Australia-India ECTA Annex 4B Product Specific Rules Of Origin

Section A Headnotes to the Annex

1. For the purposes of this Annex:

• (a) chapter means the first two digits of the tariff classification number under the Harmonized System;
• (b) heading means the first four digits of the tariff classification number under the Harmonized System;
• (c) section means a section of the Harmonized System; and
• (d) sub-heading means the first six digits of the tariff classification number under the Harmonized System.

2. The product specific rule, or set of product specific rules, that applies to a particular sub-heading is set out immediately adjacent to the sub-heading. All HS codes not listed in this Annex are subject to the general rule outlined in paragraph 1 of Article 4.3 (Goods not Wholly Produced or Obtained – Rules of Origin).

3. A requirement of a change in tariff classification applies only to non-originating materials.

4. If a chapter, heading or sub-heading is excluded as part of a change in tariff classification rule, it means that non-originating materials of that chapter, heading or sub-heading may not be used to meet the change in tariff classification rule. All materials that are excluded must be originating goods.

5. Where a heading or sub-heading is subject to alternative product specific rules, the requirements of this Annex will be considered to be satisfied if a good satisfies one of the alternative rules.

6. If a good is subject to a product specific rule that includes multiple requirements, the requirements of this Annex will be considered to be satisfied for that good only if the good satisfies all applicable requirements.

7. For the purposes of Section B of this Annex:

• (a) WO means that good must be wholly obtained in the territory of one or both of the Parties within the meaning of Article 4.4 (Wholly Obtained or Produced Goods – Rules of Origin);
• (b) CC means that all non-originating materials used in the production of the good have undergone a change in tariff classification at the two-digit level;
• (c) CTH means that all non-originating materials used in the production of the good have undergone a change in tariff classification at the four-digit level;
• (d) CTSH means that all non-originating materials used in the production of the good have undergone a change in tariff classification at the six-digit level;
• (e) QVC (X) means that the good must have a qualifying value content as calculated under Article 4.6 (Calculation of Qualifying Value Content – Rules of Origin) of not less than (X) per cent whether using the build-up method or build-down method; and
• (f) melt and pour in one or both of the Parties means that the product must have been melted and poured in one or both of the Parties wherein the raw material is first produced in an iron or steel-making furnace in a liquid state, and then poured into its first solid shape.

Section B: Product Specific Rules