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NNF 2017/287 - VICT Landside Update - 6 December

VICT Landside Update - 6 December

 

The following update has been provided by Victorian International Container Terminal (VICT) an is forwarded for your information.

Issued:  6  December 2017

The illegal MUA picket remains at Webb Dock in Melbourne blocking access to the VICT.  Despite best efforts, no trucks have been allowed through to pick up containers since Monday 27 November.

VICT is continuing to pursue all legal avenues to have the picket removed.

No storage charges will be applied to containers for the duration that cargo is stuck at the terminal due to this illegal picket. 

VICT continues to open the gates every day in an attempt to service our customers but is being prevented from doing so.

Updates will be promptly communicated through the 1-Stop VBS notification system. 

CBFCA recommends that you work closely with your shipping line and transport operator to co-ordinate the collection of any containers stuck at VICT.

 

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Free Trade Agreement Checklist for Customs Brokers and Freight Forwarders

Free Trade AGreement Checklist for Customs Brokers and Freight Forwarders

Not all Australian exporters take advantage of Free Trade Agreements (FTAs) and therefore miss the opportunity to reduce the landed cost of goods in export markets where we have preferential trade deals. Intermediaries, such as freight forwarders and customs brokers, play a vital role in facilitating international trade and are uniquely positioned to assist exporters in providing the necessary documentation.

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Singapore Australia Free Trade Agreement (SAFTA) ICS technical issues

Singapore Australia Free Trade Agreement (SAFTA) – ICS technical issues

 

 

Freight & Trade Alliance (FTA) has received the following advice from the Department of Immigration and Border Protection (DIBP).
 
Paul Zalai – FTA / APSA
 
Due to technical difficulties, documentation relating to the Agreement to Amend the Singapore-Australia Free Trade Agreement will not be available on the Department's website when the agreement enters into force on 1 December 2017.

·Reporting parties claiming preferential duty for 'Singapore-originating goods' under the new Rules of Origin (RoO) are advised to use the newly created ICS preference scheme type "SFTA"  and "WO – Wholly Obtained" "WP – Wholly Produced" or "PSR – Product Specific Rule" as applicable preferential rule codes.

·Reporting parties claiming preferential duty for goods that are 'the produce or manufacture of Singapore' under the original RoO should continue to use the original ICS preference scheme type "SG".

The product specific rules (PSR) for this agreement are available at: http://dfat.gov.au/trade/agreements/safta/official-documents/Pages/default.aspx.  Tariff classifications under which 'Singapore-originating goods' are not entitled to a free rate of duty and the duty rates which apply is available in Schedule 4A of the online tariff, available at: https://www.border.gov.au/Busi/cargo-support-trade-and-goods/importing-goods/tariff-classification-of-goods/current-tariff-classification.

It is expected that the DIBP Notice and associated procedural guidance documents will be available on the Department's website by mid-December 2017. For urgent enquiries, please contact trade.agreements@border.gov.au.

 
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Import Industry Advice Notice 113/2017

30 November 2017

Import Industry Advice Notice 113/2017

Brown Marmorated Stink Bug (BMSB) Risk Season 2017-18 recent detections and alert for importers receiving containerised goods from Italy

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

Marmorated Stink Bug (BMSB) Risk Season 2017-18 recent detections and alert for importers receiving containerised goods from Italy

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DP World Infrastructure Surcharge Increase 1st January 2018

DP World Infrastructure Surcharge Increase

1st January 2018

Important Customer Pricing Notice:

DP World is increasing its Infrastructure Surcharge in Melbourne, Sydney and Brisbane commencing 1st January 2018.  The surcharge applies to all full containers received via road or rail from its terminals.

 

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Updated Packing Declaration Templates

Updated Packing Declaration Templates

Further to the Department of Agriculture and Water Resources (the department) Import Industry Advice Notice 101-2017 – Implementation of revised Minimum Documentary and Import Declaration Requirements and Non Commodity Information Requirements Policies, we would like to remind you the department has now updated the packing declaration templates.

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DPWA increase infrastructure charges: Sydney, Melbourne and Brisbane

 

JOIN THE ALLIANCE

 

 

DPWA announce further increases to infrastructure charges, ignore ACCC concerns

 

 

Freight & Trade Alliance (FTA) and the Australian Peak Shippers Association (APSA) have received formal advice from D.P. World Australia (DPWA) that they will be increasing their "infrastructure charges" for all full import and export containers in Sydney, Melbourne and Brisbane, the country's largest container ports.

The increases are significant:

·Melbourne: $49.20 per container - notification available HERE

·Sydney: $37.65 per container - notification available HERE

·Brisbane: $38.75 per container - notification available HERE


These changes are to take effect from 1 January 2018.

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DAWR Christmas Hours 2017

DAWR Christmas Hours

Please see details below received from the DAWR office in Western Australia as to their operating hours this Christmas / New Year period. Also please note the change of hours to front counter access - note this change has been flagged to those attending the front counter for some time by way of published notices on site.

