CTHRepealedAct
Customs Tariff Act 1982
Div 11
Start here
Get a plain-English read of Div 11
Turn the raw legal text into a practical explanation grounded in Customs Tariff Act 1982.
DIVISION 11
TEXTILES AND TEXTILE ARTICLES
(a) animal brush making bristles or hair falling within 05.02, and horsehair or horsehair waste falling within 05.03;
(b) human hair or articles of human hair (not being straining cloth of a kind commonly used in oil presses and the like and falling within 59.17) falling within 05.01, 67.03 or 67.04;
(c) vegetable materials falling within Chapter 14;
(d) asbestos falling within 25.24 or articles of asbestos and other goods falling within 68.13 or 68.14;
(e) goods falling within 30.04 or 30.05;
(f) sensitised textile fabrics falling within 37.03;
(g) monofil of which any cross-sectional dimension exceeds 1 mm or strip of a width exceeding 5 mm, being monofil or strip made of artificial plastic material and falling within Chapter 39, or plaits or fabrics of such monofil or strip that fall within Chapter 46;
(h) woven textile fabrics, felt or bonded fibre fabrics, or similar bonded yarn fabrics, that are impregnated, coated, covered or laminated with rubber, or goods made thereof, falling within Chapter 40;
(j) skins with their wool or hair on falling within Chapter 41 or 43;
(k) goods made of furskin, being goods falling within 43.03, or artificial fur or goods made of artificial fur, being goods falling within 43.04;
(m) articles of textile materials falling within 42.01 or 42.02;
(n) goods falling within Chapter 48;
(p) goods falling within Chapter 64;
(q) goods falling within Chapter 65;
(r) goods falling within Chapter 67;
(s) abrasive-coated threads, cords or fabrics falling within 68.06;
(t) glass fibre or articles of glass fibre (not being embroidery with glass thread on a visible ground of fabric) falling within Chapter 70;
(u) goods falling within Chapter 94;
(v) goods falling within Chapter 97.
2\. (1) Where goods of a kind falling within Chapters 50 to 57 (inclusive), (not being goods that are to be treated as twine, cordage, ropes or cables by virtue of note 3) contain 2 or more textile materials, the item that applies to the goods is the item that would apply to the goods if they consisted wholly of that one of the textile materials contained in the goods that constitutes a greater percentage by weight of the goods than any other single textile material.
(a) metallised yarn shall be treated as a single textile material and its weight shall be taken to be the aggregate of the weight of the textile component and the weight of the metal component of the metallised yarn;
(b) metal thread that forms part of a fabric shall be treated as a textile material; and
(c) where goods are constituted, in whole or in part, of 2 or more textile materials that fall within the same item, those textile materials shall be treated as a single textile material.
3\. (1) For the purposes of this Division, yarns (whether single, multiple or cabled) of any of the following kinds shall, subject to sub-notes (2), (3) and (4), be treated as twine, cordage, ropes or cables:
(a) yarn made of silk, noil or other waste silk, being yarn of a weight exceeding 2 g/m (2 000 tex);
(b) yarn made of man-made fibres (including yarn of two or more monofil falling within Chapter 51), being yarn of a weight exceeding 1 g/m (1 000 tex);
(c) yarn made of true hemp or flax—
(i) that is polished or glazed and of which the length per kilogram, multiplied by the number of constituent strands, is less than 7 000 m; or
(ii) that is not polished or glazed and is of a weight exceeding 2 g/m;
(d) yarn made of coir, being yarn consisting of three or more plies;
(e) yarn made of other vegetable fibres, being yarn of a weight exceeding 2 g/m; or
(f) yarn reinforced with metal.
(2) For the purposes of this Division, yarn of any of the following kinds shall not be treated as twine, cordage, ropes or cables:
(a) yarn made of sheep’s or lambs’ wool or of other animal hair and paper yarn, other than yarn reinforced with metal;
(b) continuous filament tow of man-made fibres and multi-filament yarn without twist or with a twist of less than 5 turns per metre;
(c) silk-worm gut, imitation catgut made of silk or man-made fibres, and monofil falling within Chapter 51;
(d) metallised yarn, other than yarn reinforced with metal;
(e) chenille yarn and gimped yarn.
(3) For the purposes of this note, yarn shall be treated as if consisting wholly of that one of the textile materials of which the yarn is constituted that constitutes a greater percentage by weight of the yarn than any other single textile material.
(4) For the purposes of sub-note (3)—
(a) metallised yarn shall be treated as a single textile material and its weight shall be taken to be the aggregate of the weight of the textile component and the weight of the metal component of the metallised yarn; and
(b) where yarn is constituted, in whole or in part, of two or more textile materials that fall within the same item, those materials shall be treated as a single textile material.
4\. (1) Subject to sub-note (2), for the purposes of Chapters 50, 51, 53, 54, 55 and 56, yarn shall be deemed to be put up for retail sale if it is—
(a) in balls or on cards, reels, tubes or similar supports of a weight (including the support, if any) not exceeding—
(i) in the case of flax and ramie—200 g;
(ii) in the case of silk, noil or other waste silk, or continuous man-made fibres—85 g; or
(iii) in any other case—125 g;
(b) in hanks or skeins of a weight not exceeding—
(i) in the case of silk, noil or other waste silk, or continuous man-made fibres—85 g; or
(ii) in any other case—125g; or
(c) in hanks or skeins comprising several smaller hanks or skeins separated by dividing threads that render them independent one of the other and each of uniform weight not exceeding—
(i) in the case of silk, noil or other waste silk, or continuous man-made fibres—85 g; or
(ii) in any other case—125 g.
