2011/SOM2/MAG/009 Agenda Item: 8ii The Rules of Origin for Machine Tools/Parts and Toys and Games in Asia-Pacific FTAs Purpose: Information Submitted by: Chinese Taipei 38th Market Access Group Meeting Big Sky, United States 10 May 2011 The Rules of Origin for Machine Tools/Parts and Toys and Games in Asia-Pacific FTAs (For MAG2 Meeting) Chinese Taipei (Revised Version of May 5, 2011) This study focuses on the rules of origin (ROOs) of the 42 1 intra-regional free trade agreements (FTAs) of the Asia-Pacific region for two categories of products: (1) “Machine-tools and parts thereof,” which covers the 11 four-digit codes 8456 to 8466 in the Harmonized System (HS) and 36 subheadings in the 6-digit format. (2) “Toys and games,” which includes products categorized under HS codes 9503 to 9505 and includes 8 subheadings in the six-digit format. The purpose of this study is to provide a whole picture of ROOs in intraregional FTAs/RTAs in general and illustrative terms and to serve as reference for discussion or exploration of the ROO issues. It is beyond the intention or capability of the paper to cover all the details in an exhaustive manner. I. Machine-tools and parts thereof (HS 8456 to 8466) (1) Product coverage Products under HS 8456-8466 include machine-tools for different purposes, machining centres, lathes, parts and accessories for machine tools of heading 8456 to 8465. (Note: Consistency exists between the 2007 HS version and the 2002 version for these headings.) Machine-tools comprise one of the most important branches of the machinery industry. Machine-tools are used to manufacture parts for automobiles, aviations, national defense technology, machinery, molds, electronics, generators, and etc. They also work as machines to process or manufacture different kinds of metal parts for machinery equipment. Therefore, 1 Due to the unavailability of English versions, FTAs between Peru-Mexico, Chile-Peru and Chile-Malaysia are not included in this study. 2 “machine-tools” in general is called the “mothers of machinery.” (2) Global trade The top 5 exporters in 2009 were Germany, Italy, Japan, the United States, and Switzerland, accounting for 58.9% of world export. The 6 th , 7 th , and 8 th biggest exporters were China, Chinese Taipei, and Korea respectively, accounting for 13.52% of world export. The total export value of APEC member economies accounted for 37.64% of the world export. Japan, the United States, China, Chinese Taipei, and Korea were the main producers, accounting for 86.7% of APEC export. (3) Rules of origin The 42 FTAs’ ROOs for machine-tools are quite diverse. Among the 42 FTAs, 26 of them take the approach of Tariff Shift and/or RVC, and 5 adopt Tariff Shift Only approach. 11 FTAs adopt the General Rule approach. However, since machine-tools cover 11 four-digit HS code, Table 1 illustrates a general picture of numbers and approaches that the FTA/RTAs take for machine-tools (HS 8456-8466), not intended to reflect all the details for the individual tariff items. Take NAFTA and CAN-CHL for example, although these 2 FTAs are categorized as “Tariff Shift and/or RVC” in the Table 1, only products under HS 8464, 8465, (and some subheading of HS8459 in NAFTA) are asked for taking this approach, while the rest of products apply “Tariff Shift Only.” In contrast, most of the rest FTA/RTAs signed by American economies apply Tariff Shift Only to products under HS 8464 and 8465 but Tariff Shift and/or RVC to the rest. Table 1: Pattern of ROOs for HS 8456-8466 HS Code ROO Approach Number of 42 FTA/RTAs 3 HS Code ROO Approach Number of 42 FTA/RTAs Tariff Shift Only 52 53 RVC Only 0 84 26 5 29 6 General Rule 11 7 — Total 42 42 Tariff Shift and/or RVC 8456-8466 --including Others and/or Tariff Shift If we look into the 11 FTAs which take the General Rule approach, 8 out of 11 take approaches of RVC Only, and 3 FTAs allow choosing ‘tariff shift’ or RVC as alternatives. Therefore, if we allocate these two approaches separately to the respective categories, there will be 8 FTAs adopting RVC Only and 29 taking the approach of Tariff Shift and/or RVC. Economies in North America usually apply various ROOs on different machine-tools and usually in 6-digit (subheading). In addition, their FTAs also require 50-65% RVC. Eastern Asian economies usually do not treat different machine-tools with different ROOs; they require 40-45% RVC. ROOs actually vary from one FTA partner to another. For example, the ROOs between Japan and the American economies usually require CTH (change from heading) or 45-50% RVC, while CTSH (change from subheading) or 40% RVC are required in ROOs between Japan and ASEAN economies. Singapore is another example. Its ROOs with US demand CTH or 35-65% RVC, while its 2 3 4 5 6 7 The FTAs classified under the indicated approach are CAN -PER, CHN-PER, NZL-THA, P4, and NZL-MYS. Id. The FTAs classified under the indicated approach are CHN -CHL, CHN-SGP, AUS-SGP, AUS-Papua New Guinea, ASEAN-CHN, ASEAN-AUS-NZL, APTA, and NZL-SGP. The FTAs classified under the indicated approach are NAFTA, USA -SGP, USA-CHL, USA-AUS, USA-KOR, USA-PER, CAN-CHL,CHL-MEX, PER-SGP, CHN-HKG, CHN-NZL JPN-MEX, JPN-MYS, JPN-SGP, JPN-PHL, JPN-CHL, JPN-BRN, JPN-THA, JPN-Indonesia, AUS-THA, AUS-NZL, AUS-CHL, ASEAN, NZL-HKG, KOR-CHL, and KOR-SGP. In CHN-HKG, i.e. CEPA between China and Hong Kong, ROOs for some products have not been developed. Where CEPA ROOs are already developed under these headings, different "ROO Approaches" are adopted for different products. For 8458.1100, 8458.1900, 8460.3900, 8465.1000, 8465.9100, 8465.9200, 8465.9300, 9465.9500, 8465.9900 , ROOs are metal working and assembling and fulfilling the value-added content requirement (≧ 30%). The concept of "value-added content requirement" is not exactly the same as RVC . For 8466.9200, Change in Tariff Heading (CTH) is required. The FTAs classified under the indicated approach include the 26 FTAs of the previous footnote and JPN-VNM, ASEAN-JPN, ASEAN-KOR The FTAs classifies under the indicated approach are CHN -CHL, CHN-SGP, JPN-VNM, AUS-SGP, AUS-Papua New Guinea, ASEAN-CHN, ASEAN-AUS-NZL,ASEAN-JPN, ASEAN-KOR, APTA, NZL-SGP. 4 ROOs with ASEAN and Japan ask for CTSH or 40% RVC. As for ROOs with Australia and New Zealand, both of the FTAs take the general rule but require 50% and 40% RVC respectively. II. Toys and games (HS 9503 to 9505) (1) Product coverage Products under HS 9503-9505 are toys and games, including: tricycles, scooters, pedal cars and similar wheeled toys; dolls' carriages; dolls; other toys; reduced-size (scale) models and similar recreational models; articles for funfair, table or parlour games; and festive, or other entertainment articles, including conjuring tricks and novelty jokes. In 2007 HS version, the original HS 9501-9502 were deleted and put under HS 9503. Therefore, some FTAs have ROOs in detail for 9503, particularly for dolls and dolls’ parts and accessories. Some FTAs signed after 2007 adopt the 2007 HS version, and some FTAs are revised to adopt the new version. For instance, the United States published its latest revision, Harmonized Tariff Schedule of the United States 2010, which includes the revised ROOs of FTAs, including NAFTA, USA-Australia, USA-Singapore, and USA-Chile. 8 However, some FTAs still adopt the 2002 HS version and contain the ROOs of HS 9501-9502. For example, the EPAs between Japan and ASEAN members usuall y specify that the ROOs are based on the 2002 HS version, even though some of them were signed after 2007.(For further information, please see Table 4.) (2) Global trade The world export of toys and games in 2009 valued at US$61 billion, while the export of China and Hong Kong, China amounted to US$31.5 billion, accounting for 51.6% of the world export. 