Document ID: chunk:federal_register_of_legislation:C2015A00136:clause:1_153zoe:p1
Version: federal_register_of_legislation:C2015A00136
Segment Type: clause
Provision Reference: sch 1 cl 153ZOE (pt 1/2)
Character Range: 13402–16112

153ZOE  Goods produced in China, or in China and Australia, from non‑originating materials
 (1) Goods are Chinese originating goods if:
 (a) they are classified to a Chapter, heading or subheading of the Harmonized System specified in column 1 of the table in Part 2 of Schedule 1 to the regulations made for the purposes of this Subdivision; and
 (b) they are produced entirely in the territory of China, or entirely in the territory of China 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 the goods are imported, a Certificate of Origin or a Declaration of Origin, or a copy of one, for the goods; or
 (ii) Australia has waived the requirement for a Certificate of Origin or a Declaration 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.

Regional value content
 (5) The regulations may prescribe that the goods are required to have a regional value content of at least a prescribed 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 accessories, spare parts or tools; and
 (c) the accessories, spare parts or tools are classified and invoiced with the goods and are included in the price of the goods; and
 (d) the quantities and value of the accessories, spare parts or tools are customary for the goods; and
 (e) the accessories, spare parts or tools are non‑originating materials;
then the regulations must require the value of the accessories, spare parts or tools to be taken into account as non‑originating materials 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