Customs (Certificates of Origin and Interest) Regulations

STATUTORY RULES.

1940. No. 27.

––––––

REGULATIONS UNDER THE CUSTOMS ACT 1901-1936.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1936.

Dated this fourteenth day of February, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

Customs (Certificates of Origin and Interest) Regulations.

Citation.

1. These Regulations may be cited as the Customs (Certificates of Origin and Interest) Regulations.

Commencement.

2. These Regulations shall come into operation on the first day of March, 1940.

Definitions.

3. In these Regulations, unless the contrary intention appears—“enemy” means—

(a) any State, or Sovereign of a State, at war with His Majesty;

(b) any individual resident in enemy territory;

(c) any body of persons (whether corporate or unincorporate) carrying on business in any place, if and so long as the body is controlled by a person, who under this regulation, is an enemy;

(d) any body of persons constituted or incorporated in, or under the laws of, a State at war with His Majesty; or

(e) any other person who, for the purposes of any Imperial Act relating to trading with the enemy, is to be deemed to be an enemy,

but does not include any person by reason only that he is an enemy subject;

“enemy subject” means—

(a) an individual who, not being either a British subject or a British protected person, possesses the nationality of a State at war with His Majesty; or

(b) a body of persons constituted or incorporated in, or under the laws of, any such State;

“enemy territory” means—

(a) any area which is under the sovereignty of, or in the occupation of, a Power with whom His Majesty is at war, not being an area in the occupation of His Majesty or of a Power allied with His Majesty.

* Notified in the Commonwealth Gazette on      , 1940.

264.—7/30.1.1940.—Price 5d.

Prohibition of importation of certain goods.

4. The importation of any goods specified in the First Schedule to these Regulations, not being goods in relation to which a licence under section 15 of the Trading with the Enemy Act 1939 is in force, which are consigned from any country specified in the Second Schedule to these Regulations shall be prohibited unless there is produced to the Collector a Certificate of Origin and Interest in respect of those goods in accordance with the form specified in the Third Schedule to these Regulations:

Provided that the importation of goods in respect of which such a certificate is not produced at the time of importation shall not be prohibited if the importer gives security to the Collector for the production of the certificate within such time as the Collector allows.

THE SCHEDULES.

———

FIRST SCHEDULE.

1. Buttons, including blanks and those partly finished, not being partly or wholly of gold or silver.

2. Cameras, including parts and accessories.

3. Carpets, carpeting, floor rugs and other textile floors coverings.

4. Clocks and Watches, viz.:—

Clocks, except those partly or wholly of wood; watches of all kinds; watch and clock movements.

5. Containers, empty, of glass, earthenware, stoneware or china, viz.:—Bottles, flasks, jars, vials and tubes.

6. Crockery and other household ware of china, porcelainware, parianware, earthenware (including semi-vitrified earthenware), brownware or stoneware.

7. Drugs, Chemicals, and the like, viz.:—

Acids;

Ammonium chloride (muriate of ammonia or sal-ammoniac);

Butyl acetate;

Butyl alcohol;

Calcium cyanide;

Carbon tetrachloride;

Drugs and medicinal preparations;

Dyes, synthetic;

Foaming powders and liquids;

Insecticides, disinfectants and veterinary washes and dips;

Magnesium salts;

Methyl chloride;

Perfumed spirits;

Perfumery and toilet preparations;

Potassium salts;

Sodium salts;

Zinc chloride and zinc sulphate.

8. Elastics.

9. Electrical appliances and materials, viz.:—

Carbon manufactures of all kinds;

Covered cable and covered wire (other than paper-insulated lead-covered telegraph and telephone cable and cable and wire covered with paper only or cotton only or paper and cotton only);

Dynamo electrical machines, other than alternators and generators for use with steam or water driven turbines;

Filament lamps for lighting and heating;

Lightning arresters, other than wireless;

Measuring and recording instruments;

Porcelainware for electrical purposes;

Regulating, starting and controlling apparatus for all electrical purposes.

First Schedule—continued.

10. Fancy Goods, viz.:—

Card cases, hatpins, matchboxes, serviette rings and clips, sovereign purses, not being partly or wholly of gold or silver; button hooks, glove stretchers, slice horns and lifts, thimbles, ivory and other ornamental figures, feather dusters; heads, strung or unstrung, and necklets, except those made of pearls, cultured pearls, precious stones, precious metals or imitation precious metals;

Brooches, bangles, studs, sleeve links and tie clips, not being partly or wholly of gold or silver or other precious metal or imitations thereof or partly or wholly of pearls or precious stones or imitations thereof;

Other fancy goods, not being partly or wholly of gold or silver.

11. Glass, sheet and plate, of all kinds.

12. Glassware of all kinds, but not including glass parts of lamps.

13. Gloves, except of rubber.

14. Gramophones, phonographs and other talking machines.

15. Kinematographs (other than home kinematographs) and kinematograph films.

16. Lamps, lampware, lanterns, and parts thereof, including electric torches and torch cases, but not including glass bowls, shades, reflectors or refractors or lamp chimneys of glass.

17. Machines and machinery (other than electrical machinery and vehicles), viz.:—

Bootmaking and shoe making;

Broom and brush making;

Cash registers;

Cement making;

Cocoa and confectionery making;

Conveyors, telphers and transporters;

Cranes, hoists and other lifting machinery;

Dairy implements and machinery, viz.:—

Pasteurizers, jacketed vats or jacketed tanks; enamelled vats or tanks, not jacketed;

Match and match-box making;

Metal working, including metal sawing;

Milling (grain);

Motive power machinery, viz.:—

Engines, diesel or heavy oil type;

Tractors and tractor parts;

Steam engine indicators;

Revolution and speed counters;

Mowers, other than lawn mowers;

Paper making, paper working and paper box-making;

Printing;

Pumps;

Roller bearings and ball bearings not being roller-bearing or ball-bearing plummer or hanger blocks;

Sewing; stitching, button-hole punching and sewing; darning; garment drafting; straw envelope making;

Tanning and leather working machines and appliances;

Textile working machines and appliances, other, including knitting machines and knitting machine needles;

Tools, pneumatic;

Typewriters, including covers and parts;

Weighing;

Woodworking.

