Tariff Concession Order 0836802

The Order is built from a small number of concrete legal and technical concepts, expressed in the document itself.

• Authorising head of power: The instrument is made under section 269P of the Customs Act 1901. That is the statutory basis referenced in the opening sentence (opening paragraph). The Order also references revocation mechanisms found in sections 269SC and 269SD of the Customs Act 1901 (opening paragraph).

• Connection to tariff schedule: The Order links the described goods to an item in Part III of Schedule 4 to the Customs Tariff Act 1995. The Table shows the Schedule 4 Item Number as 50 in Column 2 (Table header and Column 2 cell).

• Tariff classification anchor: The goods are identified by the customs tariff classification 8481.80.90 (Table, first cell). That classification number is used as the entry point to the descriptive text of the covered goods.

• Technical conformity requirement: Each listed subcategory requires conformity to “American National Standards Institute Specification B16.34” (explicitly repeated in (a)(i), (b)(i), (c)(i), (d)(i), and (e)(i) of the Table). The requirement is stated as “pressure temperature rating to ... ANSI B16.34”, meaning the product must meet that pressure‑temperature rating specification according to the Table text.

• Product specification by material, bore and pressure: The Table divides covered goods into five alternatives:

  • (a) steel construction; bore NOT greater than 200 mm; maximum operating pressure NOT less than 700 kPa.
  • (b) steel construction; bore diameter NOT less than 250 mm and NOT greater than 400 mm; maximum operating pressure NOT less than 1 650 kPa.
  • (c) steel construction; bore diameter NOT less than 450 mm and NOT greater than 600 mm; maximum operating pressure NOT less than 1 050 kPa.
  • (d) steel construction; bore diameter NOT greater than 700 mm; maximum operating pressure NOT less than 650 kPa.
  • (e) high alloy steel, hastelloy, duplex, inconel, zirconium or titanium construction; bore size NOT less than 50 mm and NOT greater than 1 800 mm.

  Each subcategory is prefaced by the same ANSI B16.34 pressure‑temperature rating requirement (Table entries (a)-(e)).

• Temporal operation: The Order has an operative date “Op. 24.10.08” (Table footer) and an express statement that it continues until revoked under the cited revocation sections or until a date specified in Column 2 (opening paragraph). Column 2 shows item number 50; no explicit “last date of effect” is printed in the Table (Table header and Column 2 cell).

These concepts determine the universe of covered goods and the formal conditions under which the declaration continues to operate. The document does not define the substantive effect of the applicable Part III Schedule 4 item; it merely links the described goods to that item.

The Order identifies a class of physical goods by tariff classification and technical description and declares that those goods are goods to which a particular Schedule 4 item applies. The parties directly implicated by the instrument, as expressed in the text, are:

• The goods described in Column 1: “VALVES, O‑PORT OR THROUGH CONDUIT” meeting any of subcategories (a)-(e) (Table Column 1). The scope is precisely the valves that meet the listed material, ANSI B16.34 conformity, bore and operating pressure criteria.

• The legal machinery referenced: the Chief Executive Officer (through a delegate) exercising powers under s 269P of the Customs Act 1901 (opening paragraph). The signature block shows Paul Mercer acting as a delegate of the Chief Executive Officer (signature block, dated 26 March 2009).

• The item in Part III of Schedule 4 to the Customs Tariff Act 1995 specified in Column 2: the Table lists Schedule 4 Item Number “50” (Table Column 2). By its terms the Order makes that Schedule 4 item apply to the goods described.

The Order does not itself name importers, manufacturers, customs brokers, or other market participants. It does not describe claim procedures, record‑keeping obligations, or administrative processes for third parties. However, by declaring that the Schedule 4 item applies to the goods described, the document identifies a discrete class of goods for which the stated Schedule 4 item is applicable; therefore any person or entity whose goods meet the textual criteria and who is seeking to rely on the Schedule 4 item will be affected by the Order insofar as the goods meet the Table description (opening paragraph; Table).

Because the Table sets precise technical conditions (material, ANSI B16.34, bore ranges, operating pressures), the persons handling these valves will need to establish that a given valve matches the Table description to bring it within the declared scope. The document itself embodies the determinative criteria that those parties must meet (Table, Column 1).

