Legislation, In force, Commonwealth
Commonwealth: Customs Tariff Act 1995 (Cth)
An Act to impose duties of Customs, to repeal the Customs Tariff Act 1987, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Customs Tariff Act 1995.
Customs Tariff Act 1995
No. 147, 1995
Compilation No. 95
Compilation date: 7 January 2025
Includes amendments: Act No. 117, 2024
This compilation is in 7 volumes
Volume 1: sections 1–22
Schedule 2
Schedule 3 (Chapters 1–15)
Volume 2: Schedule 3 (Chapters 16–38)
Volume 3: Schedule 3 (Chapters 39–59)
Volume 4: Schedule 3 (Chapters 60–73)
Volume 5: Schedule 3 (Chapters 74–97)
Volume 6: Schedules 4–15
Volume 7: Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Customs Tariff Act 1995 that shows the text of the law as amended and in force on 7 January 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
3A Act does not extend to Norfolk Island
4 Headings in Schedule 3
5 Items in Schedule 4
6 Tariff classification
7 Rules for classifying goods in Schedule 3
8 Application of Schedule 4
9 Rates of duty—ad valorem duties
10 Certain words etc. are rates of duty
11 Rates of duty—phasing rates
12 Classes of countries and places in relation to which special rates apply
13 When goods are the produce or manufacture of a particular country or place
13AA When goods are Singaporean originating goods
13A When goods are US originating goods
13B When goods are Thai originating goods
13C When goods are New Zealand originating goods
13CA When goods are Peruvian originating goods
13D When goods are Chilean originating goods
13E When goods are ASEAN‑Australia‑New Zealand (AANZ) originating goods
13EA When goods are Pacific Islands originating goods
13EB When goods are Trans‑Pacific Partnership originating goods
13F When goods are Malaysian originating goods
13FA When goods are Indonesian originating goods
13G When goods are Korean originating goods
13GA When goods are Indian originating goods
13H When goods are Japanese originating goods
13J When goods are Chinese originating goods
13K When goods are Hong Kong originating goods
13L When goods are Regional Comprehensive Economic Partnership (RCEP) originating goods
13M When goods are UK originating goods
14 Application of rates of duty in relation to countries and places
Part 2—Duties of Customs
15 Imposition of duties
16 Calculation of duty
16A Suspension of preferential tariff for UK originating goods—safeguard goods
16B Suspension of preferential tariff for Trans‑Pacific Partnership originating goods—safeguard goods imported from the United Kingdom
17 Rates for goods with constituents etc.
18 Calculation of concessional duty
18A Temporary increase in duties for goods from Russia or Belarus
18B Temporary decrease in duties for goods from Ukraine
19 Indexation of CPI indexed rates
19AAA Rounding of fuel duty rates
19AAB Change in fuel duty rates
19AABA Temporary reduction in indexed fuel duty rates
19AABB Temporary reduction in other duty rates
19AAC Fuel duty rates
19AA Alcohol duty rates
19AB Indexation of tobacco duty rates
19AC List of tobacco duty rates to be indexed under section 19AB
19ACA Other tobacco duty rates
19AD Change in duty rate of certain liquefied petroleum gases, liquefied natural gases and compressed natural gases
20 Duty where goods consist of certain containers and certain contents
Part 3—Miscellaneous
20A Regulations
21 Repeal of the Customs Tariff Act 1987 etc.
22 Transitional
Schedule 2—General rules for the interpretation of Schedule 3
Schedule 3—Classification of goods and general and special rates of duty
Section I—Live animals; animal products
Notes.
Chapter 1—Live animals
Note.
Chapter 2—Meat and edible meat offal
Note.
Chapter 3—Fish and crustaceans, molluscs and other aquatic invertebrates
Notes.
Chapter 4—Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included
Notes.
Subheading Notes.
Chapter 5—Products of animal origin, not elsewhere specified or included
Notes.
Section II—Vegetable products
Note.
Chapter 6—Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage
Notes.
Chapter 7—Edible vegetables and certain roots and tubers
Notes.
Chapter 8—Edible fruit and nuts; peel of citrus fruit or melons
Notes.
Chapter 9—Coffee, tea, mate and spices
Notes.
Chapter 10—Cereals
Notes.
Subheading Note.
Chapter 11—Products of the milling industry; malt; starches; inulin; wheat gluten
Notes.
Chapter 12—Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder
Notes.
Subheading Note.
Chapter 13—Lac; gums, resins and other vegetable saps and extracts
Note.
Chapter 14—Vegetable plaiting materials; vegetable products not elsewhere specified or included
Notes.
Section III—Animal, vegetable or microbial fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes
Chapter 15—Animal, vegetable or microbial fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes
Notes.
Subheading Notes.
Additional Note.
USER'S GUIDE
This Guide aims to give a general overview of the operation and organisation of this Act.
The operation of the Act
The Act imposes Customs duty on goods imported into Australia.
To work out the duty payable on particular goods reference must be made to a Principal Tariff that is set out in Schedule 3. This tariff classifies goods in accordance with Australia's international obligations as a party to the World Trade Organization Agreement.
Note: The text of the Agreement is set out in Australian Treaty Series 1995 No. 8. In 2004 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department's website.
The rate of duty applicable to particular goods is determined by the classification to which those goods belong and, in most cases, by reference to Schedule 3. However, the rate of duty for goods that are originating goods under a free trade agreement or other agreement between Australia and one or more other countries is determined under Schedules 4A to 15.
Under Schedule 4, goods imported into Australia in specified circumstances, including goods imported for use by particular persons or bodies or in particular industries, may be subject to a lesser rate of duty than the nominal rate applying under Schedule 3, 4A, 5, 6, 6A, 7, 8, 8A, 8B, 9, 9A, 10, 10A, 11, 12, 13, 14 or 15.
Rates of duty under Schedules 3, 4A, 5, 6, 6A, 7, 8, 8A, 8B, 9, 9A, 10, 10A, 11, 12, 13, 14 and 15, and concessional rates of duty under Schedule 4, may vary according to the date of importation of the goods concerned, the country or place from which the goods are imported, or both of these circumstances.
