Customs Tariff Act 1982

Customs Tariff Act 1982

No. 113 of 1982

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

3. Incorporation of Customs Act

4. Interpretation

5. Certain installations to be part of Australia

6. Installations and goods deemed to be imported

7. Goods taken to installations

8. Export of off-shore installations

9. Export of goods from off-shore installations

10. Measurement of alcohol

11. Ad valorem duties

12. Certain words, &c., deemed rates

13. Phasing rates

14. Classes of countries and places in relation to which special rates apply

15. Application of rates of duty in relation to countries and places

16. Schedule 3 divided into items, &c.

17. Rules for classifying goods under the Schedules

PART II—DUTIES OF CUSTOMS

18. Imposition of duties

19. General rates of duty

20. Special rates of duty for New Zealand

21. Special rates of duty for Papua New Guinea

TABLE OF PROVISIONS—continued

Section

22. Special rates of duty for Forum Island Countries, Declared Preference Countries and Developing Countries

23. Special rates of duty for Canada

24. Rates in respect of separate parts of goods

25. Substitutes and imitations

26. Goods consisting of separate articles

PART III—CONCESSIONAL RATES OF DUTY

27. Special concessional rates of duty

28. Application of sub-section 27 (1)

29. Substituted concessional rates of duty

PART IV—MISCELLANEOUS

30. Temporary rates of duty

31. Duty where goods consist of certain containers and certain contents

32. Repeal

SCHEDULE 1

Classes of countries and places in relation to which special rates apply

PART I—Forum Island Countries

PART II—Declared Preference Countries

PART III—Developing Countries

SCHEDULE 2

Rules for the interpretation of Schedule 3

SCHEDULE 3

Description of goods and general and special rates of duty

SCHEDULE 4

Concessional rates of duty

PART I—Special concessional rates of duty

PART II—Substituted concessional rates of duty

SCHEDULE 5

Rates of duty applying in relation to New Zealand

SCHEDULE 6

Repealed Acts

Customs Tariff Act 1982

No. 113 of 1982

An Act relating to duties of Customs

[Assented to 22 November 1982]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Customs Tariff Act 1982.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

Incorporation of Customs Act

3. The Customs Act 1901 is incorporated, and shall be read as one, with this Act.

Interpretation

4. (1) In this Act, unless the contrary intention appears—

“abbreviation”, in relation to a country or place, means the abbreviation specified in Schedule 1 opposite to the name of that country or place wherever that name occurs in that Schedule;

“commencing date” means the date on which this Act comes into operation;

“Declared Preference Country” means—

(a) a country that is a Declared Preference Country by virtue of paragraph 14 (b); or

(b) a place that is to be treated as a Declared Preference Country by virtue of paragraph 14 (c);

“Developing Country” means—

(a) a country that is a Developing Country by virtue of paragraph 14 (d); or

(b) a place that is to be treated as a Developing Country by virtue of paragraph 14 (e);

“duty” means a duty of Customs imposed by section 18;

“Forum Island Country” means a country that is a Forum Island Country by virtue of paragraph 14 (a);

“Industries Assistance Commission” means the Industries Assistance

Commission constituted under the Industries Assistance Commission Act 1973;

“kVA” means kilovoltampere;

“pack”, in relation to goods, means the smallest saleable unit in which the goods are put up.

(2) Unless the contrary intention appears, a reference in this Act or any other law of the Commonwealth to the tariff classification in Schedule 3 that applies to goods shall, in relation to any goods, be read as a reference to—

(a) if the item in Schedule 3 that applies to the goods is not divided into sub-items—that item;

(b) if that item is divided into sub-items and the sub-item that applies to the goods is not divided into paragraphs—that sub-item;

(c) if that sub-item is divided into paragraphs and the paragraph that applies to the goods is not divided into sub-paragraphs—that paragraph; or

(d) if that paragraph is divided into sub-paragraphs—the sub-paragraph that applies to the goods.

(3) Where, in a note to a Division or Chapter in Schedule 3, it is provided that goods of a specified kind do not fall within a specified Division, or within a specified Chapter, in that Schedule, goods of that kind shall be taken not to fall within any item in that last-mentioned Division or Chapter.

(4) Where the letters “NSA” are specified in relation to a description of goods in column 2 of a sub-item of an item, a paragraph of a sub-item, or a

sub-paragraph of a paragraph, in Schedule 3, the goods that fall within that description shall be taken not to include any goods referred to in a preceding sub-item of that item, a preceding paragraph of that sub-item or a preceding sub-paragraph of that paragraph, as the case may be.

(5) Where—

(a) 2 rates of duty are set out in column 3 or column 4 in the tariff classification in Schedule 3 that applies to goods or 2 rates of duty are set out in column 4 of an item in Schedule 5 that applies to goods; and

(b) the second occurring rate is expressed to apply if it is lower, or is expressed to apply if it is higher, than the other rate,

the second occurring rate applies only where an amount of duty ascertained in respect of those goods by reference to that rate is less or is greater, as the case may be, than the duty ascertained in respect of those goods by reference to that other rate and, for the purposes of section 22, only the rate that applies shall be taken to be so set out.

Certain installations to be part of Australia

5. (1) For the purposes of the Customs Acts, where an overseas installation becomes attached to the Australian seabed, the installation shall, subject to sub-section (4), be deemed to be part of Australia.

(2) For the purposes of the Customs Acts, an installation that, at the commencing date, is attached to the Australian seabed shall, subject to sub-section (4), be deemed to be part of Australia.

(3) For the purposes of this Act, an installation (other than an installation that is deemed by sub-section (1) to be part of Australia) that becomes attached to the Australian seabed shall, subject to sub-section (4), be deemed to be part of Australia.

(4) An installation that is deemed to be part of Australia by virtue of the operation of this section shall, for the purposes of the Customs Acts, cease to be part of Australia if—

(a) the installation is detached from the Australian seabed, or from another installation that is attached to the Australian seabed, for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits); or

(b) after having been detached from the Australian seabed otherwise than for the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits).

Installations and goods deemed to be imported

6. (1) Where an overseas installation (not being an installation referred to in sub-section (2)) becomes attached to the Australian seabed, the installation

and any goods on the installation at the time when it becomes so attached shall, for the purposes of the Customs Acts, be deemed to have been imported into Australia at the time when the installation becomes so attached.

(2) Where an overseas installation—

(a) is brought to a place in Australia; and

(b) is to be taken from that place into Australian waters for the purpose of becoming attached to the Australian seabed,

the installation and any goods on the installation at the time when it is brought to that place shall, for the purposes of the Customs Acts, be deemed to have been imported into Australia at the time when the installation is brought to that place.

Goods taken to installations

7. Where goods are taken from parts beyond the seas on to an Australian installation, the goods shall, for the purposes of the Customs Acts, be deemed to have been imported into Australia upon being taken on to the installation.

Export of off-shore installations

8. (1) Where an installation ceases to be part of Australia, the installation and any goods on the installation at the time when it ceases to be part of Australia shall, for the purposes of the Customs Acts, be deemed to have been exported from Australia.

