Field 5: Provide a full description of each good. The description should be sufficient to relate it to the invoice description and to the Harmonized System (HS) description of the good. If the Certificate of Origin covers a single shipment of a good, include the invoice number as shown on the commercial invoice.
Field 6: For each good described in Field 5, state which criterion (A to D) is applicable. The rules of origin are contained in Chapter 4 and Annex 4-C of the Agreement. NOTE: Indicate at least one of the preference criteria below.
Preference Criteria:
A The good is a wholly obtained good of a Party.
B The good is produced entirely in the territory of the Party exclusively from originating material.
C Satisfies all applicable requirements of Annex 4-C (Rules of Origin Schedule), as a result of processes performed entirely in the territory of one or both of the Parties by one or more producers.
D Otherwise qualifies as an originating good under the Rules of Origin Chapter.
Field 7: For each good described in Field 5 identify the HS tariff classification to 6 digits.
Field 8: Remarks. For example, if a good is invoiced by a non-Party operator, indicate "Invoice by a non-Party".
Field 9: This field must be completed, signed and dated by the exporter. The date must be the date the Certificate of Origin was completed and signed. Title refers to the title or position within the company of the person who completes and signs the certificate of origin.
Annex 4-C. Rules of origin schedule
Headnotes to the Schedule
1. The following definitions apply:
(a) Subheading means the first six digits in the tariff classification number under the Harmonized System;
(b) Heading means the first four digits in the tariff classification number under the Harmonized System; and
(c) Chapter means the first two digits in the tariff classification number under the Harmonized System.
2. The specific rule, or specific set of rules, that applies to a particular heading (4-digit code) or subheading (6-digit code) is set out immediately adjacent to the heading or subheading.
3. A requirement of a change in tariff classification applies only to non- originating materials.
4. When a heading or subheading is subject to alternative specific rules of origin, the rule will be considered to be met if a good satisfies one of the alternatives.
5. Where a specific rule of origin is defined using the criterion of a change in tariff classification, and the rule is written to exclude tariff provisions at the level of a chapter, heading or subheading of the Harmonized System, each Party shall construe the rule of origin to require that materials classified in those excluded provisions be originating for the good to qualify as originating.
6. Chapter notes within this Schedule apply to all headings or subheadings within the indicated chapter or group of chapters unless there exists a specific exclusion.
Chapter 5. Customs Administration
Article 5.1. Definitions
For the purposes of this Chapter:
(a) customs law means such laws and regulations administered and enforced by the Customs Administration of each Party concerning the importation, exportation, and transit/transhipment of goods, as they relate to customs duties, charges, and other taxes, or to prohibitions, restrictions, and other similar controls with respect to the movement of controlled items across the boundary of the customs territory of each Party; and
(b) customs procedures means the treatment applied by the Customs Administration of each Party to goods which are subject to customs control.
Article 5.2. Scope and Coverage
This Chapter applies to customs procedures applied to goods traded between the Parties.
Article 5.3. Publication and Enquiry Points
1. Each Party shall publish on the Internet its laws, regulations and administrative procedures applicable to or enforceable by its Customs Administration.
2. Each Party shall designate one or more inquiry points to address inquiries from interested persons concerning customs matters, and shall make available on the Internet information concerning procedures for making such inquiries.
3. Each Party shall endeavour to provide interested persons and the other Party with advance notice of any proposed customs laws and practices that are likely to substantially affect the operation of the Agreement.
Article 5.4. Review and Appeal
1. Each Party shall ensure that with respect to its determinations on customs matters, importers in its territory have access to:
(a) administrative review independent of the official that issued the determination; and
(b) judicial review of the determination or decision taken at the final level of administrative review.
2. Notice of the decision on appeal shall be given to the appellant and the reasons for such decision shall be provided in writing.
Article 5.5. Penalties / Sanctions
Each Party shall maintain measures for the imposition of civil or administrative penalties or sanctions, and, where appropriate, criminal sanctions for violations of its customs laws.
