Council Decision (EU) 2021/1764 of 5 October 2021 on the association of the Overseas Countries and Territories with the European Union including relations between the European Union on the one hand, and Greenland and the Kingdom of Denmark on the other (Decision on the Overseas Association, including Greenland)

32021D1764

Den Europæiske UnionAfgørelse2021

European Union

Article 35

§ Article 4

Article 4(2) of this Annex, concerning products having acquired originating status which are used in the manufacture of other products, shall apply, regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the OCT or in the Union.

3.2.

Pursuant to Article 5 of this Annex, the working or processing carried out must go beyond the list of operations referred to in that Article. If it does not, the goods shall not qualify for the granting of the benefit of preferential tariff treatment, even if the conditions set out in the list below are met.

Subject to Article 5 of this Annex, the rules in the list represent the minimum amount of working or processing required, and the carrying-out of more working or processing also confers originating status; conversely, the carrying-out of less working or processing cannot confer originating status. Thus, if a rule provides that non-originating material, at a certain level of manufacture, may be used, the use of such material at an earlier stage of manufacture is allowed, and the use of such material at a later stage is not.

3.3.

Without prejudice to Note 3.2, where a rule uses the expression Manufacture from materials of any heading, then materials of any heading(s) (even materials of the same description and heading as the product) may be used, subject, however, to any specific limitations which may also be contained in the rule.

However, the expression Manufacture from materials of any heading, including other materials of heading … or Manufacture from materials of any heading, including other materials of the same heading as the product means that materials of any heading(s) may be used, except those of the same description as the product as given in column 2 of the list.

3.4.

When a rule in the list specifies that a product may be manufactured from more than one material, this means that one or more materials may be used. It does not require that all be used.

3.5.

Where a rule in the list specifies that a product must be manufactured from a particular material, the rule does not prevent the use also of other materials which, because of their inherent nature, cannot satisfy this condition.

Note 4 – General provisions concerning certain agricultural goods

4.1.

Agricultural goods falling within Chapters 6, 7, 8, 9, 10, 12 and heading 2401 which are grown or harvested in the territory of an OCT shall be treated as originating in the territory of that OCT, even if grown from seeds, bulbs, rootstock, cuttings, grafts, shoots, buds, or other live parts of plants imported from another country.

4.2.

In cases where the content of non-originating sugar in a given product is subject to limitations, the weight of sugars of headings 1701 (sucrose) and 1702 (e.g. fructose, glucose, lactose, maltose, isoglucose or invert sugar) used in the manufacture of the final product and used in the manufacture of the non-originating products incorporated in the final product is taken into account for the calculation of such limitations.

Note 5 – Terminology used in respect of certain textile products

5.1.

The term natural fibres is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres which have been carded, combed or otherwise processed, but not spun.

5.2.

The term natural fibres includes horsehair of heading 0503, silk of headings 5002 and 5003, as well as wool-fibres and fine or coarse animal hair of headings 5101 to 5105, cotton fibres of headings 5201 to 5203, and other vegetable fibres of headings 5301 to 5305.

5.3.

The terms textile pulp, chemical materials and paper-making materials are used in the list to describe the materials, not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.

5.4.

The term man-made staple fibres is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 5501 to 5507.

Note 6 – Tolerances applicable to products made of a mixture of textile materials

6.1.

Where, for a given product in the list, reference is made to this Note, the conditions set out in column 3 shall not be applied to any basic textile materials used in the manufacture of this product and which, taken together, represent 10 % or less of the total weight of all the basic textile materials used. (See also Notes 6.3 and 6.4)

6.2.

However, the tolerance mentioned in Note 6.1 may be applied only to mixed products which have been made from two or more basic textile materials.

The following are the basic textile materials:

silk;

wool;

coarse animal hair;

fine animal hair;

horsehair;

cotton;

paper-making materials and paper;

flax;

true hemp;

jute and other textile bast fibres;

sisal and other textile fibres of the genus Agave;

coconut, abaca, ramie and other vegetable textile fibres;

synthetic man-made filaments;

artificial man-made filaments;

current-conducting filaments;

synthetic man-made staple fibres of polypropylene;

synthetic man-made staple fibres of polyester;

synthetic man-made staple fibres of polyamide;

synthetic man-made staple fibres of polyacrylonitrile;

synthetic man-made staple fibres of polyimide;

synthetic man-made staple fibres of polytetrafluoroethylene;

synthetic man-made staple fibres of poly(phenylene sulphide);

synthetic man-made staple fibres of poly(vinyl chloride);

other synthetic man-made staple fibres;

artificial man-made staple fibres of viscose;

other artificial man-made staple fibres;

yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped;

yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped;

products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film;

other products of heading 5605;

glass fibres;

metal fibres.

Example:

A yarn, of heading 5205, made from cotton fibres of heading 5203 and synthetic staple fibres of heading 5506, is a mixed yarn. Therefore, non-originating synthetic staple fibres which do not satisfy the origin rules may be used, provided that their total weight does not exceed 10 % of the weight of the yarn.

Example:

A woollen fabric, of heading 5112, made from woollen yarn of heading 5107 and synthetic yarn of staple fibres of heading 5509, is a mixed fabric. Therefore, synthetic yarn which does not satisfy the origin rules, or woollen yarn which does not satisfy the origin rules, or a combination of the two, may be used, provided that their total weight does not exceed 10 % of the weight of the fabric.

Example:

Tufted textile fabric, of heading 5802, made from cotton yarn of heading 5205 and cotton fabric of heading 5210, is only a mixed product if the cotton fabric is itself a mixed fabric made from yarns classified in two separate headings, or if the cotton yarns used are themselves mixtures.

Example:

If the tufted textile fabric concerned had been made from cotton yarn of heading 5205 and synthetic fabric of heading 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is, accordingly, a mixed product.

6.3.

In the case of products incorporating yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped, the tolerance is 20 % in respect of this yarn.

6.4.

In the case of products incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film, the tolerance is 30 % in respect of this strip.

Note 7 – Other tolerances applicable to certain textile products

7.1.

Where, in the list, reference is made to this Note, textile materials which do not satisfy the rule set out in the list in column 3 for the made-up product concerned, may be used, provided that they are classified in a heading other than that of the product and that their value does not exceed 8 % of the ex-works price of the product.

7.2.

Without prejudice to Note 7.3, materials which are not classified within Chapters 50 to 63 may be used freely in the manufacture of textile products, whether or not they contain textiles.

Example:

If a rule in the list provides that, for a particular textile item (such as trousers), yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners, even though slide-fasteners normally contain textiles.

7.3.

Where a percentage rule applies, the value of materials which are not classified within Chapters 50 to 63 must be taken into account when calculating the value of the non-originating materials incorporated.

Note 8 – Definition of specific processes and simple operations carried out in respect of certain products of Chapter 27

8.1.

For the purposes of headings ex2707 and 2713, the specific processes are the following:

(a) vacuum-distillation;

(b) redistillation by a very thorough fractionation-process(1);

(d) reforming;

(e) extraction by means of selective solvents;

(f) the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite;

(g) polymerisation;

(h) alkylation;

(i) isomerisation.

8.2.

For the purposes of headings 2710, 2711 and 2712, the specific processes are the following:

(a) vacuum-distillation;

(b) redistillation by a very thorough fractionation-process

See additional explanatory Note 4(b) to Chapter 27 of the Combined Nomenclature.

;

(d) reforming;

(e) extraction by means of selective solvents;

(g) polymerisation;

(h) alkylation;

(i) isomerisation;

(j) in respect of heavy oils of heading ex2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85 % of the sulphur-content of the products processed (ASTM D 1266-59 T method);

(k) in respect of products of heading 2710 only, deparaffining by a process other than filtering;

(l) in respect of heavy oils of heading ex2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex2710 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;

(m) in respect of fuel oils of heading ex2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C, by the ASTM D 86 method;

(n) in respect of heavy oils other than gas oils and fuel oils of heading ex2710 only, treatment by means of a high-frequency electrical brush-discharge;

(o) in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0,75 % of oil) of heading ex2712 only, de-oiling by fractional crystallisation.

8.3.

For the purposes of headings ex2707 and 2713, simple operations, such as cleaning, decanting, desalting, water-separation, filtering, colouring, marking, obtaining a sulphur-content as a result of mixing products with different sulphur-contents, or any combination of these operations or like operations, do not confer origin.

List of products and working or processing operations which confer originating status

See Introductory Note 4.2.