The Order is a declaratory instrument; it does not itself impose new statutory duties or create standalone rights beyond the effect of tying the goods to an item in Part III of Schedule 4 to the Customs Tariff Act 1995. The instrument’s operative legal effects can be read from two dimensions the text expressly sets out.

• Duty to match the textual description: The only condition for the Order to apply to a physical valve is that the valve match the textual description in Column 1. The Table sets out the required material, mandatory conformity to ANSI B16.34 for pressure‑temperature rating, and precise numerical bounds for bore diameter and maximum operating pressure in subcategories (a)-(e). Therefore the practical duty on an operator who wishes the Order to apply is to ensure the goods match those criteria; conversely, goods that do not meet the criteria fall outside the declared class (Table text).

• Right conferred by linkage to Schedule 4: The Order confers the legal consequence 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” (opening paragraph). The Order does not itself explain the legal or fiscal outcome of that application; rather, the Order gives the right of treatment under whatever consequence the identified Schedule 4 item provides. The document makes that connection explicit by naming Schedule 4 item number 50 in Column 2 (opening paragraph; Table Column 2).

• Temporal effect and revocation: The Order takes effect from 24 October 2008 and “continue[s] in force until revoked under sections 269SC or 269SD of the Act, or the date, if any, specified in Column 2” (opening paragraph). The operative duty for parties relying on the Order is therefore to monitor whether the Order has been revoked under the cited provisions or whether a last date has been entered in Column 2. The Order itself shows no explicit last date in Column 2 (Table).

• Technical compliance obligation: The repeated requirement “pressure temperature rating to American National Standards Institute Specification B16.34 (ANSI B16.34)” indicates that the pressure‑temperature rating under that standard is an explicit eligibility condition in each subcategory ((a)(i), (b)(i), (c)(i), (d)(i), (e)(i)). Any person seeking to satisfy or demonstrate entitlement under this Order will need to demonstrate compliance with that specific standard for the product’s pressure‑temperature rating.

The Order does not specify procedures for demonstrating compliance, nor does it stipulate documentary standards, testing, certification, or inspection regimes. It similarly does not set out penalties, compliance verification mechanisms, or application processes in the Order text itself. Any duty to produce evidence, or right to claim treatment under the relevant Schedule 4 item, is contingent on the administrative processes that sit outside the Order and are not described in this document; the Order merely sets the description that those processes must apply to.

The text of the Tariff Concession Order itself contains no penalty provisions and does not establish an enforcement regime within the instrument. The Order is a declaration that a defined class of goods is a class to which a particular Schedule 4 item applies; it does not in the text specify sanctions, offences or enforcement procedures.

The only enforcement‑related material in the Order is the temporal and revocation mechanism: the Order “continue[s] in force until revoked under sections 269SC or 269SD of the Act, or the date, if any, specified in Column 2” (opening paragraph). Those cross‑references identify the statutory pathways for revocation under the Customs Act 1901, but the Order does not recite or reproduce any penalty provisions or specify how compliance will be checked administratively.

Practical enforcement consequences will therefore arise from the administrative application of the Customs Act and the Customs Tariff Act and from the operation of the Schedule 4 item that the Order links to the goods. However, the Order text does not set out those enforcement steps or the sanctions associated with misdescription, misclassification, or false claims. It does not, for example, provide a procedure for challenging or confirming whether a particular valve meets the Table description.

In short, within the four corners of the document:

• There are no penal provisions included.
• The document will remain in force until revoked under the statutory revocation provisions (s 269SC or s 269SD), but the Order itself does not prescribe enforcement action or compliance verification mechanisms. Parties that need to establish whether a particular product falls within the declared class must look beyond this Order to the broader statutory and administrative framework referenced by the Order.

The Order expressly links three statutory elements and one external technical standard. Those linkages determine its legal relationships.