The organisation of the Act
The Act consists of 3 Parts and several Schedules.
Part 1 deals with key concepts required for an understanding of the organisation and operation of the Customs Tariff.
Part 2 imposes Customs duty and sets out the method for working out the duty that is payable in respect of particular goods.
Part 3 includes a regulation making power, repeals the Customs Tariff Act 1987 with effect from 1 July 1996 and provides details of its final operation.
Schedule 2 sets out the general rules of interpretation for deciding the tariff classification within the Principal Tariff to which goods belong.
Schedule 3 sets out the Principal Tariff.
Schedule 4 identifies classes of goods to which concessional rates may apply and specifies the concessional rates of duty potentially applicable to such classes.
Schedule 4A sets out the rate of duty for Singaporean originating goods.
Schedule 5 sets out the rate of duty for US originating goods.
Schedule 6 sets out the rate of duty for Thai originating goods.
Schedule 6A sets out the rate of duty for Peruvian originating goods.
Schedule 7 sets out the rate of duty for Chilean originating goods.
Schedule 8 sets out the rate of duty for ASEAN‑Australia‑New Zealand (AANZ) originating goods.
Schedule 8A sets out the rate of duty for Pacific Islands originating goods.
Schedule 8B sets out the rate of duty for Trans‑Pacific Partnership originating goods.
Schedule 9 sets out the rate of duty for Malaysian originating goods.
Schedule 9A sets out the rate of duty for Indonesian originating goods.
Schedule 10 sets out the rate of duty for Korean originating goods.
Schedule 10A sets out the rate of duty for Indian originating goods.
Schedule 11 sets out the rate of duty for Japanese originating goods.
Schedule 12 sets out the rate of duty for Chinese originating goods.
Schedule 13 sets out the rate of duty for Hong Kong originating goods.
Schedule 14 sets out the rate of duty for Regional Comprehensive Economic Partnership (RCEP) originating goods.
Schedule 15 sets out the rate of duty for UK originating goods.
An Act to impose duties of Customs, to repeal the Customs Tariff Act 1987, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Customs Tariff Act 1995.
2 Commencement
This Act commences on 1 July 1996.
3 Definitions
(1) In this Act, unless the contrary intention appears:
abbreviation, in relation to a country or place specified in Schedule 1 to the regulations, means the abbreviation specified in that Schedule opposite to the name of that country or place.
amount of duty includes no duty.
capable of being produced in Australia has the same meaning as in Part XVA of the Customs Act 1901.
Chapter means a Chapter of a Section in Schedule 3.
column means a column of a Schedule.
Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
constituent, in relation to goods, includes:
(a) a part, a component, or an ingredient, of the goods; and
(b) an accessory for the goods.
Convention means the International Convention on the Harmonized Commodity Description and Coding System done at Brussels on 14 June 1983.
Developing Country means:
(a) a country that is a Developing Country under paragraph 12(d); or
(b) a place that is treated as a Developing Country under paragraph 12(e); or
duty means a duty of Customs imposed by section 15.
Educational, Scientific and Cultural Materials Agreement means the Agreement on the Importation of Educational, Scientific and Cultural Materials, done at Florence on 17 June 1950.
Note: The text of the Agreement is set out in Australian Treaty Series 1992 No. 12 ([1992] ATS 12). In 2012, the text of an Agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Educational, Scientific and Cultural Materials Protocol means the Protocol to the Educational, Scientific and Cultural Materials Agreement, being the Protocol done at Nairobi on 26 November 1976.
Note: The text of the Protocol is set out in Australian Treaty Series 1992 No. 13 ([1992] ATS 13). In 2012, the text of a Protocol in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Forum Island Country means a country that is a Forum Island Country under paragraph 12(a).
general rate means a rate of duty other than a rate that applies in relation to a Preference Country.
heading means a heading in Schedule 3.
Interpretation Rules means the General Rules for the Interpretation of the Harmonized System provided for by the Convention, as set out in Schedule 2.
in the ordinary course of business has the same meaning as in Part XVA of the Customs Act 1901.
Least Developed Country means a country or place that is, or is treated as, a Least Developed Country under paragraph 12(b) or 12(c).
Preference Country means:
(b) Papua New Guinea; or
(c) a Forum Island Country; or
(d) a Least Developed Country; or
(e) a Developing Country; or
(f) Canada; or
(g) Singapore.
produced in Australia has the same meaning as in Part XVA of the Customs Act 1901.
rate column means:
(a) the third column of Schedule 3; or
(b) the third column of Schedule 4; or
(ba) the third column of the table in Schedule 4A; or
(c) the third column of the table in Schedule 5; or
(d) the third column of the table in Schedule 6; or
(da) the third column of the table in Schedule 6A; or
(e) the third column of the table in Schedule 7; or
(f) the third column of the table in Schedule 8; or
(fa) the third column of the table in Schedule 8A; or
(fb) the third column of the table in Schedule 8B; or
(g) the third column of the table in Schedule 9; or
(ga) the third column of the table in Schedule 9A; or
(h) the third column of the table in Schedule 10; or
(ha) the third column of the table in Schedule 10A; or
(i) the third column of the table in Schedule 11; or
(j) the third column of the table in Schedule 12; or
(k) the third column of the table in Schedule 13; or
(l) the third column of the table in Schedule 14; or
(m) the third column of the table in Schedule 15.
registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.
subheading means a subheading of a heading.
substitutable goods has the same meaning as in Part XVA of the Customs Act 1901.
Tariff instrument means:
(a) a Customs Tariff Proposal introduced (whether before or after the commencement of this Act) into the House of Representatives; or
(b) an instrument made (whether before or after the commencement of this Act) under section 273EA of the Customs Act 1901; or
(c) an order, a by‑law or a determination made (whether before or after the commencement of this Act) under the Customs Act 1901.
Timor Sea Maritime Boundaries Treaty means the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time.
Note: The Timor Sea Maritime Boundaries Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
tobacco content includes any thing (including moisture) added to the tobacco leaf during manufacturing or processing.
value means the customs value of the goods worked out or determined in accordance with Division 2 of Part VIII of the Customs Act 1901.