8 It is worth noting that although it is said in the report that the ROO has been revised, there are still ROOs for HS 9501-9502 in the USA-Chile FTA, as per data of WTO and SICE(Organization of American State's Foreign Trade Information System). 5 (3) Rules of origin Although toys and games only cover 3 four-digit products, 42 FTA/RTAs take diverse approaches. The 2002 version of HS Code is still applied in some FTA/RTAs, and therefore HS 9501-9502 are included. Some FTA/RTAs treat HS9503-9505 in the same way, but others treat them differently. Table 2 illustrates a general picture of the numbers and the approaches that 42 FTA/RTAs adopt for the products under HS 9503-9505. For example, AUS-NZL and AUS-CHL are considered as Tariff Shift and/or RVC, which applies to HS 9503 only. Products under HS9504-9505 are required Tariff Shift Only. Table 2: Pattern of ROOs for HS 9503-9505 HS Code ROO Approach Number of 42 FTA/RTAs Tariff Shift Only 10 9 10 10 RVC Only 1 11 9 12 9503-9505 Tariff Shift and/or RVC 19 13 22 14 General Rule/NA 12 15 1 16 Total 42 42 Among the 42 FTAs, 10 of them take Tariff Shift Only approach, and 1 adopts RVC Only. 19 FTAs employ the approach of Tariff Shift supplemented by RVC. The rest of the 12 FTAs do not contain specific rules for products under HS 9503-9505. Among the 12 FTAs, except 1 FTA involves neither any ROO for these products, nor employs the general rule (classified as N/A), 8 out of them 9 The FTA classified under the indicated approach is CAN -PER, CHL-MEX, CHN-NZL, JPN-MEX, AUS-THA, NZL-THA, P4, NZL-HKG, KOR-CHL, and KOR-SGP. 10 Id. 11 The FTA classified under the indicated approach is CHN -CHL, but it only applies on HS9503. Since t his FTA does not contain specific provision for products under HS 9504 -9505, products under these 2 codes can only apply the general rule with 40% RVC. 12 The FTAs classified under the indicated approach are CHN-CHL, CHN-SGP, AUS-SGP, AUS-Papua New Guinea, ASEAN, ASEAN-CHN, ASEAN-AUS-NZL, APTA, and NZL-SGP. 13 The FTAs classified under the indicated approach are NAFTA, USA-SGP, USA-CHL, USA-AUS, USA-KOR, USA-PER, PER-SGP, CAN-CHL, CHN-PER, JPN-MYS, JPN-SGP, JPN-PHL, JPN-CHL, JPN-BRN, JPN-THA, JPN-Indonesia, AUS-NZL, AUS-CHL, and NZL-MYS. 14 The FTAs classified under the indicated app roach include the 19 FTAs of the previous footnote plus JPN-VNM, ASEAN-JPN, and ASEAN-KOR. 15 The FTAs classifies under the indicated approach are CHN -HKG, CHN-SGP, JPN-VNM, AUS-SGP, AUS-Papua New Guinea, ASEAN, ASEAN-CHN, ASEAN-AUS-NZL,ASEAN-JPN, ASEAN-KOR, APTA, NZL-SGP. 16 The FTA classified under the indicated approach is CHN -HKG, which neither involves any ROO for the products nor employs the general rule at the moment. 6 adopt RVC Only approach with the level of 35-50% RVC, and 3 of them allow choosing either CTH or RVC. Thus, if we separate ‘General Rule’ into the two approaches, i.e. RVC Only and Tariff Shift and/or RVC, then among the 42 FTAs, there are 9 adopting RVC Only, 22 asking for Tariff Shift and/or RVC, 10 FTAs taking Tariff Shift Only, and 1 is N/A. As for the level of tariff shift, most economies in North America ask for CC (change from chapter). However, when RVC reaches to a certain level, they will allow CTH or CTSH. On the contrary, the general rule of 40% RVC or tariff shift, i.e. CTH or CTSH, is usually employed in East Asian economies. American economies usually treat different toys and games with different ROOs. In comparison with the American economies, the General Rule method or RVC is usually taken in the ROOs of East Asian economies. In Japan, for example, the ROOs of its FTAs with ASEAN economies usually require CTH or CTSH+40% RVC, while the ROOs in its FTAs with American economies require CC or 35-45% RVC. As for Australia and New Zealand, they adopt the general rule method with Singapore and Papua New Guinea. When calculating RVC, the methods of “build-up” and “build-down” are usually applied 17. The former usually asks for 30-35%, and the latter 40-45%. These 2 methods are usually adopted in North American FTAs, while Eastern Asian economies usually ask for 40% RVC without specifying build-up or build-down methods. Table 3: Pattern of ROOs for HS 9501-9502 HS Code ROO Approach Number of FTA/RTAs 9501-9502 18 Tariff Shift Only (2002 HS Tariff Shift and/or RVC 17 18 19 1 19 16 20 The methods of calculating RVC build-up or build-down method vary. Different price or cost of the said product, such as transaction value, net cost, FOB value, etc. are used, depending on economies. The FTAs that still have specific rules of origin for HS 9501 -9502 are USA-CHL. USA-KOR, USA-PER, CAN-CHL, CHL-MEX, CHN-CHL, JPN-MEX, JPN-MYS, JPN-SGP, JPN-PHL, JPN-CHL, JPN-BRN, JPN-THA, JPN-IDN, AUS-THA, NZL-THA, P4, and KOR-CHL. The FTA classified under the indicated approach is NZL-THA. 7 HS Code Version) ROO Approach Number of FTA/RTAs RVC Only 1 21 Total 18 18 FTAs are still based on 2002 HS version and have ROOs for products under HS 9501-9502. Among these 18 FTAs, 1 adopts Tariff Shift only, 1 allows RVC only, and the other 16 FTAs take the approach of Tariff Shift and/or RVC. III. Observations And Inputs Made By Member Economies (1) Korea As described in the study on the ROO for Machine Tools/Parts and Toys and Games in Asia-Pacific FTAs, different kinds of ROOs are adopted in bilateral FTAs among Asia-Pacific economies. These ROOs are the results of a long period of negotiations to obtain the optimal and balanced co-benefits for the two economies involved in the FTAs reflecting each party's economic conditions. Therefore, adopting the harmonized ROO without considering economic situations of each economy may break the balanced interests. More scrutinized and cautious approach, for example how to find desirable level of percentages of RVC in the APEC region, is needed in introducing the harmonized ROO to member economies. (2) Mexico In reference to footnote 1, the Chile-Mexico ROOs are included in English language in the Mexico´s REI-WebTR data base since 2010. Therefore, we would like them to be considered in the study. 20 21 The FTAs classified under the indicated approach are USA-CHL, USA-KOR, USA-PER, CAN-CHL, CHL, MEX, JPN-MEX, JPN-MYS, JPN-SGP, JPN-PHL, JPN-CHL, JPN-BRN, JPN-THA, JPN-IDN, AUS-THA, P4, and KOR-CHL. The FTA classified under the indicated approach is CHN -CHL. 8 i It has to be clarified that Table 1 is only indicative, since it does not reflect with accuracy the applicable ROOs under FTA/RTAs. Readers of the study may get a misleading view if some clarification is not included. An example of the argument supporting this view is related to NAFTA. According to Table 1, NAFTA is considered in the “Tariff Shift and/or RVC” ROO pattern, but this representation of NAFTA is not accurate. As can be observed in Table 5, the majority of ROO applicable to goods classified in headings 84.56 through 84.66 is “Tariff Shift Only”. Concrete examples are as follows: heading 84.56, 84.57, 84.58, 84.60, 84.61, 84.62 and 84.66. Therefore, some methodological note would have to be available in order to clarify the reasoning to consider the before mentioned headings as examples of “Tariff Shift and/or RVC” ROO pattern. The before mentioned situation would not be solved moving NAFTA to the “Tariff Shift Only” ROO pattern group, since there are headings such as heading 84.64 through 84.65, among others, whose ROO belongs to the “Tariff Shift and/or RVC” ROO pattern. ii It has to be clarified that Table 2 is only indicative, since it does not reflect with accuracy the applicable ROOs under FTA/RTAs. Readers of the study may get a misleading view if some clarification is not included. An example of the argument supporting this view is related to the AUS-NZ FTA/RTA. According to Table 2, the AUS-NZ FTA/RTA is considered in the “Tariff Shift and/or RVC” ROO pattern, but this representation of the AUS-NZ FTA/RTA is not accurate. As can be observed in Table 6, the majority of ROO applicable to goods classified in headings 95.03 through 95.05 is “Tariff Shift Only”. Concrete examples are as follows: heading 95.04 and 95.05. Therefore, some methodological note would have to be available in order to clarify the reasoning to consider the before mentioned cases as examples of “Tariff Shift and/or RVC” ROO pattern. The situation would not be solved moving the AUS-NZ FTA/RTA to the “Tariff Shift Only” ROO pattern group, since there are headings whose ROO belongs to the “Tariff Shift and/or RVC” ROO pattern. 