• Customs Act 1901: The Order is made under section 269P of the Customs Act 1901 (opening paragraph). It also references sections 269SC and 269SD of the Customs Act 1901 as the statutory mechanisms for revocation (opening paragraph). The Order therefore sits within the statutory scheme of the Customs Act and uses that Act’s grant of power to make Tariff Concession Orders. Any question about how the Order operates legally will therefore be resolved by reference to the powers, procedures and limits contained in the Customs Act 1901.

• Customs Tariff Act 1995 (Schedule 4, Part III): The Order makes the goods described in Column 1 goods to which the item in Part III of Schedule 4 to the Customs Tariff Act 1995 specified in Column 2 applies (opening paragraph and Table). The Order therefore functions as a linking instrument between the descriptive product definition in the Table and the legal consequence attached to the specified Schedule 4 item. The Order itself does not describe what the Schedule 4 item does; it simply declares the item applies to the described goods. The substantive effect of that application therefore depends on the content of Part III of Schedule 4, which is not reproduced in this instrument.

• Tariff classification: The Table anchors the description at tariff classification 8481.80.90 (Table first cell). That classification connects the descriptive text to the tariff nomenclature used in the Customs Tariff Act and the customs administrative system. Any classification disputes or issues about whether a product should be classified to 8481.80.90 will be relevant to determining whether the Order’s description applies; however, the Order does not set the rules for classification disputes.

• External technical standard: The Table requires a “pressure temperature rating to American National Standards Institute Specification B16.34 (ANSI B16.34)” for each subcategory ((a)(i)-(e)(i)). The Order therefore imports a non‑domestic technical standard as a substantive eligibility criterion. How compliance with that standard is demonstrated or enforced will be a question for administrative practice and perhaps for other statutory or regulatory instruments; the Order itself simply makes compliance with ANSI B16.34 a textual requirement.

The Order therefore functions as a narrow statutory-technical bridge: it uses powers under the Customs Act to connect a tariff classification and an externally referenced technical standard to a specified Schedule 4 item in the Customs Tariff Act. The practical effects and any penalties, claim procedures, or administrative verifications are outside the Order’s text and must be located in the broader statutory or administrative instruments that the Order references.

The Order’s internal record of dates and identification is limited but precise. The operative date (Op.) is stated as 24 October 2008 and the order reference is TC 0836802 (Table footer: “Op. 24.10.08 - TC 0836802”). The opening paragraph repeats that the Order “shall have effect from 24.10.08” (opening paragraph).

The document carries a signature block showing that Paul Mercer signed as a delegate of the Chief Executive Officer and dated the instrument 26 March 2009 (signature block). No further amendment entries, repeal or expiry dates, or subsequent variation notices are present on the face of the document. Column 2 in the Table contains the Schedule 4 Item Number (50) but does not show any “last date of effect” filled in for the entry (Table header and Column 2 cell).

Therefore, from the instrument itself:

• Creation: The Order was made to take effect on 24 October 2008 (Op. 24.10.08; opening paragraph).
• Identification: It is identified as TC 0836802 in the Table footer.
• Authentication: It bears a delegate’s signature dated 26 March 2009 (signature block).
• Amendment/expiry: No amendments, expiry date, or revocation entry are recorded on the face of this document. The Order by its terms continues until revoked under the cited provisions of the Customs Act or until a date is specified in Column 2, neither of which is recorded here (opening paragraph; Table).

If one needs to establish whether the Order has since been revoked, amended or otherwise superseded, one would need to consult the relevant administrative records or statutory instruments outside this document. The Order itself records no subsequent amendments.

The instrument contains no record of litigation, court proceedings, or disputes. There are no case citations, references to decisions, or notes of judicial review or appeal on the face of the Order. The document is a standalone administrative declaration linking a product description to an item in Part III of Schedule 4 to the Customs Tariff Act 1995 (opening paragraph; Table).

Because the Order does not contain or summarise any litigation history, and contains no references to disputes or legal challenges, there is nothing in the instrument’s text to indicate any judicial consideration, interpretation or contested application recorded on the face of the Order. Any litigation that might relate to the Order would have to be identified by searching external court records or administrative decision registries; the instrument itself records none.

