QUO FA T A F U E R N T BERMUDA CUSTOMS TARIFF AMENDMENT ACT 2015 2015 : 7 TABLE OF CONTENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Citation Amends section 5 Amends section 11 Amends First Schedule: certain live plants, mushroom spawn and strawberry plants Amends First Schedule: petroleum oils Amends Fifth Schedule: concessionary duty rate on petroleum oils Amends Fifth Schedule: goods for museums, scientific research etc Amends Fifth Schedule: local food production, manufacturing and packaging Amends Fifth Schedule: miscellaneous Amends Sixth Schedule Inserts Seventh Schedule Amends Consular Relations Act 1971 Consequential amendments, repeals and revocations Validation and consequential repeal of certain private enactments Commencement WHEREAS it is expedient to amend the Customs Tariff Act 1970 and make consequential provision, and to validate customs duty relief granted under certain private enactments and to repeal those enactments; Be it enacted by The Queen s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows: Citation 1 This Act may be cited as the Customs Tariff Amendment Act 2015. 1
Amends section 5 2 (1) In section 5 of the Customs Tariff Act 1970 ( the principal Act ), after subsection (2) insert (3) The Seventh Schedule (which provides miscellaneous reliefs in respect of goods brought back to Bermuda and warranty replacements) has effect. (2) In consequence of that amendment in sections 5(4) and 13(1) delete or Sixth and substitute, Sixth or Seventh ; in section 12(1), after Sixth insert or Seventh. Amends section 11 3 (1) In section 11 of the principal Act, after subsection (5) insert (5A) The surcharge imposed on goods entered pursuant to section 18 of the Revenue Act 1898 (packages with unknown contents) shall be two per centum (2%) of the duty imposed under section 2(2). (2) In section 11(6) of the principal Act delete the definition of discharge and substitute discharge means proper entry for home use; diversion to home use; and (c) export; ; at the end of the definition of duty suspension arrangements insert (e) release of goods before entry and payment of duty under section 18 of the Revenue Act 1898;. Amends First Schedule: certain live plants, mushroom spawn and strawberry plants 4 In Heading 06.02 of the First Schedule to the principal Act (certain live plants) in tariff code 0602.200 (trees, shrubs and bushes which bear edible fruit or nuts), delete the rate of duty 33.5% and substitute 0% ; delete tariff code 0602.900 (other) and substitute Heading Tariff Code 0602.90 Unit for Duty Unit of Rate of Classification Duty 2
0602.901 --- Mushroom spawn value 1. kg 0% 0602.902 --- Strawberry plants value 1. kg 0% 0602.909 --- Other value 1. kg 33.5% Amends First Schedule: petroleum oils 5 In Heading 27.10 of the First Schedule to the principal Act (c) delete the rate of duty 0.57 for tariff code 2710.120 (light oils and preparations) and substitute 0.62 ; delete the rate of duty 0.17 for tariff code 2710.191 (kerosene etc) and substitute 0.22 ; delete the rate of duty 0.37 for tariff code 2710.192 (gas oils, diesel) and substitute 0.42. Amends Fifth Schedule: concessionary duty rate on petroleum oils 6 In the Fifth Schedule to the principal Act in CPC 4701 (concessionary rate on petroleum oils for Bermuda Hospitals Board) delete the rate of duty 23 per l and substitute 28 per l ; in CPCs 4702, 4703, 4704 and 4705 (concessionary rate on petroleum oils for hotels and BELCO) delete the rate of duty 9.5 per l and substitute 14.5 per l. Amends Fifth Schedule: goods for museums, scientific research etc 7 (1) In the Fifth Schedule to the principal Act, insert the following new CPCs in appropriate numerical order Description Goods for museums CPC 4216 1. The goods must be imported and used only for the purposes of public exhibition or display by an approved organisation; or restoration of buildings on premises leased, owned or held in trust by an approved organisation (with the previous written sanction of the Minister of Finance); or 3
