Not Wholly Obtained or Produced Goods. 1. A good shall be deemed to be originating if:
(a) not less than 40 per cent of its content originates from the country a Party; or
(b) the total value of the materials, parts or produce originating from outside of the territory of the country of a Party does not exceed 60 per cent of the FOB value of the good so produced or obtained; or
(c) the final good undergoes a change of tariff heading, where the Harmonized System classification of the final good is different from the Harmonized System classification of all non-originating or undetermined materials used in the production of such final good. For the purposes of this subparagraph, “change of tariff heading” means a change in tariff classification at the four digit level of the Harmonized System.
Not Wholly Obtained or Produced Goods. 4 “Other products” refers to minerals and other naturally occurring substances extracted from the waters, seabed or beneath the seabed outside the territorial waters.
Not Wholly Obtained or Produced Goods. (a) For the purposes of Article 26(b), goods shall be deemed to be originating in the Member State where working or processing of the goods has taken place:
(i) if the goods have a regional value content (hereinafter referred to as “ASEAN Value Content” or the “Regional Value Content (RVC)”) of not less than forty percent (40%) calculated using the formula set out in Article 29; or
(ii) if all non-originating materials used in the production of the goods have undergone a change in tariff classification (hereinafter referred to as “CTC”) at four-digit level (i.e. a change in tariff heading) of the Harmonized System.
(b) Each Member State shall permit the exporter of the good to decide whether to use paragraph 1(a)(i) or 1(a)(ii) of this Article when determining whether the goods qualify as originating goods of the Member State.
(a) Notwithstanding paragraph 1 of this Article, goods listed in Annex 3 shall qualify as originating goods if the goods satisfy the product specific rules set out therein.
(b) Where a product specific rule provides a choice of rules from a RVC-based rule of origin, a CTC-based rule of origin, a specific manufacturing or processing operation, or a combination of any of these, each Member State shall permit the exporter of the goods to decide which rule to use in determining whether the goods qualify as originating goods of the Member State.
(c) Where product specific rules specify a certain RVC, it is required that the RVC of a good is calculated using the formula set out in Article 29.
(d) Where product specific rules requiring that the materials used have undergone CTC or a specific manufacturing or processing operation, the rules shall apply only to non-originating materials.
3. Notwithstanding paragraphs 1 and 2 of this Article, a good which is covered by Attachment A or B of the Ministerial Declaration on Trade in Information Technology Products adopted in the Ministerial Conference of the WTO on 13 December 1996, set out as Annex 4, shall be deemed to be originating in a Member State if it is assembled from materials covered under the same Annex.
Not Wholly Obtained or Produced Goods. 1. For the purposes of Article 4.2(b), goods shall be deemed to be originating in the Party where working or processing of the goods has taken place:
(a) if the goods have a regional value content (RVC) of not less than forty percent (40%) calculated using the formula set out in Article 4.5; or
(b) if all non-originating materials used in the production of the goods have undergone a change in tariff classification (hereinafter referred to as “CTC”) at four- digit level (i.e. a change in tariff heading) of the Harmonized System.
2. Each Party shall permit the exporter of the goods to decide whether to use paragraphs 1(a) or 1(b) when determining whether the goods qualify as originating goods of the Party.
3. Notwithstanding paragraph 1, goods shall qualify as originating goods if the goods satisfy the product specific rules as specified in Annex 4-B.
4. Where a product specific rule provides a choice of rules from a RVC-based rule of origin, a CTC-based rule of origin, or a combination of any of these, each Party shall permit the exporter of the goods to decide which rule to use in determining whether the goods qualify as originating goods of the Party.
5. Where product specific rules requiring that the materials used have undergone CTC, the rules shall apply only to non-originating materials.
Not Wholly Obtained or Produced Goods. 1. For the purposes of subparagraph 1(b) of Article 3.1, goods which are not wholly obtained, as provided for in Annex 3-A, shall be deemed to be originating when the conditions set out in the Annex 3-A are satisfied.
2. The formula for calculating the regional value content (hereinafter referred to as „‟RVC‟‟) will be either3 :
(a) Direct / Build-Up Method 1 The Parties understand that for the purposes of determining the origin of products of sea-fishing and other products, “rights” in this subparagraph include those rights of access to the fisheries resources of a coastal state, as accruing from agreements or other arrangements concluded between a Party and the coastal state at the level of governments or duly authorized private entities. 2 “International law” in this subparagraph refers to generally accepted international law such as the United Nations Convention on the Law of the Sea.
Not Wholly Obtained or Produced Goods. 1. For the purposes of subparagraph (b) of Article 3.2 (Originating Goods), a good shall be deemed to be originating if the good satisfies any of the following:
(a) a Change in Tariff Heading (hereinafter referred to as “CTH”), which 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;
(b) a Qualifying Value Content (hereinafter referred to as “QVC”) of not less than 40% of the FOB value; or
(c) a QVC of not less than 35% of the Ex-Works value.
