South Pacific Regional Trade and Economic Co-operation Agreement (SPARTECA)

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The South Pacific Regional Trade and Economic Co-operation Agreement (SPARTECA) is a nonreciprocal trade agreement in which Australia and New Zealand offer duty-free and unrestricted access for specified products originating from the developing island member countries of the Pacific Islands Forum. Signed in 1980 in Tarawa and subject to Rules of Origin regulations, the agreement was designed to address the unequal trade relationships between the two groups.[1] The textiles, clothing and footwear (TCF) industry has been a major beneficiary of SPARTECA through the preferential access to Australian and New Zealand markets. The agreement entered into force on 1 January 1981.
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  SPARTECA  JOINT AUSTRALIA NEW ZEALAND AND FORUM SECRETARIAT BOOKLET RULES OF ORIGIN REQUIREMENTS OF THE SOUTH PACIFIC TRADE AND ECONOMICCO-OPERATION AGREEMENT 1 SPARTECA  SOUTH PACIFIC REGIONAL TRADEAND ECONOMIC CO-OPERATIONAGREEMENT A Reference Handbook for Forum Island Country Exporters FORUM SECRETARIATPRIVATE MAIL BAGSuva, FIJI  Telex:2229FJFax: 679-312226Tel: 679- 312600 Year of Publication:1st edition 1981,2nd edition 19893rd edition 1992,4th edition 1996  SPARTECA  JOINT AUSTRALIA NEW ZEALAND AND FORUM SECRETARIAT BOOKLET RULES OF ORIGIN REQUIREMENTS OF THE SOUTH PACIFIC TRADE AND ECONOMICCO-OPERATION AGREEMENT 2 Foreword It is my great pleasure to introduce the 1996 edition of A Reference Handbook for Forum IslandCountry Exporters . This booklet provides explanatory notes pertinent to the conduct of trade under the South Pacific Regional Trade and Economic Cooperation Agreement (SPARTECA).For the traders who have extensively utilised the earlier versions of the Handbook, you will note thatthis edition contains a lot more detail and also provides useful examples to assist in theunderstanding of the rules governing trade with Australia and New Zealand under SPARTECA. Keyelements outlined in the Handbook cover the issues of the rules of srcin, the definitions and formulafor determining preference eligibility, derogation, the types of document required for facilitatingtransactions at the border, and other administrative information.I would also like to take this opportunity to register my sincere gratitude to the Governments of Australia and New Zealand for their generous assistance in making this publication possible. It hasalways been my earnest belief that transparency in documents such as this is one of the cornerstonesto promoting or realising greater participation in trade and its associated activities. I see the 1996version as trying to achieve this very objective and hence should be commended.Ieremia T Tabai GCMG Secretary General Forum Secretariat  SPARTECA  JOINT AUSTRALIA NEW ZEALAND AND FORUM SECRETARIAT BOOKLET RULES OF ORIGIN REQUIREMENTS OF THE SOUTH PACIFIC TRADE AND ECONOMICCO-OPERATION AGREEMENT 3 Important Note The Rules of Origin information contained in this booklet has been produced jointly by Australianand New Zealand Customs and the Forum Secretariat. It is designed to inform exporters involved intrade with Australia and New Zealand of the impact of current statutory provisions governingentitlement to preferential rates of duty. These are based on, and give effect to, the Rules of Originrequirements of SPARTECA.Every attempt has been made to provide readers with topical and accurate information. However,this information is not designed to serve as a substitute for the relevant statutory provisions. Readersshould therefore also refer to the following statutory provisions:-Australia:Division 1A of Part VIII of the Customs Act 1901Section 4 of the Customs Act 1901 (definition of unmanufactured raw  products)Customs Regulations 107A and 107B New Zealand:Customs Act 1966: Sections 148 to 151JCustoms Regulations 1968: Regulations 72C to 72CG  SPARTECA  JOINT AUSTRALIA NEW ZEALAND AND FORUM SECRETARIAT BOOKLET RULES OF ORIGIN REQUIREMENTS OF THE SOUTH PACIFIC TRADE AND ECONOMICCO-OPERATION AGREEMENT 4 CONTENTS  Page1. WHAT IS SPARTECA 52. BACKGROUND TO PREFERENCE 63. OUTLINE OF LEGISLATION 64. SELF ASSESSMENT 75. CRITERIA FOR PREFERENCE ENTITLEMENT 86. LAST PROCESS OF MANUFACTURE 97. THE 50% RULE - CRITERIA 10What is the setting for the 50% and who must incur it? 10How is the 50% calculated? 10Special Provisions 11Elements of the 50% 11Materials 11Total expenditure on material 11Qualifying expenditure on materials 12Inner containers 18Materials recovered from waste and scrap 18Labour 18Overheads 19The 50% Rule: Practical example 22The 50% Rule : 2% Tolerance 228. PREFERENCE INQUIRY PROCEDURES 239. REVIEW PROCEDURES 2310. DEROGATION - SPECIAL CIRCUMSTANCE PROVISIONS 2511. JOINT RULINGS AND INTERPRETATIONS 2612. FURTHER INFORMATION 27
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