TRADE AGREEMENT (BELGIUM).
No. 57 of 1936.
An Act to approve a Provisional Commercial Agreement between the Government of the Commonwealth of Australia and the Government of Belgium and Undertakings given in relation to that Agreement.
[Assented to 23rd November, 1936.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—
Short title.
1. This Act may be cited as the Trade Agreement (Belgium) Act 1936.
Approval of Agreement and undertakings.
2. The Provisional Commercial Agreement made between His Majesty's Government in the Commonwealth of Australia and the Government of Belgium acting on its own behalf and on behalf of the Government of Luxemburg, a copy of which Agreement is set forth in the First Schedule to this Act, and the undertakings contained in the correspondence annexed to the said Agreement, a copy of which correspondence is set forth in the Second Schedule to this Act, are hereby approved.
THE SCHEDULES.
FIRST SCHEDULE. Sec. 2.
PROVISIONAL COMMERCIAL AGREEMENT BETWEEN THE COMMONWEALTH OF AUSTRALIA AND THE BELGO-LUXEMBURG ECONOMIC UNION.
The Government of the Commonwealth of Australia and the Government of Belgium acting both on its own behalf and by virtue of existing agreements on behalf of the Government of Luxemburg, desiring to facilitate and extend still further the commercial relations between Australia, on the one part, and the Belgo-Luxemburg Economic Union, on the other part, have agreed as follows :—
Article I.
Articles, produced or manufactured in Australia, on their importation into the Customs Territory of the Belgo-Luxemburg Economic Union, and articles produced or manufactured in the Customs Territory of the Belgo-Luxemburg Economic Union, on their importation into Australia, shall not be subjected to other or higher duties or charges than those paid on the like articles, the produce or manufacture of the most favoured foreign country.
Article II.
(1) Articles enumerated in Schedule ‘A’ to this Agreement, produced or manufactured in the Customs Territory of the Belgo-Luxemburg Economic Union, shall, on importation into Australia, be accorded the benefits of the Australian Intermediate Tariff.
(2) Articles enumerated in Schedule ‘B’ to this Agreement, being the produce or manufacture of the Customs Territory of the Belgo-Luxemburg Economic Union, shall not, on importation into Australia, be subjected to a higher duty than that specified in the said Schedule.
(3) The stipulations of paragraphs (1) and (2) of this Article shall not be deemed to exempt the said articles from liability to sales tax or, except as provided in paragraph (4), from payment of primage duties.
(4) Articles enumerated in Schedule ‘C’ to this Agreement, produced or manufactured in the Customs Territory of the Belgo-Luxemburg Economic Union, shall not, on importation into Australia, be subjected to higher primage duties than those specified in the said Schedule.
(5) Outside packages and outer coverings containing articles enumerated in Schedule ‘D’ to this Agreement, produced or manufactured in the Customs Territory of the Belgo-Luxemburg Economic Union, shall, on importation into Australia be exempt from duty.
Article III.
Articles enumerated in Schedule ‘E’ to this Agreement, produced or manufactured in Australia, shall not, on importation into the Customs Territory of the Belgo-Luxemburg Economic Union, be subjected to higher duties than those specified in the said Schedule.
Article IV.
During the currency of the present Agreement, Belgian plain clear sheet glass (Australian Tariff Item 242 (b)) shall benefit in Australia from the import regime set forth in this Article.
(1) During any year in which the consumption of plain clear sheet glass in Australia is estimated not to exceed 7,500,000 square feet the Government of the Commonwealth of Australia shall permit the importation into Australia of 2,152,500 square feet of Belgian plain clear sheet glass.
First Schedule—continued.
(2) If the consumption of plain clear sheet glass in Australia during any year is greater than 7,500,000 square feet the Government of the Commonwealth of Australia will grant to Belgium a supplementary quota of plain clear sheet glass equal to 35.8725 per centum of the difference between the figure for the actual Australian consumption during the year in question and 7,500,000 square feet.
