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ARTICLE · 18 MAY 2017

Why you need both a tariff advice and a tariff concession order

This case highlighted the protection for a TCO applicant that was afforded by proactively obtaining a tariff advice.

AustraliaInternational Law

When you apply for a tariff concession order (TCO) you have to nominate the appropriate tariff classification. Customs may not dispute the nominated classification at the time of application, but this doesn't mean that many years after the TCO is made you can assume that your nominated tariff classification is correct. A recent case shows how disastrous a change in view as to classification can be for the TCO applicant. It also highlights the protection that can be afforded by proactively obtaining a tariff advice.

What happens if the initial tariff classification is wrong?

When a TCO is made it is attached to a particular tariff classification. For a good to receive duty free entry under the TCO, the good must first be classified to the tariff classification to which the TCO is keyed. The good must then also come within the description of goods contained within that TCO. It can happen that a TCO is attached to particular tariff classification, and then at a later

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