S.I. No. 208/1970 - Imposition of Duties (Dumping and Subsidies) (Anti-Dumping Duty on Pencils) Order, 1970.

S.I. No. 208 of 1970.

IMPOSITION OF DUTIES (DUMPING AND SUBSIDIES) (ANTI-DUMPING DUTY ON PENCILS) ORDER, 1970.

WHEREAS, during an investigation by An Coimisiún Dumpála under section 7 of the Imposition of Duties (Dumping and Subsidies) Act, 1968 (No. 11 of 1968), in relation to goods of the kind specified in Article 3 of the Order following, that Commission recommended to the Minister for Industry and Commerce that a provisional duty be imposed for a period of six months on goods of the kind aforesaid:

AND WHEREAS, by the Imposition of Duties (Dumping and Subsidies) (Provisional Duty on Pencils) Order, 1970 ( S.I. No. 48 of 1970 ), the Minister for Industry and Commerce imposed a provisional duty of an amount calculated by reference to the rates specified in Article 3 of that Order on goods of the kind aforesaid:

AND WHEREAS, as a result of the said investigation, that Commission recommended to the Minister for Industry and Commerce that an anti-dumping duty of an amount calculated by reference to the rates specified in Article 4 of the Order following be imposed on goods of the kind aforesaid:

AND WHEREAS the Minister for Industry and Commerce is satisfied that there has been injurious dumping of goods of the kind aforesaid:

AND WHEREAS the Minister for Industry and Commerce is further satisfied that there has been dumping of those goods on which the said provisional duty is chargeable and that the dumping would, but for the said provisional duty, have caused material injury to an industry in the State:

NOW THEREFORE the Government, in exercise of the powers conferred on them by section 14 of the said Imposition of Duties (Dumping and Subsidies) Act, 1968 , hereby order as follows:

1. This Order may be cited as the Imposition of Duties (Dumping and Subsidies) (Anti-dumping Duty on Pencils) Order, 1970.

2. This Order shall come into operation on the 18th day of September, 1970.

3. (1) An anti-dumping duty of an amount calculated by reference to the rates specified in Article 4 of this Order shall be charged, levied and paid on pencils that are classified at tariff heading 98.05 (A) in the Schedule to the Imposition of Duties (No. 159) (Customs Duties and Form of Customs Tariff) Order, 1966 ( S.I. No. 132 of 1966 ), and are produced in whole or in part in China or are exported from China and on which the provisional duty imposed by the Imposition of Duties (Dumping and Subsidies) (Provisional Duty on Pencils) Order, 1970 ( S.I. No. 48 of 1970 ), is chargeable or which are imported after the commencement of this Order.

(2) In this Article "China" does not include Taiwan.

4. The duty imposed by this Order shall—

( a ) in the case of pencils of a length (including any accessories or fittings) of eight inches or less, be at the rate of eight shillings the gross, and

( b ) in the case of pencils of any other length (including any accessories or fittings), be at the rate of sixteen shillings the gross.

5. The duty imposed by this Order shall not be charged or levied on any goods on which a duty of customs is, by virtue of paragraph 5 (d) or 5 (e) of the Imposition of Duties (No. 159) (Customs Duties and Form of Customs Tariff) Order, 1966, chargeable at a rate that is less than the rate that would otherwise be chargeable.

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

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

September, 1970.

SEÁN Ó LOINSIGH,

Taoiseach.

EXPLANATORY NOTE.

This Order provides for the imposition of an anti-dumping duty at rates of 8/-a gross or 16/- a gross on imports of certain pencils from China, excluding Taiwan.