Freight & Trade Alliance (FTA) and the Australian Peak Shippers Association (APSA) have received advice from Australian Border Force (ABF) providing clarification around the definitions of engineered stone, declaration obligations, and the associated community protection questions as part of the upcoming import prohibition measures.
From 1 January 2025, engineered stone benchtops, panels, and slabs became prohibited imports under new regulation 5M of the Customs (Prohibited Imports) Regulations 1956.
Under the Customs (Prohibited Imports) Regulations 1956, "engineered stone" holds the same meaning as defined in the Work Health and Safety Regulations 2011:
"Crystalline silica substance (CSS)" means material that contains at least 1% crystalline silica, determined as a weight/weight (w/w) concentration. Engineered stone is a type of CSS.
Definition of Engineered Stone:
(a) A Crystalline silica substance that:
- (i) is an artificial product; and
- (ii) is created by combining natural stone materials with other chemical constituents such as water, resins or pigments; and
- (iii) becomes hardened; but
(b) does not include the following
- (i) concrete and cement products;
- (ii) bricks, pavers and other similar blocks;
- (iii) ceramic wall and floor tiles;
- (iv) grout, mortar and render;
- (v) plasterboard;
- (vi) porcelain products;
- (vii) sintered stone;
- (viii) roof tiles.
Australian Border Force (ABF) Guidance
The ABF has published a Newsletter for Industry providing further information on the engineered stone ban, highlighting key import declaration requirements:
- "Importers should be aware that a new community protection question will be generated as a part of the import declaration process for the purpose of declaring engineered stone."
- "Where goods meet the definition of engineered stone for the purposes of the prohibition, the community protection question must be answered 'yes.'
- "Engineered stone being imported through a permission, confirmation of end use, or exemption of a value of less than $1000 AUD must be entered on a Long Form Self Assessed Clearance Declaration (SAC)."
- "Goods descriptions must include reference to the material composition and type of good, i.e., Engineered Stone Benchtop. The description should not include tariff descriptions, brand names, product codes, generic terms or foreign references. Insufficient information on cargo reports or import declarations may lead to goods being held at the border."
Importers answering 'yes' to the community protection question will be prompted for further engagement with ABF officers to confirm product details. The ABF notes:
"Finished products incorporated into other goods are not prohibited under the import prohibition."
For further information or clarification, members are encouraged to refer to the ABF's published resources
Bianca Flint - Licensed Customs Broker
Member Support - Trade Operations - FTA / APSA