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THE DOMINICAN REPUBLIC – CENTRAL AMERICA – UNITED STATES
FREE TRADE AGREEMENT
Chapters 1-5 [
Chapters 6-12 >
13-22 > ]
PREAMBLE
The Government of the Republic of Costa Rica, the Government of the Dominican Republic, the Government of the Republic of El Salvador, the Government of
the Republic of Guatemala, the Government of the Republic of Honduras, the Government of the
Republic of Nicaragua, and the Government of the United States of America, resolved to:
STRENGTHEN
the special bonds of friendship and cooperation among their
nations and promote regional economic integration;
CONTRIBUTE
to the harmonious development and expansion of world trade and provide a catalyst to broader international cooperation;
CREATE an expanded and secure market for the goods and services produced
in their territories while recognizing the differences in their levels of development
and the size of their economies;
AVOID distortions to their reciprocal trade;
ESTABLISH
clear and mutually advantageous rules governing their trade;
ENSURE a predictable commercial framework for business planning and
investment;
BUILD on their respective rights and obligations under the Marrakesh
Agreement Establishing the World Trade Organization and other multilateral and
bilateral instruments of cooperation;
SEEK to facilitate regional trade by promoting efficient and transparent
customs procedures that reduce costs and ensure predictability for their importers
and exporters;
ENHANCE
the competitiveness of their firms in global markets;
FOSTER creativity and innovation, and promote trade in goods and services
that are the subject of intellectual property rights;
PROMOTE
transparency and eliminate bribery and corruption in
international trade and investment;
CREATE new opportunities for economic and social development in the
region;
PROTECT, enhance, and enforce basic workers’ rights and strengthen their
cooperation on labor matters;
CREATE new employment opportunities and improve working conditions and
living standards in their respective territories;
BUILD on their respective international commitments on labor matters;
IMPLEMENT
this Agreement in a manner consistent with environmental
protection and conservation, promote sustainable development, and strengthen their
cooperation on environmental matters;
PROTECT
and preserve the environment and enhance the means for doing so,
including through the conservation of natural resources in their respective
territories;
PRESERVE
their flexibility to safeguard the public welfare;
RECOGNIZE
the interest of the Central American Parties in strengthening
and deepening their regional economic integration; and
CONTRIBUTE
to hemispheric integration and provide an impetus toward
establishing the Free Trade Area of the Americas;
HAVE AGREED
as follows:
Chapter One
Initial Provisions
Article 1.1: Establishment of a Free Trade Area
The Parties to this Agreement, consistent with Article XXIV of the General
Agreement on Tariffs and Trade 1994 and Article V of the General Agreement on
Trade in Services, hereby establish a free trade area.
Article 1.2: Objectives
1. The objectives of this Agreement, as elaborated more specifically through
its principles and rules, including national treatment, most-favored-nation treatment, and
transparency, are to:
(a) encourage expansion and diversification of trade between the Parties;
(b) eliminate barriers to trade in, and facilitate the cross-border movement
of, goods and services between the territories of the Parties;
(c) promote conditions of fair competition in the free trade area;
(d) substantially increase investment opportunities in the territories of the
Parties;
(e) provide adequate and effective protection and enforcement of intellectual
property rights in each Party’s territory;
(f) create effective procedures for the implementation and application of
this Agreement, for its joint administration, and for the resolution of disputes;
and
(g) establish a framework for further bilateral, regional, and multilateral
cooperation to expand and enhance the benefits of this Agreement.
2. The Parties shall interpret and apply the provisions of this Agreement in
the light of its objectives set out in paragraph 1 and in accordance with applicable rules of
international law.
Article 1.3: Relation to Other Agreements
1. The Parties affirm their existing rights and obligations with respect to
each other under the WTO Agreement and other agreements to which such Parties are party.
2. For greater certainty, nothing in this Agreement shall prevent the Central American Parties from maintaining their existing legal instruments of Central American integration,
adopting new legal instruments of integration, or adopting measures to strengthen and deepen these instruments, provided that such instruments and measures are not
inconsistent with this Agreement.
Article 1.4: Extent of Obligations
The Parties shall ensure that all necessary
measures are taken in order to give effect to the provisions of this Agreement, including their observance, except as otherwise provided in this Agreement, by state governments.
