HS HEADING No.

DESCRIPTION OF PRODUCTS

COMMENTS

PROPOSED RULES

BY MEMBER STATES

AGREED RULES

(1)

(2)

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(3)

Chapter 02

Meat and edible meat offal

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-

Manufacture in which all the materials of Chapters 1 and 2 used must be wholly produced

Chapter 03

Fish and crustaceans, molluscs and other aquatic invertebrates

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-

Manufacture in which all the materials of Chapter 3 used must be wholly produced

Chapter 04

Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included;

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-

Manufacture in which all the materials of Chapter 4 used must be wholly produced

Chapter 05

Products of animal origin, not elsewhere specified or included.

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-

Manufacture in which all the materials of Chapter 5 used must be wholly produced

Chapter 06

Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage

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-

Manufacture in which

all the materials of Chapter 6 used must be wholly produced

Chapter 07

Edible vegetables and certain roots and tubers

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-

Manufacture in which all the materials of Chapter 7 used must be wholly produced

Chapter 08

Edible fruit and nuts; peel of citrus fruits or melons

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-

Manufacture in which all the materials of Chapter 8 used must be wholly produced

Chapter 09

Mate and spices;

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-

Manufacture in which the weight of the materials used does not exceed 20 per cent of the product

Ex 0901

Coffee

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Manufacture in which the value of all the materials used does not exceed 65% of the ex-works price of the product.

(Mozambique Proposal)

Manufacture in which the materials classified in this heading must be at least 80% by weight wholly produced

(Zimbabwe Proposal)

Manufacture in which the materials classified in this heading must be at least 70% by weight wholly produced

(Tanzania Proposal: Tanzania lowered the percentage from 80 to 70)

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Ex 0902

Tea, whether or not flavoured

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-

Manufacture in which the materials classified in this heading must be at least 80% by weight wholly produced

Ex 09.10

Mixture of spices

This rule allows the use of non originating spices

(Mauritius requested to reopen discussion on this agreed heading and submitted the proposal below)

Manufacture in which the value of all the materials used does not exceed 65% of the ex-works price of the product.

Manufacture in which the value of the materials classified in the same heading do not exceed 20% of the ex-works price of the product

(previously agreed)

Chapter 10

Cereals

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-

Manufacture in which all the materials of Chapter 10 used must be wholly produced

Chapter 11

Products of the milling industry; malt; starches; inulin; wheat gluten; except for

This Chapter includes products from the milling of the cereals of Chapter 10 and of sweet corn of Chapter 7, like the products from the milling of wheat, rye, barley, oats, maize (corn), (including whole cobs ground with or without their husks), grain, sorghum, rice and buckwheat.

Manufacture in which all the cereals, edible vegetables, roots and tubers of heading Nos 07.08 and 07.14 or fruit used must be wholly produced

Ex Chapter 11

Products of the milling industry; malt; starches; inulin; wheat gluten;

• Containing (by weight more than x % of) durum wheat;

UNCTAD has been requested to provide inputs for setting the percentage

-

Manufacture in which all the materials used are classified within a heading other than that of the product

(SUBJECT TO PERCENTAGE DEFINITION)

Ex Chapter 11

Products of the milling industry; malt; starches; insulin; wheat gluten;

• containing (by weight more than x % of) rice;

UNCTAD has been requested to provide inputs for setting the percentage

-

Manufacture in which all the rice used must be wholly produced

(SUBJECT TO PERCENTAGE DEFINITION)

Ex Chapter 11

Products of the milling industry;

• containing (by weight more than x % of) maize;

UNCTAD has been requested to provide inputs for setting the percentage

-

Manufacture in which all the maize used must be wholly produced

(SUBJECT TO PERCENTAGE DEFINITION)

Ex 11.04

Wheat flour

The request from Mauritius is based on Mauritiuss large investments in the wheat milling, and its inability to source wheat in the rest of SADC, where no capacity for exports of wheat is evident. Mauritius requests that this derogation be applied until the primary wheat producing sector in SADC has developed the capacity to provide sufficient quantities of wheat to satisfy the regional demand

Manufacture in which at least 70% by weight of the material used must be wholly obtained.

