On 18 May 2004, the Minister for Trade signed the Australia-United States Free Trade Agreement (AUSFTA) with the United States (US). Under AUSFTA, goods that are US originating goods according to the AUSFTA Rules of Origin may enter Australia at preferential rates of duty. AUSFTA also allows for Australian goods to receive reciprocal duty entry into the US.
Further information on AUSFTA is available via the following links.
Australian Customs Notices
Practice Statement and Associated Documents
Claiming preference under the Integrated Cargo System (ICS)
Sample statements for US manufacturers/producers
To claim a preferential rate of customs duty under the
Australia - United States Free Trade Agreement (AUSFTA), an importer needs to possess the information, or knowledge, that the imported good meets the relevant rule of origin.
The importer does not need to possess a certificate of origin, a declaration or any other particular documentation to claim a preferential rate of customs duty.
Numerous Australian importers and customs brokers as well as US manufacturers and exporters have prepared certificates of origin or declarations for possible use under the AUSFTA. Given the interest in the use of such documentation and given that most of the documentation has contained insufficient information, the Department has prepared statements that would be accepted for the purposes of the AUSFTA.
- The first sample is for goods (other than textiles and apparel) that meet a product-specific rule of origin
- The second sample is for textiles and apparel that meet a product-specific rule of origin
- The third sample is for goods that are produced entirely in the USA, or in the USA and Australia, from originating materials
- The fourth sample is for goods that are wholly obtained or produced entirely in the USA
The statements should be completed by the US manufacturer/producer of the goods. A statement from an exporter who is not the US manufacturer/producer of the goods will be accepted when it can be demonstrated that the information contained in the exporters statement has been obtained from the manufacturer/producer.
The Department will accept such a statement as
prima facie evidence that the goods meet a rule of origin under the AUSFTA.
It should be noted that the sample statements are designed as a
guide only. The use of such statements is discretionary, not compulsory, and Australian importers are entitled to claim a preferential rate of customs duty without recourse to such statements.