TRADE AGREEMENT (FRANCE).
No. 79 of 1936.
An Act to approve an Agreement contained in an Exchange of Notes between the Government of the Commonwealth of Australia and the Government of the French Republic.
[Assented to 7th December, 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 (France) Act 1936.
Approval of Agreement.
2. The Agreement contained in an Exchange of Notes made between His Majesty’s Government in the Commonwealth of Australia and the Government of the French Republic, a copy of which Exchange of Notes is set forth in the Schedule to this Act, is hereby approved.
THE SCHEDULE.
EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA AND THE GOVERNMENT OF THE FRENCH REPUBLIC.
French Note No. 1
Consulate General of France
in Australia. SYDNEY, 27th November, 1936.
My dear Minister,
With reference to the negotiations which have taken place between our two Governments with a view to the conclusion of a Trade Agreement, I have the honour to inform you that, as from a date to be fixed by mutual agreement:
(1) The French Government will accord to the Australian products enumerated in Schedule A annexed to the present Note the duties of the minimum tariff, that is to say, the lowest rates which France accords or may accord to like products from any other foreign country.
(2) As regards the Australian products enumerated in the said Schedule A which are subject to quota restrictions and for which no quota has been allocated to Australia, the French Government will examine with goodwill any request which may be made by the Government of the Commonwealth of Australia with a view to obtaining a percentage of the global quota.
(3) The French Government will suppress:
(a) the exchange surtax of 15 per centum imposed on Australian products by virtue of the Decree of the 11th November, 1931;
(b) the increases to 4 per centum and 6 per centum in the rate of the import tax imposed on Australian products by virtue of Article 32 of the Law of 31st March, 1932;
(c) the special surtaxes of 200 per centum of the general tariff duties imposed on butter fresh, salted or melted (No. 37 of the French Tariff) and on wheat in the grain (ex No. 68 of the French Tariff) originating in or coming from Australia, by virtue of the Decree of the 15th January, 1930, and the Law of 11th January, 1932.
(4) The French Government will guarantee to Australia the undermentioned quotas for the importation of the following products:—
Ex. No. 70. Barley in the grain—
5 per centum of the global quota for each of the four quarters of each year during the currency of the present arrangement
If the quota of 5 per centum does not permit the importation of 20,000 quintals annually of Australian barley into France, the French Government will endeavour to grant a supplementary quota which would ensure an annual importation of this quantity. Should the French Government be unable to grant such a supplementary quota advantages of a corresponding value will be granted to Australia.
Ex. No. 84. Apples and pears, fresh
| First | quarter | —2 per centum of the global quota |
| Second | „ | —4 per centum of the global quota |
| Third | „ | —5 per centum of the global quota |
| Fourth | „ | —2 per centum of the global quota |
The abovementioned quotas on barley, fresh apples and pears will not be reduced, whether the global quota is increased or decreased. This undertaking will not constitute an obstacle to the suppression of quota measures.
A special quota of 1,000 quintals which is not renewable will be granted for fresh apples and pears during the first year of operation of the present arrangement.
The import permits for barley, fresh apples and pears will be valid for 120 days from the date of issue.
The French Government undertakes to issue the import permits for fresh apples and pears in such a manner as to allow the greatest possible importation in the second quarter.
The quotas for barley, fresh apples and pears will be wholly administered by the French Government.
In consideration of the advantages by which Australian trade will therefore benefit I should be obliged if you would kindly confirm that the Government of the Commonwealth of Australia undertakes, on its part, to accord to French products the following benefits, as from a date to be fixed by mutual agreement:—
(1) All French products shall, on their importation into Australia, be subjected to the lowest Customs duties applicable to like products imported from any other foreign country;
(2) The French products enumerated in Schedule B, annexed to the present Note, shall benefit from the Australian Intermediate Tariff;
(3) The French products enumerated in Schedule C, annexed to the present Note, shall not be subjected to higher primage duties than those set out in the said Schedule;
(4) The French products enumerated in Schedule D, annexed to the present Note, shall not, on importation into Australia, be subjected, during the first year of operation of the present arrangement, to a higher duty than that specified
The Schedule—continued.
in the said Schedule provided such products are used for the purpose or purposes specified and that the requirements or conditions of any Security to the Australian Customs which may be entered into are fulfilled or complied with, and provided further that after the end of such period the imposition of higher duties on the products enumerated in the said Schedule will be dependent upon an inquiry and report by the Australian Tariff Board;
(5) The stipulations of paragraphs 2 and 4 shall not be deemed to exempt the said products from liability to sales tax or, except as provided in paragraph 3, from payment of primage duties;
(6) The question of the duties on the French products enumerated in Schedule E, annexed to the present Note, shall be referred (if not already so referred) to the Australian Tariff Board for public inquiry and report;
(7) In connection with the issue of licences for the importation of products enumerated in Statutory Rules 1936, No. 69 of 22nd May, 1936, French products shall benefit in all respects from the same treatment as those products originating in any other foreign country. Moreover, no special provision liable to prejudice the importation of French products shall appear in those licences.
Accept, my dear Minister, the assurance of my high consideration.
P. SUZOR,
Consul-General of France
The Hon. Sir Henry Gullett, K.C.M.G., M.P.,
Minister directing Negotiations for Trade Treaties,
CANBERRA, F.C.T., Australia.
SCHEDULE A.