(3) In the event that the Australian glass makers are unable to supply the full quota reserved to them and that it becomes necessary to authorize the importation of additional quantities of plain clear sheet glass, the Government of the Commonwealth of Australia will grant a supplementary quota to Belgium. The supplementary quota granted to Belgium shall be equal to 71.745 per centum of the total additional quantity authorised to be imported under the conditions set forth in this paragraph.
(4) Belgian plain clear sheet glass the importation of which into Australia is authorised under this import regime shall be subjected to a duty of four shillings (4/-) per hundred square feet and shall be exempt from primage duty. However, if this duty is reduced or suppressed in favour of any other foreign country, the same reduction or suppression shall be applied to Belgian plain clear sheet glass.
(5) In the event of a cessation of production of plain clear sheet glass in Australia, the Government of the Commonwealth of Australia shall have the right to abolish all restrictions on the importation of this product. In that event, Belgian plain clear sheet glass shall be admitted into Australia either under the rates of duty specified in paragraph (4) or under the most favourable rates of duty granted to any other foreign country, whichever is the lower.
(6) The quotas allocated to Belgium shall be divided between glass of the various qualities and weights in the following proportions :—
| | per centum of total quantity allocated. | |
|
| Horticultural glass | 11.25 | |
| Other qualities:— | | |
| 16 oz. glass | 43 | |
| 21 „ „ | 40 | |
| Heavier than 21 oz. glass | 5.75 | |
In the case of glass heavier than 21 oz. import permits shall be granted, within the limits of the specified percentage, in such weights as Australian consumers require.
(7) In the event that the Australian demand for horticultural glass in any year is less than 11.25 per centum of the total Australian demand for plain clear sheet glass of all qualities, the Government of the Commonwealth of Australia will use its best endeavours to arrange that the allocations of horticultural glass to Belgium shall coincide with the actual percentage. In this case the difference between the figure representing 11.25 per centum of the total Belgian quota and the figure representing the actual percentage shall be divided between the other categories as follows :—
| | per centum of quantity allocated. |
| 16 oz. glass | 48 |
| 21 oz. glass | 45 |
| Heavier than 21 oz. glass | 7 |
The percentage allocated by this paragraph to glass heavier than 21 oz. may, if the Belgian Government so desires, be distributed between glass of 16 oz. and 21 oz. weights.
(8) With a view to permitting the application of paragraphs (6) and (7) of this Article, the Government of the Commonwealth of Australia shall continue to take all the necessary measures to ascertain the actual annual demand in Australia for horticultural glass.
(9) Since the demand for glass of horticultural quality is seasonal and occurs almost entirely during the months of January to April in each year the Belgian Government will assist the Government of the Commonwealth of Australia in all measures that may be necessary to meet the demands of the market within that period and to assure the equitable treatment of the various interests concerned.
(10) In the event that this Agreement is terminated before the expiration of any year and that as a result of such termination the quotas for horticultural glass allocated to Belgium are greater than 11.25 per centum of the total Belgian quota, the Government of the Commonwealth of Australia shall communicate with the Belgian Government with a view to arriving at an equitable adjustment of the quantities for each category of glass.
First Schedule—continued.
(11) To facilitate the administration of the import regime set forth in this Article the Belgian Government shall use its best endeavours to advise the Government of the Commonwealth of Australia not later than the 15th day of October in each year as to the proportions in which the Belgian quota shall be divided amongst the several Belgian exporters.
(12) For the purposes of the import regime set forth in this Article a year shall be deemed to commence on the 1st day of November and to end on the 31st day of October of the next following calendar year.
Article V.
During the currency of the present Agreement, Barley (Tariff No. 51 f)), Wheat (Tariff No. 51 b) 1.), and Frozen Beef (Tariff No. 2 b) 1.) originating in and coming from the Commonwealth of Australia shall not be prohibited from importation into the Customs Territory of the Belgo-Luxemburg Economic Union.
Article VI.
