Customs Update
Proposed new Rules of Origin – Australia New Zealand Closer Economic Relations Trade Agreement (ANCERTA)
The Customs Legislation Amendment (New Zealand Rules of Origin) Bill 2006 was recently passed through Parliament and became law. The Bill introduced new rules of origin for goods traded across the Tasman.
In short, the Bill provides new product specific rules for determining whether goods are New Zealand originating goods, including the ‘change in tariff classification’ method. The rules are similar to those that apply under the Australia-United States and the Thailand-Australia free trade agreements.
The new product specific rules of origin are intended to replace the existing regional value content rules of origin, but both sets of rules will operate concurrently from 1 January 2007 until 31 December 2011, when the regional value content rules of origin will be repealed.
The Bill also proposes that specific requirements be established in respect of the retention and maintenance of records where a preferential rate of duty is being claimed.
Full details of this matter can be found on
Australian Customs Notice 2006/54 and 2006/64. Importers of ‘New Zealand Origin’ goods and exporters of ‘Australian Origin’ goods are encouraged to investigate the proposed changes in greater detail.
In short, the Bill provides new product specific rules for determining whether goods are New Zealand originating goods, including the ‘change in tariff classification’ method. The rules are similar to those that apply under the Australia-United States and the Thailand-Australia free trade agreements.
The new product specific rules of origin are intended to replace the existing regional value content rules of origin, but both sets of rules will operate concurrently from 1 January 2007 until 31 December 2011, when the regional value content rules of origin will be repealed.
The Bill also proposes that specific requirements be established in respect of the retention and maintenance of records where a preferential rate of duty is being claimed.
Full details of this matter can be found on
Australian Customs Notice 2006/54 and 2006/64. Importers of ‘New Zealand Origin’ goods and exporters of ‘Australian Origin’ goods are encouraged to investigate the proposed changes in greater detail. Australian Customs Notice no. 2006/54
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Australian Customs Notice no. 2006/64
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2007 Harmonized Systems Changes
Australian Customs has made some major amendments to the Customs Tariff Act 1995 which will come into force from 1 January 2007.
The amendments reflect changes arising from the third review of the World Customs Organization (WCO) International Convention on the Harmonized Commodity Description and Coding System, better known as the Harmonized System (HS).
These changes are spread throughout the Customs Tariff affecting 20% of commodity classifications and may have some impact on your business.
Goods currently falling within a particular classification may be transferred to other classifications. This may result in differences in duty rates. Duty rates changes only affect a small number of commodities falling within Chapter 44 and 48 of the Tariff.
The changes to the Customs Tariff will impact on a number of Customs’ instruments and decisions including Tariff Concession Orders (TCOs), Tariff Precedents, Tariff Advices (TAs) and Origin Advice Rulings. Some may be revoked and replaced with new reference numbers.
As individual circumstances are different, we recommend that you seek independent advice as to how these changes may affect your business.
For more information on these changes, we recommend you refer to the published information onAustralian Customs Service Website or contact your DHL account manager.
The amendments reflect changes arising from the third review of the World Customs Organization (WCO) International Convention on the Harmonized Commodity Description and Coding System, better known as the Harmonized System (HS).
These changes are spread throughout the Customs Tariff affecting 20% of commodity classifications and may have some impact on your business.
Goods currently falling within a particular classification may be transferred to other classifications. This may result in differences in duty rates. Duty rates changes only affect a small number of commodities falling within Chapter 44 and 48 of the Tariff.
The changes to the Customs Tariff will impact on a number of Customs’ instruments and decisions including Tariff Concession Orders (TCOs), Tariff Precedents, Tariff Advices (TAs) and Origin Advice Rulings. Some may be revoked and replaced with new reference numbers.
As individual circumstances are different, we recommend that you seek independent advice as to how these changes may affect your business.
For more information on these changes, we recommend you refer to the published information on
Australian Customs Service Website or contact your DHL account manager.Japanese Wood Packaging Materials Quarantine
Based on the result of a pest risk analysis for wood packaging material, Japan amended its Import Plant Quarantine Regulation (MAF Notification No.206, 1950). This amendment was published on 6 October 2006 and will be put into force on 1 April 2007.
With a view to harmonizing regulation to the international standard, definition of wood packaging material and measures for wood packaging material in Japanese regulation are equivalent to that provided in ISPM No.15. Wood packaging material treated and certified according to ISPM No.15 will not be subject to import quarantine procedures. Wood packaging material without the mark (Annex II, ISPM No.15) will be inspected at the ports of entry by plant quarantine officer for compliance with the rule. Detection of a quarantine pest constitutes a non-compliance, which is, according to Japanese domestic law, subject to disinfestation, incineration or re-shipping by consignee’s choice.