Article 5.6. Customs Procedures and Facilitation
1. Each Party shall ensure that its customs procedures conform, where possible and to the extent permitted by its respective laws, regulations and practices, to international standards and recommended practices established by the World Customs Organization.
2. Each Party shall ensure that its customs procedures and practices:
(a) are administered in an impartial, uniform and reasonable manner; and
(b) avoid arbitrary and unwarranted procedural obstacles. 3. The Customs Administration of each Party shall periodically review its customs procedures with a view to exploring options for their simplification and the enhancement of mutually beneficial arrangements to facilitate international trade.
4. Each Party shall ensure goods are released within a time period no longer than that required to ensure compliance with its customs laws.
5. A Party may, so long as other customs requirements have been met, and to the extent possible:
(a) release goods at the point of arrival, without temporary transfer to warehouses or other locations; or
(b) release goods prior to, and without prejudice to, the final determination by its Customs Administration of the applicable customs duties, taxes and fees.
Article 5.7. Risk Management
1. Each Party shall administer its customs procedures so as to facilitate the clearance of low-risk goods and focus on high-risk goods. To the extent possible, systems that allow for information regarding an importation to be processed in advance of arrival are to be used to clear goods.
2. Each Party shall work to further enhance the use of risk management techniques in the administration of its customs procedures.
Article 5.8. Cooperation
1. Each Party's Customs Administration shall endeavor to provide the Customs Administration of the other Party with advance notice of any significant modification of administrative policy regarding the implementation of its customs laws and practices that are likely to substantially affect the operation of this Agreement.
2. To the extent permitted by their domestic laws, rules and regulations, the Customs Administrations of both Parties shall endeavour to provide each other with:
(a) information to assist in the investigation and prevention of infringements of customs and customs related laws and regulations; and
(b) any other customs matters agreed by the Parties.
Article 5.9. Confidentiality
1. Each Party's Customs Administration undertakes not to use any information received in accordance with this Chapter or Chapter 4 (Rules of Origin) other than for the purpose for which the information was given, or to disclose any such information, except in cases where:
(a) the Customs Administration that furnished the information has expressly approved its use or disclosure for other purposes related to this Chapter or Chapter 4 (Rules of Origin); or
(b) the national law of the receiving Customs Administration requires disclosure, in which case the receiving Customs Administration shall notify the Customs Administration that furnished the information of the relevant law.
2. Any information received in accordance with this Chapter or Chapter 4 (Rules of Origin) shall be treated as confidential and will be subject to the same protection and confidentiality as the same kind of information is subject to under the national law of the Customs Administration where it is received.
3. Nothing in this Chapter or Chapter 4 (Rules of Origin) shall be construed to require a Party to furnish or allow access to information the disclosure of which would:
(a) be contrary to the public interest as determined by its laws, rules or regulation;
(b) be contrary to any of its laws, rules and regulations including but not limited to those protecting personal privacy or the financial affairs and accounts of individuals; or
(c) impede law enforcement.
Article 5.10. Advance Rulings
1. Each Party, where possible and to the extent permitted by its domestic laws, regulations and practices, shall provide for written advance rulings to be issued to a person described in subparagraph 2(a) concerning tariff classification, valuation and the qualification of a good as an originating good under this Agreement.
2. Each Party shall adopt or maintain procedures for issuing written advance rulings which shall:
(a) provide that an importer in its territory or an exporter or producer in the territory of the other Party may apply for an advance ruling before the importation of the goods concerned;
(b) include a detailed description of the information required to process a request for an advance ruling;
(c) allow its Customs Administration, at any time during the course of an evaluation of an application for an advance ruling, to request that the applicant provide additional information necessary to evaluate the request;
(d) ensure that an advance ruling be based on the facts and circumstances presented by the applicant and any other relevant information in the possession of the decision-maker;
(e) provide that an advance ruling be issued to the applicant expeditiously, or in any case within 30 working days of the receipt of all necessary information; and
(f) provide a written explanation for the reasons for the advance ruling.