(2) Where an installation is taken from a place in Australia into Australian waters for the purpose of becoming attached to the Australian seabed, the installation and any goods on the installation shall not be taken, for the purposes of the Customs Acts, to have been exported from Australia.

Export of goods from off-shore installations

9. For the purposes of the Customs Acts, where goods are taken from an Australian installation for the purpose of being taken to parts beyond the seas, the goods shall be deemed to have been exported from Australia at the time when they are so taken from the installation.

Measurement of alcohol

10. For the purposes of this Act—

(a) the volume of ethyl alcohol contained in goods shall be taken to be the volume that would be the volume of that alcohol if the alcohol were measured at a temperature of 20°C; and

(b) a calculation made for the purpose of ascertaining the volume of ethyl alcohol by reference to the specific gravity of ethyl alcohol shall be made on the basis that, at a temperature of 20°C and in vacuum, the specific gravity of ethyl alcohol in relation to water is 0.79067.

Ad valorem duties

11. (1) Unless the contrary intention appears, where, in Schedule 3, in Schedule 4 or in Schedule 5, reference is made to a percentage in relation to

goods or in relation to a part, component or ingredient of goods, the reference shall, in relation to any goods or a part, component or ingredient of any goods, as the case may be, be read as a reference to that percentage of the value of the goods or of that part, component or ingredient of the goods, as the case may be.

(2) The value of any goods for the purposes of this Act is, unless the contrary intention appears, the customs value of the goods ascertained or determined in accordance with Division 2 of Part VIII of the Customs Act 1901.

(3) The value of a part, component or ingredient of any goods for the purposes of this Act is, unless the contrary intention appears, such proportion of the value of the goods as the Minister directs.

Certain words, &c., deemed rates

12. (1) Where the word “Free” is set out in—

(a) column 3 or column 4 of Schedule 3;

(b) column 3 or column 4 of Part I of Schedule 4;

(c) column 4 or column 5 of Part II of Schedule 4; or

(d) column 4 of Schedule 5,

that word shall, unless the contrary intention appears, be deemed, for the purposes of this Act or any other law of the Commonwealth, to be a rate of duty.

(2) Any words, or words and figures, set out in—

(a) column 3 or column 4 of Schedule 3;

(b) column 3 or column 4 of Part I of Schedule 4;

(c) column 4 or column 5 of Part II of Schedule 4; or

(d) column 4 of Schedule 5,

being words, or words and figures, that enable the duty to be ascertained in respect of goods, whether by reference to a rate or rates of duty or otherwise, shall, unless the contrary intention appears, be deemed, for the purposes of this Act or any other law of the Commonwealth, to be a rate of duty.

Phasing rates

13. (1) If a rate of duty set out in column 3 or column 4 in the tariff classification in Schedule 3 that applies to goods is expressed to have effect from a specified date, that rate shall be taken to be so set out only when ascertaining duty in respect of those goods, or goods that are part of those goods, as the case requires, that are entered for home consumption on or after that date.

(2) If a rate of duty set out in column 3 or column 4 in a tariff classification in Schedule 3 that applies to goods is expressed to have effect to a specified date, that rate shall be taken to be so set out only when ascertaining duty in respect of those goods, or goods that are part of those goods, as the case requires, that are entered for home consumption on or before that date.

(3) For the purposes of sub-section (1), a rate of duty set out in column 3 or column 4 in the tariff classification in Schedule 3 that applies to goods shall

be deemed to be expressed to have effect from a specified date if that date preceded by the word “From” is specified in column 2 in that tariff classification in relation to the rate.

(4) For the purposes of sub-section (2), a rate of duty set out in column 3 or column 4 in the tariff classification in Schedule 3 that applies to goods shall be deemed to be expressed to have effect to a specified date if that date preceded by the word “To” is specified in column 2 in that tariff classification in relation to the rate.

Classes of countries and places in relation to which special rates apply

14. For the purposes of this Act—

(a) a country specified in column 1 of Part I of Schedule 1 is a Forum Island Country;

(b) a country specified in column 1 of Division 1 of Part II of Schedule 1 is a Declared Preference Country;

(c) a place specified in column 1 of Division 2 of Part II of Schedule 1 shall be treated as a Declared Preference Country;

(d) a country specified in column 1 of Division 1 of Part III of Schedule 1 is a Developing Country; and

(e) a place specified in column 1 of Division 2 of Part III of Schedule 1 shall be treated as a Developing Country.

Application of rates of duty in relation to countries and places

15. (1) Subject to this section, for the purposes of this Act—

(a) a rate of duty set out in column 4 of Schedule 3, column 4 of Part I of Schedule 4 or column 5 of Part II of Schedule 4 applies in relation to Papua New Guinea if “PNG” is specified in relation to the rate;

(b) a rate of duty so set out applies in relation to every Forum Island Country if “FI” or “DC” is specified in relation to the rate;

(c) a rate of duty so set out applies in relation to every Declared Preference Country if “DPC” or “DC” is specified in relation to the rate;

(d) a rate of duty so set out applies in relation to every Developing Country if “DC” is specified in relation to the rate;

(e) a rate of duty so set out applies in relation to a particular country or place, being a country that is a Forum Island Country or a country that is, or a place that is to be treated as, a Declared Preference Country or a Developing Country, if the name of, or the abbreviation for, that country or place is specified in relation to the rate;

(f) a rate of duty so set out applies in relation to Canada if “CAN” is specified in relation to the rate; and

(g) a rate of duty set out in column 4 of Part I of Schedule 4 or column 5 of Part II of Schedule 4 applies in relation to New Zealand if “NZ” is specified in relation to the rate.

(2) A rate of duty set out in column 4 of Schedule 3, column 4 of Part I of Schedule 4 or column 5 of Part II of Schedule 4 in relation to which “FI” or “DC” is specified does not apply in relation to a particular country or place if those letters are followed by a phrase that begins with the word “except” and contains the name of, or the abbreviation for, that country or place.

(3) Where, by virtue of sub-section 151 (2), (6) or (7) of the Customs Act 1901, goods are to be treated as the manufacture of a country that is a Forum Island Country but the goods are not required to be treated as the manufacture of that country by virtue of sub-section 151 (5) of that Act, any rate of duty—

(a) which is set out in—

(i) column 4 in the tariff classification in Schedule 3 that applies to the goods;

(ii) column 4 in the item (if any) in Part I of Schedule 4 that applies to the goods; or

(iii) column 5 in the item (if any) in Part II of Schedule 4 that applies to the goods; and

(b) in relation to which “FI” is specified,

shall not apply in relation to that country or place for the purpose of ascertaining duty in respect of those goods.

(4) Where, by virtue of sub-section 151 (5) or (6) of the Customs Act 1901, goods are to be treated as the manufacture of a country that is, or a place that is to be treated as, a Declared Preference Country but the goods are not required to be treated as the manufacture of that country or place by virtue of sub-section 151 (2) or (7) of that Act, any rate of duty—

(a) which is set out in—

(i) column 4 in the tariff classification in Schedule 3 that applies to the goods;

(ii) column 4 in the item (if any) in Part I of Schedule 4 that applies to the goods; or

(iii) column 5 in the item (if any) in Part II of Schedule 4 that applies to the goods; and

(b) in relation to which “DPC” is specified,

shall not apply in relation to that country or place for the purpose of ascertaining duty in respect of those goods.

