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Wharf and Container Park Expenses as at 1st January 2020

Wharf and Container Park Expenses as at 1st January

 

Good morning,

 

Please find attached notification from our container carrier regarding wharf and container park expenses as from 1st January 2020.

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Agricultural Trade Matters, December 2019

Agricultural Trade Matters, December 2019

#AusAgtoAsia – Minister McKenzie’s visit to Japan, Korea and Vietnam

Minister for Agriculture Bridget McKenzie completed a week-long tour to trading partners in Asia at the end of August.

The minister was joined by the head of the Department of Agriculture Daryl Quinlivan, as well as heads of other government departments and agricultural industry representatives, on a trip that aimed to further strengthen our relationships with Japan, Korea and Vietnam.

Amy Fox, head of the Department of Agriculture’s Strategic Trade Policy and North Asia Branch, said that the visit presented a prime opportunity to promote Australia’s food and fibre to some of our largest trading partners.

Read more...

 

The role of trade in regional food security in the Asia-Pacific

Open, efficient and reliable international agricultural and food markets help to manage risks and allow food to move to where it is needed. This in turn improves access to sufficient, safe and nutritious food for people across the world.

This perspective forms a crucial part of Australia’s approach to food security, the focus of the recent Asia-Pacific Economic Cooperation (APEC) Food Security Week and the 5th Food Security Ministerial Meeting in Puerto Varas, Chile.

Food Security Week, held from 15–24 August 2019, saw representatives from all 21 APEC member economies come together to explore approaches to food security.

Read more...

 

New agriculture counsellor Jo Grainger

Jo Grainger will commence as the Minister Counsellor (Agriculture) in Brussels, Belgium, in January 2020.

Jo said she is honoured and excited to represent the Australian agriculture portfolio.

‘I am looking forward to the opportunity to support Australia’s trade to this important market and contributing to the Aus-EU Free Trade Agreement negotiations,’ Ms Grainger said.

Read more...

 

Agricultural trade and investment in India

In recent years Australia has placed an increased focus on improving our trade and investment relationship with India.

The Department of Agriculture’s head of bilateral engagement Jodie McAlister said that with the largest concentration of people on earth, South Asia—particularly India—is too big to ignore.

‘India’s demand for food will outpace its domestic supply out to 2035. We have the opportunity to provide our food and fibre to billions, and we need to work now to be ready to take those opportunities in the future,’ Ms McAlister said.

Read more...

 

Certificate Scanner app adds ease to exporting

Dairy exporters will soon be able to find export information at their fingertips thanks to a new app that can scan QR codes on export certification.

The Certificate Scanner app, which will be available on app stores for Android and iPhone, will let exporters point their phone camera at export certificates to get easy access to details including certificate number, product, exporter, consignee, departure date and current certificate status.

Barbara Cooper, who has been overseeing the department’s Enhanced Traceability Project, said that the app forms part of our commitment to deliver regulatory functions in the most effective and efficient way possible.

Read more...

 

Mentoring future female leaders in Malaysia

From May to September, the Agriculture Counsellor in Kuala Lumpur Enrico Perotti participated in the Malaysia Australia Business Council (MABC) Mentoring Programme.

The program, which targets female MABC members in middle management roles, aims to attract and retain women in the workforce. Mentees are matched with a mentor based on common goals, interests and professions.

All mentees said the program met their expectations, and cited that they valued the knowledge sharing, valuable inputs and guidance, different perspectives, assistance with important decisions, networking and the opportunity to learn from a leader.

Read more...

 

Food safety the focus of bilateral agreement with Taiwan

A new memorandum of understanding (MoU) on food safety between Australia and Taiwan was signed on 29 October 2019 in Taipei, as part of the Bilateral Economic Consultations meeting.

The MoU builds on an existing food and safety agreement and provides a framework through which Australia and Taiwan will exchange information and cooperate on food safety matters.

Head of the Strategic Trade Policy and North Asia branch Amy Fox said that the MoU will help protect the strong economic relationship we have with Taiwan.

Read more...

 

Up to $400k available as a grant to support Australian agricultural trade

Have an idea for a project that will open the door to new trade opportunities and build relationships? You could be eligible for a grant of up to $400,000 (GST excluded).

Our Agricultural Trade and Market Access Cooperation (ATMAC) program is now accepting grant applications.

Apply at grants.gov.au.

 

Events

For coming trade and exhibition events, please go to Austrade's event search.

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Stevedores told to think twice about price hike

Who does this notice affect?

Exporters, importers, freight forwarders, customs brokers and transport operators 

 

Stevedores told to think twice about price hike

 

On August 12 Freight & Trade Alliance (FTA) had a very open and frank meeting with the Hon. Andrew Constance (Minister for Transport and Roads) on the issue of Infrastructure Fees.  The Minister shared our concerns and the impact these fees are having on not only the wider community but also in particular the agriculture exporters.

These issues were again raised with Peter Achterstraat AM (NSW Productivity Commissioner) and his senior advisors  when David Scott (FTA Member Representative Sea Freight / Commercial Freight & Logistics) and Paul Zalai (Director and Co Founder, FTA) met on November 5

Hopefully the media statement issued by Minister Constance is a sign that the message is finally getting through to the various state governments and that a complete review of these fees, as to their structure and how (as well as to who) they are applied needs to be addressed.

The Minister noted 
“Key stakeholders have raised concerns about the impact of increasing port charges in NSW that have potential to drive up the cost of everyday goods, as well as impacting the state’s economy and competitiveness of our exports. 

 
“They have also raised concerns around the frequency and lack of justification for these increased charges passed on by stevedores.” 
 
We look forward to our further discussions with the NSW Productivity Commissioner, as well as the respective Ministers in other states to ensure a national solution is found to these matters.

For background on our work so far please refer below commentary 

 

 

John Park - Head of Business Operations - FTA / APSA

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Biosecurity Import Levy

Biosecurity Import Levy

 

Last week, a contingent of Ministerial appointees to the Biosecurity Levy Steering Committee were hosted by the Hon. Bridget McKenzie (Deputy Leader of the Nationals / Minister for Agriculture) at a function at Parliament House, Canberra.

The Minister  thanked the committee for its report and for the collaborative approach in making its recommendations under the leadership of chair, David Trebeck - refer HERE

Biosecurity Import Levy

 

Last week, a contingent of Ministerial appointees to the Biosecurity Levy Steering Committee were hosted by the Hon. Bridget McKenzie (Deputy Leader of the Nationals / Minister for Agriculture) at a function at Parliament House, Canberra.

The Minister  thanked the committee for its report and for the collaborative approach in making its recommendations under the leadership of chair, David Trebeck - refer HERE

 

 

 

L to R - Paul Zalai (FTA / APSA), Margie Thomson (Cement Industry Federation), Stuart McFarlane (AFIF), Minister McKenzie, Rod Nairn (SAL), Mike Gallacher (Ports Australia), Peter Gneil (AIP) and Dimity McCredie (Cruise Lines Intl Assocn.)

 

 

Ministerial response - an alternate biosecurity levy

 

The Minister has today (11 December 2019) publicly responded to the eight (8) recommendations made by the Biosecurity Levy Steering Committee - available HERE

In doing so, the Minister has officially declared that the Biosecurity Import Levy, as announced in the 2018-19 Budget, will not proceed.

This does mean that it has gone away, simply that it will be replaced by an "alternate biosecurity levy"... stay tuned for more !!

 

Increase in cost recovery fees

 

Importantly, this announcement about the Biosecurity Import Levy should not be confused with an increase in cost recovery fees that has also been announced today by the Department of Agriculture - refer HERE 

NOTE: Freight & Trade Alliance (FTA) will be participating in the Department of Agriculture Cargo Consultative Committee (DCCC) meeting tomorrow to gain more detail on this unexpected increase on existing cost recovery fees.

 

Paul Zalai -  Director and Co-Founder, FTA / Secretariat, APSA

 

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Import Industry Advice Notice 211-2019

Import Industry Advice Notice

211/2019

Changes to biosecurity cost recovery

 

11 December 2019

Import Industry Advice Notice 211/2019

Changes to biosecurity cost recovery

has been published on the Department of Agriculture website and can be accessed via the following link:

https://www.agriculture.gov.au/import/industry-advice/2019/211-2019

Import Industry Advice Notices are available from the Department of Agriculture website at: www.agriculture.gov.au/iian

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Australia loses WTO dumping dispute – implications for a range of Australian dumping duties

Australia loses WTO dumping dispute – implications for a range of Australian dumping duties

Indonesia was last week successful in its World Trade Organisation (WTO) appeal against dumping duties imposed by Australia on Indonesian A4 copy paper.  Australia was found to have imposed dumping duties that were inconsistent with its obligations as a WTO member.  The outcome flowed from the approach adopted by the Anti-Dumping Commission (ADC) – importantly, it is the same approach adopted in respect of most dumping duties imposed on Chinese steel and aluminium products.  This means that the decision could result in Australia having to alter or reinvestigate a wide range of duties.

