RULES OF ORIGIN: ATIGA Flashcards
means the farming of aquatic organisms including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, from
feedstock such as eggs, fry, fingerlings and larvae, by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding, or protection from predators;
Aquaculture
means the value of the goods imported, and includes the costs of freight and insurance up to the port or place of entry into the country of importation. The valuation shall be made in accordance with Article VII of GATT 1994 and the Agreement on the Implementation of Article VII of GATT 1994 as contained in Annex 1A to the WTO Agreement;
Cost, Insurance and Freight (CIF)
means the free-on-board value of the goods,
inclusive of the costs of transport to the port or site of final shipment abroad. The valuation shall be made in accordance with Article VII of GATT 1994 and the Agreement on the Implementation of Article VII of GATT 1994 as contained in Annex 1A to the WTO Agreement;
FOB (Free-on-Board)
means the recognised consensus or substantial authoritative support in the territory of a Member State, with respect to the recording of revenues, expenses, costs, assets and liabilities; the disclosure of information; and the preparation of financial statements. These standards may encompass broad guidelines of general application as well as detailed standards, practices and procedures;
Generally Accepted Accounting Principles (GAAP)
shall include materials and/or products, which can be wholly obtained or produced, even if they are intended for later use as materials in another production process. For the purposes of this Chapter, the terms “goods” and “products” can be used interchangeably;
Goods
means materials being of the same kind and commercial quality, possessing the same technical and physical characteristics, and which after being incorporated into the finished product cannot be distinguished from one another for origin purposes by virtue of
any markings, etc.;
identical and interchangeable material
means any matter or substance used or consumed in the production of goods or physically incorporated into another good or are subject to a process in the production of another good;
materials
means goods or material that qualifies as originating in accordance with the provisions of this Chapter;
originating goods or originating materials
means the goods used to protect a good during its transportation, different from those containers or materials used for its retail sale;
packing materials and containers for transportation
means methods of obtaining goods, including growing, mining, harvesting, raising, breeding, extracting, gathering, collecting, capturing, fishing, trapping, hunting, manufacturing, producing, processing or assembling goods
production
means rules that specify that the materials have undergone a change in tariff classification or a specific manufacturing or processing operation, or satisfy a Regional Value Content criterion or a combination of any of these
criteria
Product Specific Rule
A good imported into the territory of a Member State from another Member State shall be treated as an originating good if it conforms to the origin requirements under any one of the following conditions:
(a) a good which is wholly obtained or produced in the exporting Member State as set out and defined in Article 27 (Wholly Obtained or Produced Goods); or
(b) a good not wholly obtained or produced in the exporting Member State, provided that the said goods are eligible under Article 28 (Not Wholly Obtained or Produced Goods) or Article 30 (Accumulation).
What shall be considered as wholly obtained or produced goods in the exporting Member State?
(a) Plant and plant products, including fruit, flowers, vegetables, trees, seaweed, fungi and live plants, grown and harvested, picked or gathered in the exporting Member State;
(b) Live animals, including mammals, birds, fish,
crustaceans, molluscs, reptiles, bacteria and viruses, born and raised in the exporting Member State;
(c) Goods obtained from live animals in the exporting Member State;
(d) Goods obtained from hunting, trapping, fishing, farming, aquaculture, gathering or capturing conducted in the exporting Member State;
(e) Minerals and other naturally occurring substances, not included in paragraphs (a) to (d) of this Article, extracted or taken from its soil, waters, seabed or beneath its seabed;
(f) Products of sea-fishing taken by vessels registered with a Member State and entitled to fly its flag and other products taken from the waters, seabed or beneath the seabed outside the territorial waters of that Member State, provided that that Member State has the rights to exploit such waters, seabed and beneath the seabed in accordance with international law;
(g) Products of sea-fishing and other marine products taken from the high seas by vessels registered with a Member State and entitled to fly the flag of that Member State;
(h) Products processed and/or made on board factory ships registered with a Member State and entitled to fly the flag of that Member State, exclusively from products referred to in paragraph (g) of this Article;
(i) Articles collected there which can no longer perform their original purpose nor are capable of being restored or repaired and are fit only for disposal or recovery of parts of raw materials, or for recycling purposes;
(j) Waste and scrap derived from:
(i) production in the exporting Member State; or
(ii) used goods collected in the exporting Member State, provided that such goods are fit only for the recovery of raw materials; and
(k) Goods obtained or produced in the exporting Member State from products referred to in paragraphs (a) to (j) of this Article
refers to minerals and other naturally occurring substances extracted from the waters, seabed or beneath the seabed outside the territorial
waters.
“other products”
T/F
For products of sea-fishing obtained from outside the territorial waters (e.g. Exclusive Economic Zone), originating status would be conferred to that Member State with whom the vessels used to obtain such products are registered with and whose flag is flown in the said vessel, and provided that that Member State has the rights to exploit it under international law.
True
T/F
In accordance with international law, registration of vessels could only be made in one Member State.
True
Goods not wholly obtained or produced shall be deemed to be originating in the Member State where working or processing of the goods has taken place if:
(i) if the goods have a regional value content (hereinafter referred to as “ASEAN Value Content” or the “Regional Value Content (RVC)”) of not less than forty percent (40%) calculated using the formula set out in Article 29; or
(ii) if all non-originating materials used in the production of the goods have undergone a change in tariff classification (hereinafter referred to as “CTC”) at four-digit level (i.e. a change in tariff heading) of the Harmonized System
T/F
Each Member State shall permit the exporter of the good to decide whether to use paragraph 1(a)(i) or 1(a)(ii) of this Article when determining whether the goods qualify as originating goods of the Member State.
True
T/F
Notwithstanding paragraph 1 of this Article, goods listed in Annex 3 shall qualify as originating goods if the goods satisfy the product specific rules set out therein
True
T/F
Where a product specific rule provides a choice of rules from a RVC-based rule of origin, a CTC-based rule of origin, a specific manufacturing or processing operation, or a combination of any of these, each Member State shall permit the exporter of the goods to decide which rule to use in determining whether the goods qualify as originating goods of the Member State
True
T/F
Where product specific rules specify a certain RVC, it is required that the RVC of a good is calculated using the formula set out in Article 29 (Calculation of Regional value Content)
True
T/F
Where product specific rules requiring that the
materials used have undergone CTC or a specific manufacturing or processing operation, the rules shall apply only to non-originating materials
True
T/F
Notwithstanding paragraphs 1 and 2 of this Article, a good which is covered by Attachment A or B of the Ministerial Declaration on Trade in Information Technology Products adopted in the Ministerial Conference of the WTO on December 13, 1996, set out as Annex 4, shall be deemed to be originating in a Member State if it is assembled from materials covered under the same Annex.
True