Schedule 3 divided into items, &c.

16. (1) In Schedule 3—

(a) an asterisk, that is, the symbol *, in column 2 at the commencement of a line indicates the commencement of an item;

(b) a dash, that is, the symbol -, in column 2 at the commencement of a line indicates the commencement of a sub-item of the item in which the symbol appears;

(c) 2 dashes, that is, the symbols - -, in column 2 at the commencement of a line indicate the commencement of a paragraph of the sub-item in which the symbols appear; and

(d) 3 dashes, that is, the symbols - - -, in column 2 at the commencement of a line indicate the commencement of a sub-paragraph of the paragraph in which the symbols appear.

(2) For the purposes of this Act or any other law of the Commonwealth—

(a) an item in Schedule 3 may be referred to by the word “item” followed by the number set out opposite to the commencement of the item in column 1 of that Schedule;

(b) a sub-item of an item in Schedule 3 may be referred to by the word “sub-item” followed by the number set out opposite to the commencement of the sub-item in column 1 of that Schedule;

(c) a paragraph of a sub-item in Schedule 3 may be referred to by the word “paragraph” followed by the number set out opposite to the commencement of the paragraph in column 1 of that Schedule; and

(d) a sub-paragraph of a paragraph in Schedule 3 may be referred to by the word “sub-paragraph” followed by the number set out opposite to the commencement of the sub-paragraph in column 1 of that Schedule.

(3) In a note to a Division or Chapter in Schedule 3, in column 2, 3 or 4 of Schedule 3, in Schedule 4 or in Schedule 5—

(a) an item in Schedule 3 may be referred to by the number set out opposite to the commencement of the item in column 1 of Schedule 3;

(b) a sub-item of an item in Schedule 3 may be referred to by the number set out opposite to the commencement of the sub-item in column 1 of Schedule 3;

(c) a paragraph of a sub-item in Schedule 3 may be referred to by the number set out opposite to the commencement of the paragraph in column 1 of Schedule 3; and

(d) a sub-paragraph of a paragraph in Schedule 3 may be referred to by the number set out opposite to the commencement of the sub-paragraph in column 1 of Schedule 3.

(4) For the purposes of this Act or any other law of the Commonwealth, the number set out in column 1 of Schedule 3 opposite to the commencement of an item, a sub-item of an item, a paragraph of a sub-item or a sub-paragraph of a paragraph shall be deemed to form part of the item, sub-item, paragraph or sub-paragraph, as the case may be.

Rules for classifying goods under the Schedules

17. (1) The Rules for the Interpretation of Schedule 3 set out in Schedule 2 have effect for the purpose of ascertaining—

(a) within which item or items any goods fall and, if the goods fall within 2 or more items, which one of those items applies to the goods;

(b) if the item that applies to the goods is divided into sub-items, within which of those sub-items the goods fall and, if the goods fall within 2 or more of those sub-items, which one of those sub-items applies to the goods;

(c) if the sub-item that applies to the goods is divided into paragraphs—within which of those paragraphs the goods fall and, if the goods fall within 2 or more of those paragraphs, which one of those paragraphs applies to the goods; and

(d) if the paragraph that applies to the goods is divided into sub-paragraphs—within which of those sub-paragraphs the goods fall and, if the goods fall within 2 or more of those sub-paragraphs, which one of those sub-paragraphs applies to the goods.

(2) In sub-section (1), and in Schedules 2 and 3—

“Chapter” means a Chapter of a Division;

“column” means a column in Schedule 3;

“Division” means a Division of Schedule 3;

“item” means an item in Schedule 3;

“paragraph” means a paragraph of a sub-item;

“Sub-chapter” means a Sub-chapter of a Chapter;

“sub-item” means a sub-item of an item;

“sub-paragraph” means a sub-paragraph of a paragraph.

(3) Where a description of goods is specified in column 3 of an item in Schedule 5 (not being a description by reference only to the tariff classification in Schedule 3 that is specified in column 2 of that item), the goods that fall within that item by virtue of that description are such goods as would fall within that description if it were specified in that tariff classification in Schedule 3.

(4) Unless the contrary intention appears, any word or phrase used in column 4 of an item in Schedule 5 has the same meaning as it would have if it were used in column 3 or 4 of Schedule 3 in the tariff classification in Schedule 3 that is specified in column 2 of that item in Schedule 5.

PART II—DUTIES OF CUSTOMS

Imposition of duties

18. (1) Subject to this Act, duties of Customs are imposed, in accordance with this Part, on goods imported into Australia, whether before, on or after the commencing date.

(2) Sub-section (1) does not apply to goods imported into Australia before the commencing date unless they are entered, or again entered, for home consumption on or after the commencing date.

General rates of duty

19. (1) This section applies to goods other than goods that are the produce or manufacture of—

(a) New Zealand;

(b) Papua New Guinea;

(c) a Forum Island Country;

(d) a Declared Preference Country;

(e) a Developing Country; or

(f) Canada.

(2) Subject to this Act, the duty in respect of goods to which this section applies shall be ascertained by reference to the rate of duty set out in column 3 in the tariff classification in Schedule 3 that applies to the goods.

Special rates of duty for New Zealand

20. (1) Subject to this Act, the duty in respect of goods that are the produce or manufacture of New Zealand shall be ascertained by reference to—

(a) in a case where an item in Schedule 5 applies to the goods—the rate of duty set out in column 4 in that item; or

(b) in any other case—the rate of duty set out in column 3 in the tariff classification in Schedule 3 that applies to the goods, being that column as affected by sub-section (3) of this section.

(2) An item in Schedule 5 applies to goods if—

(a) the tariff classification in Schedule 3 that applies to the goods is specified in column 2 of that item; and

(b) the goods are included in the class of goods specified in column 3 of that item.

(3) For the purposes of the application of this section, the word “Free” shall be deemed to be substituted for each rate of duty, other than the word “Free”, set out in column 3 in Schedule 3.

(4) Notwithstanding sub-section (1) but subject to the other provisions of this Act, where the amount of duty that would be ascertained in accordance with that sub-section in respect of goods that are the produce or manufacture of New Zealand is less than the amount of duty (in this sub-section referred to as the “previous amount of duty”) that would have been ascertained in respect of the goods in accordance with Part II of the Customs Tariff Act 1966 if this Act had not been enacted, the duty in respect of the goods shall be the previous amount of duty.

Special rates of duty for Papua New Guinea

21. (1) Subject to this Act, the duty in respect of goods that are the produce or manufacture of Papua New Guinea shall be ascertained by reference to—

(a) in a case where a rate of duty that applies in relation to Papua New Guinea is set out in column 4 in the tariff classification in Schedule 3 that applies to the goods that rate of duty; or

(b) in any other case—the rate of duty set out in column 3 in that tariff classification, being that column as affected by sub-section (2).

(2) For the purposes of the application of this section, the word “Free” shall be deemed to be substituted for each rate of duty, other than the word “Free”, set out in column 3 in Schedule 3.

