Christmas Edition
December 2023 
 
This issue contains information for Importers and Brokers on what goods are subject to the New, Unused and not Field Tested (NUFT) criteria and when a NUFT declaration can be utilised for your goods, tips for imports during the festive season, a reminder about the requirements for break bulk, how to manage mixed goods consignments and the ending of the 120 hour post treatment window for goods treated after 1 December 2023.
 

New, Unused and not Field Tested (NUFT) goods

Manufacture must start on or after 1 December of the current BMSB risk season to be eligible.
 
NUFT declarations may be used for eligible goods shipped in sealed six hard sided containers, goods shipped as break bulk (including flat rack and open top containers) and consignments in LCL / FAK containers.
 
If your goods that can meet all the following criteria, they will not be subject to mandatory BMSB treatment (random inspections will still apply):

• Have the goods been manufactured on or after 1 December? (Manufacture must start on or after 1 December of the current BMSB risk season).
• Are the goods classified under the following tariff chapters only: 82, 84, 85, 86, 87, 88 and 89?
• Can evidence be provided in the form of a BMSB NUFT (new, unused and not field tested) manufacturers declaration that the goods are manufactured on or after 1 December?

Good shipped as break bulk (including open top and flat rack containers) will not require mandatory offshore BMSB treatment, if they meet the above requirements for BMSB NUFT.
 

BMSB NUFT Declarations

In addition to Minimum Documentary and import declarations policy requirements for manufacturers declarations (sections 4.6.1), your BMSB NUFT Manufacturers declaration must also meet the following requirements:

• Must contain the statement "the product is new, unused and not field tested", and
• Must have a manufacture start date.

Note: As per minimum documentary and import declaration requirements, manufacturers declarations will only be accepted from the company that manufactured/produced the goods and must be issued by either the individual manufacturing site or head office within the country of manufacture unless a valid import permit or BICON case states otherwise.
 
Note: The department considers goods field tested, if during the manufacture of the goods, animal or plant material or soil has been introduced or has come into contact with the machine or equipment.
 
If evidence is not provided, or additional goods that don't meet the above criteria are included on the NUFT, the goods may be directed for export or onshore treatment (if permitted).
 
A NUFT template has been added to the Templates for documentary evidence section of the agriculture.gov.au/Preparing to Import webpage.
 
Please ensure that your current NUFT declarations meet current requirements for the 2023-2024 BMSB season. If they do not, please ensure changes are made so that they meet documentation requirements prior to the goods arriving into Australia, so that goods are not delayed, sent for onshore treatment or directed for export.
 

Break Bulk, Open Tops and Flat racks

Where goods are tariffed as target high risk goods and shipped as break bulk (including open top and flat rack containers), they must be treated offshore prior to arrival into Australia.
 
If these goods arrive in Australia untreated and are discharged off the vessel, they will be directed for export to be treated offshore prior to returning to Australia. There are no provisions for onshore treatment of this cargo type and no exemptions will be granted.
 
If the department is informed of untreated break bulk (including open top and flat rack containers) prior to discharge from a vessel then the department will direct the vessel to hold the goods onboard for export.
 
If your break bulk goods (including open top and flat rack containers) have not been treated at origin prior to export and tranship through a third country prior to arrival into Australia, the department recommends that the goods be treated there to meet import conditions before continuing to Australia.
 

Mixed Goods Consignments

The department often sees containers of non-target risk goods that include promotional or gifts from suppliers that fall under target risk tariffs during the lead up to the festive season. These target risk tariff promotional, or gift items render the container subject to BMSB measures.
 
In the past we have seen free promotional material added in such as glasses, metal champagne buckets, promotional tins and cheese knives in containers of cheese etc all of which are tariffed as target high risk goods and render the container needing BMSB treatment. 
 
Please ensure if suppliers are placing these goods in the container, they are made aware of the BMSB import conditions and goods are treated accordingly prior to packing in containers.
 
Containers which are packed with a mix of target high risk and non-target goods, will be assessed for highest risk level.
 
Containers that are packed containing target high risk goods will require mandatory treatment for BMSB. Deconsolidation or removal of goods is not permitted prior to the treatment in Australia as the risk is at the container level.
 
Where this treatment cannot be conducted at the container level, the whole container will be directed for export.
 
Further information can be found on the Departments BMSB webpage – Preparing to import goods.
 

120 Hour Post Treatment Export Window

For goods treated prior to 1 December, a 120 hour post treatment export/sealing window applies after treatment.
The 120 hour timeframe commences after treatment has been completed or when ventilation commences.
 
For example, for:

• Fumigation treatment: the post treatment window will commence when ventilation commences.
• Heat treatment: the post treatment window commences immediately after treatment has been completed.

Containerised goods - Goods must be loaded into a six hard sided container and sealed within 120 hours. A sealing declaration can be provided if required.
 
Break bulk (including flat racks and open top containers) – must be loaded onto a vessel for export from the target risk country within the defined timeframe of 120 hours. Export is considered to be the date the goods are Shipped On Board listed on the Bill of Lading.
Note: The post treatment window does not apply to goods treated in a non-target risk country, or to goods treated in a target risk country on or after 1 December of the same BMSB season.
 

2023-24 BMSB season – Christmas!

The Department of Agriculture, Forest and Fisheries Canberra Office will close from COB Friday, 22 December 2023 and will re-open at the commencement of business on Tuesday, 2 January 2024.
Regional offices including the department's general inquiry line (1800 900 090) will be operating. Industry Advice Notice 261-2023 has been published regarding the department's hours over the Christmas break.
 

Further information

Hitchhiker Pests Policy, Biosecurity Operations Division
Email: SPP@aff.gov.au                                                       Website: agriculture.gov.au/BMSB