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Third rail measures
Anti-Dumping Measures
In the context of imported goods, "third rail measures" typically refer to additional regulatory or protective actions taken by Australia to safeguard its industries, economy, and environment. These measures include:
1. Anti-Dumping and Countervailing Duties
- Purpose: Protect Australian manufacturers from unfair competition caused by goods being dumped (sold below cost) or subsidised by foreign governments.
- Administration: Managed by the Anti-Dumping Commission, these duties are applied to specific goods that harm local industries.
- Examples: Railway wheels imported from certain countries may be subject to anti-dumping duties.
Commodities subject to Ant-Dumping Measures
The Anti-Dumping Commission (ADC) maintains a Dumping Commodity Register (DCR), which lists commodities currently subject to anti-dumping and countervailing measures in Australia. These measures are applied to goods that have been dumped or subsidised, causing material injury to Australian industries. Some examples of commodities subject to ADC measures include:
- Aluminium Extrusions: Imported from countries like China, Malaysia, and Vietnam.
- Aluminium Zinc Coated Steel: Imported from China, Korea, and Vietnam.
- Chrome Bars: Imported from Romania.
- Clear Float Glass: Imported from Indonesia.
- Concrete Underlay Film: Imported from Malaysia.
- Hollow Structural Sections: Imported from China, Korea, Malaysia, and Taiwan.
- Hot Rolled Coil Steel: Imported from Taiwan.
- Hot Rolled Structural Steel Sections: Imported from Japan, Korea, Taiwan, and Thailand.
For the most up-to-date information, you can explore the Dumping Commodity Register maintained by the ADC.
Tariff Classifications
Purpose: Ensure imported goods are correctly classified under Australia's customs tariff schedule.
Impact: Accurate classification determines the applicable duties and taxes, ensuring compliance with trade regulations
Biosecurity Measures
Purpose: Prevent the introduction of pests, diseases, and contaminants that could harm Australia's agriculture and environment.
Tools: Includes inspections, treatments (e.g., fumigation), and strict documentation requirements for high-risk goods.
Commodity Concerns
Asbestos and Silica products
In Australia, the importation of asbestos and silica-containing materials is strictly regulated to protect public health and safety. Here's an overview:
Asbestos
- Prohibition: All types of asbestos and goods containing asbestos are prohibited from import under the Customs (Prohibited Imports) Regulations 1956, unless a specific exemption or permission is granted.
- Exceptions: Limited permissions may be granted for research, analysis, or display purposes, but these require approval from the relevant authorities.
- Enforcement: The Australian Border Force (ABF) actively monitors and enforces the ban, including inspecting goods and requiring asbestos-free declarations for certain imports.
- Risks: Asbestos is a known carcinogen, and its use has been banned in Australia since 2003 due to its severe health risks.
Silica (Crystalline Silica)
- Regulation: While silica itself is not outright prohibited, products containing respirable crystalline silica (RCS), such as engineered stone, are subject to strict import controls due to the risk of silicosis—a serious lung disease caused by inhaling silica dust.
- Compliance: Importers must ensure that goods comply with Australian work health and safety standards, including proper labelling and documentation.
- Monitoring: Authorities may inspect and test goods to ensure they meet safety requirements.
For more detailed information, you can explore the Australian Border Force's prohibited goods page or the Asbestos and Silica Safety and Eradication Agency's guidance for importers.
Sanctions
Australia enforces sanctions on certain goods and countries to uphold international security and human rights. These sanctions include:
- Countries: Sanctions are in place for nations such as North Korea, Iran, Russia, Myanmar, and specified regions of Ukraine, among others.
- Goods: Restrictions apply to military equipment, dual-use goods, luxury items, and specific commodities like oil and gas.
- Measures: Sanctions include financial restrictions, travel bans, and trade prohibitions.
For a detailed and up-to-date list, refer to the Consolidated List maintained by the Australian Government.
Emissions
Air Quality Emissions for Imported Goods: What Importers Need to Know
- Regulated Products: Includes non-road spark-ignition engines (e.g., lawnmowers, chainsaws, marine engines).
- Certification: Products must meet Australian emissions standards with certification numbers provided at import.
- Labelling: Goods must carry labels proving compliance with emissions standards.
- Exemptions: Available for goods used in research or testing, with prior approval required.
- Customs Declarations: Importers must answer specific Community Protection Questions via the Integrated Cargo System (ICS).
- Penalties: Non-compliance can result in fines or seizure of goods.
For guidance, visit the Product Emissions Standards Guide.
Importing Ozone-Depleting Gases: Licensing Requirements
- Types of Licenses: Controlled Substances License, Equipment License (EQPL), or Used Substances License, depending on the goods being imported.
- Application Process: Submit applications via the Ozone Licensing and Reporting System (OLARS).
- Required Documentation: Include product specifications, import details, and compliance certificates.
- Fees and Approval: Pay applicable fees; licenses are issued upon assessment by DCCEEW.
- Compliance: Follow all conditions outlined in the license to ensure legal and environmental adherence.
For details, visit the Ozone Licensing and Reporting page.