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Implementation of revised Minimum Documentary and Import Declaration Requirements and Non Commodity Information Requirements Po

 Implementation of revised Minimum Documentary and Import Declaration Requirements and Non Commodity Information Requirements Policies

Implementation of revised Minimum Documentary and Import Declaration Requirements and Non Commodity Information Requirements Policies

 

 

The Department of Agriculture and Water Resources recently published Industry advice notice 101-2017 http://www.agriculture.gov.au/import/industry-advice/2017/101-2017
 
Please note the below highlighted key points that may need consideration/action:-
 

·Bamboo packaging is aligned with other packaging materials and may be released if appropriately treated - this means that revised consignment specific and annual packing declarations will be implemented on 20 November 2017.

 

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Stevedoring Monitoring Report 2017

Stevedoring Monitoring Report 2017

 

 

JOIN THE ALLIANCE

 

 

FTA / APSA advocacy on stevedore Infrastructure Surcharges

 

The Australian Competition and Consumer Commission (ACCC) have today released their annual Container stevedoring monitoring report with their chairman, Mr Rod Sims, making a covering statement as outlined below.

 

We are pleased to note the ACCC's clear acknowledgement that "New Infrastructure Charges raise issues for the port supply chain"

The ACCC have also submitted that:

· "It appears that a key reason for the charges is for the stevedores to restructure their revenues away from their shipping line customers and towards the transport sector."

·"It remains to be seen how this may impact transport operators, however it is concerning that they are limited in being able to switch stevedores in response to higher prices.

·"It is likely that the new infrastructure charges will result in shippers paying more to transport goods".

While the ACCC has provided no indication that they will directly intervene in the immediate term, FTA / APSA praise the ACCC for acknowledging the significant impacts of these charges.

It is clearly an unfair, uncompetitive and unsustainable commercial practice, at the gateway of Australia's international trade task. As an industry we need the support of the ACCC and the relevant Minister on this matter.

FTA / APSA has engaged a competition lawyer to support our work in this area and we will keep members abreast of developments as they emerge.

Travis Brooks-Garrett - FTA / APSA 

 

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NNF 2017/256 Import Industry Advice Notices 99-100-101

NNF 2017/256 Import Industry Advice Notices 99-100-101

Import Industry Advice Notices-2017

 

The following information has been provided by the Department of Agriculture and Water Resources in the below Import Industry Advice Notices and is forwarded for your attention.

99-2017 – Brown Marmorated Stink Bug (BMSB) Risk Season 2017-18 – Extension of treatment window for some break bulk cargo ex-Italy

100-2017 – Delayed implementation of new import conditions for cut flowers entering Australia

101-2017 – Implementation of revised Minimum Documentary and Import Declaration Requirements and Non Commodity Information Requirements Policies

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Damages of almost $1 million awarded against a forwarder for issuing a misleading bill of lading

Damages of almost $1 million awarded against a forwarder for issuing a misleading bill of lading

Damages of almost $1 million awarded against a forwarder for issuing a misleading bill of lading


Freight forwarders that issue bills of lading (BOL) need to take extreme care to ensure that their house BOL is not misleading to third parties. 

In a recent case, a Court found that a freight forwarder had mislead a finance company by representing that its house BOLs were the only BOLs that applied to the shipment. 

 

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Import Industry Advice Notice 96-2017

18 October 2017

Import Industry Advice Notice 96/2017

Changes to import conditions for feathers and manufactured articles containing feathers

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

http://www.agriculture.gov.au/import/industry-advice/2017/96-2017

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

 

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NNF 2017/244 Import Industry Advice Notice 95-2017

NNF 2017/244 Import Industry Advice Notice 95-2017

The following information has been provided by the Department of Agriculture and Water Resources in Import Industry Advice Notice  95-2017 - Reforms to Australia’s illegal logging laws and is forwarded for your attention.

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ACFS - Infrastructure Levy

ACFS - Infrastructure Levy in Melbourne and Port Botany

 

Freight & Trade Alliance (FTA) has received advice from ACFS that they will be implementing an "FCL Container Infrastructure Levy" in Melbourne and Port Botany AND an "FAK Cargo Infrastructure Levy" nationally - both will be effective from Monday 13 November 2017.
 

·Qube Logistics - International Terminal Fee - effective 6 November 2017 (National)

·ANJ Container Services – Infrastructure Levy - effective 6 November 2017 (Port Botany)

·Price & Speed – Infrastructure Levy - effective 6 November 2017 (Port Botany)

·Trojan Bond - Infrastructure Levy - effective 13 November 2017 (Port Botany)

·ACFS - Infrastructure Levy - effective 13 November 2017 (National)

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NNF 2017/220 Import Industry Advice Notice 91/2017

NNF 2017/220 Import Industry Advice Notice 91/2017

Brown Marmorated Stink Bug Risk Season 2017-18

The following information has been provided by the Department of Agriculture and Water Resources (the department) in Import Industry Advice Notice 91-2017 – Brown Marmorated Stink Bug risk season 2017-18 and is forwarded for your attention.