Special rates of duty for Forum Island Countries, Declared Preference Countries and Developing Countries

22. (1) This section applies to—

(a) a country that is a Forum Island Country, a Declared Preference Country or a Developing Country, including a country that is both a Forum Island Country and a Declared Preference Country; and

(b) a place that is to be treated as a Declared Preference Country or a Developing Country.

(2) Subject to this Act, the duty in respect of goods that are the produce or manufacture of a country or place to which this section applies shall be ascertained by reference to—

(a) in a case where a rate of duty that applies in relation to the country or place, and only one such rate, is set out in column 4 in the tariff classification in Schedule 3 that applies to the goods—that rate of duty;

(b) in a case where 2 or more rates of duty that apply in relation to the country or place are set out in that column in that tariff classification—whichever of those rates of duty would be the rate under which no duty, or the least amount of duty, would be payable in respect of the goods; and

(c) in any other case—the rate of duty set out in column 3 in that tariff classification.

Special rates of duty for Canada

23. Subject to this Act, the duty in respect of goods that are the produce or manufacture of Canada shall be ascertained by reference to—

(a) in a case where a rate of duty that applies in relation to Canada is set out in column 4 in the tariff classification in Schedule 3 that applies to the goods—that rate of duty; or

(b) in any other case—the rate of duty set out in column 3 in that tariff classification.

Rates in respect of separate parts of goods

24. (1) Subject to this Act, where the tariff classification in Schedule 3 that applies to goods contains 2 or more phrases describing goods forming different parts, components or ingredients of the first-mentioned goods, being phrases each of which begins with the words “In respect of, the duty in respect of the first-mentioned goods is the sum of the amounts of the duty, as ascertained in accordance with sub-section (3), in respect of each of the goods to which the phrases respectively relate.

(2) Where the words “In respect of remainder” appear in a tariff classification that applies to goods, those words constitute a phrase for the purposes of this section and the word “remainder” appearing in that phrase shall be taken to be a description of goods which are part of the first-mentioned goods and to which no other phrase contained in that tariff classification relates.

(3) The duty in respect of goods to which a phrase referred to in sub-section (1) relates shall be ascertained in accordance with sections 19 to 23 (inclusive) as if—

(a) the tariff classification in Schedule 3 that applies to the goods were the tariff classification in Schedule 3 that applies to the goods of which they form a part, component or ingredient; and

(b) the rate of duty, or rates of duty, specified in column 3 or column 4 in that tariff classification in relation to the goods to which that phrase relates were the only rate or rates set out in that tariff classification.

Substitutes and imitations

25. (1) The Minister may, by notice published in the Gazette—

(a) declare that he is of opinion that goods of a kind specified in the notice—

(i) are a substitute for goods of another kind specified in the notice;

(ii) are intended to be or can be used as a substitute for goods of another kind specified in the notice;

(iii) can be used for any purpose for which goods of another kind specified in the notice can be used; or

(iv) are an imitation of goods of another kind specified in the notice; and

(b) direct that the duty in respect of goods of that first-mentioned kind is the duty that would be applicable in respect of them if they were goods of that other kind.

(2) A direction referred to in sub-section (1) has effect, or shall be deemed to have had effect, from and including such date (which, except in the case of a direction that may have the effect of increasing the duty payable in respect of goods, may be a date earlier than the publication in the Gazette of the notice containing the direction) as is specified in the notice.

(3) The Minister may, by notice published in the Gazette, revoke a direction referred to in sub-section (1).

(4) A revocation under sub-section (3) has effect from and including such date (which, except in the case of a revocation that may have the effect of increasing the duty payable in respect of goods, may be a date earlier than the publication in the Gazette of the notice containing the revocation) as is specified in the notice.

(5) The provisions of sections 48 (other than paragraphs (1) (a) and (b) and sub-section (2)), 49, 49a and 50 of the Acts Interpretation Act 1901 apply in relation to directions given under this section as if—

(a) references in those provisions to regulations were references to directions; and

(b) references in those provisions to the repeal of a regulation were references to the revocation of a direction.

Goods consisting of separate articles

26. (1) Where goods, or goods included in a class of goods, consist of, or are capable of being separated into, separate articles, whether or not the articles are specifically referred to in Schedule 3, the Minister may direct—

(a) that the duty in respect of the goods, or goods included in that class of goods, shall be such duty as would be payable if each of the articles comprising the goods were an article of the same kind as such one of the articles as the Minister specifies in the direction as being the article that, in his opinion, gives to the goods, or to goods included in that class of goods, their essential character; or

(b) that the duty in respect of the goods, or goods included in that class of goods, shall be such duty as would be payable if each article comprising the goods that is specified in the direction, and the remainder of the goods, had been imported separately.

(2) Where the Minister gives a direction under sub-section (1), by virtue of paragraph (1) (b), he may direct that an article of one kind comprised in goods shall be treated as if it were an article of the same kind as the goods or as another article comprised in the goods.

(3) A direction under sub-section (1) in respect of a class of goods shall be given by instrument published in the Gazette.

(4) A direction referred to in sub-section (3) has effect, or shall be deemed to have had effect, from and including such date (which, except in the case of a direction that may have the effect of increasing the duty payable in respect of goods, may be a date earlier than the publication in the Gazette of the instrument containing the direction) as is specified in the instrument.

(5) The Minister may, by instrument published in the Gazette, revoke a direction referred to in sub-section (3).

(6) A revocation under sub-section (3) has effect from and including such date (which, except in the case of a revocation that may have the effect of

increasing the duty payable in respect of goods, may be a date earlier than the publication in the Gazette of the instrument containing the revocation) as is specified in the instrument.

(7) The provisions of sections 48 (other than paragraphs (1) (a) and (b) and sub-section (2)), 49, 49a and 50 of the Acts Interpretation Act 1901 apply in relation to directions given under this section as if—

(a) references in those provisions to regulations were references to directions; and

(b) references in those provisions to the repeal of a regulation were references to the revocation of a direction.

PART III—CONCESSIONAL RATES OF DUTY

Special concessional rates of duty

27. (1) Subject to section 28, where an item in Part I of Schedule 4 applies to goods and the amount of duty applicable to the goods under that item is less than the amount of the duty ascertained in respect of the goods in accordance with Part II of this Act that, but for this section, would be payable in respect of the goods, then, subject to this section, the duty payable under Part II of this Act in respect of the goods is, in lieu of the amount that but for this section would be so payable, the amount of duty applicable to the goods under the item in Part I of Schedule 4 that applies to the goods or, if no duty is applicable to the goods under that item, no duty is payable in respect of the goods under Part II of this Act.

(2) If goods fall within 2 or more items in Part I of Schedule 4, the item in that Part that applies to the goods is the item under which no duty, or the least amount of duty, would be payable in respect of the goods or, if there are 2 or more such items, such one of the last-mentioned items as the Comptroller directs.