(SACU, Tanzania, Zambia and Zimbabwe Proposal)

Manufacture in which the value of all the materials used does not exceed 65% of the ex-works price of the product.

(Malawi Proposal).

INTERIM RULE: Manufacture in which the value of all the materials used does not exceed 65% of the product

TARGET RULE: Manufacture in which all materials are wholly obtained, provided that the exporting Member State maintains an overall trade surplus in wheat that is greater than, or equal to, its net exports to SADC

(Mauritius, Mozambique and Namibia interim and target proposed rules)

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Ex 11.06

Flour, meal and powder of the dried, shelled leguminous vegetables of heading No 0708

Country positions as established at the meeting of the sub-committee on the rules of origin for wheaten flour on 13 June 2000

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Manufacture in which at all the material of heading 07.08 used must be wholly produced

Chapter 12

Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder

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-

Manufacture in which all the materials of Chapter 12 used must be wholly produced

Chapter 13

Lac; Gums; Resins and other vegetables saps and extracts

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-

Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 14

Vegetable planting material; vegetable products not elsewhere specified or included

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-

Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 15

Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animals or vegetable waxes; except for:

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-

Manufacture in which all the materials used are classified within a heading other than that of the product

Ex 15.01

Pig fat (including lard) and poultry fat, other than that of heading No 02.09 or 15.03:

• fat from bone or waste
• other

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-

Manufacture in which all the materials of Chapter 2 used must be wholly produced

Ex 15.02

Fats of bovine animals, sheep or goats, other than those of heading No 15.03:

• Fat from bone or waste

• Other

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-

Manufacture from materials of any heading except those of heading Nos 02.01, 02.02, 02.04, 02.06 or 02.09 or bones of heading No 05.06

Manufacture in which all the materials of Chapter 2 used must be wholly produced

Ex 15.04

Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but chemically modified;

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-

Manufacture in which all the materials of Chapter 2 and 3 used must be wholly produced

Ex 15.06

Other animals fats and oils and their fractions whether or not refined, but chemically modified

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-

Manufacture in which all the materials of Chapter 2 and 3 used must be wholly produced

Ex 15.16

Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified or elaidinizied, whether or not refined, but not further prepared

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Manufacture in which:

• All the materials of Chapter 2 used must be wholly produced; and
• All the vegetable materials used must be wholly produced.

Ex 15.17

Margarine; edible mixtures or preparations of animal or vegetable fats or oils or fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 15.16

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-

Manufacture in which:

• All the materials of Chapter 2 and 4 used must be wholly produced;
• All the vegetable materials used must be wholly produced.

Chapter 16

Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates

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-

Manufacture in which all materials of Chapters 2 and 3 used must be wholly produced

Chapter 17

Sugars and sugar confectionery;

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-

Regulated at heading level

Ex 17.01

Cane or beet sugar and chemically pure sucrose, in solid form, floured or coloured

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-

Manufacture from wholly produced sugar cane stalks and sugar beet.

Ex 17.02

Other sugars; sugar syrups; artificial honey; caramel

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-

Manufacture in which all the materials used are classified within a heading other than that of the product. However all the materials of Chapter 17 used must be already originating

Ex 17.03

Molasses resulting from the extraction or refining of sugar, floured or coloured

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-

Manufacture in which all the materials used must be wholly produced

Ex 17.04

Sugar confectionery (including white chocolate) not containing cocoa

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-

Manufacture in which all the materials used are classified within a heading other than that of the product. However the materials classified in Chapter 17 used must be already originating.

Chapter 18

Cocoa and cocoa preparations

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-

Manufacture in which all the materials used are classified within a heading other than that of the product and all the materials of Chapter 17 used must be already originating

Chapter 19

Preparations of cereals, flour, starch or milk; pastry cooks products

This Chapter is particularly complex as it covers a number of preparations, generally used for food, which are made either directly from the cereals of Chapter 10 or from the products of Chapter 11, or from food flour, meal and powder of vegetables origin of other Chapters(cereal flour and meal, starch, fruit and vegetables flour, meal and powder). The Chapter also covers pastry cooks products and biscuits, even when not containing flour, starch or other cereal products Therefore there is a need to look at each headings for the product specific rule.