The department  has implemented additional measures every year since 2014 to manage the seasonal risk of BMSB infestations in sea cargo arriving at Australian ports.

 

 

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NNF 2017/211 Update on Storage Declaration for wooden manufactured articles

Further to NNF 2017/174 Clarification on Storage Declaration for wooden manufactured articles, members have experienced ongoing confusion as to the need to present a storage declaration for FCL consignments treated in a container.

To address this issue the CBFCA has been in contact with the Plant Import Operations and Assessment Services Group at the Department of Agriculture and Water Resources and we agreed to update the Timber and timber products BICON case to clarify the departments position by including the following Warnings and Information Notice to facilitate clearance.

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Asbestos Importation Services

Following our recent conversation on the 16th August and as requested, please find attached information on our Asbestos Importation Services.

360 Environmental has been granted exemption by the Senator the Hon Michaelia Cash to import asbestos samples for the purpose of analysis. Accordingly if any of your importers are concerned to the potential for breaching the asbestos prohibited Imports regulations please feel free to pass on our details.

In the meantime if you experience any prohibited import asbestos situations in Australia, especially involving the Australian Border Force please feel to contact as we have specialists available to assist.

Since 31 December 2003, Australia has banned the importation, manufacture and use of asbestos and asbestos

containing materials. In Australia, the importation of asbestos containing materials is prohibited under

Regulation 4C of the Customs (Prohibited Imports) Regulations 1956

 

 

 

.

It is the responsibility of importers to ensure they do not import or export prohibited goods and materials

containing asbestos.

SO WHAT IS THE PROBLEM?

Despite Prohibited Import Regulations, there

are still frequent situations where asbestos

containing material are imported into Australia

Quality Control standards and integrity of the

material or equipment can change with time,

especially when sourced from suppliers in

developing countries

The definition of what is ‘asbestos free’ in one

country is

 

 

not the same as ‘asbestos free’ in

another

Quality Assurance processes and asbestos free

certification by overseas manufacturers cannot

always be relied upon

OUR SOLUTION

We have a clear understanding of the requirements and expectations of the Department of Immigration and

Border Protection concerning asbestos assurance programs.

The following services can be provided for the

purposes of importation products into Australia:

Testing for asbestos content prior or post

shipping the goods to Australia

Initial Site Audits during fabrication

Asbestos Awareness Sessions at Project Start

Up and Material Procurement

Regular Risk Assessments and Quality Assurance

processes will that take into account:

Identifying asbestos-risk activities from

manufacturer

The raw materials used in fabrication

Source of the raw materials

 

Kindest Regards

 

 

Paul Birch

Asbestos and Hazardous Materials Consultant

360 Environmental Pty Ltd

a 10 Bermondsey Street West Leederville 6007

PO Box 14 West Perth WA 6872

t (+618) 9388 8360 f (+618) 9381 2360

e paulbirch@360environmental.com.au

w www.360environmental.com.au

 

 

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Productivity Commision Inquiry - Collection Models for GST on Low Value Imported Goods

Productivity Commission Inquiry- Collection Models for GST on Low Value Imported Goods

As the result of the legislation passed by Government that GST would be collected on low value imported goods effective from 1 July 2018 the Treasurer directed the Productivity Commission (the Commission) to undertake an Inquiry into collection models for GST on Low Value imported goods. In July 2017 the commission released its discussion paper in relation to the inquiry. The CBFCA has been involved in all of the inquiries and discussions that have taken place in relation to high volume low value goods and fiscal issues since 1998. In December 2005 after the introduction of the $1000 threshold the CBFCA commented to the then Australian Customs Service inter alia:

“The CBFCA perceives there will be variances in buying patterns and business arrangements as the threshold becomes more widely known with business and consumers. This will also affect cost recovery arrangements across other regulatory agencies and may require a different approach to cost recovery over and above the existing arrangements in all agency as it is apparent cross subsidisation will continue to expand. To this end it would be appropriate to review the manner, form and quantum of the cost recovery arrangements for the SAC to be reviewed towards the end of 2005/2006 financial year."

Suffice to say even with CBFCA follow up there was no review.

 

 

Megan White

Regional Manager NSW/QLD/NT

 

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QUBE - International Terminal Fee - Update

QUBE - International Terminal Fee

Members have recently advised us of correspondence from QUBE Logistics (QL) of a new charge to be levied effective October 9, 2017.

As we are all aware any increases put increasing pressure on industry to manage the administration of same as well as increasing costs to the importer.

Following emails from members seeking clarity and expressing their concern our CEO, Paul Damkjaer, wrote to QUBE Logistics seeking further details and their responses are noted below.

QUBE have also extended an invitation to meet face to face with Paul and this will happen in the coming weeks – if available further information will be provided at that time.