For the special conditions relating to specific processes, see Introductory Notes 8.1 and 8.3.

For the special conditions relating to specific processes, see Introductory Note 8.2.

In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.

See Introductory Note 7.

SEMII – Semiconductor Equipment and Materials Institute Incorporated.

Harmonized System headingDescription of productQualifying operation (Working or processing, carried out on non-originating materials, which confers originating status)(1)(2)(3)Chapter 1Live animalsAll the animals of Chapter 1 are wholly obtainedChapter 2Meat and edible meat offalManufacture in which all the meat and edible meat offal in the products of this Chapter is wholly obtainedex Chapter 3Fish and crustaceans, molluscs and other aquatic invertebrates, except for:All fish and crustaceans, molluscs and other aquatic invertebrates are wholly obtained0304Fish fillets and other fish meat (whether or not minced), fresh, chilled of frozenManufacture in which all the materials of Chapter 3 used are wholly obtained0305Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumptionManufacture in which all the materials of Chapter 3 used are wholly obtainedex0306Crustaceans, whether in shell or not, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumptionManufacture in which all the materials of Chapter 3 used are wholly obtainedex0307Molluscs, whether in shell or not, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumptionManufacture in which all the materials of Chapter 3 used are wholly obtainedChapter 4Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included;

Manufacture in which:

all the materials of Chapter 4 used are wholly obtained; and

the weight of sugar used does not exceed 40 % of the weight of the final product

ex Chapter 5Products of animal origin, not elsewhere specified or included, except for:Manufacture from materials of any headingex051191Inedible fish eggs and roesAll the eggs and roes are wholly obtained

Chapter 6Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliageManufacture in which all the materials of Chapter 6 used are wholly obtainedChapter 7Edible vegetables and certain roots and tubersManufacture in which all the materials of Chapter 7 used are wholly obtainedChapter 8Edible fruit and nuts; peel of citrus fruits or melons

Manufacture in which:

all the fruit, nuts and peels of citrus fruits or melons of Chapter 8 used are wholly obtained, and

the weight of sugar used does not exceed 40 % of the weight of the final product

Chapter 9Coffee, tea, maté and spices;Manufacture from materials of any headingChapter 10CerealsManufacture in which all the materials of Chapter 10 used are wholly obtainedex Chapter 11Products of the milling industry; malt; starches; inulin; wheat gluten; except for:Manufacture in which all the materials of Chapters 10 and 11, headings 0701 and 2303, and subheading 071010 used are wholly obtainedex1106Flour, meal and powder of the dried, shelled leguminous vegetables of heading 0713Drying and milling of leguminous vegetables of heading 0708Chapter 12Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodderManufacture from materials of any heading, except that of the productChapter 13Lac; gums, resins and other vegetable saps and extractsManufacture from materials of any heading, in which the weight of sugar used does not exceed 40 % of the weight of the final productChapter 14Vegetable plaiting materials; vegetable products not elsewhere specified or includedManufacture from materials of any headingex Chapter 15Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes; except for:Manufacture from materials of any subheading, except that of the product1501 to 1504Fats from pig, poultry, bovine, sheep or goat, fish, etc.Manufacture from materials of any heading except that of the product

1505, 1506 and 1520Wool grease and fatty substances derived therefrom (including lanolin). Other animal fats and oils and their fractions, whether or not refined, but not chemically modified. Glycerol, crude; glycerol waters and glycerol lyes.Manufacture from materials of any heading1509 and 1510Olive oil and its fractionsManufacture in which all the vegetable materials used are wholly obtained1516 and 1517

Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared

Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516

Manufacture from materials of any heading, except that of the productChapter 16Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates

Manufacture:

from materials of any heading, except meat and edible meat offal of Chapter 2 and materials of Chapter 16 obtained from meat and edible meat offal of Chapter 2, and

in which all the materials of Chapter 3 and materials of Chapter 16 obtained from fish and crustaceans, molluscs and other aquatic invertebrates of Chapter 3 used are wholly obtained

ex Chapter 17Sugars and sugar confectionery; except for:Manufacture from materials of any heading, except that of the product1702Other sugars, including chemically pure lactose and glucose, in solid form; sugar syrups; artificial honey, whether or not mixed with natural honey; caramelManufacture from materials of any heading, except that of the product, in which the weight of the materials of headings 1101 to 1108, 1701 and 1703 used does not exceed 30 % of the weight of the final product1704Sugar confectionery (including white chocolate), not containing cocoa

Manufacture from materials of any heading, except that of the product, in which:

the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and

the total combined weight of sugar and the materials of Chapter 4 used does not exceed 60 % of the weight of final product

Chapter 18Cocoa and cocoa preparations

Manufacture from materials of any heading, except that of the product, in which:

the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and

the total combined weight of sugar and the materials of Chapter 4 used does not exceed 60 % of the weight of final product

Chapter 19Preparations of cereals, flour, starch or milk; pastrycooks’ products

Manufacture from materials of any heading, except that of the product, in which:

the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product, and

the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and

the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and

the total combined weight of sugar and the materials of Chapter 4 used does not exceed 60 % of the weight of final product

ex Chapter 20Preparations of vegetables, fruit, nuts or other parts of plants; except for:Manufacture from materials of any heading, except that of the product, in which the weight of sugar used does not exceed 40 % of the weight of the final product2002 and 2003Tomatoes, mushrooms and truffles prepared or preserved otherwise than by vinegar of acetic acidManufacture in which all the materials of Chapters 7 used are wholly obtainedChapter 21Miscellaneous edible preparations; except for:

Manufacture from materials of any heading, except that of the product, in which:

the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and

the total combined weight of sugar and the materials of Chapter 4 used does not exceed 60 % of the weight of final product

Chapter 22Beverages, spirits and vinegar

Manufacture from materials of any heading, except that of the product and headings 2207 and 2208, in which:

all the materials of subheadings 080610, 200961, 200969 used are wholly obtained, and

the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and

the total combined weight of sugar and the materials of Chapter 4 used does not exceed 60 % of the weight of final product

ex Chapter 23Residues and waste from the food industries; prepared animal fodder; except for:Manufacture from materials of any heading, except that of the product

ex2302

ex2303

Residues of starch manufactureManufacture from materials of any heading, except that of the product, in which the weight of the materials of Chapter 10 used does not exceed 20 % of the weight of the final product2309Preparations of a kind used in animal feeding

Manufacture from materials of any heading, except that of the product, in which:

all the materials of Chapters 2 and 3 used are wholly obtained, and

the weight of materials of Chapter 10 and 11 and headings 2302 and 2303 used does not exceed 20 % of the weight of the final product, and

the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and

the total combined weight of sugar and the materials of Chapter 4 used does not exceed 60 % of the weight of final product

ex Chapter 24Tobacco and manufactured tobacco substitutes; except for:Manufacture from materials of any heading in which the weight of materials of Chapter 24 used does not exceed 30 % of the total weight of materials of Chapter 24 used2401Unmanufactured tobacco; tobacco refuseAll unmanufactured tobacco and tobacco refuse of Chapter 24 is wholly obtained

2402Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutesManufacture from materials of any heading, except that of the product and of heading 2403, and in which the weight of materials of heading 2401 used does not exceed 50 % of the total weight of materials of heading 2401 usedex Chapter 25Salt; sulphur; earths and stone; plastering materials, lime and cement; except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex2519Crushed natural magnesium carbonate (magnesite), in hermetically-sealed containers, and magnesium oxide, whether or not pure, other than fused magnesia or dead-burned (sintered) magnesiaManufacture from materials of any heading, except that of the product. However, natural magnesium carbonate (magnesite) may be usedChapter 26Ores, slag and ashManufacture from materials of any heading, except that of the productex Chapter 27Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes, except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex2707Oils in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents, being oils similar to mineral oils obtained by distillation of high temperature coal tar, of which more than 65 % by volume distils at a temperature of up to 250 °C (including mixtures of petroleum spirit and benzole), for use as power or heating fuels

Operations of refining and/or one or more specific process(es)

Other operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product

2710Petroleum oils and oils obtained from bituminous materials, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous materials, these oils being the basic constituents of the preparations; waste oils

Operations of refining and/or one or more specific process(es)

2711Petroleum gases and other gaseous hydrocarbons

Operations of refining and/or one or more specific process(es)

2712Petroleum jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not coloured

Operations of refining and/or one or more specific process(es)

2713Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous materials

Operations of refining and/or one or more specific process(es)

ex Chapter 28Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes; except for:

Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex Chapter 29Organic chemicals; except for:

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex2905Metal alcoholates of alcohols of this heading and of ethanol; except for:

Manufacture from materials of any heading, including other materials of heading 2905. However, metal alcoholates of this heading may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

290543;

290544;

290545

Mannitol; D-glucitol (sorbitol); Glycerol

Manufacture from materials of any subheading, except that of the product. However, materials of the same subheading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

Chapter 30Pharmaceutical productsManufacture from materials of any headingChapter 31Fertilisers

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

Chapter 32Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

Chapter 33Essential oils and resinoids; perfumery, cosmetic or toilet preparations; except for:

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex Chapter 34Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, dental waxes and dental preparations with a basis of plaster, except for:

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex3404

Artificial waxes and prepared waxes:

With a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax

Manufacture from materials of any headingChapter 35Albuminoidal substances; modified starches; glues; enzymesManufacture from materials of any heading, except that of the product, in which the value of all the materials used does not exceed 50 % of the ex-works price of the productChapter 36Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

Chapter 37Photographic or cinematographic goods

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex Chapter 38Miscellaneous chemical products; except for:

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

382460Sorbitol other than that of subheading 290544

Manufacture from materials of any subheading, except that of the product and except materials of subheading 290544. However, materials of the same subheading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex Chapter 39Plastics and articles thereof; except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex3907

Copolymer, made from polycarbonate and acrylonitrile-butadiene-styrene copolymer (ABS)

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

Polyester

Manufacture from materials of any heading, except that of the product

Manufacture from polycarbonate of tetrabromo-(bisphenol A)

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex Chapter 40Rubber and articles thereof; except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

4012Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, tyre treads and tyre flaps, of rubber:

Retreaded pneumatic, solid or cushion tyres, of rubber

Retreading of used tyres

Other

Manufacture from materials of any heading, except those of headings 4011 and 4012

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex Chapter 41Raw hides and skins (other than furskins) and leather; except for:Manufacture from materials of any heading, except that of the product4101 to 4103Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not dehaired or split; raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not with wool on or split, other than those excluded by note 1(c) to Chapter 41; other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not dehaired or split, other than those excluded by note 1(b) or 1(c) to Chapter 41Manufacture from materials of any heading

4104 to 4106Tanned or crust hides and skins, without wool or hair on, whether or not split, but not further prepared

Re-tanning of tanned or pre-tanned hides and skins of subheadings 410411, 410419, 410510, 410621, 410631 or 410691,

Manufacture from materials of any heading, except that of the product

4107, 4112, 4113Leather further prepared after tanning or crustingManufacture from materials of any heading, except that of the product. However, materials of subheadings 410441, 410449, 410530, 410622, 410632 and 410692 may be used only if a re-tanning operation of the tanned or crust hides and skins in the dry state takes placeChapter 42Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut)

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex Chapter 43Furskins and artificial fur; manufactures thereof; except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

4301Raw furskins (including heads, tails, paws and other pieces or cuttings, suitable for furrier’s use), other than raw hides and skins of heading 4101, 4102 or 4103Manufacture from materials of any headingex4302Tanned or dressed furskins, assembled:

Plates, crosses and similar forms

Bleaching or dyeing, in addition to cutting and assembly of non-assembled tanned or dressed furskins

Other

Manufacture from non-assembled, tanned or dressed furskins

4303Articles of apparel, clothing accessories and other articles of furskinManufacture from non-assembled tanned or dressed furskins of heading 4302ex Chapter 44Wood and articles of wood; wood charcoal; except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex4407Wood sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm, planed, sanded or end-jointedPlaning, sanding or end-jointingex4408Sheets for veneering (including those obtained by slicing laminated wood) and for plywood, of a thickness not exceeding 6 mm, spliced, and other wood sawn lengthwise, sliced or peeled of a thickness not exceeding 6 mm, planed, sanded or end-jointedSplicing, planing, sanding or endjointingex4410 to ex4413Beadings and mouldings, including moulded skirting and other moulded boardsBeading or mouldingex4415Packing cases, boxes, crates, drums and similar packings, of woodManufacture from boards not cut to sizeex4418

Builders’ joinery and carpentry of wood

Manufacture from materials of any heading, except that of the product. However, cellular wood panels, shingles and shakes may be used

Beadings and mouldings

Beading or mouldingex4421Match splints; wooden pegs or pins for footwearManufacture from wood of any heading, except drawn wood of heading 4409Chapter 45Cork and articles of cork

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

Chapter 46Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

Chapter 47Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

Chapter 48Paper and paperboard; articles of paper pulp, of paper or of paperboard

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

Chapter 49Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex Chapter 50Silk; except for:Manufacture from materials of any heading, except that of the productex5003Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combedCarding or combing of silk waste5004 to ex5006Silk yarn and yarn spun from silk wasteSpinning of natural fibres or extrusion of man-made fibres accompanied by spinning or twisting

5007Woven fabrics of silk or of silk waste:

Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn or twisting, in each case accompanied by weaving

Weaving accompanied by dyeing

Yarn dyeing accompanied by weaving

Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

ex Chapter 51Wool, fine or coarse animal hair; horsehair yarn and woven fabric; except for:Manufacture from materials of any heading, except that of the product5106 to 5110Yarn of wool, of fine or coarse animal hair or of horsehairSpinning of natural fibres or extrusion of man-made fibres accompanied by spinning5111 to 5113Woven fabrics of wool, of fine or coarse animal hair or of horsehair:

Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving

Weaving accompanied by dyeing

Yarn dyeing accompanied by weaving

ex Chapter 52Cotton; except for:Manufacture from materials of any heading, except that of the product5204 to 5207Yarn and thread of cottonSpinning of natural fibres or extrusion of man-made fibres accompanied by spinning5208 to 5212Woven fabrics of cotton:

Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving

Weaving accompanied by dyeing or by coating

Yarn dyeing accompanied by weaving

ex Chapter 53Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn; except for:Manufacture from materials of any heading, except that of the product5306 to 5308Yarn of other vegetable textile fibres; paper yarnSpinning of natural fibres or extrusion of man-made fibres accompanied by spinning5309 to 5311Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn:

Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving

Weaving accompanied by dyeing or by coating

Yarn dyeing accompanied by weaving

5401 to 5406Yarn, monofilament and thread of man-made filamentsExtrusion of man-made fibres accompanied by spinning or spinning of natural fibres5407 and 5408Woven fabrics of man-made filament yarn:

Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving

Weaving accompanied by dyeing or by coating

Twisting or texturing accompanied by weaving provided that the value of the non-twisted/non-textured yarns used does not exceed 47,5 % of the ex-works price of the product

5501 to 5507Man-made staple fibresExtrusion of man-made fibres5508 to 5511Yarn and sewing thread of man-made staple fibresSpinning of natural fibres or extrusion of man-made fibres accompanied by spinning

5512 to 5516Woven fabrics of man-made staple fibres:

Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving

Weaving accompanied by dyeing or by coating

Yarn dyeing accompanied by weaving

ex Chapter 56Wadding, felt and non-wovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for:

Extrusion of man-made fibres accompanied by spinning or spinning of natural fibres

Flocking accompanied by dyeing or printing

5602Felt, whether or not impregnated, coated, covered or laminated:

Needleloom felt

Extrusion of man-made fibres accompanied by fabric formation,

However:

polypropylene filament of heading 5402,

polypropylene fibres of heading 5503 or 5506, or

polypropylene filament tow of heading 5501,

of which the denomination in all cases of a single filament or fibre is less than 9 decitex,

may be used, provided that their total value does not exceed 40 % of the ex-works price of the product

Fabric formation alone in the case of felt made from natural fibres

Other

Extrusion of man-made fibres accompanied by fabric formation,

Fabric formation alone in the case of other felt made from natural fibres

5603Nonwovens, whether or not impregnated, coated, covered or laminatedExtrusion of man-made fibres, or use of natural fibres, accompanied by nonwoven techniques including needle punching5604Rubber thread and cord, textile covered; textile yarn, and strip and the like of heading 5404 or 5405, impregnated, coated, covered or sheathed with rubber or plastics:

Rubber thread and cord, textile covered

Manufacture from rubber thread or cord, not textile covered

Other

Extrusion of man-made fibres accompanied by spinning or spinning of natural fibres5605Metallised yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the form of thread, strip or powder or covered with metalExtrusion of man-made fibres accompanied by spinning or spinning of natural and/or man-made staple fibres5606Gimped yarn, and strip and the like of heading 5404 or 5405, gimped (other than those of heading 5605 and gimped horsehair yarn); chenille yarn (including flock chenille yarn); loop wale-yarn