3. Subject to paragraph 4, each Party shall apply an advance ruling to importations into its territory beginning on the date it issues the ruling or on any other date specified in the ruling. The Party shall ensure the same treatment of all importations regardless of the importer, exporter or producer involved, where the facts and circumstances are identical in all material respects.
4. A Party may modify or revoke an advance ruling where, consistent with this Agreement:
(a) there is a change in the law;
(b) incorrect information was provided or relevant information was withheld;
(c) there is a change in a material fact; or
(d) there is a change in the circumstances on which the ruling was based.
Article 5.11. Paperless Trading
1. The Customs Administration of each Party, in implementing initiatives which provide for the use of paperless trading, shall take into account the methods agreed by the World Customs Organization, including adoption of the World Customs Organization data model for the simplification and harmonisation of data.
2. The Customs Administration of each Party shall work towards having electronic means for all its customs reporting requirements, as soon as practicable.
3. The introduction and enhancement of information technology shall, to the greatest extent possible, be carried out in consultation with all relevant parties including businesses directly affected. Article 5.12: Fees and Charges
For greater certainty, the Parties confirm that Article 3.10 (Administrative Fees and Formalities - National Treatment and Market Access for Goods Chapter) applies to customs fees and charges.
Chapter 6. Sanitary and Phytosanitary Measures
Article 6.1. Definitions
For the purposes of this Chapter:
sanitary and phytosanitary (SPS) measures means any measure referred to in Annex A, paragraph 1 of the SPS Agreement.
Article 6.2. Objectives
The objectives of this Chapter are to:
(a) facilitate bilateral trade in food, plants and animals, including their products, while protecting human, animal or plant life or health in the territory of each Party;
(b) deepen mutual understanding of each Party's regulations and procedures relating to and consultations on and implementation of SPS measures; and
(c) strengthen cooperation between Australian and Chilean government agencies with responsibility for matters covered by this Chapter.
Article 6.3. Scope and Coverage
1. This Chapter applies to all SPS measures of a Party that may, directly or indirectly, affect trade between the Parties.
2. Neither Party may have recourse to dispute settlement under this Agreement for any matter arising under this Chapter.
Article 6.4. General Provisions
1. The Parties affirm their rights and obligations under the SPS Agreement.
2. The Parties shall cooperate on priority proposals for technical assistance and capacity building to enhance the capability on SPS related aspects to further the achievement of the objectives of this Chapter.
3. The Parties shall cooperate in relevant international bodies engaged in work on SPS related issues, including the WTO SPS Committee, the various Codex
Committees (including the Codex Alimentarius Commission), the International Plant Protection Convention, the World Organisation for Animal Health (OIE) and other international and regional fora on food safety and human, animal and plant life or health.
Article 6.5. Consultations on and Implementation of Sanitary and Phytosanitary Measures
1. Each Party shall identify an overall contact point relating to SPS measures ("SPS Contact Point"). For the purpose of this Article, the SPS Contact Point shall be:
(a) in the case of Australia, the Department of Agriculture, Fisheries and Forestry, or its successor; and
(b) in the case of Chile, the General Directorate of International Economic Affairs, Ministry of Foreign Affairs, or its successor.
2. On request of a Party for consultations on a matter arising under this Chapter, the Parties shall enter into consultations between relevant government agencies with responsibility for that matter under the scope of the SPS Contact Point.
3. Each Party's SPS Contact Point shall:
(a) coordinate requests for technical assistance and capacity building programs on SPS matters;
(b) review progress on addressing SPS matters that may arise between the Parties;
(c) communicate SPS priorities between the Parties;
(d) facilitate the consideration of requests for information and clarification of issues with the other Party;
(e) facilitate communication between relevant experts when the consideration of scientific or technical issues requires such contact;
(f) promote and facilitate cooperation on SPS issues between the Parties;
(g) perform any other activities that facilitate transparency in the implementation of SPS measures; and
(h) ensure that all relevant government agencies participate in the above activities as appropriate and arrange meetings between relevant experts of each Party on these activities when required.