(3) For the purposes of sub-section (1), the amount of duty applicable to goods under an item in Part I of Schedule 4 is an amount of duty ascertained by reference to—

(a) except where paragraph (b), (c), (d), (e) or (f) applies—the rate of duty set out in column 3 of that Part in that item, being, in the case of goods that are the produce or manufacture of New Zealand or Papua New Guinea, that column as affected by sub-section (4);

(b) where the goods are the produce or manufacture of New Zealand and a rate of duty that applies in relation to New Zealand is set out in column 4 of that Part in that item—that rate of duty that applies in relation to New Zealand;

(c) where the goods are the produce or manufacture of Papua New Guinea and a rate of duty that applies in relation to Papua New Guinea is set out in column 4 of that Part in that item—that rate of duty that applies in relation to Papua New Guinea;

(d) where the goods are the produce or manufacture of a country that is a Forum Island Country or of a country that is, or of a place that is to be treated as, a Declared Preference Country or a Developing Country and a rate of duty that applies in relation to the country or place, and only one such rate, is set out in column 4 of that Part in that item—that rate of duty that applies in relation to that country or place;

(e) where the goods are the produce or manufacture of a country or place referred to in paragraph (d) and 2 or more rates of duty that apply in relation to the country or place are set out in column 4 of that Part in that item—whichever of those rates of duty would be the rate under which no duty, or the least amount of duty, would be payable in respect of the goods; or

(f) where the goods are the produce or manufacture of Canada and a rate of duty that applies in relation to Canada is set out in column 4 of that Part in that item—that rate of duty that applies in relation to Canada.

(4) For the purposes of the application of this section in relation to New Zealand or Papua New Guinea, the word “Free”—

(a) shall be deemed to be substituted for each rate of duty, other than the word “Free”, set out in column 3 of Part I of Schedule 4; and

(b) shall be deemed to be set out in that column in every item in which no rate of duty is set out in that column.

Application of sub-section 27 (1)

28. (1) Sub-section 27 (1) does not apply in respect of goods that are intended for the use of a person to whom item 5 or item 6 in Part I of Schedule 4 applies where any other goods of the same kind, or of a similar kind, that have been imported into Australia were, at the time when they were entered for home consumption, intended for the use of the person and the Minister, by instrument in writing, declares that, in his opinion, the reasonable requirements of the person have adequately been met by the other goods.

(2) Sub-section 27 (1) does not apply in respect of goods for the use of a person to whom item 5 or item 6 in Part I of Schedule 4 applies unless—

(a) the person for whose use the goods are intended agrees that, if the goods are sold or otherwise disposed of in Australia or in an external Territory within 2 years after the date of entry of the goods for home consumption, he will pay to the Commonwealth an amount equal to so much (if any) as the Minister determines of the duty that, but for that item, would have been payable in respect of the goods; and

(b) where the person so entering into an agreement has previously entered into a similar agreement in relation to any other goods and has committed a breach of that last-mentioned agreement—the person complies with such conditions (if any) as the Minister, by instrument in writing, determines (which may include a condition that the person

give security, satisfactory to the Minister, that he will comply with the first-mentioned agreement).

(3) Where the Minister is of opinion that a country does not grant in relation to Australia exemptions from duties of customs corresponding with the exemptions having effect in relation to that country by virtue of item 5 or item 6 in Part I of Schedule 4, he may, by instrument in writing published in the Gazette, direct that that item shall not apply in relation to that country except to such extent (if any) as is specified in the instrument.

Substituted concessional rates of duty

29. (1) Subject to sub-section (5), where an item in Part II of Schedule 4 applies to goods, the duty payable under Part II of this Act in respect of the goods is, in lieu of the amount that but for this section would be so payable, the amount of duty applicable to the goods under the item in Part II of Schedule 4 that applies to the goods or, if no duty is applicable to the goods under that item, no duty is payable in respect of the goods under Part II of this Act.

(2) An item in Part II of Schedule 4 applies to goods if—

(a) the tariff classification in Schedule 3 that applies to the goods is specified in column 2 of that item; and

(b) the goods are included in the class of goods specified in column 3 of that item.

(3) For the purposes of sub-section (1), the amount of duty applicable to goods under an item in Part II of Schedule 4 is an amount of duty ascertained by reference to—

(a) except where paragraph (b), (c), (d), (e) or (f) applies—the rate of duty set out in column 4 of that Part in that item, being, in the case of goods that are the produce or manufacture of New Zealand or Papua New Guinea, that column as affected by sub-section (4);

(b) where the goods are the produce or manufacture of New Zealand and a rate of duty that applies in relation to New Zealand is set out in column 5 of that Part in that item—that rate of duty that applies in relation to New Zealand;

(c) where the goods are the produce or manufacture of Papua New Guinea and a rate of duty that applies in relation to Papua New Guinea is set out in column 5 of that Part in that item—that rate of duty that applies in relation to Papua New Guinea;

(d) where the goods are the produce or manufacture of a country that is a Forum Island Country or of a country that is, or of a place that is to be treated as, a Declared Preference Country or a Developing Country and a rate of duty that applies in relation to the country or place, and only one such rate, is set out in column 5 of that Part in that item—that rate of duty that applies in relation to that country or place;

(e) where the goods are the produce or manufacture of a country or place referred to in paragraph (d) and 2 or more rates of duty that apply in relation to the country or place are set out in column 5 of that Part in that item—whichever of those rates of duty would be the rate under which no duty, or the least amount of duty, would be payable in respect of the goods; or

(f) where the goods are the produce or manufacture of Canada and a rate of duty that applies in relation to Canada is set out in column 5 of that Part in that item—that rate of duty that applies in relation to Canada.

(4) For the purposes of the application of this section in relation to New Zealand or Papua New Guinea, the word “Free”—

(a) shall be deemed to be substituted for each rate of duty, other than the word “Free”, set out in column 4 of Part II of Schedule 4; and

(b) shall be deemed to be set out in that column in every item in which no rate of duty is set out in that column.

(5) This section does not apply in relation to goods to which section 27 applies.

PART IV—MISCELLANEOUS

Temporary rates of duty.

30. (1) Where—

(a) a rate of duty set out in column 3 or column 4 of Schedule 3 or in column 4 of Schedule 5 in relation to any goods is referred to in that column as a temporary duty;

(b) the imposition of the duty was specified by the Minister in a notice published in the Gazette in pursuance of sub-section 30b (3) of the Industries Assistance Commission Act 1973 as assistance that had commenced to be provided to an industry; and

(c) the Minister has received a report of the Industries Assistance Commission—

(i) in pursuance of a reference to that Commission that, by virtue of section 30c of the Industries Assistance Commission Act 1973, was required to be made to the Commission forthwith after assistance consisting of or including that duty commenced to be provided to an industry; or

(ii) in pursuance of a request by the Minister under section 30e of that Act in relation to assistance to an industry consisting of or including that duty,

the rate ceases to operate at the expiration of the period of 3 months commencing on the date on which the Minister received the report referred to in paragraph (c).

(2) For the purposes of sub-section (1), a notification by the Minister in the Gazette under sub-section 30f (3) of the Industries Assistance Commission Act 1973 of the fact that he received the report of the Industries Assistance Commission in pursuance of a particular reference or request and of the date upon which he received that report is conclusive evidence of the matters so notified.