AUSTRALIAN PRODUCTS BENEFITING BY THE MINIMUM TARIFF ON THEIR IMPORTATION INTO FRANCE.
| Number of the French Tariff | Description of Products | |
|
| 16a. | Beef, chilled. | |
| 16b. | Mutton and beef, frozen. | |
| 19. | Meats, preserved. | |
| 21. | Hides or skins, raw. | |
| 22. | Peltries, raw. | |
| ex 23. | Wool in bulk or on skins. | |
| ex 30a. | Tallow, not hydrogenated, other than pressed. | |
| 34a. | Eggs in shell. | |
| 37. | Butter, fresh melted or salted. | |
| 68. | Wheat and meslin, grains and flour. | |
| 70. | Barley in grains. | |
| ex 84A. | Fresh fruits: | |
| | Apples, pears, oranges. | |
| ex 112. | Eucalyptus oil. | |
| 175. ter. | Opals and sapphires in the rough and cut. | |
| ex 201. | Silver ore. | |
| ex 221. | Copper in ingots. | |
| *ex 222. | Lead, pig. | |
| ex 223. | Tin, crude and rolled. | |
| *ex 224. | Zinc, crude, in bars or blocks. | |
| 229. | Cadmium, crude. | |
* With respect to Lead, pig (ex No. 222) and Zinc, crude, in bars and blocks (ex No. 224) the French Government reserves the right to withdraw the grant of minimum tariff should quota restrictions be suppressed on such products.
3155.—19
SCHEDULE B.
FRENCH ARTICLES ACCORDED THE BENEFIT OF THE AUSTRALIAN INTERMEDIATE TARIFF.
Tariff Items in Australian Customs Tariff
3. Spirits, and spirituous liquors, n.e.i.:—
(a) Brandy—
(1) When not exceeding the strength of proof
(2) When exceeding the strength of proof
(h) Liqueurs—
(1) When not exceeding the strength of proof
(2) When exceeding the strength of proof
8. Perfumed Spirits—
Ex 10. (a) Chloroform, containing not more than 5 per cent, of proof spirit
11. Non-spirituous preparations, viz.:—
(a) Amyl acetate, ethyl acetate, methyl salicylate, vanillin, coumarin; flavouring esters and aldehydes, not compounded.
(b) Flavouring essences, including culinary essences and flavouring extracts; compounded flavouring esters and aldehydes; compounded fruit aromas.
(c) Flavouring esters and aldehydes, not compounded, vanillin and coumarin, for manufacturing purposes, as prescribed by Departmental By-laws.
12. Wine, Sparkling
13. Wine, Still (including Medicated and Vermouth):—
(a) Containing up to and including 35 per cent, of proof spirit—
(2) In bottle
Ex 17. Aerated or Mineral Waters viz.;—Contrexeville, Evian, Perrier, St. Galmier, Vals and Vittel
Ex 51. (c) (3) Sardines, Sardina pilchardus) cooked in oil and preserved in oil (accompanied by a Certificate issued by a Chamber of Commerce or other official authorized body, certifying that the sardines, preserved in oil, have been prepared after being cooked in oil) in sealed tin containers
Ex 54. (a) Petits Pois and Mushrooms
Ex 78. (d) Walnuts, unshelled
Ex 78. (E) Walnut Kernels
94. Soap—
(a) Toilet, Fancy, or Medicated
(b) N.E.I.; Soap Substitutes and Compounded Detergents for washing and cleansing purposes, not including saponaceous disinfectants
105. Piece Goods, viz.:—
(aa) Piece Goods, Knitted or Lock-stitched, in tubular form or otherwise (except piece goods enumerated in item 208 (d) (2)) of any material except when wholly of wool—
(2) Other.
(d) (1) Artificial silk, or containing artificial silk or having artificial silk worked thereon, except piece goods enumerated in sub-items (a) (1) (b), (a) (3), (aa) and (f)—
(b) Other.
(2) Silk, or containing silk or having silk worked thereon, except piece goods enumerated in sub-items (a) (1), (a) (3), (aa), (b), (c), (d) (1), (f), and item 130 (b) (1)
(e) (1) Velvets, Velveteens, Plushes, Sealette and Cloths imitating furs, Astrachans.
(2) Lace for Attire; Lace Flouncings; Millinery and Dress Nets; Veilings; Embroideries in the piece; Tucked Linens or Cottons.
(k) Piece goods of a class or kind not produced in Australia which would otherwise be dutiable at a higher rate than that payable under this sub-item imported for use in the manufacture of neck-ties, as prescribed by Departmental By-laws—
(1) Silk or in chief part by weight silk; wool or in chief part by weight wool and admixtures of wool and silk
(2) Other.
Schedule B—continued.
Tariff Items in Australian Customs tariff.
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
(e) Buckles Clasps and Slides for Hats Shoes and other attire—
(2) Wholly of metal (not being partly or wholly of gold or silver) including metal enamelled
(f) Buttons, n.e.i., including blanks and those partly finished—
(2) Wholly of metal (not being partly or wholly of gold or silver) excepting trouser buttons
107. (a) Woven and Embroidered Materials in the piece or otherwise:—Badges, Hat and Cap Fronts (badged). Medal Ribbons (not being water-waved). Looping for Boots and Shoes; Labels and Hangers for all purposes including plain Hanger Material; Tubular Tie Material in the piece; Galoons Bands or Bandings Tapes and the like having printed woven or embroidered lettering badge trade name or mark or design thereon; Ribbons (not being water-waved) and Galoons having not more than 48 ribs to the lineal inch and being not more than three and a half inches in width; Slipper, Shoe, and Blazer Bindings
(b) Regalia Ribbons for use in the manufacture of Lodge Regalia, as prescribed by Departmental By-laws.
108. (b) Feathers, dressed, including Feathers made up into trimmings; also Natural Birds and Wings
109. Artificial Flowers, Fruits, Plants, Leaves, and Grains, of all kinds and materials
110. (a) Apparel, other than knitted, viz.:—
(5) Costumes, Dresses or Robes, but not including Dresses or Robes for infants in arms, or such articles when not exceeding 22 inches in length, viz.:—
(a) Cotton, linen, or other material n.e.i.
