{"id":"F2008L04621","name":"Customs (Chilean Rules of Origin) Regulations 2008","slug":"customs-chilean-rules-of-origin-regulations-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"254 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":120976,"registerId":"commonwealth-F2008L04621-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introductory","content":"## Part 1—Introductory","sortOrder":0},{"sectionNumber":"1.1","sectionType":"section","heading":"Name of Regulations","content":"#### 1.1 Name of Regulations\n\n  These Regulations are the Customs (Chilean Rules of Origin) Regulations 2008.","sortOrder":1},{"sectionNumber":"1.3","sectionType":"section","heading":"Authority","content":"#### 1.3 Authority\n\n  These Regulations are made under the Customs Act 1901.","sortOrder":2},{"sectionNumber":"1.4","sectionType":"section","heading":"Definitions","content":"#### 1.4 Definitions\n\n  In these Regulations:\n\n> Act means the Customs Act 1901.\n\n> Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 means the Agreement of that name set out in Annex 1A of the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994.\n\n> Note: The Marrakesh Agreement Establishing the World Trade Organization is in Australian Treaty Series 1995 No. 8 (\\[1995\\] ATS 8) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> non‑originating materials has the meaning given by section 153ZJB of the Act.\n\n> originating materials has the meaning given by section 153ZJB of the Act.\n\n> produce has the meaning given by section 153ZJB of the Act.\n\n> territory of Australia has the meaning given by section 153ZJB of the Act.\n\n> territory of Chile has the meaning given by section 153ZJB of the Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Tariff change requirement","content":"## Part 2—Tariff change requirement","sortOrder":4},{"sectionNumber":"2.1","sectionType":"section","heading":"Change in tariff classification requirement for non‑originating materials","content":"#### 2.1 Change in tariff classification requirement for non‑originating materials\n\n  For the purposes of subsection 153ZJE(3) of the Act, a non‑originating material used in the production of goods that does not satisfy a particular change in tariff classification is taken to satisfy the change in tariff classification if:\n    (a) it was produced entirely in the territory of Chile, or entirely in the territory of Chile and the territory of Australia, from other non‑originating materials; and\n    (b) each of those other non‑originating materials satisfies the change in tariff classification, including by one or more applications of this regulation.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Regional value content requirement","content":"## Part 3—Regional value content requirement","sortOrder":6},{"sectionNumber":"3.1","sectionType":"section","heading":"Regional value content requirement","content":"#### 3.1 Regional value content requirement\n\n  (1) For the purposes of subsection 153ZJE(5) of the Act, the regional value content of goods is worked out using the formula:\n  ![](image.002.png)\n  where:\n\n> customs value means the customs value of the goods worked out under Division 2 of Part VIII of the Act.\n\n> value of non‑originating materials means the value, worked out under Part 4, of the non‑originating materials that are acquired by the producer and are used by the producer in the production of the goods, other than non‑originating materials produced by the producer.\n\n  (2) Regional value content must be expressed as a percentage.","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"Determination of value","content":"## Part 4—Determination of value","sortOrder":8},{"sectionNumber":"4.1","sectionType":"section","heading":"Value of goods that are non‑originating materials","content":"#### 4.1 Value of goods that are non‑originating materials\n\n  (1) For the purposes of subsection 153ZJB(3) of the Act, the value of non‑originating materials used in the production of goods is:\n    (a) for non‑originating materials imported into the territory of Chile by the producer of the goods—the value of the materials worked out in accordance with the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994; or\n    (b) for non‑originating materials acquired in the territory of Chile—the value of those materials worked out under paragraph (a) on the assumption that those materials had been imported into the territory of Chile.\n  (2) For the purposes of paragraph (1)(a), in working out the value of particular non‑originating materials, the following are to be deducted:\n    (a) the costs of freight, insurance, packing and all other costs incurred to transport the non‑originating materials within the territory of Chile to the location of the producer of the goods;\n    (b) duties, taxes and customs brokerage fees on the non‑originating materials that:\n    (i) have been paid in the territory of Chile; and\n    (ii) have not been waived or refunded; and\n    (iii) are not refundable or otherwise recoverable;\n    including any credit against duties or taxes that have been paid or that are payable;\n    (c) if the non‑originating materials were imported from the territory of Australia:\n    (i) the costs of waste and spoilage resulting from the use of the non‑originating materials in the production of the goods in the territory of Chile;\n    (ii) the costs of processing incurred in the territory of Australia in the production of the non‑originating materials;\n    (iii) the costs of originating materials used in the production of the non‑originating materials in the territory of Australia.