(3) The reference in paragraph (1) (b) to the imposition of a duty shall be read as including a reference to—

(a) the tabling in the Parliament of a proposal for a Customs Tariff alteration to impose that duty; and

(b) the publication in the Gazette, in pursuance of section 273ea of the Customs Act 1901, of a notice of intention to propose a Customs Tariff alteration to impose that duty.

(4) In this section, “Minister” means the Minister administering the Industries Assistance Commission Act 1973.

Duty where goods consist of certain containers and certain contents

31. Where—

(a) goods consist of a container and the contents of the container;

(b) those contents would, if they were manufactured or produced in Australia, be subject to duty of Excise under the Excise Tariff Act 1921; and

(c) by virtue of the Rules for the Interpretation of Schedule 3 set out in Schedule 2, the tariff classification in Schedule 3 that applies to the goods is the tariff classification in Schedule 3 that would apply to the container if it were imported separately,

the duty in respect of the goods shall be an amount equal to the sum of the amount of the duty (if any) that would be payable in respect of the container if it were imported separately and the amount of the duty (if any) that would be payable in respect of the contents if they were imported separately.

Repeal

32. (1) The Acts referred to in Schedule 6 are repealed.

(2) Notwithstanding that goods were imported into Australia before the commencing date, duties of Customs are not payable under an Act repealed by this Act in respect of those goods if duties of Customs are imposed on those goods by section 18.

(3) Where—

(a) by reason of section 132 of the Customs Act 1901, the rates of duty in respect of goods on which duty is imposed by section 18 of this Act, being goods entered for home consumption more than once, is the rate in force when the goods were first entered for home consumption; and

(b) the goods were first entered for home consumption before the commencing date,

the duty imposed by section 18 of this Act on the goods is the duty that would have been applicable in respect of them if this Act had not been enacted.

(4) The Acts repealed by sub-section (1) as in force immediately before the commencing date shall be deemed to have been amended in accordance with the Customs Tariff Proposals introduced into the House of Representatives after 18 February 1982 and before 7 May 1982.

SCHEDULE 1 Section 14

CLASSES OF COUNTRIES AND PLACES IN RELATION TO WHICH SPECIAL RATES APPLY

PART I

FORUM ISLAND COUNTRIES

Countries that are Forum Island Countries

PART II

DECLARED PREFERENCE COUNTRIES

DIVISION 1

Countries that are Declared Preference Countries

DIVISION 2

Places treated as Declared Preference Countries

SCHEDULE 1—continued

PART III

DEVELOPING COUNTRIES DIVISION 1

Countries that are Developing Countries

SCHEDULE 1—continued

DIVISION 2

Places Treated as Developing Countries

————————

SCHEDULE 2 Section 17

RULES FOR THE INTERPRETATION OF SCHEDULE 3

1. (1) The titles of Divisions, Chapters and Sub-chapters in Schedule 3 are provided for reference only, and shall not be used for the purpose of interpreting that Schedule.

(2) For the purpose of ascertaining whether goods fall within an item, sub-item, paragraph or sub-paragraph or whether an item, sub-item, paragraph or sub-paragraph applies to goods, regard shall, subject to sub-rules (3), (4) and (5), be had to the terms of items (including sub-items, paragraphs and sub-paragraphs) and of notes to Divisions and Chapters and, except where those terms otherwise require, to rules 2, 3 and 4.

(3) For the purpose of ascertaining whether goods fall within an item or whether an item applies to goods, regard shall not be had to the terms of any sub-item.

(4) For the purpose of ascertaining whether goods fall within a sub-item or whether a sub-item applies to goods, regard shall not be had to the terms of any paragraph.

(5) For the purpose of ascertaining whether goods fall within a paragraph or whether a paragraph applies to goods, regard shall not be had to the terms of any sub-paragraph.

2. (1) A reference in an item (including a reference in a sub-item, paragraph or sub-paragraph) to goods of a particular kind shall be read as including a reference to—

(a) goods that are imported in an incomplete or in an unfinished state but have the essential character of goods of that kind; and

(b) goods that are imported in an unassembled or in a disassembled state but, if assembled, would be goods of that kind or would be goods to which paragraph (a) applies.

(2) A reference in an item (including a reference in a sub-item, paragraph or sub-paragraph) to a material or substance shall be read as including a reference to a mixture or combination of that material or substance with another material or substance or with other materials or substances.

(3) A reference in an item (including a reference in a sub-item, paragraph or sub-paragraph) to goods consisting of a specified material or substance shall be read as a reference to goods consisting wholly or partly of that material or substance.

(4) For the purpose of ascertaining whether an item, sub-item, paragraph or sub-paragraph applies to goods that consist of more than one material or substance, regard shall be had to the principles set out in rule 3.

3. (1) Where, for any reason, goods fall within 2 or more items, 2 or more sub-items of an item, 2 or more paragraphs of a sub-item or 2 or more sub-paragraphs of a paragraph, the item, sub-item, paragraph or sub-paragraph, as the case may be, that applies to the goods shall, subject to sub-rule (3), be ascertained in accordance with the following principles:

(a) If one of the items, sub-items, paragraphs or sub-paragraphs, as the case may be, provides a more specific description of the goods than any other of the items, sub-items, paragraphs or sub-paragraphs, that first-mentioned item, sub-item, paragraph or sub-paragraph, as the case may be, applies to the goods.

SCHEDULE 2—continued

(b) if—

(i) the item, sub-item, paragraph or sub-paragraph that applies to the goods cannot be ascertained in accordance with paragraph (a);

(ii) the goods are—

(A) mixtures;

(B) composite goods consisting of different materials or made up of different components; or

(C) put up in sets; and

(iii) one material or component gives to the goods their essential character, the goods shall be taken to consist of that material or component.

(c) If the item, sub-item, paragraph or sub-paragraph that applies to the goods cannot be ascertained in accordance with paragraph (a) or paragraph (b) the item, sub-item, paragraph or sub-paragraph, as the case may be, that applies to the goods is that item, sub-item, paragraph or sub-paragraph that occurs last in Schedule 3 among those items, sub-items, paragraphs or sub-paragraphs, which equally merit consideration when determining the item, sub-item, paragraph or sub-paragraph, as the case may be, that applies to the goods.

(2) For the purpose of sub-paragraph (1) (b) (ii), goods put up in sets shall be taken to mean goods which—

(a) consist of products or articles having independent or complementary uses, grouped together for meeting a specific need or carrying out a specific activity; and

(b) are put up in retail packings.

(3) Where—

(a) for any reason, goods fall within 2 or more sub-items of an item, 2 or more paragraphs of a sub-item or 2 or more sub-paragraphs of a paragraph; and

(b) there is included in the sub-items, paragraphs or sub-paragraphs within which the goods fall any by-law sub-item, by-law paragraph or by-law sub-paragraph,

the sub-item, paragraph or sub-paragraph, as the case may be, that applies to the goods is that under which no duty, or the least amount of duty, is payable in respect of the goods or, if there are 2 or more sub-items, paragraphs or sub-paragraphs under which no duty, or the least amount of duty, as the case may be, is payable, that one of those sub-items, paragraphs or sub-paragraphs that occurs first in Schedule 3.

