{"id":"F2006B11635","name":"Canada - Australia Trade Agreement - Determined Manufactured Raw Materials Notice No. 2002/3","slug":"canada-australia-trade-agreement-determined-manufactured-raw-materials-notice-no-2002-3","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":57608,"registerId":"commonwealth-F2006B11635-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"CUSTOMS ACT 1901 - SECTION 153P","sectionType":"part","heading":"CUSTOMS ACT 1901 - SECTION 153P","content":"# CUSTOMS ACT 1901 - SECTION 153P\n\nCANADA - AUSTRALIA TRADE AGREEMENT\n\nDETERMINED MANUFACTURED RAW MATERIALS\n\nNOTICE NO. 2002/3\n\nI, John Peter Arndell, delegate of the Chief Executive Officer, pursuant to paragraph 153P(2)(c) of the Customs Act 1901, determine the following materials to be manufactured raw materials of Canada:\n\nMaterials\n\n| Acetphenetidin (Phenacetin)                                                                                                                                                         |\n| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Acrylic fibre for use in carpet yarn                                                                                                                                                |\n| 2-bromo-1-chloro-1, 2, 2-trifluoroethane                                                                                                                                            |\n| Cellulose acetate propionate sheet                                                                                                                                                  |\n| Citric acid                                                                                                                                                                         |\n| Dyestuffs, synthetic organic, other than pigment dyestuffs                                                                                                                          |\n| Erinoid (casein plastic) sheets                                                                                                                                                     |\n| Glass cullet                                                                                                                                                                        |\n| Glass discs, rough for opthalmic lenses                                                                                                                                             |\n| Glass knob tops, moulded, for lock sets                                                                                                                                             |\n| Incoloy 800 Strip, nickel iron alloy                                                                                                                                                |\n| Incoloy 840 Strip, nickel iron alloy, in any of the following sizes:(a) thickness 0.38mm or greater, but NOT exceeding 0.76mm(b) width 1.27mm or greater, but NOT exceeding 50.8mm  |\n| Iodine, crude                                                                                                                                                                       |\n| Methyl methacrylate                                                                                                                                                                 |\n| No. 12 brazing aluminium, 'o' temper, as used in the manufacture of vehicle automatic transmission oil coolers                                                                      |\n| Paper and paperboard having a grammage exceeding 22g/m2, printed with a decorative pattern, NOT impregnated or coated, designed for use in the manufacture of decorative laminates  |\n| Paper, tissue, suitable for the manufacture of carbon paper                                                                                                                         |\n| Polyester staple fibre (deep dye) in 8 and 16 denier per filament                                                                                                                   |\n| Release papers designed for use in the manufacture of decorative laminates                                                                                                          |\n| Rim steel carbon bar stock in widths of 10, 9.4375 and 9 inches                                                                                                                     |\n| Saturating kraft paper, unsized, substance of 175g/m2 or more, designed for use in the manufacture of decorative laminates                                                          |\n| Sodium bromide                                                                                                                                                                      |\n| Spun bonded-non woven, polypropylene backing for carpet                                                                                                                             |\n| Steel bands, plates, sheets, or strips, NOT tempered, ground or further manufactured than cut to shape, without indented edges, as used in the manufacture of band or circular saws |\n| Steel strip, stainless, three ply laminated, consisting of two outer layers of stainless steel enclosing a centre layer of carbon steel                                             |\n\n  \n\nMaterials\n\n| Steel tubing, cold drawn, seamless, as used in the manufacture of diamond drill rods |\n| ------------------------------------------------------------------------------------ |\n| Terephthalic acid                                                                    |\n| Theobromine                                                                          |\n| Trevira polyester carpet fibre, type 825, bright pentalobel                          |\n| Tri cresyl phosphate in the gel form                                                 |\n| Woven jute backing for carpets                                                       |\n| Yarns, 10 denier 7 filament nylon                                                    |\n| Yarns, 20 denier spandex                                                             |\n| Zepel CSF carpet protector                                                           |\n\nAll previous determinations that materials are the manufactured raw materials of Canada are hereby revoked.\n\nDated this thirteenth day of February 2002.\n\nJohn Peter Arndell\n\n(Delegate of the Chief Executive Officer of Customs)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This notice updates the operative list of materials to be treated as \"manufactured raw materials of Canada\" and revokes prior determinations, but it stays within the original statutory purpose — namely, to identify which inputs count as Canadian-origin manufactured raw materials for the Canada–Australia Trade Agreement. It does not expand the legal power or repurpose the statutory mechanism; it is an administrative update of scope rather than a change beyond the Act's original intent."},"complexity_factors":["Short, single-purpose instrument: a list of items declared to be Canadian manufactured raw materials","One statutory cross-reference: paragraph 153P(2)(c) of the Customs Act 1901","Includes technical qualifications for some entries (e.g. Incoloy 840 thickness/width ranges; paper grammage; specific product types)","Revokes all prior determinations (administrative effect but no layered exceptions)","No interpretive definitions section or multiple nested conditions","Potential for classification ambiguity due to technical product descriptions"],"plain_english_summary":"**What this instrument does (mechanically):**\n\n- This is a formal determination made under paragraph 153P(2)(c) of the Customs Act 1901. It names a specific list of materials and declares that, for the purposes of the Canada–Australia Trade Agreement, those materials are to be treated as \"manufactured raw materials of Canada.