Document ID: chunk:federal_register_of_legislation:C2014A00113:clause:1_153zme:p1
Version: federal_register_of_legislation:C2014A00113
Segment Type: clause
Provision Reference: sch 1 cl 153ZME (pt 1/2)
Character Range: 12102–14768

153ZME  Goods produced in Korea, or in Korea and Australia, from non‑originating materials
 (1) Goods are Korean originating goods if:
 (a) they are classified to a heading or subheading of the Harmonized System specified in column 1 or 2 of the table in Schedule 1 to the Customs (Korean Rules of Origin) Regulation 2014; and
 (b) they are produced entirely in the territory of Korea, or entirely in the territory of Korea and the territory of Australia, from non‑originating materials only or from non‑originating materials and originating materials; and
 (c) each requirement that is prescribed by the regulations to apply in relation to the goods is satisfied; and
 (d) either:
 (i) the importer of the goods has, at the time for working out the rate of import duty on the goods, a Certificate of Origin, or a copy of one, for the goods; or
 (ii) Australia has waived the requirement for a Certificate of Origin for the goods.

Change in tariff classification
 (2) The regulations may prescribe that each non‑originating material used in the production of the goods is required to satisfy a prescribed change in tariff classification.
 (3) The regulations may also 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) the requirement referred to in subsection (2) applies in relation to the goods; 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 referred to in subsection (2) is taken to be satisfied if the total value of those non‑originating materials does not exceed 10% of the customs value of the goods.
 (5) Subsection (4) does not apply in relation to goods that are classified to a heading or subheading of the Harmonized System falling within the following:
 (a) heading 0301 to 0303 or 0305 to 0308 of Chapter 3;
 (b) heading 0701 to subheading 0710.10 or heading 0713 to 0714 of Chapter 7;
 (c) heading 0801 to 0810 or subheading 0813.10 to 0813.40 of Chapter 8.
 (6) If:
 (a) the requirement referred to in subsection (2) applies in relation to the goods; 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 referred to in subsection (2) is taken to be satisfied if the total weight of those non‑originating materials does not exceed 10% of the total weight of the goods.

Regional value content
 (7) The regulations may prescribe that the