Customs By-law No. 1303352

Link to law: https://www.comlaw.gov.au/Details/F2013L00340

CUSTOMS ACT 1901
 
CUSTOMS TARIFF ACT 1995
 
SCHEDULE 4
 
BY-LAW No. 1303352
 
 
I, Geoff Johannes, delegate of the Chief Executive Officer, under section 271 of the Customs Act 1901 make the by-law set out in the Schedule below.
 
THE SCHEDULE
 
Item 54
Schedule 4
 
1.             This by-law may be cited as Customs By-law No. 1303352.
 
2.             This by-law shall take effect on and from 1 March 2013.
 
3.             For the purposes of item 54 of Schedule 4 to the Customs Tariff Act 1995, the following handicrafts are prescribed, subject to the conditions set out in paragraphs 4, 5 and 6:
 
(a)           imitation jewellery, classified to heading 7117 of Schedule 3, being beads made up as necklaces, bracelets, or anklets;
 
(b)          imitation jewellery, classified to heading 7117 of Schedule 3, made up from naturally occurring products or materials, with or without metal fittings;
 
(c)           furniture and parts therefor, classified to heading 9401 or 9403 of Schedule 3 in which the artistic or decorative character is achieved by inlaid work or by carved designs carried out by hand; and
 
(d)          handicrafts not covered in paragraphs 3(a), (b) and (c) other than clothing, footwear, fabrics, yarn, articles made up from fabric and yarn, and jewellery classified to heading 7113, 7115 or 7116.
 
4.             For the purposes of paragraph 3, the Collector must be satisfied the goods are made by one or more of the following processes of production:
 
(a)           by hand;
 
(b)          by non-mechanical, non-powered tools held in the hand;
 
(c)           produced on hand or foot-powered machines.
 
5.             For the purposes of paragraph 3, the goods must be wholly or in chief part by weight of materials traditionally used in the production of handicrafts.
 
6.             For the purposes of paragraph 3, the goods must have an artistic or decorative character generally comparable with traditional handicrafts of the country in which the goods were made.
 
7.             For the purposes of item 54 of Schedule 4 to the Customs Tariff Act 1995, fabrics containing not less than 90% by weight of natural fibres are prescribed.
 
8.             For the purposes of paragraph 7, the Collector must be satisfied the goods are made by one or more of the following processes of production:
 
(a)     by hand;
 
(b)     by non-mechanical, non-powered tools held in the hand;
 
(c)     produced by hand or foot-powered looms.
 
9.             For the purposes of item 54 of Schedule 4 to the Customs Tariff Act 1995, textile fabric that is printed or dyed according to one of the following methods is prescribed:
 
(a)           the traditional batik method;
 
(b)          the traditional tie and dye method;
 
(c)           the traditional hand block printing method;
 
(d)          the traditional kalamkari printing method; or
 
(e)           any other method of printing or dyeing that the Collector is satisfied is a traditional method in the country of origin.
 
10.         For the purposes of item 54 of Schedule 4 to the Customs Tariff Act 1995, the following goods are prescribed:
 
(a)     goods containing not less than 90% by weight of natural fibres, made up from fabric or yarn, that are hand crocheted, hand knitted, hand netted or hand woven;
 
(b)     goods made from the fabrics specified in paragraph 9;
 
(c)     garments printed or dyed by one of the methods specified in paragraph 9, after being made up.
 
11.     For the purposes of paragraph 10, the Collector must be satisfied the goods are made up by one or more of the following processes of production:
 
(a)           by hand;
 
(b)          by non-mechanical, non-powered tools held in the hand.
 
12.     For the purposes of item 54 of Schedule 4 to the Customs Tariff Act 1995, the following goods are prescribed:
 
(a)           footwear, the produce or manufacture of a Developing Country, classified under subheading 6403.59.00 in Schedule 3, having:
 
(i)      outer soles of leather;
(ii)     leather heels of a depth not exceeding 20 mm;
(iii)    leather uppers without quarters; and
(iv)    a vamp comprising two or more separate straps.
 
13.         For the purposes of paragraph 12, “footwear” does not include footwear which incorporates wedges or platforms.
 
14.     For the purposes of paragraph 12, the Collector must be satisfied the goods are made up by one or more of the following processes of production:
 
(a)     by hand;
 
(b)     by non-mechanical, non-powered tools held in the hand; or
 
(c)     by hand or foot-powered machines.
 
15.     For the purposes of the operation of paragraphs 7, 9, 10, and 12, materials or components of a minor nature that are incorporated in the goods and are essential to the assembly or normal operation of the goods, are prescribed.
 
16.     This by-law does not apply to:
 
(a)     curtains classified under heading 6303 in Schedule 3; and
 
(b)     all towels, towelling and towelling products.
 
17.     For the purposes of this by-law, the “Customs Tariff Act 1995” means the Customs Tariff Act 1995, as amended or proposed to be altered.
 
 
Dated this twentieth day of February 2013.
 
(signed)
Geoff Johannes
Delegate of the
Chief Executive Officer
 
 
Read Entire Law on www.comlaw.gov.au