Extrusion of man-made fibres accompanied by spinning or spinning of natural and/or man-made staple fibres

Spinning accompanied with flocking

Flocking accompanied by dyeing

Chapter 57Carpets and other textile floor coverings:

Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving

Manufacture from coir yarn or sisal yarn or jute yarn

Flocking accompanied by dyeing or by printing

Tufting accompanied by dyeing or by printing

Extrusion of man-made fibres accompanied by non-woven techniques including needle punching

However:

polypropylene filament of heading 5402,

polypropylene fibres of heading 5503 or 5506, or

polypropylene filament tow of heading 5501,

of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used, provided that their total value does not exceed 40 % of the ex-works price of the product

Jute fabric may be used as a backing

ex Chapter 58Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery; except for:

Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving

Weaving accompanied by dyeing or flocking or coating

Flocking accompanied by dyeing or by printing

Yarn dyeing accompanied by weaving

5805Hand-woven tapestries of the types Gobelins, Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made upManufacture from materials of any heading, except that of the product

5810Embroidery in the piece, in strips or in motifsManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product5901Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like; tracing cloth; prepared painting canvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations

Weaving accompanied by dyeing or by flocking or by coating

Flocking accompanied by dyeing or printing

5902Tyre cord fabric of high tenacity yarn of nylon or other polyamides, polyesters or viscose rayon:

Containing not more than 90 % by weight of textile materials

Weaving

Other

Extrusion of man-made fibres accompanied by weaving5903Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902

Weaving accompanied by dyeing or by coating

5904Linoleum, whether or not cut to shape; floor coverings consisting of a coating or covering applied on a textile backing, whether or not cut to shapeWeaving accompanied by dyeing or by coating5905Textile wall coverings:

Impregnated, coated, covered or laminated with rubber, plastics or other materials

Weaving accompanied by dyeing or by coating

Other

Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving

Weaving accompanied by dyeing or by coating

5906Rubberised textile fabrics, other than those of heading 5902:

Knitted or crocheted fabrics

Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting

Knitting accompanied by dyeing or by coating

Dyeing of yarn of natural fibres accompanied by knitting

Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials

Extrusion of man-made fibres accompanied by weaving

Other

Weaving accompanied by dyeing or by coating

Dyeing of yarn of natural fibres accompanied by weaving

5907Textile fabrics otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio back-cloths or the like

Weaving accompanied by dyeing or by flocking or by coating

Flocking accompanied by dyeing or by printing

5908Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefor, whether or not impregnated:

Incandescent gas mantles, impregnated

Manufacture from tubular knitted gas-mantle fabric

Other

Manufacture from materials of any heading, except that of the product5909 to 5911Textile articles of a kind suitable for industrial use:

Polishing discs or rings other than of felt of heading 5911

Weaving

Woven fabrics, of a kind commonly used in papermaking or other technical uses, felted or not, whether or not impregnated or coated, tubular or endless with single or multiple warp and/or weft, or flat woven with multiple warp and/or weft of heading 5911

Extrusion of man-made fibres or Spinning of natural and/or of man-made staple fibres, in each case accompanied by weaving

Weaving accompanied by dyeing or coating

Only the following fibres may be used:

coir yarn

yarn of polytetrafluoroethylene,

yarn, multiple, of polyamide, coated impregnated or covered with a phenolic resin,

yarn of synthetic textile fibres of aromatic polyamides, obtained by polycondensation of m-phenylenediamine and isophthalic acid,

monofil of polytetrafluoroethylene,

yarn of synthetic textile fibres of poly(p-phenylene terephthalamide),

glass fibre yarn, coated with phenol resin and gimped with acrylic yarn,

copolyester monofilaments of a polyester and a resin of terephthalic acid and 1,4-cyclohexanediethanol and isophthalic acid

Other

Extrusion of man-made filament yarn or spinning of natural or man-made staple fibres, accompanied by weaving

Weaving accompanied by dyeing or coating

Chapter 60Knitted or crocheted fabrics

Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting

Knitting accompanied by dyeing or by flocking or by coating

Flocking accompanied by dyeing or by printing

Dyeing of yarn of natural fibres accompanied by knitting

Twisting or texturing accompanied by knitting provided that the value of the non-twisted/non-textured yarns used does not exceed 47,5 % of the ex-works price of the product

Chapter 61Articles of apparel and clothing accessories, knitted or crocheted:

Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form

Knitting and making-up (including cutting)

Other

Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting (knitted to shape products)

Dyeing of yarn of natural fibres accompanied by knitting (knitted to shape products)

ex Chapter 62Articles of apparel and clothing accessories, not knitted or crocheted; except for:

Weaving accompanied by making-up (including cutting)

Making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

ex6202, ex6204, ex6206, ex6209 and ex6211Women’s, girls’ and babies’ clothing and clothing accessories for babies, embroidered

Weaving accompanied by making-up (including cutting)

Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product

ex6210 and ex6216Fire-resistant equipment of fabric covered with foil of aluminised polyester

Weaving accompanied by making-up (including cutting)

Coating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting)

ex6212Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, knitted or crocheted- Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to formKnitting and making-up (including cutting)

Other

Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting (knitted to shape products)

Dyeing of yarn of natural fibres accompanied by knitting (knitted to shape products)

6213 and 6214Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like:

Embroidered

Weaving accompanied by making-up (including cutting)

Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product

Other

Weaving accompanied by making-up (including cutting)

Making-up followed by printing accompanied by at least two preparatory finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product

6217Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212:

Embroidered

Weaving accompanied by making-up (including cutting)

Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product

Fire-resistant equipment of fabric covered with foil of aluminised polyester

Weaving accompanied by making-up (including cutting)

Coating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting)

Interlinings for collars and cuffs, cut out

Manufacture from materials of any heading, except that of the product, and in which the value of all the materials used does not exceed 40 % of the ex-works price of the product

Other

Weaving accompanied by making-up (including cutting)ex Chapter 63Other made-up textile articles; sets; worn clothing and worn textile articles; rags; except for:Manufacture from materials of any heading, except that of the product6301 to 6304Blankets, travelling rugs, bed linen etc.; curtains etc.; other furnishing articles:

Of felt, of nonwovens

Extrusion of man-made fibres or use of natural fibres in each case accompanied by non-woven process including needle punching and making-up (including cutting)

Other:

Embroidered

Weaving or knitting accompanied by making-up (including cutting)

Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product

Other

Weaving or knitting accompanied by making-up (including cutting)6305Sacks and bags, of a kind used for the packing of goodsExtrusion of man-made fibres or spinning of natural and/or man-made staple fibres accompanied by weaving or knitting and making-up (including cutting)6306Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods:

Of nonwovens

Extrusion of man-made fibres or natural fibres in each case accompanied by any non-woven techniques including needle punching

Other

Weaving accompanied by making-up (including cutting)

Coating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting)

6307Other made-up articles, including dress patternsManufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product6308Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail saleEach item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex-works price of the setex Chapter 64Footwear, gaiters and the like; parts of such articles; except for:Manufacture from materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole components of heading 64066406Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable in-soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereofManufacture from materials of any heading, except that of the productChapter 65Headgear and parts thereofManufacture from materials of any heading, except that of the productChapter 66Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

Chapter 67Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hairManufacture from materials of any heading, except that of the productex Chapter 68Articles of stone, plaster, cement, asbestos, mica or similar materials, except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex6803Articles of slate or of agglomerated slateManufacture from worked slate

ex6812Articles of asbestos; articles of mixtures with a basis of asbestos or of mixtures with a basis of asbestos and magnesium carbonateManufacture from materials of any headingex6814Articles of mica, including agglomerated or reconstituted mica, on a support of paper, paperboard or other materialsManufacture from worked mica (including agglomerated or reconstituted mica)Chapter 69Ceramic products

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex Chapter 70Glass and glassware, except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

7006Glass of heading 7003, 7004 or 7005, bent, edge-worked, engraved, drilled,

Glass-plate substrates, coated with a dielectric thin film, and of a semiconductor grade in accordance with SEMII-standards

Manufacture from non-coated glass-plate substrate of heading 7006

Other

Manufacture from materials of heading 70017010Carboys, bottles, flasks, jars, pots, phials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass

Manufacture from materials of any heading, except that of the product

Cutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product

7013Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018)

