BMSB SEASONAL MEASURES

Dear Valued Customer,

The Department of Agriculture, Water and the Environment (the department) have provided an update for the Brown Marmorated Stink Bug (BMSB) season measures 2021/22 now including air cargo from USA and Italy.

The 2021-22 BMSB season will be in effect for goods that have been shipped between 1 September 2021 and 30 April 2022 (inclusive) as reflected on the Bill of Lading, will be subject to BMSB intervention.

Please Note: The shipped-on board date, as indicated on the Ocean Bill of lading, is the date used to determine when goods have been shipped. "Gate in" dates and times will not be accepted to determine when goods are shipped. Container tracking information may be used as supplementary means of confirming shipped on board date. It cannot be used as the primary form of evidence. Container tracking information is insufficient for demonstrating when goods were sealed in a container.

LCL and FAK containers with target high risk goods will be managed by the forwarder at the container level, for BMSB risk prior to deconsolidation of the container.

The BMSB seasonal measures are available on the BMSB web-page: https://www.agriculture.gov.au/import/before/brown-marmorated-stink-bugs

• Poland will be added as a target risk country;
• Belarus, Malta, Sweden, United Kingdom, and Chilewill be added as emerging risk countries;

Primarily the measures will remain the same for next season; however, the department have advised of some changes to the 2021/22 BMSB seasonal measures:

Air cargo from USA and Italy will be subject to random verification inspections for the 2021-22 BMSB risk season, measures will apply to goods shipped as sea cargo:

1. Certain goods manufactured in, or shipped fromtarget risk countries; and/or
2. Vessels that berth at, load, or transship from target risk countries

Due to detections of live BMSB in previous season, air cargo arriving between 01 September and 30 November 2021 (inclusive) from USA and Italy, containing goods of target high risk chapters 84, 85, 86 and 87 will be subject to random verification inspections. All random onshore verification inspections are required to be completed in a metropolitan location.

You can check on following links:

Refer to "What are the target risk countries?" on: https://www.agriculture.gov.au/import/before/brown-marmorated-stink-bugs

Refer to "What goods are subject to the measures?" on: https://www.agriculture.gov.au/import/before/brown-marmorated-stink-bugs

Please Note: All other goods are not subject to BMSB intervention however if they are packed in a container with target high risk goods that require BMSB intervention, they will be subject to the measures.

Treated Offshore:

Shipment must be treated offshore using an approved offshore treatment provider; please refer to: https://www.agriculture.gov.au/import/before/brown-marmorated-stink-bugs/offshore-bmsb-treatment-providers-scheme

List of Approved Offshore Treatment Providers:

Please refer to: https://www.agriculture.gov.au/import/before/brown-marmorated-stink-bugs/offshore-bmsb-treatment-providers-scheme/approved-list

Transiting Goods:

To check if transiting goods need to comply with the BMSB measures, refer to "What if my goods will transit through a target risk country?" on: https://www.agriculture.gov.au/import/before/brown-marmorated-stink-bugs/prepare-import#circumstances-where-goods-may-not-be-subject-to-the-seasonal-measures

There are no exemptions to this seasons BMSB measures except in the scenario for certain goods manufactured on or after 1 December 2021 below.

Other Important Key Issues:

• BMSB treatment of break bulk (including RO/RO), flat rack and open top containers must be conducted offshore prior to export. Onshore treatment is not permitted.
• FCL containers that have been modified, such as those used to house in-built power generators, etc. are no longer sealed six hard sided containers and are considered to be break bulk cargo.
• While BMSB treatments on consignments in six hard sided containers can be conducted onshore on arrival, the department encourages offshore treatment where possible.
• The department classifies refrigerated containers (operating and non-operating) and hard top sealed containers (ISO22U6/ISO22UP, ISO42U6/ISO42UP and ISO45U6/ISO45UP) the same as six hard sided sealed containers.
• Where treatment of consignments in six hard sided containers is not conducted offshore, importers can expect delays and increased costs due to the potential backlog of treatments required to be conducted onshore (in AU).
• Goods are to be treated within the container. Deconsolidation or removal of goods will not be permitted prior to treatment. No exemptions for deconsolidation or segregation on arrival will be considered by the department.
• Consideration must be given to ensure containers are packed in a manner that will enable effective onshore treatment at the container level where required, to avoid possible re-export of the container.

To demonstrate goods were sealed inside a container prior to 1 September 2021 or after treatment, a BMSB sealing declaration must be provided with the lodgment. Supporting documentation must be completed and signed by either the exporter, freight forwarder, or shipping company at the port of origin.

This Document is Required Where:

• Goods were containerised prior to 1 September 2021, but shipped after this date, or
• The bill of lading does not state the shipped-on board date, or
• Goods were sealed inside the container within 120 hours of treatment occurring offshore.

The department will permit certain goods manufactured on or after 1 December 2021, and that can meet the full NUFT criteria to be exempt from BMSB measures:

For more information refer to "Circumstances where goods may not be subject to the seasonal measures" on: https://www.agriculture.gov.au/import/before/brown-marmorated-stink-bugs/prepare-import#circumstances-where-goods-may-not-be-subject-to-the-seasonal-measures

• Goods classed as new machinery, vehicles, vessels/new complex parts and equipment and classified undertariff chapters 82, 84, 85, 86, 87, 88and 89 will be accepted under the NUFT criteria as long as they meet certain conditions;
• You must provide evidence in the form of a BMSB manufacturers NUFT (new, unused and not field tested) declaration that the goods are manufactured on or after 1 December 2021;
• Manufacturers declarations will only be accepted from the company that manufactured/produced the goods and must be issued by either the individual manufacturing site or head office within the country of manufacture;
• A good is only considered to be manufactured on or after 1 December 2021 if all its large, complex components have also been manufactured after 1 December 2020;
• A NUFT template has been added to the Templates for documentary evidence section of the above-mentioned page.

Experience has told us that the bio-security system is challenged, importers experienced longer delays in New South Wales and Victoria. As the BMSB volumes continued to increase from the additional target high risk countries, etc, the local industry struggled to cope with the demand, which resulted in long delays and additional costs to industry.

If you wish to discuss these matters further, please do not hesitate to contact your POWERHOUSE representative. 

Thank you for choosing POWERHOUSE LOGISTICS.