Ruling by the ACCC
Consumer watchdog the Australian Competition and Consumer Commission (ACCC) has carried out compliance checks across a range of frozen fish products, becoming concerned the products displayed a misleading ‘Made in Australia’ mark.
Popular fish brands like Birds Eye, I&J and Neptune will no longer be sold as being ‘Made in Australia’ after the ACCC found it was misleading. Simplot Australia Pty Ltd, which owns these three brands, has amended the country of origin labelling on 31 frozen fish products from ‘Made in Australia’ to ‘Packed in Australia’.
The ACCC found products sold by Simplot’s brands used fish imported from a number of countries including New Zealand, United States and South Africa. Simplot was under the impression that slicing, crumbing and par-frying of the frozen fish “constituted substantial transformation, justifying the use of the ‘Made in Australia’ markâ€. However, the ACCC’s view is that these are only minor processes that occur here in Australia and, when viewed collectively, the imported ingredients do not differ fundamentally from the manufactured goods.
ABF Issues Notice on Origin Declarations
The Australian Border Force (ABF) has issued Australian Customs Notice No. 2020/43: Expansion of Origin Waiver benefit for Australian Trusted Traders. (ATT).
The benefit waives the requirement for Certificates or Declarations of Origin for Trusted Traders importing originating goods under the trade agreements covered by the benefit. ATT importers will still need to keep evidence (for at least five years) that imported goods comply with the relevant rules of origin, and present this if asked. Examples of evidence include commercial documentation and contracts, and statements about manufacturing process, materials and compliance with cost requirements from manufacturers.
The ABF is extending the Australian Trusted Trader (ATT) Origin Waiver benefit to four additional trade agreements:
· Australia-Hong Kong Free Trade Agreement (AHKFTA) for importations after 17 January 2020;
· Indonesia‑Australia Comprehensive Economic Partnership Agreement (IA-CEPA) for importations after 11 February 2020;
· Peru-Australia Free Trade Agreement (PAFTA) for importations after 5 July 2020; and
· Comprehensive and Progressive Agreement for Trans‑Pacific Partnership for importations after 5 November 2020.
Colless Young is a licensed Customs Broker and International Freight Forwarder based in Brisbane. We offer professional advice on trade, transport and shipping through all Australian ports and airports. Our services cover every aspect of logistics, including exports and clearance of import cargo through customs and quarantine, warehousing and trucking.
