Document ID: chunk:federal_register_of_legislation:C2008A00127:clause:1_153zje:p1
Version: federal_register_of_legislation:C2008A00127
Segment Type: clause
Provision Reference: sch 1 cl 153ZJE (pt 1/2)
Character Range: 10961–13793

153ZJE  Goods produced in Chile, or Chile and Australia, from non‑originating materials

 (1) Goods are Chilean originating goods if:
 (a) they are classified to a heading or subheading of the Harmonized System specified in column 1 of the table in Schedule 1 to the Customs (Chilean Rules of Origin) Regulations 2008; and
 (b) they are produced entirely in the territory of Chile, or entirely in the territory of Chile and the territory of Australia, from non‑originating materials only or from non‑originating materials and originating materials; and
 (c) each requirement that is specified in the regulations to apply in relation to the goods is satisfied; and
 (d) 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.
This subsection is subject to subsections (9) and (10).

Change in tariff classification

 (2) The regulations may specify that each non‑originating material used 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 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 specify that the goods are required to have a regional value content of at least a specified 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, tools or instructional or other information resources; and
 (c) the accessories, spare parts, tools or instructional or other information resources are not invoiced separately from the goods; and
 (d) the quantities and value of the accessories, spare parts, tools or instructional or other information resources are customary for the goods; and
 (e) the accessories, spare parts, tools or instructional or other information resources are non‑originating materials;
then the regulations must require the value of the accessories, spare parts, tools or instructional or other information resources 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, tools or instructional or other information resources is to be worked out