(ii) not being goods in respect of which duty is payable under the laws of Malawi, are supplied free of
the duty so payable.
“goods” includes vessel, aircraft, things attached to land and growing crops;
“goods in transit” means goods which‐
(a) are brought into Malawi solely for the purpose of taking them out of Malawi; and
(b) remain at all times in or on the vessel, aircraft or vehicle in or on which they are brought into
Malawi;
“import” means to bring into, cause to be brought, into Malawi;
“premises” includes any place and any stall, vehicle, vessel or aircraft;
“trade description” means an indication, direct or indirect, and by whatever means given, of any of the
following matters with respect to any goods or parts of goods, that is to say‐
(a) quantity (which includes length, width, height, area, volume, capacity, weight and number), size
or gauge;
(b) method of manufacture, production, processing and reconditioning;
(c) composition;
(d) fitness for purpose, strength, performance, behavior or accuracy;
(e) any physical characteristics not included in the preceding paragraphs;
(f) testing by any person and results therefore;
(g) approval by any person or conformity with type approved by any person;
(h) place or date of manufacture, production, processing or reconditioning;
(i) person by whom manufactured, produced, processed or reconditioned;
(j) other history, including previous ownership or use;
“trade mark” means‐
(a) a trade mark registered in Malawi under the Trade Marks Act;
(b) a trade mark registered in the register of trade marks kept under or preserved by the Trade Marks
Act;
(c) a trade mark‐
(i)
registered, or in respect of which an application for registration has been made, in a
British territory or Convention country; and
(ii)
capable of registration in Malawi under the Trade Marks Act.
(2) For the purposes of this Act‐
(a) goods shall be deemed to have been‐
(i) manufactured in the country in which they last underwent a treatment or process which
changed permanently and substantially the shape, nature, form or utility of the basic materials
used in their manufacture;
(ii) produced in the country in which they were wholly grown or mined.
(b) the Minister may by order specify‐
(i) in relation to any description of goods, what treatment or process is to be regarded for the
purposes of this Act as resulting or not resulting in a permanent and substantial change in
shape, nature, form or utility of the basic materials used in their manufacture;
(ii) in relation to any description of goods different parts of which were manufactured or
produced in different countries, or of goods assembled in a country different from that in which
their parts were manufactured or produced, in which of those countries the goods are to be
regarded for the purposes of this Act as having been manufactured or produced.
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