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ARTICLE · 18 NOVEMBER 2014

Tariff Concession Orders: proposed changes to criteria

It will be harder for importers to obtain TCOs and easier for local manufacturers to seek revocation of existing TCOs.

AustraliaInternational Law

Hunt & Hunt together with the Freight & Trade Alliance (FTA) has made a joint submission to Customs regarding their proposed changes to the criteria for making tariff concession orders (TCO).

The changes proposed by Customs would make it harder for importers to obtain TCOs and easier for local manufacturers to seek revocation of existing TCOs.

Our previous update on the proposed change outlined the nature and likely impact of the change . Essentially, before a TCO can be made, it must be shown that there is no Australian producer of substitutable goods.

The current legislation requires that before goods will be classified as being produced in Australia at least 25% of the labour costs, factory overhead costs and material must be of Australian origin (25% test). A second test requires that there be a substantial process in the manufacture of the goods undertaken in Australia (Substantial Process Test).

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