Customs By-law Nos. 9340016, 9340017, 9340018, 9340019, 9340020, 9340021, 9340022, 9340023, 9340024, 9340025, 9340026, 9340027, 9340028, 9340029, 9340030, 9340031, 9340032, 9340033, 9340034, 9340035, 9340036, 9340037 and 9340038 (Cth)
Customs Act 1901
Customs Tariff Act 1987
PARTS II AND III OF SCHEDULE 4
BY-LAWS NOS.9340016 TO 9340038
I, ROBERT JAMES MITCHELL, delegate of the Comptroller-General of Customs for the purposes of section 271 of the Customs Act 1901, hereby make the by-laws set out in the Schedule hereto.
Unless the context otherwise requires, where a description of goods is specified in a by-law set out in the Schedule hereto, the goods that fall within that by-law by virtue of that description are such goods as would fall within that description if it were specified in the tariff classification in Schedule 3 to the Customs Tariff Act 1987 that applies to those goods.
Unless the context otherwise requires, any word or phrase used in a reference in a by-law set out in the Schedule hereto has the same meaning as if it were used in the tariff classification in Schedule 3 to the Customs Tariff Act 1987 that applies to those goods to which that reference in that by-law applies.
THE SCHEDULE
BY-LAW NO 9340016
Item 27
Part II of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340016.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 27 in Part II of Schedule 4 to the Customs Tariff Act 1987
applies to fabric classified under subheading 5111.1 in
Schedule 3 to the Customs Tariff Act 1987, stamped with the
Harris Tweed Association Limited's Certification stamp.
4. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
5. Customs By-law No. 9240095 published in Gazette No. GN 51 of 23
December 1992, is hereby revoked.
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BY-LAW NO. 9340017
Item 27
Part II of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340017.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 27 in Part II of Schedule 4 to the Customs Tariff Act 1987
applies to fabric containing not less than 90% by weight of
natural fibres, being fabric the Collector 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 Collector 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;
(iv) the traditional kalamkari printing method; or
(v) any other method of printing or dyeing that the
Collector 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 Collector
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
Collector 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.
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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 1987, 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 Collector 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 this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
8. Customs By-law No. 9240072 published in Gazette No. GN 41 of
14 October 1992, is hereby revoked.
BY-LAW NO. 9340018
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340018.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to fusible interlining fabrics classified under
5407, 5408, 5512, 5513, 5514, 5515 or 5516 in Schedule 3 to the
Customs Tariff Act 1987, other than fabrics in which more than
50% by weight of the man-made fibre content is polyethylene or
polypropylene or polyethylene and polypropylene, for use as
shoulder or chest padding in the manufacture of coats or formal
evening wear shirts.
4. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
5. Customs By-law No. 8940005 published in Gazette No. S 70 of
28 February 1989, is hereby revoked.
BY-LAW NO. 9340019
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340019.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to fabrics classified under 5407, 5408, 5512,
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5513, 5514, 5515, 5516 or 5903 in Schedule 3 to the Customs
Tariff Act 1987, for use in the manufacture or repair of
hot-air balloon envelopes, parachute canopies or sails.
4. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
5. Customs By-laws Nos. 8840015 published in Gazette No. GN 33 of 16
December 1987, and 8940002 published in Gazette No. S 70 of
28 February 1989, are hereby revoked.
BY-LAW NO. 9340020
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340020.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act 1987
applies to fabrics classified under 5907 in Schedule 3
to the Customs Tariff Act 1987, specially prepared or coated
for use in the manufacture of emery cloth.
4. For the purposes of this by-law, the manufacture of abrasive
cloth coated with any of the following substances in granular
or powder form will constitute compliance with this by-law:
(a) aluminium oxide;
(b) garnet;
(c) natural emery;
(d) silicon carbide.
5. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
6. Customs By-law No. 8840016 published in Gazette No. GN 33 of 16
December 1987, is hereby revoked.
BY-LAW NO. 9340021
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340021.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to fabrics classified under 5208, 5210 or 5212.1
in Schedule 3 to the Customs Tariff Act 1987, as follows:
(a) containing less than 20% by weight of man-made fibres; and
(b) containing less than 20% by weight of wool,
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for use otherwise than as bed linen or in the making up into bed
linen.
4. For the purposes of this by-law:
(a) "bed linen" includes bed sheeting, pillow cases, bolster
cases, continental quilt covers and bed ruffles;
(b) "pillow cases" does not include permanent containers of a
kind used solely or principally as pillows only after
filling with feathers, kapok, plastic foam or like
stuffing materials.
5. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
6. Customs By-law No. 8840013 published in Gazette No. GN 33 of
16 December 1987, is hereby revoked.
BY-LAW NO. 9340022
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340022.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to fabrics classified under 5208, 5210 or 5212.2
in Schedule 3 to the Customs Tariff Act 1987, as follows:
(a) containing less than 20% by weight of man-made fibres;
and
(b) containing less than 20% by weight of wool,
having a raised nap on one or both sides and which, when tested
on an Instron Tensile Testing Machine or similar apparatus, have:
(i) a thickness of 0.60 mm or more when measured at a compression
of 5 g/cm2; and
(ii) a thickness, when measured at a compression of 50 g/cm2, of at
least 0.15 mm less than the thickness when measured at a
compression of 5 g/cm2 .
4. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
5. Customs By-law No. 8840012 published in Gazette No. GN 33 of
16 December 1987, is hereby revoked.
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BY-LAW NO. 9340023
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340023.
3. This by-law will cease to have effect on 1 July 1996.
4. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to fabrics classified under 5007, 5111, 5112,
5208, 5210, 5212, 5407, 5408, 5512, 5513, 5515 or 5516 in
Schedule 3 to the Customs Tariff Act 1987, weighing less than
125 g/m2, as follows:
(a) for use in a clothing factory in the manufacture of goods,
as follows:
(i) goods, which if imported, would be classified in
Chapter 62 in Schedule 3 to the Customs Tariff Act
1987, other than lining or pocketings;
(ii) bias binding;
(iii) piping;
(b) having a width of less than 115 cm, other than fabrics
containing filament yarn that have a value not
exceeding $1.50/m2, for use other than for any manufacturing
process.
5. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to
be altered.
6. Customs By-law No. 9040028 published in Gazette No. GN 25 of
27 June 1990, is hereby revoked.
BY-LAW NO. 9340024
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340024.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to fabrics classified under 5007, 5208, 5210,
5212, 5407, 5408, 5512, 5513, 5515 or 5516 in Schedule 3 to
the Customs Tariff Act 1987, weighing less than 125 g/m2, for
impregnating, coating, covering or laminating with plastics with a
permanent plastic addition of 30 g/m2 or more by the person who
who entered the goods for home consumption that, as coated fabric,
is to be:
(a) sold in that form; or
(b) made up into finished products, other than curtains,
by that person.
4. For the purposes of this by-law:
(i) "coated fabric" means fabric that has been impregnated,
coated, covered or laminated with a permanent plastic
addition of 30 g/m2 or more;
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(ii) "plastic" means plastics as defined in Note 1 to
Chapter 39 in Schedule 3 to the Customs Tariff Act 1987.
5. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
6. Customs By-law No. 8940006 published in Gazette No. S 70 of 28
February 1989, is hereby revoked.
BY-LAW NO. 9340025
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340025.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to fabrics classified under 5210, 5211 or 5212.2
in Schedule 3 to the Customs Tariff Act 1987, weighing not more
than 510 g/m2, other than fabrics having a value exceeding
$2.67/m2 and:
(a) if weighing 203 g/m2 or more, are of Jacquard, dobby, sateen
or like weaves; or
(b) if weighing 305 g/m2, are of fancy weaves or are woven from
fancy yarns; or
(c) if classified under 5210, weigh 120 g/m2 or more,
for use in the manufacture of surgical or adhesive plaster.
4. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
5. Customs By-law No. 9140059 published in Gazette No. GN 36 of 18
September 1991, is hereby revoked.
BY-LAW NO. 9340026
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340026.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to fabrics classified under 5407 or 5408 in
Schedule 3 to the Customs Tariff Act 1987, other than
elastomeric fabrics weighing not more than 510 g/m2, for use
in the manufacture of surgical or adhesive plaster.
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4. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
5. Customs By-law No. 8940003 published in Gazette No. S 70 of 28
February 1989, is hereby revoked.
BY-LAW NO. 9340027
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340027.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act 1987
applies to fabrics classified under 5407, 5408, 5512, 5513, 5514,
5515 or 5516 in Schedule 3 to the Customs Tariff Act 1987,
containing less than 20% by weight of wool, as follows:
(a) multi-coloured woven;
(b) printed;
(c) other than multi-coloured or woven, imported in widths not
exceeding 76 cm,
for use, other than as an interlining, in the manufacture of:
(a) cummerbunds;
(b) neck ties;
(c) sets consisting of neck tie and decorative pocket
handkerchief made from the same fabric.
4. For the purposes of this by-law, the following fabrics are not
printed:
(a) fabrics printed with dyes, pigments or colours that are not
fast to light or laundering;
(b) fabrics bearing designs of a utility nature, that is, not of
an ornamental or decorative nature;
(c) fabrics printed to such a small degree or at such infrequent
intervals that, having regard to the remaining area of the
fabric, the Collector is of the opinion that the printing is
nominal.
5. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
6. Customs By-law No. 9040027 published in Gazette No. GN 25 of 27
June 1990, is hereby revoked.
BY-LAW NO. 9340028
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340028.
2. This by-law shall take effect on and from 1 March 1993.
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3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to fabrics classified under 5407, 5408, 5512,
5513, 5514, 5515 or 5516 in Schedule 3 to the Customs Tariff
Act 1987, defined for cutting up for the manufacture of
hemmed or hemstitched table linen.
4. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
5. Customs By-law No. 8940001 published in Gazette No. S 70 of
28 February 1989, is hereby revoked.
BY-LAW NO. 9340029
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340029.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to fusible interlining fabrics classified under
5210, 5211, 5212, 5903 or 6002 in Schedule 3 to the Customs
Tariff Act 1987, for use as shoulder or chest padding in the
manufacture of coats or formal evening wear shirts.
4. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
5. Customs By-law No. 8840011 published in Gazette No. GN 33 of
16 December 1987, is hereby revoked.
BY-LAW NO. 9340030
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340030.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to printed fabrics classified under 5209, 5211 or
5212.2 in Schedule 3 to the Customs Tariff Act 1987, other than
fabrics as follows:
(a) of huckaback or honeycomb weave;
(b) of plain, matt or twill weave;
(c) containing 20% or more by weight of man-made fibres;
(d) containing 20% or more by weight of wool.
4. For the purposes of this by-law, the following fabrics are not
printed:
(a) fabrics printed with dyes, pigments or colours that are not
fast to light or laundering;
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(b) fabrics bearing designs of a utility nature, that is, not
of an ornamental or decorative nature;
(c) fabrics printed to such a small degree or at such infrequent
intervals that, having regard to the remaining area of the
fabric, the Collector is of the opinion that the printing is
nominal.
5. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
6. Customs By-law No. 8840014 published in Gazette No. GN 33 of 16
December 1987, is hereby revoked.
BY-LAW NO. 9340031
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340031.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to yarns classified under a heading or subheading
specified in the Table below, other than:
(a) wool carpet yarns;
(b) yarns of fibrillated polypropylene classified under 5402.49.00
or 5402.59.00;
(c) yarns put up for retail sale,
for use other than in the further manufacture of yarns:
TABLE
5106 5306.20.00 5403.20.00
5107 5402.3 5403.3
5108 5402.4 5403.4
5205 5402.5 5509
5206 5402.6 5510.
4. For the purposes of this by-law, “further manufacture” means
balling, putting up in hanks or skeins, or otherwise putting
up for retail sale.
5. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
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BY-LAW NO. 9340032
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340032.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to fabrics classified under 5407, 5408, 5512,
5513, 5514, 5515 or 5516 in Schedule 3 to the Customs Tariff
Act 1987, other than elastomeric fabrics weighing not more than
510 g/m2, for use in the manufacture of brassieres, corsets,
torsolettes, corselettes or pantie girdles.
4. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
BY-LAW NO. 9340033
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340033.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to fabrics classified under 5903 in Schedule 3
to the Customs Tariff Act 1987, for use as fusing lining in
the manufacture of collars or cuffs for shirts or blouses.
4. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
BY-LAW NO. 9340034
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340034.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to "Long pile" synthetic fur fabric classified
under 6001.10.00 in Schedule 3 to the Customs Tariff Act 1987,
weighing not less than 700 g/m2, for use in the manufacture of
plush toys.
4. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
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BY-LAW NO. 9340035
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340035.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to polyamide fabrics, coated, covered, impregnated
or laminated with artificial plastic materials, for use in the
manufacture of:
(a) rainwear;
(b) parkas;
(c) ski-jackets.
4. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
BY-LAW NO. 9340036
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340036.
2. This by-law shall take effect on and from 1 March 1993.
3. This by-law will cease to have effect on 1 July 1996.
4. Item 40A in Part III of Schedule 4 to the Customs Tariff Act 1987
applies to fabrics classified under 5407 or 5408 in Schedule 3 to
the Customs Tariff Act 1987, weighing less than 125 g/m2 and having
a width of 112 cm or more but not more than 160 cm, being fabric of:
(a) cuprammonium rayon;
(b) polyamide;
(c) polyester; or
(d) viscose rayon; and
(e) plain weave taffetta 1/1, twill 2/1 or twill 3/1,
entered for home consumption by a person approved by the
Collector.
5. For the purposes of this by-law, a person is approved by the
Collector on the issue of a determination that specifies
an amount of the above goods three times the amount of
taffeta (viscose, nylon or polyester) purchased from a local
manufacturer.
6. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
7. Customs By-law No. 8940021 published in Gazette No. S 86 of
9 March 1989, is hereby revoked.
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BY-LAW NO. 9340037
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340037.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to handkerchiefs classified under 6213 in Schedule
3 to the Customs Tariff Act 1987, imported in packs containing
not less than 5 dozen handkerchiefs of one design and/or colour,
not put up for retail sale.
4. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
BY-LAW NO. 9340038
Item 40A
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 9340038.
2. This by-law shall take effect on and from 1 March 1993.
3. Item 40A in Part III of Schedule 4 to the Customs Tariff Act
1987 applies to hand tufted goods classified under 5703 in
Schedule 3 to the Customs Tariff Act 1987, made by non-powered
tufting machines held in the hand.
4. For the purposes of this by-law, the "Customs Tariff Act 1987"
means the Customs Tariff Act 1987, as amended or proposed to be
altered.
Dated this 17th day of February 1993
ROBERT JAMES MITCHELL
Delegate of the
Comptroller-General of Customs
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