 Questions and Responses from QUBE are shown below : (a copy of the initial letter from QUBE is also below)

 

John Park
Regional Manager WA

 

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International Terminal Fee - Qube Logistics

 

International Terminal Fee - Qube Logistics 

 

 

Freight & Trade Alliance (FTA) and the Australian Peak Shippers Association (APSA) have made initial contact with Qube Logistics in context of their recent customer notice introducing an “International Terminal Fee” effective 9 October 2017.
 

Qube Logistics have committed to a follow up meeting to address the FTA / APSA concerns in relation to the stated cost recovery model – we will keep members up to date on developments.

 
Paul Zalai – FTA / APSA

 
 
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Maersk Line - Export Booking Cancellation Fee

 


Booking Cancellation Fee - AUS Exports

Dear customer,

With Maersk Line’s continuous efforts to deliver a reliable and efficient service to our Australian customers, we are revising our Booking Cancellation tariff with effective date 1 October 2017. A fee of AUD250 per 20’/40’ Dry container will apply in the following situations:

  • Any cargo bookings which are cancelled, reduced or transferred (at Shipper’s request), within a 12-day period immediately prior to the vessel’s proforma ETD at the Australian load ports
  • ​Any new cargo bookings which are placed within the 12-day period prior to the vessel’s proforma ETD will have a 24-hour window immediately after confirmation allowing Shippers to cancel, reduce or transfer cargo at no charge. Any changes made hereafter will incur a Booking Cancellation Fee
  • The Booking Cancellation Fee will apply to the number of containers by which the booking is cancelled, reduced or transferred

Should you have any questions to the outlined information in this advisory, please do not hesitate to contact your Sales or Customer Services Representative.

Sincerely,
Maersk Line
 

 
 
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Asbestos in motor vehicles - obligations of importers

Asbestos in motor vehicles - obligations of importers

Please see the following editorial from the DIBP Communication and Engagement Branch reminding importers of their obligations, due to the ABF’s recent detections of asbestos in motor vehicles.

Asbestos—know your obligations

The Australian Border Force (ABF), Australia’s customs service, is reminding importers, especially of motor vehicles and parts, that Australia has zero tolerance for asbestos. Products with any level of asbestos, regardless of age, are prohibited for import into or use in Australia. It is the responsibility of importers to ensure that imported goods do not contain asbestos.

Since 2003, the Australian Government has prohibited the importation of goods that contain any asbestos, and placed a complete ban on the domestic manufacture and use of all types of asbestos and products containing asbestos. As part of the Government’s asbestos prohibition, the ABF actively targets products suspected of containing asbestos.

Recently, the ABF has detected asbestos in a number of motor vehicles and parts, including brake pads and gaskets. Recent detections include a 1981 Chevrolet Corvette (brake pads, water pump and gasket), a 1963 Ford Falcon (gasket) and the brake pads of golf buggies, an electric scooter, a 1954 BAS Bantam motorcycle and a 1971 Mazda RX-2.

It doesn’t matter how old the vehicle is, or what type it is—if we suspect it may contain asbestos, we will request assurances from the importer to ensure that it doesn’t.

In a number of countries, there are few to no restrictions on the use and supply of asbestos. Local standards in some countries may even classify goods as ‘asbestos-free’ when low levels of asbestos are actually present. Many products containing asbestos can be ordered on the internet and will often claim to be ‘asbestos-free’, even though they have some asbestos content. As a result, asbestos can be unintentionally and unknowingly imported into Australia, even in new products.

Our activities are not designed to impose undue inconvenience or cost to importers. Targeting, stopping and testing high-risk goods is an important part of protecting importers and the wider community from the significant dangers of asbestos. We are also focused on ensuring importers are aware of their obligations so we can be assured that goods don’t contain asbestos before they reach Australia.

Goods held at the border for asbestos testing can mean delays and significant costs to importers, including storage of the goods while testing is conducted. The potential for these additional costs can be reduced by ensuring your goods do not contain asbestos before they arrive in Australia.

If you or your clients are importing goods, find out about the assurances you need and requirements for testing for asbestos at www.border.gov.au/asbestos.

 

 

 

 
 
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Clarification on Storage Declaration for wooden manufactured articles

Clarification on Storage Declaration for wooden manufactured articles

 

Further to national newsflash NNF 2017/160 Changes to import conditions and documentary requirements for wooden manufactured articles we have received a number of calls asking for clarification on the definition of export (i.e. date of treatment and date of export match) statement in the Department of Agriculture and Water Resources (the department) industry notice 71/2017.

It is important to note that goods in consignments that have been sealed in a container and exported after treatment (i.e. date of treatment and date of export match) do not require a storage declaration.

