Document ID: chunk:federal_register_of_legislation:C2004A04684:body:0:p8
Version: federal_register_of_legislation:C2004A04684
Segment Type: other
Provision Reference: 
Character Range: 18191–20963

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 incorporated, require the part of the cost that is, in the Comptroller's opinion, reasonably attributable to those other materials to be disregarded.

Comptroller may require cost over normal market value to be disregarded

"(5) If the Comptroller is satisfied that the cost to the manufacturer of materials in the form they are received at a factory exceeds, by an amount determined by the Comptroller, the normal market value of the materials, the Comptroller may, by written notice given to the importer of preference claim goods in which those materials are incorporated, require the excess to be disregarded.

Comptroller may determine cost of certain materials received at a factory

  "(6) If the Comptroller is satisfied:

     (a) that materials in the form they are received at a factory are so received:

      (i) free of charge; or

        (ii) at a cost that is less than the normal market value of the materials; and

     (b) that the receipt of the materials free of charge or at a reduced cost has been arranged, directly or indirectly, by a person who will be the importer of preference claim goods in which those materials are incorporated;

the Comptroller may, by written notice given to the importer, require that an amount determined by the Comptroller to be the difference between the cost, if any, paid by the manufacturer and the normal market value be treated as the amount, or a part of the amount, paid by the manufacturer in respect of the materials.

Effect of determination

"(7) If the Comptroller gives a notice to the importer of preference claim goods under subsection (4), (5) or (6) in respect of materials incorporated in those goods, the cost of the materials to the manufacturer must be determined having regard to the terms of that notice.

Allowable expenditure of factory on labour

Calculation of allowable expenditure of factory on labour

"153F.(1) Allowable expenditure of a factory on labour in respect of preference claim goods means the sum of the part of each cost prescribed for the purposes of this subsection:

  (a) that is incurred by the manufacturer of the goods; and

     (b) that relates, directly or indirectly, and wholly or partly, to the manufacture of the goods; and

  (c) that can reasonably be allocated to the manufacture of the goods.

Regulations may specify manner of working out cost

"(2) Regulations prescribing a cost for the purposes of subsection (1) may also specify the manner of working out that cost.

Allowable expenditure