9 Clear criteria is required in order that the reader could know how one FTA/RTA is to be allocated in one of the ROO patterns. iii According to Table 2, only 1 FTA/RTA makes use of the “General Rule/NA” ROO pattern. We wonder if the use of the word “usually” would be appropriate in the suggested wording to report findings in Table 2, which is highlighted in yellow: “American economies usually treat different toys and games with different ROOs. In comparison with the American economies, the General Rule method or RVC is usually taken in the ROOs of East Asian economies. In Japan for example, the ROOs in its FTAs with ASEAN economies usually require CTH or CTSH+40% RVC, while the ROOs in its FTAs with American economies require CC or 35-45% RVC. As for Australia and New Zealand, they adopt the general rule method with Singapore and Papua New Guinea.” (3) Hong Kong, China Table 1 under I(3) and footnote 3 On the preferential ROOs for headings 8456 - 8466 under the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA), the situation is set out as follows (see items 1343 - 1352 of CEPA ROO table at http://www.tid.gov.hk/english/cepa/tradegoods/files/ mainland_2011.pdf) 8456, 8457, 8459, 8461-8464 : No CEPA ROO has been developed for the time being; 8458 : CEPA ROOs (being "metal working and assembling, plus the fulfillment of value-added content requirement") have been developed for 2 out of the 4 sub-headings; 8460 : CEPA ROO (being "metal working and assembling, plus the fulfillment of value-added content requirement") has been developed for 1 out of the 8 sub-headings; 8465 : CEPA ROOs (being "metal working and assembling, plus the fulfillment of value-added content requirement") have been developed for 6 out of the 8 sub-headings; and 10 8466 : CEPA ROO (being "change in tariff heading") has been developed for 1 out of the 7 sub-headings Given (i) no ROO has been developed for some of the products; (ii) the concept of our "value-added content requirement" is not exactly the same as RVC; and (iii) the ROO for certain goods under HS heading 8466 is in fact "change in tariff heading", we suggest that the ROOs under CEPA should not be classified as "RVC Only" as in the draft paper. We think a possible option is to put the above CEPA ROOs for these headings under a new miscellaneous category such as "Others and/or Tariff Shift Only", with a footnote stating that (i) no ROO has been developed for some of these headings / some of the subheadings under these headings; and (ii) where CEPA ROOs are already developed under these headings, different "ROO Approaches" are adopted for different products. Table 2 under II(3) and footnote 9 Footnote 9 may be re-cast as "The FTA classified under the indicated approach is CHN-HKG (i.e. CEPA between China and Hong Kong, China) which neither involves any ROO for the products nor employs the general rule at the moment (classified as N/A)." Table 5 For the information about CEPA at page 15 (CHN-HKG 1 Jan 2004), the ROO for 8466.9200 is "change in tariff heading" or "CTH" (see item 1352 of CEPA ROO table at http://www.tid.gov.hk/english/cepa/tradegoods/files/mainland_2011.pdf) instead of the requirements described in the table. Besides, we suggest clarifying that the HS codes quoted therein are China's 2011 tariff codes. (4) Chile i Page 4. The footnote N°5 says that in the HS 2007 of the USA-Chile FTA, there are still ROOs for HS 9501-9502. However, in the official version of Chile there are not ROOs for these products. ii Page 5: The footnote N°10 and N°11 made reference that RVC is calculated using 11 the adjusted value. However, depending of the FTA could be transaction value, FOB Value, etc. It would be useful if you could underline that in these notes. iii Page 7. It would be useful to include the version translation of 2002 into the 2007 HS version for 8456 to 8466. iv Page 22: The table reflects the rule in HS 2002 and HS 2007. In order to clarify this table It would be useful to use 2 columns or indicate what version of the HS is the document referring. v Page 32 and 33: May be it would be useful to add a table with the trade among the APEC economies. Table 4: Translation of 2002 HS Version into the 2007 HS Version for HS 9501 and 9502 2002 HS version 95010010 95010020 95021000 95029100 95029910 95029920 95029990 95031010 2007 HS version Goods Wheeled toys designed to be ridden by children (for 95030011 example, tricycles, scooters, pedal cars); dolls' carriages Parts of wheeled toys designed to be ridden by 95030019 children (for example, tricycles, scooters, pedal cars); parts of dolls' carriages 95030021 Dolls, whether or not dressed Garments and accessories thereof, footwear and 95030022 headgear of dolls 95030023 Wigs, dolls Eyes, dolls (other than those unmounted of glass, of 95030024 heading 70.18) 95030029 Other parts and accessories of dolls 95030031 Toy electric trains 12 2002 HS version 2007 HS version 95031020 95030039 95032010 95030041 95032020 95030049 95033010 95030051 95033020 95030059 95034110 95030061 95034120 95030062 95034910 95030062 95034920 95030069 95035010 95030071 95035020 95030079 95036010 95030081 95036020 95030089 95037010 95030091 95037020 95030093 95038010 95030092 95038020 95030099 95039010 95030093 95039020 95030099 Goods Parts of electric trains; tracks, signals and other accessories thereof Reduced-size (scale) model assembly kits, whether or not working models, excluding those of subheading 9503.00 Parts and accessories of toys of tariff No. 9503.00.41 Other construction sets and constructional toys Parts and accessories of toys of tariff No. 9503.00.51 Toys representing animals or non-human creatures, stuffed Other toys representing animals or non-human creatures, not-stuffed Other toys representing animals or non-human creatures, not-stuffed Parts and accessories of toys of tariff No. 9503.00.61 and 9503.00.62 Toy musical instruments and apparatus Parts and accessories of toys of tariff No. 9503.00.71 Puzzles Parts and accessories of toys of tariff No. 9503.00.81 Toy guns, put up in sets or outfits; radio remote-controlled toys, put up in sets or outfits; other toys, put up in sets or outfits Toy guns; other radio remote-controlled toys; inflatable toys; other toys Radio remote-controlled toys and models, incorporating a motor; other toys and models, incorporating a motor Parts and accessories of toys of tariff No. 9503.00.91, 9503.00.92, 9503.0093 Toy guns; other radio remote-controlled toys; inflatable toys; other toys Parts and accessories of toys of tariff No. 9503.00.91, 9503.00.92, 9503.0093 13 Table 5: Rules of Origin for Machine-tools and Parts Thereof (HS8456-8466) Agreement (Date of Entry into Force 22) NAFTA (1 Jan 1994) 22 23 Tariff item Tariff only shift 8456.10, 8456.208456.90, 8458.11, 8458.91, 8460.11, 8460.21, 8460.31, 8460.40.a a, 8460.90.a a, 8461.10.a a, 8461.20.a a, 8461.30.a a, 8461.50.a a, 8461.90.a a, A change any other heading, except from more than one of certain tariff items which are listed. Regional value content (RVC) only Tariff shift supplemented by RVC Comments CTH 23 (except from more than one of certain tariff items which are listed) The KOR-USA FTA was signed on 30 Jul 2007 but has not yet entered into force. CTH denotes a change to the chapter, heading or subheading from any other heading. This means that all non-originating materials used in the production of the good have undergone a change in tariff classification at the 4-digit level (i.e. a change in heading ) of HS . 