Safeguarding of Industries Act 1921

JurisdictionUK Non-devolved
Citation1921 c. 47


Safeguarding of Industries Act, 1921

(11 & 12 Geo. 5.) CHAPTER 47.

An Act to impose duties of customs on certain goods with a view to the safeguarding of certain special industries and the safeguarding of employment in industries in the United Kingdom against the effects of the depreciation of foreign currencies, and the disposal of imported goods at prices below the cost of production, and for purposes connected therewith.

[19th August 1921]

Most Gracious Sovereign,

We , Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled, with a view to the safeguarding of certain special industries and the safeguarding of employment in the United Kingdom against the effects of the depreciation of foreign currencies and the disposal of imported goods at prices below the cost of production, have freely and voluntarily resolved to give and grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I

Part I.

Safeguarding of Key Industries.

Safeguarding of Key Industries.

S-1 Charge of customs duties on goods in Schedule.

1 Charge of customs duties on goods in Schedule.

(1) Subject to the provisions of this Act, there shall be charged, levied, and paid on the goods specified in the Schedule to this Act, on the importation thereof into the United Kingdom, duties of customs equal to one-third of the value of the goods.

(2) Where any other duties of customs, not being duties chargeable under Part II. of this Act, are chargeable in respect of any goods chargeable with duty under this section, duty under this section shall not be charged except in so far as the amount thereof exceeds the amount of those other duties.

(3) No duty shall be charged under this section on goods which are shown to the satisfaction of the Commissioners to have been consigned from and grown, produced or manufactured in the British Empire, and for the purposes of this subsection goods shall be deemed to have been manufactured in the British Empire which would be treated as having been so manufactured for the purposes of section eight of the Finance Act, 1919 , (which relates to Imperial preference), and that section shall apply accordingly.

(4) Where an imported article is a compound article of which an article liable to duty under this section is an ingredient or forms part, no duty shall be charged under this section in respect of the compound article if the compound is of such a nature that the article liable to duty has lost its identity, and any dispute as to whether an article has lost its identity shall be determined in like manner as disputes as to whether goods are goods specified in the Schedule to this Act.

(5) For the purpose of preventing disputes arising as to whether any goods are or are not any goods chargeable with duty under this Part of this Act, the Board may from time to time issue lists defining the articles which are to be taken as falling under any of the general descriptions set out in the said Schedule, and where any list is so issued defining the articles which are to be taken as falling under any such general description, the said Schedule shall have effect as if the articles comprised in the list were therein substituted for that general description.

Every list issued under this section shall be published forthwith in the London, Edinburgh, and Dublin Gazettes, and in such other manner as the Board think proper.

If within three months after the publication of any such list any person appearing to the Board to be interested delivers to the Board a written notice complaining that any article has been improperly included in, or excluded from, the list, the Board shall refer the complaint to the arbitration of a referee, to be appointed by the Lord Chancellor, who shall not be an official of any Government department, and the decision of the referee shall be final and conclusive, and the list shall be amended so far as is necessary in order to give effect to the decision, without prejudice, however, to the validity of anything previously done thereunder.

II

Part II.

Prevention of Dumping.

Prevention of Dumping.

S-2 Power of Board of Trade to apply Part II. to certain goods.

2 Power of Board of Trade to apply Part II. to certain goods.

(1) If, on complaint being made to the Board to that effect, it appears to the Board that goods of any class or description (other than articles of food or drink) manufactured in a country outside the United Kingdom are being sold or offered for sale in the United Kingdom—

(a ) at prices below the cost of production thereof as hereinafter defined; or

(b ) at prices which, by reason of depreciation in the value in relation to sterling of the currency of the country in which the goods are manufactured, not being a country within His Majesty's Dominions, are below the prices at which similar goods can be profitably manufactured in the United Kingdom;

and that by reason thereof employment in any industry in the United Kingdom is being or is likely to be seriously affected, the Board may refer the matter for inquiry to a committee constituted for the purposes of this Part of this Act:

Provided that the Board shall not so refer any matter involving a question of depreciation of currency unless they are satisfied that the value of the currency of the country in question in relation to sterling is less by thirty-three and one-third per cent., or upwards, than the par value of exchange.

(2) The Board, on referring any such matter to a committee, shall direct that the committee shall report also on the effect which the imposition of a duty under this Part of this Act on goods of any particular class or description would exert on employment in any other industry being an industry using goods of that class or description as material.

(3) If the committee report that as respects goods of any class or description manufactured in any country the conditions specified in subsection (1) are fulfilled the Board may, after taking into consideration the report, if any, made under subsection (2) by order apply this Part of this Act to goods of that class or description if manufactured in that country:

Provided that—

(a ) no order shall be made under this section applying this Part of this Act to goods of any class or description unless the committee to whom the matter has been referred under this section have reported that in their opinion production in the industry manufacturing similar goods in the United Kingdom is being carried on with reasonable efficiency and economy; and

(b ) no such order shall be made which is at variance with any treaty, convention or engagement with any foreign state in force for the time being.

(4) If at the time when it is proposed to make any such orders the Commons House of Parliament is sitting or is separated by such an adjournment or prorogation as will expire within one month, the drafts of the proposed orders shall be laid before that house and the orders shall not be made unless and until a resolution is passed by that House approving of the drafts either without...

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