“adjusted value, in relation to any goods, means the value of the goods determined in accordance with Schedule 2 of the Act”.

“ANZCERTA means the Australia New Zealand Closer Economic Relations Trade Agreement done at Canberra on 28 March 1983”.

• “(2) The classes of goods are—

  • “(a) goods that are wholly obtained in the territory of either or both parties:

  • “(b) goods that are entirely produced in the territory of either or both parties exclusively from originating materials:

  • “(c) goods that are entirely produced in the territory of either or both parties and meet the requirements specified in Schedule 7 (which imposes change in tariff classifications and, in some cases, regional value content requirements for goods produced from non-originating materials):

  • “(d) goods that are wholly manufactured in the territory of either or both parties from 1 or more of the following:

    • “(i) unmanufactured raw products:

    • “(ii) materials wholly manufactured in the territory of either or both parties:

    • “(iii) materials that have been imported (from a place outside the territories of the parties), and that the Chief Executive has determined, for the purposes of Article 3(1)(c)(ii)(III) of ANZCERTA, to be manufactured raw materials:

  • “(e) goods imported from Australia before 1 January 2012 that meet the following conditions:

    • “(i) the last process in the manufacture of the goods was performed in Australia; and

    • “(ii) the regional value content of the goods is not less than 50% based on the factory cost method:

  • “(f) goods that are taken to be originating goods under any of regulations 34 to 39C.”

• “(1) In any case where Schedule 7 requires the regional value content of specified goods to be calculated by the build-down method, the value of that content is calculated as follows:

  

  where—

  • RVC is the regional value content, expressed as a percentage

  • AV is the adjusted value

  • VNM is the value of non-originating materials (not including materials that are self-produced) that are acquired and used or consumed by the producer in the production of the goods.

• “(2) In any case where Schedule 7 requires the regional value content of specified goods to be calculated by the build-up method, the value of that content is calculated as follows:

  

  where—

  • RVC is the regional value content, expressed as a percentage

  • AV is the adjusted value

  • VOM is the value of originating materials that are acquired or self-produced, and used or consumed by the producer in the production of the goods.

• “(a) for materials that the producer of the goods imports—

  • “(i) into Australia, the value of the materials as calculated under the Customs Act 1901 (Australia):

  • “(ii) into New Zealand, the adjusted value of the materials:”.

“39G Decision on origin

• “(1) If the Chief Executive is satisfied, under regulation 39D or 39F, that goods are originating goods, the Chief Executive must grant the claim for preferential treatment for the goods.

  “(2) Preferential treatment may be denied if the importer fails to comply with a requirement imposed by or under these regulations.

  “(3) If preferential treatment is denied, the Customs must give a written explanation for the decision to the person who made the claim for preferential treatment.”