14 Agreement (Date of Entry into Force 22) Tariff item 8462.21, 8462.31, 8462.41, 8462.91.a a, 8462.99.a a 8457 8458.19, 8458.99, 8459.10, 8459.29, 8459.39, 8459.59, 8459.69, 8459.70, 8460.19, 8460.29, 8460.39, 8460.40, 8460.90, 8461.10, 8461.20, 8461.30, 8461.40, 8461.50, 8461.90, 8462.10, 8462.29, 8462.39, 8462.49, 8462.91, 8462.99, 8463 Tariff only shift Regional value content (RVC) only A change from any other heading, except from heading 84.59 or more than one of the following: subheading 8413.50 through 8413.60, Canadian tariff item 8466.93.11 or 8466.93.91, U.S. tariff item 8466.93.10A, 8466.93.50A or 8466.93.70A or Mexican tariff item 8466.93.04, subheading 8501.32 or 8501.52, subheading 8537.10. A change from any other heading, except from some certain tariff items which are listed. Tariff shift supplemented by RVC Comments CTH (except from 8459 or more than one of certain tariff items which are listed) CTH (except from some certain tariff items which are listed) 15 Agreement (Date of Entry into Force 22) USA-SGP (1 Jan 2004) Tariff item Tariff only 8459.21, 8459.31, 8459.408459.51, 8459.61, 8459.70.a a Tariff shift supplemented by RVC Comments A change from any other heading, except from more than one of certain tariff items which are listed. A change from more than one of certain tariff items which are listed, whether or not there is also a change from any other heading, provided there is a regional value content of not less than: (a) 60 % where the transaction value method is used, or (b) 50 % where the net cost method is used. 8464, 8465 A change from any other heading, except from a certain subheading. A change from a certain subheading, whether or not there is also a change from any other heading, provided there is a RVC of not less than: (a) 60 % where the transaction value method is used, or (b) 50 % where the net cost method is used. CTH (except from more than one of certain tariff items which are listed) Or CTSH 24 + 60% RVC (V) Or CTSH+50% RVC (C) CTH (except from a certain subheading) Or CTSH+ 60% RVC (V) Or CTSH+50% RVC (C) 8466 Change from any other heading. 8466 CTH Change from any other heading, including another heading within that group, provided there is a RVC of not less than 65% based on the build-down method. A change from any other heading. A change from any other heading. CTH+65% RVC (D) CTH Or No required change to heading 8466, provided that there is a RVC of not less than 35% based on the build-up method or 45% based on the build-down method, whether or not there is a change in tariff classification. A change to heading 8456 through 8463 from any other heading, provided there is a RVC of not less than 65% based on the build-down method. 84568463 84648465 24 Regional value content (RVC) only 84568463 84648465 USA-CHL (1 Jan 2004) shift A change to heading 8464 through 8465 from any other heading, including CTH Or 35% RVC (U) Or 45% RVC (D) CTH+65% RVC (D) CTH CTSH denotes a change to the chapter, heading or subheading from any other subheading. This means that all non-originating materials used in the production of the good have undergone a change in tariff classification at the 6-digit level (i.e. a change in subheading) of HS. 16 Agreement (Date of Entry into Force 22) Tariff item Tariff only another heading within group. shift Regional value content (RVC) only 84568463 84648465 A change to heading 8466 from any other heading, provided that there is a RVC of not less than 35% based on the build-up method or 45% based on the build-down method. A change from any other heading, provided that there is a RVC of not less than 60% under the build-down method. A change from any other heading, provided that there is a RVC of not less than 55% under the build-down method. 84578461, 8463 A change from any other heading. A change from any other heading, provided that there is a RVC of not less than 35% under the build-up method or 45% under the build-down method. A change from any other heading, provided that there is a RVC of not less than 65% under the build-down method. 84568463 84648465 CTH+65% RVC (D) CTH+35% RVC (U) Or CTH+45% RVC (D) CTH+60% RVC (D) CTH+55% RVC (D) CTH 8466 USA-PER (1 Feb 2009) CTH+35% RVC (U) Or CTH+45% RVC (D) CTH 8456, 8462 84648465 A change to heading 8466 from any other heading, provided that there is a RVC of not less than 35% based on the build-up method or 45% based on the build-down method. A change to heading 8456 through 8463 from any other heading, provided there is a RVC of not less than 65% based on the build down method. A change to heading 8464 through 8465 from any other heading. 8466 USA-KOR (Signed on 30 June 2007 but not yet entered into force) Comments that 8466 USA-AUS (1 Jan 2005) Tariff shift supplemented by RVC A change from any other heading. CTH+35% RVC (U) Or CTH+45% RVC (D) CTH+65% RVC (D) CTH 8466 A change from any other heading, provided that there is a RVC of not less than 35% under the build-up method or 45% under the build-down method. 17 CTH+35% RVC (U) Or CTH+45% RVC (D) Agreement (Date of Entry into Force 22) PER-SGP (1 Aug 2009) CAN-PER (1 Aug 2009) CAN-CHL (5 Jul 1997) 25 Tariff item Tariff only 8456 A change from any other heading. 8457.10, 8460.29, 8461.50, 8462.29, 8464.20, 8466.10, 8466.20, 8466.91, 8466.93, 8466.94 8457.208460.19, 8460.318461.40, 8461.908462.21, 8462.318464.10, 8464.908465.99, 8466.30, 8466.92 84568466 A change from any other subheading 8456.10, 8463 8458.11, 8458.91, 8459.21, 8459.31, 8459.408459.51, 8459.61, 8459.70.a a, 8460.11, 8460.21, 8460.31, 8460.40.a a, 8460.90.a a, 25 shift Regional value content (RVC) only A change from any other subheading Change from any other heading. Change from any other heading, except from more than TWO of certain tariff items which are listed. Change from any other heading, except from more than THREE of certain tariff items which are listed. Tariff shift supplemented by RVC Comments Or No change in tariff classification is required, provided that there is a qualifying value content of not less than 45%. Or No change in tariff classification is required, provided that there is a qualifying value content of not less than 40%. CTH Or 45% RVC Or No change in tariff classification is required, provided that there is a qualifying value content of not less than 45%. CTSH Or 45% RVC CTSH Or 40% RVC CTH CTH CTH On January 1, 2005, Canada and Chile implemented technical rectifications to the CCFTA rules of origin and regulations to take into account changes in the current tariff schedules of both economies that are the result of Amendments to the Harmonized System that came into effect on January 1, 2002 . 18 Agreement (Date of Entry into Force 22) Tariff item 8461.20.a a, 8461.30.a a, 8461.50.a a, 8461.90.a a 8458.19, 8458.99, 8459.10, 8459.29, 8459.39, 8459.59, 8459.69, 8459.70, 8460.19, 8460.29, 8460.39, 8460.40, 8460.90, 8462.10, 8462.29, 8462.39, 8462.49, 8462.91, 8462.99 8461.20, 8461.30, 8461.40, 8461.50, 8461.90 8462.21, 8462.31, 8462.41, 8462.91.a a, 8462.99.a a 8464 8465 Tariff only shift Regional value content (RVC) only Tariff shift supplemented by RVC Comments Change from any other heading, except from more than ONE of certain tariff items which are listed. CTH Change from any other heading, except from a certain tariff item which is listed. 