Australian Meat and Live‑stock Industry (Beef Export to the USA—Quota Years 2015‑2021) Order 2014
I, Matthew Koval, delegate of the Secretary of the Department of Agriculture, make the following order.
Dated 11 November 2014
Matthew Koval
Delegate of the Secretary of the Department of Agriculture
Contents
Part 1—Preliminary 1
1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Application.................................................................................................................... 1
5............ Purpose......................................................................................................................... 2
6............ Definitions..................................................................................................................... 2
Part 2—Approvals until trigger day 4
7............ Approval to export quota beef until trigger day............................................................. 4
8............ What happens if export cannot be completed?............................................................... 4
Part 3—Approvals after trigger day 5
9............ Calculation of exporter’s PTE....................................................................................... 5
10.......... Notice before trigger day about exporter’s PTE............................................................ 5
11.......... Notice about trigger day and intended use of exporter’s PTE........................................ 5
12.......... Transfer of exporter’s PTE............................................................................................ 6
13.......... Allocation of quota........................................................................................................ 6
14.......... Use of allocated quota................................................................................................... 6
15.......... Use of uncommitted quota............................................................................................. 6
16.......... What happens if export cannot be completed?............................................................... 7
Part 4—Miscellaneous 8
17.......... Review of certain decisions........................................................................................... 8
18.......... Where to send notices.................................................................................................... 8
19.......... Repeal............................................................................................................................ 8
Part 1—Preliminary
1 Name
This is the Australian Meat and Live-stock Industry (Beef Export to the USA—Quota Years 2015-2021) Order 2014.
2 Commencement
This instrument commences on the day after it is registered.
3 Authority
This instrument is made under section 17 of the Australian Meat and Live‑stock Industry Act 1997.
4 Application
(1) This instrument applies to beef that is fresh, chilled or frozen and is classified in any of the following classifications of the Harmonized Tariff Schedule of the United States:
(a) 0201.10.10;
(b) 0201.20.10;
(c) 0201.20.30;
(d) 0201.20.50;
(e) 0201.30.10;
(f) 0201.30.30;
(g) 0201.30.50;
(h) 0202.10.10;
(i) 0202.20.10;
(j) 0202.20.30;
(k) 0202.20.50;
(l) 0202.30.10;
(m) 0202.30.30;
(n) 0202.30.50.
Note: The Harmonized Tariff Schedule of the United States is part of 19 USC Chapter 4 (the Tariff Act of 1930). Its implementation was authorised by 19 USC Chapter 18. The full Harmonized Tariff Schedule could in 2014 be viewed on the United States International Trade Commission’s website (http://www.usitc.gov).
(2) This instrument does not apply to:
(a) edible offal; or
(b) canned or processed meat; or
(c) meat loaded onto a ship as part of the ship’s stores.
(3) In paragraph (2)(b):
processed meat has the same meaning as in the Harmonized Tariff Schedule of the United States.
Note: The definition in Chapter 2 of the Harmonized Tariff Schedule is as follows: “The term ‘processed’ covers meats which have been ground or comminuted, diced or cut into sizes for stew meat or similar uses, rolled and skewered, or specially processed into fancy cuts, special shapes, or otherwise made ready for particular uses by the retail consumer.”.
5 Purpose
This instrument sets out the conditions under which quota beef can be exported to the United States of America at a tariff rate of zero under the terms of the AUSFTA.
Note: A set amount of beef can be exported to the USA at zero tariff in each year (see the definition of access amount in section 6). Imported beef must be covered by a US beef quota certificate to be accepted into the USA at a tariff rate of zero. A higher tariff rate applies for imports of beef over the access amount, or not accompanied by a US beef quota certificate.
6 Definitions
(1) In this instrument:
access amount, for a quota year, means:
(a) for 2015 and 2016—418 214 000 kilograms; or
(b) for 2017 and 2018—423 214 000 kilograms; or
(c) for 2019—428 214 000 kilograms; or
(d) for 2020—433 214 000 kilograms; or
(e) for 2021—438 214 000 kilograms.
AUSFTA means the Australia‑US Free Trade Agreement, done at Washington DC on 18 May 2004.
