Customs and Excise (Rules of Origin for RCEP Goods) Amendment Regulations 2021

2021/404

Coat of Arms of New Zealand

Customs and Excise (Rules of Origin for RCEP Goods) Amendment Regulations 2021

Cindy Kiro, Governor-General

Order in Council

At Wellington this 29th day of November 2021

Present:
Her Excellency the Governor-General in Council

These regulations are made under sections 403(1), 407, and 412 of the Customs and Excise Act 2018—

(a)

on the advice and with the consent of the Executive Council; and

(b)

to the extent that these regulations, in accordance with section 407(1)(b) of the Customs and Excise Act 2018, prescribe goods that are treated as being the produce or manufacture of any country for the purposes of the Tariff Act 1988, on the recommendation of the Minister of Customs made after consultation with the Minister of Commerce and Consumer Affairs.

Regulations

1 Title

These regulations are the Customs and Excise (Rules of Origin for RCEP Goods) Amendment Regulations 2021.

2 Commencement

These regulations come into force on 1 January 2022.

3 Principal regulations

These regulations amend the Customs and Excise Regulations 1996.

4 New regulations 51ZZI and 51ZZJ and cross-heading inserted

After regulation 51ZZH, insert:

Provisions relating to RCEP parties

51ZZI Interpretation

In this regulation and regulation 51ZZJ, unless the context otherwise requires,—

RCEP means the Regional Comprehensive Economic Partnership done at Hanoi, Vietnam, on 15 November 2020

RCEP party means a country that is declared by Order in Council under section 7A(1)(bc) of the Tariff Act 1988 to be a specified RCEP party for the purposes of that Act.

51ZZJ Originating goods

Particular goods are treated for the purposes of the Act and the Tariff Act 1988 as being the produce or manufacture of an RCEP party if the goods meet all applicable requirements set out in the following provisions of the RCEP:

(a)

Chapter 3 (Rules of Origin); and

(b)

Annex 3A (Product-Specific Rules); and

(c)

Annex 3B (Minimum Information Requirements).

Michael Webster,
 Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations come into force on 1 January 2022, which is the date on which the Regional Comprehensive Economic Partnership (the RCEP) enters into force for New Zealand.

These regulations amend the Customs and Excise Regulations 1996 (the principal regulations) to prescribe rules of origin, including product-specific rules and other applicable requirements, for goods imported into New Zealand from countries that are RCEP parties.

The rules of origin in the RCEP are incorporated into the principal regulations by reference. At the time of the making of these regulations, the text of the RCEP is available at https://www.mfat.govt.nz/assets/Trade-agreements/RCEP/RCEP-Agreement-Legal-Text.pdf

Access to the provisions incorporated by reference is also facilitated by the chief executive of the New Zealand Customs Service in the other ways required by clause 2 of Schedule 2 of the Legislation Act 2019 (as applied by section 412(3) of the Customs and Excise Act 2018).

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 2 December 2021.

These regulations are administered by the New Zealand Customs Service.