(b) Wool or containing wool
(c) Silk or containing silk but not containing wool
(b) Apparel, knitted, and Apparel made from knitted or lock-stitched piece goods, viz.:—
(1) Blouses, Skirts, Underwear, and Bathing Costumes—
(a) Cotton or other material n.e.i.
(b) Wool or silk or containing wool or silk
(2) Coats, Jumpers, Cardigans, Sweaters, and similar garments—
(a) Girls’ or Boys’, i.e., with chest measurement under 34 inches
(b) Women’s or Men’s, i.e., with chest measurement 34 inches and over
(3) Costumes, Dresses or Robes—
(a) Cotton or other material n.e.i.
(b) Wool or containing wool but not containing silk
(c) Silk or containing silk
(c) Corsets
112. Furs and other Skins and articles made thereof:—
(b) (2) Rabbit Skins dressed or prepared for making up
Ex 113. (b) Kid Gloves
114. Hats, Caps, and Bonnets—
(c) Fur Felt Hats in any stage of manufacture for men and boys, including fur felt hoods therefor
(e) Hoods for girls’ and women’s hats, viz.:—
(2) Fur Felt Hoods and Velour Hoods
(f) (1) Felt capelines for girls’ and women’s hats—
(a) Wool Felt Capelines
(b) Fur Felt Capelines and Velour Capelines
(2) Felt hats for girls and women; Berets; Girls’ and Women’s Caps (other than bathing) of any material; Hats n.e.i.; Bonnets
Schedule B—continued.
Tariff Items in Australian Customs Tariff
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
(2) When containing wool
(f) Quilts, viz.:—Marcella, Honeycomb, Alhambra and Grecian
Ex 197. (b) Butchers’ and Cooks’ Knives
Ex 215. (b) Band Saws
229. Oils in vessels exceeding one gallon—
(h) (2) Olive Oil n.e.i.
Ex 230. Olive Oil
231. Paints and Colours, viz.:—
(b) (1) Barytes, crude
(2) Barytes, ground
(e) Colours, dry, n.e.i., including litharge and sub-oxide of lead
(g) (2) White Lead, dry or ground in oil
232. (a) Varnishes; Varnish and Oil Stains; Lacquers; Japans; Berlin Brunswick and Stoving Blacks and substitutes therefor; Liquid Sizes; Patent Knotting; Oil and Wood Finishes; Petrifying Liquids; Lithographic Varnish; Printers’ Ink Reducer; Terebine; Liquid Dryers; Gold Size; Liquid Stain for Wood
240. (a) Tiles, viz.:—Flooring and Wall, including Glazed, Ceramic, Mosaic, and Enamelled
250. (b) Articles of cut glass, including bottles decanters flasks and jars of cut glass empty or containing goods not subject to an ad valorem duty, and lamps and lampware of cut glass, but not including articles of etched or engraved glass
(c) Glassware n.e.i.
269. (b) Insecticides and Disinfectants n.e.i.
271. (b) Sulphate of Ammonia
281. Drugs and Chemicals, viz.:—
(p) Trisodium Phosphate
290. (c) (1) Perfumery n.e.i.; Petroleum Jelly n.e.i.
(2) Toilet Preparations (perfumed or not) n.e.i.
309. Fancy Goods, viz.:—
(b) Card Cases, Hatpins, Matchboxes, Serviette Rings and Clips, Sovereign Purses, n.e.i.; Button Hooks, Glove Stretchers, Shoe Horns and Lifts, Thimbles, Ivory and other ornamental figures, Feather Dusters; Beads strung or unstrung and Necklets n.e.i., except those made of pearls cultured pearls precious stones precious metals or imitation precious metals
(c) Articles for personal wear, not including articles partly or wholly of gold silver or other precious metal or imitations thereof or partly or wholly of pearls or precious stones or imitations thereof, viz.:—Brooches, Bangles, Studs, Sleeve Links and Tie Clips
(d) N.E.I.
314. Jewellery, commonly known as rolled gold; Jewellery under 9-carat; Imitation Jewellery
318. (a) (3) Clocks n.e.i.; Opera Field and Marine Glasses; Pedometers; Pocket counters and the like
(4) (a) Wristlet watches n.e.i. and cases therefor, viz.:—
(1) Nickel-plated, nickel alloy, chromium-plated, and steel
324. Leather, viz.:—
(c) (1) Patent and Enamelled
(2) Glazed or Mat Kid or substitutes therefor
333. (a) Pneumatic rubber tyres and tubes therefor, valved or unvalved, viz.:—
(1) Covers weighing each 2½ lb. or less and tubes weighing each 1 lb. or less
Schedule B—continued.
Tariff Items in Australian Customs Tariff
334. Paper, viz.:—
(d) (2) Tissue, and Tissue Cap Paper and Paper for paper patterns in sheets or rolls, weight not to exceed 9 lb. for 480 sheets 20 x 30 inches
376. (a) Bags, hand and purse, except of metal; Purses, except of metal; Wallets—
(3) The value for duty of which exceeds 15d. per article but does not exceed 24d. per article
(4) The value for duty of which exceeds 24d. per article
(c) Baskets, sporting, travelling, work and n.e.i.; Companions n.e.i; Boxes and Cases, collar, fancy, pin, puff, glove, handkerchief, soap, work, and the like, n.e.i.
381. Brushware and materials therefor:—
(D) (1) Hair and cloth brushes
(2) Tooth, scrubbing, paint and varnish brushes
(3) Nail brushes
392. Yarns:—
(g) Artificial Silk
413. Pipes, Smoking, n.e.i., Cigar and Cigarette Tubes Holders and Cases, Tobacco and Snuff Boxes, n.e.i., and accessories; Smoking Requisites, including Cases, Tobacco Pouches, Smokers’ Sets, Match Stands, Ash Trays, Smokers’ Lamps, Cigar Stands, and Lighters
419. Surgical and Dental and Veterinary Instruments, Appliances and Materials (but not including furniture not specifically mentioned in this item), viz.:—
(e) (3) X-ray Apparatus and Accessories (including X-ray control stands and X-ray examining tables) n.e.i.
