(i) originating material means a material that qualifies as originating in accordance with this Chapter;
(j) producer means a person who engages in the production of a good; and
(k) production means methods of obtaining goods, including growing, raising, mining, harvesting, fishing, farming, trapping, hunting, capturing, gathering, collecting, breeding, extracting, manufacturing, processing or assembling a good.
Article 3.2. Originating Goods
Unless otherwise indicated in this Chapter, a good shall be considered as originating in a Party when:
(a) the good is wholly obtained or produced in the territory of a Party in accordance with Article 3.3;
(b) the good is produced entirely in the territory of one or both Parties, exclusively from originating materials; or
(c) the good is produced in the territory of one or both of the Parties, using non-originating materials, complies with the applicable product specific tule contained in Annex II (Product Specific Rules of Origin), and meets the other applicable provisions of this Chapter.
Article 3.3. Wholly Obtained Goods
For the purposes of Article 3.2(a), the following goods shall be considered as wholly obtained or produced in the territory of a Party:
(a) live animals born and raised in the territory of a Party;
(b) goods obtained from live animals referred to in subparagraph (a) in the territory of a Party;
(c) goods obtained directly from hunting, trapping, fishing, aquaculture, gathering, or capturing conducted in the territory of a Party;
(d) plants and plant products (1) harvested, picked or gathered in the territory of a Party;
(e) mineral and other naturally occurring substances, not included in paragraphs (a) to (d) above, extracted or taken in the territory of a Party;
(f) goods, other than fish, shellfish, plant and other marine life, extracted or taken from the waters, seabed or subsoil beneath the seabed outside the territory of that Party, provided that the Party has the right to exploit such waters, seabed or subsoil beneath the seabed in accordance with international law and the domestic law of the Party;
(g) goods (fish, shellfish, plant and other marine life) taken from the high seas by a vessel registered with a Party and flying its flag;
(h) goods obtained or produced from the goods referred to in subparagraph (g) on board factory ships registered with a Party and flying its flag;
(i) waste and scrap derived from:
(i) production in the territory of a Party; or
(ii) used goods collected in the territory of a Party; provided that such goods are fit only for the recovery of raw materials; and
(j) goods produced entirely in the territory of a Party exclusively from goods referred to in subparagraph (a) through (i).
Article 3.4. Change In Tariff Classification
A change in tariff classification requirement under Annex II (Product Specific Rules of Origin) requires that the non-originating materials used in the production of the goods undergo a change of tariff classification as a result of that production in the territory of one or both Parties.
Article 3.5. Regional Value Content
1, Where the Regional Value Content (RVC) is referred to in Annex I (Product Specific Rules of Origin), the RVC shall be calculated as follows:
RVC = V—VNM x 100
V
where:
"RVC" is the regional value content, expressed as a percentage;
"V" is the value of the good, as determined in accordance with the provisions of the Customs Valuation Agreement, adjusted on an FOB basis; and
"VNM" is the value of the non-originating materials, including materials of undetermined origin, as determined in accordance with paragraph 2.
2. The value of the non-originating materials shall be:
(a) the CIF value of imported materials, determined in accordance with the Customs Valuation Agreement; or
(b) the value determined in accordance with the Customs Valuation Agreement when the non-originating materials are acquired within the territory of that Party, not including freight, insurance, packing costs and any other costs incurred in transporting, within the Party's territory, the non-originating materials to the location of the producer.
3. For the purpose of calculating the regional value content of a good in accordance with paragraph 1, no account shall be taken of the non-originating materials used to produce originating materials that are subsequently used in the production of the good.
Article 3.6. Cumulation
Originating material from the territory of a Party used in the production of a good in the territory of the other Party shall be considered to originate in the territory of the other Party.
Article 3.7. De Minimis
1. A good that does not satisfy a change in tariff classification requirement in accordance with Annex II (Product Specific Rules of Origin) will nonetheless be an originating good if:
(a) the value of all non-originating materials used in the production of the good that does not undergo the required change in tariff classification does not exceed 10 percent of the value of the good as determined in accordance with Article 3.5; and
(b) the good meets all other applicable provisions of this Chapter.
2. The value of such non-originating materials shall, however, be included in the value of non-originating materials for any applicable regional value content requirement for the good.