What is dumping and why is the WTO involved?
Dumping is said to occur when an exporter exports products to Australia at prices that are lower than the "normal value".  The "normal value" is usually the sale price of the same good in the exporter's domestic market.  Dumping is not illegal.  However, where dumping causes material injury to an Australian industry, Australia is permitted under the rules of the WTO to impose dumping duties.

It is important that the requirements of the WTO are met as otherwise the imposition of dumping duties is in breach of the basic WTO principle that all WTO members are afforded the same duty rates (with the main exception being free trade agreements).

Australia has been a very active user of the anti-dumping system to impose dumping duties on a range of products, with the largest category being steel and aluminium products from China.  Those duties can exceed 100% of the value of the goods.

The WTO becomes involved where a country that is the target of dumping duties complains that the duties were imposed outside of the WTO rules.

How did Australia breach the WTO rules?
General approach by the ADC
When calculating dumping duties, the normal comparison is between domestic sale prices and export prices.  The idea is to identify international price discrimination.  However, where there is a "particular market situation" in the exporter's country, the Australian Anti-Dumping Commission (ADC) adopts a different approach.  An example of a "particular market situation" is Government interference in the market for the goods, or materials used to produce the goods.  In respect to Indonesia, the ADC found that the A4 copy paper prices in Indonesia were artificially low due to Government influence on raw materials (pulp) and the provision of subsidies.

Where a particular market situation is identified, the ADC constructs a "normal value" (the comparison value) and instead of using the real cost of production, it substitutes the manufacturer's actual material costs with what it considers to be a benchmark fair market price.  Usually this is a price based on an international index.  However, it only does this with the "normal value" and not the export price.  The export price is still the actual sale price which was naturally based on the low actual material costs.

Under this approach it is easy to find dumping, even if the real domestic sale prices and export prices are identical.  This is because half of the equation, the real domestic sale price, is replaced with a higher price based on the benchmark material costs, not the actual material costs.

Why is this in breach of WTO Rules?
Exporters are very aggrieved by this approach as they argue that if there is a Government influenced low material cost, that influence affects domestic sales and export sales identically.  As a result it is argued that it is still appropriate to compare actual sale figures and not construct an artificial, and higher, "normal value".

The WTO held that while a low cost input can constitute a "particular market situation" and justify the use of a constructed value, this outcome is not automatic.  In each case, the ADC needs to investigate the effect of the particular market situation on the domestic price in comparison to the effect on the export price.  The WTO Panel noted that the low cost input may have a different impact in different markets.  For instance, tight competition in an export market may mean that the manufacturing saving is fully passed on, while lesser competition in the domestic market, may mean that manufacturing profits are increased.

Importantly, the WTO Panel held that if the investigating authority finds that a proper comparison between domestic and export sales is not possible, it is required to give a reasoned and adequate explanation of its conclusion.

In the Indonesian A4 paper case, the ADC didn't even review whether a proper comparison was possible, let alone provide an explanation for its conclusion.

Implications for Indonesian A4 copy paper
The Indonesian Government has reported that Australia will not appeal the decision.  As a result, Australia now has a reasonable time to correct the dumping measures and bring them into line with the WTO Panel finding.  If Australia does not do this, Indonesia can impose retaliatory tariffs.

Implications for other dumping duties
Impact is wide
The impact of this decision will extend beyond Indonesian copy paper to all cases where the ADC has identified a particular market situation and used this finding, without further examination, to construct an inflated comparison value.  This is the case with Chinese steel and aluminium products.  Australia has for many years found that Chinese Government interference in the market for materials used for the manufacture steel and aluminium products constituted a particular market situation.  Australia has then disregarded actual Chinese domestic prices and calculated dumping margins by reference to various commodity indexes.

When doing this, the ADC has not investigated whether the low cost inputs impact Chinese domestic and export sales equally.  It may well be that the impact is equal as the competition in both markets may consist predominately of Chinese suppliers, all with access to the low cost input.  The more generic the product and the greater number of Chinese exporters, the greater the argument will be that the domestic and export prices remain comparable and dumping duties incorrectly imposed.

Existing measures
If Australia accepts the finding of the WTO Panel, and wishes to be a compliant WTO member, it should voluntarily review all past investigations that have used a constructed normal value and assess whether that approach was in accordance with WTO requirements.  This could result in the assessment of reduced dumping margins, or even the finding that there was no dumping.

China was a third party to the WTO proceeding and would be keenly aware of the outcome.  Australia will know that if China is so minded, it will have the ability to bring a successful WTO proceeding.  In this context, it is considered likely that China and Australia will reach a resolution regarding how Australia can bring its existing measures relating to Chinese exports in-line with WTO requirements.

Future reviews and investigations
Exporters and importers involved in future investigations need to fully understand the impact of this case and what is now required of the ADC.

Exporters faced with a finding of a particular market situation should, where appropriate, make a submission regarding the extent to which that situation impacts domestic sales and exports equally.  Doing this in a convincing manner could be the difference between an investigation being terminated with no duties, or the imposition of significant, supply chain ending, dumping duties. 

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Import Industry Advice Notice 204/2019

4 December 2019

Import Industry Advice Notice 204/2019

Updates to the Brown Marmorated Stink Bug (BMSB) methyl bromide and sulfuryl fluoride treatment rates

has been published on the Department of Agriculture website and can be accessed via the following link:

https://www.agriculture.gov.au/import/industry-advice/2019/204-2019

Import Industry Advice Notices are available from the Department of Agriculture website at: www.agriculture.gov.au/iian

Twitter   |   Facebook   |   Website

 

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NNF 2019/288 - Exotic ant detected in Fremantle

NNF 2019/288 - Exotic ant detected in Fremantle

The Government of Western Australia has issues a Media Statement related to red imported fire ant found at Fremantle Port.

State Government authorities are surveying the Fremantle Port and surrounds after an invasive ant species, red imported fire ant, was detected at the facility.

This is the first time red imported fire ant has been found in Western Australia.

The pest poses a significant threat to the environment, agriculture, the economy, human health and Australia's outdoor lifestyle.

To read the Media Statement click https://www.mediastatements.wa.gov.au/Pages/McGowan/2019/11/Exotic-ant-detected-in-Fremantle.aspx

Kind regards,

 

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NNF 2019/283 - Importing hydrochlorofluorocarbon (HCFC) equipment

NNF 2019/283 - Importing hydrochlorofluorocarbon (HCFC) equipment

 

Please note the below changed from 1/1/20 as advised by International Ozone Protection & Synthetic Greenhouse Gas Team, Department of the Environment & Energy.

Rules for importing hydrochlorofluorocarbon (HCFC) equipment are changing on 1 January 2020.

  • From 1 January 2020 importing all types of HCFC equipment (including, for example, HCFC aerosols and HCFC fire protection equipment) will be banned, except in certain circumstances. This includes all equipment that uses HCFCs, even if it does not have gas in it at the time of import.
  • From 1 January 2020, an equipment licence may be granted for import of HCFC equipment only in limited circumstances.
  • From 1 January 2020 low volume imports of HCFC equipment without a licence will no longer be allowed.

Details on our website: environment.gov.au or contact us at  ozone@environment.gov.au or on +61 2 6274 1373

  

Kind regards, 

Phil Gray
Regional Manager Western Australia

 

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NNF 2019/285 - New Scheme to replace NICNAS from 1 July 2020

NNF 2019/285 - New Scheme to replace NICNAS from 1 July 2020

There is now a new Australian industrial chemicals law – the Industrial Chemicals Act 2019. This law creates a new regulatory scheme for the importation and manufacture of industrial chemicals in Australia (to replace NICNAS) from 1 July 2020.

The new scheme is the result of a reform process to improve the regulation of industrial chemicals in Australia.

The main purpose of the new scheme will remain the same — to help protect the Australian people and the environment by assessing the risks of industrial chemicals and providing information and recommendations to promote their safe use.

The new scheme has been designed to be a more risk proportionate regulatory scheme, while maintaining Australia’s robust health, safety and environmental standards.