SCHEDULE C.
| Item of the Australian Customs Tariff | Description of Products | Rate of Primage Duty |
| 3. | Spirits, and spirituous liquors, n.e.i.:— | |
| | (a) Brandy— | |
| | (1) When not exceeding the strength of proof | Free |
| | (2) When exceeding the strength of proof | Free |
| | (h) Liqueurs—’ | |
| | (1) When not exceeding the strength of proof | Free |
| | (2) When exceeding the strength of proof | Free |
| 8. | Perfumed Spirits | 5% ad valorem |
| Ex 10. (a) | Chloroform, containing not more than 5 per cent. of proof spirit | 5% ad valorem |
| Ex 12. | Natural Champagne | Free |
| 13. | Wine, Still (including Medicated and Vermouth):— | |
| | (a) Containing up to and including 35 per cent, of proof spirit— | |
| | (2) In bottle | Free |
Schedule C—continued.
| Item of the Australian Customs Tariff | Description of Products | Rate of Primage Duty |
| Ex 17. | Aerated or Mineral Waters, viz.:—Contrexeville Evian, Perrier, St. Galmier, Vals and Vittel | Free |
| Ex 54. (a) (5) | Drained Cherries | Free |
| 69. | Liquorice— | |
| | (b) Crude; Crude Paste; and Block Juice | 5% ad valorem |
| | (c) N.E.I.— | |
| | (1) When the current domestic value, including the inside packages, exceeds 1s. per lb. | 5% ad valorem |
| | (2) Otherwise | 5% ad valorem |
| 94. | Soap— | |
| | (a) Toilet, Fancy, or Medicated | 5% ad valorem |
| | (b) N.e.i.; Soap Substitutes and Compounded Detergents for washing and cleansing purposes not including saponaceous disinfectants | 5% ad valorem |
| 105. | Piece Goods, viz.:— | |
| | (a) (3) Tapestries containing at least 95 per cent, by weight of cotton or linen or cotton and linen | Free |
| | (e) (1) Velvets, Velveteens, Plushes, Sealette and Cloths imitating furs, Astrachans | 5% ad valorem |
| | (2) Lace for Attire; Lace Flouncings; Millinery and Dress Nets; Veilings; Embroideries in the piece; Tucked Linens or Cottons | 5% ad valorem |
| 106. (a) | Cotton Featherstitch Braids; Piping; Tinsel Cloth; Tinsel Belting. having warp or weft composed wholly of tinsel or of continuous threads of tinsel and an alternate thread of textile: Tinsel Thread | 5% ad valorem |
| (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 | 5% ad valorem |
| 106. (e) | Buckles Clasps and Slides for Hats Shoes and other attire— | |
| | (3) Non-metallic, other than those made of glass tinsel or pearl shell, with or without metal fittings or metal fastening devices | 5% ad valorem |
Schedule C—continued.
| Item of the Australian Customs Tariff | Description of Products | Rate of Primage Duty |
| 106. (f). | Buttons, n.e.i., including blanks and those partly finished— (3) Non-metallic, other than those made of glass or tinsel and those specified in paragraph (4) of this sub-item, with or without metal fittings or metal fastening devices; Cloth Covered | 5% ad valorem |
| 107. (a) | Woven and Embroidered Materials in the piece or otherwise:— | |
| | Badges, Hat and Cap Fronts (badged). Medal Ribbons (not being water-waved). Looping for Boots and Shoes; Labels and Hangers for all purposes including plain Hanger Material; Tubular Tie Material in the piece; Galoons Bands or Bandings Tapes and the like having printed woven or embroidered lettering badge trade name or mark or design thereon; Ribbons (not being water-waved) and Galoons having not more than 48 ribs to the lineal inch and being not more than three and a half inches in width; Slipper, Shoe, and Blazer Bindings | 5% ad valorem |
| (b) | Regalia Ribbons for use in the manufacture of Lodge Regalia, as prescribed by Departmental By-laws | 5% ad valorem |
| 108. (b) | Feathers, dressed, including Feathers made up into trimmings; also Natural Birds and Wings | 5% ad valorem |
| 109. | Artificial Flowers, Fruits, Plants, Leaves, and Grains, of all kinds and materials | 5% ad valorem |
| 111. | Articles of natural or imitation hair:— | |
| | (c) Hair Nets, and n.e.i. | 5% ad valorem |
| 112. | Furs and other Skins and articles made thereof:— | |
| | (b) (2) Rabbit Skins dressed or prepared for making up | 5% ad valorem |
| Ex 113. (b) | Kid Gloves | Free |
| 114. | Hats, Caps, and Bonnets— | |
| | (d) Fur Felt Hats in any stage of manufacture for men and boys, including fur felt hoods therefor | 5% ad valorem |
| | (e) Hoods for girls’ and women’s hats, viz.:— | |
| | (2) Fur Felt Hoods and Velour Hoods | 5% ad valorem |
| Ex 114. (f)(2) | Berets | 5% ad valorem |
| Ex 197. (b) | Butchers’ and Cooks’ Knives | 5% ad valorem |
| 128. | Milling Silk | Free |
Schedule C—continued.