Note: The Australia‑US Free Trade Agreement is in Australian Treaty Series 2005 No. 1 ([2005] ATS 1) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
beef means meat derived from cattle.
consignment means a single shipment of quota beef (by sea or air) by an exporter to a single consignee.
eligible export, in relation to a quota year, means an export to the USA of quota beef during the period of 2 years that:
(a) begins on 1 November 26 months before the start of the quota year; and
(b) ends on 31 October immediately before the start of the quota year.
EXDOC means the electronic documentation system maintained by the Department.
export deadline, in relation to a consignment of quota beef, means the date by which the consignment must be exported.
exporter means the holder of a meat export licence, issued under section 10 of the Australian Meat and Live‑stock Industry Act 1997, that permits the holder to export a beef product to the USA.
notice day, for a quota year, means the tenth working day after the trigger day for the quota year.
PTE (short for provisional trigger entitlement), for an exporter for a quota year, means the amount calculated under section 9.
QA Unit means the section of the Department known as the Quota Administration and Statistics Unit.
Note: The address of the Department’s QA Unit is given in section 18.
quota beef means beef to which this instrument applies.
quota year means a calendar year between and including 2015 and 2021.
trigger day, for a quota year: see subsection (2).
uncommitted quota, for a quota year in which there is a trigger day, means any part of the access amount for the quota year that is:
(a) not covered by a US beef quota certificate; and
(b) not part of the quota allocated to any exporter under section 13.
USA includes Puerto Rico.
US beef quota certificate means a certificate authorising the entry of beef into the USA at a tariff rate of zero.
working day means a day that is not any of the following:
(a) a Saturday or Sunday;
(b) a public holiday in the Australian Capital Territory;
(c) a day in the period beginning on 27 December and ending on the next 31 December.
(2) If there is a day before 1 October in a quota year on which the total weight of quota beef for which US beef quota certificates have been granted exceeds 85% of the access amount for the quota year, the first such day is the trigger day for the quota year.
Part 2—Approvals until trigger day
7 Approval to export quota beef until trigger day
(1) Subject to subsection (3), if:
(a) an exporter applies for approval of a proposed export in a quota year of a consignment of quota beef, by making an entry in EXDOC for the consignment; and
(b) the total weight of quota beef for which US beef quota certificates have already been granted for the quota year does not exceed the access amount for the quota year;
the Secretary must approve the export of the consignment and grant a US beef quota certificate for the consignment.
(2) The certificate must specify the export deadline for the consignment.
(3) If there is a trigger day for the quota year, the Secretary must not approve the export of a consignment under this section if the application is made after that day.
8 What happens if export cannot be completed?
(1) If an exporter is granted a US beef quota certificate for a consignment under section 7, but export of the consignment is not, or cannot be, completed by the export deadline specified in the certificate, the exporter must give the QA Unit notice of that fact, and the reasons why the export could not be completed by the export deadline, within 5 working days after the export deadline.
(2) If the exporter gives the QA Unit notice in accordance with subsection (1), the Secretary may vary the US beef quota certificate in any respect.
(3) If the exporter does not give the QA Unit notice in accordance with subsection (1), or the exporter gives notice but the Secretary does not vary the US beef quota certificate:
(a) the certificate lapses at the end of the fifth working day after the export deadline; and
(b) export of the consignment is no longer approved.
(4) If a US beef quota certificate granted under section 7 for export of a consignment in a quota year lapses before the trigger day for the quota year, the certificate is taken never to have been granted.
(5) If a US beef quota certificate granted under section 7 for export of a consignment in a quota year lapses on or after the trigger day for the quota year, the amount of quota beef for which the certificate was granted becomes uncommitted quota.
Part 3—Approvals after trigger day
9 Calculation of exporter’s PTE
(1) Subject to subsections (2) and (3), the amount of an exporter’s PTE for a quota year is:
where:
AA is the access amount for the quota year.
TA is the total (in kilograms) of all eligible exports in relation to the quota year.
TE is the total (in kilograms) of the exporter’s eligible exports in relation to the quota year.
(2) If the amount of an exporter’s PTE for a quota year calculated under subsection (1) is less than 1 000 kilograms, the exporter’s PTE for the quota year is zero.
(3) If the total PTE for all exporters for a quota year, as determined under subsections (1) and (2), is less than 15% of the access amount for the quota year, the difference between the access amount and the total PTE is to be allocated to the exporters in proportion to each exporter’s PTE.
10 Notice before trigger day about exporter’s PTE
(1) If the Secretary believes a trigger day is likely to occur in a quota year, the Secretary must give a notice to each exporter that has made an eligible export in relation to the quota year.