Chapter Two
General Definitions
Article 2.1: Definitions of General Application
For purposes of this Agreement, unless otherwise specified:
Central America
means the Republics of Costa Rica, El Salvador,
Guatemala, Honduras, and Nicaragua;
central level of government
means:
(a) for Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras,
and Nicaragua, the national level of government; and
(b) for the United States, the federal level of government;
Commission
means the Free Trade Commission established under Article 19.1
(The Free Trade Commission);
covered investment
means, with respect to a Party, an investment, as
defined in Article 10.28 (Definitions), in its territory of an investor of another Party in existence
as of the date of entry into force of this Agreement or established, acquired, or expanded
thereafter;
customs authority
means the competent authority that is responsible under
the law of a Party for the administration of customs laws and regulations;
customs duty
includes any customs or import duty and a charge of any kind
imposed in connection with the importation of a good, including any form of surtax or
surcharge in connection with such importation, but does not include any:
(a) charge equivalent to an internal tax imposed consistently with Article
III:2 of the GATT 1994, in respect of like, directly competitive, or substitutable goods
of the Party, or in respect of goods from which the imported good has been manufactured or produced in whole or in part;
(b) antidumping or countervailing duty that is applied pursuant to a Party’s
domestic law; or
(c) fee or other charge in connection with importation commensurate with the
cost of services rendered;
Customs Valuation Agreement
means the WTO Agreement on Implementation
of Article VII of the General Agreement on Tariffs and Trade 1994;
days means calendar days;
enterprise
means any entity constituted or organized under applicable
law, whether or not for profit, and whether privately-owned or governmentally-owned, including any
corporation, trust, partnership, sole proprietorship, joint venture, or other association;
enterprise of a Party
means an enterprise constituted or organized under
the law of a Party;
existing
means in effect on the date of entry into force of this
Agreement;
GATS means the WTO General Agreement on Trade in Services;
GATT 1994
means the WTO General Agreement on Tariffs and Trade 1994;
goods of a Party
means domestic products as these are understood in the
GATT 1994 or such goods as the Parties may agree, and includes originating goods of that Party;
Harmonized System (HS)
means the Harmonized Commodity Description and
Coding System, including its General Rules of Interpretation, Section Notes, and Chapter
Notes, as adopted and implemented by the Parties in their respective tariff laws;
heading
means the first four digits in the tariff classification number
under the Harmonized System;
measure
includes any law, regulation, procedure, requirement, or
practice;
national
means a natural person who has the nationality of a Party
according to Annex 2.1 or a permanent resident of a Party;
originating
means qualifying under the rules of origin set out in Chapter
Four (Rules of Origin and Origin Procedures);
Party means any State for which this Agreement is in force;
person means a natural person or an enterprise;
person of a Party
means a national or an enterprise of a Party;
preferential tariff treatment
means the duty rate applicable under this
Agreement to an originating good;
procurement
means the process by which a government obtains the use of or
acquires goods or services, or any combination thereof, for governmental purposes and not with
a view to commercial sale or resale or with a view to use in the production or supply
of goods or services for commercial sale or resale;
regional level of government
means, for the United States, a state of the
United States, the District of Columbia, or Puerto Rico. For Costa Rica, the Dominican Republic,
El Salvador, Guatemala, Honduras, and Nicaragua, “regional level of government” is not
applicable;
Safeguards Agreement
means the WTO Agreement on Safeguards;
sanitary or phytosanitary measure
means any measure referred to in Annex
A, paragraph 1 of the SPS Agreement;
SPS Agreement
means the WTO Agreement on the Application of Sanitary
and Phytosanitary Measures;
state enterprise
means an enterprise that is owned, or controlled through
ownership interests, by a Party;
subheading
means the first six digits in the tariff classification number
under the Harmonized System;
territory
means for a Party the territory of that Party as set out in
Annex 2.1;
TRIPS Agreement
means the WTO Agreement on Trade-Related Aspects of
Intellectual Property Rights;
WTO means the World Trade Organization; and
WTO Agreement
means the Marrakesh Agreement Establishing the World
Trade Organization, done on April 15, 1994.
