Sufficient working or processing Sample Clauses
Sufficient working or processing. 1. Without prejudice to paragraph 3 of this Article and to Article 6, products which are not wholly obtained in a Party shall be considered to be sufficiently worked or processed when the conditions laid down in the list in Annex II for the goods concerned are fulfilled.
2. If a product which has obtained originating status in a Party in accordance with paragraph 1 is used as a material in the manufacture of another product, no account shall be taken of the non-originating materials which may have been used in its manufacture.
3. The determination of whether the requirements of paragraph 1 are met, shall be carried out for each product. However, where the relevant rule is based on compliance with a maximum content of non-originating materials, the customs authorities of the Parties may authorise exporters to calculate the ex-works price of the product and the value of the non-originating materials on an average basis as set out in paragraph 4, in order to take into account the fluc- tuations in costs and currency rates.
4. Where the second subparagraph of paragraph 3 applies, an average ex-works price of the product and average value of non-originating materials used shall be calculated respectively on the basis of the sum of the ex-works prices charged for all sales of the same products carried out during the preceding fiscal year and the sum of the value of all the non-originating materials used in the manufacture of the same products over the preceding fiscal year as defined in the exporting Party, or, where figures for a complete fiscal year are not available, a shorter period which should not be less than three months.
5. Exporters having opted for calculation on an average basis shall consistently apply such a method during the year following the fiscal year of reference, or, where appropriate, during the year following the shorter period used as a reference. They may cease to apply such a ▼M92 method where during a given fiscal year, or a shorter representative period of no less than three months, they record that the fluctuations in costs or currency rates which justified the use of such a method have ceased.
6. The averages referred to in paragraph 4 shall be used as the ex- works price and the value of non-originating materials, respectively, for the purpose of establishing compliance with the maximum content of non-originating materials.
Sufficient working or processing. 1. For the purposes of paragraph (b) of Article 3.2, a good which is not wholly obtained in a Party shall be deemed to have undergone sufficient working or processing in the exporting Party and considered originating there when the conditions laid down in the list in Annex 3A on Product Specific Rules of Origin (hereinafter referred to as “PSR”) for the concerned good are met.
2. The Qualifying Value Content (hereinafter referred to as “QVC”) of a good, specified in the PSR (Annex 3A), shall be calculated by using the following formula:
(a) 𝑄𝑉𝐶 = 𝐸𝑥𝑊𝑜𝑟𝑘𝑠 𝑝𝑟𝑖𝑐𝑒−𝑉.𝑁.𝑀 ∗ 100 where:
(i) Ex-Works price refers to the price paid for the good ex- works to the manufacturer in the Parties 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;
(ii) V.N.M. refers to the Customs value of the non-originating materials at the time of importation including the cost of transport and insurance incurred in transporting the material to the destination port in the importing Party, or the earliest ascertained price paid or payable for the materials of undetermined origin 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.
Sufficient working or processing. 1. Without prejudice to paragraph 3 of this Article and to Article 6, products which are not wholly obtained in the EEA shall be considered to be sufficiently worked or processed when the conditions laid down in the list in Annex II for the goods concerned are fulfilled.
2. If a product which has obtained originating status in the EEA in accordance with paragraph 1 is used as a material in the manufacture of another product, no account shall be taken of the non-originating materials which may have been used in its manufacture.
Sufficient working or processing. 1. A product obtained from non-originating materials shall be considered to have undergone sufficient working or processing if the applicable product-specific rule of Annex 3-B (Product- specific Rules) is fulfilled.
2. Singapore shall give due consideration to any request from MERCOSUR for Paraguay to benefit from more flexible rules than those set in Annex 3-B (Product-specific Rules), for manufactured products obtained from non-originating materials. Such consideration shall be given taking into account the following parameters:
a) the request shall have a clear implementation period;
b) the request shall be made up to 15 (fifteen) years after the entry into force of this agreement; and
c) the request shall be limited to an additional 5 (five) percentage points of maximum non- originating materials on a value rule, when applicable.
3. Notwithstanding paragraph 1, the operations defined in Article 3.5 (Insufficient working or processing) are considered as insufficient to obtain originating status.
4. The product-specific rules referred to in paragraph 1 indicate the working or processing which must be carried out on non-originating materials used in manufacturing and concern only such materials. It follows that if a product, which has acquired originating status in a Party in accordance with paragraph 1, is further processed in that Party and used as material in the manufacture of another product, no account shall be taken of the non-originating components of that material.
5. Notwithstanding paragraph 1, non-originating materials which do not fulfil the conditions set out in Annex 3-B (Product- specific Rules) may be used, provided that:
(a) their total value does not exceed 10% of the ex-works price of a product; and
(b) no maximum value or weight of non-originating materials set out in Annex 3-B (Product- specific Rules) is exceeded through the application of this paragraph. This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonized System.
6. Notwithstanding paragraph 1, tolerances stipulated in Notes 6 and 7 of Annex 3-A (Introductory Notes) shall apply for products falling within Chapters 50 to 63 of the Harmonized System.