For more information and to clarify the departments position related to date of treatment and date of export match see below

 

 

 

 
 
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2017/173 Brown Marmorated Stink Bug Season 2017-18

 

Brown Marmorated Stink Bug Season 2017-18

 

Further to previous newsflash NNF 2017/171 the Department of Agriculture and Water Resources has now published its formal Import Industry Advice Notice 76-2017 - Brown Marmorated Stink Bug Season 2017-18 and is forwarded for your attention.

Click READE MORE below to view the full Notice.

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Brown Marmorated Stink Bug (BMSB) 2017-18 Season Mandatory Measures

 

Brown Marmorated Stink Bug (BMSB) 2017-18 Season
Mandatory Measures

 

The Department of Agriculture and Water Resources has developed the following mandatory measures to manage the seasonal risk of BMSB infestations in sea cargo shipped from the United States and Italy.


Season dates
The requirements are intended apply to target goods shipped from the United States and Italy between 1 September 2017 and 1 April 2018 inclusive.

Affected ports
The mandatory measures apply to target cargo shipped from all ports in the United States, as well as any European ports which load cargo manufactured or stored in Italy after the commencement of the season.

Goods
As per last season, new and used vehicles, vessels and high risk machinery and parts are the target cargo for the mandatory measures and a table list of affected tariffs will be provided.

Mandatory measures

The department will shortly publish the BMSB Season measures on its website and issue an Import Industry Advice Notice.

Click on the READ MORE button to download the Info sheet to BMSB stakeholders for 2017-18 Season.

 

 

CBFCA Team

 

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NNF 2017/164 Minister confirms ABF to retain trade facilitation role

The Department of Immigration and Border Protection (DIBP) invitation to the Customs Brokers and Forwarders Council of Australia In. (CBFCA) to attend the DIBP Industry Summit 2017 held at Grand Hyatt on Monday 31 July 2017 was attended by CBFCA senior Board and Administration members. This summit is the fourth to be held and provides the opportunity for business and the regulator to discuss key initiatives for policy development for the future.

The theme for this year’s Industry Summit was ‘Border innovation: strengthening our nation’s economy, security and society’. The program focused upon embracing innovation to create opportunities for collaboration, co-design and co-investment in technologies and business processes that will help DIBP respond to the changing global trade, traveller and migration environment.

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FW: NNF 2017/160 Changes to import conditions and documentary requirements for wooden manufactured articles

Import Industry Advice Notice 71-2017

Further to CBFCA comments in past NNF 2017/18, NNF 2017/028, NNF 2017/075, NNF 2017/080 we have been in ongoing consultation with the Department of Agriculture and Water Resources (the Department) and timber and furniture importers Associations to ensure successful implementation of the changes to import conditions and additional storage declaration requirements for wooden manufactured articles to limit any impact on industry.

The Department today has released an update industry notice to advise importers and customs brokers that on 11 September 2017, amendments will be made to the manufactured wooden articles pathway of the timber and timber products BICON case.

From this date, consignments of manufactured wooden articles treated offshore by heat, fumigation or irradiation methods will be required to be exported within six calendar months of the required treatment and be accompanied by additional storage certification in the form of a manufacturer’s, supplier’s or exporter’s declaration.

Exceptions

Goods in consignments that have been sealed in a container and exported immediately after treatment (i.e. date of treatment and date of export match) do not require a storage declaration. Refer to the department’s Minimum documentary and import declaration requirements policy for what evidence is required to prove date of export.

Consignments that are exported before 11 September 2017, will need to meet current import conditions that are available in BICON.

We commend the Department for consulting with the CBFCA and taking on board our recommendations to keep the storage declarations simple, exempt goods treated and sealed in containers prior to export as this aligns with the Minimum documentary and import declaration requirements polices which will hopefully result in consistent documentary assessment on arrival of goods into Australia.

For more information as to what statement is required on the manufacture,  supplier and exporter declaration download the Import Industry Advice Notice 71/2017 Timber and timber products BICON case: changes to import conditions for manufactured wooden articles by clicking on the READ MORE button.

For further information of the upcoming changes please contact Plant Import Operations on 1800 900 090 or email Imports.

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FW: NNF 2017/159 DIBPN Asbestos update Members to Note!

Members will be aware as to the ongoing DIBP intervention on the importation of asbestos and/or goods perceived as containing asbestos. In DIBP Notice No. 2017/21 a restatement of the DIBP policy as it relates to the requirements of importers and licensed customs brokers should be noted.

NOTE: The above mentioned DIBPN replaces and repeals DIBP Notice No. 2016/30.

This DIBPN should be communicated immediately to all clients noting the difficulty in determining what goods may contain asbestos. In addition reference should also be made to the DIBP website Managing the risk of asbestos at the border.

The CBFCA is aware that strict liability offences have been imposed on importers as either the import declaration or declarations by importers that the goods in question did not contain asbestos, have been found to be incorrect with regard to the community protection question (CPQ) on goods containing asbestos.

