Part 1—Preliminary
1 Name
This instrument is the Customs (Regional Comprehensive Economic Partnership Rules of Origin) Regulations 2021.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The later of: (a) the day after this instrument is registered; and (b) the day on which Schedule 1 to the Customs Amendment (Regional Comprehensive Economic Partnership Agreement Implementation) Act 2021 commences. | 1 January 2022 (paragraph (b) applies) |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Customs Act 1901.
4 Definitions
In this instrument:
Act means the Customs Act 1901.
Agreement has the meaning given by subsection 153ZQB(1) of the Act.
Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 means the Agreement of that name:
(a) set out in Annex 1A of the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994; and
(b) as in force for Australia from time to time.
Note: The Marrakesh Agreement establishing the World Trade Organization is in Australian Treaty Series 1995 No. 8 ([1995] ATS 8) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Harmonized System has the meaning given by subsection 153ZQB(1) of the Act.
non‑originating materials has the meaning given by subsection 153ZQB(1) of the Act.
originating materials has the meaning given by subsection 153ZQB(1) of the Act.
Party has the meaning given by subsection 153ZQB(1) of the Act.
production has the meaning given by subsection 153ZQB(1) of the Act.
Proof of Origin has the meaning given by subsection 153ZQB(1) of the Act.
Part 2—Tariff change requirement
5 Change in tariff classification requirement for non‑originating materials
For the purposes of subsection 153ZQE(3) of the Act, a non‑originating material used in the production of goods that does not satisfy a particular change in tariff classification is taken to satisfy the change in tariff classification if:
(a) it was produced entirely in a Party from other non‑originating materials; and
(b) each of those other non‑originating materials satisfies the change in tariff classification, including by one or more applications of this section.
Part 3—Regional value content requirement
6 Direct/build‑up method
(1) For the purposes of paragraph 153ZQE(6)(b) of the Act, the regional value content of goods under the direct/build‑up method is worked out using the formula:
where:
customs value means the customs value of the goods worked out under Division 2 of Part VIII of the Act.
direct labour costs includes wages, remuneration and other employee benefits.
direct overhead costs means the total overhead expense.
other costs has the same meaning as it has in Article 3.5 of Chapter 3 of the Agreement.
profit has the same meaning as it has in Article 3.5 of Chapter 3 of the Agreement.
value of originating materials means the value, worked out under Part 4, of the originating materials that are acquired by the producer, or produced by the producer, and are used by the producer in the production of the goods.
(2) Regional value content must be expressed as a percentage.
7 Indirect/build‑down method
(1) For the purposes of paragraph 153ZQE(6)(b) of the Act, the regional value content of goods under the indirect/build‑down method is worked out using the formula:
where:
customs value means the customs value of the goods worked out under Division 2 of Part VIII of the Act.
value of non‑originating materials means the value, worked out under Part 4, of the non‑originating materials used in the production of the goods.
(2) Regional value content must be expressed as a percentage.
Part 4—Determination of value
8 Value of goods that are originating materials or non‑originating materials
(1) For the purposes of subsection 153ZQB(2) of the Act, this section explains how to work out the value of originating materials or non‑originating materials used in the production of goods.
(2) The value of the materials is as follows:
(a) for originating materials acquired in a Party, or produced in a Party, by the producer of the goods—the value of the materials worked out in accordance with the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 on the assumption that those materials had been imported into the Party by the producer of the goods;
(b) for non‑originating materials imported into a Party—the value of the materials worked out in accordance with the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994;
(c) for non‑originating materials acquired in a Party by the producer of the goods—the earliest ascertainable price paid or payable for the materials;
(d) for non‑originating materials produced in a Party by the producer of the goods—the sum of:
(i) all the costs incurred in the production of the materials, including general expenses; and
(ii) an amount that is the equivalent of the amount of profit that the producer would make for the materials in the normal course of trade.
(3) For the purposes of paragraph (2)(b), in working out the value of particular non‑originating materials, the following must be included:
(a) the cost of freight of the non‑originating materials to the port or place of entry in the Party;
(b) the cost of insurance related to that freight.
(4) For the purposes of paragraph (2)(b), (c) or (d), in working out the value of particular non‑originating materials, the following may be deducted:
(a) the costs of freight, insurance, packing and other transport‑related costs incurred in transporting the non‑originating materials to the producer of the goods;
(b) duties, taxes and customs brokerage fees on the non‑originating materials that:
(i) have been paid in a Party; and
(ii) have not been waived or refunded; and
(iii) are not refundable or otherwise recoverable;
including any credit against duties or taxes that have been paid or that are payable;
(c) the costs of waste and spoilage resulting from the use of the non‑originating materials in the production of the goods, reduced by the value of renewable scrap or by‑products.
9 Value of packaging material and container
If paragraphs 153ZQF(1)(a) and (b) of the Act are satisfied in relation to goods and the goods must have a regional value content of not less than a particular percentage worked out in a particular way:
(a) the value of the packaging material or container in which the goods are packaged must be taken into account for the purposes of working out the regional value content of the goods under Part 3 of this instrument; and
(b) if that packaging material or container is an originating material—for the purposes of sections 6 and 8 of this instrument, that packaging material or container must be taken into account as an originating material used in the production of the goods; and
(c) if that packaging material or container is a non‑originating material—for the purposes of sections 7 and 8 of this instrument, that packaging material or container must be taken into account as a non‑originating material used in the production of the goods.