| Item of the Australian Customs Tariff | Description of Products | Rate of Primage Duty |
| Ex 215. (b) | Band Saws | 5% ad valorem |
| 229. | Oils in vessels exceeding one gallon— | |
| | (f) (2) Castor | 5% ad valorem |
| | (h) (2) Olive Oil n.e.i. | 5% ad valorem |
| Ex 230. | Olive Oil | 5% ad valorem |
| Ex 231. (a) (1) | Manganese in fine powder form | Free |
| 244. | Glass, viz.:— | |
| | (b) Blanks, fused, for bifocal lenses; and bifocal lenses partly or wholly finished, including such lenses imported in frames | 5% ad valorem |
| | (c) Lenses, edged, for spectacles, except bifocal lenses | 5% ad valorem |
| 255. (c) | Gelatine of all kinds | 5% ad valorem |
| 278. (c) (2) | Carbon Tetrachloride | 5% ad valorem |
| 280. | Drugs and Chemicals, viz.:— | |
| | Ex (b) Salicylate of Soda | 5% ad valorem |
| | (d) (2) Saccharin for all medicinal purposes, as prescribed by Departmental By-laws | Free |
| 281. | Drugs and Chemicals, viz.:— | |
| | Ex (b) (2) Hyposulphite of Soda | 5% ad valorem |
| | (o) Acetyl-Salicylic Acid | 5% ad valorem |
| 285. | Medicines:— | |
| | (a) Pharmaceutical Preparations; Patent and Proprietary Medicines and Drugs, and other Medicinal Preparations, excepting Insulin; Medicinal Extracts other than Liver Extracts; Essences; Juices; Infusions; Tinctures; Solutions; Emulsions; Confections; Syrups; Pills, Tablets, and the like; Capsules; Cachets; Suppositories; Pessaries n.e.i.; Poultices; Salves; Cerates; Ointments; Liniments; Lotions; Pastes and the like; Medicinal Waters; Compounded Medicinal Oils; Medicines for Animals | 5% ad valorem |
| | Ex (b) Vichy Water | Free |
| 290. (c) (1) | Perfumery n.e.i.; Petroleum Jelly n.e.i. | 5% ad valorem |
| (2) | Toilet Preparations (perfumed or not) n.e.i. | 5% ad valorem |
Schedule C—continued.
| Item of the Australian Customs Tariff | Description of Products | Rate of Primage Duty |
| 291. | Timber, viz.:— | |
| | (n) Veneers— | |
| | (1) The value for duty of which does not exceed 25s. per 100 square feet | 5% ad valorem |
| | (2) The value for duty of which exceeds 25s. per 100 square feet | 5% ad valorem |
| 309. | Fancy Goods, viz.:— | |
| | (a) Card Cases, Cigar and Cigarette Cases Tubes and Holders, Hatpins, Matchboxes, Serviette Rings and Clips, Sovereign Purses, Snuff and Tobacco Boxes, partly or wholly of gold or silver except gold or silver plated and rolled gold | 5% ad valorem |
| | (b) Card Cases, Hatpins, Matchboxes, Serviette Rings and Clips, Sovereign Purses, n.e.i.; Button Hooks, Glove Stretchers, Shoe Horns and Lifts, Thimbles, Ivory and other ornamental figures. Feather Dusters; Beads strung or unstrung and Necklets n.e.i., except those made of pearls cultured pearls precious stones precious metals or imitation precious metals | 5% ad valorem |
| | (c) Articles for personal wear, not including articles partly or wholly of gold silver or other precious metal or imitations thereof or partly or wholly of pearls or precious stones or imitations thereof, viz.:—Brooches, Bangles, Studs, Sleeve Links and Tie Clips | 5% ad valorem |
| | (d) N.e.i. | 5% ad valorem |
| 314. | Jewellery, commonly known as rolled gold; Jewellery under 9-carat; Imitation Jewellery | 5% ad valorem |
| Ex 316. | Imitation Reconstructed and Synthetic Precious Stones and Pearls, unset (not being beads) | 5% ad valorem |
| Ex 318 (a) (3) | Opera Field and Marine Glasses | 5% ad valorem |
| 361. | Musical Instruments, parts of, and accessories:— | |
| | Actions in separate parts except Keyboards; Strings; Hammers and Ivories; Handles and Hinges for Pianos; Violin Mutes and Chin Rests; Holders for attaching to Band or Orchestral instruments; Piano Player and similar records for rendering music by mechanical process; as prescribed by Departmental By-laws | 5% ad valorem |
schedule C—continued.
| Item of the Australian Customs Tariff | Description of Products. | Rate of Primage Duty. |
| 362. | Military Band and Orchestral Musical Instruments:— | |
| | Bassoons; Baritones; Bombardons; Bugles; Clarionettes; Cornets; Cornophones; Cor Anglais (Wood); Cymbals; Cor Tenor (Brass); Contra Bassoon (Brass); Doblophones; Drums; Double Basses; Euphoniums; Flutes; Fifes; Harps; Horns, viz., Flugel, French, Koenig Tenor, and Vocal Ballad; Musette; Oboes or Hautbois; Piccoloes; Saxophones; Trombones; Trumpets; Tubas; Triangles; Violins and Violoncellos; Bagpipes; Flageolets | 5% ad valorem |
| 369. | Articles, not included under any other heading in the Tariff, of Celluloid, Xylonite, Synthetic Resin, Caseine or similar materials. Bone, Ivory, Pulp, Papier-mache, Indurated Fibre, or Asbestos | 5% ad valorem |
| 392. | Yarns:— | |
| | (d) Silk or silk in admixture with artificial silk | 5% ad valorem |
| 393. (a) | Crochet, Knitting, Mercerized, and Embroidery Cottons, put up for household purposes | 5% ad valorem |
| Ex 404. | Tissue paper for use in the manufacture of Cigarette Papers, in packets, provided such paper on entry for home consumption be forthwith removed to a factory licensed under the Excise Act, under security* | Free |
| | * Provided that such goods are used for the purpose or purposes specified and that the requirements or conditions of any Security to the Australian Customs, which may be entered into, are fulfilled or complied with. | Free |
| | Manganese in coarse powder form for use in the manufacture of Dry Cells | |
| | Manganese in lump form for use in the manufacture of Dry Cells | Free |
| Ex 413. | Pipes, Smoking, n.e.i. | 5% ad valorem |
| 422. (b) | Manganese Ore | Free |
SCHEDULE D.
