Document ID: chunk:federal_register_of_legislation:C2004A01365:clause:1_153zd
Version: federal_register_of_legislation:C2004A01365
Segment Type: clause
Provision Reference: sch 1 cl 153ZD
Character Range: 12965–15112

153ZD  Goods produced entirely in Thailand or in Thailand and Australia

 (1) Subject to subsection (6), goods are Thai originating goods if:
 (a) they are classified to a heading or subheading of the Harmonized System that is specified in column 1 or 2 of the tariff table; and
 (b) they are produced entirely in Thailand, or entirely in Thailand and Australia, from originating materials or non‑originating materials, or both; and
 (c) the requirement or requirements that are specified in column 4 of the tariff table and that apply to the goods are satisfied; and
 (d) the importer of the goods holds, at the time the goods are imported, a Certificate of Origin, or a copy of one, for the goods.

Change in tariff classification

 (2) The regulations may make it a requirement (the tariff change requirement) that each non‑originating material (if any) used to produce the goods must satisfy a particular change in tariff classification. The regulations may also set out when a non‑originating material is taken to satisfy that change.

 (3) The tariff change requirement is also taken to be satisfied if the total value of all the non‑originating materials that:
 (a) do not satisfy the particular change in tariff classification; and
 (b) are used to produce the goods;
does not exceed 10% of the customs value of the goods.

Regional value content

 (4) The regulations may make it a requirement that the goods must satisfy a regional value content requirement. The regulations may prescribe different regional value content requirements for different kinds of goods.

No limit on paragraph (1)(c)

 (5) Subsections (2) and (4) do not limit the requirements the regulations may specify under paragraph (1)(c).

Dilution with water or another substance

 (6) However, the goods are not Thai originating goods under this section if:
 (a) they are classified to any of Chapters 1 to 40 of the Harmonized System; and
 (b) they are produced merely as a result of non‑originating materials being diluted with water or another substance; and
 (c) that dilution does not materially alter the characteristics of the non‑originating materials.