I move:
(1) That there shall be charged, levied and paid on tobacco imported on or after the 15th day of June, 1966, a duty of customs at the following rates, that is to say:
(a) for every 1b. of unmanufactured tobacco containing 10 per cent or more by weight of moisture —3s 5d,
(b) for every lb. of unmanufactured tobacco containing less than 10 per cent by weight of moisture —3s 9½d,
(c) for every lb. of manufactured tobacco—4s 1?d.
(2) That—
(a) this paragraph applies to manufactured tobacco which was manufactured in, and consigned from, the United Kingdom and was manufactured therein from materials other than materials falling within Tariff Heading number 24.02 in the Schedule to the Imposition of Duties (No. 128) (Customs Duties and Form of Customs Tariff) Order, 1962 (S.I. No. 163 of 1962),
(b) the customs duty on tobacco mentioned in paragraph 1 of this Resolution shall, as on and from the 1st day of July, 1966, be charged, levied and paid on manufactured tobacco to which this paragraph applies at the rate of 3s 5d for every lb. of manufactured tobacco in lieu of the rate chargeable under paragraph 1 of this Resolution,
(c) the provisions of section 8 of the Finance Act, 1919, shall not apply to the duty imposed by this paragraph,
(d) in this paragraph "the United Kingdom" means Great Britain, Northern Ireland, the Isle of Man and the Channel Islands.
(3) That there shall, as on and from the 15th day of June, 1966, be charged, levied and paid on tobacco which is grown in the State a duty of excise at the following rates, that it to say:
(a) for every lb. of unmanufactured tobacco containing 10 per cent or more by weight of moisture—3s 5d,
(b) for every lb. of unmanufactured tobacco containing less than 10 per cent by weight of moisture—3s 9½d,
(c) for every lb. of Cavendish or Negrohead manufactured in bond—3s 5d.
(4) That as respects unmanufactured tobacco delivered from a bonded warehouse to a licensed manufacturer of tobacco on or after the 15th day of June, 1966, the Revenue Commissioners may, subject to compliance by the manufacturers with such conditions for securing payment of the duty as they may think fit to impose, permit the manufacturer to defer payment of the duty charged under paragraph 1 or 3 of this Resolution on the tobacco to a day not later than the last day of the month succeeding the month in which the tobacco is so delivered.
(5) That subject to the provisions of paragraph 6 of this Resolution, there shall be charged, levied and paid on all stocks of tobacco of every description which at five o'clock in the afternoon of the 14th day of June, 1966, are in the ownership or possession of a licensed manufacturer of tobacco and in any place in the State other than a bonded warehouse, a duty of excise, payable by the manufacturer, at the following rate, that is to say:
(a) so far as the stocks consist of unmanufactured tobacco, 3s 5d for every pound weight of the stocks, and
(b) so far as the stocks consist of tobacco (including snuff) other than unmanufactured tobacco, 3s 5d for every pound weight of unmanufactured tobacco from which, in the opinion of the Revenue Commissioners, the stocks were derived.
(6) That the duty imposed by paragraph 5 of this Resolution shall not be chargeable on any manufactured tobacco (including cigarettes, cigars and snuff other than offal snuff) as to which it is shown to the satisfaction of the Revenue Commissioners that it was at 5 o'clock in the afternoon of the 14th day of June, 1966, fully prepared for sale by retail and that either—
(i) it was not the product of any operation carried out by any manufacturer in whose ownership or possession it was at that time; or
(ii) it was at that time held as retail stock in premises used for selling tobacco by retail; or
(iii) it was at that time in transit from seller to buyer under a contract of sale:
Provided that no tobacco shall be deemed for the purposes of this paragraph to have been fully prepared for sale by retail if, according to the ordinary course of business of the person in whose ownership or possession it was or to whom it was in transit, it had still to be subjected to some further process (other than packing) before being sold by him.
(7) That every licensed manufacturer of tobacco shall not later than the 21st day of June, 1966, make a return to the Revenue Commissioners in a form approved by them giving such information as they may thereby require and, in particular, showing the quantities by weight of tobacco of every description in his ownership or possession at five o'clock in the afternoon of the 14th day of June, 1966, in any place in the State other than a bonded warehouse.
(8) That every licensed manufacturer of tobacco shall—
(a) produce, if so required, to any officer of Customs and Excise the trade books and all accounts and documents belonging to or in the possession of such manufacturer which are necessary for verifying the return made in pursuance of paragraph (7) of this Resolution, and
(b) render all reasonable assistance to such officer in the taking of an account of the tobacco which was in the ownership or possession of such manufacturer at five o'clock in the afternoon of the 14th day of June, 1966.
(9) That every licensed manufacturer of tobacco shall, immediately upon making the return required by paragraph (7) of this Resolution or on the 21st day of June, 1966, whichever is the earlier, pay to the Revenue Commissioners the full amount of the duty mentioned in this Resolution on any tobacco which was in his ownership or possession at five o'clock in the afternoon of the 14th day of June, 1966, and was chargeable with the said duty, and the Revenue Commissioners may, if they think fit, defer the payment of the duty to a day not later than the 31st day of December, 1966, upon the manufacturer giving security by bond or otherwise to their satisfaction that such duty will be paid.
(10) That every manufacturer required by paragraph (7) of this Resolution to make such return as is mentioned in that paragraph who either fails to make such a return or makes a return which is incomplete, false or misleading in any material respect or fails or refuses to do anything which he is required by paragraph (8) of this Resolution to do shall be guilty of an offence under the statutes relating to duties of excise and shall for every such offence incur an excise penalty of fifty pounds, and all tobacco in relation to which such offence was committed shall be forfeited.
(11) That where drawback is payable in respect of tobacco on which the excise duty provided for by paragraph (5) of this Resolution has been paid, such drawback shall, to the extent of the duty paid in pursuance of the said paragraph (5) as determined by the Revenue Commissioners, be a drawback of excise.
(12) That the duties imposed by this Resolution shall be in addition to and not in substitution for any other duties chargeable in respect of tobacco.
(13) That section 24 of the Finance Act, 1933 (No. 15 of 1933), shall not apply in relation to the duties imposed by this Resolution.
(14) It is hereby declared that it is expedient in the public interest that this Resolution shall have statutory effect under the provisions of the Provisional Collection of Taxes Act, 1927 (No. 7 of 1927).