Particular note must be had to the commentary by the DIBP/ABF as to licensed customs brokers (LCB), individuals and corporate entities. The CBFCA sees that the DIBP/ABF is clearly signalling that unless the service provider exercises due diligence to ensure that the information provided by the importer, which they report to the DIBP/ABF, is correct then there is the opportunity for the DIBP/ABF to impose strict liability offences on licensed customs brokers.

This position is reinforced by the additional comment that : ” licensed Customs brokers have an obligation to declare accurate information to the ABF” . This aspect combined with the due diligence (an aspect which the service provider would have to prove to the regulator that it acted with due care and diligence) needs to be clearly understood in terms of any information provided by the client in relation to the goods not containing asbestos.

Unfortunately in relation to DIBPN No. 2017/21 and in a manner similar to NNF 2017/059, when a CPQ was introduced in relation to vehicles, the issue as to stakeholder engagement has again not materialised in relation to how industry can work with the regulator through shared responsibility on this particular community health and safety issue.

In addition the CBFCA as a member of the Trade and Goods Compliance Advisory Group (CAG), which only met last month, would have seen that this forum would have been the ideal place for the discussion on this restatement of policy however can confirm that there was no discussion as to policy and/or outcomes of the DIBP/ABF intervention over the last 12 months (so as to support a workable framework for industry), other than acknowledging the increased focus on asbestos.

It should be noted that this issue was an agenda item for the CBFCA/DIBP Bi-Lateral meeting which was scheduled for 26 July, which was unfortunately cancelled due to the inability of the DIBP/ABF Chair to attend. This meeting has been rescheduled and this aspect in particular the CBFCA’s position paper Asbestos Importation and a Workable Framework, will be addressed.

The CBFCA is also seeking early discussion with Mr Stephen Hldedik A/g Commissioner Customs Compliance Branch (who has replaced Erin Dale) and Mr Josh Hutton A/g Assistant Secretary Trade and Customs Branch (both, as will be noted are acting in their roles and are new to these capacities) to address this and other compliance issues.   

Please click READ MORE for the full content of DIBPN No. 2017/21.

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Introduction of check weight variance fee

Non compliance remains high regarding the misdeclaration of export container weights on weight declarations.  

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Asbestos in Collector cars

Asbestos in Collector cars

Asbestos in Collector cars

 

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Costs as result of cyber-attack

Maersk Line looks at costs due to cyber attack

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Check-weighing at terminal reveals industry non-compliance

Check-weighing at terminal reveals industry non-compliance

 

 

JOIN THE ALLIANCE

 

 

Check-weighing at terminal reveals industry non-compliance

 

Victoria International Container Terminal (VICT) at Webb Dock has commenced check weighing export containers received against the Verified Gross Mass (VGM) provided by shippers and forwarders in 1-stop.
 
With four vessels now serviced, non-compliance remains alarmingly high with an average of 20% of export boxes mis-declared by a variance of 500kgs, while more than 8% of boxes were mis-declared by over a tonne.

 

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NNF 2017/089 Import Industry Advice Notice 38-2017

Import Industry Advice Notice 38-2017

As referenced in NNF 2017/076 Reminder of New packing declaration template we further consulted with the Department of Agriculture and Water Resources ( the Department) and advocated for the publishing of a formal industry notice to communicate the key change related to “prohibited packaging material statement” as such key change was included in the overall changes affecting the Broker Approved Arrangements on commandment of the Biosecurity Act 2015 and may be overlooked by industry.

We are pleased to advise you that the Department today issued its Import Industry Advice Notice 38-2017 - Prohibited packaging statements and is forwarded for your information.

It is important that your clients suppliers/packers are informed of this change to ensure they comply after 16 June 2017.

"Who does this notice affect?

Clients who assess consignment specific and annual packing declarations under Approved Arrangement Class 19.1 - Non-commodity for containerised cargo clearance or present packing declarations to facilitate non-commodity clearance by the department."

 

 

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Important Changes to Packing Declarations

 

IMPORTANT CHANGES TO PACKING DECLARATIONS

 

Dear Customer,

 

These declarations must be in place by June 10 for all shipments arriving by sea freight or there will be delays in clearance of sea freight cargo.

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NNF 2017/080 Changes to documentary requirements for wooden manufactured articles

NNF 2017/080 Changes to documentary requirements for wooden manufactured articles

Changes to documentary requirements for wooden manufactured articles

As referenced in NNF 2017/075  due to our direct intervention we managed to influence the Department of Agriculture and Water Resources (the Department) to delay the  implementation of the revised requirements due to the short time frame provided for industry to comply with the new documentary requirement for manufactured wooden articles.

The Department has now published an Industry Advice Notice 34-2017 - Changes to timber and timber product import conditions: new timeframe for post treatment export for unfinished timber and changes to documentary requirements for wooden manufactured articles and is forwarded for your attention.

