APPLICATION FOR A TARIFF CONCESSION ORDER (TCO)...Customs, or if by e-mail, when it is first...

APPLICATION FOR A TARIFF CONCESSION ORDER (TCO) The form should be read carefully before being completed (a) Bf 3 lodging an application for a TCO, the applicant should determine whether a suitable TCO already exists. Information on exibLing TCOs is contained in the schedule of Concessional Instruments (SCI), a copy of which is available at each Regional Office of Customs. A TCO can be used by any importer. (b) An application will be date stamped on the day it is first received in Canberra by an officer of Customs. Receipt of an application will be acknowledged. Any resultant TCO will operate from the date of receipt. Instructions on how to lodge this form are provided at the end of this form. (c) Where an application is accepted as being a valid application, the identity of the applicant and of the importer for whom the applicant is acting will be published in the Gazette. (d) Section 269F of the Customs Act 1901 requires that a TCO application to be in writing, be in an "approved form", contain such information as the form requires, and be signed in the manner indicated in the form. This is the approved form for the purposes of that section. (e) Section 269FA of the Customs Act 1901 states "It is the responsibility of an applicant for a TCO to establish, to the satisfaction of the Chief Executive Officer (CEO), that, on the basis of: (i) all information that the applicant has, or can reasonably be expected to have; and (ii) all inquiries that the applicant has made, or can reasonably be expected to make; there are reasonable grounds for asserting that the application meets the core criteria". The application is taken to meet the core criteria if, on the day of lodgement of the application, no substitutable goods were produced in Australia in the ordinary course of business. (f) Every question on the form must be answered. Failure to supply the information required by this form will result in rejection of the application (and in the loss of operative date). (g) Where the form provides insufficient space to answer a question, an answer may be provided in an attachment. The attachment should clearly identify the question to which it relates. (h) All information about inquiries into the production of substitutable goods must relate to the date the application is lodged with Customs. (i) Customs may require an applicant to substantiate, with documentary evidence, any information provided in the application form. (j) Further information on the Tariff Concession System is available in Part XVA of the Customs Act 1901, in the foreword to the Schedule of Concessional Instruments, in the administrative guidelines in Volume 13 of the Australian Customs Service Manual, in Australian Customs Notice No. 98/19, on the internet at www.customs.gov.au, by e-mailing [email protected] or by phoning the Customs Information Centre 1300 363 263.

APPLICANT DETAILS (An agent/broker should provide details on the next page Applicant's Name Detmold Packaging Pty Ltd

Australian Business Number (AB.N.) 85 007 527 0013

Postal Address 45 Chief Street, Brompton, Adelaide Applicant's Reference TCO Cartons

Owner Code (if applicable) same as ABN

Company Contact

Position Held

Telephone Number

Facsimile Number (61-8) 8348 3224

If you do not intend to use the TCO to import into Australia the goods the subiect of the application, you must provide, in the section below, the identity of the importer for whom you are acting (refer to paragraph 269F(3)(c) of the Customs Act 1901). IMPORTER DETAILS Importer's Name (If same as applicant, write "as above" As above

Australian Company Number (A.C.N.)

Postal Address

Importer's Reference Owner Code '::.:

Company Contact Position Held

Telephone Number Facsimile Number

B443 (June 2001)

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AGENT/BROKER DETAILS if applicable Ageni'---Name MFg_Jgistics Pty Ltd

A.C.N. 31 125 320 658

Postal Address Unit 5,11-13 Friendship Road, Port Botany NSW 2036: P0 Box 630, Matraville NSW 2036 Agent's Reference TCO Cartons

Agency Contact

Telephone Number

Facsimile Number

DESCRIPTION OF GOODS 1. The description of the goods in the application will be used as the description of the goods in the TCO (if made). 2. The application should provide a full description of the goods, including the physical features of the goods or the various

a. components of the goods. It should not describe the goods in terms of what they do. 3. In accordance with section 269SJ of the Customs Act 1901, the CEO must not make a TCO in respect of goods: (a)described in terms other than in generic terms; or (b)described in terms of their intended end use; or (c) declared by the regulations to be goods to which a TCO should not be extended.