(2) In Schedule 3, unless the contrary intention appears, Section means a Section of Schedule 3.
3A Act does not extend to Norfolk Island
This Act does not extend to Norfolk Island.
4 Headings in Schedule 3
(1) In Schedule 3:
(a) either:
(i) 4 digits in the first column; or
(ii) 8 digits in the first column not opposite to a dash or dashes in the second column;
indicate the beginning of a heading; and
(b) 5, 6, 7 or 8 digits in the first column opposite to a dash or dashes in the second column indicate the beginning of a subheading of the heading in which the digits appear.
(2) In this Act or in any Act that amends, or in any Tariff instrument that relates to, this Act:
(a) a heading may be referred to by the digits with which the heading begins; and
(b) a subheading of a heading may be referred to by the digits with which the subheading begins.
5 Items in Schedule 4
(1) In Schedule 4, a number, or a number and letter, in the first column indicates the beginning of an item.
(2) In this Act or in any Act that amends, or in any Tariff instrument that relates to, this Act, an item in Schedule 4 may be referred to by the word "item" followed by the number, or the number and letter, with which the item begins.
6 Tariff classification
A reference in this Act to the tariff classification under which particular goods are classified is a reference to the heading or subheading:
(a) in whose third column a rate of duty is set out; and
(b) under which the goods are classified.
7 Rules for classifying goods in Schedule 3
(1) The Interpretation Rules must be used for working out the tariff classification under which goods are classified.
(2) If the letters "NSA" are specified in relation to a description of goods in the second column of a subheading of a heading, the goods described do not include any goods prima facie classified under a preceding subheading of that heading whose second column begins with the same number of dashes as the first‑mentioned subheading.
(3) A reference in the Interpretation Rules to Notes includes a reference to Additional Notes.
Note 1: The text in Schedule 3 is based on the wording in the Harmonized Commodity Description and Coding System that is referred to in the International Convention on the Harmonized Commodity Description and Coding System done at Brussels on 14 June 1983.
Note 2: The text of the Convention is set out in Australian Treaty Series 1988 No. 30. In 2006, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
8 Application of Schedule 4
(1) Subject to subsection (2), an item in Schedule 4 applies to goods if the goods are described in the second column of that item.
(2) If goods are described in the second column of 2 or more items in Schedule 4, the item in that Schedule that applies to the goods is:
(a) the item under which the least amount of duty would be payable in respect of the goods; or
(b) if there are 2 or more such items, the last occurring such item.
(3) For the purposes of Schedule 4:
(a) a reference to a Tariff Concession Order includes a reference:
(i) to a commercial tariff concession order made under Part XVA of the Customs Act 1901 as in force immediately before the commencement of the Customs Legislation (Tariff Concessions and Anti‑Dumping) Amendment Act 1992; and
(ii) to a commercial tariff concession order made under that Part as continued in force by section 20 of the Customs Legislation (Tariff Concessions and Anti‑Dumping) Amendment Act 1992; and
(b) a reference to section 269Q of the Customs Act 1901 includes a reference:
(i) to subsection 269C(1A) of the Customs Act 1901 as in force immediately before the commencement of the Customs Legislation (Tariff Concessions and Anti‑Dumping) Amendment Act 1992; and
(ii) to that subsection as continued in force by section 20 of the Customs Legislation (Tariff Concessions and Anti‑Dumping) Amendment Act 1992.
9 Rates of duty—ad valorem duties
(1) Unless the contrary intention appears, if, in a rate column in Schedule 3, 4, 4A, 5, 6, 6A, 7, 8, 8B, 10, 10A, 11, 12, 14 or 15, reference is made to a percentage in relation to goods or in relation to a part, component or ingredient of goods:
(a) the reference is to that percentage of the value of the goods, or of that part, component or ingredient of the goods, as the case may be; and
(b) the percentage is a rate of duty.
(2) The value of a part, component or ingredient of any goods for the purposes of this Act is, unless the contrary intention appears, such proportion of the value of the goods as the Comptroller‑General of Customs determines.
10 Certain words etc. are rates of duty
(1) Unless the contrary intention appears, if the word "Free" is set out in section 16 or 18 or in a rate column, that word is a rate of duty.
(2) Unless the contrary intention appears, any words, or words and figures, set out in a rate column, that enable the duty to be worked out in respect of goods, are a rate of duty.
11 Rates of duty—phasing rates
(1) Subject to subsection (2), a rate of duty set out in:
(a) the third column of a tariff classification under which goods are classified; or
(b) the third column of an item in Schedule 4 that applies to goods; or
(bba) the third column of an item in the table in Schedule 6A that applies to goods; or
(bd) the third column of an item in the table in Schedule 8 that applies to goods; or
(bda) the third column of an item in the table in Schedule 8A that applies to goods; or
(bdb) the third column of an item in the table in Schedule 8B that applies to goods; or
(bfa) the third column of an item in the table in Schedule 10A that applies to goods; or
(bj) the third column of an item in the table in Schedule 14 that applies to goods; or
(bk) the third column of an item in the table in Schedule 15 that applies to goods;
has effect from a specified date if that date preceded by the word "From" is specified in:
(c) the second column of that tariff classification; or
(d) the second column of that item in Schedule 4; or
(fa) the third column of that item in the table in Schedule 6A; or
(h) the third column of that item in the table in Schedule 8; or
(ha) the third column of that item in the table in Schedule 8A; or
(hb) the third column of that item in the table in Schedule 8B; or
(ja) the third column of that item in the table in Schedule 10A; or
(n) the third column of that item in the table in Schedule 14; or
(o) the third column of that item in the table in Schedule 15;
as the case may be in relation to that rate.