For more information on the new regulations visit
Outline of regulation
International Phytosanitary Portal
With a view to harmonizing regulation to the international standard, definition of wood packaging material and measures for wood packaging material in Japanese regulation are equivalent to that provided in ISPM No.15. Wood packaging material treated and certified according to ISPM No.15 will not be subject to import quarantine procedures. Wood packaging material without the mark (Annex II, ISPM No.15) will be inspected at the ports of entry by plant quarantine officer for compliance with the rule. Detection of a quarantine pest constitutes a non-compliance, which is, according to Japanese domestic law, subject to disinfestation, incineration or re-shipping by consignee’s choice.
For more information on the new regulations visit
Outline of regulation International Phytosanitary PortalFAQ's
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U.S. Fish and Wildlife International Origin Procedures
The U.S. Fish and Wildlife Services (FWS) regulate the imports of the following animals, and products made from these animals:
• non-domesticated animals;
• animals defined by FWS to be endangered or threatened species and products thereof and enforce the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
What is required to import into the US
• The commercial invoice must include the detailed description of the commodity common name, genus name and country of origin.
• If the commodity is control by CITES the original CITES certificate for Endangered Species is required for clearance in the USA.
• Any Export/Import Permits
• Any Re-export certificates
Impact to the U.S.
Failure to follow the procedures listed above will result in either shipment delays, seizure of shipment by Customs Border Protection (CBP) and the US Fish and Wildlife Services (FWS). In addition, the Importer as well as DHL may be fined penalties of $25,000 USD.
Further information on Fish and Wildlife commodities can be found under the following websites below.
http://www.fws.gov/
http://ecos.fws.gov/tess_public/StartTESS.do
• non-domesticated animals;
• animals defined by FWS to be endangered or threatened species and products thereof and enforce the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
What is required to import into the US
• The commercial invoice must include the detailed description of the commodity common name, genus name and country of origin.
• If the commodity is control by CITES the original CITES certificate for Endangered Species is required for clearance in the USA.
• Any Export/Import Permits
• Any Re-export certificates
Impact to the U.S.
Failure to follow the procedures listed above will result in either shipment delays, seizure of shipment by Customs Border Protection (CBP) and the US Fish and Wildlife Services (FWS). In addition, the Importer as well as DHL may be fined penalties of $25,000 USD.
Further information on Fish and Wildlife commodities can be found under the following websites below.
http://www.fws.gov/ http://ecos.fws.gov/tess_public/StartTESS.do Increase in customs import fee
The cost recovery charges set by the Australian Customs Service has recently been amended in the Import Processing Charges Regulations 2005.
From Wednesday 10 May 2006 the charge levied by Australian Customs on all formal entries lodged by DHL increased from $44.10 to $54.20.
The new $54.20 charge levied by Customs is made up of the following elements:
These charges are paid directly to Customs by DHL at the time the formal entry is completed and are recharged to the importer (excluding DDP shipments which are reversed to the origin shipper). Click the following to read the Australian Customs Notice (ACN) 2006/21 for a complete schedule of the revised charges.
From Wednesday 10 May 2006 the charge levied by Australian Customs on all formal entries lodged by DHL increased from $44.10 to $54.20.
The new $54.20 charge levied by Customs is made up of the following elements:
- $40.20 Customs Air and Post Import Entry Charge. This fee is charged for lodging an electronic entry with Customs.
- $14.00 AQIS Entry Charge. AQIS electronically screen all inbound shipments to protect Australia's flora and fauna.
These charges are paid directly to Customs by DHL at the time the formal entry is completed and are recharged to the importer (excluding DDP shipments which are reversed to the origin shipper). Click the following to read the Australian Customs Notice (ACN) 2006/21 for a complete schedule of the revised charges.
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Increased import entry threshold
In the past, goods imported through avenues other than by post (that is by sea and air cargo) that had a value of above AUD250 were subject to formal import entry – and the additional fees and time this involved. Effective 8 October 2005, Australian Customs lifted this value in line with the post - to a value not exceeding AUD1, 000. This means that when you import you will not be levied duty and taxes unless the value of your goods are over $1000.
Please note that consignments containing tobacco, tobacco products or alcoholic beverages are excluded. This means that duty and tax must be paid on these products, irrespective of value.
Click the following to read the Australian Customs Notice (ACN) 2005/57 regarding the formal import entry and revenue collection thresholds in the ICS.
Please note that consignments containing tobacco, tobacco products or alcoholic beverages are excluded. This means that duty and tax must be paid on these products, irrespective of value.
Click the following to read the Australian Customs Notice (ACN) 2005/57 regarding the formal import entry and revenue collection thresholds in the ICS.