(c) development, enhancement or conservation of any public exhibition or display promoted by an approved organisation; or (d) the feeding of animals forming part of any public exhibition or display promoted by an approved organisation. 2. In this CPC approved organisation means an organisation approved by the Minister by notice published in the Gazette (which shall not be subject to parliamentary scrutiny). CPC. Description CPC 4217 Goods for ocean scientific research, environmental protection or education 1. Goods must be imported and used by an approved organisation for the purposes of ocean scientific research, environmental protection or education. 2. In this CPC approved organisation means an organisation approved by the Minister by notice published in the Gazette (which shall not be subject to parliamentary scrutiny). CPC.. (2) In consequence, repeal the following CPCs in the Fifth Schedule CPC 4132 (Bermuda National Trust); CPC 4136 (artwork for public exhibition); 4
(c) (d) (e) CPC 4139 (Bermuda Zoological Society); CPC 4184 (St George s Foundation); and CPC 4199 (Bermuda Society of Arts). Amends Fifth Schedule: local food production, manufacturing and packaging 8 (1) In the Fifth Schedule to the principal Act, insert the following new CPC in appropriate numerical order Description Goods for commercial food production CPC 4215 1. Goods must be imported and used only in connection with the local commercial production of animal or vegetable products for human consumption. 2. Goods must be approved by the Director of Environmental Protection. 3. In this CPC animal or vegetable products means fresh meat and meat offal; fresh fish and crustaceans, molluscs and other aquatic invertebrates; (c) dairy produce, birds eggs, natural honey, and other products of animal origin; (d) fresh vegetables, roots and tubers; or (e) fresh fruits and nuts; production includes fishing, production by natural processes, and production by mechanical means. CPC. (2) In consequence of new CPC 4215 (goods for commercial food production), repeal the following CPCs in the Fifth Schedule CPC 4101 (equipment used in the poultry industry); 5
(c) (d) (e) (f) CPC 4102 (machinery used in the dairy industry); CPC 4103 (commercial fishing equipment and bait); CPC 4104 (aqua culture equipment); CPC 4146 (extracts, essences or concentrates); CPC 4174 (farm commodities). (3) In the Fifth Schedule to the principal Act, delete CPCs 4151 and 4153 and substitute Description Plastic articles for the conveyance or packing of local products or manufactures CPC 4151 Duty Rate 15% Goods of heading 39.23 1. Goods must be imported and used only for the conveyance or packing of animal or vegetable products produced locally for human consumption, or locally manufactured goods. 2. In this CPC animal or vegetable products means fresh meat and meat offal; fresh fish and crustaceans, molluscs and other aquatic invertebrates; (c) dairy produce, birds eggs, natural honey, and other products of animal origin; (d) fresh vegetables, roots and tubers; or (e) fresh fruits and nuts; manufacture means the process of converting raw materials, components, or parts into finished goods for use or sale, and includes the preparation of foodstuffs and beverages; production includes fishing, production by natural processes, and production by mechanical means. CPC. 6
Description CPC 4153 Paper packing containers for the conveyance or packing of local products or manufactures Goods of heading 48.19 1. Goods must be imported and used only for the conveyance or packing of animal or vegetable products produced locally for human consumption, or locally manufactured goods. 2. In this CPC animal or vegetable products means fresh meat and meat offal; fresh fish and crustaceans, molluscs and other aquatic invertebrates; (c) dairy produce, birds eggs, natural honey, and other products of animal origin; (d) fresh vegetables, roots and tubers; or (e) fresh fruits and nuts; manufacture means the process of converting raw materials, components, or parts into finished goods for use or sale, and includes the preparation of foodstuffs and beverages; production includes fishing, production by natural processes, and production by mechanical means. CPC. Amends Fifth Schedule: miscellaneous 9 (1) In the Fifth Schedule to the principal Act, delete CPC 4127 and substitute Description Goods for the U.N. Development Programme and Commonwealth Fund for Technical Co-operation project CPC 4127 7
