Page 37 - Regional Comprehensive Economic Partnership (RCEP)

Article 3.7: De Minimis
(c) the good is subject to a change in tariff classification or a
1. A good that does not satisfy a change in tariff classification specific manufacturing or processing operation
pursuant to Annex 3A (Product-Specific Rules) is nonetheless an requirement provided in Annex 3A (Product-Specific
originating good if the good meets all of the other applicable Rules).
requirements in this Chapter and:
3. If a good is subject to a regional value content requirement, the
(a) for a good classified in Chapters 01 through 97 of the HS value of the packaging materials and containers in which the good
Code, the value of non-originating materials that have been is packaged for retail sale shall be taken into account as
used in the production of the good and did not undergo the originating materials or non-originating materials of the good, as
applicable change in tariff classification does not exceed the case may be, in calculating the regional value content of the
10 per cent of the FOB value of that good. The value of good.
those non-originating materials shall be determined
pursuant to paragraph 3 of Article 3.5 (Calculation of
Regional Value Content); or Article 3.9: Accessories, Spare Parts, and Tools

(b) for a good classified in Chapters 50 through 63 of the HS 1. For the purposes of determining the originating status of a good,
Code, the weight of all non-originating materials used in its accessories, spare parts, tools, and instructional or other
production that did not undergo the required change in tariff information materials presented with the good shall be considered
classification does not exceed 10 per cent of the total as part of the good and shall be disregarded in determining
weight of the good. whether all the non-originating materials used in the production of
the good have undergone the applicable change in tariff
2. The value of non-originating materials referred to in paragraph 1 classification or a specific manufacturing or processing operation
shall, however, be included in the value of non-originating set out in Annex 3A (Product-Specific Rules), provided that:
materials for any applicable regional value content requirement.
(a) the accessories, spare parts, tools, and instructional or
other information materials presented with the good are not
Article 3.8: Treatment of Packing and Packaging Materials and invoiced separately from the good; and
Containers
(b) the quantities and value of the accessories, spare parts,
1. Packing materials and containers for the transportation and tools, and instructional or other information materials
shipment of a good shall not be taken into account in determining presented with the good are customary for the good.
the originating status of any good.
2. Notwithstanding paragraph 1, if a good is subject to a regional
2. Packaging materials and containers in which a good is packaged value content requirement, the value of the accessories, spare
for retail sale, which are classified together with the good, shall parts, tools, and instructional or other information materials
not be taken into account in determining the originating status of presented with the good shall be taken into account as originating
the good, provided that: materials or non-originating materials, as the case may be, in
calculating the regional value content 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 (a) the accessories, spare parts, tools, and instructional or
(Originating Goods); other information materials presented with the good are not
invoiced separately from the good; and
(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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