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CUSTOMS AMENDMENT (KOREAN RULES OF ORIGIN) REGULATION 2014 (SLI NO 160 OF 2014) - SCHEDULE 1

Amendments

   

Customs Regulations 1926

1  After regulation 126DA

Insert:

126DB   Other circumstances under which refunds, rebates and remissions are made--Korean originating

             (1)  For subsection 163(1) of the Act, the following circumstances are prescribed:

                     (a)  duty has been paid on Korean originating goods;

                     (b)  duty has been paid on goods:

                              (i)  that would have been Korean originating goods if, at the time the goods were imported, the importer had held a Certificate of Origin, or a copy of a Certificate of Origin, for the goods; and

                             (ii)  for which the importer holds a Certificate of Origin, or a copy of a Certificate of Origin, at the time of making the application for the refund.

             (2)  A person may not apply for duty to be refunded under paragraph 126(1)(e) in respect of goods mentioned in subregulation (1) to the extent that an application for a refund relates to one or more of the factors that determine whether the goods are Korean originating goods.

             (3)  In this regulation:

"Certificate of Origin" has the meaning given in subsection 153ZMB(1) of the Act.

"Korean originating goods" has the meaning given in subsection 153ZMB(1) of the Act.

2  Paragraph 128(1)(e)

After "126DA(1)", insert ", 126DB(1)".

3  Paragraph 128(1A)(b)

After "126DA(1)", insert ", 126DB(1)".

4  At the end of paragraph 128A(4)(a)

Add:

                            (ix)  subregulation 126DB(1); or

5  Subregulation 128B(6)

Insert:

"Korean originating goods" has the meaning given in subsection 153ZMB(1) of the Act.

6  At the end of regulation 128B

Add:

           (16)  The amount of a refund, rebate or remission of duty that may be made in the circumstance prescribed in paragraph 126DB(1)(a) is the difference between the amount of duty paid on the goods and the amount of duty payable on the goods as Korean originating goods.

           (17)  The amount of a refund, rebate or remission of duty that may be made in the circumstance prescribed in paragraph 126DB(1)(b) is the difference between the amount of duty paid on the goods and the amount of duty payable on the goods if they had been Korean originating goods at the time of their importation.



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