Document ID: chunk:federal_register_of_legislation:C2006A00166:clause:1_153zie:p1
Version: federal_register_of_legislation:C2006A00166
Segment Type: clause
Provision Reference: sch 1 cl 153ZIE (pt 1/2)
Character Range: 9278–12078

153ZIE  Goods produced in New Zealand or New Zealand and Australia from non‑originating materials

 (1) Goods are New Zealand 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 (New Zealand Rules of Origin) Regulations 2006; and
 (b) they are produced entirely in New Zealand, or entirely in New Zealand and Australia, from non‑originating materials only or from non‑originating materials and originating materials; and
 (c) each requirement that is specified in the regulations to apply in relation to the goods is satisfied.

Change in tariff classification

 (2) The regulations may specify that each non‑originating material used or consumed in the production of the goods is required to satisfy a specified change in tariff classification.

 (3) The regulations may also specify when a non‑originating material used or consumed 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 or consumed 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.

Regional value content

 (5) The regulations may specify that the goods are required to have a regional value content of at least a specified percentage.

 (6) If:
 (a) the goods are required to have a regional value content of at least a particular percentage; and
 (b) the goods are imported into Australia with standard accessories, standard spare parts or standard tools; and
 (c) the accessories, spare parts or tools are not invoiced separately from the goods; and
 (d) the quantities and value of the accessories, spare parts or tools are customary for the goods;
then the regulations must require the value of the accessories, spare parts or tools to be taken into account as originating materials or non‑originating materials, as the case may be, for the purposes of working out the regional value content of the goods.

Note: The value of the accessories, spare parts or tools is to be worked out in accordance with the regulations: see subsection 153ZIB(3).

 (7) For the purposes of subsection (6), disregard section 153ZIG in working out whether the accessories, spare parts or tools are originating materials or non‑originating materials.

 (8) However, subsection (6) does not apply if the accessories, spare parts or tools are imported solely for the purpose of artificially raising the regional value content