(2) If a rate of duty set out in:
(a) the third column of a tariff classification under which goods are classified; or
(b) the third column of an item in Schedule 4 that applies to goods; or
(bba) the third column of an item in the table in Schedule 6A that applies to goods; or
(bd) the third column of an item in the table in Schedule 8 that applies to goods; or
(bda) the third column of an item in the table in Schedule 8A that applies to goods; or
(bdb) the third column of an item in the table in Schedule 8B that applies to goods; or
(bfa) the third column of an item in the table in Schedule 10A that applies to goods; or
(bj) the third column of an item in the table in Schedule 14 that applies to goods; or
(bk) the third column of an item in the table in Schedule 15 that applies to goods;
has effect from a specified day, then, in working out the duty in respect of goods of that kind, or goods that are part of goods of that kind, that are entered for home consumption:
(c) that rate is to be taken to be so set out only in respect of goods so entered on or after that day; and
(d) if another rate of duty is set out in respect of such goods from a later day—that rate is not to be taken to apply in respect of goods so entered on or after that later day.
12 Classes of countries and places in relation to which special rates apply
For the purposes of this Act:
(a) a country specified in column 1 of the table in Part 1 of Schedule 1 to the regulations is a Forum Island Country; and
(b) a country specified in column 1 of the table in Division 1 of Part 2 of Schedule 1 to the regulations is a Least Developed Country; and
(c) a country or place specified in column 1 of the table in Division 2 of Part 2 of Schedule 1 to the regulations is to be treated as a Least Developed Country; and
(d) a country specified in column 1 of the table in Division 1 of Part 3, 4 or 5 of Schedule 1 to the regulations is a Developing Country; and
(e) a place specified in column 1 of the table in Division 2 of Part 3, 4 or 5 of Schedule 1 to the regulations is to be treated as a Developing Country.
13 When goods are the produce or manufacture of a particular country or place
For the purposes of this Act, goods are the produce or manufacture of a country or place only if they are, under Division 1A of Part VIII of the Customs Act 1901, the produce or manufacture of that country or place for the purposes of that Act.
13AA When goods are Singaporean originating goods
For the purposes of this Act, goods are Singaporean originating goods if, and only if, they are Singaporean originating goods under Division 1BA of Part VIII of the Customs Act 1901.
13A When goods are US originating goods
For the purposes of this Act, goods are US originating goods if, and only if, they are US originating goods under Division 1C of Part VIII of the Customs Act 1901.
13B When goods are Thai originating goods
For the purposes of this Act, goods are Thai originating goods if, and only if, they are Thai originating goods under Division 1D of Part VIII of the Customs Act 1901.
13C When goods are New Zealand originating goods
For the purposes of this Act, goods are New Zealand originating goods if, and only if, they are New Zealand originating goods under Division 1E of Part VIII of the Customs Act 1901.
13CA When goods are Peruvian originating goods
For the purposes of this Act, goods are Peruvian originating goods if, and only if, they are Peruvian originating goods under Division 1EA of Part VIII of the Customs Act 1901.
13D When goods are Chilean originating goods
For the purposes of this Act, goods are Chilean originating goods if, and only if, they are Chilean originating goods under Division 1F of Part VIII of the Customs Act 1901.
13E When goods are ASEAN‑Australia‑New Zealand (AANZ) originating goods
For the purposes of this Act, goods are AANZ originating goods if, and only if, they are AANZ originating goods under Division 1G of Part VIII of the Customs Act 1901.
13EA When goods are Pacific Islands originating goods
For the purposes of this Act, goods are Pacific Islands originating goods if, and only if, they are Pacific Islands originating goods under Division 1GA of Part VIII of the Customs Act 1901.
13EB When goods are Trans‑Pacific Partnership originating goods
For the purposes of this Act, goods are Trans‑Pacific Partnership originating goods if, and only if, they are Trans‑Pacific Partnership originating goods under Division 1GB of Part VIII of the Customs Act 1901.
13F When goods are Malaysian originating goods
For the purposes of this Act, goods are Malaysian originating goods if, and only if, they are Malaysian originating goods under Division 1H of Part VIII of the Customs Act 1901.
13FA When goods are Indonesian originating goods
For the purposes of this Act, goods are Indonesian originating goods if, and only if, they are Indonesian originating goods under Division 1HA of Part VIII of the Customs Act 1901.
13G When goods are Korean originating goods
For the purposes of this Act, goods are Korean originating goods if, and only if, they are Korean originating goods under Division 1J of Part VIII of the Customs Act 1901.
13GA When goods are Indian originating goods
For the purposes of this Act, goods are Indian originating goods if, and only if, they are Indian originating goods under Division 1JA of Part VIII of the Customs Act 1901.
13H When goods are Japanese originating goods
For the purposes of this Act, goods are Japanese originating goods if, and only if, they are Japanese originating goods under Division 1K of Part VIII of the Customs Act 1901.
13J When goods are Chinese originating goods
For the purposes of this Act, goods are Chinese originating goods if, and only if, they are Chinese originating goods under Division 1L of Part VIII of the Customs Act 1901.
13K When goods are Hong Kong originating goods
For the purposes of this Act, goods are Hong Kong originating goods if, and only if, they are Hong Kong originating goods under Division 1M of Part VIII of the Customs Act 1901.
13L When goods are Regional Comprehensive Economic Partnership (RCEP) originating goods
For the purposes of this Act, goods are RCEP originating goods if, and only if, they are RCEP originating goods under Division 1N of Part VIII of the Customs Act 1901.
13M When goods are UK originating goods
For the purposes of this Act, goods are UK originating goods if, and only if, they are UK originating goods under Division 1P of Part VIII of the Customs Act 1901.
