Originating goods

The following goods shall be considered as originating in a Party:

1. Goods wholly obtained in a Party within the meaning of Article 6 hereof.

2. Goods obtained in a Party incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Party concerned within the meaning of Article 7 hereof.

Article 6. Wholly obtained goods

1. For the purposes of paragraph 1 Article 5, the following shall be considered as wholly obtained in a Party:

a) mineral products extracted from their soil or from their seabed.

b) plants and vegetable products grown and harvested or gathered there.

c) live animals born and raised there.

d) products from live animals raised there.

dd) products from slaughtered animals born and raised there.

e) products obtained by hunting or fishing conducted there.

g) products of aquaculture, where the fish, crustaceans and molluscs are born or raised there from eggs, fry, fingerlings and larvae.

h) products of sea fishing and other products taken from outside any territorial sea by its vessels.

i) products made aboard its factory ships exclusively from products referred to in point h hereof.

k) used articles collected there which are only fit for the recovery of raw materials.

l) waste and scrap resulting from manufacturing operations conducted there.

m) products extracted from the seabed or below the seabed which is situated outside any territorial sea but where it has exclusive exploitation rights.

n) goods produced there exclusively from the products specified in points a to m hereof.

2. For the purposes of subparagraph 1(b), “plants and vegetable products” includes live trees, flowers, fruits, vegetables, seaweeds and fungi.

3. The terms “its vessels” and “its factory ships” in points h and I paragraph 1 apply only to vessels and factory ships which:

a) are registered in, fly the flag of Viet Nam or a Member State of the Union and they are at least 50 percent owned by natural persons of a Party.

b) are registered in, fly the flag of Viet Nam or a Member State of the Union and they are owned by legal persons which have their head office and main place of business in the Party. The legal persons are at least 50 percent owned by a Member State of the Union or by Viet Nam or by public entities or nationals of a Party.

Article 7. Not wholly obtained goods

1. For the purposes of paragraph 2 Article 5, not wholly obtained goods are considered to be sufficiently worked or processed when the applicable product-specific rules of origin in Annex II hereto appended are fulfilled.

2. Regarding materials used in the manufacture of products, goods:

a) The applicable product-specific rules of origin in paragraph 1 applies solely to non-originating materials.

b) If a product which has acquired originating status by fulfilling the conditions set out in the Annex II is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.