| Item of the Australian Customs Tariff | Description of Products | Rate of Duty |
| Ex 404. | Insulators, over 33,000 volts, for use in the manufacture of Switchgear, under security | 15% ad valorem |
| Ex 404. | Insulators, over 33,000 volts, for use in the manufacture of Transformers, under security | 15% ad valorem |
SCHEDULE E.
| Item of the Australian Customs Tariff | Description of Products |
| Ex 10. (a) | Chloroform containing not more than 5 % of proof spirit |
| 11. | Non-Spirituous Preparations, viz.:— |
| | (a) Amyl acetate, ethyl acetate, methyl salicylate, vanillin, coumarin; flavouring esters and aldehydes, not compounded |
| | (b) Flavouring essences, including culinary essences and flavouring extracts; compounded flavouring esters and aldehydes; compounded fruit aromas |
| | (c) Flavouring esters and aldehydes, not compounded, vanillin and coumarin, for manufacturing purposes, as prescribed by Departmental By-laws |
| Ex 17. | Mineral Waters, viz.:— |
| | Contrexeville, Evian, Perrier, St. Calmier, Vals and Vittel |
| Ex 54. (a) | Petits Pois and Mushrooms— |
| | (1) Quarter pints and smaller sizes (2) Half-pints and over quarter-pints (3) Pints and over half-pints (4) Quarts and over pints |
| 105. (aa) | Piece Goods, Knitted or Lock-stitched, in tubular form or other-wise (except piece goods enumerated in item 208 (d) (2)) of any material except when wholly of wool— |
| | (2) Other |
| 107. (a) | Woven and Embroidered Materials in the piece or otherwise— |
| | Badges, Hat and Cap Fronts (badged). Medal Ribbons (not being water-waved), Looping for Boots and Shoes; Labels and Hangers “for all purposes including plain Hanger Material; Tubular Tie Material in the piece; Galoons Bands or Bandings Tapes and the like having printed woven or embroidered lettering badge trade name or mark or design thereon; Ribbons (not being water-waved) and Galoons having not more than 48 ribs to the lineal inch and being not more than three and a half inches in width Slipper. Shoe, and Blazer Bindings |
| 108. (b) | Feathers, dressed, including Feathers made up into trimmings; also Natural Birds and Wings |
| 110. (c) | Corsets |
| 114. | Hats, Caps, and Bonnets— |
| | (c) Fur Felt Hats in any stage of manufacture for men and boys, including fur felt hoods therefor |
| 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, Mantle 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 (2) When containing wool |
| 240. (a) | Tiles, viz.:—Flooring and Wall, including Glazed, Ceramic, Mosaic, and Enamelled |
| 290. (c) (1) | Perfumery n.e.i.; Petroleum Jelly n.e.i. |
| (2) | Toilet Preparations (perfumed or not) n.e.i. |
| 334. | Paper. viz.:— |
| | (d) (2) Tissue, and Tissue Cap Paper and Paper for paper patterns, in sheets or rolls, weight not to exceed 9 lb. for 480 sheets 20 x 30 inches |
Australian Note No. 1.
Prime Minister’s Department,
Trade Treaties,
CANBERRA. F.C.T.,
27th November, 1936.
My dear Consul-General,
On the 27th November, 1936, you kindly addressed me the following communication:
“With reference to the negotiations which have taken place between our two Governments with a view to the conclusion of a Trade Agreement, I have the honour to inform you that, as from a date to be fixed by mutual agreement:
(1) The French Government will accord to the Australian products enumerated in Schedule A annexed to the present Note the duties of the minimum tariff, that is to say, the lowest rates which France accords or may accord to like products from any other foreign country.
(2) As regards the Australian products enumerated in the said Schedule A which are subject to quota restrictions and for which no quota has been allocated to Australia, the French Government will examine with goodwill any request which may be made by the Government of the Commonwealth of Australia with a view to obtaining a percentage of the global quota.
(3) The French Government will suppress:
(a) the exchange surtax of 15 per centum imposed on Australian products by virtue of the Decree of the 11th November, 1931;
(b) the increases to 4 per centum and 6 per centum in the rate of the import tax imposed on Australian products by virtue of Article 32 of the Law of 31st March, 1932;
(c) the special surtaxes of 200 per centum of the general tariff duties imposed on butter fresh, salted or melted (No. 37 of the French Tariff) and on wheat in the grain (ex No. 68 of the French Tariff) originating in or coming from Australia, by virtue of the Decree of the 15th January, 1930, and the Law of 11th January, 1932.
(4) The French Government will guarantee to Australia the undermentioned quotas for the importation of the following products:—
Ex. No. 70. Barley in the grain—
5 per centum of the global quota for each of the four quarters of each year during the currency of the present arrangement
If the quota of 5 per centum does not permit the importation of 20,000 quintals annually of Australian barley into France, the French Government will endeavour to grant a supplementary quota which would ensure an annual importation of this quantity. Should the French Government be unable to grant such a supplementary quota advantages of a corresponding value will be granted to Australia.
Ex. No. 84. Apples and pears, fresh
| First | quarter | —2 per centum of the global quota |
| Second | „ | —4 per centum of the global quota |
| Third | „ | —5 per centum of the global quota |
| Fourth | „ | —2 per centum of the global quota |
The above mentioned quotas on barley, fresh apples and pears will not be reduced, whether the global quota is increased or decreased. This undertaking will not constitute an obstacle to the suppression of quota measures.
A special quota of 1,000 quintals which is not renewable will be granted for fresh apples and pears during the first year of operation of the present arrangement.
The import permits for barley, fresh apples and pears will be valid for 120 days from the date of issue.
The French Government undertakes to issue the import permits for fresh apples and pears in such a manner as to allow the greatest possible importation in the second quarter.
