Tag Archives: international trade

ILN Today Post

Who’s afraid of the TPP? Quite a few, it seems.

Originally published by Lloyd’s List Australia – 28 May 2015

While there has been recent and (almost) unanimous approval for our North Asian “trifecta” of FTAs, that chorus of approval has not quite carried over into the conversations regarding the proposed Trans – Pacific Partnership Agreement (TPPA).

Notwithstanding the absence of a completed text, there has been a significant level of speculation as to what is supposed to be in the TPPA.  Most of that speculation has been as to potentially adverse consequences.  Some of the speculation has been based on alleged text leaked by Wikileaks and has included commentary on topics such as threats to the future availability of generic drugs, the evils inherent in an Investor State Dispute Resolution (ISDS) provision and the possibility that the TPPA would relax border biosecurity measures to allow the import of North American beef which is currently the subject of bans due to the fear that the cattle will be infected with “mad cow disease” which could decimate the Australian industry.  More…

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ILN Today Post

More from “dumped and confused” from Melbourne

Many of you would have seen my recent article entitled “Dumped and Confused” on the significant (and rapid) changes to the anti-dumping and countervailing regime here and overseas.  Hopefully, the title did not deter you from its content and some of you may even have read the article.

Subsequently there continues to be important developments which are discussed below. In addition to the commentary below, these issues are also the subject of my presentations to the CBFCA Regional CPD events in Sydney, Brisbane and Melbourne through May and June 2015. More…

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ILN Today Post

Budget 2015 – Paradise by the FTA dashboard light

Dear Subscribers to the Gadens International Trade and Customs Updates

Well, Budget night for 2015 has passed and I have had the extreme honour of watching details of the Budget being revealed to all.  As you are all keen students of the political process and directly interested in many of the outcomes I thought that I would provide the following summary of the highlights as they affect those in the International Trade and Customs industry. More…

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ILN Today Post

Dumped and confused? There are very real risks associated with dealing with goods subject to dumping and countervailing measures

Originally published by Lloyds List Newspaper  – 30 April 2015

As the numbers and size of dumping and countervailing measures have increased here and overseas so has the importance of the expertise to identify and manage the risks associated with those measures. That expertise needs to be held by exporters, importers and their service providers such as freight forwarders and licensed custom brokers as each of them face significant liabilities from transacting with goods subject to the measures. Unfortunately, at the same time that as those liabilities and risks increase, so does the pressure to avoid those measures. There is ample evidence both here and overseas of successful prosecutions of parties who have taken deliberate fraudulent steps to avoid measures.

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ILN Today Post

The CBFCA and Gadens TCO roadshow report. For once, we discuss what goes on, on tour!

Following feedback from members late in 2014 and early in 2015 after Member Forums conducted by Gadens and in response to other comments by members and their clients, the CBFCA convened an “eastern states” roadshow focussed on issues relating to the grant, retention and revocation of Tariff Concession Orders (TCO).

The roadshow did not reach WA or SA but will form part of the content to be delivered at the CBFCA regional CPD Events. More…

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ILN Today Post

Industry and Victorian Minister for roads and ports target higher productivity

Last week, Gadens had the pleasure of hosting a business breakfast in association with Container Transport Alliance Australia (CTAA) where industry leaders and the Victorian Minister for Roads and Ports, Luke Donnellan MP, discussed the urgent need for greater access to Victoria’s road network for High Productivity Freight Vehicles (HPFVs) at higher mass limits.

Major container transport companies, including Qube Logistics, Rocke Bros Transport, Toll Intermodal,  Arrow Transport & Logistics, and Riordan Grain Services, as well as major agricultural producers and exporters GrainCorp, Fonterra and Ridley AgriProducts, held an open and frank discussion with the Minister on the need for a clear plan to deliver the next productivity gains for importers and exporters in Victoria. More…

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ILN Today Post

Reform or Transform? NZ and Australian Customs laws change in different ways

Originally published in Lloyd’s List Australia – March 13, 2015

To paraphrase a cheesy pop song from the 80’s, “It’s raining reform” in the Customs world in Australia at the moment.  This includes ongoing amendments to the Customs Act 1901(Australian Act) to address concerns with criminal activity in the supply chain (the Organised Crime Act), the introduction of the Trusted Trader Programme (TTP) on 1 July 2015, the replacement of the Customs Regulations 1926 on 1 April 2015, lots of anti – dumping changes and, most significantly, the shift of Customs into the new Australian Border Force (ABF) on 1 July 2015 at which time Customs will disappear as a separate agency altogether.  The last aspect is the subject of legislation recently introduced to Federal Parliament which has now been referred for review to the Senate Legal and Constitutional Affairs Committee.  Customs has also issued a new “Plan for Integration” which is well worth a look. More…

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ILN Today Post

Compliance in times of uncertainty – dealing with new and missing regulation

Introduction

One of the key elements of good regulation is to ensure that the regulation is transparent and known to those who it affects and must observe the regulation.  This is the reason why there are procedures in place to ensure that proposed new regulation and changes to regulation are communicated to those affected well in advance to their introduction to allow for proper response to the implementation.

Although the notion that “Ignorance of law is no excuse” does exist, I think that it is accepted by all that reliance on that notion is not advisable and that it is in everyone’s interests for law and regulation to be communicated and understood before it commences.  After all, the aim of law and regulation is not to raise revenue from breaches of an unknown law but to secure the aims of the law and regulation by their observance. More…

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ILN Today Post

New Bills introduced – food labelling, more AD reform and the beginning of the end for Customs as we know it

Yesterday (27 February 2015) was a big day in Federal Parliament for the Trade and Customs industry yesterday.  No, nothing to do with leadership challenges but all to do with action at the border regulating trade and trading regulators.

Food labelling

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 the origin of imported food.  The presumption would be that consumers would then be in a better position to make an informed decision on whether to purchase goods depending on the origin of those goods.  However as the controversy has increased, the Ministers responsible for such issues in the Federal Government announced that they were undertaking their own review of the laws and would submit a proposal to Cabinet for new laws in March. More…

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ILN Today Post

ADC completes inquiry into anti-circumvention activity in relation to aluminium extrusions

The Anti-Dumping Commission (“ADC”) has completed its inquiry into the alleged anti-circumvention activity of five importers (“Importers”) of aluminium extrusions exported by Pan Asia (“Goods”), which have allegedly avoided the intended effect of the duty imposed on certain aluminium extrusions imported from China.

The findings set out in the ADC’s Final Report (“Report”), include that:

  • goods subject to dumping and countervailing duties were exported to Australia from a country to which the notice applied; and
  • the Importers sold the Goods in Australia without increasing the price commensurate with the amount of the duty payable under the Dumping Duty Act (by way of selling the goods at a loss). More…
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