US Free Trade Agreement Implementation Act 2004 (120 of 2004)

Schedule 1   Customs amendments

Part 2   Verification powers

Customs Act 1901

6   After Division 4A of Part VI

Insert:

Division 4B - Exportation of textile and clothing goods to the US

126AE Authorised officer may request records or ask questions

(1) If textile and clothing goods are exported to the US, an authorised officer may request a person who:

(a) is the exporter or producer of the goods; or

(b) is involved in the transportation of the goods from Australia to the US;

to produce particular records, or to answer questions put by the officer, in relation to the export, production or transportation of the goods.

(2) The person is not obliged to comply with the request.

Disclosing records or answers to US

(3) An authorised officer may disclose any records so produced, or disclose any answers to such questions, to a US customs official for the purpose of a matter covered by Article 4.3 of the Agreement.

Definitions

(4) In this section:

Agreement means the Australia-United States Free Trade Agreement done at Washington DC on 18 May 2004, as amended from time to time.

Note: In 2004 the text of the Agreement was accessible on the Internet through the web site of the Department of Foreign Affairs and Trade.

Harmonized System has the same meaning as in section 153YA.

textile and clothing goods means goods that are classified to:

(a) subheading 4202.12, 4202.22, 4202.32 or 4202.92 of Chapter 42 of the Harmonized System; or

(b) any of Chapters 50 to 63 of the Harmonized System; or

(c) heading 7019 of Chapter 70 of the Harmonized System; or

(d) subheading 9409.90 of Chapter 94 of the Harmonized System.

US means the United States of America.

US customs official means a person representing the customs administration of the US.