Glossary

Article 3.2 of the EU- Japan Economic Partnership Agreement

Products that have been produced exclusively from originating materials (i.e. materials that have already obtained their originating status because they are wholly obtained or fulfilled product specific rules or through cumulation) will always be considered as originating products.

The system of certification of origin of goods that applies for the Generalised System of Preference (GSP) of the European Union since 1 January 2017. It is based on a principle of self-declaration of conformity by economic operators, who complete themselves so-called statements on origin.To be entitled to make out a statement on origin, economic operators will have to be registered in a database by the competent authorities of the country where they are operating their business. The economic operator will become a "registered exporter".

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A product complies with the rule when the value of all or specific non-originating materials does not exceed a given percentage of the ex-works price of the final product.

The formula to calculate the value of non-originating materials is the following :

Regional value content of a product in FOB (%) = ((FOB - Value of non-originating materials) / FOB) x 100

where

“Value of non-originating materials” = the customs value at the time of importation of all non-originating materials used in the production of your product, or, if this not known and cannot be ascertained, the first ascertainable price paid for the non-originating materials in the EU or preferential partner country.

“customs value” = the value as determined in accordance with the 1994 Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (WTO Agreement on customs valuation).

“Ex-works price” = the ex-works price of the product paid or payable to the manufacturer in whose undertaking the last working or processing is carried out, provided that the price includes the value of all the materials used and all other costs incurred in the production of a product minus any internal taxes which are, or may be, repaid when the product obtained is exported.

The rule is satisfied if this value of the non-originating materials in percentage does not exceed the percentage stated in the product specific rule.

Further information on the calculation method in the EU-Japan agreement can be found in Note 4 – Calculation of a maximum value of non-originating materials in the Chapter on rules of origin of the EU-Japan Economic Partnership Agreement.

Example 1: Plastic jugs (HS heading 39.24)

In some EU trade arrangements the rule for plastic jugs (HS heading 39.24) requires:

"Manufacture [production] in which the value of all the [non-originating] materials used does not exceed 50% of the ex-works price of the product (MaxNOM 50 % (EXW))”

The manufacturer of plastic jugs uses the following non-originating materials imported from outside the EU and the partner country:

- Plastic granules (HS heading 39.03) (value 2 €)

- Lid (HS heading 39.24) (value 0.50 €).

A plastic jug (ex-works price 6 €) complies with the rule of origin because the value of non-originating materials used is less than 50% of the ex-works price.

Example 2: Skid chains (HS heading 73.15)

In some EU preferential trade arrangements the rule for skid chains (HS heading 73.15) requires:

"Manufacture [Production] in which the value of all the non-originating materials of heading 73.15 used does not exceed 50% of the ex-works price of the product (MaxNOM 50 % (EXW)”)

The manufacturer of skid chains uses the following non-originating materials imported from outside the EU and the partner country

- chain (HS heading 73.15) (value 150 €)

- wire of stainless steel (HS heading 72.23) (value 60 €)

A skid chain (ex-works price 350 €) complies with the rule of origin because the value of non-originating materials of HS heading 73.15 is less than 50% of the ex-works price of the skid chain even though the total value of all non-originating materials exceeds 50% of the ex-works price of the product.