(2) For the purposes of Chapters 50, 51, 53, 54, 55 and 56, yarn shall be deemed not to be put up for retail sale if it is—
(a) single yarn of any textile material, other than—
(i) single yarn of sheep’s or lambs’ wool or of fine animal hair, being yarn that is unbleached; or
(ii) single yarn of sheep’s or lambs’ wool or of fine animal hair, being yarn that is bleached, dyed or printed and of a length less than 2 000 m/kg;
(b) multiple or cabled yarn that is unbleached and made of—
(i) silk, noil or other waste silk however put up; or
(ii) any other textile material (other than sheep’s or lambs’ wool or fine animal hair) in hanks or skeins;
(c) multiple or cabled yarn of silk, noil or other waste silk that is bleached, dyed or printed and of a length not less than 75 000 m/kg, measured multiple; or
(d) single, multiple or cabled yarn of any textile material that is—
(i) in cross-reeled hanks or skeins; or
(ii) put up on supports or in some other manner indicating its use in the textile industry.
5\. (1) In 55.07, “gauze” means a fabric with a warp composed wholly or in part of standing or ground threads and crossing or doup threads that cross the standing or ground threads making a half turn, a complete turn or more to form loops through which weft threads pass.
(2) In 58.08, “plain” means consisting solely of a single series of regular meshes of the same shape or size without any pattern or filling-in of the meshes, disregarding any minor open spaces that are inherent in the formation of the meshes.
6\. (1) Subject to sub-note (2), for the purposes of this Division, goods shall be deemed to be made up, if they—
(a) have been cut otherwise than into rectangular shapes;
(b) have been made and finished by weaving and ready for use (or simply need separation by cutting dividing threads) and do not require sewing or further fabrication;
(c) have been hemmed or have rolled edges or a knotted fringe at any of the edges;
(d) have been cut to size and have undergone a process of drawn thread work; or
(e) have been assembled by sewing, gumming or otherwise.
(2) For the purposes of this Division, the following goods shall be deemed not to be made up—
(a) fabrics in the piece that have been cut from wider pieces and hemmed or rolled for the purpose only of preventing unravelling;
(b) piece goods consisting of two or more lengths of identical material joined end to end; or
(c) piece goods consisting of two or more fabrics assembled in layers, whether or not padded.
7\. (1) Goods deemed to be made up by virtue of the last preceding note do not fall within Chapters 50 to 57 (inclusive) and, unless the contrary intention appears, do not fall within Chapter 58, 59 or 60.
(2) Goods that fall within Chapter 58 or 59 do not fall within Chapters 50 to 57 (inclusive).
8\. The woven fabrics that fall within Chapters 50 to 57 (inclusive), shall be taken to include fabrics that—
(a) consist of layers of parallel textile yarns superimposed on each other at acute or right angles; and
(b) are bonded at the intersections of the yarns by an adhesive or by thermal bonding.
9\. (1) Where goods of a kind to which an item in Chapters 50 to 63 (inclusive), being an item that is divided into sub-items, applies, contain 2 or more textile materials, the sub-item, paragraph or sub-paragraph that applies to the goods shall, unless the context of that sub-item, paragraph or sub-paragraph otherwise requires, be the sub-item, paragraph or sub-paragraph that would apply to the goods if they consisted wholly of that one of the textile materials contained in the goods that constitutes a greater percentage by weight of the goods than any other single textile material.
(a) metallised yarn shall be treated as a single textile material and its weight shall be taken to be the aggregate of the weight of the textile component and the weight of the metal component of the metallised yarn;
(b) metal thread that forms part of a fabric shall be treated as a textile material;
(c) where goods are constituted, in whole or in part, of 2 or more textile materials that fall within the same sub-item, paragraph or sub-paragraph, those textile materials shall, for the purpose of determining the sub-item, paragraph or sub-paragraph that applies to the goods, be treated as a single textile material; or
(d) the context shall otherwise require where a sub-item, paragraph or sub-paragraph refers to goods consisting wholly of a particular textile material or particular textile materials or containing a specified percentage by weight of a particular textile material or particular textile materials.
10\. In a sub-item in this Division, “wool” includes animal hair.
11\. For the purposes of this Division, “handcrafting yarns” includes yarns for use in hand knitting, macrame, hand weaving, hand knotting and hand knitting machines powered by foot or hand.
12\. (1) For the purposes of this Division, fabric shall be taken to be printed if, and only if, the fabric that—
(a) has been printed in a manner that produces over the whole of the fabric a designed or patterned effect employing contrasts in colours;
(b) complies with the following fastness standards determined by the test methods published by the Standards Association of Australia:
(i) AS2001.4.15 Test A with a minimum standard for change of shade of 3-4; and
(ii) AS2001.4.21 using MBTF lamp with a minimum standard of 3-4; and
(c) has a colour contrast of not less than that shown by Grade 2 on the Standard Textile Grey Scale for assessing change in colour when viewed at a distance of 2 m in accordance with the viewing conditions as set out in Standards Association of Australia Standard AS2001.4.1.
(2) Notwithstanding sub-note (1), fabrics shall not be taken to be printed by reason only of—
(a) the printing of labels or the printing with words, letters, figures, or designs suitable for cutting up into labels;
(b) the printing with markings of any kind that are for identification or distinguishing purposes only;
(c) the printing with markings of any kind solely or principally at or near one or both selvedges;
(d) the printing with markings of any kind, which, excluding unprinted areas within such markings, do not exceed 10% of the total area of the fabric;
(e) the printing in an uninterrupted single colour in a manner so that such printing exceeds 70% of the total area of the fabric; or
(f) the printing solely in white or a shade of white so that it closely resembles the natural colour of the fabric in its grey state.