8466.93.aa Change from any other heading, except from more than FOUR of certain tariff items which are listed. A change from any other heading, except from subheading 8466.91. CTH CTH A change from 8466.91, whether or not there is also a change from any other heading, provided there is a RVC of not less than: (a) 35% where the transaction value method is used, or (b) 25% where the net cost method is used. A change to heading 84.65 from subheading 8466.92, whether or not there is also a change from any other heading, provided there is a RVC of not less than: (a) 35% where the transaction value method is used, or (b) 25% where the net cost method is used. A change from any other heading, except from subheading 8466.92. 19 CTH Or CTSH+ 35% RVC (V) Or CTSH+25% RVC (C) CTH Or CTSH+ 35% RVC (V) Or CTSH+25% RVC (C) Agreement (Date of Entry into Force 22) CHL-MEX (1 Aug 1999) Tariff item Tariff only 8466 A change from any other heading. A change from any other heading, except from heading 8466. 8456.108456.99, 8458.198458.99, 8459.318459.70, 8460.118460.40, 8461.208461.40, 8461.90, 8462.10, 84638465 8457, 8458.11, 8459.108459.29, 8460.90, 8461.50, 8462.218462.99 8466 CHN-CHL (1 Oct 2006) 84568466 CHN-NZL (1 Oct 2008) 84568465 8466 CHN-PER (1 Mar 2010) CHN-HKG (1 Jan 2004) 27 84568466 shift Regional value content (RVC) only Tariff shift supplemented by RVC Comments CTH Or A change from heading 8466, whether or not there is also a change from any other heading, provided there is a RVC of not less than (a) 50% where the transaction value method is used, or (b) 40% where the net cost method is used. CTH Or CTSH+ 50% RVC (V) Or CTSH+40% RVC (C) A change from any to other heading, except from 8466.93.aa. CTH A change from any to other heading, except from 8466.94.aa. A change from any other heading. CTH CTH Change from any other heading provided there is a RVC of not less than 40%. Change from any other heading. A change from any other heading. No specific provisions. The general rule is 40% RVC. 26 CTH+40% RVC CTH CTH 84568465 Not available. Only 8458.1100, 8458.1900, 8460.3900, 8465.1000, 26 Free Trade Agreement Between the Government of the People Republic of China and the Government of the Republic of Chile, Article 15 (c): “For the purpose of this Agreement, a good shall be regarded as originating in China or in Chile when (c) The good is produced in the territory of one or both Parties, using non-originating materials that conform to a regional value content not less than 40%, except for the goods listed in the Annex 3, which must comply with the requirements specified therein.” 27 This is based on the 31 Dec 2010 updated version. 20 Agreement (Date of Entry into Force 22) Tariff item 8466 CHN-SGP (1 Jan 2009) 84568466 JPN- MEX (1 Apr 2005) 84568458 8459.10-8 459.70 84608463 8464 8465 8466 JPN-MYS (13 Jul 2006) 84568466 Tariff only shift Regional value content (RVC) only Tariff shift supplemented by RVC Comments 8465.9100, 8465.9200, 8465.9300, 9465.9500, 8465.9900 are required to do metal working and assembling, and to fulfill the value-added content requirement (≧ 30%). CTH (Only 8466.9200) 8466.9200-Change in Tariff Heading No specific provision. The general rule is 40% RVC. CTH A change to heading 8456 through 8458 from any other heading. A change to subheading 8459.10 through 8459.70 from any other heading. Or A change to subheading 8459.10 through 8459.70 from any other subheading, whether or not there is also a change from any other heading, provided there is a RVC of not less than 50%. A change to heading 8460 through 8463 from any other heading. A change to heading 8464 from any other heading, except from subheading 8466.91. A change to heading 8465 from any other heading, except from subheading 8466.92. A change to heading 8466 from any other heading A change to subheading 8401.10 CTH Or CTSH+50% RVC CTH Or A change to heading 84641 from subheading 8466.91, whether or not there is also a change from any other chapter, provided there is a RVC of not less than 50%. A change to heading 8465 from subheading 8466.92, whether or not there is also a change from any other heading, provided there is a RVC of not less than 50%. CTH Or CTSH+50%R VC CTH Or CTSH+50%R VC CTH No required change in tariff classification to subheading 8401.10 through 8485.90, 21 CTSH Or 40% RVC Agreement (Date of Entry into Force 22) Tariff item JPN-SGP 28. (30 Nov 2002) 84568466 JPN-PHL (11 Dec 2008) 84568466 JPN-CHL (3 Sep 2007) 84568465 8466 JPN-BRN (31 Jul 2008) 84568466 JPN-THA (1 Nov 2007) 84568466 JPN-IDN (1 Jul 2008) 84568466 28 Tariff only shift Regional value content (RVC) only through 8485.90 from any other subheading A change to subheading 8201.10 through 8215.99 from any other subheading. A change to subheading 8455.90 through 8466.94 from any other heading. A change to heading 8456 through 8465 from any other heading, except from heading 8466. Tariff shift supplemented by RVC Comments provided there is a qualifying value content of not less than 40%. A change to heading 8466 from any other heading. A change to subheading 8401.10 through 8473.29 from any other subheading. A change to subheading 8455.90 through 8466.94 from any other heading. A change to subheading 8401.10 through 8485.90 from any other subheading. Or No required change in tariff classification to subheading 8401.10 through 8473.29, provided that there is a qualifying value content of not less than 40%. No required change in tariff classification to subheading 8455.90 through 8466.94, provided that there is a qualifying value content of not less than 40%. CTSH Or 40% RVC Or No required change in tariff classification to heading 8456 through8465, provided there is a qualifying value content of not less than 45% when the build-down method is used, or of not less than 30% when the build-up method is used. CTH Or 45% RVC(D) Or 30% RVC(U) CTH Or 40% RVC CTH No required change in tariff classification to subheading 8401.10 through 8473.29, provided there is a qualifying value content of not less than 40%. CTSH Or 40% RVC No required change in tariff classification to subheading 8455.90 through 8466.94, provided that there is a qualifying value content of not less than 40%. CTH Or 40% RVC No required change in tariff classification to subheading 8401.10 through 8485.90, provided that there is a qualifying value content of not less than 40% . CTSH Or 40% RVC JSEPA was reviewed in 2007, and its product specific rule was also revised. The new rule came into effect on 1 Jan 2008. Before the revision, there was no specific provision for 8456-8466, and the general rule (60% RVC) was applied. JSEPA Article 23.5 (b): “[A] material shall be considered to have satisfied the requirements of this subparagraph if (i) the content of the value of the material that can be attribute to one or both of the Parties is not less than 60% of the total value of the material; and the material has undergone it s last production or operation in the territory of either Party .” 22 Agreement (Date of Entry into Force 22) JPN-VNM (1 Oct 2009) Tariff item AUS-THA (1 Jan 2005) 84568463 8466 AUS-SGP (28 Jul 2003) 84568466 AUS-NZL (G) (1 Jan 1983) 29 84568465 AUS-CHL (6 Mar 2009) 84568465 8466 8466 AUS-PNG (1 Feb 1977) 84568466 ASEAN (28 Jan 1992) ASEAN-CH N (G) (1 Jan 2005) 84568466 30 31 shift Regional value content (RVC) only Tariff shift supplemented by RVC 84568466 84648465 29 Tariff only Change from any heading, provided there is a RVC of not less than 45%. A change from any other heading. A change from any other heading. Change any heading. Change any heading. from other Change any heading. Change any heading. from other Comments No specific provisions. The general rules are 40% RVC or CTH. CTH+45% RVC CTH Or A RVC of not less than 45 %, whether or not there is a change in tariff classification. CTH Or 45% RVC No specific provision. The general rule is 50% RVC. CTH from other Or A RVC of not less than 35% based on the build-up method or 45% based on the build-down method, whether or not there is a change in tariff classification. CTH Or 35% RVC (U) Or 45% RVC (D) CTH from other Or A RVC of not less than 40% whether or not there is a change in tariff classification. Change from any other subheading. 