Rule 2 - Definitions - Customs Tariff (Determination of Origin of Goods under the India-Australia Economic Cooperation and Trade Agreement) Rules, 2022

2. Definitions. - (1) In these rules, unless the context otherwise requires, - (a) Agreement means the India-Australia Economic Cooperation and Trade Agreement; (b) aquaculture including mariculture means the farming of aquatic organisms including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants from seed stock, including seed stock imported from non-parties, such as eggs, fry, fingerlings, or larvae, by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding, or protection from predators; (c) CIF value or Cost, Insurance and Freight value means the price actually paid or payable to the exporter for a good when the good is loaded out of the carrier, at the port of importation, including the cost of the good, insurance, and freight necessary to deliver the good to the named port of destination; (d) competent authority means the Department of Commerce, for India; (e) customs administration means,- (i) the Department of Home Affairs and its successors, for Australia; and (ii) the Central Board of Indirect Taxes and Customs (CBIC), for India; (f) Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, set out in Annex 1A to the WTO Agreement; (g) days means calendar days, including weekends and holidays; (h) FOB value or Free-On-Board value means the price actually paid or payable to the exporter for a good when the good is loaded onto the carrier at the named port of exportation, including the cost of the good and all costs necessary to bring the good onto the carrier; (i) fungible goods or materials means goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical; (j) GATT 1994 means the General Agreement on Tariffs and Trade 1994, set out in Annex 1A of the WTO Agreement; (k) Generally Accepted Accounting Principles means those principles recognised by consensus or with substantial authoritative support in the territory of a Party with respect to the recording of revenues, expenses, costs, assets and liabilities; the disclosure of information; and the preparation of financial statements. These principles may encompass broad guidelines for general application, as well as detailed standards, practices and procedures; (l) goods means any merchandise, product, article or material; (m) Harmonized System (HS) means the Harmonized Commodity Description and Coding System defined in the International Convention on the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, and legal notes which includes Section Notes and Chapter Notes, as adopted and implemented by the Parties in their respective laws; (n) i ndirect materials means a material used in the production, testing or inspection of a good but not physically incorporated into the good; or a material used in the maintenance of buildings or the operation of equipment, associated with the production of a good, including,- (i) fuel, energy, catalysts and solvents; (ii) equipment, devices and supplies used to test or inspect the good; (iii) gloves, glasses, footwear, clothing, safety equipment and supplies; (iv) tools, dies and moulds; (v) spare parts and materials used in the maintenance of equipment and buildings; (vi) lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings; and (vii) any other material that is not incorporated into the good but the use of which in the production of the good can reasonably be demonstrated to be a part of that production; (o) issuing body or authority (as appropriate) means the body or authority designated by each Party for issuance of Certificates of Origin, as notified from time to time; (p) material means a good that is consumed in the production, physically incorporated or used in the production of another good; (q) non-originating good or non-originating material means a good or material that does not qualify as originating in accordance with these rules, which includes a good or material of undetermined origin; (r) originating good or originating material means a good or material that qualifies as originating in accordance with these rules; (s) packing materials and containers for transportation and shipment means goods used to protect another good during its transportation, but does not include the packaging materials or containers in which a good is packaged for retail sale; (t) Parties means the Government of the Republic of India ( India ) and the Government of Australia ( Australia ); (u) Party means the Government of the Republic of India ( India ) or the Government of Australia ( Australia ); (v) producer means a person who engages in the production of a good; (w) production means operations including growing, cultivating, raising, mining, harvesting, fishing, trapping, hunting, capturing, collecting, breeding, extracting, aquaculture, gathering, manufacturing, processing or assembling a good; (x) preferential tariff treatment means the customs duty rate applicable to an originating good, pursuant to each Party s Tariff Commitments; (y) qualifying value content (QVC) means the qualifying value content of a good, expressed as a percentage; (z) territory means,- (i) in respect of Australia, the territory of Australia,- (A) excluding all external territories other than the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands, the Territory of Ashmore and Cartier Islands, the Territory of Heard Island and McDonald Islands, and the Coral Sea Islands Territory; and (B) including Australia's territorial sea, contiguous zone, exclusive economic zone and continental shelf over which Australia exercises sovereignty, sovereign rights or jurisdiction in accordance with international law including the United Nations Convention on the Law of the Sea, done at Montego Bay on 10th December, 1982; and (ii) in respect of India, the territory of the Republic of India, in accordance with the Constitution of India, including its land territory, its territorial waters, and the airspace above it and other maritime zones including the Exclusive Economic Zone and continental shelf over which the Republic of India has sovereignty, sovereign rights, and/or exclusive jurisdiction, in accordance with its laws and regulations in force, and international law, including the United Nations Convention on the Law of the Sea, done at Montego Bay, 10 th December, 1982; (za) value of non-originating materials means the value of non-originating materials, including materials of undetermined origin, used in the production of the good; (zb) value of originating materials means the value of originating materials used in the production of the good in the territory of one or both Parties; (zc) WTO means the World Trade Organization; and (zd) WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on the 15th April, 1994. (2) For the purposes of these rules,- (a) the basis for tariff classification is the Harmonized System; and (b) any cost and value referred to in these rules shall be recorded and maintained in accordance with the Generally Accepted Accounting Principles applicable in the territory of the Party in which the good is produced.