For more information on why the scheme is changing click https://www.nicnas.gov.au/New-scheme-1-July-2020/Why-is-our-scheme-changing .

In the new year we will work closely with Department of Health to deliver information sessions as required. 

Kind regards,

 

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Changes to import rules for equipment containing ozone depleting substances

 

Changes to import rules for equipment containing ozone depleting substances 

 

Freight & Trade Alliance (FTA) received the below information from the Department of the Environment & Energy in terms of changes from 1 January 2020.

Paul Zalai -  Director and Co-Founder, FTA / Secretariat, APSA

 Rules for importing hydrochlorofluorocarbon (HCFC) equipment are changing on 1 January 2020.

  • From 1 January 2020 importing all types of HCFC equipment (including, for example, HCFC aerosols and HCFC fire protection equipment) will be banned, except in certain circumstances. This includes all equipment that uses HCFCs, even if it does not have gas in it at the time of import.
  • From 1 January 2020, an equipment licence may be granted for import of HCFC equipment only in limited circumstances.
  • From 1 January 2020 low volume imports of HCFC equipment without a licence will no longer be allowed.

 
Details on our website: environment.gov.au or contact us at ozone@environment.gov.au or on +61 2 6274 1373

 

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Commencement of 2019-20 Burnt Pine Longicorn (BPL) flight season measures for vessels

Commencement of 2019-20 Burnt Pine Longicorn (BPL) flight season measures for vessels

Freight & Trade Alliance (FTA) has received advice from the Department of Agriculture that they have published the following Industry Advice Notice in regards the commencement of the 2019/20 Burnt Pine Longicorn (BPL) season

The BPL beetle is likely to enter Australia on vessels, imported timber or machinery and other cargo from New Zealand. Look for adult beetles seeking shelter in dark secluded areas during daylight and in imported cargo or vessels. Adults are active from dusk to dawn and are attracted to light.

The department has developed a BPL webpage to assist vessel masters and crew to detect BPL.

179-2019 - Commencement of 2019-20 Burnt Pine Longicorn (BPL) flight season measures for vessels

It may also be timely to again remind members that you can also subscribe to receive Industry Advice Notices direct from the Department - please see links below 

Import Industry Advice Notices email notification system​

 Import Industry Advice Notices RSS Feed


You may also wish to review the latest issue of Biosecurity Matters 


John Park – Head of Business Operations, FTA / APSA
 

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Australia’s maturation requirements for imported alcohol

 

Australia’s maturation requirements for imported alcohol

 

The Australian Border Force (ABF) recently advised of a consultation paper designed to establish a pathway for the importation of unmatured alcohol products based on grape, sugar-cane or grain mash.  Such a pathway would allow the importation of unmatured alcohol products that are similar in nature to brandy, whisky or rum without evidence of maturation, provided the goods are not described or labelled as ‘brandy’, ‘whisky’ or ‘rum’. 

The ABF had noted in that advice that  consultation forums would be set up to provide a platform for industry to understand the proposed model and be in a better position to make submissions on that model by November 30, 2019. (submissions should be sent to traderevenue@abf.gov.au

Dates, as noted below, for these forums have now been advised. If you cannot attend in person but would like to dial in via teleconference please email the ABF and you will be provided with teleconference details .
Consultation sessions

The ABF will be running consultation sessions from 10.30 am to 12.30 pm as follows:

  • Wagga Wagga - 28 October 2019
    Commercial Club, 77 Gurwood Street, Wagga Wagga
  • Sydney - 31 October 2019
    Customs House, 10 Cooks River Drive, Sydney International Airport
  • Melbourne - 4 November 2019
    Customs House, 1010 LaTrobe Street, Docklands
  • Brisbane - 7 November 2019
    Customs House, 20-22 The Circuit, Skygate, Brisbane Airport

To attend one of the above sessions please RSVP to traderevenue@abf.gov.au by COB Tuesday 22 October 2019
 

John Park - FTA

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FTA / APSA advocacy continues - Biosecurity Import Levy

FTA / APSA advocacy continues - Biosecurity Import Levy

As members will recall, the levy was first announced in the 2018 Federal Budget with an aim to collect $325M over 3 years from a commencement date of 1 July 2019.
 
Since that time there has been significant controversy surrounding 1) how the levy funds will be utilised; and 2) how the levy will be collected.
 
Use of the levy funds
 
Industry representatives have expressed serious concerns that the levy is in fact a tax with funds going into general revenue.
 
Freight & Trade Alliance (FTA) and the Australian Peak Shippers Association (APSA) continue to advocate that revenues collected translate to more frontline resources for the Department of Agriculture, better service levels for our importers, exporters and logistics service providers, as well as delivering real biosecurity outcomes.
 
Levy collection
 
In the event that we are left with the imposition of the levy, the next question remains as to what is the most effective method of collection?
 
The Department of Agriculture received widespread criticism for initial proposals ultimately leading to the former Minister for Agriculture and Water Resources announcing the formation of the Biosecurity Levy Steering Committee tasked with recommending the possible scope and design for the levy.
 
FTA was appointed to the committee and were joined by other leading representative bodies – Ports Australia, the Australian Institute of Petroleum, Cruise Lines International Association, the Australian Federation of International Forwarders, the National Farmers Federation, Shipping Australia, Qube Ports and the Cement Industry Federation.
 
To allow the steering committee adequate time to report and as outlined in this year’s Federal Budget, the government announced a new proposed date of 1 September 2019 and a relatively small loss of revenue associated with this deferred commencement. 
 
Report by the Committee
 
In line with the Steering Committee's responsibilities, a final report was provided to government on 31 May 2019.
 
Recommendations included:
•    that the Biosecurity Levy should be subject to a Regulatory Impact Statement;
•    the creation of a Biosecurity Advisory Council; and
•    an annual Budget-related paper which would provide a full reconciliation of biosecurity-related revenue and expenditure and thereby assist in clarifying how funds are collected and appropriated, and where they are spent.

 
There was also an overwhelming response from industry (steering committee members and respondents to our discussion paper) to move away from the models originally proposed by the Department of Agriculture to a simple administrative collection model against the Full Import Declaration (FID) receipt – the clear underlying message being that if importers have to pay a new levy, they have the right to pay it at a net rate - something that is best achieved via the FID process.
 
Current Status
 
The Ministerial formed steering committee has not received any feedback on its findings nor has industry been given any rationale for the failure to meet the 1 September 2019 deadline.
 
In follow up engagement with the Minister’s office last week, FTA stated that depending on how the levy is to be collected and passed on through the supply chain, adequate notice (suggesting a minimum of 3 months) is required to allow industry participants time to implement systems and to have discussions with customers about potential cost increases.
 
Members will be kept up to date on developments as they come to hand.
 
Paul Zalai – FTA / APSA

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Inspection Fact Sheet with attached list of approved bmsb providors by country

HE ALLIANCE

 

Who does this notice affect?

Customs brokers, freight forwarders, treatment providers and importers

 Inspection Fact Sheets and BMSB updates

 

Freight and Trade Alliance (FTA) in our regular dialogue with the Department of Agriculture ( the department) have been requesting that more detailed information around the BMSB season and particularly the operational and treatment issues are provided to industry by way of the web site.

We have also had discussions with their inspections team as regards delays that members have been experiencing. To that end we can advise that senior management from the department are currently working with both their bookings and inspection teams to minimise delays in allocating inspections.

That said in some cases we have investigated there have been other factors that may have contributed to these delays. To assist members when booking inspections we provide, from the department, the attached fact sheet.

We have also been advised by members that treatment providers offshore are receiving conflicting information from various sources in Australia. We again provide the below links to the published treatment procedures and consignment suitability fact sheets for sharing with your overseas agents and offshore treatment providers.

 Guidance for conducting BMSB Treatments 

Members should also refer to our news campaign on August 27 "BMSB - how to access the latest updates"  that explained how to access these updates and links to appropriate areas of interest.


John Park - FTA 

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Department of Agriculture notices

N THE ALLIANCE

 

Who does this notice affect?

Customs brokers, freight forwarders and importers 

 

Department of Agriculture Notices

 

                                             

Freight and Trade Alliance (FTA) have received advice from the  Department of Agriculture that the below two notices have been posted on their website

Industry Advice Notice (IAN) 149-2019 Changes to inspection procedures on non-viable rice

Imported Food Notice (IFN) 15-19 Formulated supplementary sports food (updated)

Please note you can also subscribe to receive Industry Advice Notices direct from the Department - please see inks below 
 

Import Industry Advice Notices email notification system​

 Import Industry Advice Notices RSS Feed


You may also wish to review the latest issue of Biosecurity Matters 


 
John Park - FTA 

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NNF 2019/238 - Import Industry Advice Notice 150 - 2019

Import Industry Advice Notice 150 - 2019

 

The Department of Agriculture has published Import Industry Advice Notice 150-2019 - Guidance for conducting BMSB Treatments, and is forwarded for your information.