14 Application of rates of duty in relation to countries and places
(1) Subject to subsection (2):
(a) a rate of duty set out in a rate column applies in relation to New Zealand if "NZ" is specified in relation to the rate; and
(b) a rate of duty so set out applies in relation to Papua New Guinea if "PG" is specified in relation to the rate; and
(c) a rate of duty so set out applies in relation to every Forum Island Country specified in Part 1 of Schedule 1 to the regulations if "FI" is specified in relation to the rate; and
(d) a rate of duty so set out applies in relation to every Least Developed Country specified in Part 2 of Schedule 1 to the regulations if "LDC" is specified in relation to the rate; and
(e) a rate of duty so set out applies in relation to every Developing Country specified in Part 3 of Schedule 1 to the regulations if "DC" is specified in relation to the rate; and
(f) a rate of duty so set out applies in relation to every Developing Country specified in Part 4 of Schedule 1 to the regulations (other than a Developing Country or place specified in paragraph (g)) if "DCS" is specified in relation to the rate; and
(g) a rate of duty so set out applies in relation to a Developing Country or place specified in Part 5 of Schedule 1 to the regulations if "DCT" is specified in relation to the rate; and
(h) a rate of duty so set out applies in relation to a particular Forum Island Country, Least Developed Country or Developing Country if its name, or the abbreviation for it, is specified in relation to the rate; and
(i) a rate of duty so set out applies in relation to Canada if "CA" is specified in relation to the rate; and
(k) a rate of duty set out in a rate column in Schedule 4 applies in relation to the United States of America if "US" is specified in relation to the rate; and
(l) a rate of duty set out in a rate column in Schedule 4 applies in relation to Japan if "JP" is specified in relation to the rate; and
(m) a rate of duty set out in a rate column in Schedule 4 applies in relation to the United Kingdom if "UK" is specified in relation to the rate.
(2) A rate of duty set out in a rate column in relation to which "FI", "LDC", "DC", "DCS" or "DCT" is specified does not apply in relation to a Forum Island Country, a Least Developed Country or a Developing Country if that country or the abbreviation for it appears in a rate column followed by a rate of duty.
Part 2—Duties of Customs
15 Imposition of duties
Duties of Customs are imposed by this Act on:
(a) goods imported into Australia on or after 1 July 1996; and
(b) goods:
(i) imported into Australia before 1 July 1996; and
(ii) entered, or again entered, for home consumption on or after that day.
16 Calculation of duty
(1) Subject to sections 17, 18, 18A, 18B, 20 and 22, the duty in respect of goods must be worked out as follows:
(a) if the goods:
(i) are not the produce or manufacture of a Preference Country; and
(ia) are not Singaporean originating goods; and
(ii) are not US originating goods; and
(iii) are not Thai originating goods; and
(iv) are not New Zealand originating goods; and
(iva) are not Peruvian originating goods; and
(v) are not Chilean originating goods; and
(vi) are not AANZ originating goods; and
(via) are not Pacific Islands originating goods; and
(vib) are not Trans‑Pacific Partnership originating goods; and
(vii) are not Malaysian originating goods; and
(viia) are not Indonesian originating goods; and
(viii) are not Korean originating goods; and
(viiia) are not Indian originating goods; and
(ix) are not Japanese originating goods; and
(x) are not Chinese originating goods; and
(xi) are not Hong Kong originating goods; and
(xii) are not RCEP originating goods; and
(xiii) are not UK originating goods;
by reference to the general rate set out in the third column of the tariff classification under which the goods are classified;
(b) if the goods are New Zealand originating goods:
(i) if a rate of duty that applies in relation to New Zealand is set out in the third column of the tariff classification under which the goods are classified—by reference to that rate of duty; or
(ii) otherwise—Free;
(c) if the goods are the produce or manufacture of Papua New Guinea:
(i) if a rate of duty that applies in relation to Papua New Guinea is set out in the third column of the tariff classification under which the goods are classified—by reference to that rate of duty; or
(ii) otherwise—Free;
(d) if the goods are the produce or manufacture of Canada:
(i) if a rate of duty that applies in relation to Canada is set out in the third column of the tariff classification under which the goods are classified—by reference to that rate of duty; or
(ii) otherwise—by reference to the general rate of duty set out in the third column of that tariff classification;
(e) if the goods are the produce or manufacture of a Forum Island Country:
(i) if a rate of duty that applies in relation to Forum Island Countries is set out in the third column of the tariff classification under which the goods are classified—by reference to that rate of duty; or
(ii) otherwise—Free;
(f) if the goods are the produce or manufacture of a Developing Country or place specified in Part 5 of Schedule 1 to the regulations:
(i) subject to subparagraphs (ii) and (iii)—by reference to the general rate of duty set out in the third column of the tariff classification under which the goods are classified; or
(ii) subject to subparagraph (iii), if a rate of duty that applies in relation to Developing Countries specified in Part 4 of Schedule 1 to the regulations is set out in the third column of that tariff classification—by reference to that rate of duty; or
(iii) if a rate of duty that applies in relation to a Developing Country or place specified in Part 5 of Schedule 1 to the regulations is set out in the third column of that tariff classification—by reference to that rate of duty;
(g) if the goods are the produce or manufacture of a Developing Country specified in Part 4 of Schedule 1 to the regulations (other than Hong Kong, Republic of Korea, Singapore or Taiwan Province):
(i) if a rate of duty that applies in relation to those Developing Countries is set out in the third column of the tariff classification under which the goods are classified—by reference to that rate of duty; or
(ii) otherwise—by reference to the general rate of duty set out in the third column of that tariff classification;
(h) if the goods are the produce or manufacture of a Developing Country specified in Part 3 of Schedule 1 to the regulations:
(i) if a rate of duty that applies in relation to those Developing Countries is set out in the third column of the tariff classification under which the goods are classified—by reference to that rate of duty; or
(ii) otherwise—Free;
(i) if, under section 153H or 153NA of the Customs Act 1901, the goods are the produce or manufacture of a Least Developed Country:
(i) if a rate of duty that applies in relation to Least Developed Countries is set out in the third column of the tariff classification under which the goods are classified—by reference to that rate of duty; or
(ii) otherwise—Free;
(ja) if the goods are Singaporean originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 4A—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
(k) if the goods are US originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 5—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
(l) if the goods are Thai originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 6—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
(la) if the goods are Peruvian originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 6A—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
Note: See also subsections (2AA) and (2AB).
(m) if the goods are Chilean originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 7—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
(n) if the goods are AANZ originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 8—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
(na) if the goods are Pacific Islands originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 8A—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
(nb) if the goods are Trans‑Pacific Partnership originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 8B—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
Note: See also subsections (4AA) to (4ABB).
(o) if the goods are Malaysian originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 9—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
(oa) if the goods are Indonesian originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 9A—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
(p) if the goods are Korean originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 10—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
(pa) if the goods are Indian originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 10A—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
Note: See also subsections (4AC) and (4AD).
