Asbestos update

[chevelle]

NEW LAW



Vehicles with components containing asbestos

Importing motor vehicles that contain components such as gaskets, brake pads and clutch pads, that include asbestos is prohibited in almost all circumstances. It is an offence to import motor vehicle with components that contain asbestos. There can be lengthy delays in releasing motor vehicles suspected of containing asbestos components.

You must provide evidence to your import broker or an Australian Border Force officer that you have:

had a sample of high risk components tested at an Australian independent National Association of Testing Authorities (NATA) accredited laboratory, or at an overseas laboratory accredited by an authority recognised by NATA through a Mutual Recognition Agreement, or

engaged a qualified mechanic to remove the brakes, clutch, exhaust gasket and any other high risk parts prior to import to Australia, or

engaged a qualified mechanic to replace the brakes, clutch, exhaust gasket and any other high risk parts with components certified to be free of asbestos.

More information is available about asbestos.





As members will be aware, there was introduced on 6 March
2017 (without consultation with any sector of the industry on the
basis that it was common held knowledge that certain components
of vehicles were subject to asbestos testing) a community
protection question as it relates to vehicles (whether new or
used). Note, this includes motor vehicles, offroad vehicles and
motor cycles etc. For those who deal with the motor vehicle
industry in all of its forms and in relation to parts for that industry,
the unintended, or perhaps intended consequence of this new
CPQ, is to say the least an outcome where there clearly needed to
be significant consultation with importers, stakeholders and service
providers to the industry sector.

The CBFCA as well as individuals, corporate entities and other
industry associations have been in touch with the DIBP on this
particular aspect and the significant cost implications for industry.
The CBFCA has actioned this item with the Commander
Customs Compliance and requested discussion via its Agenda
at the Trade and Goods Compliance Advisory Group (CAG)
meeting to be held on 17 March 2017 in Canberra.

At this time there exists no clear methodology to overcome the
significant impediments that have been imposed by the CPQ .

In addition, the CBFCA understands that there has been certain unsubstantiated commentary made by others in relation to this
matter to the effect that the DIBP is considering the
"suspension/withdrawal" of the CPQ.

This is not the case, and it has been clearly set out by the
DIBP through legislative requirements, supporting DIBPN
2016/30 and Fact Sheet, the compliance responsibilities of the
importer (and the flow on effect of that to the importer's
service provider, in the main, the licensed customs
broker/brokerage).

The CBFCA would like to reiterate to members and their clients the
importance of undertaking appropriate testing and assurance for
automotive parts (and clearly understands the difficulty of this
compliance issue with vehicles that do not have an extensive
history of mechanical repairs or as to whether those repairs of key
components, which could have an at best linkage, are able to be
judged on the basis of available information to correctly answer the
CPQ). While it would be appropriate for a reasonableness test to
exist in relation to any appropriate level of protection to meet the
determined risk on asbestos, this is currently not the case, and
even with best endeavours, any outcome relies on certification from
the importer or exporter in relation to asbestos aspects.

As all are aware, past ABF detections indicate that automotive
parts such as gaskets and brake pads, present a high risk of
containing asbestos.

Where the ABF are not assured that goods do not contain
asbestos, testing and certification in Australia is a requirement.

Whilst it is acknowledged that there are challenges when dealing
with vehicles, the policy has not changed, and assurance through
testing prior to importation remains the key.

For testing undertaken overseas, the ABF will only accept testing
certificates from appropriately accredited laboratories. Where
testing is done overseas, the samples tested must be drawn from
the actual batch that is being imported. Where this link can’t be
made, further assurance including testing will be requested at the
border. Additional information on testing for asbestos can be found
on our website:

http://www.border.gov.au/Busi/cargos...ingforasbestos

For members' benefit, please refer to the following link to specific
information relating to the importation of vehicles:

http://www.border.gov.au/Busi/cargos...mportinggoods/
importingmotorvehicles

For members' benefit, please refer to the following link to specific
information relating to the importation of vehicles:

http://www.border.gov.au/Busi/cargos...mportinggoods/
importingmotorvehicles


To find the list of “Goods that might contain asbestos” refer to the
following link. (Note this is non exhaustive and subject to change).
http://www.border.gov.au/Busi/cargos...ontainasbestos

[chevelle]

ASBESTOS DECLARATION.PDF

[TJS811]

What a lot of crap they come up with.

[69JavelinMan]

So basically you need to remove the brake pads/shoes, clutch and exhaust gaskets before it goes in the container, that's going to be fun.

[Benny]

Yet another Hurdle to jump and work around.

[69JavelinMan]

Some of the links are not working, but this may be of interest:

What if asbestos is detected?

If asbestos is detected in goods being imported, the goods are seized as a prohibited import, and will be forfeited to the Crown for disposal. Re-export is not permitted.

Shipments from overseas suppliers who have been identified as sending asbestos or ACM to Australia will be targeted for intervention action at the border. Goods that have previously been imported from these suppliers will also be identified and referred to state and territory WHS regulators for further investigation.

As a member of the World Customs Organisation (WCO), we share information and intelligence with other customs administrations in regard to the movement of controlled goods worldwide.

[Tambo]

WTF!!!
Yes I suppose its good they've done something about it ... I'm tired of seeing trails of people dying of asbestosis poisoning along the side of the road every time I apply my brakes. Then there was he time I removed the heads and killed everybody in the workshop because of a trace of asbestos in the gaskets.
Unbelievable.

[Nev68]

Didn't stop "Great Wall" bringing in utes with asbestos gaskets

[Juzz]

Originally Posted by Nev68

Didn't stop "Great Wall" bringing in utes with asbestos gaskets

They probably pay more.

[Schteevo]

It's still March isn't it?

Not April 1st yet??

[OldIndian]

https://www.hemmings.com/blog/2017/0...comments-block

[chevelle]

“Importers need to obtain sufficient information, prior to shipment, when unsure of any asbestos content, parts or components accompanying the primary item of import that are a risk (such as gaskets), or whether asbestos was present at any point in the supply chain process,” the notice reads. “If the information presented does not provide sufficient assurance, the ABF will require importers to arrange testing and certification in Australia… For testing in Australia, the ABF will only accept certification from a laboratory, that is accredited by NATA to undertake asbestos testing, that confirms asbestos was not detected.”

That's untrue as have been notified that they will not accept any documentation in relation to asbestos testing abroad. They will not recognise even if done in a Lab in the USA.

They will still pull a container up at random and still charge you the fees in doing so even if you have no Asbestos.

[rodent]

https://www.border.gov.au/Customsnot...ce-2017-21.pdf

[69JavelinMan]

Other stuff indicted that you could have testing done overseas so long at the laboratory was accredited to a body that has mutual recognition with NATA, here is a list of them which includes several US options:

https://www.aplac.org/aplac_mra.html

You can provide all of the evidence you like and you can still get tested here, but you chances will be reduced if you can actually backup the fact that you ticked "no" on the form based on credible data.

[Russ]

So what the f*ck still has asbestos present?

I get an untouched barn-find from 1955 may contain asbestos in some form or fashion, but something that has been rebuilt in the past 30 years - especially by someone that didn't have a hard-on for uber-cosly NOS nonsense - should be sweet, right?