In the event of the Government of either party adopting in respect of any products specifically mentioned in this Agreement any measures which, even though they do not conflict with the terms of this Agreement, are considered by the Government of the other party to have the effect of nullifying or impairing any of the advantages of this Agreement, the Government which considers its interests adversely affected may, within three months of the adoption of such measures, request the opening of negotiations with a view to effecting a mutually satisfactory adjustment of the matter. If agreement is not reached within two months of the receipt of such request the party which considers its interests adversely affected may take such action as it thinks proper to re-establish the equilibrium of the present Agreement.
Article VII.
Nothing in this Agreement shall be deemed to affect the rights of either Government to impose or maintain prohibitions or restrictions—
(a) relating to public security ;
(b) imposed on moral or humanitarian grounds ;
(c) occasioned by the necessity of securing the safety of persons ; and
(d) imposed for the protection of animals and plants
provided that such measures are applied under the same conditions to like articles imported from any other foreign country.
Article VIII.
(1) Nothing in this Agreement shall entitle the Belgo-Luxemburg Economic Union to claim the benefit of any treatment, preference, or privilege which may at any time be in force exclusively between the territories under the sovereignty of His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, or under His Majesty's suzerainty, protection or mandate.
(2) Neither party shall invoke the provisions of Article I of this Agreement to secure the advantages which result from any Customs Union to which the other may become a party.
(3) The stipulations of this Agreement shall not apply to the advantages which the Governments of the Belgo-Luxemburg Economic Union have granted or may grant to contiguous States to facilitate border traffic within a limited zone on each side of the frontier.
Article IX.
The present Agreement shall, as from the date of its coming into force, supersede the arrangement between the Commonwealth of Australia and the Belgo-Luxemburg Economic Union concluded by the Exchanges of Notes on 19th November, 1934, and on 23rd October, 1935. It shall be ratified and the instruments of ratification shall be exchanged at Canberra as soon as possible. It shall come into force fourteen days after the exchange of instruments of ratification or such earlier date as may be agreed upon and, except as otherwise provided, shall remain in force and effect until six months from the day on which either Government shall have given notice of its intention to terminate it.
In witness whereof the undersigned, being duly authorized to that effect have signed in duplicate this Agreement drawn up in the English and French languages and have affixed thereto their seals.
Done at Canberra this third day of October, 1936.
l.s. H. S. GULLETT.
l.s. ARMAND NIHOTTE
First Schedule—continued.
SCHEDULE A.
| Item of the Australian Tariff | Description of Articles | |
| Ex 58. (c) (1) | Cornflour ; when not packed for household use | |
|  Ex 105. (a) (1) (a) (3)
| Piece Goods, viz. :— | |
| Ex 105. (n) | Tickings wholly of cotton or of cotton in admixture with linen, wholly or partly woven from coloured yarns | |
|
|
| 105. (a) (1) (a) | Piece Goods, viz. :— | |
| Cotton Piece Goods and piece goods containing a mixture of fibres in which cotton predominates (excepting piece goods enumerated in sub-items (aa), (d) (1) and (f)), n.e.i. | |
| | |
| | |
| 105. (a) (1) (c) | Piece Goods, viz. :— | |
| Cotton Piece Goods and piece goods containing a mixture of fibres in which cotton predominates (excepting piece goods enumerated in sub-items (aa), (d) (1) and (f)), viz. :—Drills Dungarees and Jeans, weighing 6 ounces or less per square yard or weighing 18 ounces or more per square yard | |
| | |
| | |
| | |
| | |
| 105. (a) (3) | Piece Goods, viz. :— | |
| Tapestries containing at least 95 per cent, by weight of cotton or linen or cotton and linen | |
| | |
| Ex 105. (aa) (2) | Piece Goods, viz. :— | |
