CUSTOMS REGULATIONS (REPEALED)

REGULATION 135   AMOUNT OF CLAIM FOR DRAWBACK OF IMPORT DUTY  

135(1)   [Limitation on amount]  

For the purposes of paragraph 134(4)(b) , the amount of a claim for drawback of import duty paid on the exportation of goods must not exceed the amount of import duty:


(a) paid on the goods; or


(b) in the case of specified goods within the meaning of regulation 131 - paid on the imported goods referred to in subregulation 131(2) .

135(1A)   [ Calculation by reference to previous imports]  

For paragraph 134(4)(b) , the amount of the claim may be calculated by reference to the amount of import duty paid on identical goods that were imported by the claimant on a previous occasion.

135(2)   [Quantitative duty not applicable]  

Subregulation (3) applies if:


(a) the amount of import duty paid on the goods is not known by the person making the claim; and


(b) an amount of quantitative duty is not applicable to the goods.

135(3)   [Formula for subreg (2)]  

The person may, for the purpose of setting out in the form mentioned in paragraph 134(4)(a) the amount of the claim, set out an amount calculated using the formula:


P   ×   0.3   ×   R

where:

P is the price paid for the goods by the person who was the owner of the goods at the time the goods were exported.

R is the ad valorem rate of import duty for the goods.

135(4)   [Quantitative duty applicable]  

Subregulation (5) applies if:


(a) the amount of import duty paid on the goods is not known by the person making the claim; and


(b) an amount of quantitative duty is applicable to the goods.

135(5)   [Formula for subreg (4)]  

The person may, for the purpose of setting out in the form mentioned in paragraph 134(4)(a) the amount of the claim, set out an amount calculated using the formula:


Q   +   [(P − Q)   ×   0.3   ×   R]

where:

Q is the quantitative duty for the goods.

P is the price paid for the goods by the person who was the owner of the goods at the time the goods were exported.

R is the ad valorem rate of import duty for the goods.

135(6)   [Quantitative duty]  

In this regulation:

quantitative duty
, for goods, is the import duty calculated by reference to:


(a) the actual quantities of the goods; or


(b) the actual quantities of a component of the goods;

in accordance with the Customs Tariff.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.