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How do I apply for a tariff concession order?

I am about to start importing goods for a new product line. Have you got any tips for me?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 19-11-2015
1 Lawyer Answered
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Lisa Wulfsohn, Malvern 3144 VIC

  • Before you apply for a tariff concession order you should check that there is not already an existing tariff concession order covering your goods. If there is you can use the existing tariff concession order. You can check existing tariff concession orders at: http://www.customs.gov.au/tariff/tariff2012.asp#Schedule3.
  • To apply for a new tariff concession order you must complete the tariff concession application form (form B443): http://www.customs.gov.au/webdata/resources/files/B443-TCOform.pdf.
  • In the application you need to show that there are no ‘substitutable goods’ which are being produced already in Australia.
  • Substitutable goods are goods that can be put to the same use as the imported goods.
  • Here are some tips for filling out the application form:
    • provide your details in the ‘applicant details’ section;
    • if you are not the importer you will need to enter importer’s details into the ‘importer details’ section;
    • If you have an agent or broker enter their details into the ‘agent/broker details’ section;
    • you must provide a ‘description of the goods’;
      • the description is the wording that the final tariff concession order will contain;
      • do not use brand names in the description;
      • do not include what the goods will be used for. Focus on describing the actual goods (for example “tables, white, marble with a diameter of 2 metres” instead of “Freedom white marble tables for dining rooms”);
      • anyone can use your tariff concession order once granted including your competitors so you should try to make the description specific to your goods by including exact dimensions, colours and any unique features;
      • you must attach ‘illustrative descriptive material’ of the goods. This means copies of information relating to the exact goods including diagrams, pictures, manuals, guides and technical specifications. This information is often available on the manufacturer’s website or you may need to ask the manufacturer for the information;
    • you must state the tariff classification of the goods and the duty rate specified in the Customs Tariff Act 1995 (Cth);
    • if you have sought a tariff advice provide the tariff advice number or a attach a copy to your tariff concession application;
    • describe what you intend to use the goods for giving specific details;
    • state whether you are aware of existing manufacturers of substitutable goods;
      • you can engage the Industry Capability Network to see if there are any local manufacturers of substitutable goods: http://www.icn.org.au/;
      • otherwise you should conduct at least three trade searches to demonstrate that you tried to find these manufacturers;
      • an example of a trade search website is the Australian Made website: http://www.australianmade.com.au/;
      • you should use approximately five different word combinations when searching;
      • you should print and attach a copy of each of the searches;
      • if any manufacturers are identified you must contact them and provide evidence of this along with the reason why you believe that manufacturers do not produce substitutable goods in Australia.

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