Document ID: chunk:federal_register_of_legislation:C2004A04684:body:0:p7
Version: federal_register_of_legislation:C2004A04684
Segment Type: other
Provision Reference: 
Character Range: 15738–18452

a country in the qualifying area, subsection (2) or (4), as the case requires, applies as if that subsequent reimportation were the only importation of those materials.

Goods claimed to be the manufacture of New Zealand—special rule

  "(6) If:

     (a) goods claimed to be the manufacture of New Zealand are manufactured, in whole or in part, from particular materials; and

     (b) under subsection (4), the allowable expenditure of the factory on those particular materials would be at least 50% of the total expenditure of the factory on those particular materials worked out in accordance with section 153C;

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

Waste or scrap

  "(7) If:

  (a) materials are imported into a country; and

  (b) the subjecting of those materials to a process of manufacture gives rise to waste or scrap; and

  (c) that waste or scrap is fit only for the recovery of raw materials;
any raw materials that are so recovered in that country are to be treated, for the purposes of this section, as if they were unmanufactured raw products of that country.

Transhipment

"(8) If, in the course of their exportation from one country to another country, materials are transhipped, that transhipment is to be disregarded for the purpose of determining, under this section, the country from which the materials were exported.

Calculation of the cost of materials received at a factory

Purpose of section

"153E.(1) This section sets out, for the purposes of sections 153C and 153D, the rules for working out the cost of materials in the form they are received at a factory.

General rule

"(2) Subject to this section, the cost of materials received at a factory is the amount paid or payable by the manufacturer in respect of the materials in the form they are so received.

Customs and excise duties and certain other taxes to be disregarded

"(3) Any part of the cost of materials in the form they are received at a factory that represents:

  (a) a customs or excise duty; or

     (b) a tax in the nature of a sales tax, a goods and services tax, an anti-dumping duty or a countervailing duty;

imposed on the materials by a country in the qualifying area is to be disregarded.

Comptroller may require artificial elements of cost to be disregarded

"(4) If the Comptroller is satisfied that materials in the form they are received at a factory incorporate other materials solely for the purpose of artificially raising the cost of the first-mentioned materials, the Comptroller may, by written notice given to the importer of preference claim goods in which those other materials are