Rules of Origin  
     
 

A good is considered as originating if one of the following conditions is fulfilled: 

(a) it is wholly obtained or produced entirely in the territory of one Party as defined in Article 4.1;
(b) the good is produced entirely in the territory of one or more Parties, exclusively from materials whose origin conforms to the provisions of the chapter on ROO; or
(c) the good is produced in the territory of one or more Parties, using non-originating materials that conform to the following:
 
(i) change in tariff classification,
(ii)  regional value content, or other product specific requirements outlined in Annex II, and
(iii)  the good meets the other applicable provisions outlined in the agreement.

A product will qualify for preferential treatment if it meets the specific rule of origin applicable to it. In many cases, this is a liberal Change of Tariff Sub-Heading rule or where so stipulated, if at least 45% of the cost originates from the Party. Manufacturers that source inputs from Trans-Pacific SEP parties can include the cost of these inputs towards the 45%, but the total value of non-originating materials must not exceed 55% of the value of the good.

The Parties recognise certain industrial goods produced from recovered goods in the territory of a Party as originating. These goods must have the same life expectancy and meet the same performance standards as new goods.

Each Party shall provide that the regional value content of a good shall be calculated on the basis of the following method:

RVC = TV - VNM
-------------
TV
 x 100

where:
RVC is the regional value content expressed as a percentage;

TV is the transaction value of the good, adjusted on an FOB basis, except as provided in Paragraph 3. If no such value exists or cannot be determined, pursuant to the principles of Article 1 of the Customs Valuation Agreement, it shall be calculated pursuant to the principles of Articles 2 to 7 of that Agreement; and

VNM is the transaction value of the non-originating materials, when they were first acquired or supplied to the producer of the goods, adjusted on a CIF basis, except as provided in Paragraph 4. If such value does not exist or cannot be determined, pursuant to the principles of Article 1 of the Customs Valuation Agreement, it shall be calculated pursuant to that Agreement.
Key sectors that will benefit from the various liberal process rules in the Rules of Origin (ROO) chapter include the oil, chemicals, plastics, horticultural and  pharmaceuticals industries.

Outward Processing    
     
A good listed in Annex 4.B shall be considered as originating even if it has undergone processes of production or operation outside the territory of a Party on a material exported from the Party and subsequently re-imported to the Party, provided that:

(a) the total value of non-originating materials does not exceed 55% of the customs value of the final good for which originating status is claimed; 
(b)  the materials exported from a Party shall have been wholly obtained or produced in the Party or have undergone therein, processes of production or operation going beyond the minimal processes, prior to being exported outside the territory of the Party; 
(c)  the producer of the exported material is the same producer of the final good for which originating status is claimed;  
(d)  the re-imported good has been obtained through processes of production or operation of the exported material; and 
(e)  the last process of manufacture of the good was performed in the territory of the Party, and this process is the last activity undertaken in respect to a good that finally transforms it into a good different from its component parts or materials and a new good is therefore manufactured.