the Harmonized Commodity Description and Coding System as in force immediately before 1 January 2017; or

if the table in Annex 3-D to Chapter 3, or in Annex 4-A to Chapter 4, of the Agreement is amended or replaced to refer to Chapters, headings and subheadings of a later version of the Harmonized Commodity Description and Coding System—the later version of the Harmonized Commodity Description and Coding System.

goods or energy used in the production, testing or inspection of goods, but not physically incorporated in the goods; or

goods or energy used in the maintenance of buildings or the operation of equipment associated with the production of goods;

fuel (within its ordinary meaning); and

tools, dies and moulds; and

spare parts and materials; and

lubricants, greases, compounding materials and other similar goods; and

gloves, glasses, footwear, clothing, safety equipment and supplies; and

catalysts and solvents.

goods that are originating goods, in accordance with Chapter 3 of the Agreement, and that are used in the production of other goods; or

recovered goods derived in the territory of one or more of the Parties and used in the production of, and incorporated into, remanufactured goods; or

indirect materials.

have resulted from the disassembly of used goods; and

have been cleaned, inspected, tested or processed as necessary for improvement to sound working condition.

are classified to any of Chapters 84 to 90 (other than heading 84.18, 85.09, 85.10, 85.16 or 87.03 or subheading 8414.51, 8450.11, 8450.12, 8508.11 or 8517.11), or to heading 94.02, of the Harmonized System; and

are entirely or partially composed of recovered goods; and

have a similar life expectancy to, and perform the same as or similar to, new goods:

that are so classified; and

that are not composed of any recovered goods; and

have a factory warranty similar to that applicable to such new goods.

they are wholly obtained or produced entirely in the territory of one or more of the Parties; and

either:

the importer of the goods has, at the time the goods are imported, a certification of origin, or a copy of one, for the goods; or

Australia has waived the requirement for a certification of origin for the goods.

plants, or goods obtained from plants, that are grown, cultivated, harvested, picked or gathered in the territory of one or more of the Parties; or

live animals born and raised in the territory of one or more of the Parties; or

goods obtained from live animals in the territory of one or more of the Parties; or

animals obtained by hunting, trapping, fishing, gathering or capturing in the territory of one or more of the Parties; or

goods obtained from aquaculture conducted in the territory of one or more of the Parties; or

minerals, or other naturally occurring substances, extracted or taken from the territory of one or more of the Parties; or

fish, shellfish or other marine life taken from the sea, seabed or subsoil beneath the seabed:

outside the territories of the Parties; and

in accordance with international law, outside the territorial sea of non-Parties;

goods produced, from goods referred to in paragraph (g), on board a factory ship that is registered, listed or recorded with a Party and is entitled to fly the flag of that Party; or

goods, other than fish, shellfish or other marine life, taken by a Party, or a person of a Party, from the seabed, or subsoil beneath the seabed, outside the territories of the Parties, and beyond areas over which non-Parties exercise jurisdiction, but only if that Party or person has the right to exploit that seabed or subsoil in accordance with international law; or

waste or scrap that:

has been derived from production in the territory of one or more of the Parties; or

has been derived from used goods that are collected in the territory of one or more of the Parties and that are fit only for the recovery of raw materials; or

goods produced in the territory of one or more of the Parties, exclusively from goods referred to in paragraphs (a) to (j) or from their derivatives.

they are produced entirely in the territory of one or more of the Parties from originating materials only; and

either:

the importer of the goods has, at the time the goods are imported, a certification of origin, or a copy of one, for the goods; or

Australia has waived the requirement for a certification of origin for the goods.

they are classified to a Chapter, heading or subheading of the Harmonized System that is covered by the table in Annex 3-D to Chapter 3, or in Annex 4-A to Chapter 4, of the Agreement; and

they are produced entirely in the territory of one or more of the Parties from non-originating materials only or from non-originating materials and originating materials; and

the goods satisfy the requirements applicable to the goods in that Annex; and

either:

the importer of the goods has, at the time the goods are imported, a certification of origin, or a copy of one, for the goods; or