Article 3.8. Accessories, Spare Parts and Tools
1. Accessories, spare parts or tools presented and classified with an originating good that form part of the standard accessories, spare parts, or tools for that good shall be treated as originating goods and shall be disregarded in determining whether all the non-originating materials used in the production of the good undergo the applicable change in tariff classification, provided that:
(a) the accessories, spare parts, or tools are classified and invoiced with the goods and are included in the price of the goods;
(b) the quantities and value of the accessories, spare parts, or tools are customary for the originating goods; and
(c) if the good is subject to a regional value content requirement, the value of the accessories, spare parts, or tools shall be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good.
2. Paragraph 1 does not apply where the accessories, spare parts or tools have been added solely for the purpose of artificially raising the regional value content of the goods.
Article 3.9. Fungible Materials
1. The determination of whether fungible materials are originating materials shall be made either by physical separation of each of the materials or by the use of an inventory management method recognised in the generally accepted accounting principles of the exporting Party.
2. Fungible materials means materials which are interchangeable for commercial purposes, whose properties are essentially identical, and between which it is impractical to differentiate by a mere visual examination.
Article 3.10. Packing, Packages and Containers
1. Containers and packing materials used for the transport of a good shall not be taken into account in determining the origin of the good.
2. Where a good is subject to a change in tariff classification requirement in Annex II (Product Specific Rules of Origin), the origin of the packaging materials and containers in which the good is packaged for retail sale shall be disregarded in determining the origin of the good, provided that the packaging materials and containers are classified with the good.
3. Where a good is subject to a regional value content requirement, the value of the packaging materials and containers used for retail sale shall be taken into account as originating materials or non-originating materials, as the case may be, when determining the origin of the good.
Article 3.11. Neutral Elements
1. In determining whether a good is an originating good, any neutral elements as defined in paragraph 2 shall be treated as originating.
2. Neutral element means a good used in the production of another good but not physically incorporated into that other good, or a good used in the operation of equipment associated with the production of another good, including:
(a) fuel and energy;
(b) tools, dies, and moulds;
(c) spare parts and materials used in the maintenance of equipment and buildings;
(d) lubricants, greases, compounding materials, and other materials used in production or used to operate equipment and buildings;
(e) gloves, glasses, footwear, clothing, safety equipment, and supplies;
(f) equipment, devices, and supplies used for testing or inspecting the goods;
(g) catalysts and solvents; and
(h) — any other goods that are not incorporated into the good but whose use in the production of the good can reasonably be demonstrated to be a part of that production.
Article 3.12. Minimal Operations or Processes
1. A good shall not be considered to be originating only by reason of having undergone one or more of the following operations or processes:
(a) operations or processes to ensure preservation of goods in good condition for the purposes of transport or storage;
(b) packaging and repackaging;
(c) sifting, screening, sorting, classifying, grading, matching (including the making-up of sets of articles);
(d) placing in bottles, cans, flasks, bags, cases or boxes, fixing on cards or boards, and other simple packaging operations;
(e) affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging; or
(f) disassembly of goods.
2. Paragraph 1 shall prevail over the product specific rules set out in Annex II (Product Specific Rules of Origin).
Article 3. Direct Consignment
1. An originating good shall retain its originating status provided that the good is directly transported to the importing Party without passing through the territory of a non-patty.
2. Notwithstanding paragraph 1, an originating good transported through one or more non-parties, with or without trans-shipment or temporary storage in such non- parties, shall retain its originating status, provided that:
(a) the good remains under customs control in those non-parties;
(b) the good does not undergo any operation there other than unloading and reloading, repacking, re-labelling for the purpose of satisfying the requirements of the importing Party, temporary storage or any operation required to keep them in good condition; and
(c) in cases where the good is temporarily stored in the territory of a non- party, as provided in paragraph 2 of this Article, stay of the good in that non-party shall not exceed 12 months from the date of its entry.
3. Consignments of originating goods may be split up in non-parties for further transport, subject to the fulfilment of the conditions listed in paragraph 2.
4. The customs administration of the importing Party may require the importer to submit documentary evidence to confirm compliance with the conditions listed in paragraph 2.
Section B. Implementation Procedures
Article 3.14. Certificate of Origin
1. For the purposes of obtaining preferential tariff treatment in the other Party, a Certificate of Origin shall be issued by an authorised body of the exporting Party.
2. Each Party shall inform the customs administration of the other Party of the names and addresses of the authorised bodies issuing the Certificates of Origin and shall provide specimen impressions of official seals used by such authorised bodies. Any change in names, addresses or official seals shall be promptly notified to the customs administration of the other Party.
3. A Certificate of Origin shall be issued before or at the time of exportation when the goods have been determined to be originating in the exporting Party in accordance with the provisions of this Chapter. The exporter or producer shall submit an application for the Certificate of Origin together with appropriate supporting documents proving that the goods qualify as originating.
