S.I. No. 185/1938 - Agreement With United Kingdom (Prescribed Proportion of Value) Regulations, 1938.

STATUTORY RULES AND ORDERS. 1938. No. 185.

AGREEMENT WITH UNITED KINGDOM (PRESCRIBED PROPORTION OF VALUE) REGULATIONS, 1938.

WHEREAS it is enacted by sub-section (1) of Section 16 of the Finance (Agreement with United Kingdom) Act, 1938 (No. 12 of 1938), that it shall be lawful for the Minister for Industry and Commerce to make regulations prescribing the proportion of the value of an article which must be the result of labour within a particular country in order that such article may be treated for the purpose of the said Act as an article manufactured in that country:

AND WHEREAS it is enacted by sub-section (2) of the said Section that different regulations may be made under sub-section (1) of the said Section in respect of different classes or descriptions of article:

NOW, the Minister for Industry and Commerce, in exercise of the powers conferred on him by Section 16 of the Finance (Agreement with United Kingdom) Act, 1938 (No. 12 of 1938), and of every and any other power him in this behalf enabling, hereby makes the following regulations:

1. These Regulations may be cited as the Agreement with United Kingdom (Prescribed Proportion of Value) Regulations, 1938.

2. The proportion of the value of an article which must be the result of labour within a particular country in order that such article may be treated for the purpose of the Finance (Agreement with United Kingdom) Act, 1938 (No. 12 of 1938), as an article manufactured in that country shall be—

(a) in the case of a motor car, seventy-five per cent., and

(b) in any other case, twenty-five per cent.

3. For the purposes of these Regulations—

(a) where a number of separate articles are included in one parcel or shipment, each and every article shall be considered separately for the purpose of calculating the proportion of its value which is the result of labour within a particular country,

(b) the value of an article shall be its cost to the manufacturer at the factory or works and shall include the value of containers and other forms of interior packing ordinarily sold with such article when it is sold retail, but shall not include the manufacturer's or exporter's profit or the cost of exterior packing, carriage to port and other charges incidental to the export of such article subsequent to its manufacture,

(c) in calculating the proportion of the value if an article which is the result of labour within a particular country—

(i) the following may be included under the head of labour, that is to say, the cost to the manufacturer of any materials entering into the composition of such article (including containers and other forms of interior packing ordinarily sold with such article when it is sold retail) the origin of which is entirely attributable to such country, the cost of manufacture including wages and factory overhead charges, and the cost of the labour of packing for retail sale,

(ii) the following may not be included in the proportion of the value of such article which is the result of labour within such country, that is to say, any materials entering into the composition of such article (including containers and other forms of interior packing ordinarily sold with such article when it is sold retail) the origin of which is not entirely attributable to such country, manufacturer's profit or the profit or remuneration of any trader, agent, broker or other person dealing in such article in its finished condition, the expenses of placing such article in outside packages for export and the cost of such packages, transportation charges, insurance and any other charges for services after such article leaves the place of manufacture.

GIVEN under the Official Seal of the Minister for

Industry and Commerce this 17th day of May,

1938.

JOHN LEYDON,

Secretary,

Department of Industry and Commerce