S.I. No. 230/1970 - Imposition of Duties (Dumping and Subsidies) (Provisional Duty on Urea) Order, 1970.

S.I. No. 230 of 1970.

IMPOSITION OF DUTIES (DUMPING AND SUBSIDIES) (PROVISIONAL DUTY ON UREA) 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 2 of the Order following, that Commission recommended to the Minister for Industry and Commerce that provisional duties at the rates set out in the said Order be imposed for a period of six months on goods of the kind aforesaid :

NOW, I, PATRICK J. LALOR, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 13 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) (Provisional Duty on Urea) Order, 1970.

2. (1) A provisional duty of an amount calculated in accordance with paragraph (2) of this Article shall be charged, levied and paid between the 6th day of October, 1970, and the 5th day of April, 1971, on urea that is classified at tariff heading number 29.25 or 31.02 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 on compounds which are classified at tariff heading number 31.02 or 31.05 (D) in the said Schedule and which consist essentially of urea.

(2) The duty imposed by this Order shall be at the rate of—

( a ) in the case of urea or compounds consisting essentially of urea that are produced in whole or in part in, or are exported from, Portugal or the Netherlands, £7 per ton,

( b ) in the case of urea or compounds consisting essentially of urea that—

(i) are produced in whole or in part in, or are exported from, Romania, and

(ii) are not chargeable with duty at the rate specified in subparagraph (a) of this paragraph,

£5 per ton,

( c ) in the case of urea or compounds consisting essentially of urea that—

(i) are produced in whole or in part in, or are exported from, Belgium or Poland, and

(ii) are not chargeable with duty at the rate specified in subparagraph (a) or (b) of this paragraph,

£3 per ton, and

( d ) in the case of urea or compounds consisting essentially of urea that—

(i) are produced in whole or in part in, or are exported from, the Federal Republic of Germany, and

(ii) are not chargeable with duty at the rate specified in subparagraph (a), (b) or (c) of this paragraph,

£2 per ton.

(3) ( a ) The duty imposed by this Order shall not be charged or levied if 25% or more of the value of the goods concerned, ascertained in accordance with the Origin of Manufactured Goods Regulations, 1966 ( S.I. No. 202 of 1966 ), is the result of labour in the United Kingdom and the goods are exported to the State from the United Kingdom.

( b ) In this paragraph "the United Kingdom" means Great Britain, Northern Ireland, the Isle of Man and the Channel Islands.

3. (1) A person who imports, or proposes to import, urea or compounds consisting essentially of urea chargeable with the duty imposed by this Order may, at any time before, and, in any event, not later than three months after, the date of importation apply to the Minister for Industry and Commerce for relief from the duty imposed by this Order.

(2) The Minister for Industry and Commerce, if he is satisfied that the urea or compounds consisting essentially of urea are being imported for use for a purpose other than as a fertiliser, shall request the Revenue Commissioners to remit or to repay the duty.

(3) The Revenue Commissioners shall comply with a request of the Minister for Industry and Commerce made under this Article.

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

GIVEN under my Official Seal, this 30th day of September, 1970.

PATRICK J. LALOR.

EXPLANATORY NOTE.

This Order provides for the imposition of provisional duties on imports of urea from Portugal, the Netherlands, Romania, Belgium, Poland and the Federal Republic of Germany at rates varying from £7 per ton to £2 per ton.