Future changes to documentary requirements for wooden manufactured articles

From 1 September 2017, the department will:

  • increase the time allowed between treatment and export for Wooden Manufactured Articles from 21 days to 6 months.
  • require that Wooden Manufactured Articles to be accompanied by an additional manufacturer's or supplier's declaration stating that the goods were stored so as to prevent risk of re-infestation by pests of concern in between treatment and date of export.

 

 

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New packing declaration template

New packing declaration template

As referenced in NNF 2016/060 Key changes affecting Broker Approved Arrangements we would like to again bring to your attention a key change that will affect the Broker Approved Arrangements related to “Prohibited packaging material statement” since the implementation of the Biosecurity Act 2015, which places restriction on the use of the term ‘prohibited’ in relations to packing material.

‘Prohibited packaging material statement’ as required by the Non commodity information requirements policy has been replaced by the ‘unacceptable packaging statement’.

Department of Agriculture and Water Resources (DAWR) has received legal advice that the ‘unacceptable packaging statement’ must only be used under the Biosecurity Act 2015.

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NNF 2017/069 Australian Competition and Consumer Commission DP World Infrastructure Surcharge

Australian Competition and Consumer Commission – DP World Infrastructure Surcharge

The CBFCA today participated in an industry conference with the Australian Competition and Consumer Commission (ACCC) in relation to the DP World Australia Infrastructure Surcharges. There was considerable discussion (and angst) amongst the industry parties in relation to their Submissions and the position of the ACCC in relation to its ability to intervene. One of the issues referenced was misuse of market power and the inability of downstream service providers in landside logistics being able to effectively negotiate solutions to such pricing. While industry representatives reinforced their positons as to marketplace issues as well as the inappropriateness of the increased charges, the ACCC continued to default to the legislation. While they acknowledged competition policy aspects, they were constrained by the legislation.

While they ACCC noted that there was Government intention as to changes to the legislation (and it understood the frustration of industry), in the main, they were probably not able to intervene, notwithstanding the ACCC’s deep understanding of the Container Stevedoring Industry as a result of their Monitoring Reports which they have undertaken since 1999.

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DP World Infrastructure Surcharge & CityLink Toll increases

DP World Infrastructure Surcharge & CityLink Toll increases

The Victorian Transport Association (VTA) has branded looming toll increases for heavy vehicles by CityLink operator Transurban as discriminatory in correspondence sent to members today advising of the changes.

DP World Australia increas in Infrastructure Surcharge.

Customers are advised that effect 3 April 2017, DP World Australia (DPWA) will be increasing their infrastructure surcharge at Melbourne Terminal, as part of the basis for which access to the terminal is granted for both road and rail operators.

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NNF 2017/063 Import Industry Advice Notice 22-2017

NNF 2017/063 Import Industry Advice Notice 22-2017

Illegal Logging compliance documents are available

The following information has been provided by the Department of Agriculture and Water Resources in Industry Advice Notice 22-2017 Illegal Logging compliance documents are available and is forwarded for your attention.

Who does this notice affect?

The illegal logging laws affect businesses that import regulated timber and timber products of specific Customs tariff codes within Chapters 44 (wood and wood articles), 47 (pulp), 48 (paper and paperboard) and 94 (furniture) into Australia.



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NNF 2017/059 Asbestos update - vehicles

Asbestos update - vehicles

As members will be aware there was introduced on 6 March 2017 (without consultation with any sector of the industry on the basis that it was common held knowledge that certain components of vehicles were subject to asbestos testing) a community protection question as it relates to vehicles (whether new or used). Note this includes motor vehicles, off-road vehicles and motor cycles. For those who deal with the motor vehicle industry in all of its forms and in relation to parts for that industry the unintended or perhaps intended consequence of this new CPQ is to say the least an outcome where there clearly needed to be significant consultation with importers, stakeholders and service providers to the industry sector.

The CBFCA as well as individuals, corporate entities and other industry associations have been in touch with the DIBP on this particular aspect and the significant cost implications for industry.

CBFCA has actioned this item with the Commander Customs Compliance and requested discussion via its agenda at the Trade and Goods Compliance Advisory Group (CAG) meeting to be held on 17 March 2017 in Canberra .

At this time there exists no clear methodology to overcome the significant impediments that have been imposed by the CPQ .

In addition the CBFCA understands that there has been certain unsubstantiated commentary made by others in relation to this matter to the effect that the DIBP is considering the "suspension/withdrawal" of the CPQ.

This is not the case and it has been clearly set out by the DIBP through legislative requirements, supporting DIBPN 2016/30 and Fact Sheet, the compliance responsibilities of the importer (and the flow on effect of that to the importer's service provider, in the main the licensed Customs broker/brokerage).

The CBFCA would like to reiterate to members and their clients the importance of undertaking appropriate testing and assurance for automotive parts (and clearly understands the difficulty of this compliance issue with vehicles that do not have an extensive history of mechanical repairs or as to whether those repairs of key components, which could have an at best is linkage, are able to be judged on the basis of available information to correctly answer the CPQ). While it would be appropriate for a reasonableness test to exist in relation to any appropriate level of protection to meet the determined risk on asbestos, this is currently not the case and even with best endeavours any outcome relies on certification from the importer or exporter in relation to asbestos aspects.