(q) if the goods are Japanese originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 11—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
(r) if the goods are Chinese originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 12—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
(s) if the goods are Hong Kong originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 13—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
(t) if the goods are RCEP originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 14—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free;
Note: See also subsections (4A) and (4B).
(u) subject to section 16A, if the goods are UK originating goods:
(i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 15—by reference to the rate of duty set out in column 3 of that item; or
(ii) otherwise—Free.
Note: See also subsection (4C).
Peruvian originating goods
(2AA) For the purposes of Schedule 6A:
(a) a reference in that Schedule to year 2 is a reference to the first calendar year beginning after the commencement of this subsection; and
(b) a reference in that Schedule to year 3 is a reference to the second calendar year beginning after the commencement of this subsection; and
(c) a reference in that Schedule to year 4 is a reference to the third calendar year beginning after the commencement of this subsection.
(2AB) If column 2 of an item in the table in Schedule 6A includes "(prescribed goods only)", subparagraph (1)(la)(i) does not apply to the goods unless the goods are also prescribed for the purposes of that item.
Note: If column 2 of an item in the table in Schedule 6A includes "(prescribed goods only)" and the goods are not prescribed for the purposes of that item, the rate of duty in respect of the goods is Free.
Trans‑Pacific Partnership originating goods
(4AA) For the purposes of Schedule 8B:
(a) a reference in that Schedule to year 2 is a reference to the first calendar year beginning after the commencement of this subsection; and
(b) a reference in that Schedule to year 3 is a reference to the second calendar year beginning after the commencement of this subsection; and
(c) a reference in that Schedule to year 4 is a reference to the third calendar year beginning after the commencement of this subsection; and
(d) a reference in that Schedule to year 6 is a reference to the fifth calendar year beginning after the commencement of this subsection; and
(e) a reference in that Schedule to year 7 is a reference to the sixth calendar year beginning after the commencement of this subsection; and
(f) a reference in that Schedule to year 8 is a reference to the seventh calendar year beginning after the commencement of this subsection; and
(g) a reference in that Schedule to year 9 is a reference to the eighth calendar year beginning after the commencement of this subsection; and
(h) a reference in that Schedule to year 10 is a reference to the ninth calendar year beginning after the commencement of this subsection; and
(i) a reference in that Schedule to year 11 is a reference to the tenth calendar year beginning after the commencement of this subsection; and
(j) a reference in that Schedule to year 12 is a reference to the 11th calendar year beginning after the commencement of this subsection; and
(k) a reference in that Schedule to year 13 is a reference to the 12th calendar year beginning after the commencement of this subsection; and
(l) a reference in that Schedule to year 14 is a reference to the 13th calendar year beginning after the commencement of this subsection; and
(m) a reference in that Schedule to year 15 is a reference to the 14th calendar year beginning after the commencement of this subsection; and
(n) a reference in that Schedule to year 16 is a reference to the 15th calendar year beginning after the commencement of this subsection.
(4AB) If column 2 of an item in the table in Schedule 8B includes "(prescribed goods only)", subparagraph (1)(nb)(i) does not apply to the goods unless the goods are also prescribed for the purposes of that item.
Note: If column 2 of an item in the table in Schedule 8B includes "(prescribed goods only)" and the goods are not prescribed for the purposes of that item, the rate of duty in respect of the goods is Free.
(4ABA) Subject to section 16B, for the purposes of Schedule 8B, if:
(a) the goods are Trans‑Pacific Partnership originating goods; and
(b) the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of any of items 1A to 1E, 396A to 396J, 397 to 408, 410 to 419, 421 to 423, 424A to 424L, 425 to 432ZC, 446 or 448 to 451 in the table in Schedule 8B;
then:
(c) subparagraph (1)(nb)(i) does not apply to the goods unless the last production process, other than minimal operations, occurred in the United Kingdom; and
(d) if that subparagraph does apply—the rate of duty in relation to the goods is the rate set out in column 3 of the item concerned in relation to the United Kingdom.
(4ABB) For the purposes of paragraph (4ABA)(c), the following are minimal operations:
(a) operations to preserve goods in good condition for the purposes of transport or storage;
(b) packaging, re‑packaging, breaking up of consignments or putting up goods for retail sale, including placing goods in bottles, cans, flasks, bags, cases or boxes;
(c) mere dilution with water or another substance that does not materially alter the characteristics of goods;
(d) collection of goods intended to form sets, assortments, kits or composite goods;
(e) any combination of operations covered by paragraphs (a) to (d).
Indian originating goods
(4AC) For the purposes of Schedule 10A:
(a) a reference in that Schedule to year 2 is a reference to the first calendar year beginning after the commencement of this subsection; and
(b) a reference in that Schedule to year 3 is a reference to the second calendar year beginning after the commencement of this subsection; and
(c) a reference in that Schedule to year 4 is a reference to the third calendar year beginning after the commencement of this subsection; and
(d) a reference in that Schedule to year 5 is a reference to the fourth calendar year beginning after the commencement of this subsection.
(4AD) If column 2 of an item in the table in Schedule 10A includes "(prescribed goods only)", subparagraph (1)(pa)(i) does not apply to the goods unless the goods are also prescribed for the purposes of that item.
Note: If column 2 of an item in the table in Schedule 10A includes "(prescribed goods only)" and the goods are not prescribed for the purposes of that item, the rate of duty in respect of the goods is Free.
