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S.I. No. 183/1939 - Emergency Imposition of Duties (No. 191) Order, 1939.

STATUTORY RULES AND ORDERS. 1939. No. 183.

EMERGENCY IMPOSITION OF DUTIES (No. 191) ORDER, 1939.

WHEREAS it is enacted by section 1 of the Emergency Imposition of Duties Act, 1932 (No. 16 of 1932), as adapted in consequence of the enactment of the Constitution, that the Government may, if and whenever they think proper, by order impose, whether with or without qualifications, limitations, drawbacks, allowances, exemptions, or preferential rates, a customs duty of such amount as they think proper on any particular description or descriptions of goods imported into Ireland on or after a specified day and, where such goods are chargeable with any other customs duty, so impose such first-mentioned duty either in addition to or in substitution for such other duty :

NOW, the Government, in exercise of the powers conferred on them by section 1 of the Emergency Imposition of Duties Act, 1932 (No. 16 of 1932), as adapted in consequence of the enactment of the Constitution, and of every and any other power them in this behalf enabling, do hereby order as follows :—

1. This Order may be cited as the Emergency Imposition of Duties (No. 191) Order, 1939.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. A duty of customs at the rate of an amount equal to seventy-five per cent. of the value of the article shall be charged, levied, and paid on every of the following articles imported on or after the 12th day of July, 1939, that is to say, soaps and soap powders and all descriptions of soap substitutes, but excluding sodium carbonate, sodium silicate, caustic soda, potassium carbonate, caustic potash, ammonia, and borax when those substances are imported otherwise than as a part or ingredient of any article or preparation.

4. The duty imposed by this Order is in lieu of the duty imposed by section 4 of the Finance Act, 1933 (No. 15 of 1933), and mentioned at reference number 13 in the First Schedule to that Act, and accordingly the latter duty shall not be charged or levied, whether at the rate mentioned at the said reference number 13 or at the rate mentioned at reference number 21 in the First Schedule to the Finance (Agreement with United Kingdom) Act, 1938 (No. 12 of 1938), on any article imported on or after the 12th day of July, 1939, and while this Order remains in force.

5. The duty imposed by this Order is in addition to any duty chargeable in respect of spirits or saccharin contained in or used in the manufacture or preparation of the article, but is in lieu of any duty chargeable in respect of any other ingredient.

6. The duty imposed by section 10 of the Finance Act, 1935 (No. 28 of 1935), and mentioned at reference number 27 in the First Schedule to that Act shall not be charged or levied on any article on which the duty imposed by this Order is chargeable.

7. The following statutory provisions shall apply and have effect in the manner hereinafter mentioned, that is to say :—

(a) the provisions of section 6 of the Finance (Agreement with United Kingdom) Act, 1938 (No. 12 of 1938), shall apply and have effect in relation to the duty imposed by this Order as if the articles chargeable with that duty were mentioned in the second column of the First Schedule to the said Act, and this Order were mentioned in the third column of the said Schedule opposite the mention of the said articles in the said second column, and the rate of an amount equal to fifty per cent. of the value of the article were specified in the fourth column of the said Schedule opposite the mention of the said articles in the said second column;

(b) the provisions of section 16 of the said Act and the regulations made under that section shall apply and have effect for the purpose of the said section 6 as applied by this paragraph.

8. Whenever the Minister for Finance, after consultation with the Minister for Industry and Commerce, so thinks proper, the Revenue Commissioners may by licence authorise any particular person, subject to compliance with such conditions as they may think fit to impose, to import without payment of the duty imposed by this Order any articles chargeable with such duty either, as the Revenue Commissioners shall think proper, without limit as to time or quantity or either of them or within a specified time or in a specified quantity, but so that no such licence shall be exempt from the provisions of section 15 of the Finance (Agreement with United Kingdom) Act, 1938 (No. 12 of 1938).

9. The duty imposed by this Order is hereby placed under the care and management of the Revenue Commissioners.

Dublin :

This 11th day of July, 1939.