Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 153ZQE

  (1)   Goods are RCEP originating goods if:

  (a)   they are classified to a Chapter, heading or subheading of the Harmonized System that is covered by the table in Annex   3A to Chapter   3 of the Agreement; and

  (b)   they are produced entirely in a Party from non - originating materials only or from non - originating materials and originating materials; and

  (c)   the goods satisfy the requirements applicable to the goods in that Annex; and

  (d)   either:

  (i)   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

  (ii)   Australia has waived the requirement for a Proof of Origin for the goods.

  (2)   Without limiting paragraph   (1)(c), a requirement may be specified in the table in Annex   3A to Chapter   3 of the Agreement by using an abbreviation that is given a meaning for the purposes of that Annex.

Change in tariff classification

  (3)   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.

  (4)   If:

  (a)   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

  (b)   the goods are classified to any of Chapters   1 to 97 of the Harmonized System; and

  (c)   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.

  (5)   If:

  (a)   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

  (b)   the goods are classified to any of Chapters   50 to 63 of the Harmonized System; and

  (c)   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

  (6)   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:

  (a)   the regional value content of the goods is to be worked out in accordance with the Agreement; or

  (b)   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.