\"  The instrument also revokes all earlier determinations that had previously treated materials as manufactured raw materials of Canada.\n\n**Who this affects:**\n\n- Businesses that import or export the listed materials, or that use them as inputs in goods whose origin is being assessed under the Canada–Australia Trade Agreement (for example, manufacturers, importers, exporters, customs brokers and freight operators).\n- Australian Customs (the administrative agency enforcing origin rules and verifying claims under the Agreement).\n- Canadian suppliers and producers of the listed materials, to the extent Australian importers rely on Canadian-origin inputs to obtain preferential treatment.\n\n**Why it matters (practical effect):**\n\n- Declaring these items as \"manufactured raw materials of Canada\" means they are treated as Canadian-origin inputs under the Agreement when origin rules refer to that category. Practically, that can allow goods containing these inputs to meet origin requirements and therefore to receive preferential tariff treatment under the Canada–Australia Trade Agreement, provided the other origin conditions are satisfied.\n\n**How it works in practice:**\n\n- The instrument is a categorical list: each named material (for example, \"citric acid\", \"methyl methacrylate\", certain steel strips or specific carpet backings) is treated as a Canadian manufactured raw material. Some entries include narrowly worded size or form conditions (for example, particular thickness/width ranges for certain Incoloy strip, or specified grammage for paper). Those technical qualifiers limit the determination to particular product variants.\n- Anyone claiming preferential treatment that depends on these materials being Canadian-origin will need to hold and produce whatever documentary evidence Australian Customs requires to substantiate origin claims.\n- By revoking earlier determinations, this notice replaces prior lists and is the operative list to be used from its date.\n\n**Official rationale and a brief test of its implications:**\n\n- The instrument’s stated legal basis is the Customs Act power to determine what counts as a manufactured raw material of Canada for trade-agreement purposes. The functional effect claimed is to clarify which inputs qualify as Canadian-origin for the bilateral agreement.\n- Costs and incentives: businesses that can document use of these Canadian-origin inputs may gain lower tariffs on qualifying exports or imports; conversely, firms that cannot meet the documentation or that source non-listed variants lose that advantage. The determination therefore creates measurable benefits for parties using the specifically listed materials and imposes compliance and documentation costs on them and on Customs.\n- Trade-offs and implementation risks: the list’s technical specifications (sizes, grammage, product form) can generate classification disputes at the customs border. Narrowly worded entries reduce ambiguity in some cases but can also create marginal cases where small differences in thickness, finish or labelling change whether an input qualifies. Revoking previous determinations and substituting a new list can require businesses to check and possibly adjust supply contracts or compliance files.\n\n**Who pays and who decides:**\n\n- The immediate decision-maker is the delegate of the Chief Executive Officer of Customs (the instrument is an administrative, not parliamentary, act under s153P(2)(c) of the Customs Act 1901).\n- The economic incidence falls on businesses seeking preferential treatment (they bear compliance costs and supply‑chain adjustment costs) and on Customs (administration and verification costs). If preferential duty relief is obtained, importers or downstream purchasers may pay lower effective import costs; if not, they may pay standard tariffs.\n\n**Behavioural effects and likely private responses:**\n\n- Importers and manufacturers will be incentivised to document that inputs match the listed items and to source from Canadian suppliers when that helps secure preferential origin. Some buyers may switch suppliers or change product specifications to fit the listed descriptions; others may decide the administrative cost outweighs tariff savings.\n\n**Administrative discretion and legal clarity:**\n\n- The instrument exercises a statutory administrative power to classify materials for origin purposes. The use of technical descriptors reduces some ambiguity but raises the risk of classification disputes where product characteristics fall close to the stated limits. The revocation of earlier determinations centralises control of the list in this notice.\n\n(Authority cited in the instrument: paragraph 153P(2)(c) of the Customs Act 1901. Dated 13 February 2002; signed by a delegate of the Chief Executive Officer of Customs.)"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This notice operates exactly within its original statutory purpose under s 153P of the Customs Act 1901. It performs the specific function authorised: determining which materials qualify as Canadian manufactured raw materials for preferential tariff purposes. The scope has not expanded beyond this technical customs classification function."},"complexity_factors":["Single operative provision (paragraph 153P(2)(c)) with straightforward delegation chain","No nested conditional logic — simple list format with straightforward revocation clause","Technical product descriptions create complexity for non-specialists (e.g., '10 denier 7 filament nylon', 'Incoloy 840 Strip' with dimensional tolerances)","35 distinct materials listed with varying specificity — some generic ('Citric acid'), some highly specific ('No. 12 brazing aluminium, 'o' temper, as used in the manufacture of vehicle automatic transmission oil coolers')","No cross-references to other legislation beyond the empowering provision (s 153P)","Short document (approximately 1 page of substantive content)"],"plain_english_summary":"This Customs Notice replaces earlier determinations and publishes an updated list of Canadian-made materials that will be treated as “manufactured raw materials of Canada” for origin purposes under the Canada–Australia Trade Agreement.  \n\nBy treating the listed materials as fully Canadian even if they contain non‑Canadian inputs, the notice lets eligible Canadian goods retain preferential tariff treatment—affecting Australian importers, Canadian exporters, and customs authorities."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/canada-australia-trade-agreement-determined-manufactured-raw-materials-notice-no-2002-3","history":"/api/acts/canada-australia-trade-agreement-determined-manufactured-raw-materials-notice-no-2002-3/history","analysis":"/api/acts/canada-australia-trade-agreement-determined-manufactured-raw-materials-notice-no-2002-3/analysis","conflicts":"/api/acts/canada-australia-trade-agreement-determined-manufactured-raw-materials-notice-no-2002-3/conflicts","importantCases":"/api/acts/canada-australia-trade-agreement-determined-manufactured-raw-materials-notice-no-2002-3/important-cases","documents":"/api/acts/canada-australia-trade-agreement-determined-manufactured-raw-materials-notice-no-2002-3/documents"}}