Goods will be taken to be described in terms other than in generic terms if, for example, their description, either directly or by implication, indicates that they are goods of a particular brand or model, or that a particular part number applies to the goods.

4. Guidance on the drafting of the description of goods is contained in Volume 13 of the ACS Manual and in Australian Customs Notice No. 98/19.

Describe the goods

Tariff Item 4819.20.00 CARTONS, paperboard, having ALL of the following:

(a) lock-in tabs (b) flat packed (c) clear film window on one side of either polyester, polypropylene or poly lactic acid

ILLUSTRATIVE MATERIAL 2

Attach technical, illustrative descriptive material and/or a sample to enable a full and accurate identification

of the goods the subject of the application. Pamphlet of window cake cartons enclosed

TARIFF CLASSIFICATION 3 Identify the tariff classification (to 8 figure subheading level) : 4819.20.00

Identify the General Duty rate : 0.5%

If a Tariff Advice for the goods has been sought or obtained, please provide the TA No: No

Or attach a copy. No

4

Describe ALL use (including design uses) to which the goods can be put.

For packaging of food

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SUBSTITUTABILITY OF LOCALLY PRODUCED GOODS a) A local manufacturer's goods are substitutable when they are put or are capable of being put, to use that corresponds with

use (including a design use) to which the goods the subject of the application can be put (subsection 269B(1) of the Customs Act 1901). Even if not identical, locally made goods may be substitutable.

(b) In determining whether the uses of Australian produced goods correspond with the uses of the goods the subject of the application, the ability of the goods to compete with each other in any market is not relevant.

(c) The applicant must provide information as to the inquiries made to establish that there are reasonable grounds for believing that there are no producers of substitutable goods in Australia. The application must include a copy of correspondence to, and replies from, local manufacturers. The application will be rejected if it fails to provide all information as to the inquiries made.

NOTE: The Australian Customs Service suggests that local manufacturers should be given at least 10 working days to respond to inquiries concerning local manufacture.

5 Provide details of the nature of ALL inquiries you have undertaken in order to establish that substitutable goods are not produced in Australia, and the results of those inquiries.

Attached are the results of our search identifying potential local manufacturers within Australia. Our research has not identified any companies dealing in these types of flat packaged window cartons.

6 Provide any additional information in support of discharging your responsibility to establish that there are reasonable grounds for asserting that there are no substitutable goods produced in Australia in the ordinary course of business.

The applicant is not aware of any Australian manufacturers that produce window cartons of this type in the ordinary course of business goods substitutable for those for which concession is sought..

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PRESCRIBED ORGANISATIONS 7 /-lye you made inquiries of a prescribed organisation to obtain advice about whether there are producers in Australia of

_ astitutable goods?

NO

Note that under subsection 269M(6) of the Customs Act 1901, the CEO may, despite section 16 of the Customs Administration Act 1985, give a copy of all, or of a part, of the application to a prescribed organisation.

> Prescribed Organisation's Name

> Prescribed Organisation's Reference

> Prescribed Organisation's Advice:

The source and results of our research are attached.

ADDITIONAL INFORMATION 8 Provide any additional information in support of your application.

DECLARATION

adoa/07

Company (if applicable) MFS Logistics Pty Ltd

Position Held

Declare that:

To the best of my knowledge and belief the information contained in this form is correct; and

2 I have the authority to act on behalf of the company/applicant. I agree, in submitting this form by electronic means (including facsimile) that, for the purposes of Sub-Section 14(3) of the Electronic Transactions Act, this application will be taken to have been lodged when it is first received by an officer of Customs, or if by e-mail, when it is first accessed by an officer of Customs, as specified in Sub-Section 269F(4) of the Customs Act.