Formal import entry and revenue collection thresholds in the ICS
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Free Trade Agreements
The Thailand-Australia Free Trade Agreement (TAFTA) and the Australia-United States Free Trade Agreement (AUSFTA) will come into force on 1 January 2005.
These Free Trade Agreements will deliver new trade and investments opportunities for Australian Exporters and Importers. The most significant feature of these agreements will lead to the elimination of tariff and quantitative restrictions which will bring major benefits to enterprises that trade in goods with Thailand and United States (US).
Of course, not everything moving between Australia, Thailand and US will automatically be eligible for preferential treatment. There are stringent criteria which goods needs to satisfy before business can reap the benefits of preferential customs duty rates or reduced quantitative restrictions.
Certain aspects of these Free Trade Agreements are very complex, and the purpose of this communication is to assist you to understand the requirements for claiming preferential status (see link to a Q & A document that may be of assistance).
Question & Answer
These Free Trade Agreements will deliver new trade and investments opportunities for Australian Exporters and Importers. The most significant feature of these agreements will lead to the elimination of tariff and quantitative restrictions which will bring major benefits to enterprises that trade in goods with Thailand and United States (US).
Of course, not everything moving between Australia, Thailand and US will automatically be eligible for preferential treatment. There are stringent criteria which goods needs to satisfy before business can reap the benefits of preferential customs duty rates or reduced quantitative restrictions.
Certain aspects of these Free Trade Agreements are very complex, and the purpose of this communication is to assist you to understand the requirements for claiming preferential status (see link to a Q & A document that may be of assistance).
Question & Answer
Thailand-Australia Free Trade Agreement (TAFTA)
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Australia-United States Free Trade Agreement (AUSFTA)
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DHL strongly recommend that you seek independent advice as to how these changes may affect you personally and to verify your own obligations.
Further details on the Thailand-Australia Free Trade Agreement (TAFTA) and the Australia-United States Free Trade Agreement (AUSFTA) are available on the Department of Foreign Affairs and Trade website athttp://www.dfat.gov.au and the Australian Customs Service website at http://www.customs.gov.au.
Further details on the Thailand-Australia Free Trade Agreement (TAFTA) and the Australia-United States Free Trade Agreement (AUSFTA) are available on the Department of Foreign Affairs and Trade website at
http://www.dfat.gov.au and the Australian Customs Service website at http://www.customs.gov.au.Importing Foods into the United States of America
Effective 12 December 2003, the U.S. Food and Drug Administration (FDA) require that:
-All facilities that manufacture, process, pack or hold food destined for human or animal consumption in the United States of America must register with the FDA.
-The FDA receives ‘Prior Notice’ of food imported into the United States of America.
Further details and guidance on these requirements can be found on the FDA website,www.fda.gov or refer to DHL Q & A document for guidance
-All facilities that manufacture, process, pack or hold food destined for human or animal consumption in the United States of America must register with the FDA.
-The FDA receives ‘Prior Notice’ of food imported into the United States of America.
Further details and guidance on these requirements can be found on the FDA website,
www.fda.gov or refer to DHL Q & A document for guidanceDHL Q & A Document
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DHL understand the significant impact on our valued customers and can assist with the registration of facilities and prior notice requirements.
For assistance with filing the Prior Notice to FDA, please download and complete the Prior Notice Submission Form*, and attach it with your paperwork.
*Please note there are conditions and a fee for this service.
For assistance with filing the Prior Notice to FDA, please download and complete the Prior Notice Submission Form*, and attach it with your paperwork.
*Please note there are conditions and a fee for this service.
Notice Submission Form
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Essential CMR Information for Exporter
The Export stage of one of Australia's largest ever public sector e-business projects, Cargo Management Re-engineering, will be ready to 'go live' on 22 September this year. This will introduce significant changes to Australia’s Export processes. These changes will result in new legislation, new business processes, and a new export reporting system, the Integrated Cargo System (ICS).
Exporters need to be aware that when supplying commercial documents to DHL to export goods from Australia you must supply complete and accurate information on export documents. If you do not, the export of your goods may be delayed until the required information is supplied. The Australian Customs Service has introduced new offences relating to “False and Misleading” information on export declaration. Customs will be issuing penalties for these offences. For information on what you need to provide to DHL, please refer to the Australian Customs Service “ESSENTIAL EXPORT INFORMATION” fact sheet.
Exporters need to be aware that when supplying commercial documents to DHL to export goods from Australia you must supply complete and accurate information on export documents. If you do not, the export of your goods may be delayed until the required information is supplied. The Australian Customs Service has introduced new offences relating to “False and Misleading” information on export declaration. Customs will be issuing penalties for these offences. For information on what you need to provide to DHL, please refer to the Australian Customs Service “ESSENTIAL EXPORT INFORMATION” fact sheet.
Essential Export Information
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