40% RVC 84568466 CTH Or 40% RVC. No specific provision. The general rule is 50% RVC 30. CTSH Or 40% RVC. No specific provision. The general rule is 40% RVC. 31 The new Rule of Origin went into effect on 1 Jan 2007. Free Trade Agreement Between Australia and Papua New Guinea, Article 4.1 (b)( ii)(C): “Partly on such material and partly on such other items of factory cost, is not less than one-half of the factory or works costs at the time of exportation.” ASEAN and China have only adopted Product Specific Rules (PSR) for the following products so far: textiles and apparel, plastic products, footwear products, iron and steel products, preserved fish canned products, palm oil and ice cream, and jewelry products. 23 Agreement (Date of Entry into Force 22) ASEANAUS-NZL (1 Jan 2010) Tariff item ASEAN-JP N (1 Dec 2008) 84568466 ASEAN-KO R (Jun 2007) 84568466 Asia Pacific Trade Agreement (APTA) 32 (17 Jun 1976) NZL-THA (1 Jul 2005) 84568466 P4 (Brunei, Chile, New Zealand, Singapore) (28 May 2006) 84568466 NZL-SGP (1 Jan 2001) 84568466 NZL-MYS (1 Aug 2010) NZL-HKG (1 Jan 2011) 84568466 33 shift Regional value content (RVC) only Tariff shift supplemented by RVC 84568466 84568466 Comments No specific provision. The general rules are 40% RVC of FOB, and the final process of production is performed within a Party. No specific provision. The general rule is 40% RVC or CTH. No specific provision. The general rule is 40% RVC (FOB) or CTH. No specific provision. The general rule is 45% RVC 33. Change from any other heading. Change from any other heading, including another heading within that group CTH CTH No specific provisions. The general rule is 40% RVC. CTH 84568465 8466 32 Tariff only Change from any other heading provided there is a RVC of not less than 40%. Change from any other heading. CTH+40% RVC CTH The member economies are Bangladesh, China, India, Republic of Korea, Lao People’s Democratic Republic, and Sri Lanka. APTA Annex II, Rule 3 (a): “products worked on or processed as a result of which t he total value of the materials, parts or produce originating from non -Participating States or of undetermined origin used does not exceed 55% of the f.o.b. value of the products produced or obtained and the final process of manufacture is performed within the territory of the exporting Participating State shall be eligible for preferential concessions.” 24 Agreement (Date of Entry into Force 22) KOR-CHL (1 Apr 2004) 34 KOR-SGP (2 Mar 2006) Tariff item Tariff only 84568465 A change to heading 8456 through 8465 from any other heading, except from heading 8466. 8466 A change to heading 8466 from any other heading. Regional value content (RVC) only 8465 8466 Tariff shift supplemented by RVC Comments Or A change to heading 8456 through 8465 from heading 8466, provided there is a RVC of not less than 45% when the build-down method is used, or of not less than 30% when the build-up method is used. CTH Or CTH+45% RVC (D) Or CTH+35% RVC (U) CTH 8456.108456.30, 84578463 8456.90 8464 34 shift A change from any other heading except from 8466.91 A change from any other heading except from 8466.92 A change from any other heading. A change from any other heading provided it has a RVC of not less than 50%. CTH+50% RVC A change from any other heading provided it has a RVC of not less than 45%. Or A change from any other heading provided it has a RVC of not less than 50%. CTH+45% RVC Or A change from any other heading provided it has a RVC of not less than 50%. CTH Or CTH+50% CTH Or CTH+50% CTH The basis for tariff classification in this Specific Rules of Origin is the Harmonized System as amended on 1 Jan 2007. 25 Table 6: Rules of Origin for Toys, Games (HS 9503-9505 35) Agreement (Date of Entry into Force) NAFTA (1 Jan 1994) Tariff item Tariff only 95039505 A change to subheading 9503.00 through 9505.90 from any other chapter USA-SGP (1 Jan 2004) 9503 A change to heading 9503 from any other chapter 9504.109504.30 A change to subheading 9504.10 through 9504.30 from any other subheading, including another subheading within that group. Change from any other subheading. CTSH Change from any other subheading, including another subheading within that group. A change CTSH 9504.409504.90 9505 USA-CHL 35 36 9501, shift Regional value content (RVC) only Tariff shift supplemented by RVC Comments Or A change to a good of any of subheadings 9503.00 through 9505.90 from within that subheading or any other subheading within chapter 95, including another subheading within that group, whether or not there is also a change from any other chapter, provided there is a RVC of not less than: 1) 60% where the transaction value (V) method is used, or 2) 50 % where the net cost © method is used. Or No required change in tariff classification provided there is a RVC of not less than 35% based on the build-up method or 45% based on the build-down method. CC 36 Or CTSH+60% RVC (V) Or CTSH+50% RVC © CC Or 35% RVC(U) Or 45% RVC(D) CTSH CC Due to the amendment of the Har monized System Nomenclature in 2007, the original HS 9501 -9502 in the 2002 version were deleted and put under HS 9503 in the 2007 version. Some FTAs have either adopted the latest HS version in their FTAs or revised their ROO, while still some FTAs adopt the 2002 version. Therefore, in this annex, ROOs of HS 9501 -9502 are still shown in some FTAs. CC denotes a change to the chapter, heading or subheading from any other chapter. This means that all non-originating materials used in the production of the good have undergone a change in tariff classification at the 2-digit level (i.e. a change in chapter) of HS. 26 Agreement (Date of Entry into Force) (1 Jan 2004) Tariff item Tariff only 95049505 from any other chapter. A change to subheading 9502.10 from any other heading. 9502.10 9502.919502.99 9503 (A) 9503 (B) USA-AUS (1 Jan 2005) 95039505 shift Regional value content (RVC) only A change to subheading 9502.91 through 9502.99 from any other heading. A change to dolls, whether or not dressed, of heading 9503 from any other good or heading 9503 or from any other heading. A change to dolls’ parts and accessories of heading 9503 from any other good of heading 9503, except from dolls whether or not dressed, or from any other heading. Or a change to any other good of heading 9503 from any other chapter. A change from any other chapter. Tariff shift supplemented by RVC Comments Or A change to subheading 9502.10 from any other subheading, provided that there is a RVC of not less than 1) 35% when the build-up method is used or 2) 45% when the build-down method is used. CTH Or CTSH+35% RVC (U) Or CTSH+45% RVC (D) CTH Or A change to dolls, whether or not dressed, of heading 9503 from dolls’ parts and accessories of heading 9503, provided that there is a RVC of not less than 35% based on the build-up method or 45% based on the build-down method. A) CTH Or CTSH+35% RVC (U) Or CTSH+45% RVC (D) B) CC or CTH CTSH Or CC CC 9503 A change to dolls’, whether or not dressed, of heading 9503 from dolls’ parts and accessories of heading 9503, 27 CTSH+35% RVC (U) Or CTSH+45% Agreement (Date of Entry into Force) Tariff item 9503 USA-KOR (Signed on 30 June 2007 but not yet entered into force) 95019505 USA-PER (1 Feb 2009) 95019505 PER-SGP (1 Aug 2009) 9503 9504 9505 CAN-PER (1 Aug 2009) CAN-CHL (5 Jul 1997) Tariff only shift Regional value content (RVC) only A change to dolls’ parts and accessories of heading 9503 from any other heading. A change to subheading 9501.00 through 9505.90 from any other subheading. A change to subheading 9501.00 through 9505.90 from any other subheading. A change from any other chapter. Tariff shift supplemented by RVC Comments provided that there is a RVC of not less than 35% based on the build-up method or 45% based