NOTE: SECTION 234 OF THE CUSTOMS ACT 1901 PROVIDES THAT IT IS AN OFFENCE TO MAKE A STATEMENT TO AN OFFICER THAT IS FALSE OR MISLEADING IN A MATERIAL PARTICULAR. WHEN THIS FORM HAS BEEN COMPLETED, LODGE IT WITH CUSTOMS BY: • posting it by prepaid post to the National Manager, Tariff Branch Australian Customs Service Customs House 5 Constitution Avenue CANBERRA ACT 2601 or • delivering it to the ACT Regional Office located at Customs House, Canberra or • sending it by facsimile to (02) 6275 6376 Or • e-mailing it to [email protected].

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large lock in base window carton medium lock in base w1ndow carton

/A. WINDOW CAKE RANGE BY DETPAK

PRODUCT

7"

CODE DESIGN SIZE HxWxD CTN/QTY

P9600

WINDOW CAKE CARTONS

White 180x180x75mm 200

9" P9601 White 230 x 230 x75 mm 200

9" P9602 White 240 x 240x120mm 100

11" P9603 White 280 x 280 x100 mm 100

small

LOCK IN BASE WINDOW CARTONS

P9358 White 110x130x8Omm BOO

medium P938LI White 180x110x8Omm LIDO

large P9359 White 260x110x8Omm 300

DVApak A MEMBER OF THE DETMOLD PACKAGING GROUP

FOR FURTHER INFORMATION, SAMPLES OR TO PLACE AN ORDER CALL TOLL FREE: AUS - 1300 363 380, NZ - 0800 338 725 OR EMAIL: AUS - [email protected] , NZ - [email protected] I WWW.DETPAK.COM

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Australian Government

Australian Customs Service

'17(a

Reply to the Chief Executive Officer

Quote: TC 0911330

Australian Customs Service Customs House 5 Constitution Avenue CANBERRA ACT 2601 Ph: (02) 6275 6758 Fax: (02) 6275 6376 Email: [email protected]

5 May 2009

THE MANAGER SHOALHAVEN PAPER MILL 340 BOLONG RD BOMADERRY NSW 2541

Dear Sir or Madam,

TARIFF CONCESSION SYSTEM NOTIFICATION OF APPLICATION

An application has been made for a Tariff Concession Order (TCO) as described in the attachment.

The Tariff Concession System allows for a concessional rate of Customs duty where it can be established that on the day on which the application was lodged, no substitutable goods were produced in Australia in the ordinary course of business.

To allow for comments by local manufacturers, all applications for Tariff Concession Orders are published in the Commonwealth Gazette. In this instance, Customs is bringing to your attention Gazette Number TC09/18 of 6 May 2009 in which a description of the goods in the attachment has been published.

In accordance with section 269M of the Customs Act 1901, you are invited to lodge a submission objecting to the making of this TCO if you consider that you have any reasons to oppose the making of the TCO.

Objections to Tariff Concession Orders by local manufacturers must be submitted on an approved form. As required by legislation, your submission must be lodged with Customs in accordance with the methods of lodgement specified on the approved form no later than 25 June 2009.

Yours sincerely,

Customs Officer Trade Services

protecting our borders

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Descriktion of Goods including the Schedule 4 Item Number Customs Tariff Classification

4819.20.00 CARTONS, paperboard, flat packed, having BOTH of the 50 following: (a) lock-in tabs; (b) clear plastic window on one side

Op. 03.04.09 - TC 0911330

Stated Use: For packaging of food

Applicant: Detmold Packaging Pty Ltd

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Quote: TC 0911330

'54


5 May 2009

THE MANAGER VISY PACKAGING 118 HAMMOND RD DANDENONG VIC 3175

Dear Sir or Madam,







Yours sincerely,



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DescAption of Goods including the Schedule 4 Item Number