(SACU Zambia and Tanzania proposal is reflected at heading level except for rice (see Tanzania Proposal below))

Rice and maize and their derivatives utilised must be wholly produced (Malawi Proposal)

Rice and its derivatives utilised must be wholly produced

(Tanzania Proposal)

(Mauritius, Mozambique, Namibia and Malawi (for Malawi: only for wheat products) propose that double transformation confers origin, i.e. products made from flour manufactured in the region:

Manufacture from materials of Chapter 10)

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Ex 19.01

Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa or containing less than 40% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of heading Nos. 0401 to 0404, not containing cocoa or containing less than 5% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:

• Malt extract
• Other

Food preparations under this chapter may also contain : milk, sugar, eggs, casein, albumin, flavourings, gluten, colouring, vitamins, cocoa powder, sweetening etc.

This rule implies that cereals of Chapter 10 and sugar and sugar products of Chapter 17 must be originating in the SADC Countries.

Manufacture from originating materials classified in headings Nos 10.01, 10.02, 10.03, 10.04, 10.05, 10.07, 10.08, except 10.06 (rice) and 10.0110 (durum wheat); and

The value of sugar and sugar products in Chapter 17 must be already originating

(SACU and Zambia Proposal)

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Ex 19.02

Pasta, whether cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni, cous-cous, whether or not prepared.

• Containing 20% or less by weight of meat, meat offal, fish, crustaceans or molluscs;
• Containing more than 20% by weight of meat, meat offal, fish, crustaceans or molluscs

Food preparations under this heading may also contain : eggs, flavourings, gluten, colouring and vitamins.

These rules may be preferred over the percentage rule if the materials, such as meat and certain cereals, from the region have to be used.

Mauritius objected to the fact that materials of Chapter 10 must be wholly produced since the SADC Region is a net importer of these materials

Manufacture in which all the cereals and derivatives (except durum wheat and its derivatives) used must be already originating

Manufacture in which:

• all the cereals and derivatives (except durum wheat and its derivatives) used must be wholly produced; and
• all the materials of Chapter 2 and 3 used must be wholly produced

(SACU and Zambia Proposal)

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Ex 19.03

Tapioca and substitutes therefor prepared from starch.

This rule implies that all starches of Chapter 11 are already originating otherwise a more liberal rule should be devised. Mauritius objected to the fact that materials of Chapter 10 must be wholly produced since the SADC Region is a net importer of these materials

Manufacture in which the starches of Chapter 11 must be already originating(SACU Proposal)

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Ex 19.04

Prepared foods obtained by the swelling or roasting of cereals or cereal products

This rule implies that all cereals of Chapter 10 are already originating otherwise a more liberal rule should be devised. Mauritius comment (same as above)

Manufacture in which the materials of Chapter 11 must be already originating excluding durum wheat. (SACU and Zambia Proposal)

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Ex 19.05

Bread, pastry, cakes, biscuits and other bakers wares, whether or not containing cocoa, communion and sealing wafers, rice paper and similar products

This rule implies that all cereals of Chapter 10 and 11 are already originating otherwise a more liberal rule should be devised

Mauritius comment (same as above)

Manufacture in which the materials of Chapter 10 and 11 must be already originating excluding durum wheat. (SACU and Zambia Proposal)

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Chapter 20

Preparations of vegetables, fruit, nuts or other parts of plants;

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Manufacture in which all materials of Chapter 7 and 8 used must be wholly produced

Chapter 21

Miscellaneous edible preparations.

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Manufacture in which the value of the materials used does not exceed 60 % of the ex-works price of the product

Chapter 22

Beverages, spirits and vinegar.

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Manufacture in which all the materials used are classified within a heading other than that of the product and all the grapes or any material derived from grapes used must be wholly produced

Chapter 23

Residues and waste from the food industries; prepared animal fodder except for:

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Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 24

Tobacco and manufactured tobacco substitutes

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Manufacture in which at least 70% by weight of the material used must be wholly produced.