1. The goods must be used only in connection with a project arranged with The United Nations Development Project; or The Commonwealth Fund for Technical Cooperation. 2. The goods must be approved by the Secretary to the Cabinet. CPC. (2) In the Fifth Schedule to the principal Act, delete CPC 4119 and substitute Description Vessels (articles and parts) CPC 4119 Goods of headings 89.01 through 89.08 inclusive, and articles and parts thereof The goods must be owned or leased by the Government; or for commercial fishing or scientific research (or for hire or reward for these uses) to the satisfaction of the Director of Environmental Protection. CPC. (3) In the Fifth Schedule to the principal Act, insert the following new CPCs in appropriate numerical order Description Fuel for commercial fishing vessels CPC 4218 8
Goods of tariff codes 2710.120 and 2710.192 Description CPC 4219 Goods must be imported or taken out of a bonded warehouse and used only in a fishing vessel licensed under regulation 5 of the Fisheries Regulations 2010 by a person who is registered under regulation 12 of those Regulations and certified as a full-time commercial fisherman by the Director of the Department of Environmental Protection. CPC. Fuel for commercial tour boats Goods of tariff codes 2710.120 and 2710.192 1. Goods must be imported or taken out of a bonded warehouse and used only in an island boat by a person who has been issued with an island boat licence under regulation 4 of the Marine Board (Island Boats) Regulations 1965. 2. The Collector of Customs shall not issue an authorisation to import goods or take goods out of a bonded warehouse which qualify for this relief during the months of January, February, March, April, November and December in any given year. 3. In this CPC, island boat has the meaning prescribed in the Marine Board (Island Boats) Regulations 1965. CPC. (4) In the Fifth Schedule to the principal Act, in CPC 4201 (poppies) 9
(5) spent under the heading, delete Bermuda War Veterans Association and substitute ; under the heading End-Use Conditions, at the end insert or the Royal British Legion. In the Fifth Schedule to the principal Act, repeal the following CPCs which are (c) (d) (e) (f) CPC 4121 (radios etc); CPC 4133 (information material); CPC 4137 (material used in construction of the National Sports Centre); CPC 4138 (telecommunications equipment for amateur radio operators); CPC 4162 (films); CPC 4171 (Bermuda Homes for People Ltd). Amends Sixth Schedule 10 At the end of paragraph 1 of the Sixth Schedule to the principal Act (authorisation of temporary importation relief) insert (4) The Collector of Customs in issuing an authorisation may make it subject to such other conditions as he considers appropriate for protecting the revenue, and may in particular impose conditions requiring the holder to take such measures as would enable the Collector of Customs to trace the goods (including conditions as to the marking of goods); as would enable the Collector of Customs to carry out any checks which he considers necessary to ensure that the goods are not used or disposed of in a manner not authorised by the conditions of their temporary importation. Inserts Seventh Schedule 11 After the Sixth Schedule to the principal Act insert 10
SEVENTH SCHEDULE (Section 5(3)) RELIEFS FOR MISCELLANEOUS GOODS GENERAL PROVISIONS Authorisation 1 (1) A person within the description of an eligible beneficiary in the Table of Miscellaneous Reliefs with respect to any miscellaneous relief may apply for authorisation to import goods which qualify for that miscellaneous relief, by completing a customs declaration form and by specifying the customs procedure code relating to the specific miscellaneous relief. (2) The Collector of Customs may grant such application and issue an authorisation or he may refuse it. (3) It shall be a condition of every authorisation that the holder shall comply with the conditions and observe the restrictions and specific controls and diversion provisions applicable to the goods set out in the Table of Miscellaneous Reliefs. Interpretation 2 The descriptions of goods in the Table of Miscellaneous Reliefs are included for reference purposes only and do not have the force of law. Description CPC 4323 TABLE OF MISCELLANEOUS RELIEFS Goods brought back to Bermuda produce or manufactures of Bermuda 1. The goods must be goods produced or manufactured in Bermuda. 2. The goods must not be goods for which any drawback has been received. The importer must provide proof to the satisfaction of the Collector of Customs that the goods were produced or manufactured in Bermuda and are being returned. 11
