Document ID: chunk:federal_register_of_legislation:C2009A00097:clause:1_153zke:p1
Version: federal_register_of_legislation:C2009A00097
Segment Type: clause
Provision Reference: sch 1 cl 153ZKE (pt 1/2)
Character Range: 11635–14378

153ZKE  Goods produced from non‑originating materials and classified in the tariff table
 (1) Goods are AANZ 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 (ASEAN‑Australia‑New Zealand Rules of Origin) Regulations 2009; and
 (b) each requirement that is specified in the regulations to apply in relation to the goods is satisfied; and
 (c) the importer of the goods has, 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 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.
 (5) If:
 (a) the requirement referred to in subsection (2) applies in relation to the goods; and
 (b) the goods are classified to any of Chapters 50 to 63 of the Harmonized System; and
 (c) 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 weight of those non‑originating materials does not exceed 10% of the total weight of the goods.

Regional value content
 (6) The regulations may specify that the goods are required to have a regional value content of at least a specified percentage.
 (7) 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, tools or instructional or other information materials; and
 (c) the accessories, spare parts, tools or instructional or other information materials are not invoiced separately from the goods; and
 (d) the quantities and value of the accessories, spare parts, tools or instructional or other information materials are customary for the goods;
then the regulations must require the value of the accessories, spare parts, tools or instructional or other information materials