Tariff (Incorporation by Reference) Notice 2015
This notice is issued pursuant to section 7F(1)(d) of the Tariff Act 1988 and provides for notification of certain Orders in Council made under the Tariff Act 1988 that incorporate by reference preferential rates of duty.
Dated at Wellington this 21st day of July 2015.
CARMEN MAK, Acting Manager, Trade and Regulatory Cooperation, Ministry of Business, Innovation and Employment.
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1. Title—This notice is the Tariff (Incorporation by Reference) Notice 2015.
2. Interpretation—In this notice, unless the context requires otherwise:
Malaysia Free Trade Agreement Order means the Tariff (Malaysia Free Trade Agreement) Amendment Order 2010 made on 5 July 2010 and commenced on 1 August 2010.
Hong Kong, China Closer Economic Partnership Agreement Order means the Tariff (New Zealand–Hong Kong, China Closer Economic Partnership Agreement) Amendment Order 2010 made on 22 November 2010 and commenced on 1 January 2011.
ANZTEC Amendment Order means the Tariff (ANZTEC) Amendment Order 2013 made on 11 November 2013 and commenced on 1 December 2013.
3. Provisions Incorporated in Malaysia Free Trade Agreement Order—The Malaysia Free Trade Agreement Order incorporated by reference the rates of duty specified on pages 135–422 in Annex 1 of the Malaysia–New Zealand Free Trade Agreement done at Kuala Lumpur on 26 October 2009.
4. Provisions Incorporated in Hong Kong, China Closer Economic Partnership Agreement Order—The Hong Kong, China Closer Economic Partnership Agreement Order incorporated by reference the rates of duty specified on pages 572–859 in Annex 3 of the New Zealand–Hong Kong, China Closer Economic Partnership Agreement done at Hong Kong on 29 March 2010.
5. Provisions Incorporated in ANZTEC Amendment Order—The ANZTEC Amendment Order incorporated by reference the rates of duty specified on pages 4–264 in Part A of Annex 1 of the Agreement between New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu on Economic Cooperation done at New Zealand on 10 July 2013.
6. Availability of Provisions Incorporated—(1) Copies of the provisions that are incorporated in the Orders described in clauses 3–5 of this notice are available for inspection at the following Customhouses located at:
(a) 50 Anzac Avenue, Auckland Central, Auckland; and
(b) 6 Orchard Road, Christchurch Airport; and
(c) 32 Portsmouth Drive, Dunedin; and
(d) 1 Hinemoa Street, Wellington.
(2) Copies of the provisions that are incorporated in the Orders described in clauses 3–5 of this notice are available on the following internet sites:
(a) www.med.govt.nz/business/trade-tariffs/tariffs-in-new-zealand/new-zealand-tariffs
(b) www.customs.govt.nz/news/resources/legal/Pages/default.aspx
(3) Copies of the provisions that are incorporated in the Orders described in clauses 3–5 of this notice can be purchased from the New Zealand Customs Service, PO Box 2218, Wellington 6140 (Attention: Corporate Services).
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Explanatory Note
This note is for explanatory purposes only.
This notice provides for the notification of three Orders in Council that contain provisions that incorporate by reference preferential rates of duty made under the Tariff Act 1988.
Section 7C of the Tariff Act 1988 allows an Order in Council made under sections 9 or 10 to incorporate by reference any provisions set out in an international agreement to which New Zealand is a party (for example a free trade agreement) or another document made to give effect to such an agreement. The incorporated provisions form part of the Order in Council for all purposes and have legal effect accordingly.