S.I. No. 330/1949 - Control of Imports (Quota No. 45) Order, 1949.


S.I. No. 330 of 1949.

CONTROL OF IMPORTS (QUOTA No. 45) ORDER, 1949.

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. 45) Order, 1949.

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

3. Subject to the exceptions and qualifications mentioned in paragraph 4 of this Order, the importation on or after the 1st day of January, 1950, 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 paragraph 3 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 of the nature of blanketing or felt and to be imported solely for use in an industrial process other than the manufacture of saddlery, harness, blankets, rugs, and personal clothing or wearing apparel, or

(e) 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 the State, 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 the State to a person resident in the State, or

(viii) for such purposes 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) or paragraph (b) or paragraph (h) of section 18 of the Finance Act, 1936 (No. 31 of 1936), or of section 18 of the Finance Act, 1946 (No. 15 of 1946)

(f) articles which are shown, to the satisfaction of the Revenue Commissioners, to be suitable and intended for use for any one or more of the following purposes and for no other purpose, that is to say :

(i) the upholstering or the covering of furniture,

(ii) the manufacture of curtains,

(iii) the upholstering of vehicles,

(iv) the binding of books, or

(g) articles which are shown, to the satisfaction of the Revenue Commissioners to be of any of the following descriptions, that is to say : motor tyre fabric, pique, chenille, brocade, velvet, velveteen and other pile fabrics, coutil, crêpe, marocain, sponge cloth, repp, haircord, limbric, molleton, umbrella cloth, cellular cloth, leather cloth, corduroy, Holland blind cloth, combined cloth, double texture collar cloth, Bedford cord, moleskin, gaberdine, oilskin, rubberised cloth, fancy woven cloth and cloth containing fancy yarns (other than cloth ordinarily used in the manufacture of shirts or pyjamas).

5. The 11th day of February, 1950, is hereby appointed to be the day on which the first quota period under this Order shall commence.

6. (1) The Control of Imports (Quota No. 41) Order, 1940 ( S. R. & O. No. 202 of 1940 ), is hereby revoked.

(2) This paragraph shall come into operation on the 1st day of January, 1950.

SCHEDULE.

PART I.

Woven piece goods containing more than sixty per cent. by weight of cotton which are not less than three ounces in weight per square yard, and which

(i) have a pattern in colour woven therein, and

(a) exceed thirty-seven inches in width, or

(b) are of a type ordinarily used in the manufacture of shirts or pyjamas, or

(ii) are without pattern in colour and are loomstate, bleached or piece dyed.

PART II.

Articles excepted 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 ( S. R. & O. No. 59 of 1935 ), the Control of Imports (Quota No. 43) Order, 1949, or the Control of Imports (Quota No. 44) Order, 1949, 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 contain not less than 15 per cent. by weight of wool.

3. Woven piece goods which do not exceed thirty-seven inches in width and contain more than 90 ends per inch in the warp, two ends weaving together as one to count as one end.

4. Woven piece goods which have been subjected to a process of permanent painting or printing on the surface which is outermost in wear, whereby there is permanently painted or printed on such surface a bona fide design or pattern (including a design or pattern consisting of or containing words or figures or both words and figures) covering the whole of such surface or having a definite relation to the area and shape of such surface.

5. Woven piece goods which are less than twelve inches in width and which have two selvedges.

6. Woven piece goods which exceed ninety-four inches in width.

GIVEN under the Official Seal of the Government, this 13th day of December, 1949.

JOHN A. COSTELLO,

Taoiseach.