Document ID: chunk:federal_register_of_legislation:C2019A00108:clause:3_153zpe:p1
Version: federal_register_of_legislation:C2019A00108
Segment Type: clause
Provision Reference: sch 3 cl 153ZPE (pt 1/2)
Character Range: 57944–60620

153ZPE  Goods produced in Hong Kong, China, or in Hong Kong, China and Australia, from non‑originating materials
 (1) Goods are Hong Kong 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 3‑B of the Agreement; and
 (b) they are produced entirely in the Area of Hong Kong, China, or entirely in the Area of Hong Kong, China and the Area of Australia, 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 Declaration of Origin, or a copy of one, for the goods; or
 (ii) Australia has waived the requirement for a Declaration of Origin for the goods.
 (2) Without limiting paragraph (1)(c), a requirement may be specified in the table in Annex 3‑B 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) 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 (b) 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