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Appendix 9 - Rules of Origin, ASEAN–Australia–New Zealand Free Trade Agreement

Published online by Cambridge University Press:  05 March 2015

Stefano Inama
Affiliation:
UNCTAD, Geneva, Switzerland
Edmund W. Sim
Affiliation:
Appleton Luff, Singapore
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Summary

Chapter 3 Rules of Origin

Article 1 Definitions

For the purposes of this Chapter:

  1. aquaculture means the farming of aquatic organisms including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, from seedstock such as eggs, fry, fingerlings and larvae, by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding, or protection from predators;

  2. back-to-back Certificate of Origin means a Certificate of Origin issued by an intermediate exporting Party's Issuing Authority/Body based on the Certificate of Origin issued by the first exporting Party;

  3. CIF means the value of the good imported and includes the cost of freight and insurance up to the port or place of entry into the country of importation. The valuation shall be made in accordance with Article VII of GATT 1994 and the Agreement on Customs Valuation;

  4. FOB means the free-on-board value of the good, inclusive of the cost of transport to the port or site of final shipment abroad. The valuation shall be made in accordance with Article VII of GATT 1994 and the Agreement on Customs Valuation;

  5. generally accepted accounting principles means the recognised consensus or substantial authoritative support in a Party, with respect to the recording of revenues, expenses, costs, assets and liabilities; the disclosure of information; and the preparation of financial statements. These standards may encompass broad guidelines of general application as well as detailed standards, practices and procedures;

  6. good means any merchandise, product, article or material;

  7. identical and interchangeable materials means materials that are fungible as a result of being of the same kind and commercial quality, possessing the same technical and physical characteristics, and which once they are incorporated into the finished product cannot be distinguished from one another for origin purposes by virtue of any markings or mere visual examination;

  8. indirect material means a good used in the production, testing, or inspection of a good but not physically incorporated into the good, or a good used in the maintenance of buildings or the operation of equipment associated with the production of a good, including:

  9. material means any matter or substance used or consumed in the production of goods or physically incorporated into a good or subjected to a process in the production of another good;

  10. non-originating good or non-originating material means a good or material that does not qualify as originating under this Chapter;

  11. originating material means a material that qualifies as originating under this Chapter;

  12. producer means a person who grows, mines, raises, harvests, fishes, traps, hunts, farms, captures, gathers, collects, breeds, extracts, manufactures, processes or assembles a good;

  13. production means methods of obtaining goods including growing, mining, harvesting, farming, raising, breeding, extracting, gathering, collecting, capturing, fishing, trapping, hunting, manufacturing, producing, processing or assembling a good;

  14. Product Specific Rules are rules in Annex 2 (Product Specific Rules) that specify that the materials used to produce a good have undergone a change in tariff classification or a specific manufacturing or processing operation, or satisfy a regional value content criterion or a combination of any of these criteria; and

  15. packing materials and containers for transportation means goods used to protect a good during its transportation, different from those containers or materials used for its retail sale.

Type
Chapter
Information
Rules of Origin in ASEAN
A Way Forward
, pp. 224 - 256
Publisher: Cambridge University Press
Print publication year: 2015

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