Customs Act 1901

PART VIII - THE DUTIES  

Division 1C - US originating goods  

Subdivision A - Preliminary  

SECTION 153YA   INTERPRETATION  

Definitions

153YA(1)    

In this Division:

Agreement
means the Australia-United States Free Trade Agreement done at Washington DC on 18 May 2004, as amended from time to time.

Note:

In 2004 the text of the Agreement was accessible through the website of the Department of Foreign Affairs and Trade.

Australian originating goods
means goods that are Australian originating goods under a law of the US that implements the Agreement.

Convention
means the International Convention on the Harmonized Commodity Description and Coding System done at Brussels on 14 June 1983.

Note:

The text of the Convention is set out in Australian Treaty Series 1988 No. 30. In 2004 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department's website.

customs value
, in relation to goods, has the meaning given by section 159 .

fuel
has its ordinary meaning.

Harmonized Commodity Description and Coding System
means the Harmonized Commodity Description and Coding System that is established by or under the Convention.

Harmonized System
means:

(a) the Harmonized Commodity Description and Coding System as in force on 1 January 2007; or

(b) if the table in Annex 4-A or 5-A of the Agreement is amended or replaced to refer to Chapters, headings and subheadings of a later version of the Harmonized Commodity Description and Coding System - the later version of the Harmonized Commodity Description and Coding System.]

Harmonized US Tariff Schedule
means the Harmonized Tariff Schedule of the United States (as in force from time to time).

indirect materials
means:

(a) goods used in the production, testing or inspection of other goods, but that are not physically incorporated in the other goods; or

(b) goods used in the operation or maintenance of buildings or equipment associated with the production of other goods;

including:

(c) fuel; and

(d) tools, dies and moulds; and

(e) lubricants, greases, compounding materials and other similar goods; and

(f) gloves, glasses, footwear, clothing, safety equipment and supplies for any of these things; and

(g) catalysts and solvents.

Interpretation Rules
means the General Rules for the Interpretation of the Harmonized System provided for by the Convention.

national
(Repealed by No 5 of 2007)

non-originating materials
means goods that are not originating materials.

originating materials
means:

(a) goods that are used in the production of other goods and that are US originating goods; or

(b) goods that are used in the production of other goods and that are Australian originating goods; or

(c) indirect materials.

Example:

This example illustrates goods produced from originating materials and non-originating materials.

Pork sausages are produced in the US from US cereals, Hungarian frozen pork meat and Brazilian spices.

The US cereals are originating materials since they are goods used in the production of other goods (the sausages) and they are US originating goods under Subdivision B.

The Hungarian frozen pork meat and Brazilian spices are non-originating materials since they are produced in countries other than the US and Australia.

person of the US
means a person of a Party within the meaning, in so far as it relates to the US, of Article 1.2 of the Agreement.

produce
means grow, raise, mine, harvest, fish, trap, hunt, manufacture, process, assemble or disassemble. Producer and production have corresponding meanings.

recovered goods
means goods in the form of individual parts that:

(a) have resulted from the complete disassembly of goods which have passed their useful life or which are no longer useable due to defects; and

(b) have been cleaned, inspected or tested (as necessary) to bring them into reliable working condition.

remanufactured goods
means goods that:

(a) are produced entirely in the US; and

(b) are classified to:

(i) Chapter 84, 85 or 87 (other than heading 8418, 8516 or 8701 to 8706), or to heading 9026, 9031 or 9032 of Chapter 90, of the Harmonized System; or

(ii) any other tariff classification prescribed by the regulations; and

(c) are entirely or partially comprised of recovered goods; and

(d) have a similar useful life, and meet the same performance standards, as new goods:

(i) that are so classified; and

(ii) that are not comprised of any recovered goods; and

(e) have a producer's warranty similar to such new goods.

Schedule 1 tariff table
(Repealed by No 4 of 2021)

Schedule 2 tariff table
(Repealed by No 4 of 2021)

textile or apparel good
has the meaning given by Article 1.2 of Chapter 1 of the Agreement.

US
means the United States of America.

used
means used or consumed in the production of goods.

US originating goods
means goods that, under this Division, are US originating goods.

wholly formed
, in relation to elastomeric yarn, has the same meaning as it has in the Agreement.

Value of goods

153YA(2)    
The value of goods for the purposes of this Division is to be worked out in accordance with the regulations. The regulations may prescribe different valuation rules for different kinds of goods.

Tariff classifications

153YA(3)    
In specifying tariff classifications for the purposes of this Division, the regulations may refer to the following:

(a) the Harmonized System;

(b) the Harmonized US Tariff Schedule.

153YA(4)    
Subsection 4(3A) does not apply for the purposes of this Division.

Regulations.

153YA(5)    
For the purposes of this Division, the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time.