S.I. No. 200/1940 - Control of Imports (Quota No. 39) Order, 1940.

STATUTORY RULES AND ORDERS. 1940. No. 200.

CONTROL OF IMPORTS (QUOTA No. 39) ORDER, 1940.

WHEREAS it is enacted by section 3 of the Control of Imports Act, 1934 (No. 12 of 1934), as adapted in consequence of the enactment of the Constitution, that the Government may at any time by order (in that Act called a quota order) prohibit, subject to the provisions of the said Act, the importation into Ireland on or after a specified day (in that Act referred to as the commencement of such order) not prior to the date of such order of any particular description or descriptions of goods, and that the Government shall, in and by every quota order, appoint the day (not more than six weeks after the commencement of such order) on which the first quota period under such quota order shall commence :

AND WHEREAS the said Control of Imports Act, 1934 , was amended in various respects by the Control of Imports (Amendment) Act, 1937 (No. 8 of 1937) :

NOW, the Government, in exercise of the powers conferred on them by the Control of Imports Acts, 1934 and 1937, 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 Control of Imports (Quota No. 39) Order, 1940.

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

3. Subject to the exceptions and qualifications mentioned in the next following paragraph of this Order, the importation on or after the 26th day of June, 1940, of any of the articles mentioned in Part I of the Schedule to this Order is hereby prohibited, but such prohibition shall not extend or apply to any of the articles mentioned in Part II of the said Schedule.

4. The prohibition effected by the next preceding paragraph of this Order shall not extend or apply to—

(a) articles which are imported under and in accordance with a licence in that behalf issued under the Control of Imports Acts, 1934 and 1937, or

(b) articles to which this Order is precluded from applying by section 4 of the Control of Imports (Amendment) Act, 1937 , or

(c) articles which are shown, to the satisfaction of the Revenue Commissioners, to be designed, constructed and intended solely for use for scientific, medical or surgical purposes, or

(d) articles which are shown, to the satisfaction of the Revenue Commissioners, to be imported—

(i) solely for use as samples or models, or

(ii) for use exclusively in a stage play or other dramatic or musical representation or performance, or

(iii) for further manufacture and subsequent exportation, or

(iv) solely for the purpose of any competition, exhibition, show or demonstration or any similar purpose and are not intended to be sold or offered for sale in Ireland, or

(v) temporarily only, or

(vi) by passengers as part of their personal effects in quantities which are reasonable having regard to the circumstances, or

(vii) as a gift from a person outside Ireland to a person resident in Ireland, or

(viii) for such purpose and in such circumstances that the importation thereof without payment of any duty of customs could lawfully be permitted by virtue of section 17, or of paragraph (a), paragraph (b), or paragraph (h) of section 18, or of section 21 of the Finance Act, 1936 (No. 31 of 1936).

5. The 7th day of August, 1940, is hereby appointed to be the day on which the first quota period under this Order shall commence.

SCHEDULE.

PART I.

Articles the Importation of which is Prohibited by this Order.

Woven piece goods containing more than sixty per cent. by weight of cotton and not exceeding ten ounces in weight per square yard which either—

(a) are, in the opinion of the Revenue Commissioners, of a type ordinarily used in the manufacture of bed ticks or of bed mattresses, or

(b) are not less than forty-five inches in width and are, in the opinion of the Revenue Commissioners, of a type ordinarily used in the manufacture of bed sheets, or

(c) (i) are not less than four ounces in weight per square yard, and

(ii) are not terry, and

(iii) are without pattern in colour, and

(iv) are, in the opinion of the Revenue Commissioners, of a type ordinarily used in the manufacture of shirts or pyjamas, or

(d) (i) are not less than four ounces in weight per square yard, and

(ii) are not terry, and

(iii) are, in the opinion of the Revenue Commissioners, of a type ordinarily used in the manufacture of dungarees or similar protective garments.

PART II.

Articles except from the Prohibition of Importation effected by this Order.

1. Woven piece goods the importation of which is prohibited by the Control of Imports (Quota No. 13) Order, 1935 (Statutory Rules and Orders, No. 59 of 1935), as amended by subsequent orders made, whether before or after the date of this Order, under the Control of Imports Acts, 1934 and 1937.

2. Woven piece goods which are without pattern in colour and are, in the opinion of the Revenue Commissioners, of a type ordinarily used in the manufacture of shirts or pyjamas, and either—

(a) contain such quantity of wool as, in the opinion aforesaid, forms a substantial proportion of the whole article, or

(b) contain not less than thirty per cent. by weight of silk or artificial silk, or of both silk and artificial silk.

3. Woven piece goods which are coated or covered with rubber or rubber solution on one or both sides and, in the opinion of the Revenue Commissioners, are of a type ordinarily used in the manufacture of bed sheets.

Given under the Official Seal of the Government, this 25th day of June, 1940.

ÉAMON DE VALÉRA,

Taoiseach.