\n  (3) For the purposes of paragraph (1)(b), in working out the value of particular non‑originating materials, the following are to be deducted:\n    (a) the costs of freight, insurance, packing and all other costs incurred to transport the non‑originating materials within the territory of Chile to the location of the producer of the goods;\n    (b) duties, taxes and customs brokerage fees on the non‑originating materials that:\n    (i) have been paid in the territory of Chile; and\n    (ii) have not been waived or refunded; and\n    (iii) are not refundable or otherwise recoverable;\n    including any credit against duties or taxes that have been paid or that are payable;\n    (c) the costs of waste and spoilage resulting from the use of the non‑originating materials in the production of the goods in the territory of Chile;\n    (d) the costs of processing incurred in either or both of the territory of Chile and the territory of Australia in the production of the non‑originating materials;\n    (e) the costs of originating materials used in the production of the non‑originating materials in either or both of the territory of Chile and the territory of Australia.","sortOrder":9},{"sectionNumber":"4.2","sectionType":"section","heading":"Value of accessories, spare parts, tools or instructional or other information resources","content":"#### 4.2 Value of accessories, spare parts, tools or instructional or other information resources\n\n  If paragraphs 153ZJE(6)(a), (b), (c), (d) and (e) of the Act are satisfied in relation to goods:\n    (a) the value of the accessories, spare parts, tools or instructional or other information resources covered by paragraph 153ZJE(6)(e) of the Act must be taken into account for the purposes of working out the regional value content of the goods under regulation 3.1; and\n    (b) for the purposes of regulations 3.1 and 4.1, those accessories, spare parts, tools or instructional or other information resources are taken to be non‑originating materials used in the production of the goods.","sortOrder":10},{"sectionNumber":"4.3","sectionType":"section","heading":"Value of packaging material and container","content":"#### 4.3 Value of packaging material and container\n\n  If paragraphs 153ZJF(2)(a) and (b) of the Act are satisfied in relation to goods:\n    (a) the value of the packaging material or container in which the goods are packaged must be taken into account for the purposes of working out the regional value content of the goods under regulation 3.1; and\n    (b) for the purposes of regulations 3.1 and 4.1, that packaging material or container is taken to be a non‑originating material used in the production of the goods.","sortOrder":11}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: implementing the rules of origin provisions for the Australia-Chile Free Trade Agreement. The scope covers tariff classification changes, regional value content calculations, and valuation methodologies — all core components of origin determination. There is no evidence of scope creep into unrelated areas such as biosecurity, intellectual property, or other trade facilitation matters."},"complexity_factors":["Heavy reliance on defined terms from the parent Customs Act 1901 (6 terms defined by reference to external sections)","Mathematical formula with multiple defined variables requiring cross-referencing to Division 2 of Part VIII of the Act","Nested conditional logic in Part 4 with multiple deduction categories that differ slightly between paragraphs (1)(a) and (1)(b)","Recursive definition in regulation 2.1 allowing multiple applications of the same rule ('including by one or more applications of this regulation')","Extensive cross-referencing to specific subsections of the Act (153ZJB, 153ZJE, 153ZJF) without reproducing their content","Dual territorial application requiring tracking of whether materials were produced in Chile, Australia, or both"],"plain_english_summary":"These regulations set the technical rules for proving when goods imported from Chile qualify as “originating” under the Australia‑Chile Free Trade Agreement so importers can claim reduced customs duties. They spell out the origin tests (tariff‑change, regional‑value content) and valuation rules for inputs and deductions.\n\nWho it matters to: Australian importers, Chilean exporters, customs brokers and freight forwarders relying on the Agreement’s tariff preferences."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These Regulations implement the Customs Act's origin rules for Chile by prescribing how to calculate regional value content and the value of non‑originating materials (regs 2.1, 3.1, 4.1–4.3) consistent with subsections 153ZJB, 153ZJE and 153ZJF. The instrument sets procedural and valuation detail but does not itself amend or broaden the statutory categories in the Act; no change to the Act's substantive scope is evident on the face of the Regulations."},"complexity_factors":["Cross‑references to multiple provisions of the Customs Act (subsections 153ZJB, 153ZJE, 153ZJF) mean users must read primary and subordinate law together (see regs 1.4, 2.1, 3.1, 4.1–4.3).","Numeric calculation required: regional value content expressed as a percentage and computed using a formula that depends on customs value and the value of non‑originating materials (reg 3.1).","Valuation rules borrow the GATT Article VII methodology and create different deduction rules depending on whether materials were imported or acquired locally (reg 4.1(1)(a),(b); reg 4.1(2)–(3)).","Multiple, detailed deduction categories (freight/insurance/packing, taxes/duties/customs brokerage, waste/spoilage, processing costs, originating inputs) increase bookkeeping and calculation complexity (reg 4.1(2)–(3)).","Recursive and layered treatment of non‑originating materials: a material produced in Chile from other non‑originating materials can meet a tariff‑classification change by one or more applications of reg 2.1, creating transitive compliance checks.","Treats accessories, spare parts, tooling, instructions and packaging as non‑originating where statutory predicates are met, which expands items to be valued and documented (regs 4.2–4.3).","Limited administrative discretion—most rules are mechanical—but compliance burden is concentrated on producers/importers for record‑keeping and accurate valuation (see regs 2.1, 3.1, 4.1)."],"plain_english_summary":"These regulations set the mechanical rules for deciding if goods qualify as originating in Chile for customs purposes. They prescribe a regional value‑content formula (reg 3.1), detailed valuation and deduction rules for non‑originating materials (reg 4.1), and a tariff‑classification recursion for Chile‑produced non‑originating inputs (reg 2.1); producers and importers must calculate and document origin and value because the outcome affects entitlement to preferential treatment under the Customs Act."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/customs-chilean-rules-of-origin-regulations-2008","history":"/api/acts/customs-chilean-rules-of-origin-regulations-2008/history","analysis":"/api/acts/customs-chilean-rules-of-origin-regulations-2008/analysis","conflicts":"/api/acts/customs-chilean-rules-of-origin-regulations-2008/conflicts","importantCases":"/api/acts/customs-chilean-rules-of-origin-regulations-2008/important-cases","documents":"/api/acts/customs-chilean-rules-of-origin-regulations-2008/documents"}}