Manufacture from materials of any heading, except that of the product

Cutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product

Hand-decoration (except silk-screen printing) of hand-blown glassware, provided that the total value of the hand-blown glassware used does not exceed 50 % of the ex-works price of the product

ex Chapter 71Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin, except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

7106, 7108 and 7110Precious metals:

Unwrought

Manufacture from materials of any heading, except those of headings 7106, 7108 and 7110

Electrolytic, thermal or chemical separation of precious metals of heading 7106, 7108 or 7110

Fusion and/or alloying of precious metals of heading 7106, 7108 or 7110 with each other or with base metals

Semi-manufactured or in powder form

Manufacture from unwrought precious metalsex7107, ex7109 and ex7111Metals clad with precious metals, semi-manufacturedManufacture from metals clad with precious metals, unwrought7115Other articles of precious metal or of metal clad with precious metalManufacture from materials of any heading, except that of the product

7117Imitation jewellery

Manufacture from materials of any heading, except that of the product

Manufacture from base metal parts, not plated or covered with precious metals, provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex Chapter 72Iron and steel; except for:Manufacture from materials of any heading, except that of the product7207Semi-finished products of iron or non-alloy steelManufacture from materials of heading 7201, 7202, 7203, 7204, 7205 or 72067208 to 7216Flat-rolled products, bars and rods, angles, shapes and sections of iron or non-alloy steelManufacture from ingots or other primary forms or semi-finished materials of heading 7206 or 72077217Wire of iron or non-alloy steelManufacture from semi-finished materials of heading 7207721891 and 721899Semi-finished productsManufacture from materials of heading 7201, 7202, 7203, 7204, 7205 or subheading 7218107219 to 7222Flat-rolled products, bars and rods, angles, shapes and sections of stainless steelManufacture from ingots or other primary forms or semi-finished materials of heading 72187223Wire of stainless steelManufacture from semi-finished materials of heading 7218722490Semi-finished productsManufacture from materials of heading 7201, 7202, 7203, 7204, 7205 or subheading 7224107225 to 7228Flat-rolled products, hot-rolled bars and rods, in irregularly wound coils; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steelManufacture from ingots or other primary forms or semi-finished materials of heading 7206, 7207, 7218 or 72247229Wire of other alloy steelManufacture from semi-finished materials of heading 7224ex Chapter 73Articles of iron or steel; except for:Manufacture from materials of any heading, except that of the productex7301Sheet pilingManufacture from materials of heading 7207

7302Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole pates (base plates), rail clips, bedplates, ties and other material specialised for jointing or fixing railsManufacture from materials of heading 72067304, 7305 and 7306Tubes, pipes and hollow profiles, of iron (other than cast iron) or steelManufacture from materials of heading 7206, 7207, 7208, 7209, 7210, 7211, 7212, 7218, 7219, 7220 or 7224ex7307Tube or pipe fittings of stainless steelTurning, drilling, reaming, threading, deburring and sandblasting of forged blanks, provided that the total value of the forged blanks used does not exceed 35 % of the ex-works price of the product7308Structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steelManufacture from materials of any heading, except that of the product. However, welded angles, shapes and sections of heading 7301 may not be usedex7315Skid chainManufacture in which the value of all the materials of heading 7315 used does not exceed 50 % of the ex-works price of the productex Chapter 74Copper and articles thereof; except for:Manufacture from materials of any heading, except that of the product7403Refined copper and copper alloys, unwroughtManufacture from materials of any headingChapter 75Nickel and articles thereofManufacture from materials of any heading, except that of the productex Chapter 76Aluminium and articles thereof; except for:Manufacture from materials of any heading, except that of the product7601Unwrought aluminiumManufacture from materials of any heading7607Aluminium foil (whether or not printed or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0,2 mmManufacture from materials of any heading, except that of the product and heading 7606

Chapter 77Reserved for possible future use in the Harmonized Systemex Chapter 78Lead and articles thereof, except for:Manufacture from materials of any heading, except that of the product7801Unwrought lead:

Refined lead

Manufacture from materials of any heading

Other

Manufacture from materials of any heading, except that of the product. However, waste and scrap of heading 7802 may not be usedChapter 79Zinc and articles thereof:Manufacture from materials of any heading, except that of the productChapter 80Tin and articles thereofManufacture from materials of any heading, except that of the productChapter 81Other base metals; cermets; articles thereofManufacture from materials of any headingex Chapter 82Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

8206Tools of two or more of the headings 8202 to 8205, put up in sets for retail saleManufacture from materials of any heading, except those of headings 8202 to 8205. However, tools of headings 8202 to 8205 may be incorporated into the set, provided that their total value does not exceed 15 % of the ex-works price of the set8211Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades thereforManufacture from materials of any heading, except that of the product. However, knife blades and handles of base metal may be used8214Other articles of cutlery (for example; hair clippers, butchers’ or kitchen cleavers, choppers and mincing knives, paper knives); manicure or pedicure sets and instruments (including nail files)Manufacture from materials of any heading, except that of the product. However, handles of base metal may be used8215Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tablewareManufacture from materials of any heading, except that of the product. However, handles of base metal may be used

ex Chapter 83Miscellaneous articles of base metal; except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex8302Other mountings, fittings and similar articles suitable for buildings, and automatic door closersManufacture from materials of any heading, except that of the product. However, other materials of heading 8302 may be used, provided that their total value does not exceed 20 % of the ex-works price of the productex8306Statuettes and other ornaments, of base metalManufacture from materials of any heading, except that of the product. However, other materials of heading 8306 may be used, provided that their total value does not exceed 30 % of the ex-works price of the productex Chapter 84Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

8401Nuclear reactors; fuel elements (cartridges), non-irradiated, for nuclear reactors; machinery and apparatus for isotopic separationManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product8407Spark-ignition reciprocating or rotary internal combustion piston enginesManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product8408Compression-ignition internal combustion piston engines (diesel or semi-diesel enginesManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product8427Fork-lift trucks; other works trucks fitted with lifting or handling equipmentManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product8482Ball or roller bearingsManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex Chapter 85Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles; except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

8501, 8502Electric motors and generators; Electric generating sets and rotary converters

Manufacture from materials of any heading, except that of the product and of heading 8503

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

8513Portable electric lamps designed to function by their own source of energy (for example, dry batteries, accumulators, magnetos), other than lighting equipment of heading 8512

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

8519Sound recording and sound reproducing apparatus

Manufacture from materials of any heading, except that of the product and of heading 8522

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

8521Video recording or reproducing apparatus, whether or not incorporating a video tuner

Manufacture from materials of any heading, except that of the product and of heading 8522

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

8523Prepared unrecorded media for sound recording or similar recording of other phenomena, other than products of Chapter 37Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

8525Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and other video camera recorders

Manufacture from materials of any heading, except that of the product and of heading 8529

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

8526Radar apparatus, radio navigational aid apparatus and radio remote control apparatus

Manufacture from materials of any heading, except that of the product and of heading 8529

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

8527Reception apparatus for radio-broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock

Manufacture from materials of any heading, except that of the product and of heading 8529

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

8528Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus

Manufacture from materials of any heading, except that of the product and of heading 8529

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

8535 to 8537Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits; connectors for optical fibres, optical fibre bundles or cables; boards, panels, consoles, desks, cabinets and other bases, for electric control or the distribution of electricity

Manufacture from materials of any heading, except that of the product and of heading 8538

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

854011 and 854012Cathode ray television picture tubes, including video monitor cathode ray tubesManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product854231 to 854233 and 854239Monolithic integrated circuits

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

The operation of diffusion, in which integrated circuits are formed on a semi-conductor substrate by the selective introduction of an appropriate dopant, whether or not assembled and/or tested in a non-party

8544Insulated (including enamelled or anodised) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectorsManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product8545Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposesManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product8546Electrical insulators of any materialManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product8547Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating materials apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly, other than insulators of heading 8546; electrical conduit tubing and joints therefore, of base metal lined with insulating materialManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product8548Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this ChapterManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

Chapter 86Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds:Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the productex Chapter 87Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof; except for:Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product8711Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product

ex Chapter 88Aircraft, spacecraft, and parts thereof, except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex8804Rotochutes

Manufacture from materials of any heading, including other materials of heading 8804

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

Chapter 89Ships, boats and floating structures

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex Chapter 90Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof, except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

9002Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically workedManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product9033Parts and accessories (not specified or included elsewhere in this Chapter) for machines, appliances, instruments or apparatus of Chapter 90Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the productChapter 91Clocks and watches and parts thereofManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the productChapter 92Musical instruments; parts and accessories of such articlesManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the productChapter 93Arms and ammunition; parts and accessories thereofManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the productChapter 94Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex Chapter 95Toys, games and sports requisites; parts and accessories thereof, except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

ex9506Golf clubs and parts thereofManufacture from materials of any heading, except that of the product. However, roughly-shaped blocks for making golf-club heads may be usedex Chapter 96Miscellaneous manufactured articles, except for:

Manufacture from materials of any heading, except that of the product

Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

9601 and 9602

Worked ivory, bone, tortoiseshell, horn, antlers, coral, mother-of-pearl and other animal carving material, and articles of these materials (including articles obtained by moulding.