10 Value of accessories, spare parts, tools or instructional or other information materials
If paragraphs 153ZQG(1)(a), (b) and (c) of the Act are satisfied in relation to goods and the goods must have a regional value content of not less than a particular percentage worked out in a particular way:
(a) the value of the accessories, spare parts, tools or instructional or other information materials must be taken into account for the purposes of working out the regional value content of the goods under Part 3 of this instrument; and
(b) if the accessories, spare parts, tools or instructional or other information materials are originating materials—for the purposes of sections 6 and 8 of this instrument, those accessories, spare parts, tools or instructional or other information materials must be taken into account as originating materials used in the production of the goods; and
(c) if the accessories, spare parts, tools or instructional or other information materials are non‑originating materials—for the purposes of sections 7 and 8 of this instrument, those accessories, spare parts, tools or instructional or other information materials must be taken into account as non‑originating materials used in the production of the goods.
Part 5—Record keeping obligations
11 Exportation of goods to a Party—record keeping by exporter who is not the producer of the goods
(1) For the purposes of subsection 126AQB(1) of the Act, an exporter of goods mentioned in that subsection, who is not also the producer of the goods, must keep the following records:
(a) records of the purchase of the goods by the exporter;
(b) records of the purchase of the goods by the person to whom the goods are exported;
(c) evidence that payment has been made for the goods;
(d) evidence of the classification of the goods under the Harmonized System;
(e) if the goods include any accessories, spare parts, tools or instructional or other information materials that were purchased by the exporter:
(i) records of the purchase of the accessories, spare parts, tools or instructional or other information materials; and
(ii) evidence of the value of the accessories, spare parts, tools or instructional or other information materials;
(f) if the goods include any accessories, spare parts, tools or instructional or other information materials that were produced by the exporter:
(i) records of the purchase of all materials that were purchased for use or consumption in the production of the accessories, spare parts, tools or instructional or other information materials; and
(ii) evidence of the value of the materials so purchased; and
(iii) records of the production of the accessories, spare parts, tools or instructional or other information materials;
(g) if the goods are packaged for retail sale in packaging material or a container that was purchased by the exporter:
(i) records of the purchase of the packaging material or container; and
(ii) evidence of the value of the packaging material or container;
(h) if the goods are packaged for retail sale in packaging material or a container that was produced by the exporter:
(i) records of the purchase of all materials that were purchased for use or consumption in the production of the packaging material or container; and
(ii) evidence of the value of the materials so purchased; and
(iii) records of the production of the packaging material or container;
(i) a copy of the Proof of Origin for the goods.
(2) The records must be kept for at least 5 years starting on the date the Proof of Origin for the goods is issued.
(3) The exporter:
(a) may keep the records at any place (whether or not in Australia); and
(b) must ensure that:
(i) the records are kept in a form that would enable a determination of whether the goods are originating goods in accordance with Chapter 3 of the Agreement; and
(ii) if the records are not in English—the records are kept in a place and form that would enable an English translation to be readily made; and
(iii) if the records are kept by mechanical or electronic means—the records are readily convertible into a hard copy in English.
12 Exportation of goods to a Party—record keeping by the producer of the goods
(1) For the purposes of subsection 126AQB(1) of the Act, a producer of goods mentioned in that subsection, whether or not the producer is the exporter of the goods, must keep the following records:
(a) records of the purchase of the goods;
(b) if the producer is the exporter of the goods—evidence of the classification of the goods under the Harmonized System;
(c) evidence that payment has been made for the goods;
(d) evidence of the value of the goods;
(e) records of the purchase of all materials that were purchased for use or consumption in the production of the goods and evidence of the classification of the materials under the Harmonized System;
(f) evidence of the value of those materials;
(g) records of the production of the goods;
(h) if the goods include any accessories, spare parts, tools or instructional or other information materials that were purchased by the producer:
(i) records of the purchase of the accessories, spare parts, tools or instructional or other information materials; and
(ii) evidence of the value of the accessories, spare parts, tools or instructional or other information materials;
(i) if the goods include any accessories, spare parts, tools or instructional or other information materials that were produced by the producer:
(i) records of the purchase of all materials that were purchased for use or consumption in the production of the accessories, spare parts, tools or instructional or other information materials; and
(ii) evidence of the value of the materials so purchased; and
(iii) records of the production of the accessories, spare parts, tools or instructional or other information materials;
(j) if the goods are packaged for retail sale in packaging material or a container that was purchased by the producer:
(i) records of the purchase of the packaging material or container; and
(ii) evidence of the value of the packaging material or container;
(k) if the goods are packaged for retail sale in packaging material or a container that was produced by the producer:
(i) records of the purchase of all materials that were purchased for use or consumption in the production of the packaging material or container; and
(ii) evidence of the value of the materials so purchased; and
(iii) records of the production of the packaging material or container;
(l) a copy of the Proof of Origin for the goods.
(2) The records must be kept for at least 5 years starting on the date the Proof of Origin for the goods is issued.
(3) The producer:
(a) may keep the records at any place (whether or not in Australia); and
(b) must ensure that:
(i) the records are kept in a form that would enable a determination of whether the goods are originating goods in accordance with Chapter 3 of the Agreement; and
(ii) if the records are not in English—the records are kept in a place and form that would enable an English translation to be readily made; and
(iii) if the records are kept by mechanical or electronic means—the records are readily convertible into a hard copy in English.
