Australian Meat and Live-stock Industry (Beef Export to the USA-Quota Year 2014) Order 2013

Link to law: https://www.comlaw.gov.au/Details/F2013L01966

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Australian Meat and Live‑stock Industry (Beef Export to the USA—Quota Year 2014) Order 2013
I, Patrycia Stone, delegate of the Secretary of the Department of Agriculture, make the following order under section 17 of the Australian Meat and Live‑stock Industry Act 1997.
Dated   19 November 2013
 
Patrycia Stone
Delegate of the Secretary of the Department of Agriculture
 
  
  
  
Contents
1............ Name of order............................................................................................................... 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Application of order...................................................................................................... 1
5............ Purpose of order............................................................................................................ 2
6............ Definitions..................................................................................................................... 2
7............ Approval to export beef before trigger day.................................................................... 3
8............ How to get a US beef quota certificate.......................................................................... 3
9............ Notice about PTAs........................................................................................................ 3
10.......... Calculation of PTAs...................................................................................................... 3
11.......... Notices about intended use of PTAs............................................................................. 4
12.......... What happens if export cannot be completed................................................................. 5
13.......... Use of uncommitted quota pool..................................................................................... 5
14.......... What happens if export from uncommitted quota pool cannot be completed................. 5
15.......... PTA trading................................................................................................................... 6
16.......... Review of certain decisions........................................................................................... 6
17.......... Where to send notices and comments............................................................................ 6
18.......... Expiry............................................................................................................................ 6
 