(2) The notice must:
(a) state the amount (if any) of the exporter’s PTE for the quota year; and
(b) state that, if the exporter wishes the PTE to be allocated to the exporter after the trigger day (if it occurs), the exporter must acknowledge the notice before the trigger day; and
(c) specify the way in which the notice is to be acknowledged.
11 Notice about trigger day and intended use of exporter’s PTE
(1) If there is a trigger day in a quota year, the Secretary must, on that day, send each exporter a notice stating:
(a) the date of the trigger day; and
(b) if the exporter has acknowledged a notice sent under section 10—the amount of the exporter’s PTE and that the exporter is authorised to deal with it.
(2) An exporter who is notified of an amount of PTE under paragraph (1)(b) must, before the end of the notice day for the quota year, notify the Secretary in writing:
(a) whether the exporter intends to deal with some or all of the exporter’s PTE to export quota beef; and
(b) if so—the amount of the PTE that the exporter intends to export.
12 Transfer of exporter’s PTE
(1) An exporter that has been authorised to deal with its PTE under subsection 11(1) may transfer all or part of the PTE to another exporter.
(2) An exporter that is transferring an amount of PTE must give notice of the transfer to the QA Unit before the end of the notice day for the quota year.
(3) A transfer has no effect for the purposes of this instrument if notice is not given in accordance with subsection (2).
13 Allocation of quota
The Secretary must allocate the following amounts of quota to an exporter:
(a) any amount of PTE the exporter notifies the Secretary of under paragraph 11(2)(b);
(b) any amount of PTE transferred to the exporter in accordance with section 12.
Note: Amounts of PTE that are not allocated to any exporter and are not covered by a US beef quota certificate will be uncommitted quota, which can be used after the notice day (see section 15).
14 Use of allocated quota
(1) An exporter that has been allocated quota for a quota year under section 13 may apply for an approval under this section to export a consignment of quota beef in the quota year, by making an entry in EXDOC for the consignment.
(2) The Secretary must approve the export of the consignment and grant a US beef quota certificate for the consignment if the sum of:
(a) the weight of the consignment; and
(b) the total weight of quota beef for which US beef quota certificates have already been granted to the exporter for the quota year under this section;
is not more than the exporter’s allocated quota for the quota year.
(3) The certificate must specify the export deadline for the consignment.
15 Use of uncommitted quota
(1) Subject to subsection (5), if there is an amount of uncommitted quota for a quota year in which there is a trigger day, an exporter may apply, after the notice day for the quota year, for an approval under this section to export a consignment of quota beef in the quota year.
(2) The exporter must apply by making an entry in EXDOC for the consignment.
(3) The Secretary must approve the export of the consignment and grant a US beef quota certificate for the consignment if the weight of the consignment is not more than the amount of uncommitted quota for the quota year.
(4) The certificate must specify the export deadline for the consignment.
(5) An exporter must not make an application under this section if approval to export the consignment could be given under section 14.
16 What happens if export cannot be completed?
(1) If an exporter is granted a US beef quota certificate for a consignment under section 14 or 15, but export of the consignment is not, or cannot be, completed by the export deadline specified in the certificate, the exporter must give the QA Unit notice of that fact, and the reasons why the export could not be completed by the export deadline, within 5 working days after the export deadline.
(2) If the exporter gives the QA Unit notice in accordance with subsection (1), the Secretary may vary the US beef quota certificate in any respect.
(3) If the exporter does not give the QA Unit notice in accordance with subsection (1), or the exporter gives notice but the Secretary does not vary the US beef quota certificate:
(a) the certificate lapses at the end of the fifth working day after the export deadline; and
(b) export of the consignment is no longer approved.
Part 4—Miscellaneous
17 Review of certain decisions
If the Secretary decides, under subsection 8(2) or 16(2), to vary or not to vary a US beef quota certificate granted to an exporter, the exporter may apply to the Administrative Appeals Tribunal for review of the decision.
18 Where to send notices
If a provision of this instrument requires or permits a person to give notice to the QA Unit, the notice must be sent in one of the following ways:
(a) by post to:
Quota Administration and Statistics Unit
Department of Agriculture
GPO Box 858
CANBERRA ACT 2601;
(b) by email to:
quota.admin@agriculture.gov.au.
19 Repeal
This instrument is repealed at the end of 31 December 2021.