on the build-down method. RVC (D) CTH A change from any other heading. A change from any other chapter. Or No change in tariff classification is required, provided that there is a RVC of not less than 35% based on the build-up method or 45% based on the build-down method. CTSH Or 35% RVC(U) Or 45% RVC(D) Or No change in tariff classification is required, provided that there is a RVC of not less than 35% under the build-up method or 45% under the build-down method. CTSH Or 35% RVC(U) Or 45% RVC(D) Or No change classification provided that qualifying value less than 45%. Or No change classification provided that qualifying value less than 40%. Or No change classification provided that qualifying value less than 50%. in CC Or 45% RVC in CTH Or 40% RVC in CC Or 45% RVC tariff is required, there is a content of not tariff is required, there is a content of not tariff is required, there is a content of not 9503- Change from within that heading or any other heading. CTH 9504.109505.90 Change from within any one these subheadings or any other subheading. Change from any other chapter. Change from CTSH 9501, 95039505 9502.10 CC Or 28 CC Agreement (Date of Entry into Force) Tariff item Tariff only shift Regional value content (RVC) only any other chapter. 9502.919502.99 CHL-MEX (1 Aug 1999) CHN-CHL (1 Oct 2006) CHN-NZL (1 Oct 2008) 9501, 9502.919502.99, 95039505 9502.10 95049505 CHN-PER (1 Mar 2010) 95039505 CHN-HKG (1 Jan 2004) CHN-SGP (1 Jan 2009) 95039505 95039505 JPN- MEX (1 Apr 2005) 9501 9502.10 Comments A change to subheading 9502.10 from subheading 9502.91 through 9502.99, whether or not there is also a change from any other chapter, provided there is a RVC of not less than 60% where the transaction value (V) method is used, or 50% where the net cost (C) method is used. Or CTSH+60% RVC(V) Or CTSH+50% RVC (C) A change from any other heading. A change from any other chapter. CTH CC A change from any other chapter. 95019503 95049505 9503 Tariff shift supplemented by RVC Or A change from subheading 9502.91 through 9502.99, whether or not there is also a change from any other chapter, provided there is a RVC of not less than (a) 50% where the transaction value (V) method is used, or (b) 40% where the net cost (C) method is used. 50%RVC CC Or CTSH+50% RVC(V) Or CTSH+40% RVC (C) 50% RVC No specific provisions. The general rule is 40% RVC. CC Change from any other chapter Change from any other heading. A change from any other chapter. CTH Or No change in tariff classification is required, provided there is a RVC of not less than 50%. CC Or 50% RVC N/A No specific provision. The general rule is 40% RVC. A change to heading 9501 from any other chapter. A change to subheading CC Or A 29 change to subheading CC Or Agreement (Date of Entry into Force) Tariff item Tariff only shift Regional value content (RVC) only 9502.10 from any other chapter. 9502.91-9 502.99 95039505 A change to subheading 9502.91 through 9502.99 from any other heading. A change to heading 9503 through 9505 from any other chapter. A change to subheading 9501.00 through 9508.90 from any other subheading A change from any other subheading. JPN-MYS (13 Jul 2006) 95019505 JPN-SGP 37. (30 Nov 2002) 95019505 JPN-PHL (11 Dec 2008) 95019505 A change from any other chapter. JPN-CHL (3 Sep 2007) 9501 A change to heading 9501 from any other chapter. 9502.10 A change to subheading 9502.10 from any other chapter. 37 Tariff shift supplemented by RVC Comments 9502.10 from subheading 9502.91 through 9502.99, whether or not there is also a change from any other chapt er, provided there is a RVC of not less than 50%. CTSH+50% RVC CTH CC Or No required change in tariff classification to subheading 9501.00 through 9508.90, provided there is a qualifying value content of not less than 40%. CTSH Or 40% RVC No required change in tariff classification to subheading 9501.00 through 9508.90, provided that there is a qualifying value content of not less than 40%. Or No required change in tariff classification to heading 9501 through 9505, provided that there is a qualifying value content of not less than 40%. Or No required change in tariff classification to heading 9501, provided there is a qualifying value content of not less than 45% when the Build-down method is used, or of not less than 30% when the Build-up method is used. Or No required change in tariff classification to subheading 9502.10, provided there is a qualifying value content of not less than 45% when the Build-down method is used, or CTSH Or 40% RVC CC Or 40% RVC CC Or 45% RVC(D) Or 30% RVC(U) CC Or 45% RVC(D) Or 30% RVC(U) JSEPA was reviewed in 2007, and its product specific rule was also revised. The new rule came into effect on 1 Jan 2008. However, it is still based on the Harmonized System (HS) code amended on 1 Jan 2002 (the 2002 version). 30 Agreement (Date of Entry into Force) Tariff item Tariff only shift Regional value content (RVC) only Tariff shift supplemented by RVC Comments of not less than 30% when the Build-up method is used. 9502.91-9 502.99 95039505 A change to subheading 9502.91 through 9502.99 from any other heading. A change to heading 9503 through 9508 from any other chapter. JPN-BRN (31 Jul 2008) 95019505 JPN-THA (1 Nov 2007) 95019505 JPN-IDN (1 Jul 2008) 95019505 JPN-VNM (1 Oct 2009) 95039505 AUS-THA (1 Jan 2005) 9501 9503.70-9 503.90 Change from any chapter. 9502.10 Change from any chapter. 9502.91 9502.99 Change from any other CTH A change to subheading 9501.00 through 9508.90 from any other subheading. A change to heading 9501 through 9508 from any other heading. A change to subheading 9501.00 through 9508.90 from any other subheading. Or No required change in tariff classification to heading 9503 through 9508, provided there is a qualifying value content of not less than 45% when the Build-down method is used, or of not less than 30% when the Build-up method is used. Or No required change in tariff classification to subheading 9501.00 through 9508.90, provided there is a qualifying value content of not less than 40%. CC Or 45% RVC(D) Or 30% RVC(U) No required change in tariff classification to heading 9501 through 9508, provided that there is a qualifying value content of not less than 40%. CTH Or 40% RVC No required change in tariff classification to subheading 9501.00 through 9508.90, provided that there is a qualifying value content of not less than 40% . CTSH Or 40% RVC CC Or 40% RVC No specific provisions. The general rules is 40% RVC or CTH. CC Change to subheading 950210 from subheading 950291 through 950299, whether or not there is also a change from any other chapter provided there is a RVC of not less than 45 percent. CC Or 45% RVC CTH 31 Agreement (Date of Entry into Force) AUS-SGP (28 Jul 2003) AUS-NZL (G) (1 Jan 1983) AUS-CHL (6 Mar 2009) Tariff item Tariff only 9503.41 9503.49 9503.10 9503.20 9503.50 9503.60 95049505 95039505 heading. 9503 Change to heading 9503 from any other heading. 95049505 Change from any other subheading. Change from any other heading. 9503 95049505 AUS-PNG (1 Feb 1977) 95039505 ASEAN (28 Jan 1992) 95039505 ASEAN-CHN (G) (1 Jan 2005 ) 95039505 ASEANAUS-NZL (1 Jan 2010) 95039505 ASEAN-JPN (1 Dec 2008) 95039505 shift Regional value content (RVC) only Tariff shift supplemented by RVC Change from any other subheading. Comments CTSH Or A RVC of not less than 35% based on the build-up method or 45% based on the build-down method, whether or not there is a change in tariff classification. Or A RVC of not less than 40% whether or not there is a change in tariff classification. Change from any other subheading. No specific provision. The general rule is 50% RVC. CTH Or 35% RVC (U) Or 45% RVC (D) CTSH CTH Or 40% RVC. CTSH No specific provision. The general rule is 50% RVC. No specific provision. The general rule is 40% RVC. No specific provision. The general rule is 40% RVC. No specific provision. The general rules are 40% RVC of FOB, and the final process of production is performed within a Party. No specific provision. The general rule is 40% 32 Agreement (Date of Entry into Force) Tariff item ASEAN-KOR (Jun 2007) 95039505 APTA (17 Jun 1976) 95039505 NZL-THA (1 Jul 2005) 9501 P4 (Brunei, Chile, New Zealand, Singapore) (28 May 2006) 9502, 9503.419503.90, 9503.70, 9503.80, 9503.90, 95049505 9503.10, 9503.20, 9503.30, 9503.50, 9503.60 9501 9503 9505 9504 9503 Comments RVC or CTH. No specific provision. The general rule is 40% RVC (FOB) or CTH. No specific provision. The general rule is 45% RVC. CC CTH CTSH Change from any other chapter. Change from any other heading. Change from any other chapter. NZL-MYS (1 Aug 2010) Tariff shift supplemented by RVC Change from any other subheading. 