1  Name of order
                   This order is the Australian Meat and Live-stock Industry (Beef Export to the USA—Quota Year 2014) Order 2013.
2  Commencement
                   This order commences on the day after it is registered.
3  Authority
                   This order is made under section 17 of the Australian Meat and Live‑stock Industry Act 1997.
4  Application of order
             (1)  This order 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 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 2013 be viewed on the United States International Trade Commission’s website (www.usitc.gov).
             (2)  This order 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.
Note:          The definition in Chapter 2 of that 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 of order
                   This order sets out the conditions under which beef can be exported to the United States of America at a tariff rate of zero under the terms of the AUSFTA.
Note:          For 2014, the amount of beef that can be exported to the USA at zero tariff is 413 214 000 kg (the access amount). Imported beef must be covered by a US beef quota certificate to be accepted into the USA at a tariff rate of zero. For imports of beef over the access amount, or not accompanied by a US beef quota certificate, the tariff rate is 24.64%.
6  Definitions
             (1)  In this order:
approval means an approval issued by the Secretary under:
                     (a)  section 7; or
                     (b)  subsection 11(4); or
                     (c)  subsection 12(3).
AUSFTA means the Australia‑US Free Trade Agreement.
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.
EXDOC means the electronic documentation system maintained by the Department.
licensed 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 means the tenth working day after the trigger day.
PTA (short for provisional trigger allocation) means an authorisation by the Secretary to apply, under subsection 11(4), for an approval to export an amount of beef product to the USA at a zero tariff rate under the terms of the AUSFTA.
QA Unit means the section of the Department known as the Quota Administration and Statistics Unit.
qualifying beef means beef to which this order would have applied if this order had been in force during the period commencing on 1 November 2011 and ending on 31 October 2013.
quota beef means beef to which this order applies.
trigger day has the meaning given by subsection (2).
USA includes Puerto Rico.
US beef quota certificate means a certificate granted under section 8.
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 25 December 2014 and ending at the end of 1 January 2015.
             (2)  If there is a day or days before 1 October 2014 on which the total weight of quota beef for which US beef quota certificates have been granted in 2014 exceeds 351 231 900 kg, that day or the first such day is the trigger day for this order.
7  Approval to export beef before trigger day
             (1)  Subject to subsections (2) and (3), if:
                     (a)  a licensed exporter applies for an approval for a proposed export of a consignment of quota beef in the approved form; and
                     (b)  the total weight of beef for which US beef quota certificates have already been granted in 2014 does not exceed 413 214 000 kg;
the Secretary must issue the approval.
             (2)  An approval must specify a date by which the export must be exported (the export deadline).
             (3)  If a day in 2014 is the trigger day, the Secretary must not issue an approval under this section if the application is made after that day.
8  How to get a US beef quota certificate
                   If an exporter:
                     (a)  holds an approval for the export of a consignment of quota beef; and
                     (b)  makes an entry in EXDOC for the consignment;
the Secretary must grant a US beef quota certificate for the consignment.
9  Notice about PTAs
             (1)  The Secretary must give a notice under this section to all eligible exporters that exported qualifying beef to the USA in either of the years beginning on 1 November 2011 and 1 November 2012.
             (2)  The notice must state that if an exporter that receives the notice acknowledges it on or before the trigger day (if it occurs) in the way specified in the notice, the exporter will be taken to have applied for a PTA.
10  Calculation of PTAs
             (1)  In this section:
eligible export means an export to the USA of qualifying beef during the shipping years beginning on 1 November 2011 and 1 November 2012.
eligible exporter means an exporter that exported qualifying beef to the USA in either of those shipping years.
shipping year means a period of 12 months beginning on 1 November.
             (2)  Subject to subsection (3), an eligible exporter’s PTA for 2014 (in kilograms) is calculated as follows:
where:
TA is the total (in kilograms) of all eligible exporters’ eligible exports.
TE is the total (in kilograms) of the eligible exporter’s eligible exports.
             (3)  The eligible exporter’s PTA is:
                     (a)  the amount calculated by the formula in subsection (2); or
                     (b)  if the result of the calculation is less than 1 000 kg—nil.
             (4)  If the total of all eligible exporters’ PTAs is less than 61 982 100 kg, the difference between that amount and the total of all exporters’ PTAs is to be distributed among all eligible exporters that have received PTAs in proportion to their respective PTAs.
11  Notices about intended use of PTAs
             (1)  This section applies if a day during 2014 is the trigger day.
             (2)  On the trigger day, the Secretary must send to each licensed exporter a notice stating the date of the trigger day and that those with a PTA are authorised to use it.
             (3)  An exporter who holds a PTA must, on or before the end of the notice day, notify the Secretary in writing whether the exporter intends to use some or all of the PTA, and the amount of the PTA that it intends to use (the notified amount).
             (4)  An exporter that notifies the Secretary, on or before the end of the notice day, that it intends to use some or all of its PTA must apply, by the end of the fifth working day after the notice day, to the Secretary for an approval to export the notified amount of quota beef to the USA and the Secretary must issue the approval.
             (5)  If an exporter fails to notify the Secretary before the end of the notice day whether it intends to use some or all of its PTA, or notifies the Secretary on or before that day that it intends to use none of its PTA, the uncommitted quota pool increases by the amount of the exporter’s PTA.
             (6)  If an exporter notifies the Secretary before the end of the notice day that it intends to use some of its PTA, the uncommitted quota pool increases by the amount of the part of its PTA in excess of the notified amount.
             (7)  For subsections (3) to (6), any PTA that an exporter has received by trading forms part of its PTA if the QA Unit has been notified of the trade in accordance with section 15.
12  What happens if export cannot be completed
             (1)  If an exporter is issued an approval, but the export is not, or cannot be, completed by the export deadline specified under subsection 7(2), the exporter must give the Secretary 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 an exporter gives the Secretary notice in accordance with subsection (1), the Secretary may amend the relevant approval in any respect.
             (3)  If the exporter does not give the Secretary notice in accordance with subsection (1), or if the exporter gives notice but the Secretary does not amend the approval, the approval lapses at the end of the fifth working day after the export deadline.
             (4)  If an approval lapses before the trigger day, then for the purposes of sections 7 and 11 the approval is taken never to have been issued.
             (5)  If an approval lapses on or after the trigger day, the uncommitted quota pool increases by the amount not exported.
13  Use of uncommitted quota pool
             (1)  This section applies if there is any amount in the uncommitted quota pool.
             (2)  A licensed exporter may, after the notice day, apply to the Secretary for an approval to export quota beef.
             (3)  The Secretary must, if the amount of quota beef sought to be exported is not more than the amount in the uncommitted quota pool:
                     (a)  issue the approval sought; and
                     (b)  specify a day and time by which the export must be completed (the export deadline).
             (4)  If the Secretary issues the approval:
                     (a)  the Secretary must also grant a US beef quota certificate for the export; and
                     (b)  the uncommitted quota pool reduces by the amount of the export.
14  What happens if export from uncommitted quota pool cannot be completed
             (1)  If an exporter is issued an approval against the uncommitted quota pool, but the export cannot be completed by the export deadline, the exporter must give the Secretary 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 an exporter gives the Secretary notice in accordance with subsection (1), the Secretary may amend the relevant approval in any respect.
             (3)  If the exporter does not give the Secretary notice in accordance with subsection (1), or if the exporter gives notice but the Secretary does not amend the relevant approval:
                     (a)  the approval lapses at the end of the fifth working day after the export deadline; and
                     (b)  the uncommitted quota pool increases by the amount not exported.
15  PTA trading
             (1)  A licensed exporter that has been granted a PTA may trade all or part of it with another licensed exporter.
             (2)  The exporter to which the PTA was allocated, or that became the holder of it under a previous trade, must give notice to the QA Unit of the trade.
             (3)  Subject to subsection (4), a trade of which notice is not given to the QA Unit within 10 working days after the trigger day has no effect for the purposes of this order.
             (4)  Subsection (3) does not apply to a trade to a licensed exporter, acting as an agent of the quota holder, of sufficient quota to cover a single consignment for the purpose only of exporting that consignment.
16  Review of certain decisions
                   An exporter may apply to the Administrative Appeals Tribunal for review of a decision of the Secretary relating to amendment of an approval issued under this order.
17  Where to send notices and comments
                   If a provision of this order requires a person to give a document, lodge an application or provide information to the QA Unit, the document, application or information must be sent in one of the following ways:
                     (a)  by post to:
                            Quota Administration & Statistics Unit
Australian Government Department of Agriculture
GPO Box 858
CANBERRA ACT 2601;
                     (b)  by email to:
quota.admin@daff.gov.au;
                     (c)  by fax to:
02 6272 4585.
18  Expiry
                   This order expires at the end of 31 December 2014 as if it had been repealed by another order.