The Australia-India Economic Cooperation and Trade Agreement (AI-ECTA) comes into force 29 December 2022.

AI-ECTA is a stepping-stone towards a full Australia-India Comprehensive Economic Cooperation Agreement. It provides for competitive tariff elimination or tariff reduction on a wide range of key Australian goods exports and opens new services markets for suppliers in sectors that complement India’s domestic reform priorities.

Entry into force of the agreement before the New Year delivers a double bonus of two tariff cuts in quick succession: one as the agreement comes into effect and a second on 1 January 2023.

We have today received ACN 2022-52 from Australian Border Force (ABF) providing Entry into Force information in relation to the Australia-India Economic Cooperation and Trade Agreement (ECTA).

Indian originating goods

Indian originating goods are those that meet the requirements of Division 1JA of Part VIII of the Customs Act 1901 (Customs Act). Further information about determining the originating status of goods and materials for the purposes of the AI-ECTA is available on the ABF AI-ECTA webpage at: https://www.abf.gov.au/importing-exporting-and-manufacturing/free-trade-agreements/india

Preferential rates of customs duty

Schedule 10A of the Customs Tariff Act 1995 (Customs Tariff Act) sets out the preferential rates of customs duty that apply to goods deemed to be Indian originating. Indian originating goods classified to any tariff subheadings that are not listed in Schedule 10A have a ‘Free’ rate of customs duty from 29 December 2022.

Claiming preferential rates of customs duty under AI-ECTA

An ECTA certificate of origin must be issued by an issuing body or authority of the exporting Party. A written application for this document must be submitted by an exporter, producer or their representative. It needs to meet the requirements of Article 4.15 of the agreement.

A certificate of origin must contain the data elements listed in Annex 4A (Minimum Information Requirements). The field Export Document Number in Box 12 of the certificate of origin only needs to be completed on a certificate of origin issued retrospectively.

For exports from India to Australia, India’s Issuing Bodies are:

  • Agricultural and Processed Food Products Export Development Authority (APEDA)
  • Central Silk Board
  • Cochin Special Economic Zone
  • Coir Board
  • Directorate General of Foreign Trade (DGFT)
  • Export Inspection Council (EIC)
  • Falta Special Economic Zone (FSEZ)
  • Kandla Special Economic Zone (KSEZ)
  • MEPZ Special Economic Zone
  • The Marine Products Export Development Authority (MPEDA)
  • Noida Special Economic Zone (NSEZ)
  • O/o DC (Handicrafts)
  • SEEPZ Special Economic Zone
  • Spices Board
  • Textiles Committee
  • Tobacco Board
  • Vishakhapatnam Special Economic Zone (VSEZ)

For exports from Australia to India, Australia’s Issuing Bodies are:

  • Australian Chamber of Commerce and Industry (ACCI)
  • Australian Industry Group (Ai Group)
  • Ozdocs International Pty Ltd trading as International Export Certification Services.

If you require further information, please reach out to Shehan Aponso from our Tariff and Trade Consultancy team via email: Shehan.Aponso@kerrylogistics.com