Dual Use Goods
Dual-Use Goods: What Importers and Exporters Should Know
Dual-use goods are items that have both civilian and military applications. While they are primarily used for commercial purposes, they can also be repurposed for military use or in the development of weapons of mass destruction (WMD). Examples include advanced technology, chemicals, and software.
Key Points for Importers and Exporters
- Regulation:
- Dual-use goods are regulated under Australia's Defence and Strategic Goods List (DSGL), which outlines controlled items.
- Exporters must obtain permits for goods listed under the DSGL, especially those with potential military applications.
- Compliance:
- Importers and exporters must ensure compliance with Australian export control laws and international non-proliferation agreements.
- Permits are required for exporting controlled goods, technology, or software.
- Risk Management:
- Exporters should assess the end-use and end-user of dual-use goods to avoid misuse.
- Proper documentation and reporting are essential to meet regulatory requirements.
- Resources:
- The Export Controls Framework provides guidance on managing dual-use goods. You can find more details here.
Let us know if you'd like further assistance navigating these regulations!
Hazardous waste compliance
Hazardous Waste Exports: Key Points
- Why Illegal: Exporting hazardous waste without proper authorisation is prohibited under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This law ensures hazardous waste is managed responsibly, protecting both human health and the environment. It aligns with Australia's international obligations under the Basel Convention.
- Requirements for Export:
- Permit: A permit must be obtained from the Department of Climate Change, Energy, the Environment and Water (DCCEEW).
- Consent: Written consent must be secured from the importing country and any transit countries.
- Documentation: Detailed information about the waste type, transport methods, and disposal processes must be provided.
- Insurance: Importers must ensure environmental damage and public liability are covered during transit.
For further information, visit the Hazardous Waste Information page. Let me know if you'd like additional help!
Illegal trade of goods
Illegal Trade in Goods Under Schedule 4 of the Customs (Prohibited Imports) Regulations
Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 outlines goods that are prohibited from importation into Australia unless specific conditions or permissions are met. These include:
Prohibited Goods
- Drugs:
- Narcotics, psychotropic substances, and precursors used in drug manufacturing.
- Examples include fentanyl derivatives, amphetamines, and synthetic cannabinoids.
- Tobacco and Tobacco Products:
- Includes tobacco, tobacco pouches, and related products, which are strictly controlled to prevent illegal trade and tax evasion.
- Vaping Products:
- Nicotine-containing vapes and e-cigarettes are prohibited unless prescribed for medical use. Non-nicotine vaping products may also face restrictions.
- Weapons and Imitations:
- Bubble blaster guns, replica firearms, and certain airsoft guns are prohibited unless they meet safety and licensing requirements.
- Power-Assisted Bicycles:
- Bicycles with motors exceeding regulated power limits are prohibited unless they comply with Australian safety standards.
- Cannabis-Making Equipment:
- Equipment designed for the cultivation or production of cannabis is prohibited unless authorised for specific purposes.
- Drug-Related Items:
- Items intended for use with drugs, such as certain pipes or paraphernalia, are prohibited to discourage drug misuse.
- Vitamins and Supplements:
- Certain supplements, such as bodybuilding products or Vita Gummies, may be subject to biosecurity controls if they contain animal or plant-derived ingredients. These goods must comply with biosecurity standards to prevent the introduction of pests or diseases.
Pathways for Import Approval
Certain prohibited or restricted items may be imported under specific conditions by obtaining a license or approval through the following pathways:
- Office of Drug Control (ODC):
- Importers of controlled substances must apply for a license and/or permit through the ODC.
- Applications require detailed information about the goods, their intended use, and compliance with health and safety standards.
- For more information, visit the ODC Licensing and Permits page.
- Therapeutic Goods Administration (TGA):
- Importers of therapeutic goods, including supplements and vitamins, must obtain approval from the TGA.
- Goods must comply with the Therapeutic Goods Act 1989 and be listed in the Australian Register of Therapeutic Goods (ARTG), unless exempt.
- For unapproved therapeutic goods, importers can apply under the Special Access Scheme or Clinical Trial Approvals.
- Learn more on the TGA Importing Therapeutic Goods page.
- Biosecurity Pathway:
- Goods containing animal or plant-derived ingredients, such as Vita Gummies or bodybuilding supplements, must meet biosecurity requirements.
- Importers should check the Biosecurity Import Conditions (BICON) system to determine specific conditions, such as treatment or certification requirements.
- Proper documentation, including import permits and treatment certificates, is mandatory.
Conditions for Import
- Importers must ensure all goods meet Australian safety, health, and environmental standards.
- Proper documentation, including permits, licenses, and compliance certificates, is required to avoid penalties or seizure of goods.
Let me know if you'd like further assistance navigating these pathways!
Trade Compliance
Import and Export controls for goods
Navigating International Trade Regulations
Understanding and complying with government controls on goods subject to international trade measures can be complex and challenging. It's essential to know the specific regulations that apply to your goods and the agencies responsible for enforcement.
At KMLT Customs & Logistics Specialists Pty Ltd, we provide expert guidance to help you navigate these complexities and ensure full compliance with relevant trade measures. Let us simplify the process and help you manage your international shipments with confidence
