Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p13
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 29772–32801

(c) those particular materials:

        (i) were imported into the preference country from a country outside the qualifying area; or

        (ii) incorporate other materials ('contributing materials') imported into the preference country from a country outside the qualifying area;

then, despite subsection (2), the allowable expenditure of the factory on those particular materials includes:

    (d) the cartage of those particular materials; or

    (e) the part of the cost of those particular materials that is attributable to the cartage of those contributing materials;

from the port or airport in the preference country where those particular materials or contributing materials are first landed to the factory or to the plant where they are processed or first processed.".

18. Paragraph 153D(6)(b):

Omit the paragraph, substitute:

     "(b) the allowable expenditure of the factory on those particular materials, after excluding any costs required to be excluded under subsection (4), would be at least 50% of the total expenditure of the factory on those particular materials, worked out in accordance with section 153C;".

19. After subsection 153D(6):

Insert:

Goods claimed to be the manufacture of Papua New Guinea or a Forum Island Country—special rule

"(6A) If:

    (a) goods claimed to be the manufacture of Papua New Guinea or a particular Forum Island Country are manufactured, in whole or in part, from particular materials; and

    (b) if the qualifying area for that country consisted only of that country and Australia—under subsection (4), the allowable expenditure of the factory on those particular materials, after excluding any costs required to be excluded under subsection (4), would be at least 50% of the total expenditure of the factory on those particular materials worked out in accordance with section 153C;

SCHEDULE 4—continued

then, despite subsection (4), the allowable expenditure of the factory on those particular materials is taken to be that total expenditure.".

20. Subsection 153E(4):

Omit the subsection, substitute:

"(4) If the CEO is satisfied that preference claim goods consist partly of materials added or attached solely for the purpose of artificially raising the allowable factory cost of the goods, the CEO may, by written notice given to the importer of the preference claim goods, require the part of that cost that is, in the CEO's opinion, reasonably attributable to those materials, to be disregarded.".

21. Paragraph 153K(1)(a):

Omit "originate in", substitute "be the manufacture of".

22. Paragraph 153L(2)(b):

Omit the paragraph, substitute:

"(b) having regard to their qualifying area, their allowable factory cost is not less than the specified percentage of their total factory cost.".

    Note: The heading to subsection 153L(2) is altered by omitting "if qualifying area does not include New Zealand".

23. Subsection 153L(3):

Omit the subsection.

24. Subsection 153L(4):

Omit "or (3)".

25. After section 153L:

Insert:

Modification