2. Notwithstanding paragraph 1, a good shall be deemed to be originating if the good satisfies the Product Specific Rules (hereinafter referred to as “PSR”). The Parties agree to develop and implement the Annex on PSR within 12 months from the date of entry into force of this Agreement.
3. For the purposes of paragraph 1, the QVC shall be calculated as follows:
(a) FOB QVC = FOB value - V.N.M / FOB value x100 or
(b) Ex-Works (EXW) QVC = EXW value - V.N.M / EXW value x 100 where : QVC is the qualifying value content of a good, expressed as a percentage; FOB is the Free on Board value of the finished good; EXW is the price paid for the good ex-works to the manufacturer in the Party in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the good obtained is exported; and VNM is the CIF value of the non-originating materials at the time of importation or the earliest ascertained price paid or payable in the Party where the production takes place for all non-originating materials, parts, or produce that are acquired by the producer in the production of the good. When the producer of a good acquires non originating materials within that Party the value of such materials shall not include freight, insurance, packing costs, and any other costs incurred in transporting the material from the supplier’s warehouse to the producer’s location.
Not Wholly Obtained or Produced Goods. 1. For the purposes of subparagraph (c) of Article 3 (Origin Criteria), except for those goods covered under paragraph 2, a good shall be treated as an originating good if the good has a regional value content (“Regional Value Content” or “RVC”) of not less than 40 per cent calculated using the formula set out in Article 6 (Calculation of Regional Value Content).
2. In accordance with paragraph 1, a good subject to the Product Specific Rules shall be treated as an originating good if it meets those Product Specific Rules as specified in Annex 3-2 (Product Specific Rules):
(a) Where a Product Specific Rule provides a choice of rules from a RVC-based rule of origin, a change in tariff classification (“CTC”)-based rule of origin, a specific manufacturing or processing operation, or a combination of any of these criteria, each Party shall permit the exporter of the good to decide which rule to use in determining whether the good qualifies as an originating good of the Party.
(b) Where a Product Specific Rule specifies a certain RVC, the RVC of a good shall be calculated using the formula set out in Article 6 (Calculation of Regional Value Content).
(c) Where a Product Specific Rule requires that the materials used have undergone CTC or a specific manufacturing or processing operation, the rules shall apply only to non- originating materials.
Not Wholly Obtained or Produced Goods. 1. For the purposes of this Agreement, a good, which has undergone sufficient production in the territory of a Party, as provided under this Article, shall be treated as an originating good of that Party.
2. A good is considered to have undergone sufficient production in the territory of a Party if:
(a) it satisfies the product-specific rule as set out in Annex 3A (Product-Specific Rules); or
(b) where there is no product-specific rule set out in Annex 3A (Product-Specific Rules), fulfils a qualifying value content of not less than 35% determined in accordance with Article 3.4.
Not Wholly Obtained or Produced Goods. 1. A good shall be deemed to be originating if:
(a) not less than 40 per cent of its content originates from the country a Party; or
(b) the total value of the materials, parts or produce originating from outside of the territory of the country of a Party does not exceed 60 per cent of the FOB value of the good so produced or obtained; or
(c) the final good undergoes a change of tariff heading, where the Harmonized System classification of the final good is different from the Harmonized System classification of all non-originating or undetermined materials used in the production of such final good. For the purposes of this subparagraph, "change of tariff heading" means a change in tariff classification at the four digit level of the Harmonized System.
2. To be deemed as originating under paragraph 1 of this Article the final process of manufacturing shall be performed within the territory of the country of the exporting Party.
3. The originating criteria set out in subparagraphs (a) and (b) of paragraph 1 of this Article shall be referred to as the Malaysia-Pakistan Closer Economic Partnership Agreement content (hereinafter referred to as "the MPCEPA content"). The formula for calculating the MPCEPA content is as follows: Non-MPCEPA content: Value of Value of Non- MPCEPA + materials of Materials undetermined origin X 100 % ≤ 60%FOB Price Therefore, the MPCEPA content: 100% minus non-MPCEPA content (%)≥ 40% 4. The value of the non-originating materials shall be:
(a) the CIF value at the time of importation of the materials, parts or produce; or
(b) the earliest ascertained price paid for the materials, parts or produce of undetermined origin in the territory of the country of the Party where the production takes place.
Not Wholly Obtained or Produced Goods. 1. For purposes of this Agreement, goods, which have undergone sufficient production in the territory of one or both Parties, as provided under this Article, shall be treated as originating goods of that Party.
2. A good is considered to have undergone sufficient production in the territory of one or both Parties if:
(a) it fulfills the product-specific rule as set out in Annex 3.1 (Exceptions for the General Rule of Origin under Article 3.5); or
(b) where there is no product-specific rule as set out in Annex 3.1 (Exceptions for the General Rule of Origin under Article 3.5), it shall undergo a change in tariff classification at the six digit level of the Harmonized System from that of the good (“change in tariff subheading”); or the good shall fulfill a qualifying value content of not less than 35% determined in accordance with Article 3.6 (Qualifying Value Content).