18. Metal manufactures, viz.:—

Aluminium plates, sheets and strips, plain;

Bolts, nuts and metal washers;

Brass pipes, tubes, plates and sheets, plain;

Chain and chains of base metal;

Cordage, metal;

Cylinders in which anhydrous ammonia and gas are ordinarily imported;

Eyelets and eyelet hooks;

First Schedule—continued.

Leaf and foil other than gold leaf and foil;

Locks;

Metals, plated polished or decorated, viz.:—bars, rods, angles, tees strips, plates and sheets, pipes and tubes, and other;

Pins, hooks and eyes, not in fancy boxes;

Pipes and Tubes, viz.:—

Flexible metal tubes;

Unpolished metal cased pipes and tubes;

Spoons, forks, cutlery and knife-sharpeners;

Steel balls for bearings other than cycle bearings;

Tools of trade for the use of artisans and mechanics and tools in general use, except picks mattocks hooks and slashers.

19. Musical instruments other than pianos and piano parts.

20. Opera, field and marine glasses, and parts thereof.

21. Paints and Colours, viz.:—

Bronzing and metal powders;

Dry colours.

22. Paper, Manufactures of Paper and Stationery, viz.:—

Cigarette tubes, paper and papers;

Crayons, pastels and solid lead pencils;

Paper and boards, except strawboards;

Paperhangings and wallpapers;

Pens and pencils;

Other manufactured stationery.

23. Photographic Materials, viz.:—

Negatives; sensitized plates films papers and cards; sensitized linen and other sensitized materials.

24. Piece Goods, viz.:—

Lace for attire; lace flouncings; millinery nets; dress nets; veilings; embroideries in the piece; tucked linens or cottons;

Tapestries and tapestry material;

Velvets, velveteens, plushes, astrachans, sealettes and cloths imitating furs;

Other piece goods, not being knitted or lockstitched, viz.:—

Artificial silk or containing artificial silk or having artificial silk worked thereon, not containing wool;

Cotton piece goods and piece goods containing a mixture of fibres in which cotton predominates, but not including piece goods containing wool or artificial silk;

Silk or containing silk or having silk worked thereon not containing wool or artificial silk.

25. Plastic moulding materials and synthetic resins.

26. Scientific instruments and apparatus and materials for scientific purposes.

27. Smoking accessories and requisites other than smoking pipes.

28. Spectacles, spectacle frames, magnifying and reading glasses, and spectacle cases.

29. Surgical and dental and veterinary instruments, appliances and materials.

30. Thermometers (not being metal-cased or metal-sealed thermometers).

31. Tiles.

32. Toys.

33. Trimmings and ornaments (including buckles, clasps and slides) for hats, shoes and other attire, not being partly or wholly of gold or silver; braids; fringes; frillings; rufflings; pleatings; ruchings; galoons; ribbons; tinsel cloth; tinsel belting and other belting for apparel webbings.

34. Vacuum cleaners other than those of the household electrically operated outside bag type.

35. Vehicles of all kinds and parts thereof and accessories therefor not being of rubber or leather.

36. Yarns, threads, and the like, viz.:—

Artificial silk yarn;

Crochet, knitting, mercerised and embroidery cottons; sewing and embroidery silks, artificial silks, silk twists and artificial silk twists; other sewing cottons.

SECOND SCHEDULE.

Albania,

Belgium and Luxemburg,

Bulgaria,

Denmark,

Estonia,

Finland,

Greece,

Hungary,

Iceland,

Italy,

Latvia,

Liechtenstein,

Lithuania,

Netherlands,

Norway,

Portugal (excluding insular territories in the Atlantic Ocean),

Roumania,

San Marino,

Spain (excluding insular territories in the Atlantic Ocean),

Sweden,

Switzerland,

Turkey,

Yugoslavia.

THIRD SCHEDULE.

Certificate of Origin and Interest.

I,           , His Majesty’s Consul- General/Consul/Vice Consul at                                                                                    , hereby certify that A (Name of applicant) B (occupation of applicant) residing at                                                                                                                                                                                                     has declared before me that the merchandise designated below, which is to be shipped from                                                         to                                                                                                                               , consigned to C (*name of consignee), D (occupation of consignee), resident at                                                                      , has not been grown, produced or manufactured in enemy territory; that no person who is an enemy, or with whom trading is prohibited under any law or proclamation for the time being in force, relating to trading with the enemy or relating to trading with persons of enemy nationality or associations, has any interest in such merchandise; and that he has produced to my satisfaction invoices or other trustworthy documents in proof thereof.

The present certificate must not be regarded as an absolute guarantee of the origin of the goods, which remain liable to seizure, if they should prove on examination by the competent British authorities to be of enemy origin.

No part/Not more than 25 per cent. of the cost of these goods to the manufacturer is due to material and labour of enemy origin.

The goods covered by this certificate must be shipped within a period of not more than     days from the date hereof.

(Signed)

(Signature of person declaring.)

(Signed)

(Signature of Consular Officer.)

Date

(Consular Fee stamp duly cancelled.)

This certificate is valid for not more than (one, two, three, &c.) (bales, cases, hogsheads. &c.).

* If desired, the word “order” may be inserted here instead.

† This column may be left blank if desired.

By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.