The quotas for barley, fresh apples and pears will be wholly administered by the French Government.
The Schedule—continued.
In consideration of the advantages by which Australian trade will therefore benefit I should be obliged if you would kindly confirm that the Government of the Commonwealth of Australia undertakes, on its part, to accord to French products the following benefits, as from a date to be fixed by mutual agreement:—
(1) All French products shall, on their importation into Australia, be subjected to the lowest Customs duties applicable to like products imported from any other foreign country;
(2) The French products enumerated in Schedule B, annexed to the present Note, shall benefit from the Australian Intermediate Tariff;
(3) The French products enumerated in Schedule C, annexed to the present Note, shall not be subjected to higher primage duties than those set out in the said Schedule;
(4) The French products enumerated in Schedule D, annexed to the present Note, shall not, on importation into Australia, be subjected, during the first year of operation of the present arrangement, to a higher duty than that specified in the said Schedule provided such products are used for the purpose or purposes specified and that the requirements or conditions of any Security to the Australian Customs which may be entered into are fulfilled or complied with, and provided further that after the end of such period the imposition of higher duties on the products enumerated in the said Schedule will be dependent upon an inquiry and report by the Australian Tariff Board;
(5) The stipulations of paragraphs 2 arid 4 shall not be deemed to exempt the said products from liability to sales tax or, except as provided in paragraph 3, from payment of primage duties;
(6) The question of the duties on the French products enumerated in Schedule E, annexed to the present Note, shall be referred (if not already so referred) to the Australian Tariff Board for public inquiry and report;
(7) In connexion with the issue of licences for the importation of products enumerated in Statutory Rules 1936, No. 69 of 22nd May, 1936, French products shall benefit in all respects from the same treatment as those products originating in any other foreign country. Moreover, no special provision liable to prejudice the importation of French products shall appear in those licences.”
I have the honour to acknowledge the receipt of this communication, together with the Schedules annexed thereto, and to inform you that it has the agreement of the Government of the Commonwealth of Australia.
Yours faithfully,
H. S. GULLETT,
Minister directing Negotiations for Trade Treaties.
Monsieur P. Suzor,
Consul-General of France in
Australia.
SYDNEY, AUSTRALIA.
Australian Note No. 2.
Prime Minister’s Department.
Trade Treaties.
CANBERRA. F.C.T.
27th November, 1936.
My dear Consul General,
With reference to the exchange of views which has taken place between our two Governments, on the question of the appellations of origin of French viticultural products, I have the honour to inform you that the Government of the Commonwealth of Australia will use its best endeavours with the viticultural industry in Australia to ensure the marketing of Australian viticultural products in a manner which will proclaim the Australian origin of the product.
It is understood that this undertaking does not refer to viticultural products bearing appellations in which the French Government has no interest.
Yours faithfully,
H. S. GULLETT,
Minister directing Negotiations for Trade Treaties.
Monsieur P. Suzor,
Consul-General of Franco in Australia,
SYDNEY. AUSTRALIA.
The Schedule—continued.
French Note No. 2.
Consulate-General of France in Australia
SYDNEY, 27th November, 1936.
My dear Minister,
On the 27th November, 1936, you kindly addressed me the following communication.
“With reference to the exchange of views which has taken place between our two Governments, on the question of the appellations of origin of French viticultural products, I have the honour to inform you that the Government of the Commonwealth of Australia will use its best endeavours with the viticultural industry in Australia to ensure the marketing of Australian viticultural products in a manner which will proclaim the Australian origin of the product.
It is understood that this undertaking does not refer to viticultural products bearing appellations in which the French Government has no interest.”
I have the honour to acknowledge the receipt of this communication and to inform you that it has the agreement of the French Government.
I desire, nevertheless, to recall that the French Government considers that the use of French appellations of origin should be prohibited, even when accompanied by correctives such as the words, “type”, “kind”, “style” or by the indication of the real district of production.
Accept, my dear Minister, the assurance of my high consideration.
P. SUZOR,
Consul-General of France
The Hon. Sir Henry Gullett, K.C.M.G., M.P.,
Minister directing Negotiations
for Trade Treaties,
CANBERRA, F.C.T., AUSTRALIA.
French Note No. 3.
Consulate General
of France
in Australia.
SYDNEY, 27th November, 1936.
My dear Minister,
With reference to my Notes Nos. 1 and 2 of today’s date, I have the honour to inform you that if, after the present Exchange of Notes is brought into force, the Government of the Commonwealth of Australia should adopt any measure which is considered by the French Government as having the effect of nullifying or impairing, either directly or indirectly, any of the benefits accorded to French products specifically mentioned in the present Exchange) of Notes and its annexes, the French Government shall have the right to propose negotiations. If an agreement is not reached within thirty days following the receipt of such proposal, the French Government shall be free, after the end of such period, to terminate this Exchange of Notes in its entirety on thirty days’ notice.
Accept, my dear Minister, the assurance of my high consideration.
P. SUZOR,
Consul-General of France.
The Hon. Sir Henry Gullett, K.C.M.G., M.P.,
Minister directing Negotiations
for Trade Treaties,
CANBERRA, F.C.T., AUSTRALIA.
The Schedule—continued.
Australian Note No. 3.
Prime Minister’s Department.
Trade Treaties.
CANBERRA, F.C.T.,
27th November, 1936.
My dear Consul-General,
With reference to my Notes Nos. 1 and 2 of to-day’s date, I have the honour to inform you that if, after the present Exchange of Notes is brought into force, the French Government should adopt any measure which is considered by the Government of the Commonwealth of Australia as having the effect of nullifying or impairing, either directly or indirectly, any of the benefits accorded to Australian products specifically mentioned in the present Exchange of Notes and its annexes, the Government of the Commonwealth of Australia shall have the right to propose negotiations. If an agreement is not reached within thirty days following the receipt of such proposal the Government of the Commonwealth of Australia shall be free, after the end of such period, to terminate this Exchange of Notes in its entirety on thirty days’ notice.