Customs Tariff Classification


Op. 03.04.09 - TC 0911330



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Quote: TC 0911330


5 May 2009

THE MANAGER BSB PACKAGING 5 WADHURST DR BORON IA VIC 3155

Dear Sir or Madam,







Yours sincerely,



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Ati\

(-

Descr4tion of Goods including the Schedule 4 Item Number Customs Tariff Classification

4819.20.00 CARTONS, paperboard, flat packed, having BOTH of the following: (a) lock-in tabs; (b) clear plastic window on one side

Op. 03.04.09



- TC 0911330

50

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So Australian Government


5 May 2009

THE MANAGER AUSTRALIAN PAPER 307 FERNTREE GULLY RD MT WAVERLEY VIC 3149

Dear Sir or Madam,







Yours sincerely,




Quote: TC 0911330


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(

DescriXion of Goods including the Schedule 4 Item Number Customs Tariff Classification


Op. 03.04.09 - TC 0911330



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Quote: TC 0911330


5 May 2009

THE MANAGER AMCOR WORLDWIDE 109 BURWOOD RD HAWTHORN VIC 3122

Dear Sir or Madam,







Yours sincerely,



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Descri)tion of Goods including the Schedule 4 Item Number Customs Tariff Classification


Op. 03.04.09



- TC 0911330

50

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Quote: TC 0911330


5 May 2009

THE MANAGER ALLIANCE PAPER PRODUCTS PO BOX 161 ARCH ERFIELD QLD 4108

Dear Sir or Madam,







Yours sincerely,



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2,5

DescrOtion of Goods including the Schedule 4 Item Number Customs Tariff Classification


Op. 03.04.09



- TC 0911330

50

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I Australian Customs Service


Quote: TC 0911330 Your Ref: TOO Cartons


29 June 2009

MFS Logistics Pty Ltd PO Box 630 MATRAVILLE NSW 2036

Dear ,

TARIFF CONCESSION SYSTEM APPLICATION SUCCESSFUL

I refer to your application for Tariff Concession Order (TOO) Number TO 0911330 lodged on 3 April 2009.

As a delegate of the Chief Executive Officer I am satisfied that the application meets the core criteria on the basis of section 2690 of the Customs Act 1901 and have accordingly made a written Tariff Concession Order.

The decision to make a TOO will be published in Gazette Number TC09/26 of 1 July 2009.

The TOO, as detailed in the attachment, will also be published in the Schedule of Concessional Instruments as soon as possible.

Your cerely,

De gate of the Chief Executive Officer


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C4scription of the Particular goods including the applicable subheading of the Customs Tariff Schedule 4 Item Last day of effect

4819.20.00 CARTONS, paperboard, flat packed, having BOTH of the following: (a) lock-in tabs; (h) clear plastic window on one side

Op. 03.04.09 Dec. date 29.06.09

50

- TC 0911330

(29.06.09)

FOI Document #5

TARIFF CONCESSION ORDER

Under Section 269P of the Customs Act 1901, I, , a delegate of the Chief Executive Officer declare that the goods specified in Column 1 of THE TABLE are goods to which the item in Part III of Schedule 4 to the Customs Tariff Act 1995 specified in Column 2 of THE TABLE applies. This Order shall have effect from 03.04.09 and continue in force until revoked under sections 2695C or 269SD of the Act, or the date, if any, specified in Column 2.

THE TABLE

COLUMN 1

COLUMN 2 Description of Goods including the

Schedule 4 Item Number Customs Tariff Classification Last date of effect

4819.20.00

CARTONS, paperboard, flat packed, having BOTH of the

50 following: (a) lock-in tabs; (b) clear plastic window on one side

Op. 03.04.09 - TC 0911330

This is page 1 of 1 Page of the above Table.

Dated 29 June 2009 Delegate of the Chief Executive Officer

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APPLICATION FOR A TARIFF CONCESSION ORDER (TCO)...Customs, or if by e-mail, when it is first...

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