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CUSTOMS (JAPANESE RULES OF ORIGIN) REGULATION 2014 (SLI NO 198 OF 2014) - RULE 7

Value of goods that are originating materials or non-originating materials

             (1)  For subsection 153ZNB(3) of the Act, this section explains how to work out the value of goods that are originating materials or non-originating materials for Japanese originating goods.

             (2)  The value of the materials is as follows:

                     (a)  for materials imported into Japan by the producer of the Japanese originating goods--the value of the materials worked out under a law of Japan that implements the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994;

                     (b)  for materials acquired in Japan--the earliest ascertainable cost of acquisition of the materials;

                     (c)  for materials that are produced by the producer of the Japanese originating goods and used in the production of the Japanese originating goods--the sum of:

                              (i)  the expenses incurred in the production of the materials, including general expenses; and

                             (ii)  an amount for profit equivalent to the profit that the producer would make for the materials in the ordinary course of trade.

             (3)  The value of the goods may include the costs of the following, to the extent that they have not been taken into account under subsection (2):

                     (a)  freight, insurance, packing and any other transportation of the materials to the producer:

                              (i)  in Japan; or

                             (ii)  between Australia and Japan;

                     (b)  duties, taxes and customs brokerage fees on the materials that:

                              (i)  have been paid in either or both of Australia and Japan; and

                             (ii)  have not been waived or refunded; and

                            (iii)  are not refundable or otherwise recoverable, including any credit against duties or taxes that have been paid or that are payable;

                     (c)  for non-originating materials:

                              (i)  originating materials that are used or consumed in the production of non-originating materials in Australia or Japan; and

                             (ii)  other costs incurred in Australia or Japan in the production of the non-originating materials.



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