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Art. 9 Swiss origin
A product shall be considered to be of Swiss origin if it either has been wholly obtained or produced or has been sufficiently worked or processed within the territory.
Art. 10 Wholly obtained or produced
The following shall be considered to be wholly obtained or produced within the territory: a. mineral products extracted from its soil; b. vegetable products harvested or obtained from vegetable cell cultures there; c. live animals born or hatched and raised there; d. products derived from live animals raised or from animal cell cultures there; e. products of hunting or fishing conducted there; f. products of sea-fishing and other products taken from the sea and caught by Swiss vessels; g. goods produced on board Swiss factory ships solely from the products referred to in subparagraph (f); h. used articles collected there for the purpose of recovering raw materials; i. waste and scrap resulting from manufacturing operations conducted there; j. produced exclusively from the products specified products produced there exclusively from products referred to in subparagraphs (a) to (i).
Art. 11 Sufficiently worked or processed
1 A product shall be considered to be sufficiently worked or processed if: a. the value of all materials of foreign origin used in its production does not exceed 50 % of its ex-works price; b. on account of working or processing, it has to be classified under a heading in the Harmonised System different from the one applicable to the products of foreign origin used in its production; or c. possible specific origin-conferring processing or working has been undertaken in accordance with paragraph 2. 2 The EAER may define specific origin-conferring working or processing for particular products. It may exclude the applicability of paragraph 1 letters a and b for certain of these products. 3 Tolerance rules may be specified for products falling under paragraphs 1 letter b and 2.
Art. 12 Materials originating within the territory
1 A product that has been sufficiently worked or processed within the territory and which is used in the production of another product shall be considered to be a material of Swiss origin. It is irrelevant whether the material was produced in the same or in another business. 2 Materials of foreign origin that have been used in the production of a domestic material under paragraph 1 are not to be taken into account when determining the origin of the other product.
Art. 13 Insufficient working or processing
The following are considered insufficient for conferring originating status: a. treatments intended to keep the products in the same state during transportation or storage (ventilation, dispersion, drying, cooling, freezing, immersion in brine or water containing sulphur or other added substances, removal of spoiled parts and similar treatments); b. simple dust removal, sieving, segregation, classification, sorting (including the making of assortments), washing, painting, cutting up; c. simple packing work, specifically: 1. the replacement of packaging binders, the division or assembly of packing units, 2. simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on boards and , vacuum-packing and enclosure in a controlled atmosphere; d. applying brand names, labels or other similar distinguishing marks to the products themselves or to their packaging; e. simple mixing of products, including different types of products, if one or more elements of the mixture do not meet the c
Art. 14 Unit of qualification for determining origin
1 A product made up of parts is regarded as a unit if it is classified under a single heading in the Harmonised System. 2 Each group or assembly of different products classified under a single heading in the Harmonised System represents, when taken as a whole, the unit of qualification. 3 If a consignment is made up of identical products that are classified under the same heading in the Harmonised System, each product must be considered on its own merits when determining origin.
Art. 15 Neutral elements
The following products used in production may not be taken into account when determining origin: a. power and fuels; b. plant and equipment; c. machinery and tools; d. products that are not included or are not to be included in the product’s final composition.
Art. 16 Outward processing
A domestic product that is temporarily exported for working, processing or repair shall retain its Swiss origin if the value added abroad does not exceed 50 % of the ex-works price of the product for which originating status is claimed.
Art. 17 Foreign origin
1 In order to certify the foreign origin of goods, the certification office must be presented with a certification of origin (basic or replacement certificate) that has been issued by a competent authority of the country of origin or transit. 2 Proof of the foreign origin of goods shall be established within the territory: a. by means of the basic or replacement certificate made out to the domestic supplier; or b. by means of an internal certificate.