4. The Certificate of Origin, based on the template in Annex 3-A, shall be completed in the English language and shall be duly signed and stamped. A Certificate of Origin shall be applicable to one or more goods under one consignment unless the Parties otherwise agree and shall remain valid for 12 months from the date of issue.
5. Notwithstanding paragraph 3, in exceptional cases where a Certificate of Origin has not been issued before or at the time of exportation due to force majeure, or involuntary errors, omissions or other valid reasons, a Certificate of Origin may be issued within 12 months from the date of shipment, bearing the remark "ISSUED RETROSPECTIVELY", and remain valid for 12 months from the date of shipment.
6. In cases of theft, loss or accidental destruction of a Certificate of Origin, the exporter or producer may, within the term of validity of the original Certificate of Origin, make a written request to the authorised body that issued the original certificate for a certified copy, provided that the original Certificate of Origin had not been used. The certified copy shall bear the words "CERTIFIED TRUE COPY of the original Certificate of Origin number __ dated __". The certified copy shall have the same term of validity as the original Certificate of Origin.
Article 3.15. Declaration of Origin
1. A Declaration of Origin shall be accepted in place of a Certificate of Origin for any consignment of goods covered by an advance ruling issued by the importing Party in accordance with Article 4.9 (Advance Rulings) of Chapter 4 (Customs Procedures and Trade Facilitation) that deems the good to qualify as originating, so long as the facts and circumstances on which the ruling was based remain unchanged and the ruling remains valid.
2. A Declaration of Origin shall be completed in the English language and duly signed by the exporter or producer in a format based on the template in Annex 3-B. The Declaration shall cover the goods presented under a single import customs declaration and shall remain valid for 12 months from the date of issue.
Article 3.16. Claims for Preferential Tariff Treatment
1. Except as otherwise provided in Article 3.22, each Party shall grant preferential tariff treatment to a good that qualifies as an originating good of the exporting Party provided that the importer:
(a) makes a claim for preferential tariff treatment, either by written or electronic means before or at the time of importation, or otherwise in accordance with the importing Party's laws and regulations, on the grounds that the good qualifies as an originating good;
(b) possesses a valid Certificate or Declaration of Origin for the imported good;
(c) submits, if required by the importing customs administration, the original or copy of the Certificate or Declaration of Origin and such other documentation relating to the importation of the good; and
(d) submits, if required by the importing customs administration, evidence to prove that the consignment criteria specified in Article 3.13 have been met.
2. Where a Certificate or Declaration of Origin is not provided at the time of importation of a good, the importing customs administration may impose the non- preferential import customs duty or payment of a deposit equivalent to the non- preferential duty on that good. In such a case the importer may apply for a refund of any excess import customs duty or deposit paid within one year from the date of importation, or any longer period if provided for by the importing Party in its laws and regulations, provided that the requirements in paragraph 1 are fulfilled.
Article 3.17. Minor Errors or Discrepancies
Where the origin of an imported good is not in doubt, minor transcription errors in a Certificate of Origin or discrepancies in documentation, or the absence of overleaf instructions in a Certificate of Origin, will not of themselves render the Certificate of Origin invalid if it does in fact correspond to the good. However, this does not prevent the customs administration of the importing Party from initiating a verification process in accordance with Article 3.21.
Article 3.18. Waiver of Certificate of Origin or Declaration of Origin
1. For the purpose of granting preferential tariff treatment under this Chapter, a Party shall waive the requirements for the presentation of a Certificate of Origin or Declaration of Origin and grant preferential tariff treatment to:
(a) any consignment of originating goods of a customs value not exceeding 1,000 Australian dollars for Australia or 6,000 RMB for China, or such higher amount as each Party may establish; or
(b) other originating goods as provided under its laws and regulations.
2. Waivers provided for in paragraph 1 shall not be applicable when it is established by the customs administration of the importing Party that the importation forms part of a series of importations that may reasonably be considered to have been undertaken or arranged for the purpose of avoiding the submission of a Certificate of Origin or Declaration of Origin.
Article 3.19. Amendments to Certificates or Declarations of Origin
1. Neither erasures nor superimpositions shall be permitted on any Certificate or Declaration of Origin. Any amendment to a Certificate of Origin or Declaration of Origin shall be made by striking out the erroneous information and making any addition which might be required. Any such alterations shall be endorsed by the person who made them and, for a Certificate of Origin, certified by the authorised body which issued the Certificate of Origin.