Regional Comprehensive Economic Partnership (RCEP) originating goods
(4A) For the purposes of Schedule 14:
(a) a reference in that Schedule to year 2 is a reference to the first calendar year beginning after the commencement of this subsection; and
(b) a reference in that Schedule to year 3 is a reference to the second calendar year beginning after the commencement of this subsection; and
(c) a reference in that Schedule to year 4 is a reference to the third calendar year beginning after the commencement of this subsection; and
(d) a reference in that Schedule to year 5 is a reference to the fourth calendar year beginning after the commencement of this subsection; and
(e) a reference in that Schedule to year 7 is a reference to the sixth calendar year beginning after the commencement of this subsection; and
(f) a reference in that Schedule to year 10 is a reference to the ninth calendar year beginning after the commencement of this subsection; and
(g) a reference in that Schedule to year 11 is a reference to the tenth calendar year beginning after the commencement of this subsection; and
(h) a reference in that Schedule to year 13 is a reference to the 12th calendar year beginning after the commencement of this subsection; and
(i) a reference in that Schedule to year 15 is a reference to the 14th calendar year beginning after the commencement of this subsection; and
(j) a reference in that Schedule to year 16 is a reference to the 15th calendar year beginning after the commencement of this subsection; and
(k) a reference in that Schedule to year 17 is a reference to the 16th calendar year beginning after the commencement of this subsection; and
(l) a reference in that Schedule to year 18 is a reference to the 17th calendar year beginning after the commencement of this subsection; and
(m) a reference in that Schedule to year 19 is a reference to the 18th calendar year beginning after the commencement of this subsection; and
(n) a reference in that Schedule to year 20 is a reference to the 19th calendar year beginning after the commencement of this subsection.
(4B) If column 2 of an item in the table in Schedule 14 includes "(prescribed goods only)", subparagraph (1)(t)(i) does not apply to the goods unless the goods are also prescribed for the purposes of that item.
UK originating goods
(4C) For the purposes of Schedule 15:
(a) a reference in that Schedule to year 2 is a reference to the first calendar year beginning after the commencement of this subsection; and
(b) a reference in that Schedule to year 3 is a reference to the second calendar year beginning after the commencement of this subsection; and
(c) a reference in that Schedule to year 4 is a reference to the third calendar year beginning after the commencement of this subsection; and
(d) a reference in that Schedule to year 5 is a reference to the fourth calendar year beginning after the commencement of this subsection; and
(e) a reference in that Schedule to year 6 is a reference to the fifth calendar year beginning after the commencement of this subsection.
Least rate of duty
(5) If, apart from this subsection, more than one paragraph of subsection (1) would apply in relation to the goods, then the paragraph that does apply in relation to the goods is the paragraph in respect of which the least amount of duty would be payable in respect of the goods.
16A Suspension of preferential tariff for UK originating goods—safeguard goods
Duty rates
(1) Despite paragraph 16(1)(u), the duty in respect of goods that are:
(a) safeguard goods specified in a notice made by the Minister under this section; and
(b) imported into Australia during the period specified in the notice;
must be worked out by reference to the general rate set out in the third column of the tariff classification under which the goods are classified.
Notice
(2) The Minister may, by legislative instrument, make a notice specifying one or more safeguard goods, and a period, for the purposes of subsection (1).
(3) The Minister may do so only if the Minister is satisfied that goods equivalent to those safeguard goods will, under a law of the United Kingdom, be subject to a global safeguard measure referred to in Section C of Chapter 3 of the Agreement if imported into the United Kingdom from Australia during the period.
(4) The Minister must not specify a period starting before the commencement of the notice.
Definitions
(5) In this section:
Agreement has the same meaning as in subsection 153ZRB(1) of the Customs Act 1901.
safeguard goods means UK originating goods that are classified to a heading or subheading in Schedule 3 that is specified in column 2 of any of items 150 to 238 in the table in Schedule 15.
16B Suspension of preferential tariff for Trans‑Pacific Partnership originating goods—safeguard goods imported from the United Kingdom
Duty rates
(1) Despite subsection 16(4ABA), the duty in respect of goods that are:
(a) safeguard goods specified in a notice made by the Minister under this section; and
(b) imported into Australia from the United Kingdom during the period specified in the notice;
must be worked out by reference to the general rate set out in the third column of the tariff classification under which the goods are classified.
Notice
(2) The Minister may, by legislative instrument, make a notice specifying one or more safeguard goods, and a period, for the purposes of subsection (1).
(3) The Minister may do so only if the Minister is satisfied that goods equivalent to those safeguard goods will, under a law of the United Kingdom, be subject to a safeguard measure covered by paragraph 5(b) of Article 6.2 of Chapter 6 of the Agreement if imported into the United Kingdom from Australia during the period.
(4) The Minister must not specify a period starting before the commencement of the notice.
Definitions
(5) In this section:
Agreement has the same meaning as in subsection 153ZKU(1) of the Customs Act 1901.
safeguard goods means Trans‑Pacific Partnership originating goods that are classified to a heading or subheading in Schedule 3 that is specified in column 2 of any of items 396A to 408, 410 to 419, 421 to 423, 424A to 432ZC, 446 or 448 to 451 in the table in Schedule 8B.
17 Rates for goods with constituents etc.
(1) Subject to sections 18, 20 and 22, if the tariff classification under which goods are classified contains 2 or more phrases that describe goods and begin with the words "In respect of'', the duty payable in respect of the first‑mentioned goods is:
(a) if the first‑mentioned goods have as constituents goods to which 2 or more of the phrases relate—the sum of the amounts of the duty, worked out in accordance with subsection (3), in respect of each of the goods to which those phrases respectively relate; or
(b) if the first‑mentioned goods are, or have as constituents, goods to which only one phrase relates—the amount of duty, worked out in accordance with subsection (3), in respect of the goods to which that phrase relates.
(2) If the words "In respect of remainder" appear in a tariff classification under which goods are classified, those words constitute a phrase for the purposes of this section and the word "remainder" appearing in that phrase must be taken to be a description of:
(a) all goods that can be constituents of goods that can be classified under the tariff classification; and
(b) all goods that can be classified under the tariff classification;
other than goods to which another phrase contained in that tariff classification relates.
(3) The duty in respect of constituent goods to which a phrase referred to in subsection (1) relates worked out in accordance with section 17 must be worked out as if:
(a) the tariff classification under which the complete goods are classified were the tariff classification that contained that phrase; and
(b) the rate of duty or rates of duty specified in the third column of that tariff classification in relation to the constituent goods to which that phrase relates were the only rate or rates set out in that tariff classification.
