Customs and Excise Regulations 1996

Provisions relating to Trans-Pacific Strategic Economic Partnership Agreement countries

Heading: inserted, on 1 May 2006, by regulation 4 of the Customs and Excise (Rules of Origin for Trans-Pacific Strategic Economic Partnership Agreement Goods) Amendment Regulations 2006 (SR 2006/103).

51N Interpretation

In regulations 51N to 51Y, unless the context otherwise requires,—

aquaculture means the farming of aquatic plants and aquatic organisms, including crustaceans, fish, molluscs, and other aquatic invertebrates,—

(a)

from seedstock, including eggs, fingerlings, fry, and larvae; or

(b)

by intervention in the growth or rearing processes to enhance production, including feeding, protection from predators, or regular stocking

CIF means the value (determined in accordance with Schedule 4 of the Act) of goods imported, and includes the cost of freight and insurance up to the port or place of entry into the country of importation

FOB means the free on board value (determined in accordance with Schedule 4 of the Act) of goods, independent of the means of transportation, at the port or site of final shipment abroad

indirect material means goods used—

(a)

in the inspection, production, or testing of other goods but which are not physically incorporated into the goods; or

(b)

in the maintenance of buildings or in the operation of equipment associated with the production of other goods, including—

(i)

catalysts, energy, fuel, and solvents:

(ii)

devices, equipment, and supplies used for inspecting or testing the goods:

(iii)

clothing, footwear, glasses, gloves, safety equipment, and supplies:

(iv)

dies, moulds, and tools:

(v)

spare parts and materials used in the maintenance of equipment and buildings:

(vi)

compounding materials, greases, lubricants, and other materials used in production or used to operate buildings and equipment:

(vii)

any other goods that are not incorporated into the goods but whose use in the production of the goods can reasonably be demonstrated to be a part of that production

material means any goods, matter, or substance used or consumed in the production of goods or the transformation of other goods

minimal operations or processes means operations or processes—

(a)

that by reason of their minimal contribution to the essential characteristics or properties of goods do not by themselves, or in combination, confer origin on the goods; and

(b)

that include, without limitation, the following:

(i)

operations to ensure the preservation of products in good condition during transport and storage (for example, chilling, drying, freezing, ventilation, and like operations):

(ii)

operations that consist of bending, classifying, coiling, cutting, sifting, slitting, uncoiling, or washing:

(iii)

changes to the packing, breaking up, or assembly of consignments:

(iv)

packing, repacking, or unpacking:

(v)

affixing labels, marks, or other distinguishing signs on products or packaging:

(vi)

mere dilution with water or any other substance that does not materially alter the characteristic of goods

non-originating goods or non-originating materials means goods or materials that do not qualify as originating under regulations 51N to 51Y

packaging materials and containers for shipment means items used to protect goods during their transport, other than a container or packaging used for retail sale of the goods

party or parties means any 1 or more of the following State signatories to the Trans-Pacific Strategic Economic Partnership Agreement:

(a)

Brunei Darussalam, if Brunei Darussalam is, under the Tariff Act 1988, declared to be a specified TPA party:

(b)

Chile, if Chile is, under the Tariff Act 1988, declared to be a specified TPA party:

(c)

New Zealand:

(d)

Singapore

preferential tariff treatment means the customs duty rate that is applicable to goods originating in the territory of a party in accordance with the Tariff Act 1988

producer means a person who assembles, breeds, captures, collects, disassembles, extracts, fishes, gathers, grows, harvests, hunts, manufactures, mines, processes, or raises goods

production means methods of obtaining goods; including, but not limited to, aquaculture, assembling, breeding, capturing, collecting, disassembling, extracting, farming, fishing, gathering, growing, harvesting, hunting, manufacturing, mining, processing, raising, or trapping goods

recovered goods means materials that are in individual parts as a result of—

(a)

the complete disassembly of used goods into individual parts; and

(b)

the cleaning, inspecting, testing, or other processing of those parts; and

(c)

1 or more of the following processes required for the improvement of the parts to sound working condition in order to assemble them with other parts (including other recovered parts in the production of remanufactured goods as listed in Schedule 4):