(4) For the purposes of sub-rule (3) a sub-item shall be deemed to be a by-law sub-item, a paragraph shall be deemed to be a by-law paragraph, and a sub-paragraph shall be deemed to be a by-law sub-paragraph, if it is expressed to apply to goods, or to a class or kind of goods, as prescribed by by-law.

4. Where goods do not fall within any item, the item that applies to the goods is the item that applies to the goods that are most akin to those goods.

————————

SCHEDULE 3 Sections 19 to 23

GENERAL AND SPECIAL RATES OF DUTY

DIVISION 1

LIVE ANIMALS; ANIMAL PRODUCTS

CHAPTER 1

LIVE ANIMALS

CHAPTER NOTES

1. A reference in this Chapter to live animals includes all live animals other than:

(a) fish, crustaceans and molluscs falling within 03.01 or 03.03;

(b) microbial cultures and other goods falling within 30.02; or

(c) animals falling within 97.08.

2. A reference in this Chapter to a particular genus or species of animals shall be read as including a reference to the young of that genus or species.

CHAPTER 2

MEAT AND EDIBLE MEAT OFFALS

CHAPTER NOTE

The following goods do not fall within this Chapter:

(a) goods of a kind described in 02.01, 02.02, 02.03, 02.04 or 02.06 that are unfit or unsuitable for human consumption;

(b) guts, bladders or stomachs of animals falling within 05.04;

(c) animal blood falling within 05.15;

(d) animal fat (other than goods falling within 02.05) falling within Chapter 15.

SCHEDULE 3—continued

CHAPTER 3

FISH, CRUSTACEANS AND MOLLUSCS

CHAPTER NOTE

The following goods do not fall within this Chapter:

(a) marine mammals falling within 01.06, and meat thereof falling within 02.04 or 02.06;

(b) dead fish (including livers and roes thereof) and dead crustaceans and molluscs, being goods falling within Chapter 5, that are unfit or unsuitable for human consumption by reason of either their species or their condition;

(c) caviar and caviar substitutes falling within 16.04.

SCHEDULE 3—continued

CHAPTER 4

DAIRY PRODUCE; BIRDS’ EGGS; NATURAL HONEY; EDIBLE PRODUCTS OF ANIMAL ORIGIN, NOT ELSEWHERE SPECIFIED OR INCLUDED

CHAPTER NOTES

1. In this Schedule, “milk” means full cream milk, skimmed milk, butter milk, whey, curdled milk, kephir, yoghurt and other fermented or acidified milk.

2. For the purposes of 04.02—

(a) milk or cream put up in hermetically sealed cans shall be regarded as preserved; and

(b) milk or cream not put up in hermetically sealed cans shall not be regarded as preserved by reason only of being pasteurised, sterilised or peptonised.

CHAPTER 5

PRODUCTS OF ANIMAL ORIGIN, NOT ELSEWHERE SPECIFIED OR INCLUDED CHAPTER NOTES

1. The following goods do not fall within this Chapter:

(a) edible products (other than guts, bladders or stomachs of animals, whether whole or in pieces, or animal blood, whether liquid or dried);

(b) hides and skins including furskins (other than goods falling within 05.05 or 05.07 and parings and similar waste of raw hides or skins falling within 05.15);

(c) animal textile materials (other than horsehair and horsehair waste) falling within Division 11;

(d) prepared knots or tufts for broom or brush making falling within 96.01.

SCHEDULE 3—continued

2. For the purposes of 05.01, the sorting of hair by length that does not result in the root ends and tip ends respectively being arranged together shall be deemed not to constitute working.

3. For the purposes of this Schedule, elephant, mammoth, mastodon, walrus, narwhal and wild boar tusks, rhinoceros horns and the teeth of all animals shall be deemed to be ivory.

4. In this Schedule, “horsehair” means hair of the manes or tails of equine or bovine animals.

SCHEDULE 3—continued

DIVISION 2

VEGETABLE PRODUCTS

CHAPTER 6

LIVE TREES AND OTHER PLANTS; BULBS, ROOTS AND THE LIKE; CUT FLOWERS AND ORNAMENTAL FOLIAGE

CHAPTER NOTES

1. (1) Goods do not fall within this Chapter unless they are goods (including live trees and seedling vegetables) of a kind commonly supplied by nursery gardeners or florists for planting or for ornamental use.

(2) Potatoes, onions, shallots, garlic and other goods falling within Chapter 7 do not fall within this Chapter.

2. A reference in 06.03 or 06.04 to goods of any kind shall be read as including a reference to bouquets, floral baskets, wreaths and similar articles wholly or partly made of goods of that kind.

SCHEDULE 3—continued

CHAPTER 7

EDIBLE VEGETABLES AND CERTAIN ROOTS AND TUBERS

CHAPTER NOTES

1. (1) Subject to note 2, in 07.01, 07.02 and 07.03, “vegetables” includes edible mushrooms, truffles, olives, capers, tomatoes, potatoes, salad beetroot, cucumbers, gherkins, marrows, pumpkins, aubergines, sweet peppers, fennel, parsley, chervil, tarragon, cress, sweet marjoram (Majorana hortensis or Origanum majorana), horse-radish and garlic.

(2) Goods falling within 07.04 includes all dried, dehydrated or evaporated vegetables of the kinds falling within 07.01, 07.02 and 07.03, other than dried leguminous vegetables, shelled, falling within 07.05.

2. The following goods do not fall within this Chapter:

(a) ground sweet peppers falling within 09.04;

(b) flours of the dried leguminous vegetables of 07.05 falling within 11.04;

(c) flour, meal and flakes of potato falling within 11.05.

SCHEDULE 3—continued

CHAPTER 8

EDIBLE FRUITS AND NUTS; PEEL OF MELONS OR CITRUS FRUITS

CHAPTER NOTES

1. Inedible fruits and inedible nuts do not fall within this Chapter.

2. For the purposes of this Chapter, goods shall not be deemed to have ceased to be fresh by reason only that they have been chilled.

SCHEDULE 3—continued

CHAPTER 9

COFFEE, TEA, MATE AND SPICES

CHAPTER NOTES

1. (1) Subject to sub-note (2), where a mixture of goods contains only goods that fall within an item or items in items 09.04 to 09.10 (inclusive)—

(a) if the mixture consists of goods falling within the same item—the mixture falls within that item; or

(b) in any other case—the mixture falls within 09.10.

SCHEDULE 3—continued

(2) For the purposes of this note, the presence, in a mixture of goods, of goods falling within an item other than one of the items referred to in sub-note (1) shall be disregarded if the removal of the goods from the mixture would leave the essential character of the mixture unchanged.

2. The following goods do not fall within this Chapter:

(a) unground sweet peppers falling within Chapter 7;

(b) Cubeb pepper (Piper cubeba) and other goods. falling within 12.07;

(c) mixtures containing goods falling within an item referred to in note 1 and other goods—

(i) not falling within such an item; and

(ii) the removal of which from the mixture would change the essential character of the mixture;

(d) mixed condiments and mixed seasonings falling within 21.04.

