Newsletters 

March Newsletter

April 12, 2015

Contents:

• Free Trade Agreements/Partnerships
  • KAFTA Korea-Australia Free Trade Agreement
  • JAEPA Japan-Australia Economic Partnership Agreement
  • Overview of all FTA’s in force
• Stink Bug measures ex USA to Australia
• Food Labelling
• Illegal Logging Update
• Heavy Vehicle Regulator
• USA Backlog

Free Trade Agreements/Partnerships

KAFTA The Korea-Australia Free Trade Agreement was signed in Seoul, South Korea, on the 8^th of April 2014. The FTA then came into force on the 12^th of December 2014. In order to claim entry under the FTA you must have a supporting Certificate of Origin completed by the exporter or producer in Korea and the goods must be eligible to enter under the agreement. Rules of origin and certificate requirements can be found on the Customs website. For more information, we suggest you review www.customs.gov.au/site/Korea-Australia-free-trade-agreement.asp And then discuss with your supplier to ensure the goods meet the rules of origin and requirements listed on the Customs website. JAEPA The Japan-Australia Economic Partnership Agreement was signed on the 8^th of July 2014, during an official ceremony at Parliament House in Canberra. The Partnership Agreement then came into force on the 15^th of January 2015. In order to claim entry under the Partnership Agreement you must have a Certificate of Origin or an Origin Certification document issued by an authorised body or other certification body of the exporting party, following a written application submitted by an exporter, producer or their representatives and goods must be eligible to enter under the agreement. Rules of origin and certificate requirements can be found on the Customs website. For more information, we suggest you review www.customs.gov.au/site/japan-australia-agreement.asp And then discuss with your supplier to ensure the goods meet the rules of origin and requirements listed on the Customs website. Overview of all FTA’s in force:

• ASEAN-Australia-New Zealand includes Australia, New Zealand, Brunei, Myanmar (Burma), Malaysia, Phillipines, Singapore, Thailand, Vietnam, Laos, Cambodia, Indonesia)
• Canada
• Chile
• Developing/Least Developed Countries
• Forum Islands
• Japan
• Korea
• Malaysia
• New Zealand
• Singapore
• Thailand
• United States

Visit – www.customs.gov.au/site/pgate6010.asp for further information.

 

Stink Bug measures ex USA to Australia

The Issue: Brown Marmorated Stink Bugs Current Measures: All Containerised and breakbulk cargo as per below

• Due to arrive into Australia from 23^rd Feb from East Coast USA Ports
• Due to arrive into Australia from 9^th March from ALL USA Ports Requirement: Treatment required prior to shipping (recommended fumigation with methyl bromide or alternatively heat treatment by an approved provider) or treatment upon arrival in Australia. On arrival inspection of high risk consignments determined by the Department of Agriculture. Additional fees are applicable. Pre-shipment treatment timeframe:
• Breakbulk cargo within 96 hours prior to loading

Containerised Cargo within 90 days prior to shipment providing containers are immediately sealed after treatment and arrive in Australia seals intact. For further information, frequently asked questions and up to date measures and notices please see the www.agriculture.gov.au website or contact broker@tayper.com.au

 

Food Labelling Except taken from Andrew Hudson notice 27/2/2015. In response to the outcry following issues with frozen berries from China which now includes border holds on food from certain producers and new requirements to identify producers of that food, the Greens and Independent Senator Nick Xenophon had introduced a new Bill proposing to amend food labelling legislation to further require identification of origin of imported food. Further information will be provided as it comes to hand.

 

Illegal Logging Update Information taken from ËœIllegal Logging Laws E-Update #6 February 2015′ Independent review of the impact of the Illegal Logging Regulations on small business: The Government has recently engaged the consultancy firm KPMG to conduct and ËœIndependent review of the impact of the Illegal Logging Regulations on small business. This will include structured interviews with businesses and a series of stakeholder workshops in key Australian cities. KPMG are scheduled to report back to the government by the end of March 2015. If you would like to contribute to the review on small business, please contact KPMG directly at: illegalloggingreview@kpmg.com.au. It is important to note that the review does not affect the due diligence requirements that came into effect on 30 November 2014. Importers and processors still need to comply with the illegal logging laws. Illegal Logging questions that have been raised in the last couple of weeks include: Use of the term ‘timber’ in the Community Protection Question Some Customs brokers have recently asked about the reference to ‘timber’ in the Community Protection Question.The currentquestion (Lodgement question 510) reads: Has the importer complied with the due diligence requirements of the Illegal Logging Prohibition Act 2012 and associated regulations? (if product is exempt or does not contain timber, answer yes) The department can confirm the term ‘timber’ in this context is meant to encompass all regulatedwood and wood-fibre products (such as paper products). My supplier has provided me with a written statement that the product is legal. Is this sufficient? Asupplier statementcan help to address specific risks you may identify through undertaking due diligence.However, by itself this will generallyprovide insufficient evidence to allow you to undertake a risk assessment and satisfy your due diligence requirements. You mustfollow the due diligence steps which includes gathering information relating to your product and using that (along with other documents such as the written statement) to assess the risk of the product containing illegally logged timber. Informationabout the due diligence process and the steps you must follow can be found at: Due diligence – Guidance for importers. Providingyou follow these steps,you can proceed with confidence. Further information If you require further information, please check the information provided on frequently asked questions and further information and resources webpages on the Agriculture website. Alternatively you can email the department with questions relating to the Illegal Logging Laws or call the department during business hours on 1800 657 313.

 

Heavy Vehicle Regulator Information taken from CBFCA Notice NNF 2014/173 In February 2014, Queensland, New South Wales, Victoria, South Australia, Tasmania and the Australian Capital Territory adopted the Heavy Vehicle National Law (HVNL) and Regulations for heavy vehicles. The laws heighten the requirements and importance of Importers and Exporters to accurately provide brokers, forwarders and transport operators with the correct cargo weight to help identify the correct manner which cargo should be transported. A general container (within weight and in gauge) are not of great concern unless over 21T whereby special delivery requirements will need to be made. Special delivery requirements will incur additional costs and will require the importer/exporter to provide information such as item width, length, height and item mass (including packaging) which will assist transport operators to determine the appropriate vehicle and gain earlier road manager approvals and permits, ideally before the item arrives in port. If you have any specific questions, please contact broker@tayper.com.au

 

USA Backlog As many would be aware the USA West Coast ports have been backlogged for quite some time now due to congested marine terminals and work slowdowns. It has been suggested that the months of backlog has been one of the worst-ever cases of port congestion recorded in the US. However there is still a glimmer of hope as progress is being made in ending the labour dispute and negotiations were said to be ongoing and both sides appear to be getting closer to a labour agreement. Please keep in mind the progress will be slow and this will still effect imports and exports from the West Coast causing delays.