EXPLANATORY STATEMENT
By-law No. 0619031 (replacing BL 9640107)
Customs Act 1901
Section 271 of the Customs Act 1901 (the Act) provides, in part, that where an item of a Customs Tariff is expressed to apply to goods, or to a class or kind of goods, as prescribed by by-law, the Chief Executive Officer of Customs may make by-–laws for the purposes of that item. A Customs Tariff is defined in section 4 of the Act to mean an Act imposing duties of customs, that is the Customs Tariff Act 1995 (the Customs Tariff Act).
Background
On 4 November 2006, the Customs Tariff Amendment (2007 Harmonized System Changes) Act 2006 (the HS 2007 Act) received the Royal Assent (Act No. 118, 2006). This Act repealswill amend, from 1 January 2007, a tariff heading to which existing Customs By-law No. 9640107 appliesrefers.
Item 21 of Schedule 4 to the Customs Tariff Act sets out a duty rate of ‘Free’ for applies to goods, as prescribed by by-law, that are imported for repair, alteration or industrial processing and are to be exported. For item 21, existing Customs By-law No. 9640107 applies prescribes goods that are to recorded magnetic tape or film classified to heading 8524 imported for industrial processing and to be exported upon completion export. The HS 2007 Act repeals heading to be amended is 8524 and goods classified to heading 8524 are reclassified to heading 8523, with effect from 1 January 2007.: This heading will be replaced by 8523.
Instrument
To take into account the changes under the HS 2007 Act, By-law No. 9640107 is being revoked from 1 January 2007 by Instrument of Revocation No. 1 (2006) and replaced by -issued asnew By-law No. 0619031. The new By-law substitutes the reference to heading 8524 with a reference to heading 8523 but is otherwise the same substantially as By-law No. 9640107. to include reference to the above heading.
The amended by-law will preserve the coverage of By-law No. 9640107.
Consultation
No consultation was undertaken in relation to By-law No. 0619031 as it is of a minor and machinery nature and does not substantially alter existing arrangements.
Commencement
By-law No. 0619031 will takes effect on and from 1 January 2007.