(i)

flame spraying:

(ii)

knurling:

(iii)

plating:

(iv)

sleeving:

(v)

surface machining:

(vi)

rewinding:

(vii)

welding

remanufactured goods, as listed in Schedule 4, means industrial goods that have been assembled in the territory of a party and—

(a)

are entirely or partially composed of recovered goods; and

(b)

have the same life expectancy and meet the same performance standards as new goods; and

(c)

enjoy the same factory warranty as new goods

territory means,—

(a)

in relation to Brunei Darussalam,—

(i)

the territory of Brunei Darussalam; and

(ii)

the maritime areas adjacent to the coast of Brunei Darussalam to the extent to which Brunei Darussalam may exercise sovereign rights or jurisdiction in accordance with international law and its domestic law:

(b)

in relation to Chile,—

(i)

the land, maritime area, and air space under the sovereignty of Chile; and

(ii)

the exclusive economic zone and the continental shelf within which Chile exercises sovereign rights and jurisdiction in accordance with international law and its domestic law:

(c)

in relation to New Zealand,—

(i)

the territory of New Zealand; and

(ii)

the exclusive economic zone, seabed, and subsoil over which it exercises sovereign rights with respect to natural resources in accordance with international law (not including Tokelau):

(d)

in relation to Singapore,—

(i)

the land, internal waters, and territorial sea of Singapore; and

(ii)

any maritime area situated beyond the territorial sea that has been, or may in future be, designated under Singapore’s domestic law, in accordance with international law, as an area that Singapore may exercise sovereign rights or jurisdiction over in relation to the sea, seabed, subsoil, and natural resources

transaction value means the price paid or payable for goods determined in accordance with Part 1 of Schedule 4 of the Act

used, in relation to goods or materials, means used or consumed in the production of goods

value means the value determined in accordance with Schedule 4 of the Act

wholly obtained goods means goods originating in the territory of a party that are—

(a)

mineral goods extracted from the seabed or soil in the territory of a party:

(b)

agricultural goods gathered, grown, harvested, or picked in the territory of a party:

(c)

live animals born and raised in the territory of a party:

(d)

goods obtained from live animals in the territory of a party:

(e)

goods obtained directly in the territory of a party from aquaculture or by capturing, farming, fishing, gathering, hunting, or trapping:

(f)

goods (being fish, plants, shellfish, and other marine life) taken from—

(i)

within the territorial sea or the relevant maritime zone of a party seaward of the territorial sea under that party’s applicable laws in accordance with the United Nations Convention on the Law of the Sea 1982 by a vessel flying, or entitled to fly, the flag of that party; or

(ii)

the high seas by a vessel that is—

(A)

registered or recorded with the party; and

(B)

flying the flag of the party:

(g)

goods obtained or produced, exclusively from goods referred to in paragraph (f), on factory ships that are—

(i)

registered or recorded with the party; and

(ii)

flying the flag of the party:

(h)

goods taken by a party, or a person of the party, from the seabed or subsoil beneath the seabed of the territorial sea or the continental shelf of the party, in accordance with the United Nations Convention on the Law of the Sea 1982:

(i)

waste and scrap derived from the production of goods in the territory of a party, or used goods collected in the territory of a party, if those goods are fit only for the recovery of raw materials:

(j)

recovered goods derived in the territory of a party from used goods and utilised in the territory of the party in the production of remanufactured goods:

(k)

produced entirely in the territory of a party exclusively from goods referred to in paragraphs (a) to (j), or from their derivatives at any stage of production.

Regulation 51N: inserted, on 1 May 2006, by regulation 4 of the Customs and Excise (Rules of Origin for Trans-Pacific Strategic Economic Partnership Agreement Goods) Amendment Regulations 2006 (SR 2006/103).

Regulation 51N CIF: amended, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).

Regulation 51N FOB: amended, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).

Regulation 51N transaction value: amended, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).

Regulation 51N value: amended, on 1 October 2018, by section 443(4) of the Customs and Excise Act 2018 (2018 No 4).