What are the Target Risk Countries?
The following countries have been categorised as target risk countries for the 2022-23 BMSB risk season.
What are the Emerging Risk Countries?
China and United Kingdom are the only emerging risk countries identified for the 2022-23 BMSB risk season. Target high risk and target risk goods (including goods under tariff chapters 94 and 95) may be selected for supervised random onshore unpack and inspection to verify freedom from BMSB. For China, random inspections will apply to targeted goods shipped between 1 September and 31 December (inclusive). For United Kingdom, random inspections will apply to targeted goods shipped between 1 December and 30 April (inclusive).
What are Target High Risk Goods?
All HS tariff commodity codes under chapters 44, 45, 57, 68, 69, 70, 72, 73, 74, 75, 76, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88 and 89 are categorised as target high risk goods. Goods in this category which are manufactured in or shipped from a target risk country will require mandatory treatment for BMSB risk. A general description for goods in this category can be found on DAFF’s webpage HERE.
What are Target Risk Goods?
All HS tariff commodity codes under chapters 27, 28, 29, 38, 39, 40, 48, 49 and 56 are categorised as target risk goods. Goods in this category which are manufactured in or shipped from a target risk country do not require mandatory treatment, however, they will be subject to onshore intervention through supervised random inspection. If BMSB is detected, the goods will be directed for onshore treatment. A general description for goods in this category can be found on DAFF’s webpage HERE.
What goods are exempt from the BMSB seasonal measures?
BMSB seasonal measures do not apply to all other goods NOT categorised as target high risk and target risk goods. It’s important to note that exempt goods may become subject to the BMSB measures if they are part of a consignment or container that contains target high risk or target risk goods as they will be assessed at the highest risk.
Are my goods still subject to the seasonal measures if they are packed and sealed prior to 1 September and shipped on or after 1 September?
Target high risk goods that are packed and sealed in a six hard sided container in a target risk country prior to 1 September are not subject to the measures provided an acceptable Sealing Declaration can be provided by the shipper, freight forwarder or shipping line at the port of origin. An acceptable Sealing Declaration template can be found on DAFF’s webpage HERE.
What is the 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 that were registered under the scheme during the 2021-22 season must complete a renewal application for the 2022-23 season. BMSB treatments conducted by a non-approved treatment provider in a target risk country will not be recognised as valid and the goods will be subject to onshore treatment (if permitted) or be directed for export. Treatment providers registered on the Offshore BMSB Treatment Providers Scheme can be found on DAFF’s webpage HERE.
What measures apply to break bulk goods (including open top and flat rack containers)?
Target high risk goods shipped from a target risk country as break bulk goods (including open top and flat rack containers) must be treated offshore by an approved offshore BMSB treatment provider. This is extremely important as you will be required to arrange treatment with your suppliers, or our origin office, before goods are shipped. Break bulk goods (including open top and flat rack containers) not complying with the mandatory offshore treatment requirement will be denied discharge and be directed for export upon arrival unless exceptional circumstances are granted.
What measures apply to containerised goods shipped as FCL or FCX?
If your target high risk goods are shipped from a target risk country as FCL or FCX and can be treated at the full container level, the goods can be treated either offshore by an approved offshore BMSB treatment provider, or onshore upon arrival in Australia. FCL or FCX containers shipped with mixed target high risk goods, target risk goods and/or exempt goods that cannot be treated onshore at the full container level must be treated offshore as deconsolidation or removal of exempt or sensitive goods prior to treatment after arrival in Australia will not be permitted.
What measures apply to containerised goods shipped as LCL or FAK?
If your target high risk goods are shipped from a target risk country as LCL or FAK and can be treated at the whole container level, the goods can be treated either offshore by an approved offshore BMSB treatment provider, or onshore upon arrival in Australia. Offshore treatment of LCL consignments and FAK containers prior to consolidation is the preferred option where there is a mix of target high risk, target risk and exempt goods which cannot be treated together at the whole container level after arrival in Australia as deconsolidation or removal of exempt or sensitive goods prior to treatment will not be permitted.
What are the BMSB treatment options and rates?
Heat Treatment, Methyl Bromide Fumigation and Sulfuryl Fluoride Fumigation are the only approved BMSB treatment options. BMSB treatment options and rates can be found on DAFF’s webpage HERE.
Can I have my goods treated 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. The treatment provider must be registered under the offshore BMSB treatment providers scheme and must provide a valid treatment certificate as evidence the treatment has been completed to address both risks.
What is the 120 hour post treatment window rule?
The post treatment window of 120 hours applies to goods treated before 1 December 2022. If your goods are shipped as break bulk (including open top and flat rack containers), the goods must be loaded onto a vessel for export to Australia within 120 hours after treatment has been completed. If your goods are shipped as FCL, FCX, LCL or FAK, a post treatment window of 120 hours also applies. The containers must be closed and sealed within 120 hours after treatment has been completed or when ventilation commences. A Sealing Declaration can be provided if required. An exception is available for goods that have been rolled (unavoidably rescheduled and loaded onto another vessel within 48 hours outside of the 120 hour post treatment window) if accompanied by suitable evidence from the shipping line. Goods treated from 1 December 2022 are recognised as having a lower risk of re-infestation and are not subject to the post treatment window rule.
Will my goods be subject to supervised random onshore verification inspection?
All target high risk and target risk goods will be subject to onshore intervention through supervised random verification inspections and will be directed for onshore treatment if BMSB is detected. Goods falling under HS tariff chapters 94 and 95 from emerging risk countries will be selected for a lower rate of random onshore inspection to verify freedom from BMSB.
