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ASEAN – Australia/ ASEAN Trade in Goods Japan-Philippines Economic Partnership

New Zealand Agreement (ATIGA) Agreement (JPEPA)


(AANZFTA)
Basic rules of origin RVC (40) RVC (40) -RVC
CTC (4-digit) CTC (4-digit) -change in tariff classification
Co-equal Co-equal -specific manufacturing /processing operation
Cumulation approach Regional Cumulation permitted Full cumulation permitted across ATIGA Bilateral cumulation permitted
across AANZFTA Provided inputs each satisfy RVC or CTC rule
provided inputs each
satisfy RVC or CTC rule Partial cumulation
permitted in RVC calculation on pro rata
basis where RVC is at least 20%

RVC Calculation Direct formula (build-up method) or Direct formula (build-up method) or Direct formula (build-up method)
Indirect formula (build-down method) Indirect formula (build-down method)
De Minimis Rule 2 Rules: 1 Rule de minimis- product specific
(1) For goods other than Non-CTC qualified
textiles and apparel in inputs allowed up to 10
HS 50-63, non-CTC percent of FOB value of
qualified inputs up to 10 final good
percent of FOB value of
final product allowed
(2) For textiles and
apparel in HS 50-63,
non-CTC qualified up to
(a) 10 percent of value
or (b) 10 percent of total
weight allowed.
Pre-export Examination Yes – Exporter to request as basis for Yes – Exporter to request as basis for Yes – Exporter to request as basis for
supporting evidence of origin supporting evidence of origin supporting evidence of origin

Exporter Application Written application to Written application to Written application to


issuing authorities with issuing authorities with issuing authorities with
prescribed minimum data prescribed minimum data prescribed minimum data
Certificate of Origin Unique Certificate number Unique Certificate number Unique Certificate number
Original plus two copies Original plus two copies Original plus two copies
Official seal / signature of issuing body Official seal / signature of issuing body Official seal / signature of issuing body
Specified minimum data requirements Specified minimum data requirements Specified minimum data requirements
Issued within 3 days of export Issued within 3 days of export
Period of Validity 12 months 12 months 12 months
Retroactive Issuance Yes – Up to 12 months Yes – Up to 12 months Yes – Up to 12 months
Action by Importer Submit original copy of Certificate Submit original copy of Certificate -Submit original copy of Certificate plus triplicate
at time of import declaration at time of import declaration copy at time of import declaration.
-Triplicate copy sent back to issuing authority in
exporting country
No Certificate Required No certificate required for goods valued at less No certificate required for goods valued at less No exemption specified in
than US$ 200 FOB than US$ 200 FOB OCPs for the JPEPA
Back-to-Back Certificates Yes – required in transhipment cases Yes – required in transhipment cases no back-toback CO
Verification Procedure Yes – after the fact Yes – after the fact verification where Yes – after the fact verification
verification where considered necessary considered necessary where considered necessary
Record Keeping Issuing body, exporter and importer to keep Issuing body, exporter and -Issuing body to keep records for at least 2 years.
relevant records for 3 years importer to keep relevant -Exporter to retain “Quadruplicate” copy for 12
records for 3 years months.
-have the simplest rule
-generally liberal most complicated and restrictive, less lenient
-characterized by generality in application

ASEAN – Japan ASEAN – Korea ASEAN – India ASEAN – China


Comprehensive Economic Trade in Goods Trade in Goods Trade in Goods
Partnership Agreement Agreement Agreement
Basic rules of origin RVC (40) RVC (40) RVC (35) Plus CTSH RVC (40)
CTC (4-digit) CTC (4-digit)
Co-equal Co-equal
Cumulation approach Diagonal Cumulation permitted across Diagonal Cumulation permitted across Diagonal Cumulation permitted Diagonal Cumulation permitted
participating countries participating countries across all RTA Parties across all RTA Parties provided inputs
provided inputs each satisfy Provided inputs each satisfy provided inputs each each satisfy RVC (40)
RVC or CTC rule RVC or CTC rule satisfy RVC(35)+CTSH rule rule
RVC Calculation Indirect formula (build-down Direct formula (buildup method) or Direct formula (build-up Modified Indirect formula designed to
method) only Indirect formula (build-down method) method) or show non-originating content of
≤ 60 percent.
Modified Indirect formula
designed to show non-originating In practice, direct method of
content of <65 percent calculation is also allowed.
De Minimis Rule 3 Rules: 2 Rules: Not applicable. Not applicable.
(1) For goods in HS (1) For goods other No CTC ROO. No CTC ROO.
16,19,20,22,23,28 through 49 than textiles and
and 64 through 97, non-CTC apparel in HS 50-63,
qualified inputs up to 10 non-CTC qualified up
percent of FOB value of final to 10 percent of value
product allowed allowed
(2) For goods in HS 18 and (2) For textiles and
21, non-CTC qualified inputs apparel in HS 50-63,
allowed up to 10 % or 7% of non-CTC qualified up
FOB value as per annex 2 to 10 percent of total
(3) For textiles and apparel in weight allowed.
HS 50-63, non-CTC qualified
up to 10 percent of total
weight allowed.
Pre-export Examination Yes as provided in the Yes – Exporter to request Yes – Exporter to request as Yes – Exporter to request as
Implementing Regulations as basis for supporting basis for supporting evidence basis for supporting evidence
evidence of origin of origin of origin
Exporter Application Written application to Written application to Written application to issuing Written application to issuing
issuing authorities with issuing authorities with authorities with prescribed authorities with prescribed
prescribed minimum data prescribed minimum data minimum data minimum data
and proof of origin of goods
Certificate of Origin Unique Certificate number Unique Certificate number Unique Certificate number Unique Certificate number
Original plus two copies Original plus two copies Original plus three copies Original plus three copies
Official seal / signature of issuing body Official seal / signature of issuing body Official seal/sign.of issuing body Official seal/signature of issuing body
Specified minimum data requirements Specified minimum data requirements Dedicated form / data requirements Dedicated form / data requirements
Issued within 3 days of export Issued within 3 days of export
Period of Validity 12 months 6 months 12 months Normally 4 months
6 months when transhipped
through a non-Party
Retroactive Issuance Yes – Up to 12 months Yes – Up to 12 months Yes – Up to 12 months Yes – Up to 12 months
Action by Importer Submit original copy of Submit original copy -Submit original copy of -Submit original copy of
Certificate at time of import of Certificate at time of Certificate plus triplicate copy Certificate plus triplicate copy
declaration import declaration at time of import declaration. at time of import declaration.
-Triplicate copy sent back to -Triplicate copy sent back to
issuing authority in exporting issuing authority in exporting
country country
No Certificate Required No certificate required for No certificate required for No exemption specified in No Certificate is required for
goods valued a goods valued at less than OCPs for the AIFTA goods valued at less than
US$ 200 FOB US$ 200 FOB
Back-to-Back Certificates Yes – required in Yes – required in Yes – required in No provision
transhipment cases transhipment cases transhipment cases
Verification Procedure Yes – after the fact Yes – after the fact Yes – after the fact verification Yes – after the fact verification
verification where verification where where considered necessary where considered necessary
considered necessary considered necessary
Record Keeping Issuing body, exporter and Issuing body, exporter Issuing body to keep records Issuing body to keep records
importer to keep relevant and importer to keep for at least 2 years. Exporter for at least 2 years. Exporter
records for 3 years relevant records for 3 to retain “Quadruplicate” to retain “Quadruplicate”
years copy for 12 months. copy for 12 months.

ess symmetric than ACFTA but more Most simple and most symmetric,
flexible; however, the lack of alternative rule
could be constraining

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