{"id":"F2009L01351","name":"Tariff Concession Order 0836802","slug":"tariff-concession-order-0836802","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":77739,"registerId":"commonwealth-F2009L01351-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tariff Concession Order 0836802","content":"| TARIFF CONCESSION ORDERUnder Section 269P of the Customs Act 1901, I, Paul Mercer, 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 24.10.08 and continue in force until revoked under sections 269SC or 269SD of the Act, or the date, if any, specified in Column 2. |\n| -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\nTHE TABLE\n\n| COLUMN 1Description of Goods including theCustoms Tariff Classification | COLUMN 2Schedule 4 Item NumberLast date of effect |\n| ----------------------------------------------------------------------- | ------------------------------------------------- |\n\n```html\n

8481.80.90

VALVES, O-PORT OR THROUGH CONDUIT, being ANY of the following:
(a) steel construction complying with ALL of the following:
(i) pressure temperature rating to American National
Standards Institute Specification B16.34
(ANSI B16.34);
(ii) bore NOT greater than 200 mm;
(iii) maximum operating pressure NOT less than 700 kPa
(b) steel construction complying with ALL of the following:
(i) pressure temperature rating to American National
Standards Institute Specification B16.34
(ANSI B16.34);
(ii) bore diameter NOT less than 250 mm and
NOT greater than 400 mm;
(iii) maximum operating pressure NOT less than 1 650 kPa
(c) steel construction complying with ALL of the following:
(i) pressure temperature rating to American National
Standards Institute Specification B16.34
(ANSI B16.34);
(ii) bore diameter NOT less than 450 mm and
NOT greater than 600 mm;
(iii) maximum operating pressure NOT less than 1 050 kPa
(d) steel construction complying with ALL of the following:
(i) pressure temperature rating to American National
Standards Institute Specification B16.34
(ANSI B16.34);
(ii) bore diameter NOT greater than 700 mm;
(iii) maximum operating pressure NOT less than 650 kPa
(e) high alloy steel, hastelloy, duplex, inconel, zirconium or
titanium construction complying with ALL of the following:
(i) pressure temperature rating to American National
Standards Institute Specification B16.34
(ANSI B16.34);
(ii) bore size NOT less than 50 mm and NOT greater than
1 800 mm

Op. 24.10.08 - TC 0836802

50

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

....Paul Mercer..........................

