Goods produced from non‑originating materials
153ZQE Goods produced from non‑originating materials
Goods are RCEP originating goods if:
they are classified to a Chapter, heading or subheading of the Harmonized System that is covered by the Product‑Specific Rules; and
they are produced entirely in a Party from non‑originating materials only or from non‑originating materials and originating materials; and
the goods satisfy the requirements applicable to the goods in the Product‑Specific Rules; and
either:
the importer of the goods has, at the time the goods are imported, a Proof of Origin, or a copy of one, for the goods; or
Australia has waived the requirement for a Proof of Origin for the goods.
Without limiting paragraph (1)(c), a requirement may be specified in the Product‑Specific Rules by using an abbreviation that is given a meaning for the purposes of the Product‑Specific Rules.
Change in tariff classification
If a requirement that applies in relation to the goods is that all non‑originating materials used in the production of the goods must have undergone a particular change in tariff classification, the regulations may prescribe when a non‑originating material used in the production of the goods is taken to satisfy the change in tariff classification.
If:
a requirement that applies in relation to the goods is that all non‑originating materials used in the production of the goods must have undergone a particular change in tariff classification; and
the goods are classified to any of Chapters 1 to 97 of the Harmonized System; and
one or more of the non‑originating materials used in the production of the goods do not satisfy the change in tariff classification;
then the requirement is taken to be satisfied if the total value of the non‑originating materials covered by paragraph (c) does not exceed 10% of the customs value of the goods.
If:
a requirement that applies in relation to the goods is that all non‑originating materials used in the production of the goods must have undergone a particular change in tariff classification; and
the goods are classified to any of Chapters 50 to 63 of the Harmonized System; and
one or more of the non‑originating materials used in the production of the goods do not satisfy the change in tariff classification;
then the requirement is taken to be satisfied if the total weight of the non‑originating materials covered by paragraph (c) does not exceed 10% of the total weight of the goods.
Regional value content
If a requirement that applies in relation to the goods is that the goods must have a regional value content of not less than a particular percentage worked out in a particular way:
the regional value content of the goods is to be worked out in accordance with the Agreement; or
if the regulations prescribe how to work out the regional value content of the goods—the regional value content of the goods is to be worked out in accordance with the regulations.
This provision refers to the regulations (the regulations may prescribe
, the regulations
). Made under this Act:
- Customs (Australia–US Free Trade Agreement) Regulations 2004 · under s 270
- Customs (Prohibited Exports) Regulations 1958 · under s 112
- Customs (Thailand-Australia Free Trade Agreement) Regulations 2004 · under s 270
136 more instruments made under this Act are listed on the Act’s overview.
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