Customs Act 1901
Customs Tariff Act 1987
PART III OF SCHEDULE 4
BY-LAWS NoS. 8940039 tO 8940041
I, ALAN A. PATERSON, 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 the 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. 8940039
Item 45
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 8940039.
2. This by-law shall take effect on and from 1 July 1989.
3. Item 45 in Part III of Schedule 4 to the Customs Tariff Act 1987
applies to goods designed for use in the mining industry, as follows:
(a) DRILLING MACHINES, blast hole, having EITHER of the following
characteristics:
(i) a pull down capacity exceeding 395 kN;
(ii) a pull down capacity NOT exceeding 395 kN, being machines
driven by an external electric power source in EITHER of the
following forms:
(a) electric (input)/hydraulic (motor);
(b) electric (input)/electric (motor);
(b) LOADERS, pick-up conveyor (continuous loaders), being loaders which
pick-up bulk material for transport from the work face, but NOT
including ANY of the following:
(i) shovel loaders;
(ii) loader transporters;
(iii) buckets, dippers, grabs, grapples, shovels or other similar
attachments when imported as replacement parts;
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(c) PARTS, other than flight bars, for longwall mining system stage
loader conveyors, as follows:
(i) drive stations;
(ii) return end modules;
(iii) transition pans having a bend in excess of 5º;
(iv) one piece sigma sections in lengths of 3 m or greater;
(d) PUMPS, specially designed to lift oil from a well to the earth’s
surface;
(e) PARTS classified under 8431.49.90 for mechanical shovels having a
shovel capacity exceeding 5 m3, but NOT including ANY of the
following:
(i) front attachment and crowd machinery, dipper handle assembly,
dipper assembly and crowd transmission;
(ii) gantry assembly being tension member assembly, compression
member assembly, A-frame assembly and suspension rope
assembly;
(iii) crawler frame assembly, including crawler shoes, lower roller
assembly, front idler assembly and drive tumblers;
(iv) cable reel;
(v) buckets, dippers, grabs and other attachments of a similar
kind;
(f) TRACTORS, off-highway, designed for bottom dump trailers having a
payload capacity of 90 t or greater;
(g) TRUCKS, dump, non-articulated, off-highway, designed, when complete,
to have a payload capacity of 75 t or greater, but NOT including
replacement payload bodies;
(h) PARTS FOR COMPLETE GOODS to which, if imported, Item 45 in Schedule 4
to the Customs Tariff Act 1987 would apply where:
(a) the parts:
(i) are classified under the same heading as the complete
goods for which they form a part; or
(ii) are classified under heading 8431 or 8708; and
(b) the parts are NOT excluded from the by-law for the complete
goods for which they form a part.
4. For the purposes of this by-law the ‘Customs Tariff Act 1987’ means the
Customs Tariff Act 1987, as amended from time to time.
BY-LAW NO. 8940040
Item 46
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 8940040.
2. This by-law shall take effect on and from 1 July 1989.
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3. Item 46 in Part III of Schedule 4 to the Customs Tariff Act 1987 applies
to goods designed for use in the agricultural industry, as follows:
(a) BALERS, hay, designed to produce rectangular bales with cross-
sectional height NOT less than 590 mm and width NOT less than 765 mm;
(b) BLOWERS, mist, agricultural, shoulder pack, incorporating a
motor, having an air speed NOT less than 100 m/s;
(c) FOGGING/MISTING MACHINES, incorporating air shear nozzles and a
blower having an air speed NOT less than 90 m/s, as follows:
(i) self-propelled “walking” type (operator walks with the
machine);
(ii) self-propelled “ride-on” type;
(iii) “module” type, designed to be mounted onto a vehicle;
(d) FOGGING/MISTING MACHINES, pneumatic, tractor power take-off driven,
incorporating air shear nozzles, capable of producing a particle size
of 40 microns or less;
(e) MOWERS, as follows:
(i) conditioning mowers which in one pass over the crop:
(a) cut the crop; and
(b) as a separate process crimp, flail, rub or perform a
like process on the crop;
(ii) fodder production mowers complying with ALL the following:
(a) having more than one disc or one drum;
(b) tractor drawn, power take-off driven;
(c) blades operating in horizontal plane;
(d) blade length NOT exceeding 16 cm;
(e) blade thickness NOT exceeding 6 mm;
(f) PUMPS, diaphragm, designed for use with agricultural sprays, tractor
power take-off driven, capable of delivering 98 L/min or greater at
5 000 kPa;
(g) PUMPS, vacuum, specially designed for use in milking machines;
(h) SILAGE WAGON COMPONENTS, as follows:
(i) choppers;
(ii) pick-up combination units;
(i) SILOS, glass coated steel;
(j) WINDROWERS, crop cutting, as follows:
(i) self-propelled, having a cutting width exceeding 7.6 m;
(ii) power take-off driven, having a cutting width exceeding
10 m;
(k) PARTS FOR COMPLETE GOODS to which, if imported, Item 46 in Schedule 4
to the Customs Tariff Act 1987 would apply where the parts:
(a) are classified under the same heading as the complete goods for
which they form a part; and
(b) are NOT excluded from the by-law for the complete goods for
which they form a part.
4. For the purposes of this by-law the ‘Customs Tariff Act 1987’ means the
Customs Tariff Act 1987, as amended from time to time.
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BY-LAW NO. 8940041
Item 47
Part III of Schedule 4
1. This by-law may be cited as Customs By-law No. 8940041.
2. This by-law shall take effect on and from 1 July 1989.
3. Item 47 in Part III of Schedule 4 to the Customs Tariff Act 1987
applies to goods listed in Column 2 of the TABLE hereunder,
being goods that are classified within the Tariff subheading
listed in Column 1 of that TABLE opposite those goods:
THE TABLE
Column 1 Column 2
Tariff subheading Goods
8429.51 LOADERS, four-wheel drive, complying with
ALL of the following:
(a) engine power exceeding 250 kW;
(b) width over standard tyres
exceeding 3 350 mm;
(c) bucket hinge pin height at
maximum lift exceeding 4 450 mm;
8429.51 LOADERS, rock, conveyor discharge, loading
rate of 10 t/min or greater;
8429.51 LOADERS, rail wheeled type, air powered;
8429.59 EXCAVATORS, crawler mounted, air powered;
8431.49 HEADS, rotary, excavating, hydraulically
powered, designed for attachment to
excavator booms.
4. For the purposes of this by-law the ‘Customs Tariff Act 1987’
means the Customs Tariff Act 1987, as amended from time to time.
Dated third 23rd day of June 1989.
A.A. PATERSON
Delegate of the Comptroller-General
of Customs