Dated 26 March 2009 Delegate of the Chief Executive Officer

\n```","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument remains within the routine scope of a Tariff Concession Order: it grants concessional tariff treatment for narrowly‑specified imported goods. It does not broaden the legal purpose beyond that original function; it simply lists technical criteria for a specific class of industrial valves and identifies the applicable Schedule 4 item. There is no evidence in the text that the instrument expands the scope of the law beyond the ordinary operation of tariff concessions."},"complexity_factors":["Single Tariff Concession Order (one instrument)","One tariff classification listed: 8481.80.90","Five alternative technical subclauses (a)–(e) with different size, pressure and material criteria","Cross‑reference to an external technical standard (ANSI B16.34)","Cross‑references to the Customs Act (s269P; revocation under ss269SC and 269SD) and to Part III of Schedule 4 of the Customs Tariff Act 1995","Precise numeric thresholds and inequalities (NOT greater than / NOT less than) requiring measurement and documentary proof","No multi‑part exceptions beyond the listed subclauses; limited temporal specification (effective date given)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- This is a Tariff Concession Order made under section 269P of the Customs Act 1901. It declares that a narrowly‑specified class of imported goods (listed in the Table) are goods to which an item in Part III of Schedule 4 to the Customs Tariff Act 1995 applies. In practice that means the listed goods are eligible for the customs tariff treatment identified by the Schedule 4 item number shown in Column 2 of the Table (here, item number 50).\n\n- The order takes effect from 24 October 2008 and continues in force until it is revoked under sections 269SC or 269SD of the Customs Act, or until any expiry date shown in Column 2 (none other than the Schedule/item number is shown in the Table). The document is signed by a delegate of the Chief Executive Officer (dated 26 March 2009).\n\n- The Table specifies the tariff classification (8481.80.90) and gives a detailed technical description of the covered goods: \"VALVES, O-PORT OR THROUGH CONDUIT,\" with five alternative sub‑categories (a)–(e). Each sub‑category requires compliance with American National Standards Institute Specification B16.34 (ANSI B16.34) and sets size (bore diameter) and minimum operating pressure requirements, and in (e) lists allowable high‑alloy materials (hastelloy, duplex, inconel, zirconium, titanium or high alloy steel) with a broad bore size range.\n\n**Who this affects**\n\n- Importers and customs brokers who bring the specified types of industrial valves into Australia. Those importers can claim the tariff treatment tied to Schedule 4 item 50 if the imported valves meet the exact technical criteria set out in the Table.\n- Australian purchasers and downstream users of those valves (for example, pipeline operators, refineries and heavy industry) if the concession changes landed cost.\n- Competing domestic manufacturers or suppliers of valves (because the concession changes the relative price of imported vs domestic product).\n- The Australian Government (customs revenue is the direct fiscal impact) and customs administration (who must verify compliance with the technical description).\n\n**Why it matters (practical effects, incentives and trade‑offs)**\n\n- Price and competition: By declaring these specific valves eligible for the Schedule 4 item (item 50), the order changes the customs duty treatment for those precise products. That lowers the effective import cost for qualifying goods, which can reduce prices for buyers of those valves or improve margins for importers. The effect is concentrated: it benefits importers and buyers of this defined product class (see the Table).\n\n- Compliance and verification costs: To use the concession, importers must be able to demonstrate that each shipment meets the technical criteria (ANSI B16.34 compliance; bore size ranges; minimum operating pressure; specified materials). This creates administrative and documentary requirements for importers and for customs officers verifying claims.\n\n- Scope and substitution effects: The product description is highly technical and given in narrow bands (multiple subclauses with specific bore/pressure ranges and materials). That structure incentivises precise product specification by suppliers and may encourage product modification to fall inside or outside the listed bands. There is a risk of borderline disputes over whether a particular valve meets the listed specification (measurement rounding, test reports, or alternate standards).\n\n- Fiscal effect and incidence: The immediate fiscal cost is the tariff revenue forgone on qualifying imports. Who ultimately bears that cost depends on market structure: importers, domestic producers, or end purchasers through prices. The concession is targeted (concentrated benefits) while revenue impacts are diffuse.\n\n- Administrative discretion and durability: The concession is granted by a delegate under s269P and may be revoked under ss269SC or 269SD of the Customs Act. That creates a formal administrative pathway to remove the concession if circumstances change (e.g., changes in local industry or policy).\n\n**Operational points to note**\n\n- Exact technical compliance is decisive: the Table lists five alternative specifications (a)–(e); an imported valve must fall into one of those categories exactly (material, ANSI B16.34, bore limits, minimum operating pressure) to be eligible. The Table uses phrasing such as \"NOT greater than\" and \"NOT less than\" which requires precise measurement and documentation.\n\n- Classification and customs paperwork must show tariff classification 8481.80.90 and the Schedule 4 item number (50) to claim the concession.\n\n(References: instrument made under s269P Customs Act 1901; product and criteria given in the Table under tariff classification 8481.80.90 and Schedule 4 item number 50.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a standard, single-product Tariff Concession Order with appropriately narrow scope. It covers only specific industrial valves meeting defined technical criteria, which aligns with the original purpose of the Tariff Concession System — to grant duty relief for specific goods not produced locally. No scope creep is evident."},"complexity_factors":["Multiple nested technical specifications with five distinct product categories (a) through (e)","Cross-references to external technical standards (ANSI B16.34 — an American pressure rating standard)","Precise dimensional and pressure thresholds requiring measurement verification (e.g., 'bore diameter NOT less than 250 mm and NOT greater than 400 mm')","Technical material specifications (hastelloy, duplex, inconel, zirconium, titanium)","Conditional logic using 'complying with ALL of the following' structure repeated across categories","Reference to Customs Tariff classification 8481.80.90 and Schedule 4 Item 50 requiring external statutory context"],"plain_english_summary":"This Tariff Concession Order grants reduced customs duty for specific O‑port/through‑conduit industrial steel or alloy valves used in pipelines and processing systems that meet defined pressure and bore criteria.\n\nIt affects importers (lower duties), competing Australian valve manufacturers, and industries such as mining, oil & gas and chemical processing; it took effect 24 October 2008 and was issued because no local substitutable goods were available."}},"importantCases":[],"_links":{"self":"/api/acts/tariff-concession-order-0836802","history":"/api/acts/tariff-concession-order-0836802/history","analysis":"/api/acts/tariff-concession-order-0836802/analysis","conflicts":"/api/acts/tariff-concession-order-0836802/conflicts","importantCases":"/api/acts/tariff-concession-order-0836802/important-cases","documents":"/api/acts/tariff-concession-order-0836802/documents"}}