Click HERE to read the full Notice.

Kind regards,

 

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Maersk - Changes to Import demurrage/detention charge calculation

Customer Advisory 

 
Changes to Import demurrage/detention charge calculation



Dear Customer,


We have reviewed our existing Import Detention and Demurrage (D&D) structure, and we’re introducing a change to the way tariffs are applied in Australia.  The new structure will apply to any requests that have an effective date on or after 1st October 2019, while any current Special Freetime deals will be honored until their expiry.


We will change the calculation method for our import detention and demurrage for customers with special extended Freetime from traditional to progressive tier structure. After the extended free time expires, any additional days will be subject to the demurrage and detention charges as per the relevant day count in our tariff tier structure. This means that the subsequent demurrage and detention charges beyond extended free time will not automatically be calculated basing on the tariff's 1st tier.


Example: Free time and tariff table.

Customer has Special Free time of 12 days and returns the container in 23 days, below table indicates the revised free time calculation – Deal Progressive.
 New Tariff 1st New Tariff 1st Oct12345678910111213141516171819202122232425Free$80$12012 x $80                               Current 12345678910111213141516171819202122232425Free$75 per day                           Deal Progressive 12345678910111213141516171819202122232425Free$80$1208 x $803 x $120

For more details about our free time rules in Australia, please refer to “IMPORT” on our local website. 


Our dedicated Sales and Customer Service Teams are here to assist you. Should you have questions on how this change will impact you and your business, please contact us on - au.import@maersk.com


Yours Sincerely,
Maersk

DISCLAIMER
 
 
The information contained in this message is privileged and intended only for the recipients named. If the reader is not the intended recipient or a representative of the intended recipient, any review, dissemination or copying of this message or the information it contains is prohibited. If you have received this message by error, please notify the sender immediately, and delete the original message and attachments.
 
 

 

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NNF 2019/227 - Free Trade Agreements Guidance Information

Free Trade Agreements Guidance Information

The Department of Foreign Affairs and Trade (DFAT) has provided the following guidance document, which summarises information on the origin certification requirements necessary to obtain preferential tariff rates under Australia's Free Trade Agreements.

It is distributed to be used as a guide for importers and service providers.

To download the summary guidance document click HERE.

On another matter, this is a friendly reminder there are only 45 days left until the National Conference and we encourage you to consider attending this important national event.

Join us at the National Conference in Melbourne to catch up with industry colleagues and enjoy the conference theme "The changing face of international trade" which will again provide a fantastic program of high level speakers from the regulatory agencies and industry.

For more information or to register click on below button.

 

This is your industry event and we look forward to your support and attendance.Don't leave your registration to the last minute.

Kind regards,

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NNF 2019/229 - Biosecurity Imports Levy Update

Biosecurity Imports Levy Update

 

As referenced in NNF 2019/105 and other newsflashes on the proposed Department of Agriculture Biosecurity Imports Levy, the CBFCA has responded with a formal submission highlighting our preferred collection model.

The Minister for Agriculture, Bridget McKenzie has released the following media release. 

Biosecurity report under consideration

10 September 2019

A report to the Australian Government released today by Minister for Agriculture, Bridget McKenzie, highlights widespread support in ensuring that Australia’s biosecurity system remains effective in protecting our agricultural industries against the threat of pests and diseases.

Minister McKenzie said the steering committee, led by independent chair David Trebeck, has built on the 2017 Intergovernmental Agreement on Biosecurity Review that recommended a broad based levy on containers,” Minister McKenzie said.

“The committee received and considered 29 submissions in drafting the report which is important because it provides us with the views of our major importers and logistics operators—not just our agricultural sector.

“Our biosecurity system is vital in protecting our environment, human, animal and plant health from damaging pests and diseases that aren’t in Australia.

“The value proposition to the world for our food and fibre exports centres on our safe, clean and sustainable reputation—underpinned by our biosecurity status.

“The size and complexity of the task is increasing—and the risks are real.

“The volume of shipping cargo has increased by more than 30 per cent in the past nine years.

“Mail items from overseas have increased by a staggering 172 per cent in nine years in line with the prevalence of our online shopping habits and we have 60 per cent more people coming through our airports.

“We have a Passenger Movement Charge in place to help meet the cost of screening and inspecting people as they arrive.

“This industry report is a critical piece of the puzzle and the government will respond in due course.

“I want to thank all the members of the Biosecurity Levy Steering Committee for their work, and all who provided input to this report.”

The Biosecurity imports levy: a way forward report is available HERE.

CBFCA Comments

The CBFCA welcomes the release of this report, which is important for affected industries to  understand the options and basis behind the recommendations put forward by the Steering Committee.

At this point we are of the understanding there is no confirmed date of the introduction of such a levy, as the original implementation date of 1 September 2019 has passed, and it will take some time for the Federal Parliament to be in a position to discuss the report.

We will keep you informed of any further developments.

Kind regards,

 

... read more

NNF 2019/224 - BMSB Risk Season Update - 9 day in !

BMSB Risk Season Update - 9 day in !

 

As you are aware the BMSB 2019-20 risk season commenced 1 September 2019 and the heightened biosecurity measures will apply to:

  • certain goods manufactured in, or shipped from target risk countries, and/or
  • vessels that berth at, load or tranship from target risk countries

from 1 September 2019 and that arrive in Australian territory by 31 May 2020 (inclusive). Goods shipped between 1 September and 30 April need to be treated, and will be referred for intervention if they arrive by 31 May 2020.

Full details about the seasonal measures can be found HERE.

Inspection Group Update

We are only nine days into the BMSB risk season, and the biosecurity system appears to be challenged in the Inspections Group. Despite the Department of Agriculture (the department ) providing to the CBFCA their short and long term inspection plans, as referenced in NNF 2019/150, it appears the system is already challenged as members are experiencing longer delays in New South Wales and Victoria to secure inspection bookings at present. Other states are also reporting delays in obtaining inspection bookings.

As the BMSB volumes continue to increase from the additional target high risk countries, the CBFCA is concerned the department will struggle to cope with the demand, which will result in long delays and additional costs to industry.

The CBFCA again expressed our concerns last week at the DCCC meeting, and we will continue to support the department and the Inspections Group to delivery on their short and long term plans, which will hopefully achieve improvements to service delivery during this and future BMSB seasons.

For more information on how industry can help the department click HERE.

Assessment Group Update

The Assessment Group is also starting to be challenged as the volumes continue to increase. The CBFCA recently met with the Assistant Secretary, Assessment and Client Contact Group, and was updated on the developments of internal automation initiatives to be implemented soon, which aim to improve the assessment and processing efficiency. It will be interesting to see if the automation efficiency is enough to cope with the expected 15% to 20 % increase in shipment assessments from the additional target high risk countries. The CBFCA commends the Assessment Group for pushing for automaton to improve assessment and processing efficiency.

To assist the Assessment Group please ensure all documents are lodged correctly and in full, with sufficient time for processing. Tight timeframes may result in high volumes of LRNs to process in unrealistic timeframes and creates delays in the entire clearance process.  Allowing sufficient time for document assessment will assist with a smoother transition of goods on arrival. 

Please also note the priority of an entry will determine its place in the queue and subsequent assessment turn-around time. Early lodgement does not automatically result in early assessment outcomes. The nature of the consignment (perishable/non-perishable goods) and ETA will determine the entry priority.

For more information on how industry can assist the department, click HERE.

If you or your customs compilers that use COLS require more information on how to best utilise COLS, refer to COLS support task cards and video tutorials, full details HERE.

The CBFCA welcomes any automation in the Inspection and Assessment Groups, which is required, as we believe just putting on more resources will not necessary be viable in the future to manage the end to end biosecurity system.

We encourage you to work with the department and your import clients to gain any efficiency in the biosecurity system, which may be challenged again during this BMSB season.

Kind regards,

... read more

NNF 2019/224 - BMSB Risk Season Update - 9 day in !

BMSB Risk Season Update - 9 day in !