| Artificial Silk Piece Goods, Knitted or Look-stitched, in tubular form or otherwise (except piece goods enumerated in item 208 (d) (2))—Other | |
| | |
| | |
|  Ex 105. (d) (1) (b)
| Piece Goods, viz. :— | |
| Ex 105. (f) (2) | Tapestries and Tapestry Curtain Material containing not more than 5 per cent. by weight of wool, and containing at least 10 per cent. by weight of artificial silk | |
|
| | |
| Ex 105. (e) (1) | Piece Goods, viz.:— | |
| | Velvets and Velveteons | |
|  Ex 105. (e) (1)
| Piece Goods, viz.:— | |
| Ex 105. (f) (2) | Moquettes of the type used for upholstery— | |
| (a) Containing at least 20 per cent. by weight of wool | |
| | (b) Other | |
| 105. (e) (4) | Piece Goods, felt, of wool or containing wool | |
| 105. (f) (5) | Piece Goods, felt, composed of hair ; Piece Goods, felt, n.e.i. | |
| 106. (b) | Trimmings and Ornaments, n.e.i. for Hats Shoes and other attire, not being partly or wholly of gold or silver ; Braids n.e.i. ; Fringes n.e.i. ; Frillings ; Rufflings ; Pleatings ; Ruchings ; Galoons n.e.i. ; Ribbons n.e.i. ; Tinselled Belting n.e.i.; Webbings n.e.i.; Belting for apparel not elsewhere specified and not being cut to lengths for belts | |
| Ex 113. (b) | Kid Gloves | |
| Ex 117. (a) | Blankets manufactured by the Jacquard process, woven from yarn wholly of cotton | |
| | |
| 120.(a) | Articles, Textile, as under, not being piece goods, viz. :— Articles of Furnishing Drapery and Napery, including Quilts n.e.i., Table Covers, Doyleys, Tray Cloths, Sheets, Pillowcases and Covers, Bolster Cases, Counterpanes, Bed Spreads, Table Mats, Splashers, Tablecloths, Runners, Mantel Borders, Toilet Sets, Bags for Linen, Brush and Comb Bags, Nightdress Cases, Handkerchief Sachets, and the like, Cosies and Cushions in part or wholly made up— | |
|
| | |
| (1) When not containing wool | |
| | |
SECOND SCHEDULE Sec. 2.
CORRESPONDENCE.
Prime Minister’s Department
Trade Treaties
Canberra, F.C.T.
3rd October, 1936.
Sir,
With reference to the Provisional Commercial Agreement signed this day between the Commonwealth of Australia and the Belgo-Luxemburg Economic Union I have the honour to inform you that the Government of the Commonwealth of Australia takes note of the requests for the reduction of the duties on the tariff items set out hereunder, submitted by you on behalf of the Belgo-Luxemburg Economic Union during the negotiations.
| Tariff Item. | Goods. |
| Ex 58. (c) (1) | Cornflour, when not packed for household use. |
| Ex 105. (aa) (2) | Artificial Silk Piece Goods, Knitted or Lockstitched, in tubular form or otherwise (except piece goods enumerated in item 208 (d) (2)—Other. |
| 105. (f) (4) | Piece Goods, felt, of wool or containing wool. |
| (5) | Piece Goods, felt, composed of hair; Piece Goods, felt, n.e.i. |
| 120. (a) (1) | Articles, Textile, as under, not being piece goods, viz. :— |
| | Articles of Furnishing Drapery and Napery, including Quilts n.e.i., Table Covers, Doyleys, Tray Cloths, Sheets, Pillow Cases and Covers, Bolster Cases, Counterpanes, Bed Spreads, Table Mats, Splashers, Tablecloths, Runners, Mantel Borders, Toilet Sets, Bags for Linen, Brush and Comb Bags, Nightdress Cases, Handkerchief Sachets, and the like, Cosies and Cushions in part or wholly made up— |
| | When not containing wool. |
| 242. (c) | Glass, viz. :— |
| | Sheet, viz. :—Figured Rolled, Cathedral, Milled Rolled, Rough Cast and Wired Cast. |
| 268. | Naphthalene |
| 271. (a) | Ammonia, viz. :—Acetate, Carbonate, Anhydrous, Liquid and Chloride |
| Ex 281. (b) (2) | Sulphate of Soda |
| 384. (a) (1) | Photographic and X-Ray Dry Plates and Flat Films, sensitized. |
| (2) | Photographic Sensitized Films n.e.i. |
| (3) | Photographic Sensitized Papers and Cards also Linen and other Sensitized Materials, n.e.i. ; Postcards (sensitized with or without letterpress). |
In accordance with your desire I have the honour to place on record and confirm the undertaking given on behalf of the Government of the Commonwealth of Australia, to refer these items to the Tariff Board for public inquiry and report (if not already so referred) with a view to determining an Intermediate Tariff rate based on the present London-Australia rate of exchange.