What are the container loading requirements?
Containers must be loaded in a manner that will enable effective offshore or onshore treatment of goods at the container level. The loading requirements for effective treatment of consignments will vary depending on the commodity and the method of packing. As a guide goods must be loaded off the floor of the container, preferably on ISPM15 or plastic pallets to provide free air space under the goods and have at least 20cm of free air space above the commodity, 10cm along the container walls and between the commodity, and at least 40cm of vacant space at the doors to allow even distribution of the heat or fumigant throughout the container. Ensuring containers are packed in a manner that complies with the strict loading requirements to enable effective onshore treatment at the full container level will avoid potential export of the container.
What are the plastic shipping wrapping/packaging requirements?
Shipping wrapping/packaging is any wrapping or packaging that is applied to provide protection and ensure stability of goods during shipping. This includes plastic pallet wrapping and protective plastics applied after the completion of the manufacturing process and prior to loading. All plastic shipping wrapping/packaging (not just that which is reachable from the front of the container) must be opened, holed, slashed, or removed to allow the heat or fumigant to access all surfaces of the goods that are accessible to BMSB. Commercial plastic wrapping/packaging is excluded from the requirements and is not required to be opened, holed, slashed, or removed. Commercial wrapping/packaging is any wrapping or packaging that is applied as part of the manufacturing process. This includes presentation packing, commercial distribution boxing and hermetic sealing done during or at the immediate completion of the manufacturing process. Target high risk goods not complying with the strict plastic shipping wrapping/packaging requirements are deemed unable to be treated at the full container level and may be directed for export.
What happens if my goods arrive and do not comply with the container loading or plastic shipping wrapping/packaging requirements?
Untreated target high risk goods arriving in Australia not complying with the requirements are unable to be treated at the full container level and may be directed to a Class 4.7 site for a secure unpack (if permitted) or may be directed for export. The Class 4.7 site enables unpack of containers within a departmental approved secure area to ensure potential BMSB does not escape into the Australian environment, to remedy issues that originally prevented treatment at the full container level and to facilitate effective BMSB treatment of the goods. It does not authorise removal of exempt or sensitive goods from the secure unpack area as the whole consignment remains subject to BMSB treatment. Secure unpack will incur increased clearance delays and costly biosecurity charges depending on the scope of work involved so we strongly recommend adopting a conservative, no risk approach to avoid containers being directed for secure unpack or potential export.
Do my goods qualify for the New Unused and not Field Tested (NUFT) exemption?
Certain goods manufactured on or after 1 December 2022 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, and requires the manufacture of all its large, complex components to have commenced after 1 December 2022. If sufficient evidence is not provided, the goods will be subject to onshore treatment (if permitted) or be directed for export. An acceptable NUFT Declaration template can be found on DAFF’s webpage HERE.
What happens if my goods are transhipped through a Target Risk Country?
If your goods are transhipped as break bulk (including open top and flat rack containers) and spending more than 120 hours in the port of the target risk country, the goods must be treated using an approved offshore BMSB treatment provider. If the goods are transhipped as FCL, FCX, LCL or FAK in a sealed six hard sided container and will be opened in the target risk country to add target high risk goods, the goods must be treated using an approved offshore BMSB treatment provider. If the goods are sealed in a six hard sided container that will not be opened during transhipment in the target risk country, BMSB measures do not apply and further treatment is not required.
What is the Safeguarding Arrangements Scheme?
DAFF has updated the supply chain assurance Safeguarding Arrangements Scheme for certain containerised target high risk goods as an alternative option to mandatory measures to manage the BMSB risk. Under this arrangement, approved participants will be recognised for their ability to manage BMSB risk offshore from the point of manufacture to the point of embarkation. Applications for the Safeguarding Arrangement Scheme are open for submission annually between 1 July and 30 January and applicants must submit a new application each year. Further information on the scheme can be found on DAFF’s webpage HERE.
How can I comply and reduce my risk?
Below are a few ways you can reduce your compliance risks and ensure the BMSB season has the least impact on your business.
- Check the risk category of your goods prior to shipping
- Check the origin of your goods if they are being shipped from a non-target risk country
- Don’t ship target high risk goods as break bulk (including open top and flat rack containers) without a valid treatment certificate from an approved offshore BMSB treatment provider
- Ensure all target high risk goods are treated by an approved offshore BMSB treatment provider
- Containers of mixed goods will be assessed at the highest risk so consider shipping your non-target high risk LCL goods with other non-target high risk LCL goods
- Work closely with your suppliers impacted by BMSB to ensure they comply with the measures
- Observe the consignment suitability requirements to enable effective BMSB treatment
- Consider whether your goods qualify for the NUFT exemption post 1 December 2022
How will FJT manage BMSB treatments and minimise the potential onshore delays?
Due to anticipated increased volumes of goods subject to BMSB seasonal measures, FJT has entered into an Approved Arrangement with DAFF allowing us to conduct accredited BMSB activities (Methyl Bromide fumigation and supervised random inspection) of containers at our own Melbourne and Brisbane facilities to comply with DAFF’s requirements and expectations. Similar Approved Arrangements with DAFF will be available at our new Adelaide and Perth facilities later this year. This is an exclusive benefit and service available to FJT customers that will minimise potential onshore clearance delays and associated biosecurity charges.
Where can I find additional information?
Additional information on the 2022-23 BMSB seasonal measures can be found on DAFF’s webpages by clicking on the links below.
If you have any specific questions or scenarios requiring advice, please don’t hesitate to contact your FJT representative or our Customs Broker team at [email protected].
