S.I. No. 137/1969 - Merchandise Marks (Restriction on Importation of Ceramic Ware) Order, 1969.

S.I. No. 137 of 1969.

MERCHANDISE MARKS (RESTRICTION ON IMPORTATION OF CERAMIC WARE) ORDER, 1969.

WHEREAS the Merchandise Marks Commission in pursuance of section 7 of the Merchandise Marks Act, 1931 (No. 48 of 1931), duly reported to the Government in relation to the making of a restriction on importation order in relation to imported goods of the description specified in the Schedule to this Order:

AND WHEREAS the provisions of section 14 of the said Act were duly complied with in relation to the said report:

AND WHEREAS after consideration of the said report, the Government are of opinion that it is desirable that imported goods of the description specified in the Schedule to this Order should bear an indication of origin at the time of importation:

NOW THEREFORE the Government, in exercise of the powers conferred on them by section 8 of the said Merchandise Marks Act, 1931 , hereby order as follows:

1. This Order may be cited as the Merchandise Marks (Restriction on Importation of Ceramic Ware) Order, 1969.

2. This Order shall, is so far as it relates to tableware, come into operation on the 15th day of January, 1970, and, in so far as it relates to other goods, on the 15th day of July, 1970.

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

4. Subject to paragraph 6 of this Order, the importation into the State of goods imported by way of trade of the description specified in the Schedule to this Order is hereby prohibited unless—

(a) in the case of tableware, they bear at importation an indication of origin marked on the goods and consisting of the words " Tír a dhéanta " preceded by the name, in Irish, of the country in which the goods were manufactured, and also of the words " Made in " followed by the name, in English, of the country in which the goods were manufactured,

(b) in the case of goods other than tableware, they bear at importation either—

(i) an indication of origin marked on the goods and consisting of the words " Tír a dhéanta " preceded by the name, in Irish, of the country in which the goods were manufactured, and also of the words " Made in " followed by the name, in English, of the country in which the goods were manufactured, or

(ii) an indication of origin marked on the goods and consisting of the words " Foreign " and " Coigríche " or the words " Imported " and " Allmhairithe " or of other words, in both Irish and English, indicating that the goods were not manufactured in the State, and

(c) the words in Irish marked on the goods in pursuance of sub-paragraph (a) or (b) of this paragraph are in letters of a similar size and colour to the words in English marked on the goods in pursuance of those sub-paragraphs, and the said words in Irish are placed in close proximity to the said words in English.

5. An indication of origin marked on goods pursuant to this Order shall be—

(a) indelible,

(b) in letters of a reasonably conspicuous size, and

(c) stamped, painted, embossed or impressed on the goods.

6. This Order shall not apply in relation to goods which are shown to the satisfaction of the Revenue Commissioners—

(a) to have been imported for further processing or for incorporation with other goods in composite goods,

(b) to have been exported from the State,

(c) to be goods which, owing to their smallness of size, it would not be practicable to mark in accordance with this Order, or

(d) to be goods to which section 27 of the Finance Act, 1922 (No. 20 of 1922), section 15 of the Finance Act, 1924 (No. 21 of 1924), section 18 (c) of the Finance Act, 1926 (No. 21 of 1926), section 18 of the Finance Act, 1928 (No. 25 of 1928), or section 18 of the Finance Act, 1946 (No. 15 of 1946), applies.

7. This Order, in so far as it requires goods to bear at importation an indication of origin consisting of words in Irish, shall not apply in relation to goods which are shown to the satisfaction of the Revenue Commissioners to be goods which, owing to their smallness of size, it would not be practicable to mark in accordance with paragraphs 4 and 5 of this Order.

SCHEDULE

1. Ceramic tableware standing classified on the date of the making of this Order in the first column of the Schedule to the Imposition of Duties (No. 159) (Customs Duties and Form of Customs Tariff) Order, 1966 ( S.I. No. 132 of 1966 ), at tariff heading No. 69.11 or 69.12.

2. Other ceramic goods of a kind used for domestic or toilet purposes standing classified on the date of the making of this Order in the said first column of the said Schedule at either of the said tariff heading numbers.

GIVEN under the Official Seal of the Government, this 15th day of July, 1969.

SEÁN Ó LOINSIGH,

Taoiseach.

EXPLANATORY NOTE.

The Order prohibits the importation of certain classes of ceramic ware unless they bear an indication of country of origin. The Order applies to tea sets, dinner sets, coffee sets and other domestic or toilet articles such as ash trays, soap dishes and trinket boxes, but does not apply to unfinished and very small articles, re-imports, antiques, articles for international airports, ship-building yards, art exhibitions, and articles designed for blind persons.