18 Calculation of concessional duty
(1) Subject to sections 18A, 20 and 22, if an item in Schedule 4 prima facie applies to goods, that item only applies to those goods if the duty payable in respect of those goods under that item is less than the duty that, apart from this section, would be payable:
(a) under the tariff classification in Schedule 3 that applies to the goods; or
(aa) under an item in the table in Schedule 4A that applies to the goods; or
(b) under an item in the table in Schedule 5 that applies to the goods; or
(c) under an item in the table in Schedule 6 that applies to the goods; or
(ca) under an item in the table in Schedule 6A that applies to the goods; or
(d) under an item in the table in Schedule 7 that applies to the goods; or
(e) under an item in the table in Schedule 8 that applies to the goods; or
(ea) under an item in the table in Schedule 8A that applies to the goods; or
(eb) under an item in the table in Schedule 8B that applies to the goods; or
(f) under an item in the table in Schedule 9 that applies to the goods; or
(fa) under an item in the table in Schedule 9A that applies to the goods; or
(g) under an item in the table in Schedule 10 that applies to the goods; or
(ga) under an item in the table in Schedule 10A that applies to the goods; or
(h) under an item in the table in Schedule 11 that applies to the goods; or
(i) under an item in the table in Schedule 12 that applies to the goods; or
(j) under an item in the table in Schedule 13 that applies to the goods; or
(k) under an item in the table in Schedule 14 that applies to the goods; or
(l) under an item in the table in Schedule 15 that applies to the goods.
(2) For the purposes of subsection (1), the amount of duty payable in respect of goods under an item in Schedule 4 is an amount of duty worked out as follows:
(a) if the goods:
(i) are not the produce or manufacture of a Preference Country; and
(ia) are not Singaporean originating goods; and
(ii) are not US originating goods; and
(iii) are not Thai originating goods; and
(iv) are not New Zealand originating goods; and
(iva) are not Peruvian originating goods; and
(v) are not Chilean originating goods; and
(vi) are not AANZ originating goods; and
(via) are not Pacific Islands originating goods; and
(vib) are not Trans‑Pacific Partnership originating goods; and
(vii) are not Malaysian originating goods; and
(viia) are not Indonesian originating goods; and
(viii) are not Korean originating goods; and
(viiia) are not Indian originating goods; and
(ix) are not Japanese originating goods; and
(x) are not Chinese originating goods; and
(xi) are not Hong Kong originating goods; and
(xii) are not RCEP originating goods; and
(xiii) are not UK originating goods;
by reference to the general rate set out in the third column of that item;
(b) if the goods are New Zealand originating goods:
(i) if a rate of duty that applies in relation to New Zealand is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(c) if the goods are the produce or manufacture of Papua New Guinea:
(i) if a rate of duty that applies in relation to Papua New Guinea is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(d) if the goods are the produce or manufacture of Canada:
(i) if a rate of duty that applies in relation to Canada is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—by reference to the general rate of duty set out in the third column of that item;
(e) if the goods are the produce or manufacture of a Forum Island Country:
(i) if a rate of duty that applies in relation to Forum Island Countries is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(f) if the goods are the produce or manufacture of a Developing Country or place specified in Part 5 of Schedule 1 to the regulations:
(i) subject to subparagraphs (ii) and (iii)—by reference to the general rate of duty set out in the third column of that item; or
(ii) subject to subparagraph (iii), if a rate of duty that applies in relation to Developing Countries specified in Part 4 of Schedule 1 to the regulations is set out in the third column of that item—by reference to that rate of duty; or
(iii) if a rate of duty that applies in relation to a Developing Country or place specified in Part 5 of Schedule 1 to the regulations is set out in the third column of that item—by reference to that rate of duty;
(g) if the goods are the produce or manufacture of a Developing Country or Place specified in Part 4 of Schedule 1 to the regulations, (other than Hong Kong, Republic of Korea, Singapore or Taiwan Province):
(i) if a rate of duty that applies in relation to those Developing Countries is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—by reference to the general rate of duty set out in the third column of that item;
(h) if the goods are the produce or manufacture of a Developing Country specified in Part 3 of Schedule 1 to the regulations:
(i) if a rate of duty that applies in relation to those Developing Countries is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(i) if under section 153H or 153NA of the Customs Act 1901 the goods are the produce or manufacture of a Least Developed Country:
(i) if a rate of duty that applies in relation to Least Developed Countries is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(ja) if the goods are Singaporean originating goods:
(i) if a rate of duty that applies in relation to Singapore is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(k) if the goods are US originating goods:
(i) if a rate of duty that applies in relation to the United States of America is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(l) if the goods are Thai originating goods:
(i) if a rate of duty that applies in relation to Thailand is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(la) if the goods are Peruvian originating goods:
(i) if a rate of duty that applies in relation to Peru is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(m) if the goods are Chilean originating goods:
(i) if a rate of duty that applies in relation to Chile is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(n) if the goods are AANZ originating goods:
(i) if "AANZ" is specified in relation to a rate of duty set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(na) if the goods are Pacific Islands originating goods:
(i) if "PI" is specified in relation to a rate of duty set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(nb) if the goods are Trans‑Pacific Partnership originating goods:
(i) if "TPP" is specified in relation to a rate of duty set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(o) if the goods are Malaysian originating goods:
(i) if a rate of duty that applies in relation to Malaysia is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(oa) if the goods are Indonesian originating goods:
(i) if a rate of duty that applies in relation to Indonesia is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(p) if the goods are Korean originating goods:
(i) if a rate of duty that applies in relation to the Republic of Korea is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(pa) if the goods are Indian originating goods:
(i) if a rate of duty that applies in relation to India is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(q) if the goods are Japanese originating goods:
(i) if a rate of duty that applies in relation to Japan is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(r) if the goods are Chinese originating goods:
(i) if a rate of duty that applies in relation to the People's Republic of China is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(s) if the goods are Hong Kong originating goods:
(i) if a rate of duty that applies in relation to Hong Kong is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(t) if the goods are RCEP originating goods:
(i) if "RCEP" is specified in relation to a rate of duty set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free;
(u) if the goods are UK originating goods:
(i) if a rate of duty that applies in relation to the United Kingdom is set out in the third column of that item—by reference to that rate of duty; or
(ii) otherwise—Free.
Least rate of duty
(3) If, apart from this subsection, more than one paragraph of subsection (2) would apply in relation