The Order’s legal effect turns entirely on precise textual matching to the Table. Several concrete drafting features and textual particulars create potential traps or points of friction for users seeking to rely on the Order.

• Exact conformity to ANSI B16.34 is mandatory in each subcategory: Every subcategory in the Table ((a)-(e)) requires a “pressure temperature rating to American National Standards Institute Specification B16.34 (ANSI B16.34)”. The Order does not specify how conformity is demonstrated, whether conformance certificates are required, or which authority assesses conformity. Practically, a claimant must be able to show that the valve’s pressure‑temperature rating aligns with ANSI B16.34; absent documentary proof, an administrative authority invoked to apply the Schedule 4 item will need evidence that the product meets the standard (Table entries (a)(i)-(e)(i)).

• Numeric bounds and potential gaps/overlaps in bore ranges: The Table sets bore diameter or bore size bounds that do not form a clean continuous sequence and that on their face create both gaps and overlaps:

  • (a) bore NOT greater than 200 mm;
  • (b) bore diameter NOT less than 250 mm and NOT greater than 400 mm;
  • (c) bore diameter NOT less than 450 mm and NOT greater than 600 mm;
  • (d) bore diameter NOT greater than 700 mm (no lower bound stated);
  • (e) for specified high alloy materials, bore size NOT less than 50 mm and NOT greater than 1 800 mm.

  These numerical criteria produce:

  • Gaps: ranges such as 201-249 mm, 401-449 mm do not fall under (a), (b) or (c) but could fall under (d) (since (d) has no lower bound) or (e) if the material matches (e). The absence of a lower bound in (d) means (d) could capture sizes below 200 mm, potentially overlapping (a).
  • Overlaps: (d) with “NOT greater than 700 mm” overlaps with (a), (b) and (c) because (d) imposes no minimum bore diameter. Similarly, (e) with 50-1800 mm overlaps broadly with all steel categories if the product is made of one of the high alloys listed.

  The Order’s text therefore creates both gaps and areas of overlap; the practical outcome for a particular valve will depend on its material and on the exact bore and pressure figures and which subcategory is most accurate on its facts (Table entries).

• Material‑based distinctions: Subcategories (a)-(d) require “steel construction”, while (e) lists high alloy steel and specified alloys (hastelloy, duplex, inconel, zirconium or titanium). If a valve is made of an alloy not listed in (e), or is a steel alloy not clearly captured by “steel construction”, classification will turn on precise material description and testable evidence.

• Pressure thresholds specified as “NOT less than”: For maximum operating pressure the Table uses “NOT less than” and provides specific kPa thresholds. For example, (b) requires maximum operating pressure NOT less than 1 650 kPa. The phrasing fixes a minimum operating pressure as an eligibility condition. For application of the Order, the relevant valve must have a maximum operating pressure at or above the stated value. Demonstrating that value will require testing or manufacturer specifications.

• Tariff classification anchor: The Order anchors the descriptive text to tariff classification 8481.80.90. If a party’s customs entry classifies a product differently, or if classification disputes arise, the applicability of this Order will be affected. The document does not lay out how classification challenges are to be resolved; the text simply uses 8481.80.90 to identify the product category (Table).

• Unstated administrative procedures: The Order does not specify how to claim the Schedule 4 item, how to present evidence, or which administrative officers will determine eligibility. These operational matters are left to the broader administrative framework and may produce uncertainty for importers or suppliers seeking to apply the Order in practice.

• No “last date of effect” recorded in Column 2: Column 2 contains the Schedule 4 Item Number 50 but no explicit last date of effect. The Order states it will continue until revoked under s 269SC or s 269SD or until any date specified in Column 2, but no such date is printed. Practically, this means the Order appears indefinite on its face, subject to statutory revocation; users must monitor revocation under the statutory regime (opening paragraph; Table Column 2).

• External standard is non‑domestic: The ANSI B16.34 standard is an American standard; the Order requires conformity to that specific standard rather than to a generic performance criterion or to an Australian standard. The choice of an external standard can raise evidentiary and interpretation issues in an Australian administrative setting if disputes arise about which editions or revisions of the standard apply or how foreign standard testing records are to be accepted.