 

As you are aware the BMSB 2019-20 risk season commenced 1 September 2019 and the heightened biosecurity measures will apply to:

  • certain goods manufactured in, or shipped from target risk countries, and/or
  • vessels that berth at, load or tranship from target risk countries

from 1 September 2019 and that arrive in Australian territory by 31 May 2020 (inclusive). Goods shipped between 1 September and 30 April need to be treated, and will be referred for intervention if they arrive by 31 May 2020.

Full details about the seasonal measures can be found HERE.

Inspection Group Update

We are only nine days into the BMSB risk season, and the biosecurity system appears to be challenged in the Inspections Group. Despite the Department of Agriculture (the department ) providing to the CBFCA their short and long term inspection plans, as referenced in NNF 2019/150, it appears the system is already challenged as members are experiencing longer delays in New South Wales and Victoria to secure inspection bookings at present. Other states are also reporting delays in obtaining inspection bookings.

As the BMSB volumes continue to increase from the additional target high risk countries, the CBFCA is concerned the department will struggle to cope with the demand, which will result in long delays and additional costs to industry.

The CBFCA again expressed our concerns last week at the DCCC meeting, and we will continue to support the department and the Inspections Group to delivery on their short and long term plans, which will hopefully achieve improvements to service delivery during this and future BMSB seasons.

For more information on how industry can help the department click HERE.

Assessment Group Update

The Assessment Group is also starting to be challenged as the volumes continue to increase. The CBFCA recently met with the Assistant Secretary, Assessment and Client Contact Group, and was updated on the developments of internal automation initiatives to be implemented soon, which aim to improve the assessment and processing efficiency. It will be interesting to see if the automation efficiency is enough to cope with the expected 15% to 20 % increase in shipment assessments from the additional target high risk countries. The CBFCA commends the Assessment Group for pushing for automaton to improve assessment and processing efficiency.

To assist the Assessment Group please ensure all documents are lodged correctly and in full, with sufficient time for processing. Tight timeframes may result in high volumes of LRNs to process in unrealistic timeframes and creates delays in the entire clearance process.  Allowing sufficient time for document assessment will assist with a smoother transition of goods on arrival. 

Please also note the priority of an entry will determine its place in the queue and subsequent assessment turn-around time. Early lodgement does not automatically result in early assessment outcomes. The nature of the consignment (perishable/non-perishable goods) and ETA will determine the entry priority.

For more information on how industry can assist the department, click HERE.

If you or your customs compilers that use COLS require more information on how to best utilise COLS, refer to COLS support task cards and video tutorials, full details HERE.

The CBFCA welcomes any automation in the Inspection and Assessment Groups, which is required, as we believe just putting on more resources will not necessary be viable in the future to manage the end to end biosecurity system.

We encourage you to work with the department and your import clients to gain any efficiency in the biosecurity system, which may be challenged again during this BMSB season.

Kind regards,

... read more

Commencement of 2019/20 BMSB season

 

Who does this notice affect?

Customs Brokers, freight forwarders, master consolidators, depots, transport companies and importers.

 

Commencement of the 2019-2020 Brown marmorated stink bug (BMSB) Risk Season - 1 September 2019

 

Freight & Trade Alliance (FTA) has received advice from the Department of Agriculture that they have published Industry Advice Notice 147 - 2019 in relation to Commencement of the 2019-2020 Brown marmorated stink bug (BMSB) Risk Season - 1 September 2019

Please review this notice and associated links as it may save you time and concerns when shipments arrive.

FTA would like to acknowledge the opportunities the Department has provided FTA and the wider industry to participate in the discussions and planning leading up to this season.

Please note you can also subscribe to receive Industry Advice Notices direct from the Department - please see inks below 
 

Import Industry Advice Notices email notification system​

 Import Industry Advice Notices RSS Feed


You may also wish to review the latest issue of Biosecurity Matters 

John Park – FTA 

... read more

BMSB Update - access the latest updates

 OIN THE ALLIANCE

Who does this notice affect?

Customs Brokers, freight forwarders, importers and master consolidators

 

BMSB Update - access the latest updates

 

Freight & Trade Alliance (FTA) has received advice from the Department of Agriculture that they have published a new web page under the Brown marmorated stink bug (BMSB) web page titled "Preparing to import goods during the 2019-20 BMSB season"

The BMSB pages are continually being updated with new offshore treatment providers as well as new information with regards to issues / guidelines / requirements  surrounding the season that will start on Sunday September 1st.

Members can easily view the latest updates by (1) entering BMSB in the search bar on the home page


then (2) modifying the search range for the latest updates on the rhs of the results page

Accessing this page and sourcing the latest updates may save you the time sending off an email to various mailboxes at the Department and waiting for a reply.

Some of the updates we have noticed are as follows

128-2019 - Treatment requirements for the 2019-20 Brown marm…

2019-20 Brown marmorated stink bug (BMSB) season lodgement

Offshore BMSB treatment providers scheme
 

You may also wish to review the latest issue of Biosecurity Matters 

John Park – FTA 

... read more

BMSB update - Offshore Treatment Provider scheme

 

Who does this notice affect?

Importers, freight forwarders and customs brokers

 

BMSB update - Offshore Treatment Provider scheme

 

Freight & Trade Alliance (FTA) again liaised last week with the Department of Agriculture on Brown marmorated stink bug (BMSB) - summary below:

  • Treatment providers are responsible for registering and applying to be part of the offshore treatment providers scheme.  We understand that the process is relatively straight forward for existing treatment providers. The department wrote to all existing providers almost two months ago and since then has sent reminders to all yet to re-apply. We again recommend that members continue to contact and encourage treatment providers to register and apply;
  • The department is processing renewals and new applications very quickly, provided the applicant submits their application with the required information.  There is no backlog of complete applications awaiting approval;
  • Treatment providers located in non target risk countries are strongly encouraged to renew and/or to register if not previously approved. Treatment certificates from providers in non target risk countries will be accepted by the department  whether they are registered or not.  For those providers not registered the department undertakes additional assessment and verification of the treatment certificates to maintain confidence in them;
  • The list of treatment providers on the department's web site is being updated on a regular basis.
  • All the information/forms on the offshore treatment scheme is on the department web site at  http://www.agriculture.gov.au/import/before/brown-marmorated-stink-bugs/offshore-bmsb-treatment-providers-scheme.  There is a dedicated departmental email inbox for off shore providers to send their applications/ any questions at bmsbtreatments@agriculture.gov.au.

Andrew Crawford - FTA / APSA

 

... read more

NNF 2019/202 - Customs Broker Verification of an Importer's Identity

Customs Broker Verification of an Importer's Identity

The United States Customs and Border Protection (CBP) is publishing a proposed rule to require customs brokers to collect certain information from importers to enable the brokers to verify the identity of importers, including non-resident importers

This rule proposes to amend the U.S. CBP regulations to require customs brokers to collect certain information from importers to enable the customs brokers to verify the identity of importers, including non-resident importers. CBP proposes these amendments, pursuant to section 116 of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), which directs CBP to promulgate regulations to require brokers to verify the identity of the importers who are their clients. 

For more information refer to an article published by American Shipper.

It will be interesting to see if our border agency Department of Home Affairs, Australian Border Force will take interest in this development.

 

Kind regards,

Zoran Kostadinoski
Head of Border and Biosecurity
Regional Manager VIC | TAS |SA, CBFCA

 

... read more

Biosecurity Import Levy - deferred implementation

Biosecurity Import Levy - deferred implementation

 

Further to our commentary from Tuesday 6 August 2019 titled Will common sense prevail on the Biosecurity Import Levy, Freight & Trade Alliance (FTA) has today received confirmation that the 1 September 2019 implementation for the Biosecurity Import Levy is unachievable -  of ongoing concern is that the revised implementation timeframe, quantum and collection mechanism(s) remain unknown.
 
Since 1996/97, our border and biosecurity agencies have been extremely efficient at collecting taxes, levies and import processing charges via the entry / Full Import Declaration – why on earth the government would even consider a deviation from this collection mechanism is staggering.
 
A disastrous result for importers would be to wear the cascading costs of administrative fees through the supply chain should the government revert back to its original models (or a hybrid model collecting some revenue from the FID) by collecting the Biosecurity Import Levy from stevedores and / or shipping lines.
 
This entire management of the levy over the last 16 months has been an example of deplorable public administration - stay tuned for the next chapter in this ongoing saga.
 
Paul Zalai – FTA / APSA

... read more

NNF 2019/194 - Import Industry Advice Notices Note Re BMSB contact details 128-2019

Import Industry Advice Notices - NNF 2019/194 - Import Industry Advice Notices  Note Re BMSB contact details   128-2019

 Just in case you are not subscribed to the Department of Agriculture Import Industry Advice Notices, reef to below recently published notices that may be of interest to you and your clients.

