Tag Archives: international trade

ILN Today Post

Issues for the International Trade and Customs Industry from the release of the New “Industry Innovation and Competitveness Agenda” by the Australian Federal Government

Introduction

Yesterday (14 October 2014), the Australian Federal Government released its much-awaited document entitled the “Industry Innovation and Competitiveness Agenda” (“Agenda“).

The “Action Plan for a Stronger Australia” represents a broadly-based initiative as part of the commitment of the Federal Government to improve Australian competitiveness both here and overseas.  It also links to the current de-regulation agenda.  The Agenda includes a number of items which will have an impact on those in the international trade and customs community. More…

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ILN Today Post

When is a ceiling fan not a ceiling fan? When it’s a ceiling light

Of recent time one of the major points of contention circulating in industry has been the correct tariff classification of ceiling fans which happen to have more than one function (for example, fans with lights or fans with heaters).

The issue has also encompassed the issue of classification of “composite goods” and whether goods were entitled to duty – free entry under a TCO where the goods came within the description of goods under the TCO but also had further functions. More…

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ILN Today Post

Another big week in Australia in the wonderful world of Dumping

As we end of another week of significant developments in the world of the Australian anti dumping and subsidies regime, I thought it would be useful to summarise some of those developments.

Statement of Essential Facts (SEF) issued on the Power Transformer Investigation

After the issue of a preliminary affirmative determination (PAD), the imposition of securities and the grant of four extensions to issue the SEF (a new record) the Anti-Dumping Commission (ADC) released SEF 219 yesterday.  Being involved in the Investigation, I can confirm that it is unbelievably complex involving exports from a number of countries and issues such as “when is an export an export” (day of contract or day of shipment), what are “like goods” and “just what is a distribution transformer?” More…

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ILN Today Post

Will the largest agreement in the World be achieved?

Swedish lawyer Jan E. Frydman analyzes the background for the on-going negotiations between the EU and the United States to create a transatlantic partnership on trade and investment (Trans-Atlantic Trade and Investment Partnership, or “T-TIP”), focusing on the challenge of regulatory convergence.

The purpose of the T-TIP is to reduce or eliminate barriers to trade and investment between the two economies. The idea is by no means new. Already back in 1995, both sides started an effort towards a kind of free trade agreement between the EU and the United States (the New Transatlantic Marketplace, or “NTM”). The reason was as obvious then as it is now: more trade leads to more growth and more jobs, which of course both politicians and the business community on both sides of the Atlantic wished for. A dialogue between political leaders and the business community – the Trans-Atlantic Business Dialogue (”TABD”) – also started to identify the most important barriers to trade and investment and present annual recommendations to the European Commission and the United States Government. Removing unnecessary barriers sounded obvious, but unfortunately it was – and is – not so simple. More…
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ILN Today Post

KAFTA moves towards implementation in 2014

In the last week, there have been a number of significant events in the process towards implementation of the KAFTA with the apparent aim to do all things possible to have implementation commence in 2014.

New KAFTA legislation introduced

The first event was the introduction into Parliament of the 2 Customs Bills required to be passed to implement the “customs aspects” of the KAFTA.  In accordance with previous practice there are 2 Bills, the first Bill being the amendment to the Customs Act 1901 to gives effect to the Rules of Origin in the KAFTA by way of a new Division 1J to Part VIII of the Customs Act..  The second Bill comprises the amendments to the Customs Tariff Act 1995 to implement the KAFTA.  This includes: More…

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ILN Today Post

Customs issue further notice on DDP transactions

In our Update of 21 August we referred to the revocation of Australian Customs Notice 2000 / 30 effected by the issue of a new Australian Customs and Border Protection Notice 2014 / 36.

The revocation of the earlier Notice was of some significance given that it had been in place for 14 years and that there was no forewarning that there were problems with the Notice which necessitated its revocation. More…

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ILN Today Post

Focus on Customs reform here and in the EU and our uptake on FTAs

It’s been a busy couple of weeks in the trade policy “space” (to use the cliché) and it is very clear that Governments here and overseas are placing an increased focus on customs reform as part of a global push on trade facilitation and de – regulation, even though the Protocol on adoption of the WTO Trade Facilitation Agreement was not adopted by the deadline of 31 July 2014.  In a related topic, a number of studies have recently been released which emphasise the need to improve the use of Free Trade Agreements (“FTA“) and for Governments to adopt measures to assist in that process. More…

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ILN Today Post

Customs Delivers Duty Pain with New Notice

The Australian Customs and Border Protection Service (“Customs“) published an Australian Customs and Border Protection Notice (“ACN“), ACN 2014/36, on or about 14 August 2014, but dated 31 July 2014, advising of the revocation of ACN 2000/30.  ACN 2000/30 represented Customs’ view from the year 2000 on the interaction between the relevant Incoterms and liability for customs duty.  Specifically, ACN 2000/30 clarified the previous position of Customs as to who the owner of imported goods was for Customs entry purposes, and who the importer was for Goods and Services Tax (“GST”) purposes in regards to Delivery Duty Paid (“DDP“) and Delivery Duty Unpaid (“DDU“) transactions.   More…

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ILN Today Post

Container detention fees an unlawful penalty?

There have been ongoing debates as to the quantum of container detention fees charged by shipping lines.  This has been a controversial issue, as many are of the view that the heavy fees imposed do not constitute a genuine pre-estimate of the damages expected to be suffered from the late return or non-return of a shipping container and are better considered as penalties and unenforceable.

This issue has been reawakened by a class action filed on 12 August 2014 against ANZ, Citibank and Westpac (“the New Class Action”).  The New Class Action follows on from a series of previous litigation concerning the enforceability of the quantum of certain bank fees.  More…

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ILN Today Post

LOCAL: Confusion reigns over exports en route to Russia – ILN member quoted

by Danielle Shaw

Russia’s one-year embargo on agricultural imports from Australia will most inconvenience shippers whose exports are currently en-route to Russian markets.

Canberra is seeking clarification on whether Russia will allow these products entry. 

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