Tag Archives: international trade

ILN Today Post

Anti-dumping controversies continue – aluminium extrusions, US prosecutions, WTO action and now Australian prosecutions

Many of you would be aware that the imposition of anti – dumping and countervailing duties on the exports of aluminium extrusions from China have created a number of issues in Australia.  However some very recent developments overseas serve as a useful reminder that such issues are part of a global problem and that in considering trading in goods, thought should go to any global issues as they can often flow through to Australia at short notice and ruin even the best – laid plans. More…

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ILN Today Post

Customs release proposed international regulations for review

In a recent Update we brought you news on the proposed revision to the current Customs Regulations 1926 which are due to expire on 1 April 2015.

The earlier Update was in response to ACBPN 2015/05 which referred to the development of the new Regulations which would comprise a set of new “general” Regulations and a separate set of Regulations relating to Australia’s international obligations. More…

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ILN Today Post

Government to reduce FIRB screening threshold for foreign investment in agricultural land

The Commonwealth Government has announced a reduction to the Foreign Investment Review Board’s (“FIRB”) screening threshold for investments in agricultural land in a bid to increase scrutiny of foreign investment in Australia’s agricultural sector. From 1 March 2015 foreign purchases of agricultural land will be subject to FIRB screening when the cumulative value of agricultural investments by the foreign investor reaches the threshold of $15 Million, including the proposed purchase. More…

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ILN Today Post

United States CBP issues proposed regulations on AUSFTA requirements

Many of you would be aware that we have an FTA with the US (known as the AUSFTA).

You may also be aware that this year is the 10th anniversary of the AUSFTA coming into effect and no doubt the Federal Government and DFAT will be holding some form of glittering black tie function to commemorate the anniversary attended by the usual luminaries. More…

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ILN Today Post

Customs announce reform to the Customs Regulations 1926

By way of ACBPN 2015/05, the Australian Customs and Border Protection Service (Customs) has announced the release of an Exposure Draft of the Customs Regulation 2015 (2015 Regulation).

The 2015 Regulation is proposed to replace the current Customs Regulations 1926 (1926 Regulations) which are due to expire on 1 April 2015 due to the “sunsetting” effect of the Legislative Instruments Act 2003. More…

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ILN Today Post

Customs finally confirms position on DDP transactions for GST and customs purposes

Background

Once upon a time (a long time ago), the Australian Customs and Border Protection Service (“Customs“) had issued a Notice describing its position on liabilities of parties to a DDP transaction in terms of obligations under the Customs Act 1901 (“Act“).

That Notice basically pushed most of the liabilities back to the overseas supplier/vendor in a manner consistent with the nature of DDP obligations.

That position seemed to have shifted in recent time and I was involved in a dispute where Customs was seeking to recover underpaid duty from the local buyer in a DDP transaction.  In that case, the relevant Customs officers advised that Customs was not bound by the Notice and reserved the right to take action against the Australian buyer.  Which caused some distress. More…

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ILN Today Post

A big day in our FTA agenda with JAEPA starting on 15 January

Happy New Year to all of you!

You would be aware that we had previously reported that the JAEPA (aka the Japan FTA) will start on 15 January 2015.  Which, according to my diary is tomorrow.

I have been delivering a number of sessions on JAEPA including a CBFCA webinar on the Agreement and its commercial aspects together with some specifics on its use and implementation as part of my CBFCA Legal Forums in December 2014.  More…

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ILN Today Post

JAEPA to commence on 15 January 2015

The stream of announcements continues from Australia’s Minister for Trade and Investment, Andrew Robb with the latest announcement confirming that the Japan-Australia Economic Partnership Agreement (“JAEPA“) will enter into force on January 15 2015.

This follows the exchange of Diplomatic Notes between Australia and Japan on 16 December 2014 confirming the completion of both countries’ domestic processes. More…

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ILN Today Post

Proposed collective action in response to demand for duty on solar kits

As many would be aware, there have been issues with the tariff classification of solar kits resulting in significant demands from Customs for unpaid dumping and countervailing duty.

The demands follow a series of audits by Customs on importers of solar kits where Customs has formed its view that the imports are of “aluminium extrusions” rather than “unassembled structures“.  This has been based on a Customs Tariff Precedent as to what constitutes “unassembled structures“.  That conclusion has led to Customs pursuing demands for past dumping and countervailing duties together with the possibility of penalties for incorrect classification of the goods. More…

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ILN Today Post

Sanctions actions becoming a major issue

*Originally published in the Air Cargo Newsletter (October – November 2014 Issue)

Us international trade and customs lawyers (nerdy but necessary) subscribe to news services which refer to legal developments in many jurisdictions.  In particular, the news services out of the US carry stories on US developments which often act as a precursor to similar actions here on specific issues (such as anti – dumping) or which indicate a trend in policy which is likely to affect us here. More…

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