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ARTICLE · 29 JULY 2011

When are locally manufactured products "substitutable goods"?

Cooper Grace Ward
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The issue of whether "substitutable goods" are produced in Australia turns on the "use" of the imported goods.

AustraliaConsumer Protection
Fletch Heinemann
Fletch Heinemann
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The issue of whether "substitutable goods" are produced in Australia turns on the "use" of the imported goods compared to the locally produced goods.

Tariff Concession Orders (TCOs) play an important role for Australian producers and importers. The TCO system generally allows for the removal of customs duties on imported goods where there is no local industry producing "substitutable goods" in Australia.

The decision of Robertson J in Nufarm Australia Ltd v DowAgrosciences Australia Ltd (No 2) [2011] FCA 757 sets out the correct application of the "substitutable goods" test.

1. The path to the Federal Court

The dispute centred on whether a TCO should be granted to Dow AgroSciences (Dow) for certain imported herbicides. Nufarm Australia Ltd (Nufarm) objected to Dow's TCO application on the basis that Nufarm produced substitutable goods in Australia. Customs accepted Nufarm's objection and refused to grant the TCO.

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