Worked vegetable or mineral carving material and articles of these materials; moulded or carved articles of wax, of stearin, of natural gums or natural resins or of modelling pastes, and other moulded or carved articles, not elsewhere specified or included; worked, unhardened gelatine (except gelatine of heading 3503) and articles of unhardened gelatine

Manufacture from materials of any heading9603Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers, squeegees (other than roller squeegees)Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product9605Travel sets for personal toilet, sewing or shoe or clothes cleaningEach item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex-works price of the set9606Buttons, press-fasteners, snap-fasteners and press-studs, button moulds and other parts of these articles; button blanks

Manufacture:

from materials of any heading, except that of the product, and

in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

9608Ball-point pens; felt-tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils; pen-holders, pencilholders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading 9609Manufacture from materials of any heading, except that of the product. However, nibs or nib-points of the same heading as the product may be used9612Typewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not on spools or in cartridges; ink-pads, whether or not inked, with or without boxes

Manufacture:

from materials of any heading, except that of the product, and

in which the value of all the materials used does not exceed 70 % of the ex-works price of the product

961320Pocket lighters, gas fuelled, refillableManufacture in which the total value of the materials of heading 9613 used does not exceed 30 % of the ex-works price of the product9614Smoking pipes (including pipe bowls) and cigar or cigarette holders, and parts thereofManufacture from materials of any headingChapter 97Works of art, collectors’ pieces and antiquesManufacture from materials of any heading, except that of the product

Annex

Appendix II

Application for a derogation

COMMERCIAL DESCRIPTION OF THE FINISHED PRODUCT

1.1

Customs classification (H.S. code)

COMMERCIAL DESCRIPTION OF NON-ORIGINATING MATERIALS

2.1

Customs classification (H. S. code)

ANTICIPATED ANNUAL QUANTITY OF EXPORTS TO THE UNION (EXPRESSED IN WEIGHT, No OF ARTICLES, METRES OR OTHER UNIT)

VALUE OF FINISHED PRODUCTS

VALUE OF THE NON-ORIGINATING MATERIALS

ORIGIN OF NON-ORIGINATING MATERIALS

REASONS WHY THE RULE OF ORIGIN FOR THE FINISHED PRODUCT CANNOT BE FULFILLED

DURATION REQUESTED FOR DEROGATION

From dd/mm/yyyy to dd/mm/yyyy

POSSIBLE DEVELOPMENTS TO OVERCOME THE NEED FOR A DEROGATION

INFORMATION ABOUT THE COMPANY

Capital structure of the firm concerned / Amount of investments made or foreseen / Staff employed or expected to be employed

Annex

Appendix III

Application to become a registered exporter

for the purpose of registering exporters in the OCTs in the framework of the association of the overseas countries and territories with the European Union

When applications to become a registered exporter or other exchanges of information between registered exporters and competent authorities of the OCTs are made using electronic data-processing techniques, the signature and stamp referred to in boxes 5, 6 and 7 shall be replaced by an electronic authentication.

Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

Exporter’s name, full address and country, contact details, TIN

Additional contact details including telephone and fax number as well as e-mail address where available (optional)

Specify whether your main activity is producing or trading.

Indicative description of goods which qualify for preferential treatment, including indicative list of Harmonized System headings (or chapters where goods traded fall within more than twenty Harmonized System headings).

Undertaking by exporter

The undersigned hereby:

declares that the above details are correct;

certifies that no previous registration has been revoked; conversely, certifies that the situation which led to any such revocation has been remedied;

undertakes to make out statements on origin only for goods which qualify for preferential treatment and comply with the origin rules specified for those goods in this Annex;

undertakes to maintain appropriate commercial accounting records for production/supply of goods qualifying for preferential treatment and to keep them for at least three years from the end of the calendar year in which the statement on origin was made out;

undertakes to immediately notify the competent authority of changes as they arise to his registration data since acquiring the number of registered exporter;

undertakes to cooperate with the competent authority;

undertakes to accept any checks on the accuracy of his statements on origin, including verification of accounting records and visits to his premises by the European Commission or Member States’ authorities;

undertakes to request the revocation of his registration in the system should he no longer meet the conditions for exporting any goods under this Decision;

undertakes to request the revocation of his registration in the system, should he no longer intend to export such goods under this Decision.

Place, date, signature of authorised signatory, name and job title

Prior specific and informed consent of exporter to the publication of his data on the public website

The undersigned is hereby informed that the information supplied in this declaration may be disclosed to the public via the public website. The undersigned accepts the publication of this information via the public website. The undersigned may withdraw his consent to the publication of this information via the public website by sending a request to the competent authorities responsible for the registration.

Place, date, signature of authorised signatory, name and job title

Box for official use by competent authority

The applicant is registered under the following number:

Registration number: ______________________________

Date of registration _______________________________

Date from which the registration is valid _____________________________

Signature and stamp _______________________________

Information notice concerning the protection and processing of personal data incorporated in the system

Where the European Commission processes personal data contained in this application to become a registered exporter, Regulation (EU) 2018/1725 of the European Parliament and of the Council applies. Where the competent authorities of an OCT implement Regulation (EU) 2016/679 of the European Parliament and of the Council, that Regulation shall apply with regard to the processing of personal data and on the free movement of such data process personal data contained in this application to become a registered exporter.

Personal data in respect of the application to become a registered exporter are processed for the purposes of this Decision. The Regulations referred to in point 1 constitute the legal basis for processing personal data in respect of the application to become a registered exporter.

The competent authority of an OCT where the application has been submitted is the controller with respect to processing of the data in the REX system.

The list of competent authorities of the OCTs is published on the website of the Commission.

Access to all data of this application is granted through a user ID/password to users in the Commission, the competent authorities of the OCTs and the customs authorities in the Member States.

The data of a revoked registration shall be kept by the competent authorities of an OCT in the REX system for ten calendar years. This period shall run from the end of the year in which the revocation of a registration has taken place.

The data subject has a right of access to the data relating to him that will be processed through the REX system and, where appropriate, the right to rectify, erase or block data in accordance with Regulations (EU) 2018/1725 or (EU) 2016/679, as applicable. Any requests for right of access, rectification, erasure or blocking shall be submitted to and processed by the competent authorities of the OCT responsible for the registration, as appropriate. Where the registered exporter has submitted a request for the exercise of that right to the Commission, the Commission shall forward such requests to the competent authorities of the OCT concerned. If the registered exporter failed to obtain his rights from the controller of data, the registered exporter shall submit such request to the Commission acting as controller. The Commission shall have the right to rectify, erase or block the data.

Complaints can be addressed to the relevant national data protection authority. Where the complaint concerns processing of data by the Commission, it should be addressed to the European Data Protection Supervisor (EDPS) (http://www.edps.europa.eu/EDPSWEB/).

Annex

Appendix IV

Statement on origin

To be made out on any commercial documents showing the name and full address of the exporter and consignee as well as a description of the goods and the date of issue

French version

L’exportateur (Numéro d’exportateur enregistré – excepté lorsque la valeur des produits originaires contenus dans l’envoi est inférieure à EUR 10000

Where the statement on origin replaces another statement, the subsequent holder of the goods establishing such a statement shall indicate his name and full address followed by the mention acting on the basis of the statement on origin made out by [name and full address of the exporter in the OCT], registered under the following number [Number of Registered Exporter of the exporter in the OCT].