CPC. Description CPC 4324 Goods brought back to Bermuda duty paid goods 1. The goods must be goods on which the import duties have been paid. 2. The goods must not be goods for which any drawback has been received. 3. Ownership of the goods must still remain in the person on whose account the goods were exported. Notwithstanding any of the foregoing provisions of this CPC, where any repairs or improvements have been made to the goods, the usual import duty on the cost of such repairs or improvements must be paid. CPC. Description CPC 4325 Goods brought back to Bermuda warranty repairs 1. The goods must be goods on which the import duties have been paid. 2. The goods must not be goods for which any drawback has been received. 3. Ownership of the goods must still remain in the person on whose account the goods were exported. 4. The goods 12
must be covered by a warranty that applied at the time of importation into Bermuda, that, if the goods should be found to be defective within a certain time, the goods would be repaired free of charge; and must have been exported from Bermuda for the purpose of being repaired under that warranty. 5. In this CPC "to repair" goods of which a part only is, or parts only are, defective includes restoring the goods to working order by replacing that part or those parts. CPC. Description CPC 4326 Warranty replacements 1. The original goods must be goods on which the import duties have been paid. 2. The original goods must not be goods for which any drawback has been received. 3. The original goods must have been exported from Bermuda for the purpose of being repaired or replaced; or destroyed to the satisfaction of the Collector of Customs; or (c) abandoned to the government. 4. In this CPC original goods means goods to which, a warranty applied at the time of importation into Bermuda, that, if the goods should be found to be defective within a certain time, the goods would either be repaired free of charge or replacement goods would be substituted free of charge; 13
replacement goods means identical or similar goods in substitution for the original goods under the relevant warranty. CPC. Amends Consular Relations Act 1971 12 In section 7(1) of the Consular Relations Act 1971, delete gasolene and oils falling within items 332.13, 332.26, 332.29 and 332.55 of Division 33 and substitute goods of heading 27.10. Consequential amendments, repeals and revocations 13 (1) The following Orders (which are superseded by amendments to the Fifth Schedule to the principal Act in section 9) are revoked (c) the Customs Duty (Commercial Fishermen) (Diesel Fuel) Remission Order 2006; the Customs Duty (Commercial Tour Boat Operators) Remission Order 2007; and Customs Duty (Commercial Fishermen) (Gasoline Fuel) Remission Order 2010. (2) In consequence of new CPCs 4216 and 4217 inserted into the Fifth Schedule to the principal Act by section 7, the Third Schedule to the Municipalities Act 1923 (goods exempt from wharfage) is amended as follows in paragraph 2 (i) (ii) delete 4132, 4136, 4139 ; delete and 4204 and substitute, 4204, 4216 and 4217 ; in paragraph 7 repeal the reference to the following enactments: Biological Station Act 1927, Bermuda Maritime Museum Association Act 1978 and Bermuda Underwater Exploration Institute Act 1992. (3) Section 79 of the Revenue Act (goods brought back to Bermuda), which is superseded by the new Seventh Schedule to the principal Act inserted by section 11, is repealed. Validation and consequential repeal of certain private enactments 14 (1) Any relief from customs duty which was granted by the Collector of Customs before the commencement of this Act pursuant to any of the relevant private enactments shall be deemed to have been validly granted. 14
(2) The relevant private enactments are (c) (d) section 4 of the Biological Station Act 1927; section 8 of the Bermuda Maritime Museum Association Act 1978, as inserted by section 3 of the Bermuda Maritime Museum Association Amendment Act 1982 and substituted by section 8 of the Bermuda Maritime Museum Association Amendment Act 2013; section 11 of the Bermuda Fine Art Trust Act 1982, as inserted by section 2 of the Bermuda Fine Art Trust Amendment Act 1992; section 7 of the Bermuda Underwater Exploration Institute Act 1992. (3) The relevant private enactments (which purported to provide exemptions from customs duty and are superseded by new CPCs 4216 and 4217 inserted into the Fifth Schedule to the principal Act by section 7) are repealed. Commencement 15 This Act comes into operation on 1 April 2015. [Assent Date: 29 March 2015] [Operative Date: 01 April 2015] 15