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Customs and International Trade

2. How a Lawyer Can Help

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 18 Jul 2015

C2. How a Lawyer Can Helpustoms and international trade law is a highly complex area. An experienced lawyer can assist you with:

  • Classification issues including:
    • assistance in identifying the correct classification of goods;
    • requesting a review of classification of goods;
    • disputes with Customs in relation to the classification of goods;
    • drafting a tariff advice application which seeks Customs’ view as to the correct classification of goods; and
    • drafting a voluntary disclosure of error to acknowledge a classification error to Customs.
  • Valuation issues including:
    • assistance in identifying the correct valuation of goods;
    • requesting a review of valuation of goods;
    • disputes with Customs in relation to the valuation of goods;
    • drafting a valuation advice application; and
    • drafting a voluntary disclosure of error to acknowledge a valuation error to Customs.
  • Dumping and Countervailing investigations including:
    • legal representation for importers, exporters and Australian industry in dumping or countervailing investigations;
    • assistance in calculating dumping or countervailing duties; and
    • representation in anti-circumvention matters.
  • Free trade agreements including
    • advice about the effect of free trade agreements on businesses;
    • compliance issues including the application of rules of origin; and
    • preparation of submissions regarding free trade agreement negotiations to the Department of Foreign Affairs and Trade.
  • International transactions including advice regarding:
    • the international sale of goods;
    • joint ventures;
    • foreign investment rules;
    • distribution agreements; and
    • technology transfer licences.
  • Assistance and representation in freight and transportation disputes including:
    • air waybills (these are documents issued by international airlines to acknowledge receipt of goods for transport); and
    • bills of lading (a similar receipt issued for freight shipments).
  • Preparation and representation in litigation including contractual issues and requests for judicial review of Customs’ decisions.
  • Advice relating to compliance with quarantine laws.
  • Issues with tariff concession orders including:
    • drafting tariff concession order applications;
    • seeking a tariff advice in regards to the applicability of a tariff concession order; and
    • assisting Australian manufacturers to apply for revocations of existing tariff concession orders.
  • Legal advice in regards to transfer pricing issues and taxation.
  • Preparing tariff concession applications for the importation of goods to be used in projects that support Australian industry by large-scale manufacturers under the Enhanced Project By-Law Scheme.
  • Commerce trade description issues including:
    • advice regarding the labelling requirements on imported goods; and
    • dealing with breaches of the labelling requirements.

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