Tariff (AANZFTA) Amendment Act 2009

1: Title
This Act is the Tariff (AANZFTA) Amendment Act 2009.
2: Commencement
This Act comes into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 January 2010 Tariff (AANZFTA) Amendment Act 2009 Commencement Order 2009
3: Principal Act amended
This Act amends the Tariff Act 1988 OIC SR 2009/347 2010-01-01 Tariff Act 1988 Implementation of preferential tariffs
4: Purpose of sections 5, 6, and 10
The purpose of sections 5 6 10
5: Interpretation
1: The definition of least developed country section 2(1) section 7 of this Act section 7A(1)(c)
2: The definition of less developed country section 2(1) section 7 of this Act section 7A(1)(d)
3: The definition of specified TPA party under section 7A(1)(b) Order in Council
4: Section 2(1) AANZFTA ASEAN preferential abbreviation section 7(3) preferential country section 7(3) specified AANZFTA party section 7A(1)(a) .
6: New sections 7 to 7B substituted
Sections 7 7A
7: Application of Tariff
1: The Tariff applies to goods in a Tariff item that are the product or manufacture of a preferential country at the rate—
a: specified after the preferential abbreviation (if any) in the column of the Tariff headed Preferential Tariff; or
b: specified in some other way (for example, in a footnote or other indicator) in the Tariff by reference to the preferential country or the preferential abbreviation.
2: The liability to duty of any goods that are the produce or manufacture of a country must, for the purposes of this section, be determined according to the status of that country at the time when the goods are imported into New Zealand.
3: In this section, unless the context otherwise requires,— preferential abbreviation note 3 preferential country note 3
7A: Orders in Council about preferential countries
1: The Governor-General may, by Order in Council, do all or any of the following:
a: declare a country that is a party to the AANZFTA to be a specified AANZFTA party for the purposes of this Act:
b: declare a country to be a specified TPA party for the purposes of this Act if the country—
i: is a party to the TPA; or
ii: is provisionally applying the terms of the TPA:
c: declare a country to be, or not to be, a least developed country for the purposes of this Act:
d: declare a country to be, or not to be, a less developed country for the purposes of this Act.
2: The Governor-General may, by an Order in Council making a declaration under subsection (1)
a: declare that, in relation to any specified Tariff items, any rate of duty or exemption from duty otherwise applicable to that country is not to apply to that country:
b: modify, in whole or in part, the Tariff rates of duty applicable to goods from that country.
3: No modification under subsection (2)(b)
a: necessary or advisable in the public interest; and
b: consistent with New Zealand's international obligations.
4: No modification under subsection (2)(b)
7B: Evidence of whether South Pacific Regional Trade and Economic Co-operation Agreement is in force in relation to country
1: A certificate given by the Secretary of Foreign Affairs and Trade to the effect that any country is or is not one in relation to which, at the time of the importation or entry of the goods into New Zealand, the South Pacific Regional Trade and Economic Co-operation Agreement was in force for the purposes of this Act is conclusive evidence of that fact.
2: Any court or any person acting judicially to which or to whom, in any proceeding, any certificate under subsection (1)
3: For the purposes of this section,— court District Court
a: a Family Court; and
b: a Youth Court person acting judicially proceeding
a: a proceeding conducted by a court; and
b: any interlocutory or other application to a court connected with a proceeding. Application of transitional safeguard measures and provisional transitional safeguard measures
7: Purpose of sections 8 and 9
The purpose of sections 8 9
8: Interpretation
The definition of free trade agreement section 15A ; or
c: the AANZFTA and AANZFTA side instruments that relate to safeguards .
9: Provisional transitional safeguard measure
Section 15H(1)(b)(ii) or the AANZFTA the China FTA
10: Schedule 1 amended
1: Note 2 of Schedule 1 The rate of duty of Free, appearing by itself in the Preferential Tariff duty column, means that goods from the following countries are entered free of duty (goods that are the produce or manufacture of countries in respect of which the following preferential abbreviations apply: AAN, AU, CA, CN, LDC, LLDC, Pac, SG, TH, or TPA).
2: Note 2 of Schedule 1 The rate of duty of Free applies under the Tariff to all goods that are the produce or manufacture of Singapore.
3: Schedule 1 Schedule