CHAPTER 10

CEREALS

CHAPTER NOTES

1. Grain, other than rice, that has been hulled or otherwise worked does not fall within this Chapter.

2. In this Chapter, “rice” means:

(a) unworked rice; or

(b) rice that has been husked, milled, polished, glazed, parboiled, converted or broken.

SCHEDULE 3—continued

CHAPTER 11

PRODUCTS OF THE MILLING INDUSTRY; MALT AND STARCHES; GLUTEN; INULIN

CHAPTER NOTES

1. The following goods do not fall within this Chapter:

(a) roasted malt put up as a coffee substitute falling within 09.01 or 21.02;

(b) flours and meal prepared for use as infants’ food or for dietetic or culinary purposes falling within 19.02;

(c) corn flakes and other goods falling within 19.05;

(d) pharmaceutical goods falling within Chapter 30;

(e) starches having the character of perfumery, cosmetics or toilet preparations falling within 33.06.

2. (1) Goods produced from the milling of a cereal of a kind specified in the table in this sub-note do not fall within this Chapter unless—

(a) the starch content of the dry product, determined by the modified Ewers polarimetric method, exceeds 45% by weight of dry product; and

(b) the ash content of the dry product does not exceed such percentage by weight of the dry product (excluding the weight of any added minerals) as is specified in that table in relation to the cereal.

(2) Flour made from a cereal of a kind specified in the table in sub-note (1) does not fall within 11.01 unless—

(a) in the case of flour made from maize or sorghum—not less than 90% by weight of the flour is capable of passing through a silk gauze, or man-made textile sieve, having an aperture size of 500 μm; and

(b) in any other case—not less than 80% by weight of the flour is capable of passing through a silk gauze, or man-made textile sieve, having an aperture size of 315 μm.

SCHEDULE 3—continued

(3) Goods excluded from 11.01 by the provisions of sub-note (2) fall within 11.02.

(4) Goods excluded from this Chapter by the provisions of sub-note (1) fall within 23.02.

CHAPTER 12

OIL SEEDS AND OLEAGINOUS FRUIT; MISCELLANEOUS GRAINS, SEEDS AND FRUIT; INDUSTRIAL AND MEDICINAL PLANTS; STRAW AND FODDER

CHAPTER NOTES

1. In 12.01, “oil seeds and oleaginous fruit” includes ground-nuts, soya beans, mustard seeds, oil poppy seeds, poppy seeds and copra, but does not include coconuts or other goods falling within 08.01 or olives falling within Chapter 7 or 20.

2. (1) In 12.03, “seeds” includes beet seeds, grass and other herbage seeds, seeds of ornamental flowers, vegetable seeds, seeds of forest trees, seeds of fruit trees, seeds of vetches (other than those of the species Vicia faba) and seeds of lupines, not being goods referred to in sub-note (2).

(2) The following goods do not fall within 12.03:

(a) leguminous vegetables falling within Chapter 7;

(b) spices and other goods falling within Chapter 9;

(c) cereals falling within Chapter 10;

(d) goods falling within 12.01 or 12.07.

3. (1) In 12.07, “plants” includes basil, borage, hyssop, any species of mint, rosemary, rue, sage, wormwood and any part of those plants, not being goods referred to in sub-note (2).

SCHEDULE 3—continued

(2) The following goods do not fall within 12.07:

(a) oil seeds and oleaginous fruit falling within 12.01;

(b) medicaments falling within Chapter 30;

(c) perfumery or toilet preparations falling within Chapter 33;

(d) disinfectants, insecticides, fungicides, herbicides or similar goods falling within 38.11.

SCHEDULE 3—continued

CHAPTER 13

LACS; GUMS, RESINS AND OTHER VEGETABLE SAPS AND EXTRACTS

CHAPTER NOTES

1. Subject to note 2, in 13.03, “vegetable saps and extracts” includes liquorice extract, extract of pyrethrum, extract of hops, extract of aloes and opium.

2. The following goods do not fall within 13.03:

(a) liquorice extract that contains more than 10% by weight of sucrose or is put up as confectionery falling within 17.04;

(b) malt extract falling within 19.02;

(c) extracts of coffee, tea or mate falling within 21.02;

(d) alcoholic saps or extracts constituting beverages, and compound alcoholic preparations (known as concentrated extracts) for the manufacture of beverages, being saps, extracts or preparations falling within Chapter 22;

(e) camphor, glycyrrhizin and other goods falling within 29.13 or 29.41 ;

(f) medicaments falling within 30.03 or blood-grouping reagents falling within 30.05;

(g) tanning or dyeing extracts falling within 32.01 or 32.04;

(h) essential oils, concretes, absolutes and resinoids falling within 33.01 or aqueous distillates and aqueous solutions of essential oils falling within 33.06;

(j) rubber, balata, gutta-percha or similar natural gums falling within 40.01.

CHAPTER 14

VEGETABLE PLAITING MATERIALS; VEGETABLE PRODUCTS NOT ELSEWHERE SPECIFIED OR INCLUDED

CHAPTER NOTES

1. The following goods do not fall within this Chapter:

(a) vegetable materials and fibres of vegetable materials of a kind used primarily in the manufacture of textiles, however prepared, falling within Division 11;

(b) other vegetable materials that have undergone treatment so as to render them suitable only for use as textile materials falling within Division 11;

(c) chipwood falling within 44.09;

(d) wood wool falling within 44.12;

(e) prepared knots or tufts for broom or brush making falling within 96.01.

2. In 14.01, “vegetable materials of a kind used primarily for plaiting” includes split osier, reeds, bamboos and the like, rattan cores and drawn or split rattans.

SCHEDULE 3—continued

DIVISION 3

ANIMAL AND VEGETABLE FATS AND OILS AND THEIR CLEAVAGE PRODUCTS; PREPARED EDIBLE FATS; ANIMAL AND VEGETABLE WAXES

CHAPTER 15

ANIMAL AND VEGETABLE FATS AND OILS AND THEIR CLEAVAGE PRODUCTS; PREPARED EDIBLE FATS; ANIMAL AND VEGETABLE WAXES

CHAPTER NOTES

1. The following goods do not fall within this Chapter:

(a) pig fat or poultry fat falling within 02.05;

(b) cocoa butter (fat or oil) falling within 18.04;

(c) greaves falling within 23.01 or residues falling within 23.04;

(d) fatty acids in an isolated state, prepared waxes, medicaments, paints, varnishes, soap, perfumery, cosmetics and toilet preparations, sulphonated oils and other goods falling within Division 6;

(e) factice derived from oils and falling within 40.02.

2. In 15.17, “residues” includes soapstocks, oil foots and dregs, stearin residues, wool grease residues and glycerol residues.

3. Where—

(a) a mixture of oils falls within 15.07, being oil to which 15.07.1 does not apply; or

(b) a mixture of oils falls within 15.08,

the mixture shall, for the purposes of a sub-item in 15.07 or 15.08, as the case may be, be deemed to consist wholly of—

(i) if one only of the oils is an oil of a kind referred to in a sub-item in 15.07 or 15.08, as the case may be—that oil; or

(ii) if 2 or more of the oils are oils of that kind and there is a greater quantity, by weight, of one of those oils than of any other—the oil of which there is a greater quantity.

SCHEDULE 3—continued