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NNF 2017/051 DP World Infrastructure Charge - Sydney and Melbourne

DP World Infrastructure Charge - Sydney and Melbourne

DP World advises that from 3 April 2017 there will be an increase to the Infrastructure Surcharge in Melbourne from $3.50 to $32.50 per container, while in Sydney the per container fee will be introduced at $21.16 for all containers received or delivered into the terminal.

 

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DP World Infrastructure Surcharge

DP World Infrastructure Surcharge

This afternoon, the Australian Peak Shippers Association (APSA) received notification from DP World Australia of a substantial increase in Port Access fees, for all containers delivered to the terminals via road or rail, applicable from April 3 2017. Further increases are expected in Brisbane.

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DAWR used machinery reform - industry input invited

The Department of Agriculture and Water Resources (DAWR) has supplied the following update, with regards to used machinery reforms, to the CBFCA for your information;

"Feedback on the proposed reforms has been received from staff and industry in relation to the proposed changes. There is general support for the reasons for the changes, and the changes themselves. Feedback received has been more focused around the processes involved to achieve the outcomes. The what, how and who questions have been raised in relation to provision and assessment of documentary evidence of offshore treatment, entry processing and inspection.

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CityLink Tullamarine Widening and Toll Increases

Proposed City link Tullamarine freeway widening cost recovery April 2017.

In line with City Link’s proposal to widen the Tullamarine toll road a new cost recovery initiative has been published with the freight industry targeted to contribute up to a 225% increase in toll road fees.

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DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION NOTICE

DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION NOTICE

No. 2016/38

Replacement of Commerce (Imports) Regulations 1940

Due to the sunsetting of the Commerce (Imports) Regulations 1940 (CI Regulations), the Australian Government has developed a new regulation called the Commerce (Trade Descriptions) Regulation 2016 (the CTD Regulation) which will commence on 1 April 2017. The CI Regulations will continue to be in force until this date.

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NNF 2017/037 GST Low Value Goods Bill 2017

GST Low Value Goods Bill 2017

Yesterday the Government introduced into Parliament its Treasury Laws Amendment (GST Low Value Goods) Bill 2017 (the Bill) where the Treasurer, in the Second Reading Speech to the Bill, stated inter alia:

“As a result of the reforms being introduced today, low-value goods imported by consumers will face the same tax regime as goods that are sourced domestically. This is how a fair and modern tax system should work and I am proud that Australia is taking the lead in this respect…

...Under the current GST law, GST will generally apply to supplies of goods within Australia regardless of the value of the goods. However, supplies of goods located outside of Australia will generally not be subject to GST. Further, while the importation of goods is generally subject to GST, a $1,000 low-value threshold exemption applies…

...The GST low-value threshold exemption disadvantages Australian businesses and jobs, and poses a growing risk to the integrity of the GST base, with the continued growth in online shopping.

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NNF 2017/032 Brown Marmorated Stink Bug in Europe

Brown Marmorated Stink Bug in Europe

To support Australia’s biosecurity efforts, the CBFCA, on request from the Department of Agriculture and Water Resources, is providing members with the information as set out below and in the attachment.

“As you know, for the last few years the Department of Agriculture and Water Resources has put seasonal measures in place to safeguard Australia’s industries and environment from Brown Marmorated Stink Bug (BMSB). The support of the Customs Brokers and Forwarders Council of Australia and its members has been to the success of the measures, and greatly reduced the number of detections in Australia and level of risk.”

 

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VNF 2017/003 Increase in City Link tolls for transport operators

Increase in City Link tolls for transport operators

Container transport operators have united in agreeing that City Link toll increases to come into effect on 1 April will be passed along the supply chain, impacting the cost of goods to Victorian consumers.

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Brown Marmorated Stink Bugs in Europe

Notice to shipping lines about BMSB in Europe 

 

Freight & Trade Alliance (FTA) and the Australian Peak Shippers Association (APSA) received a letter today from Leanne Herrick, Acting Assistant Secretary, Pathway Compliance – Department of Agriculture & Water Resources. The correspondence refers to a notice that has been sent to all shipping lines advising that Brown Marmorated Stink Bugs are now establishing in Europe and provides some preventative measures that the shipping lines can implement to help prevent the bugs from arriving in Australia on vessels and cargo from European ports.
 
We understand that the Department is also preparing an Industry Notice to inform importers and other interested parties of the preventative measures that shipping lines may be adopting, and the reasons why. In the interim, if you have any questions about BMSB or the preventative measures, please email airandseacargo@agriculture.gov.au.
 
2017-01-30 - Final - Notice to shipping lines.pdf
2017-01-31 - Letter to Freight and Trade Alliance.pdf
 
Paul Zalai - FTA

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