Document ID: chunk:federal_register_of_legislation:C2025C00155:section:153zkx:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 153ZKX (pt 1/4)
Character Range: 846456–849080

153ZKX  Goods produced from non‑originating materials
 (1) Goods are Trans‑Pacific Partnership 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‑D to Chapter 3, or in Annex 4‑A to Chapter 4, of the Agreement; and
 (b) they are produced entirely in the territory of one or more of the Parties 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 certification of origin, or a copy of one, for the goods; or
 (ii) Australia has waived the requirement for a certification of origin for the goods.
Note: Subsection (12) sets out a limitation for goods that are put up in a set for retail sale.
 (2) Without limiting paragraph (1)(c), if the goods are a textile or apparel good, paragraphs 7 and 9 of Article 4.2 of Chapter 4, and Appendix 1 to Annex 4‑A to Chapter 4, of the Agreement have effect for the purposes of determining whether paragraph (1)(c) is met.
Note: Most of the requirements applicable to goods are set out in the table in Annex 3‑D to Chapter 3, or in Annex 4‑A to Chapter 4, of the Agreement.

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.

Rules for goods that are not a textile or apparel good
 (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) the goods are not a textile or apparel good; 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 value of the non‑originating materials covered by paragraph (c) does not exceed 10% of the customs value of the goods.
Note: See subsections (6) and (7) for goods that are a textile or apparel good.
 (5) In applying subsection (4), disregard non‑originating materials covered by paragraph (a), (b), (c), (d) or (e) of Annex 3‑C to Chapter 3 of the Agreement.

Rules for goods that are a textile