) des produits couverts par le présent document déclare que, sauf indication claire du contraire, ces produits ont l’origine préférentielle …

Country of origin of products to be indicated. When the statement on origin relates, in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 46 of this Annex, the exporter must clearly indicate those products in the document on which the statement is made out by means of the symbol CM.

au sens des règles d’origine de la Décision d’association des pays et territoires d’outre-mer et que le critère d’origine satisfait est … …

Products wholly obtained: enter the letter P; Products sufficiently worked or processed: enter the letter W followed by the Harmonized Commodity Description and Coding System (Harmonized System) heading at the four-digit level of the exported product (example W 9618); where appropriate, the above mention shall be replaced with one of the following indications:

(a) for cumulation under Article 2(2) of this Annex or bilateral cumulation under Article 7 of this Annex: EU cumulation or cumul UE; OCT cumulation or cumul PTOM;

(b) for cumulation with an EPA country under Article 8 of this Annex: cumulation with EPA country [name of the country] or cumul avec le pays APE [nom du pays];

(c) for cumulation with a GSP country under Article 9 of this Annex: cumulation with GSP country [name of the country] or cumul avec le pays SPG [nom du pays];

(d) for cumulation with a country with which the Union has a free-trade agreement under Article 10 of this Annex: extended cumulation with country [name of the country] or cumul étendu avec le pays [nom du pays].

English version

The exporter (number of registered exporter – unless the value of the consigned originating products does not exceed EUR 10000 (1)) of the products covered by this document declares that, except where otherwise clearly indicated, these products are of … preferential origin (2) according to rules of origin of the Decision on the association of the overseas countries and territories and that the origin criterion met is … … (3)

Annex

Appendix V

Supplier’s declaration for products not having preferential original status

I, the undersigned, declare that the goods listed on this invoice…(1)

were produced in…(2)

and incorporate the following components or materials which do not have EPA, OCT or European Union originating status for preferential trade:

… (3) … (4) … (5)

…

…(6)

I undertake to make available to the customs authorities, if required, evidence in support of this declaration.

…(7) …(8)

…(9)

Note

The above mentioned text, suitably completed in conformity with the footnotes below, constitutes a supplier’s declaration. The footnotes do not have to be reproduced.

(1) –

If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows: … listed on this invoice and marked … were produced …

–

If a document other than an invoice or an annex to the invoice is used (see Article 27(1) of this Annex), the name of the document concerned shall be mentioned instead of the word invoice.

(2) The European Union, Member State, EPA country or OCT.

(3) Description is to be given in all cases. The description must be adequate and should be sufficiently detailed to allow the tariff classification of the goods concerned to be determined.

(4) Customs values to be given only if required.

(5) Country of origin to be given only if required. The origin to be given must be a preferential origin, all other origins to be given as third country.

(6) and have undergone the following processing in [the European Union] [Member State] [EPA country] [OCT] …, to be added with a description of the processing carried out if this information is required.

(7) Place and date. For a long-term supplier’s declaration as referred to in Article 27(2) of this Annex, the following sentence shall be added: This declaration is valid for all shipments of these goods dispatched from … to ….

(8) Name and function in company.

(9) Signature.

Annex

Appendix VI

Information certificate

The information certificate set out in this Appendix shall be used and be printed in one or more of the official languages in which this Decision is drawn up and in accordance with domestic law of the exporting country or territory. Information certificates shall be completed in one of those languages; if they are handwritten, they shall be completed in ink in capital letters. They shall bear a serial number, whether or not printed, by which they can be identified.

The information certificate shall measure 210 × 297 mm, a tolerance of up to plus 8 mm or minus 5 mm in the length may be allowed. The paper must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2.

The national administrators may reserve the right to print the forms themselves or may have them printed by printers approved by them. In the latter case, each form must include a reference to such approval. The forms shall bear the name and address of the printer or a mark by which the printer can be identified.

(1)(2)(3)(4)(5)

See footnotes overleaf.

1.Supplier (1)

INFORMATION CERTIFICATE

to be used for preferential trade between the

EUROPEAN UNION

and

the OCTs

2.Consignee (1)3.Processor (1)4. State in which the working or processing has been carried out6.Customs office of importation (1)5. For official use7.Import document (2)Form …No …Series …Date …GOODS8.Marks, numbers, quantity and kind of package

Harmonized Commodity Description and Coding System heading/subheading number (HS code)

Quantity (1)

Value (4)

IMPORTED MATERIALS USED12.Harmonized Commodity Description and Coding System heading/subheading number (HS code)

Country of origin

Quantity (3)

Value (2)(5)

16.Nature of the working or processing carried out17.Remarks18.CUSTOMS ENDORSEMENT

DECLARATION BY THE SUPPLIER

Declaration certified:I, the undersigned, declare that the informationon this information certificate is accurate.Document …Form …No …Customs office …Date …

…

(Place)

…

(Date)

Official stamp

…

(Signature)

…

(Signature)

REQUEST FOR VERIFICATIONRESULT OF VERIFICATIONThe undersigned customs official requests verification of the authenticity and accuracy of this information certificate.Verification carried out shows that this information certificate:

(a) was issued by the customs office indicated and that the information contained therein is accurate ()

(b) does not meet the requirements as to authenticity and accuracy (see notes appended) ()

……(Place and date)(Place and date)Official StampOfficial Stamp……(Official’s signature)(Official’s signature)

()

Delete where not applicable

CROSS REFERENCES

(1) Name of individual or business and full address.

(2) Optional information.

(3) Kg, hl, m3 or other measure.

(4) Packaging shall be considered to form a whole with the goods contained therein. However, this provision shall not apply to packaging which is not of the normal type for the article packed, and which has a lasting utility value of its own, apart from its function as packaging.

(5) The value must be indicated in accordance with the provisions on rules of origin.

Annex

ANNEX III

TEMPORARY WITHDRAWAL OF PREFERENCES

Article 1

Principles concerning the withdrawal of preferences

The preferential arrangements provided for under Article 44 of this Decision may be withdrawn temporarily, in respect of all or of certain products originating in an OCT, in the case of:

(a) fraud;

(b) irregularities or systematic failure to comply with or to ensure compliance with the rules concerning the origin of the products and with the procedures related thereto; or

(c) failure to provide the administrative cooperation referred to in paragraph 2 of this Article and Title V of Annex II as required for the implementation and policing of the arrangements referred to in Articles 44 to 50 of this Decision.

The administrative cooperation referred to in paragraph 1 requires, inter alia, that an OCT:

(a) communicate to the Commission and update the information necessary for the implementation of the rules of origin and the policing thereof;

(b) assist the Union by carrying out, at the request of the customs authorities of the Member States, subsequent verification of the origin of the goods, and communicate its results in time;

(d) assist the Union by allowing the Commission, in coordination and close cooperation with the competent authorities of the Member States, to conduct Union inquiries on its territory, in order to verify the authenticity of documents or the accuracy of information relevant for granting the benefit of the arrangements referred to in Article 44 of this Decision;

(e) comply with or ensure compliance with the rules of origin in respect of cumulation, within the meaning of Articles 7 to 10 of Annex II;

(f) assist the Union in the verification of conduct where there is the presumption of origin-related fraud; the existence of fraud may be presumed where imports of products under the preferential arrangements provided for in this Decision massively exceed the usual levels of the beneficiary OCT exports.

Article 2

Withdrawal of preferential arrangements

The Commission may temporarily withdraw the preferential arrangements provided for in this Decision, in respect of all or of certain products originating in a beneficiary country, where it considers that there is sufficient evidence that a temporary withdrawal would be justified for the reasons referred to in paragraphs 1 and 2 of Article 1 of this Annex, provided that it has first:

(a) consulted the Committee referred to in Article 90 of this Decision in accordance with the procedure referred to in its paragraph 4.

(b) called on the Member States to take such precautionary measures as are necessary, in order to safeguard the Union’s financial interests and/or secure compliance by the beneficiary country with its obligations; and

(c) published a notice in the Official Journal of the European Union stating that there are grounds for reasonable doubt about the application of the preferential arrangements and/or compliance by the beneficiary country with its obligations, which may call into question its right to continue to enjoy the benefits granted by this Decision.

The Commission shall inform the OCT concerned of any decision taken in accordance with this paragraph, before it becomes effective. The Commission shall also notify the Committee referred to in Article 88 of this Decision.

The period of temporary withdrawal shall not exceed six months. On the expiry of that period, the Commission shall decide either to terminate the temporary withdrawal after informing the Committee referred to in Article 88 of this Decision or to extend the period of temporary withdrawal in accordance with the procedure referred to in paragraph 1 of this Article.

Member States shall communicate to the Commission all relevant information that may justify the withdrawal of preferences, its extension or its termination.