125-2019 - Reminder: Import permits required to import cut flowers and foliage from Kenya, Colombia and Ecuador from 1 September 2019

127-2019 - eCert for Imports: sanitary certificates from New Zealand goes live

128-2019 - Treatment requirements for the 2019-20 Brown marmorated stink bug (BMSB) risk season

129-2019 - The department is implementing a number of new fresh produce commodities onto the Compliance Based Intervention Scheme (CBIS)

 

 

... read more

Will common sense prevail on the Biosecurity Import Levy?

  THE ALLIANCE

 

Who does this notice affect?

Importers, freight forwarders, customs brokers, stevedores, shipping lines, airlines, express couriers, e-commerce providers and Cargo Terminal Operators

 

Biosecurity Import Levy

 

Freight & Trade Alliance (FTA) and Australian Peak Shippers Association (APSA) members have understandably been seeking updates on the proposed Biosecurity Import Levy.

The concern from members and the wider industry is that depending on how the new levy is to be collected and passed on through the supply chain, adequate notice is required to allow industry participants to implement systems and to have discussions with customers about potential cost increases.

While we are unfortunately not in a position to provide definitive answers, we trust that the following provides useful background and the current status of this new levy.

 

Background

 

As members will recall, the Biosecurity Import Levy was announced in the 2018 Federal Budget with an aim to collect $325M over 3 years from a commencement date of 1 July 2019.
 
Since that time there has been significant controversy surrounding the implementation of the levy, ultimately leading to the former Minister for Agriculture and Water Resources announcing the formation of the Biosecurity Levy Steering Committee tasked with recommending the possible scope and design for a levy.
 

As outlined in previous member notices, I was privileged to be appointed by the Minister to participate with eight other industry representatives in the committee led by an independent chair (Mr David Trebeck) and supported by Pegasus Economics.

To allow the steering committee adequate time to report and as outlined in the last Federal Budget, the government announced a new proposed date of 1 September 2019 and a relatively small loss of revenue associated with this deferred commencement.

 

... read more

NNF 2019/189 - ABF Asbestos Position

NNF 2019/189 - ABF Asbestos Position

 

At the recent bilateral meeting in Canberra with the Australian Border Force (ABF), the CBFCA raised concern about what level of evidence is required from importers relative to their declaration responsibilities towards goods containing asbestos.

CBFCA suggested a signed statement from the importer should be acceptable and should extinguish any broker liability around the provision of false or misleading information.

Below is the ABF response on this issue raised.

  • The ABF undertakes a holistic assessment where due diligence and reasonable process applies.
  • The ABF does not publicly disclose information on profiled goods.
  • The ABF website asbestos information page clearly lists recommended measures that the owners of goods can undertake to address the risk of asbestos in imported goods.
  • Notice 2017/21 clearly articulates the obligations of the goods’ owner, as well as Brokers, with respect to Assurances that imported goods do not contain asbestos.
  • Brokers are advised to regularly familiarise themselves with the asbestos information page and 2017/21 Notice to assist with ensuring their clientele’s compliance with the asbestos border control. The asbestos information page is updated from time to time.

 

 

 

... read more

BMSB Seasonal Measures 2019-20

BMSB Seasonal Measures 2019-20

 

The Department of Agriculture have recently released the finalised measures for Brown Marmorated Stink Bug (BMSB)

season 2019-20 and will be effective for goods departing 1stSeptember 2019 – and thatarrive into Australia on or before 31stMay 2020.

 

Season 2019-20 will see these measures applied to certain goods manufactured in or shipped from or transhipped from32 Countries(Japan increased vessel surveillance only).

 

Please take note as this list of countries has increased from 10 to 32 -http://www.agriculture.gov.au/import/before/brown-marmorated-stink-bugs#what-are--the-target-risk-countries

 

 

Certain Tariff Chapters have been categorised astarget high riskgoods and will require mandatory treatment for BMSB risk. Certain Tariff Chapters have been categorised astarget riskgoods and will not require mandatory treatment, but will be subject to increased onshore intervention through random inspection and will be directed for onshore treatment if BMSB is detected. These Tariff Chapters have not changed from the previous BMSB season.

Treatment of cargo

 

  • Containerised cargo arriving in sealed six hard sided containers with target high risk goods can be treated offshore, or onshore at the container level.
  • Deconsolidation or removal of goods will not be permitted prior to treatment. No exemptions for deconsolidation or segregation on arrival will be considered by the department.
  • Offshore treatment of LCL consignments and FAK containers with target high risk goods from target risk countries is preferred.
  • Onshore treatment of LCL consignments and FAK containers with target high risk goods from target risk countries will be permitted at the container level.

 

Treatment providers in target risk countries

 

  • All BMSB treatment providers in target risk countries must first register and be approved under the scheme by the department prior to treatment. Treatments conducted by an unapproved treatment provider in a target risk country will not be recognised as valid and the goods will be subject to onshore treatment (if permitted), or be directed for export.
  • Treatment providers that were registered under the scheme during the 2018-19 season must complete a renewal application for the 2019-20 season. The renewal application and application for new treatment providers is now available on the Offshore BMSB treatment providers scheme page webpage. Please check that your Offshore Treatment Provider has completed a renewal application.

 

 

 

 

The following countries below have been categorised as target risk. This list has increased from 10 countries to 32 countries for this BMSB season – please see the below list .

 

 

Any target high risk or target risk goods which are manufactured in, or shipped from the target risk countries will be subject to BMSB seasonal measures goods departing 1stSeptember 2019 – goods arriving on or before 31stMay 2020

 

Any vessel that berths at, loads or tranships from the target risk countries also subject to BMSB seasonal measures.

 

  • Albania
  • Andorra
  • Armenia
  • Austria
  • Azerbaijan
  • Belgium
  • Bosnia and Herzegovina
  • Bulgaria
  • Canada
  • Croatia
  • Czech Republic
  • France
  • Georgia
  • Germany
  • Greece
  • Hungary
  • Italy
  • Kosovo
  • Liechtenstein
  • Luxembourg
  • Macedonia
  • Montenegro            
  • Netherlands
  • Romania
  • Russia
  • Serbia
  • Slovakia
  • Slovenia
  • Switzerland
  • Spain
  • Turkey
  • United States of America
  • Japan (heightened vessel surveillance will be the only measure applied)
... read more

The unintended outcome of the US China Trade war – Australian manufacturers accuse US exporters of unfair trade practices

 

The unintended outcome of the US China Trade war – Australian manufacturers accuse US exporters of unfair trade practices


In the trade war between the US and China it is the Chinese that are painted by the US as not playing by the rules.  In an ironic turn of events, the Australian Government is now investigating claims that in response to the US China trade war, US suppliers of plastics are engaging in unfair trade practices that is causing harm to Australian manufacturers.

The Australian Anti-Dumping Commission (ADC) has commenced an investigation into the alleged dumping of high density polyethylene exported to Australia from the US, Singapore, Korea and Thailand.  The claim is that the HDPE is being sold to Australian customers at dumped prices, being prices that are less than the price at which the same goods are sold in the exporter's domestic market.  The Australian industry is seeking dumping duties of 28% on HDPE exported from the US.

So what has caused US exporters to allegedly dump goods in Australia?  The Australian industry claims that this is a fall out from the US China trade war.  As part of the trade dispute China has increased tariffs on certain US HDPE to 25%.  Naturally this causes a decrease in Chinese demand for US HDPE.  At the same time, US levels of production of HDPE increased due to new production facilities coming online.  Lower demand and increased production means lower prices.

The Australian industry claims that US suppliers with excess stock are targeting the Australian market as the Australia US Free Trade Agreement both lowers the costs of US imports (no 5% duty) plus there are less non-tariff barriers.

It is also alleged that the imports are not merely coming directly from the US.  Some US HDPE is claimed to be exported first to Singapore where it is repackaged for export to other markets.  It is alleged that US exports to Singapore have increased by 300% .  It is not known whether Singaporean exporters are hiding the US origin of goods when repackaging and exporting to third countries.  We are aware of Chinese exporters seeking to have goods repackaged in Australia for export to the US without disclosure of the Chinese origin of the goods.

It will not be surprising if the claims of the Australian industry prove to be true.  Raising tariffs to 25% will distort trade flows from China to other countries.    For Australian importers this has resulted in lower prices but has allegedly cause loss to the Australian manufacturers.  If dumping duties are imposed US exporters will need to look for another market for HDPE or hope that President Trump can quickly resolve the trade war.

