S.I. No. 262/1970:

MERCHANDISE MARKS (RESTRICTION ON SALE OF IMPORTED MEN'S AND BOYS' OUTER GARMENTS) ORDER, 1970.

MERCHANDISE MARKS (RESTRICTION ON SALE OF IMPORTED MEN'S AND BOYS' OUTER GARMENTS) ORDER, 1970.

I, PATRICK J. LALOR, Minister for Industry and Commerce, having considered a report of the Merchandise Marks Commission under section 7 of the Merchandise Marks Act, 1931 (No. 48 of 1931), on an application for a restriction on sale order in relation to goods specified in paragraph 4 of this Order, and having complied with section 14 of that Act, hereby, in exercise of the powers conferred on me by section 8 of that Act (as amended by section 7 of the Merchandise Marks Act, 1970 (No. 10 of 1970)), order as follows:--

1. This Order may be cited as the Merchandise Marks (Restriction on Sale of Imported Men's and Boys' Outer Garments) Order, 1970.

2. This Order shall come into operation on the 1st day of August, 1971.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. This Order applies to imported men's and boys' outer garments standing classified on the date of the making of this Order in the first column of the Schedule to the Imposition of Duties (No. 159) (Customs Duties and Form of Customs Tariff) Order, 1966 ( S.I. No. 132 of 1966 ), at tariff heading numbers 61.01 (B) and 61.01 (C).

5. Subject to paragraph 7 of this Order, the sale or exposure for sale by wholesale or retail in the State of goods to which this Order applies is hereby prohibited unless the goods bear at the time of sale or exposure for sale an indication of origin consisting of the words "Made in" (or other words in English denoting manufacture) followed by the name in English of the country in which the goods were manufactured.

6. (1) An indication of origin marked on goods pursuant to this Order shall be marked legibly and conspicuously on a durable label sewn or otherwise securely affixed to the goods.

(2) Subject to subparagraph (3) of this paragraph, the label required by subparagraph (1) of this paragraph shall be affixed to the goods in such a position that it can be found and read at the time of sale or exposure for sale without difficulty and, if any other label or a tag or ticket is affixed to the goods, as easily as that other label or that tag or ticket.

(3) If the indication of origin marked on goods pursuant to this Order is not readily visible at the time of sale or exposure for sale, an additional such indication shall be provided that is so visible.

7. This Order shall not apply to--

( a ) goods manufactured within the State which have been re-imported,

( b ) goods to which section 18 of the Finance Act, 1938 (No. 25 of 1938), or section 18 of the Finance Act, 1946 (No. 15 of 1946), applies,

( c ) goods to which paragraph 22 of the Imposition of Duties (No. 159) (Customs Duties and Form of Customs Tariff) Order, 1966 ( S.I. No. 132 of 1966 ) applies.

GIVEN under my Official Seal, this 16th day of November, 1970.

PATRICK J. LALOR,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The Order prohibits the sale or exposure for sale of imported men's and boys' outer garments unless they bear an indication of the country of origin. The Order does not apply to used garments, re-imports, articles for international airports or ship-building yards and articles designed for use by blind persons.