4.1Value of goods that are originating materials or non‑originating materials

4.1 Value of goods that are originating materials or non‑originating materials

(1) For the purposes of subsection 153ZIB(3) of the Act, this regulation explains how to work out the value of originating materials or non‑originating materials used or consumed in the production of goods. (2) The value of the materials is as follows: (a) for materials imported into New Zealand 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; (b) for materials acquired in New Zealand—the sum of: (i) the cost of acquisition; and (ii) the cost of transporting the materials to the producer of the goods, where that cost is not included in the cost of acquisition; (c) for materials that are produced by the producer of the goods—the sum of: (i) all the costs incurred in the production of the materials, including general expenses; and (ii) an amount that is the equivalent of the amount of profit that the producer would make for the materials in the normal course of trade. (3) In working out the value of particular originating materials under subregulation (2), the following may be included, to the extent that they have not been taken into account under that subregulation: (a) the costs of freight, insurance, packing and all other costs incurred to transport the materials within New Zealand, or between Australia and New Zealand, to the location of the producer of the goods; (b) duties, taxes and customs brokerage fees on the materials that: (i) have been paid in either or both of New Zealand and Australia; and (ii) have not been waived or refunded; and (iii) are not refundable or otherwise recoverable; including any credit against duties or taxes that have been paid or that are payable; (c) the costs of waste and spoilage resulting from the use of the materials in the production of the goods, reduced by the value of renewable scrap or by‑products. (4) In working out the value of particular non‑originating materials under subregulation (2), the following are to be deducted if they were included under that subregulation: (a) the costs of freight, insurance, packing and all other costs incurred to transport the non‑originating materials within New Zealand, or between Australia and New Zealand, to the location of the producer of the goods; (b) duties, taxes and customs brokerage fees on the non‑originating materials that: (i) have been paid in either or both of New Zealand and Australia; and (ii) have not been waived or refunded; and (iii) are not refundable or otherwise recoverable; including any credit against duties or taxes that have been paid or that are payable; (c) the costs of waste and spoilage resulting from the use of the non‑originating materials in the production of the goods, reduced by the value of renewable scrap or by‑products; (d) the costs of processing incurred in either or both of New Zealand and Australia in the production of the non‑originating materials; (e) the costs of originating materials used or consumed in the production of the non‑originating materials in either or both of New Zealand and Australia.