 

What to do now? ... READ MORE

 

 

... read more

Australian Border Force establishes The Customs Group

Creation of The Customs Group

 

Yesterday the Australian Border Force (ABF) announced the establishment of The Customs Group which will be headed by Deputy Comptroller-General of Customs, Dr Bradley Armstrong PSM.

The Group encompasses traveller, trade, customs related policy, and customs related compliance, with a strong focus on industry engagement.

A Modern Slavery and Human Trafficking Branch has also been established in the new Group to address anti-slavery, including migrant worker exploitation, through global supply chains.

We understand that the Customs Group is staffed by a blended team – with ABF officers and Home Affairs employees. Integration will provide an immediate and significant opportunity to better align trade and customs activities.

The full media release can be found HERE  

The updated ABF organisational structure can be found HERE 

 

... read more

NNF 2019/158 - Import Industry Advice Notice 103-2019

BMSB treatment providers scheme and application forms

 The Department of Agriculture (the department) has published Import Industry Advice Notice 103-2019 - 2019-20 Offshore Brown Marmorated Stink Bug (BMSB) treatment providers scheme and application forms, and is forwarded for your information.

 

 

 

... read more

NNF 2019/149 - Customs Tariff Amendment (Craft Beer) Act 2019

Customs Tariff Amendment (Craft Beer) Act 2019

 The Department of Home Affairs (DHA) has published a notice which sets out the changes made by the Customs Tariff Amendment (Craft Beer) Bill 2019 that received the Royal Assent on 5 April 2019.

From 1 July 2019, draught beer in containers between 8 and 48 litres designed to be connected to pressurised gas or pump delivery systems, will be subject to the same rate of excise-equivalent customs duty as draught beer in containers with a capacity exceeding 48 litres.

These changes apply to goods classified to tariff subheadings 2203.00.6 and 2206.00.7 in Schedule 3 to the Customs Tariff Act 1995 (the Customs Tariff Act).

 

 

... read more

NNF 2019/134 - 2019-20 BMSB Seasonal Measures and Information Sessions

  2019-20 BMSB Seasonal Measures and Information Sessions

The Department of Agriculture and Water Resources has published Import Industry Advice Notice 89-2019 - 2019-20 Brown marmorated stink bug (BMSB) seasonal measures. 

For the 2019-20 BMSB risk season, measures will apply to:

  • certain goods manufactured in, or shipped from target risk countries, and/or
  • vessels that berth at, load or tranship from target risk countries from 1 September 2019 and that arrive in Australian territory by 31 May 2020 (inclusive).

We are pleased to advise the department has considered the CBFCA and other industry stakeholders feedback and the final measures include:

  • Addition of an option for containerised target risk goods shipped as less than container load (LCL) and freight of kind (FAK) to be treated onshore. While the department’s preferred position is off shore treatment of such goods, industry strongly supported retaining an on shore treatment option.
  • A revised definition of the end of the BMSB risk season. The season end will be defined as the arrival of goods and vessels in Australia by 31 May. This change is expected to be easier for industry to comply with and for the department to administer. This will avoid the need for industry to submit document in COLS at the end the season to prove the shipped on board date.

The final seasonal measures are available on the BMSB webpage.

The department will host a series of industry information sessions across Australia to further discuss the final measures, and we encourage you to attend the sessions.

As you will recall we continues to lobby at consultative meetings with the department and via a formal submission to the Inspector General of Biosecurity BMSB Review, for further strategic investment in both people and systems improvement, with surge capacity to handle biosecurity ‘emergencies’ while maintaining ongoing business, and providing a reliable service to industry.

For more information about the information session and to view the full notice click HERE 

Kind regards,

 

Zoran Kostadinoski
Regional Manager VIC |TAS | SA, CBFCA

... read more

NNF 2019/132 - China Treatment Provider Certificates

NNF 2019/132 - China Treatment Provider Certificates

China Treatment Provider Certificates

 

We received feedback from members that some regions in China are providing fumigation certificates issued, other than General Administration of Customs of the People’s Republic of China (GACC).

We made the Department of Agriculture and Water Resources aware of this issue and received the following advice back.

We have received word back from our counsellor in China. His team have been in contact with GACC and have advised that there have been no official changes in current requirements for the issuing of treatment certificates from GACC. 

The department continues to recognise GACC as the issuing body for fumigation certificates from China.

Should your members continue to experience issues obtaining GACC fumigation certificates, they should not accept treatment provider issued certificates and should either refer the declaration to the department for assessment or use relevant NCCC / AEPCOMM codes to generate a direction for onshore inspection or treatment of the goods. 

Details of the GACC changes were communicated to industry in IIAN 97/2018 - Changes to Chinese Competent Authority issuing certificates and the security features

 

 

... read more

Vitamins – Classified as a food or medicament – it's off to the High Court

Vitamins – Classified as a food or medicament – it's off to the High Court

In late 2018 the Full Federal Court ruled that VitaGummies should be classified as a duty free medicament and not as food.  The Full Federal Court also held that weight loss gummies that contained garcinia cambogia should also be classified as a medicament.

The decision was important as it widened the scope of goods that could be treated as a duty free medicament rather than a food.  This was particularly the case with the garcinia gummy that was classified as a medicament even though it was found to have no therapeutic benefits.

The Comptroller-General has applied to the High Court for leave to appeal the decision.  The right to have a matter heard by the High Court is not automatic and the High Court will only hear matters of public importance.

Following a hearing on 17 May 2019 the High Court has agreed to hear the matter.  Reasons for the decision to grant leave were not given.  However, the amount of customs duty at issue and the difficulties with administering the Full Federal Court decision were raised by Customs.
The appeal will review both the decision regarding the VitaGummies and the garcinia gummies.

It will take time for the hearing to be held and then further time for a judgement to be delivered.  We expect that the final outcome will be known in 6-12 months.

Of course, if Customs loses the appeal, it could push for the Customs Tariff Act to be amended so that there is no doubt as to the classification or duty treatment of vitamins.  It is highly likely that such a legislative change would only apply to future imports.

Past importers of vitamins and other edible health products should review imports in 2015 that attracted duty and consider whether refund applications should be lodged now on the basis on the Full Federal Court decision.  If those importers wait for the outcome of the High Court case, the 4 year refund time limit will have expired.

Future imports are more difficult. Customs clearly disagrees with the Full Federal Court decision and we understand that tariff advices are being issued stating that vitamins should be classified as food.  It would appear that the expectation of Customs is that importers continue to pay duty and seek refunds should the decision of the Full Federal Court be upheld.

 

... read more

NNF 2019/122 - Conclusion of the 2018-2019 BMSB Risk Season

Conclusion of the 2018-2019 BMSB Risk Season

 

The Department of Agriculture and Water Resources has published Import Industry Advice Notice 76-2019 - Conclusion of the 2018-2019 Brown marmorated stink bug (BMSB) Risk Season.

It is important to note that goods shipped or vessels departed on or before 30 April 2019 that are still en route to Australia, will remain subject to the BMSB seasonal measures on arrival. ICS community protection profiles will remain active until 16 June 2019. To manage these goods, the department will use the shipped on board date to determine if BMSB measures are applicable.

 

 

... read more

Port of Melbourne propose new fee

THE ALLIANCE

Who does this notice affect?

Importers, exporters, customs brokers, shipping lines and freight forwarders

 

Port of Melbourne proposes new fee

 

Freight & Trade Alliance (FTA) and the Australian Peak Shippers Association (APSA) have expressed concern to the Port of Melbourne and Freight Victoria regarding a $15 per TEU increase to wharfage on all full imports intended to fund rail transformation at the Port. The proposal is currently before Freight Victoria and the Hon. Melissa Horne MP for approval, after which time it will be considered by cabinet. The fee will remain for the remainder of the lease period. 

At this stage exports are excluded from the cost recovery proposal. 

The proposal comes after consultation with rail stakeholders in 2018, where there was a clear call for on-dock rail and open access arrangements. 

The proposed model
 
Under the proposed model, the Port of Melbourne will take back leased land from the stevedores and rail terminal operators, giving it back to them for free under a licence agreement. The thinking is that the stevedores and rail terminal operators will then pass on those savings to rail users, making rail more competitive. The Port will re-capture lost rent revenue via this new charge levied to shippers and port users through the proposed increase in wharfage fees.
 