The above provisions shall be applicable if, in the event that the importation of wool is subjected to any regulation in France, the proportion of licences allocated for the importation of Australian wool in bulk or on skins (ex No. 23 of the French Tariff) is not considered by the Government of the Commonwealth of Australia as assuring to Australia an equitable share of the permitted imports.
Yours faithfully,
H. S. GULLETT,
Minister directing Negotiations for Trade Treaties.
Monsieur P. Suzor,
Consul-General of France in Australia,
SYDNEY, AUSTRALIA.
French Note No. 4.
Consulate General
of France
in Australia.
SYDNEY, 27th November, 1936.
My dear Minister,
Referring to the Notes exchanged today, I have the honour to inform you that, subject to the provisions of my Note No. 3, the reciprocal concessions set out in the said Notes are accorded for one year. The period of one year shall commence from the date of the provisional application of the present Exchange of Notes, such date to be fixed between the two Governments by mutual agreement. The present Exchange of Notes shall moreover be ratified after approval in Australia by the Parliament of the Commonwealth and in France by the Senate and the Chamber of Deputies. It shall enter into force finally on the day on which the two Governments inform each other of its ratification.
If neither of the two Governments has notified the other, two months before the expiration of the abovementioned period of one year, of its intention to denounce the present Exchange of Notes, the latter shall be continued by tacit agreement for quarterly periods, either Government having the right to terminate it by giving notice at least two months before the expiration of each quarterly period.
Accept, my dear Minister, the assurance of my high consideration.
P. SUZOR,
Consul General of France.
The Hon. Sir Henry Gullett, K.C.M.G., M.P.,
Minister directing Negotiations for Trade Treaties,
CANBERRA, F.C.T. AUSTRALIA.
The Schedule—continued.
Australian Note No. 4.
Prime Minister’s Department,
Trade Treaties.
Canberra. F.C.T.
27th November, 1936.
My dear Consul-General,
On 27th November, 1936, you kindly addressed me the following communication:
“Referring to the Notes exchanged today, I have the honour to inform you that, subject to the provisions of my Note No. 3, the reciprocal concessions set out in the said Notes are accorded for one year. The period of one year shall commence from the date of the provisional application of the present Exchange of Notes, such date to be fixed between the two Governments by mutual agreement. The present Exchange of Notes shall moreover be ratified after approval in Australia by the Parliament of the Commonwealth and in France by the Senate and the Chamber of Deputies. It shall enter into force finally on the day on which the two Governments inform each other of its ratification.
If neither of the two Governments has notified the other, two months before the expiration of the abovementioned period of one year, of its intention to denounce the present Exchange of Notes, the latter shall be continued by tacit agreement for quarterly periods, either Government having the right to terminate it by giving notice at least two months before the expiration of each quarterly period.”
I have the honour to acknowledge the receipt of this communication and to inform you that it has the agreement of the Government of the Commonwealth of Australia.
Yours faithfully,
H. S. GULLETT,
Minister directing Negotiations for Trade Treaties.
Monsieur P. Suzor,
Consul-General of France in Australia,
SYDNEY. Australia.
French Note No. 5
Consulate General
of France
in Australia
Sydney, 27th November, 1936.
My dear Minister,
Referring to the Notes exchanged today, I have the honour to inform you that the provisions contained therein are applicable insofar as France is concerned to the French Customs Territory, that is to say, to metropolitan France, Monaco, Corsica and Algeria. I desire to point out that the French Government is prepared to examine at a later date the possibility of concluding an agreement concerning the commercial relations between Australia and the French Colonies.
Accept, my dear Minister, the assurance of my high consideration.
P. SUZOR,
Consul General of France
The Hon. Sir Henry Gullett, K.C.M.G., M.P.,
Minister directing Negotiations
for Trade Treaties,
CANBERRA, F.C.T., Australia
The Schedule—continued.
Australian Note No. 5.
Prime Minister’s Department.
Trade Treaties.
Canberra. F.C.T.
27th November, 1936.
My dear Consul-General,
On 27th November, 1936, you kindly addressed me the following communication:
“Referring to the Notes exchanged today, I have the honour to inform you that the provisions contained therein are applicable insofar as France is concerned to the French Customs Territory, that is to say, to metropolitan Franco, Monaco, Corsica and Algeria. I desire to point out that the French Government is prepared to examine at a later date the possibility of concluding an agreement concerning the commercial relations between Australia and the French Colonies.”
In acknowledging the receipt of this communication which has the agreement of the Government of the Commonwealth of Australia, I have the honour to inform you that the expression “foreign country”, appearing in the Notes exchanged today, is applicable, in the interpretation of the Government of the Commonwealth of Australia only to countries which are not under the sovereignty, the suzerainty, the protection or mandate of His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India.
Yours faithfully,
H. S. GULLETT,
Minister directing Negotiations for Trade Treaties
Monsieur P. Suzor,
Consul-General of France in Australia,
SYDNEY. AUSTRALIA.
French Note No. 6.
Consulate General
of France
in Australia
SYDNEY. 27th November, 1936.
My dear Minister,
On 27th November, 1936, you kindly’ informed me that the expression “foreign country” appearing in the Notes exchanged today is applicable, in the interpretation of the Government of the Commonwealth of Australia, only to countries which are not under the sovereignty, the suzerainty, the protection or mandate of His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India.
I have the honour to acknowledge the receipt of this communication and to inform you that it has the agreement of the French Government.
Accept, my dear Minister, the assurance of my high consideration.
P. SUZOR,
Consul General of France
The Hon. Sir Henry Gullett, K.C.M.G., M.P.,
Minister directing Negotiations for Trade Treaties,
CANBERRA, F.C.T., AUSTRALIA.