9502.91 9502.99 95039505 Regional value content (RVC) only Change from any other chapter. Change from any other heading. Change from any other heading. NZL-SGP (1 Jan 2001) 38 shift 9502.10 95039505 NZL-HKG (1 Jan 2011) Tariff only Or A change of chapter is not required provided there is a RVC of not less than 45%. Or A change of chapter is not required provided there is a RVC of not less than 45%. CC Or 45% RVC CTH Or 45% RVC CTH CC No specific provisions. The general rule is 40% RVC. CTH QVC (40) 38 CTH Change from any other chapter. CTH Or 40% RVC CC QVC(40) means that the good must have a qualifying value con tent of not less than 40% as calculated under Article 3.4 33 Agreement (Date of Entry into Force) KOR-CHL (1 Apr 2004) Tariff item Tariff only 95049505 Change from any other heading. A change from any other heading. 9501, 9502.919502.99, 9504.209504.40, 9505 9502.10 9503, 9504.10, 9504.90 KOR-SGP (2 Mar 2006) 9503 (A) 9503 (B) shift Regional value content (RVC) only Tariff shift supplemented by RVC Comments CTH CTH A change from any other chapter. Or A change from any other subheading provided there is a RVC of not less than 45% when the build-down method is used, or of not less than 30% when the build-up method is used. A change from any other chapter. A change to wheeled toys designed to be ridden by children or dolls’ carriages of heading 9503 from dolls representing only human beings, other toys; reduced-size (“scale”) models and similar recreational models, working or not; puzzles of all kinds of heading 9503 or from any other heading. A change to dolls representing only human beings of heading 9503 from wheeled toys designed to be ridden by children or doll’s carriages, other toys; reduced-size (“scale” CC Or CTSH+45% RVC (D) Or CTSH+35% RVC (U) CC CTH CTH 34 Agreement (Date of Entry into Force) Tariff item 9503 (C) 95049505 Tariff only shift Regional value content (RVC) only models and similar recreational models, working or not; puzzles of all kinds of heading 9503 or from any other heading. A change to other toys; reduced-size (“scale”) models and similar recreational models, working or not; puzzles of all kinds of heading 9503 from wheeled toys designed to be ridden by children or doll’s carriages or dolls representing only human beings of heading 9503 or from any other heading. Tariff shift supplemented by RVC Comments CTH A change from any other heading. CTH 35 Table 7: List of Exporters of Machine-Tools and Parts (HS8456~8466), 2007-2009 Rank in value of 2009 exports 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Economy World Germany Italy Japan United States of America Switzerland China Chinese Taipei Republic of Korea Austria France Spain Belgium United Kingdom Czech Republic Canada Netherlands Singapore Sweden Hong Kong, China Turkey APEC 2007 73,773 14,724 8,312 11,567 2008 82,761 16,607 9,273 12,648 2009 50,073 10,920 6,010 5,714 2007 100.00 19.96 11.27 15.68 2008 100.00 20.07 11.20 15.28 2009 100.00 21.81 12.00 11.41 2007 74,155 5,804 2,811 1,559 2008 81,272 6,752 3,185 1,602 2009 48,608 3,768 1,487 876 Trade balance (Mil,US$) 2009 1,465 7,151 4,523 4,837 5,128 5,500 3,861 6.95 6.65 7.71 8,064 8,632 4,818 4,858 3,218 4,931 2,142 1,648 1,689 1,372 1,570 1,543 1,100 917 745 958 788 941 540 30,922 5,676 4,197 5,064 2,279 1,990 1,928 1,596 1,911 1,501 1,324 1,050 1,198 1,018 915 880 674 33,694 3,017 2,709 2,541 1,517 1,333 1,249 1,241 1,045 940 871 715 670 620 548 449 395 18,848 6.59 4.36 6.68 2.90 2.23 2.29 1.86 2.13 2.09 1.49 1.24 1.01 1.30 1.07 1.28 0.73 41.92 6.86 5.07 6.12 2.75 2.40 2.33 1.93 2.31 1.81 1.60 1.27 1.45 1.23 1.11 1.06 0.81 40.71 6.03 5.41 5.08 3.03 2.66 2.49 2.48 2.09 1.88 1.74 1.43 1.34 1.24 1.09 0.90 0.79 37.64 1,629 9,421 3,926 1,855 1,197 2,532 1,503 1,781 2,196 1,031 1,821 726 913 851 922 1,252 35,238 1,926 9,810 2,668 1,817 1,481 2,884 1,365 2,024 1,930 1,179 1,734 1,249 932 1,018 805 1,432 35,608 1,184 7,528 562 1,572 962 1,743 610 1,093 1,039 542 1,091 679 626 625 448 681 22,178 Value exported (Mil,US$) Share in world exports (%) Data Source: Trade Map, ITC. *The rows with gray color are trade of the APEC members. 36 Value imported (Mil,US$) Annual growth in value by exporters (%) 2007 6.52 16.17 19.57 -9.71 2008 12.18 12.79 11.56 9.34 2009 -39.50 -34.25 -35.19 -54.82 -957 -39.58 7.26 -29.80 1,833 -4,818 1,979 -55 371 -494 631 -48 -100 329 -376 -9 -6 -76 1 -286 -3,162 21.18 43.09 14.98 8.82 34.06 16.01 27.77 26.35 -0.30 40.53 19.66 27.45 -6.82 22.74 16.88 47.80 -7.40 16.83 30.43 2.70 6.40 20.76 14.16 16.28 21.72 -2.67 20.40 14.43 60.80 6.34 16.08 -6.46 24.81 -73.17 -46.85 -35.45 -49.81 -33.44 -32.99 -35.21 -22.22 -45.30 -37.40 -34.20 -31.85 -44.06 -39.09 -40.11 -48.96 -41.36 -97.40 Table 8:List of Major Exporters of Toys and Games (HS9503~9505), 2007-2009 Rank in value of 2009 exports 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Economy 2008 73,313 24,666 13,615 7,948 2009 61,093 19,355 12,175 6,465 2007 100.00 33.03 19.92 9.56 2008 100.00 33.64 18.57 10.84 2009 100.00 31.68 19.93 10.58 2007 85,407 881 10,674 6,336 2008 97,427 746 12,465 7,660 2009 83,793 671 10,671 7,488 Trade balance (Mil,US$) 2009 -22,700 18,685 1,503 -1,023 5,443 4,964 8.16 7.42 8.13 26,269 26,981 23,134 3,529 2,886 2,002 1,440 1,412 1,022 814 1,097 746 753 669 579 491 479 333 175 51,634 2,801 1,829 1,552 1,253 1,212 994 800 723 682 679 589 543 398 373 341 259 42,817 2.17 5.19 2.11 2.00 2.41 1.59 1.18 1.39 1.02 1.14 1.10 0.99 0.70 0.61 0.41 0.27 73.13 4.81 3.94 2.73 1.96 1.93 1.39 1.11 1.50 1.02 1.03 0.91 0.79 0.67 0.65 0.45 0.24 70.43 4.58 2.99 2.54 2.05 1.98 1.63 1.31 1.18 1.12 1.11 0.96 0.89 0.65 0.61 0.56 0.42 70.09 1,485 5,291 2,046 777 5,768 1,374 3,426 825 3,282 2,320 1,842 311 705 518 523 499 51,959 4,754 4,709 2,698 872 5,969 1,517 4,140 1,107 3,483 2,462 2,135 302 814 626 735 603 55,518 3,296 4,487 2,033 719 5,135 1,389 3,440 831 3,002 1,680 2,069 249 624 500 637 539 48,035 Value exported (Mil,US$) 2007 World 61,220 China 20,222 Hong Kong, China 12,194 Germany 5,854 United States of 4,996 America Netherlands 1,330 Japan 3,179 Mexico 1,293 Czech Republic 1,224 United Kingdom 1,476 Belgium 976 France 720 Austria 853 Canada 627 Spain 700 Italy 674 Chinese Taipei 609 Denmark 429 Singapore 376 Sweden 251 Republic of Korea 162 APEC 44,770 Share in world exports (%) Data Source: Trade Map, ITC. *The gray color denotes APEC members 37 Value imported (Mil,US$) Annual growth in value by exporters (%) 2007 26.59 18.39 23.21 43.33 2008 19.75 21.97 11.65 35.76 2009 -16.67 -21.53 -10.58 -18.65 -18,169 49.79 8.96 -8.80 -495 -2,658 -481 534 -3,923 -395 -2,639 -108 -2,320 -1,001 -1,479 294 -227 -127 -296 -280 -5,218 13.92 45.07 118.21 51.74 33.43 26.62 3.35 14.43 25.31 19.20 5.46 9.14 55.71 47.99 16.00 -7.89 25.68 165.33 -9.22 54.86 17.61 -4.38 4.70 12.99 28.49 19.06 7.64 -0.68 -4.94 14.55 27.55 32.88 7.55 -73.17 -20.64 -36.62 -22.48 -13.01 -14.13 -2.68 -1.64 -34.05 -8.55 -9.87 -11.91 -6.08 -19.02 -22.17 2.51 48.31 -97.40
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