Annex

ANNEX IV

SAFEGUARD AND SURVEILLANCE PROCEDURES

Article 1

Definitions relating to surveillance and safeguard measures

For the purpose of the Articles 2 to 10 of this Annex relating to surveillance and safeguard measures:

(a) like product means a product which is identical, namely alike in all respects, to the product under consideration, or, in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration;

(b) interested parties means those parties involved in the production, distribution and/or sale of the imports mentioned in Article 2(1) of this Annex and of like or directly competing products;

(c) serious difficulties shall be deemed to exist where Union producers suffer deterioration in their economic and/or financial situation.

Article 2

Principles of safeguard measures

Where a product originating in an OCT referred to in Article 44 of this Decision is imported in volumes and/or at prices which cause, or threaten to cause, serious difficulties to Union producers of like or directly competing products, the necessary safeguard measures may be taken in accordance with the provisions below.

For the purpose of implementing paragraph 1, priority shall be given to such measures as would least disturb the functioning of the Association. Those measures shall not exceed the limits of what is strictly necessary to remedy the difficulties that have arisen. They shall not exceed the withdrawal of the preferential treatment granted by this Decision.

When safeguard measures are taken or modified, particular attention shall be paid to the interests of the OCT involved.

Article 3

Initiation of proceedings

The Commission shall investigate whether safeguard measures should be taken if there is sufficient prima facie evidence that the conditions of Article 2 of this Annex are met.

An investigation shall be initiated upon request by a Member State, by any legal person or any association not having legal personality, acting on behalf of Union producers, or on the Commission’s own initiative if it is apparent to the Commission that there is sufficient prima facie evidence, as determined on the basis of factors referred to in Article 2 of this Annex, to justify the initiation of an investigation. The request to initiate an investigation shall contain evidence that the conditions for imposing the safeguard measure set out in Article 2 of this Annex are met. The request shall be submitted to the Commission. The Commission shall, as far as possible, examine the accuracy and adequacy of the evidence provided in the request to determine whether there is sufficient prima facie evidence to justify the initiation of an investigation.

Where it is apparent that there is sufficient prima facie evidence to justify the initiation of a proceeding, the Commission shall publish a notice in the Official Journal of the European Union. Initiation of the investigation shall take place within one month of the request received pursuant to paragraph 2. If an investigation is initiated, the notice shall provide all necessary details about the procedure and deadlines, including the possibility of recourse to the Hearing Officer of the Directorate-General for Trade of the Commission.

The rules and procedures concerning the conduct of the investigation are laid down in Article 4 of this Annex.

If the OCT’s authorities so require and without prejudice to the deadlines referred to in this Article, a trilateral consultation referred to in Article 14 of this Decision shall be organised. The outcome of the trilateral consultation shall be transmitted to the OCT committee.

Article 4

Investigations

Following the initiation of the proceeding, the Commission shall commence an investigation. The period as set out in paragraph 3 shall start on the day the decision to initiate the investigation is published in the Official Journal of the European Union.

The Commission may request Member States to supply information and Member States shall take whatever steps are necessary in order to give effect to any such request. If that information is of general interest and is not confidential within the meaning of Article 9 of this Annex, it shall be added to the non-confidential files as provided for in paragraph 6 of this Article.

The investigation shall be concluded within 12 months of its initiation.

The Commission shall seek all information it considers necessary to make a determination with regard to the conditions set out in Article 2 of this Annex, and, where it considers it appropriate, shall endeavour to verify that information.

In the investigation the Commission shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the Union industry, in particular, the market share, changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. This list is not exhaustive and other relevant factors may also be taken into consideration by the Commission.

Interested parties who have come forward within the period laid down in the notice published in the Official Journal of the European Union and representatives of the OCT concerned may, upon written request, inspect all information made available to the Commission in connection with the investigation other than internal documents prepared by the Union authorities or those of the Member States, provided that that information is relevant to the presentation of their case and not confidential within the meaning of Article 9 of this Annex and that it is used by the Commission in the investigation. Interested parties who have come forward may communicate their views on the information to the Commission. Those views shall be taken into consideration where they are backed by sufficient prima facie evidence.

The Commission shall ensure that all data and statistics which are used for the investigation are available, comprehensible, transparent and verifiable.

The Commission shall hear the interested parties, in particular where they have made a written application within the period laid down in the notice published in the Official Journal of the European Union, showing that they are actually likely to be affected by the outcome of the investigation and that there are special reasons for them to be heard orally. The Commission shall hear such parties on further occasions if there are special reasons for them to be heard again.

If information is not supplied within the time limits set by the Commission, or the investigation is significantly impeded, findings may be made on the basis of the facts available. Where the Commission finds that any interested party or third party has supplied it with false or misleading information, it shall disregard that information and may make use of the facts available.

The Commission shall notify the OCT concerned in writing of the initiation of an investigation.

Article 5

Prior surveillance measures

The products originating in the OCT referred to in Article 44 of this Decision may be subject to special surveillance.

Prior surveillance measures shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 90(4) of this Decision.

Prior surveillance measures shall have a limited period of validity. Unless otherwise provided, they shall cease to be valid at the end of the second six-month period following the first six months after the measures were introduced.

The Commission and the competent OCT’s authorities shall ensure the effectiveness of the surveillance measures by introducing the methods of administrative cooperation set out in Annexes II and III.

Article 6

Imposition of provisional safeguard measures

On duly justified grounds of urgency relating to deterioration of the economic and/or financial situation of Union producers which would be difficult to remedy, provisional measures may be imposed. Provisional measures shall not apply for more than 200 days. Provisional measures shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 90(4) of this Decision. In cases of imperative grounds of urgency, the Commission shall adopt immediately applicable provisional safeguard measures in accordance with the procedure referred to in Article 90(6) of this Decision.

Should the provisional safeguard measures be repealed because the investigation shows that the conditions set out in Article 2 of this Annex are not met, any customs duty collected as a result of those provisional measures shall be refunded automatically.

Article 7

Imposition of definitive measures

Where the facts as finally established show that the conditions set out in Article 2 are not met, the Commission shall adopt a decision terminating the investigation and proceeding in accordance with the examination procedure referred to in Article 4. The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9, a report setting forth its findings and reasoned conclusions reached on all pertinent issues of fact and law.

Where the facts as finally established show that the conditions set out in Article 2 of this Annex are met, the Commission shall adopt a decision imposing definitive safeguard measures in accordance with the examination procedure referred to in Article 4 of this Annex. The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9 of this Annex, a report containing a summary of the material facts and considerations relevant to the determination. The Commission shall immediately notify the OCT’s authorities of the decision to take the necessary safeguard measures.

Article 8

Duration and review of safeguard measures

A safeguard measure shall remain in force only for such period of time as may be necessary to prevent or remedy the serious injury and to facilitate adjustment. That period shall not exceed three years, unless it is extended under paragraph 2.

The initial period of duration of a safeguard measure may exceptionally be extended by up to two years provided it is determined that the safeguard measure continues to be necessary to prevent or remedy serious difficulties.

Any extension pursuant to paragraph 2 shall be preceded by an investigation upon a request by a Member State, by any legal person or any association not having legal personality, acting on behalf of the Union industry, or on the Commission’s own initiative if there is sufficient prima facie evidence that the safeguard measure continues to be necessary.

The initiation of an investigation shall be published in accordance with Article 4 and the safeguard measure shall remain in force pending the outcome of the investigation. The investigation and any decision regarding an extension pursuant to paragraph 2 of this Article shall be done in accordance with Articles 6 and 7.

Article 9

Confidentiality

Information received pursuant to this Decision shall be used only for the purpose for which it was requested. Neither information of a confidential nature nor any information provided on a confidential basis received pursuant to this Decision shall be disclosed without specific permission from the supplier of such information.

Each request for confidentiality shall state the reasons why the information is confidential. However, if the supplier of the information wishes neither to make it public nor to authorise its disclosure in general terms or in the form of a summary, and if it appears that the request for confidentiality is unjustified, the information concerned may be disregarded.

Information shall, in any case, be considered to be confidential if its disclosure is likely to have a significantly adverse effect upon the supplier or the source of such information.

Paragraphs 1 to 4 shall not preclude reference by the Union authorities to general information and in particular to reasons on which decisions taken pursuant to this Decision are based. Those authorities shall, however, take into account the legitimate interest of natural and legal persons concerned that their business secrets should not be divulged.

Metadata

Type: Afgørelse
År: 2021
Ikrafttrædelsesdato: 1. januar 1970