Customs By-law No. 9840020 (Cth)

CUSTOMS ACT 1901

CUSTOMS TARIFF ACT 1995

PART II OF SCHEDULE 4

BY-LAW NO. 9840020

I, WAYNE ALLAN KATHAGE, delegate of the Chief Executive Officer for    

the purposes of section 271 of the Customs Act 1901, hereby make the

by-law set out in the Schedule below.

Unless the context otherwise requires, where a description of goods is

specified in the by-law set out in the Schedule, the goods to which    

that by-law applies by virtue of that description are such goods to    

which that description would apply if it were specified in Schedule 3  

to the Customs Tariff Act 1995.

Unless the context otherwise requires, any word or phrase used in a    

reference in the by-law set out in the Schedule has the same meaning   

as if it were used in the tariff classification in Schedule 3 to the   

Customs Tariff Act 1995 that applies to those goods to which that

reference applies.

  THE SCHEDULE

BY-LAW NO. 9840020

Item 27

Part II of Schedule 4

1. This by-law may be cited as Customs By-law No. 9840020.            

2. This by-law shall take effect on and from 22 October 1998.         

3. Item 27 in Part II of Schedule 4 to the Customs Tariff Act 1995

applies to fabric containing not less than 90% by weight of        

natural fibres, being fabric the Regional Director is satisfied is made by 

one or more of the following processes, and by no other process:   

(i) by hand;  

  (ii) by non-mechanical, non-powered tools held in the hand; or    

(iii) produced on hand or foot powered looms.  

4. This by-law also applies to goods containing not less than 90%     

by weight of natural fibres, made up from fabric or yarn, that     

are hand crocheted, hand knitted, hand netted or hand woven,       

being goods the Regional Director is satisfied are made up by one or more   

of the following processes, and by no other process:                

(i) by hand;  

(ii) by non-mechanical, non-powered tools held in the hand.        

5. This by-law also applies to:  

(1) textile fabric printed or dyed according to:                   

(i) the traditional batik method;  

(ii) the traditional tie and dye method;  

(iii) the traditional hand block printing method;               

2

(iv) the traditional kalamkari printing method; or            

(v) any other method of printing or dyeing that the          

Regional Director is satisfied is a traditional method in the     

country of origin;                 

(2) goods made by hand from the fabrics specified in               

subparagraph (1) above, being goods the Regional Director is satisfied 

    are made by one or more of the following processes, and by no  

other process:            

(i) by hand;  

(ii) by non-mechanical, non-powered tools held in the hand;    

(3) garments printed or dyed by one of the methods specified in    

subparagraph (1) above, after making up, being goods the       

Regional Director is satisfied are made by one or more of the following

processes, and by no other process:        

(i) by hand;  

(ii) by non-mechanical, non-powered tools held in the hand.    

6. This by-law also applies to footwear, the produce or manufacture   

of a Developing Country, classified under 6403.59.00 in            

Schedule 3 to the Customs Tariff Act 1995, not incorporating

wedges or platforms, and having:  

(i) outer soles of leather;  

(ii) leather heels of a depth not exceeding 20 mm;                

(iii) leather uppers without quarters; and  

(iv) a vamp comprising two or more separate straps,               

being goods the Regional Director is satisfied are made by one or more of   

the following processes, and by no other process:                   

(i) by hand;             

(ii) by non-mechanical, non-powered tools held in the hand;       

(iii) by machines powered by foot or hand.  

7. For the purposes of the operation of paragraph 4 or 5 in           

relation to goods, the incorporation or inclusion in the goods     

of materials or components of a minor nature that are essential    

to the assembly or normal operation of the goods shall be          

disregarded.      

8. This by-law does not apply to:  

(a) curtains classified under 6303 in Schedule 3 to the            

Customs Tariff Act 1995; or

(b) all towels, towelling and towelling products.                  

9. For the purposes of this by-law, the "Customs Tariff Act 1995"     

means the Customs Tariff Act 1995, as amended or proposed to be

altered.  

Dated this 12^th day of October 1998.

WAYNE ALLAN KATHAGE

Delegate of the Chief Executive Officer