Australia has waived the requirement for a certification of origin for the goods.

a requirement that applies in relation to the goods is that all non-originating materials used in the production of the goods must have undergone a particular change in tariff classification; and

the goods are not a textile or apparel good; and

one or more of the non-originating materials used in the production of the goods do not satisfy the change in tariff classification;

a requirement that applies in relation to the goods is that all non-originating materials used in the production of the goods must have undergone a particular change in tariff classification; and

the goods are a textile or apparel good; and

the goods are classified other than to Chapter 61, 62 or 63 of the Harmonized System; and

if the goods contain elastomeric yarn—the yarn is wholly formed in the territory of one or more of the Parties; and

one or more of the non-originating materials used in the production of the goods do not satisfy the change in tariff classification;

a requirement that applies in relation to the goods is that all non-originating materials used in the production of the goods must have undergone a particular change in tariff classification; and

the goods are a textile or apparel good; and

the goods are classified to Chapter 61, 62 or 63 of the Harmonized System; and

if the component of the goods, that determines the tariff classification of the goods, contains elastomeric yarn—the yarn is wholly formed in the territory of one or more of the Parties; and

the component of the goods, that determines the tariff classification of the goods, contains fibres or yarns that are non-originating materials and that do not satisfy the change in tariff classification;

the regional value content of the goods is to be worked out in accordance with the Agreement; or

if the regulations prescribe how to work out the regional value content of the goods—the regional value content of the goods is to be worked out in accordance with the regulations.

a requirement that applies in relation to the goods is that the goods must have a regional value content of not less than a particular percentage worked out in a particular way; and

the goods are imported into Australia with accessories, spare parts, tools or instructional or other information materials; and

the accessories, spare parts, tools or instructional or other information materials are classified with, delivered with and not invoiced separately from the goods; and

the types, quantities and value of the accessories, spare parts, tools or instructional or other information materials are customary for the goods;

goods are put up in a set for retail sale; and

the goods are classified in accordance with Rule 3(c) of the Interpretation Rules;

all of the goods in the set, when considered separately, are Trans-Pacific Partnership originating goods; or

the total customs value of the goods (if any) in the set that are not Trans-Pacific Partnership originating goods does not exceed 10% of the customs value of the set of goods.

goods are packaged for retail sale in packaging material or a container; and

the packaging material or container is classified with the goods in accordance with Rule 5 of the Interpretation Rules;

they are accessories, spare parts, tools or instructional or other information materials in relation to other goods; and

the other goods are imported into Australia with the accessories, spare parts, tools or instructional or other information materials; and

the other goods are Trans-Pacific Partnership originating goods; and

the accessories, spare parts, tools or instructional or other information materials are classified with, delivered with and not invoiced separately from the other goods; and

the types, quantities and value of the accessories, spare parts, tools or instructional or other information materials are customary for the other goods.

the goods undergo any operation in the territory of a non-Party (other than unloading, reloading, separation from a bulk shipment, storing, labelling or marking for the purpose of satisfying the requirements of Australia or any other operation that is necessary to preserve the goods in good condition or to transport the goods to the territory of Australia);

while the goods are in the territory of a non-Party, the goods do not remain under the control of the customs administration of the non-Party at all times.

are exported to the territory of a Party; and

are claimed to be originating goods, in accordance with Chapter 3 of the Agreement, for the purpose of obtaining a preferential tariff in the Party.

are exported to the territory of a Party; and

are claimed to be originating goods, in accordance with Chapter 3 of the Agreement, for the purpose of obtaining a preferential tariff in the Party;

goods imported into Australia on or after the commencement of that Part; and

goods imported into Australia before the commencement of that Part, where the time for working out the rate of import duty on the goods had not occurred before the commencement of that Part.