2. Any empty space on a Certificate of Origin or Declaration of Origin shall be crossed out or otherwise marked to prevent subsequent additions.
Article 3.20. Retention of Origin Documents
1. Each Party shall require its producers, exporters, and importers to retain the Certificate of Origin, Declaration of Origin and any other documentary evidence sufficient to substantiate the origin of the goods as defined in this Chapter for 3 years or such longer period in accordance with that Party's laws and regulations.
2. Each Party shall ensure that its authorised bodies retain copies of Certificates of Origin and any other documentary evidence sufficient to substantiate the origin of the goods.
Article 3.21. Verification of Origin
1. For the purposes of determining whether goods imported into the territory of a Party from the territory of the other Party qualify as originating goods, the importing customs administration may conduct a verification process in sequence by means of:
(a) requesting the assistance of the customs administration of the exporting Party;
(b) written requests for information from the exporter or producer in the territory of the exporting Party;
(c) written requests to the authorised body of the exporting Party that issued the Certificate of Origin to verify the validity of the Certificate; or
(d) such other procedures as the customs administrations of the Parties may jointly decide.
2. A verification action under paragraph 1 shall only be initiated when there are reasonable grounds to doubt the accuracy or authenticity of a Certificate of Origin or Declaration of Origin, the origin status of the goods concerned or the fulfilment of any other requirements under this Chapter.
3. In taking verification action pursuant to paragraph l(a), the customs administration of the importing Party shall:
(a) specify the reasons for the verification action and provide any relevant documents and information obtained to the customs administration of the exporting Party;
(b) limit such requests using a risk management approach; and
(c) endeavour to complete any verification action within six months of the commencement of such action and promptly provide written advice of its decision to all relevant parties.
4. In taking verification action pursuant to paragraph l(a), the customs administration of the exporting Party shall:
(a) subject to paragraph 4(b), respond promptly to the request and reply not later than three months after its receipt; and
(b) endeavour to provide assistance to the extent permitted by its laws, regulations and policies, but may nevertheless deny or limit assistance on the basis of resource availability.
5. If all verification actions under paragraph 1 have been exhausted and have failed to resolve the concern of the customs administration of the importing Party, a verification visit may be conducted of the premises of the exporter or producer with the prior consent and assistance of the customs administration of the exporting Party, according to procedures jointly decided by the customs administrations of the Parties.
6. This Article shall not affect the rights of customs administrations of the Parties to undertake verification or compliance activities within their territories in accordance with their laws and regulations.
Article 3.22. Denial of Preferential Tariff Treatment
1. A Party may deny preferential tariff treatment to a good where:
(a) the importer fails to make a claim for preferential tariff treatment before or at the time of importation in accordance with the importing Party's laws and regulations;
(b) the name of the relevant authorised body or the specimen impressions of official seals used by such authorised body, or advice of any change in the above information, have not been provided to the customs administration of the importing Party;
(c) action taken under Article 3.21 failed to verify the eligibility of the good for preferential tariff treatment, including where:
(i) the customs administration of the exporting Party is unable for any reason to respond to the request to the satisfaction of the customs administration of the importing Party; or
(ii) the exporter or producer, as appropriate, fails to provide information which the importing Party has requested within three months of the date of request.
(d) notwithstanding Article 3.18.1, an importation forms part of a series of importations that may reasonably be considered to have been undertaken or arranged for the purposes of circumventing the requirements of this Chapter; or
(e) the good does not or did not comply with the other requirements of this Chapter, including where:
(i) the Certificate or Declaration of Origin has not been duly completed and signed;
(i) the good does not qualify as an originating good; or
(iii) the data provided under the Certificate or Declaration of Origin does not correspond to those of the supporting documents submitted.
2. In the event that preferential tariff treatment is denied, the customs administration of the importing Party shall provide to the exporter, importer or producer, as the case may be, the reasons for that decision in writing.
Article 3.23. Goods Transported En Route after Exportation
1. The customs administration of the importing Party shall grant preferential treatment for an originating good of the exporting Party which is in the process of being transported from the exporting Party to the importing Party on the date of entry into force of this Agreement.
2. The importer shall make a claim for preferential tariff treatment under paragraph 1 within six months from the date of entry into force of this Agreement and comply with the requirements of Article 3.16.
Article 3.24. Review
The Parties shall commence a joint review of origin documentary requirements within 3 years following entry into force of this Agreement. The review will consider the development of an electronic origin data exchange system to ensure the effective and efficient implementation of this Chapter, as well as the introduction of additional trade facilitative measures including broadening the use of Declarations of Origin.