4. The Parties acknowledge the value of exchanging information on their
respective SPS measures and, to ensure transparency in the implementation of SPS measures, each Party shall:
(a) exchange a list, to be updated as appropriate, of officials responsible for SPS matters in the agencies of the Parties; and
(b) provide notifications to a nominated SPS official of the other Party of measures imposed in response to an urgent threat to human, animal or plant life or health.
5. The SPS Contact Point shall be included in all communications between the Parties made pursuant to this Article.
Chapter 7. Technical Regulations, Standards and Conformity Assessment Procedures
Article 7.1. Definitions
For the purposes of this Chapter:
technical regulation, standard and conformity assessment procedures shall have the meanings assigned to those terms in Annex 1 of the TBT Agreement.
Article 7.2. Objectives
The objectives of this Chapter are to increase and facilitate trade through the improvement of the implementation of the TBT Agreement, the elimination of unnecessary technical barriers to trade and the enhancement of bilateral cooperation.
Article 7.3. Scope and Coverage
1. Except as provided in paragraphs 2 and 3 of this Article, this Chapter applies to all standards, technical regulations, and conformity assessment procedures of the central level of government that may, directly or indirectly, affect trade in goods between the Parties.
2. Each Party shall take such reasonable measures as may be available to it to ensure compliance by regional or local governments and non-governmental bodies within its territory which are responsible for the preparation, adoption and application of technical regulations, standards and conformity assessment procedures in the implementation of the provisions of this Chapter.
3. Technical specifications prepared by governmental bodies for production or consumption requirements of such bodies are not subject to the provisions of this Chapter, but are addressed in Chapter 15 (Government Procurement), according to its coverage.
4. This Chapter does not apply to sanitary and phytosanitary measures as defined in Annex A, paragraph 1 of the SPS Agreement, which are covered in Chapter 6 (Sanitary and Phytosanitary Measures).
Article 7.4. Affirmation of Agreement on Technical Barriers to Trade
The Parties affirm their rights and obligations under the TBT Agreement.
Article 7.5. International Standards
1. Each Party shall use relevant international standards, to the extent provided in Article 2.4 of the TBT Agreement, as a basis for its technical regulations.
2. In determining whether an international standard, guide or recommendation within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement exists, each Party shall apply the principles set out in Decisions and Recommendations adopted by the Committee since 1 January 1995, G/TBT/1/Rev.8, 23 May 2002, Section IX (Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement), issued by the WTO Committee on Technical Barriers to Trade.
Article 7.6. Trade Facilitation
The Parties shall work cooperatively in the fields of standards, technical regulations and conformity assessment procedures with a view to facilitating trade between the Parties. In particular, the Parties shall seek to identify trade facilitating bilateral initiatives regarding standards, technical regulations and conformity assessment procedures that are appropriate for particular issues or sectors. Such initiatives may include:
(a) cooperation on regulatory issues, such as convergence or equivalence of technical regulations and standards;
(b) alignment with international standards;
(c) reliance on a supplier's declaration of conformity; and
(d) use of accreditation to qualify conformity assessment bodies, as well as cooperation through recognition of conformity assessment procedures.
Article 7.7. Technical Regulations
1. Each Party shall give positive consideration to accepting as equivalent technical regulations of the other Party, even if these regulations differ from its own, provided it is satisfied that these regulations adequately fulfil the objectives of its regulations.
2. Where a Party does not accept a technical regulation of the other Party as equivalent to its own, it shall, at the request of the other Party, explain its reasons.
3. Neither Party may have recourse to dispute settlement under this Agreement for any matter arising under this Article.
Article 7.8. Conformity Assessment Procedures
1. The Parties recognise that a broad range of mechanisms exist to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. For example:
(a) the importing Party may rely on a supplier's declaration of conformity;