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CUSTOMS (CHINESE RULES OF ORIGIN) REGULATION 2015 (SLI NO 209 OF 2015) - RULE 7

Requirements for goods that are oils, chemicals, plastics or rubber

             (1)  For paragraph 153ZOE(1)(c) of the Act, for goods classified to a chapter, heading or subheading of the Harmonized System specified in subsection (2), (5), (6), (7), (8), (10) or (11), that subsection sets out an alternative requirement to any requirements set out in column 3 of an item in the table in Part 2 of Schedule 1 in relation to the goods.

Note:          Subsection (13) provides that an item in that table may disapply subsection (2), (5), (6), (7), (8), (10) or (11) or this section for particular goods.

Chemical reaction rule

             (2)  For goods classified to any of Chapters 27 to 40 of the Harmonized System, an alternative requirement is that the goods are the product of a chemical reaction.

             (3)  For the purposes of subsection (2), a chemical reaction is a process (including a biochemical process) which results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule.

             (4)  For the purposes of subsection (2), the following are not chemical reactions:

                     (a)  dissolving in water or other solvents;

                     (b)  the elimination of solvents including solvent water;

                     (c)  the addition or elimination of water of crystallization.

Purification rule

             (5)  For goods classified to any of Chapters 28 to 35, 38 and 39 of the Harmonized System, an alternative requirement is that purification of the goods:

                     (a)  has resulted in the elimination of at least 80% of the content of existing impurities; or

                     (b)  has resulted in the reduction or elimination of impurities such that the goods are suitable for one or more of the following applications:

                              (i)  pharmaceutical, medicinal, cosmetic, veterinary or food grade substances;

                             (ii)  chemical products and reagents for analytical, diagnostic or laboratory uses;

                            (iii)  elements and components for use in micro-elements;

                            (iv)  specialized optical uses;

                             (v)  non-toxic uses for health and safety;

                            (vi)  biotechnical use;

                           (vii)  carriers used in a separation process;

                          (viii)  nuclear grade uses.

Mixtures and blends rule

             (6)  For goods classified to any of Chapters 30 and 31, heading 33.02, subheading 3502.20 and headings 35.06, 35.07 and 37.07 of the Harmonized System, an alternative requirement is that the deliberate and proportionally controlled mixing or blending (including dispersing) of materials to conform to predetermined specifications has resulted in the production of the goods which have physical or chemical characteristics which are:

                     (a)  relevant to the purposes or uses of the goods; and

                     (b)  different from the input materials.

Change in particle size rule

             (7)  For goods (the final goods ) classified to any of Chapters 30, 31 and 39 of the Harmonized System, an alternative requirement is that the deliberate and controlled modification in particle size of goods, other than by crushing or pressing, has resulted in the final goods:

                     (a)  having a defined particle size, defined particle size distribution or defined surface area which is relevant to the purposes of the final goods; and

                     (b)  having different physical or chemical characteristics from the input materials.

Standard materials or solutions rule

             (8)  For goods classified to any of Chapters 28 to 32, 35 and 38 of the Harmonized System, an alternative requirement is that the goods are standard materials or solutions.

             (9)  For the purposes of subsection (8), standard materials or solutions are preparations:

                     (a)  that have precise degrees of purity or proportions which are certified by the manufacturer; and

                     (b)  that are suitable for analytical, calibrating or referencing uses.

Isomer separation rule

           (10)  For goods classified to any of Chapters 28 to 32, 35 and 39 of the Harmonized System, an alternative requirement is that the goods were produced from the isolation or separation of isomers from mixtures of isomers.

Distillation rule

           (11)  For goods classified to heading 27.10 of the Harmonized System, an alternative requirement is that the goods were produced using:

                     (a)  atmospheric distillation; or

                     (b)  vacuum distillation.

           (12)  For the purposes of subsection (11):

                     (a)  atmospheric distillation means a separation process in which petroleum oils are converted, in a distillation tower, into fractions according to boiling point and the vapour then condensed into different liquefied fractions; and

                     (b)  vacuum distillation means distillation at a pressure below atmospheric but not so low that it would be classed as molecular distillation.

Relationship with Schedule 1

           (13)  Subsection (2), (5), (6), (7), (8), (10) or (11) does not apply in relation to goods mentioned in an item in the table in Part 2 of Schedule 1 if that item specifies that the subsection or this section does not apply.

   



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