To learn more about the proposed model, the full Port of Melbourne presentation is available https://ftalliance.us6.list-manage.com/track/click?u=e9d77c8ae8&id=11406e349c&e=f62c636f6e .
 
FTA / APSA’s concern with this new model
 

FTA / APSA support rail and the need for a port rail solution but we also need to ensure that any cost imposed on the supply chain is accompanied by real benefits across the supply chain. 

FTA / APSA would like to ensure that:
 

  • stevedores or terminal operators are compelled to pass on the rental savings and lower rail operating costs to users.
  • there is transparency on the investment and recovery by Port of Melbourne under the existing regulatory framework to ensure there is no over-recovery (while the reported cost is $300M, $15 x laden import TEU across the remaining 47 years of the lease would deliver a much higher figure). 
  • cost savings from larger ships calling at the port of Melbourne are passed through to cargo owners. 
  • cargo owners are represented and involved in monitoring the performance of the proposal.


Some members have also expressed concern that, once again, empty containers, under the custody of the shipping lines, are exempt from the cost recovery process. 

Lack of metropolitan rail hubs 

This proposal for a port solution also needs to be considered in the context of the broader rail network. Melbourne does not yet have metropolitan rail hubs in operation servicing the key import catchments including the South East, Truganina and Somerton. So, while all importers will be funding the works, few will be direct beneficiaries until there is access to metropolitan port-rail services.

Until this happens, with the upcoming Biosecurity Levy and infrastructure charges continuing to increase, this is yet another example of rising international supply chain costs.  

Next steps 

FTA / APSA will continue to work with the Port of Melbourne and Freight Victoria on the details of the proposal.
 
While we fully support rail investment and appreciate the significance of rail utilisation as a city port, the cost recovery plan needs to be fair and transparent.
 
We will provide members with further updates as we receive them.

If you have any thoughts in the meantime, please do not hesitate to email me directly at tbrooks-garrett@ftalliance.com.au

 

 

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NNF 2019/112 - EU-Australia Free Trade Agreement (FTA)

Report of the 3rd round of negotiations for a Free Trade Agreement between the European Union and Australia.

Officials from the European Commission and Australia met in Canberra recently for the third round of negotiations for an EU-Australia Free Trade Agreement.

 

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NNF 2019/111 - Import Industry Advice Notice 61-2019

Plant based stock feed BICON permit assessment timeframes

 

The Department of Agriculture and Water Resources has published Import Industry Advice Notice 61-2019 – Plant based stock feed BICON permit assessment timeframes.

To help avoid unnecessary delays, the Department provides some suggestions for the permit applicants.

 

 

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NNF 2019/109 - Understanding the Food Control Certificate

Understanding the Food Control Certificate 

 

The Department of Agriculture and Water Resources has published Imported Food Notice IFN 08-19 – Understanding the Food Control Certificate.

The purpose of this notice is to remind importers of their responsibilities when the department issues them with a Food Control Certificate.

 

 

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NNF 2019/105 - CBFCA Submission - Biosecurity Imports Levy

 

As referenced in national newsflash NNF 2019/080, the Government has change the start date of the 2018-19 Budget, for the implementation of the Biosecurity Imports Levy from 1 July 2019 to 1 September 2019.

This change will allow the industry Steering Committee to make recommendations to the Minister for Agriculture and Water Resources on the design and implementation of the levy.

 

 

 

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NNF 2019/104 - Information on Proposed 2019-20 BMSB seasonal measures

 

Information on Proposed 2019-20 BMSB seasonal measures

 As referenced in NNF 2019/087, the Department of Agriculture and Water Resources hosted a series of industry information sessions and a Webinar for the proposed 2019-20 BMSB seasonal measures.

The sessions provided industry with the opportunity to provide feedback and ask questions about the proposed measures.

We wish to inform you the Department has now created a new webpage Proposed 2019-20 Seasonal measures for Brown marmorated stink bug (BMSB), where you can find more information, including links to the recorded Webinar, presentation and fact sheet.

Any questions relating to the policy for seasonal pests can be emailed to spp@agriculture.gov.au

As referenced in NNF 2019/101, the Department is further consulting with industry on the below proposed measures.

  • Proposed measures for LCL and FAK containers for the 2019/2020 BMSB Season
  • Safeguarding Arrangements Policy for the 2019/2020 BMSM Season

We participated in the Sydney and Melbourne workshops to further discuss the proposed measures.

The Department noted the industry concerns, and is now working hard to finalise the policy by end of May 2019 to provide industry with adequate time to prepare for next season.

The final policy will be communicated by the Department via an import industry advice notice.

We will keep you informed of any further developments as the BMSB seasonal measures will continue to challenge the biosecurity system and industry.

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NNF 2019/088- Import Industry Advice Notice 47-2019

  

Import Industry Advice Notice 47-2019

 

The following information has been published in the Department of Agriculture and Water Resources Import Industry Advice Notice 47-2019 - Unscheduled Service Disruption Impacting Several Systems, Thursday 11 April 2019 (AEST).

View the full Notice below.

 

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NNF 2019/087 - Proposed 2019-20 BMSB seasonal measures

Proposed 2019-20 BMSB seasonal measures

 

As referenced in IIAN 43-2019, the Department of Agriculture and Water Resources hosted a series of industry information sessions and a webinar for the proposed 2019-20 BMSB seasonal measures.

The sessions provided industry with the opportunity to provide feedback and ask questions about the proposed measures. CBFCA representatives attended the sessions and we provide the following summary on the key proposed changes:

  • Target High Risk countries for 2019-2020, going from 9 to 32 in total, plus heightened vessel surveillance for Japan (similar to the current season).
  • Mandatory offshore treatment for less than container load (LCL) consignments and freight of all kinds (FAK) containers of target high risk goods shipped in sealed six sided containers. Note: The Department will undertake further industry consultation on this, and we will participate in any future meetings to represent our members.
  • Heightened surveillance on all roll-on/roll-off (ro-ro) and general cargo vessels will continue to be conducted through additional pre-arrival reporting with a BMSB questionnaire and daily checks conducted by vessel masters.
  • Safeguarding arrangements - the department is working to develop policies to allow for certain goods and supply chains to be recognised under safeguarding arrangements for the 2019–20 season.

More information can be found on Fact Sheet provided by the Department at the sessions. To download the Fact Sheet click HERE.

Any questions relating to the policy for seasonal pests can be emailed to spp@agriculture.gov.au

We were informed the Department will soon be updating the BMSB webpage at www.agriculture.gov.au/bmsb to include the proposed seasonal measures, fact sheet, copy of presentations from the sessions and link to the recorded webinar to support industry in preparation for the next season.

The Department advised industry the additional countries will result in around 10 to 15% increase in volume and they are doing their best to resource relevant areas, but did not provide assurance their client service standards can be met all the time, and industry can expect some delays.

We raised again our concerns related to service delivery, as the biggest impact on members is in the areas of Assessment Services Group, Inspection Services Group and Client Contact Group.  

As referenced in past newsflashes, the Inspector-General of Biosecurity, Dr Helen Scott-Orr conducted an Independent Review of the effectiveness of the Department biosecurity measures to manage the risks of brown marmorated stink bug (BMSB) entering Australia.

We lodged a formal submission and our message was clear:

"If the Department continues to do the same thing, the end result will be same. It is time for a change, and the CBFCA is advocating for modernisation of the service, administration, operations, systems, and not just the Biosecurity Act modernisation, that places more obligation and infringement notice penalties on the biosecurity industry participants".

The CBFCA looks forward to the findings from the review, and we will continue to work with the Department to achieve a win/win outcome, as only in partnership with industry, the biosecurity risks can be managed. 

We will keep you informed of any further developments as the BMSB seasonal measures will continue to challenge the biosecurity system and industry.

 

 

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addition of further European countries and Canada of2019-20 BMSB proposed amendments

ADDITION OF FURTHER EUROPEAN COUNTRIES AND CANADA OF 2019-20 BMSB PROPOSED AMENDMENTS 

Please find attached the latest update on the proposed amendments for the BMSB season

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Biosecurity Import Levy - deferred to 1 September 2019

Biosecurity Import Levy - deferred to 1 September 2019

 

Following last night’s Federal budget, we draw to members' attention the detail that the 1 July start date for the imposition of the Biosecurity Imports Levy has been officially deferred.

The government has announced a new proposed date of 1 September 2019 and a relatively small loss of revenue associated with this deferred commencement.


 

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Important Update on Tobacco Import Regime

Important Update on Tobacco Import Regime and Future Tobacco Importation Requirements

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