In the course of the negotiations you also made the following requests with respect to opaque glass of the Marbrite and Marmorite types, at present classified under Tariff Item 243 (a)—
(1) that these types of glass be classified as polished and patent plate glass ;
(2) that failing a reduction in the duties at present imposed on polished and patent plate glass the Commonwealth Government should introduce Intermediate Tariff rates on glass of these descriptions.
On behalf of the Commonwealth Government I desire to confirm the assurance given to you that steps will be taken to introduce the necessary amendments of the Australian Customs Tariff.
Yours faithfully,
H. S. GULLETT
Minister negotiating Trade Treaties.
M. Armand Nihotte,
Actg. Consul-General for Belgium,
SYDNEY, N.S.W.
Second Schedule—continued.
Consulat Général de Belgique à Sydney
l.s.
Canberra, F.C.T.
3rd October, 1936.
Sir,
In your letter of to-day’s date you have made the following communication to me :—
“With reference to the Provisional Commercial Agreement signed this day between the Commonwealth of Australia and the Belgo-Luxemburg Economic Union I have the honour to inform you that the Government of the Commonwealth of Australia takes note of the requests for the reduction of the duties on the tariff items set out hereunder, submitted by you on behalf of the Belgo-Luxemburg Economic Union during the negotiations.
| Tariff Item | Goods |
| Ex 58. (c) (1) | Cornflour, when not packed for household use. |
| Ex 105. (aa) (2) | Artificial Silk Piece Goods, Knitted or Lockstitched, in tubular form or otherwise (except piece goods enumerated in item 208 (d) (2)—Other. |
| 105. (f) (4) | Piece Goods, felt, of wool or containing wool. |
| (5) | Piece Goods, felt, composed of hair ; Piece Goods, felt, n.e.i. |
| 120. (a) (1) | Articles, Textile, as under, not being piece goods, viz.:— |
| Articles of Furnishing Drapery and Napery, including Quilts n.e.i., Table Covers, Doyleys, Tray Cloths, Sheets, Pillow Cases and Covers, Bolster Cases, Counterpanes, Bed Spreads, Table Mats, Splashers, Tablecloths, Runners, Mantel Borders, Toilet Sets, Bags for Linen, Brush and Comb Bags, Nightdress Cases, Handkerchief Sachets, and the like, Cosies and Cushions in part or wholly made up— |
| | When not containing wool. |
| 242. (c) | Glass, viz. :— |
| | Sheet, viz. :—Figured Rolled, Cathedral, Milled Rolled, Rough Cast and Wired Cast. |
| 268. | Naphthalene |
| 271. (a) | Ammonia, viz.:—Acetate, Carbonate, Anhydrous, Liquid and Chloride |
| Ex 281. (b) (2) | Sulphate of Soda. |
| 384. (a) (1) | Photographic and X-Ray Dry Plates and Flat Films, sensitized. |
| (2) | Photographic Sensitized Films n.e.i. |
| (3) | Photographic Sensitized Papers and Cards also Linen and other Sensitized Materials, n.e.i.; Postcards (sensitized with or without letterpress). |
In accordance with your desire I have the honour to place on record and confirm the undertaking given on behalf of the Government of the Commonwealth of Australia, to refer these items to the Tariff Board for public inquiry and report (if not already so referred) with a view to determining an Intermediate Tariff rate based on the present London-Australia rate of exchange.
In the course of the negotiations you also made the following requests with respect To opaque glass of the Marbrite and Marmorite types, at present classified under Tariff Item 243 (a)—
(1) that these types of glass be classified as polished and patent plate glass;
(2) that failing a reduction in the duties at present imposed on polished, and patent plate glass the Commonwealth Government should introduce Intermediate Tariff rates on glass of these descriptions