These are textual and operational “gotchas” that arise strictly from the instrument’s drafting. They determine where factual proof and administrative discretion will be engaged in applying the Order.

Compliance with the Order, as framed by its text, requires matching the precise descriptive criteria in the Table and being prepared to demonstrate that match to the relevant authority. The Order itself does not set an administrative procedure; it sets eligibility criteria. Practical steps consistent with the Order’s terms are therefore the following.

1. Confirm tariff classification alignment: The Table anchors the goods to tariff classification 8481.80.90. Ensure that the goods that are to be treated under this Order are classified to that tariff heading in any customs documentation. The Order’s operative description is attached to that classification number (Table first cell).

2. Verify material and subcategory fit: Determine which subcategory (a) to (e) in Column 1 your physical valve falls within. The subcategories differ by construction material (steel v high alloy), bore dimensions and operating pressure thresholds. The Order applies only where the product matches one of the subcategories described in the Table.

3. Establish conformity to ANSI B16.34: Each subcategory requires that the valve have a “pressure temperature rating to American National Standards Institute Specification B16.34 (ANSI B16.34)”. Retain documentation from the manufacturer, test reports, material certificates or certification bodies that demonstrate the valve’s pressure‑temperature rating in accordance with ANSI B16.34. The Order makes that conformity a textual condition for application (Table entries (a)(i)-(e)(i)).

4. Document bore size and operating pressure: For the chosen subcategory, ensure you have clear, dated, and verifiable specifications showing the valve’s bore diameter or bore size and its maximum operating pressure. The Table uses precise numerical boundaries (e.g. “NOT less than 250 mm and NOT greater than 400 mm” in (b); “maximum operating pressure NOT less than 1 650 kPa” in (b)). Where the boundary language uses “NOT less than” or “NOT greater than”, ensure measured or certified values fall squarely within the stated bounds.

5. Prepare material evidence: For valves claimed under (e), which lists specific alloys (hastelloy, duplex, inconel, zirconium or titanium), secure metallurgical certificates or material test reports that identify the alloy. For valves under (a)-(d), maintain documents confirming “steel construction” and the relevant pressure‑temperature rating under ANSI B16.34.

6. Anticipate gaps and overlaps: Because the Table’s bore ranges and material categories produce both gaps and overlaps, clearly map each valve’s characteristics against the subcategory grid, and document the basis for selecting a particular subcategory. If your valve falls into an ambiguous range (for example between 200 mm and 250 mm bore where some subcategories do not expressly cover), retain firm technical evidence and be prepared to justify the classification in communication with the relevant administrative authority.

7. Monitor revocation and dates: The Order remains effective until revoked under sections 269SC or 269SD of the Customs Act 1901, or until any date is inserted in Column 2 (opening paragraph). Because no “last date of effect” is printed in the Table, check administrative notices and registers periodically to confirm that the Order has not been revoked or modified.

8. Retain contemporaneous records: Although the Order does not specify record‑keeping requirements, the operative criterion is factual match to the Table’s description. To make or support a claim that the Schedule 4 item applies, keep vendor declarations, manufacturer specifications, metallurgical certificates, test reports and any conformity certificates showing compliance with ANSI B16.34, as these are the determinative items the Order requires.

9. Seek administrative clarification where necessary: The Order does not prescribe how to demonstrate compliance or the evidentiary threshold. If there is uncertainty about how an administrative body will assess conformity to ANSI B16.34 or how the bore/pressure ranges are to be verified, seek pre‑lodgement confirmation with the relevant customs administrative unit or obtain formal advice on documentation expectations.

10. Consider classification contingency: If there is any doubt that the product will be classified to 8481.80.90 at customs entry, resolve classification questions before relying on the Order. The instrument’s coverage is tied to that tariff classification.

These steps are drawn from the Order’s operative text: the Table’s descriptive criteria, the tariff classification anchor, the ANSI B16.34 conformity requirement, the Schedule 4 item linkage and the stated temporal/revocation formula (opening paragraph; Table). The Order does not itself provide administrative process details; the practical compliance measures above flow from the need to demonstrate the factual match the Order requires.