Chapter 25

Salt; sulphur; earths and stone; plastering materials, lime and cement.

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-

Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 26

Ores, slag and ash

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Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 27

Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes.

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Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 28

Inorganic chemicals

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Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 29

Organic chemicals

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Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 30

Pharmaceutical products.

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Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 31

Fertilisers

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Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 32

Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks.

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Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 33

Essential oils and resinoids; perfumery, cosmetic or toilet preparations.

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Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 34

Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, "dental waxes" and dental preparations with a basis of plaster.

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Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 35

Albuminoidal substances; modified starches; glues; enzymes;

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Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 36

Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations

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-

Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 37

Photographic or cinematographic goods;

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Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 38

Miscellaneous chemical products;

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-

Manufacture in which all the materials used are classified within a heading other than that of the product

Or

Manufacture in which the value of all the materials used does not exceed 65% of the ex-works price of the product.

Chapter 39

Plastics and articles thereof;

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Regulated at heading level

Ex 3901 to 3914

Plastics in primary forms

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(RSA requested to reopen discussion on this agreed heading and submitted the proposal below)

Manufacture in which all the materials used are classified within a heading other than that of the product and all the materials of heading No 3915 used must be originating.

(RSA new proposal)

Manufacture in which all the materials used are classified within a heading other than that of the product

(Previously agreed)

Ex 3915

Waste, parings and scrap, of plastic

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Manufacture in which all the materials used are wholly obtained.

Ex 3916 to 3926

Semi-manufactures and articles of plastics;

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Manufacture in which all the materials used are classified within a heading other than that of product and the value of all the materials of chapter 39 used does not exceed 50% of the ex-works price of the product. However all the materials of heading No 3915 used must be originating.

(SACU/Zimbabwe/Malawi Proposal)

Manufacture in which all the materials used are classified within a heading other than that of the product and the value of all the materials of chapter 39 used does not exceed 60% of the ex-works price of the product. However all the materials of heading No 3915 used must be originating

(Namibia, Mauritius, Tanzania Proposal)

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Chapter 40

Rubber and articles thereof;

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Manufacture in which all the materials used are classified within a heading other than that of the product

Ex 4012.10

4012.20

Retreated tyres and used pneumatic tyres

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-

Manufacture in which all the materials used are classified within a sub-heading other than that of the product

Chapter 41

Raw hides and skins (other than furskins) and leather; except for:

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-

Manufacture in which all the materials used are classified within a heading other than that of the product

Ex 4102

Raw skins of sheep or lambs, without wool on

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-

Removal of wool from sheep or lamb skins, with wool on

Ex 4104 to 4107

Leather, without hair or wool, other than leather of heading Nos 4108 or 4109

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-

Retanning of pre-tanned leather

Or

Manufacture in which all the materials used are classified within a heading other than that of the product

Ex 4109

Patent leather and patent laminated leather; metallized leather

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-

Manufacture from leather of heading Nos 4104 to 4107

Chapter 42

Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut)

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-

Manufacture in which all the materials used are classified within a heading other than that of the product

Chapter 43

Furskins and artificial fur; manufactures thereof; except for:

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-

Manufacture in which all the materials used are classified within a heading other than that of the product

Ex 4302

Tanned or dressed furskins, assembled:

• Plates, crosses and similar forms

• Other

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-

Bleaching or dyeing, in addition to cutting and assembly of non-assembled tanned or dressed furskins

Manufacture from non-assembled, tanned or dressed furskins

Ex 4303

Articles of apparel, clothing accessories and other articles of furskin

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-

Manufacture from non-assembled tanned or dressed furskins of heading No 4302

Chapter 44

Wood and articles of wood; wood charcoal;

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-

Manufacture in which the value of all the materials used does not exceed 40% of the ex-works price of the product

Ex 44.01

Fuel wood, sawdust, wood waste and scrap

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-

Ex 44.03

Wood in the rough, timber logs, un sawn, uncut wood

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Manufacture in which all the materials