Dear Valued Customer,
The final measures for the 2019-20 BMSB season have been published by the Department of Agriculture and Water Resources (DAWR) on their BMSB webpage. The webpage can be found HERE.
For the 2019-20 BMSB risk season, the measures will apply to “Target High Risk” and “Target Risk” goods manufactured in or shipped from “Target Risk Countries” as sea cargo and vessels that berth at, load or tranship from target risk countries from 1 September 2019 and arrive in Australian territory by 31 May 2020 (inclusive).
Target Risk Countries
In response to the rapid expansion of BMSB throughout Europe and North America, the target risk countries have increased from 9 to 32 and include Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Czech Republic, France, Georgia, Germany, Greece, Hungary, Italy, Kosovo, Liechtenstein, Luxembourg, Macedonia, Montenegro, Netherlands, Romania, Russia, Serbia, Slovakia, Slovenia, Switzerland, Spain, Turkey and USA. Vessels from Japan will attract heightened surveillance only.
Target High Risk Goods
All HS tariff commodity codes under chapters 36, 44, 45, 57, 68, 69, 70, 72, 73, 74, 75, 76, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 and 93 are categorised as “Target High Risk” goods. Goods in this category require mandatory treatment for BMSB risk. DAWR’s webpage contains a general description for each of the above commodity codes.
Target Risk Goods
All HS tariff commodity codes under chapters 25, 26, 27, 28, 29, 31, 38, 39, 40, 46, 47, 48, 49 and 56 are categorised as “Target Risk” goods. Goods in this category will not require mandatory treatment, however, they will be subject to onshore intervention through random unpack and inspection. If BMSB is detected, the goods will be directed for onshore treatment. DAWR’s webpage contains a general description for each of the above commodity codes.
All Other Goods (Exempt Goods)
BMSB seasonal measures do not apply to all other goods NOT identified as target high risk and target risk goods. However, exempt goods may be subject to the BMSB measures if they are part of a consignment that contains target high risk and target risk goods.
Treatment Options and Rates
There are approved treatment options and minimum standards for the application of BMSB treatments to effectively treat consignments for import into Australia. The approved treatment options are Heat Treatment, Methyl Bromide Fumigation and Sulfuryl Fluoride Fumigation. Australia and New Zealand are currently in consultation to align their BMSB treatment rates. The rates will be published on DAWR’s web page shortly.
Offshore BMSB Treatment Providers Scheme
All BMSB treatment providers in target risk countries must be registered and approved under the “Offshore Treatment Providers Scheme”. Treatment providers in target risk countries that were registered under the scheme during the 2018-19 season must complete a renewal application for the 2019-20 season. Treatment providers in non-target risk countries who intend to conduct BMSB treatments for goods that were manufactured in any of the target risk countries are also encouraged to register under the scheme.
If you used an approved offshore treatment provider last season and intend using them again this season, we recommend that you advise them of this requirement and encourage them to register for the scheme without delay. Only those offshore treatment providers that meet DAWR’s requirements will be approved and BMSB treatment certificates will only be accepted from offshore providers on the approved list which will be updated throughout the season as DAWR add more approved treatment providers who register and meet their requirements.
The approved list can be found HERE.
Goods Requiring Mandatory Offshore Treatment
If your target high risk goods are shipped from a target risk country as break bulk goods (including on open top containers or on flat rack containers), they MUST be treated offshore using an approved offshore BMSB treatment provider. You will be required to arrange treatment of the containers with your suppliers, or our origin office, before they are shipped. If you do not comply with this mandatory requirement, your goods will be denied discharge and be directed for export upon arrival unless exceptional circumstances are granted.
Goods Able to be Treated Onshore After Arrival in Australia
If your target high risk goods are shipped from a target risk country as FCL, FCX, LCL and FAK and can be treated at the full container level within the container, the goods can be treated either offshore using an approved offshore BMSB treatment provider, or onshore upon arrival in Australia. Please note that goods shipped as FCL, FCX, LCL and FAK containing a mix of target high risk, target risk and exempt goods which cannot be treated at the container level must be treated offshore before arrival into Australia as deconsolidation or removal of goods will not be permitted prior to treatment after arrival in Australia.
Container Loading Requirements
Consideration must be given to ensure containers are loaded in a manner that will enable effective offshore or onshore treatment of goods at the container level. There must be enough vacant space and separation between goods to allow even distribution of the heat or fumigant throughout containers to ensure compliance with the treatment requirements. Containers with insufficient vacant space and separation deemed unable to be treated onshore will be directed for export after arrival in Australia.
Random Onshore Verification Inspections
All target high risk and target risk goods will be subject to increased onshore intervention through random verification inspections and will be directed for onshore treatment if BMSB is detected.
Treating Goods to Address Both Commodity and BMSB Risk
If your consignment has goods that require treatment for both commodity and BMSB risk, treating the goods at the highest rate will meet both requirements as evidence that the treatment requirements for both commodity and BMSB have been met or exceeded.
New Unused and not Field Tested (NUFT) Goods
Certain goods manufactured on or after 1 December 2019 satisfying the full NUFT criteria will be exempt from the BMSB measures. This exemption applies to goods classified under tariff chapters 82, 84, 85, 86, 87, 88 and 89 only.
Goods Transhipped Through a Target Risk Country
Transhipped goods are goods that are discharged in a target risk country for loading onto another conveyance for export to Australia. If your goods are transhipped as break bulk, open top or on flat racks AND spending more than 120 hours in the precinct of the port of the target risk country, the goods must be treated using an approved offshore treatment provider. If the goods are transhipped as FCL or FCX in a sealed container and it will be opened in the target risk country to add target high risk goods, the goods must be treated using an approved offshore treatment provider.
Post Treatment Window
The post treatment window is the timeframe in which treated goods must be loaded onto a vessel for export to Australia. This timeframe commences after treatment has been completed or when ventilation commences.
If your goods are treated in a target risk country and shipped as break bulk, open top or on flat racks, a post treatment window of 120 hours applies. The goods must be loaded onto a vessel for export to Australia within 120 hours after treatment or when ventilation commences. If your goods are treated in a target risk country and shipped as LCL, FAK, FCL or FCX, a post treatment window of 120 hours also applies. The containers must be sealed within 120 hours after treatment has been completed.
The post treatment window only applies to goods treated before 1 December 2019. Goods treated after 1 December 2019 have been recognised as having lower risk of re-infestation and are not subject to the post treatment window of 120 hours.
A new safeguarding arrangements scheme to allow certain goods and supply chains to be recognised under this arrangement is being developed. Under the scheme, approved participants will be recognised for their ability to manage BMSB risk offshore from the point of manufacture to the point of embarkation. The scheme will be trialled with select industry participants before being opened to all other industry participants and more information will be available soon.
How to Comply and Reduce Your Risk
VISA will guide you through the stink bug season and help manage the complex requirements to provide a seamless solution. We will continue to provide support and keep you updated on further developments along the way, including changes to import requirements and regulatory policy.
We will work closely with you to help identify if you are importing target high risk goods, target risk goods or goods originating from target risk countries. We will also help you source a suitable approved offshore treatment provider to reduce delays upon arrival.
If you have any specific questions or scenarios that require advice, please don’t hesitate to contact your VISA representative or our Customs Broker Team at email@example.com.