Page 36 - Regional Comprehensive Economic Partnership (RCEP)

Article 3.7: De Minimis

1. A good that does not satisfy a change in tariff classification
pursuant to Annex 3A (Product-Specific Rules) is nonetheless an
originating good if the good meets all of the other applicable
requirements in this Chapter and:

(a) for a good classified in Chapters 01 through 97 of the HS
Code, the value of non-originating materials that have been
used in the production of the good and did not undergo the
applicable change in tariff classification does not exceed
10 per cent of the FOB value of that good. The value of
those non-originating materials shall be determined
pursuant to paragraph 3 of Article 3.5 (Calculation of
Regional Value Content); or

(b) for a good classified in Chapters 50 through 63 of the HS
Code, the weight of all non-originating materials used in its
production that did not undergo the required change in tariff
classification does not exceed 10 per cent of the total
weight of the good.

2. The value of non-originating materials referred to in paragraph 1
shall, however, be included in the value of non-originating
materials for any applicable regional value content requirement.

Article 3.8: Treatment of Packing and Packaging Materials and
Containers

1. Packing materials and containers for the transportation and
shipment of a good shall not be taken into account in determining
the originating status of any good.

2. Packaging materials and containers in which a good is packaged
for retail sale, which are classified together with the good, shall
not be taken into account in determining the originating status of
the good, provided that:

(a) the good is wholly obtained or produced in a Party in
accordance with subparagraph (a) of Article 3.2
(Originating Goods);

(b) the good is produced in a Party exclusively from originating
materials from one or more of the Parties, in accordance
with subparagraph (b) of Article 3.2 (Originating Goods); or

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