Annex 2.1
Country-Specific Definitions
For purposes of this Agreement, unless otherwise specified:
natural person who has the nationality of a Party
means:
(a) with respect to Costa Rica, a costarricense as defined in Articles
13 and 14 of the
Constitución Política de la República de Costa Rica;
(b) with respect to the Dominican Republic, a dominicano as defined in
Article 11 of the Constitución de la República Dominicana;
(c) with respect to El Salvador, a salvadoreño as defined in Articles
90 and 92 of the
Constitución de la República de El Salvador;
(d) with respect to Guatemala, a guatemalteco as defined in Articles
144, 145 and 146 of the Constitución de la República de Guatemala;
(e) with respect to Honduras, a hondureño as defined in Articles 23
and 24 of the
Constitución de la República de Honduras;
(f) with respect to Nicaragua, a nicaragüense as defined in Article 15
of the
Constitución Política de la República de Nicaragua; and
(g) with respect to the United States, “national of the United States” as
defined in the existing provisions of the Immigration and Nationality Act; and
territory
means:
(a) with respect to Costa Rica, the land, maritime, and air space under its
sovereignty1
and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international
law and its domestic law;
(b) with respect to the Dominican Republic, the land, maritime, and air space
under its sovereignty and the exclusive economic zone and the continental shelf
within which it exercises sovereign rights and jurisdiction in accordance with international law and its domestic law;
(c) with respect to El Salvador, the land, maritime, and air space under its
sovereignty and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international
law and its domestic law;
(d) with respect to Guatemala, the land, maritime, and air space under its
sovereignty and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international
law and its domestic law;
(e) with respect to Honduras, the land, maritime, and air space under its
sovereignty and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international
law and its domestic law;
(f) with respect to Nicaragua, the land, maritime, and air space under its
sovereignty and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international
law and its domestic law; and
(g) with respect to the United States,
(i) the customs territory of the United States, which includes the 50 states,
the District of Columbia, and Puerto Rico,
(ii) the foreign trade zones located in the United States and Puerto Rico,
and (iii) any areas beyond the territorial seas of the United States within
which, in accordance with international law and its domestic law, the United States may exercise rights with respect to the seabed and subsoil and their natural resources.
Chapter Three
National Treatment and Market Access for Goods
Article 3.1: Scope and Coverage
Except as otherwise provided, this Chapter applies to trade in goods of a Party.
Section A: National Treatment
Article 3.2: National Treatment
1. Each Party shall accord national treatment to the goods of another Party in accordance with Article III of the GATT 1994, including its interpretive notes, and to this end Article III of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.
2. The provisions of paragraph 1 regarding national treatment shall mean, with respect to a regional level of government, treatment no less favorable than the most favorable treatment that regional level of government accords to any like, directly competitive, or substitutable goods, as the case may be, of the Party of which it forms a part.
3. Paragraphs 1 and 2 shall not apply to the measures set out in Annex 3.2.
Section B: Tariff Elimination
Article 3.3: Tariff Elimination
1. Except as otherwise provided in this Agreement, no Party may increase any existing customs duty, or adopt any new customs duty, on an originating good.
2. Except as otherwise provided in this Agreement, each Party shall progressively eliminate its customs duties on originating goods, in accordance with Annex 3.3.1
3. For greater certainty, paragraph 2 shall not prevent a Central
American Party from providing identical or more favorable tariff treatment to a good as
provided for under the legal instruments of Central American integration, provided that the good
meets the rules of origin under those instruments.
4. On the request of any Party, the Parties shall consult to consider
accelerating the elimination of customs duties set out in their Schedules to Annex 3.3.
Notwithstanding Article 19.1.3(b) (The Free Trade Commission), an agreement between two or more
Parties to accelerate the elimination of a customs duty on a good shall supercede any duty
rate or staging category determined pursuant to their Schedules to Annex 3.3 for such good when
approved by each such Party in accordance with its applicable legal procedures. Promptly
after two or more Parties conclude an agreement under this paragraph they shall notify the other
Parties of the terms of that agreement.
5. For greater certainty, a Party may:
(a) raise a customs duty back to the level established in its Schedule
to Annex 3.3 following a unilateral reduction; or
(b) maintain or increase a customs duty as authorized by the Dispute
Settlement Body of the WTO.
6. Annex 3.3.6 applies to the Parties specified in that Annex.
Section C: Special Regimes
Article 3.4: Waiver of Customs Duties
1. No Party may adopt any new waiver of customs duties, or expand with
respect to existing recipients or extend to any new recipient the application of an
existing waiver of customs duties, where the waiver is conditioned, explicitly or implicitly, on the
fulfillment of a performance requirement.
2. No Party may, explicitly or implicitly, condition on the fulfillment
of a performance requirement the continuation of any existing waiver of customs duties.
3. Costa Rica, the Dominican Republic, El Salvador, and Guatemala may
each maintain existing measures inconsistent with paragraphs 1 and 2, provided it
maintains such measures in accordance with Article 27.4 of the SCM Agreement. Costa Rica, the
Dominican Republic, El Salvador, and Guatemala may not maintain any such measures after
December 31, 2009.
4. Nicaragua and Honduras may each maintain measures inconsistent with
paragraphs 1 and 2 for such time as it is an Annex VII country for purposes of the SCM
Agreement. Thereafter, Nicaragua and Honduras shall maintain any such measures in accordance
with Article 27.4 of the SCM Agreement.
Article 3.5: Temporary Admission of Goods
1. Each Party shall grant duty-free temporary admission for the
following goods, regardless of their origin:
(a) professional equipment, including equipment for the press or
television, software and broadcasting and cinematographic equipment, necessary for carrying
out the business activity, trade, or profession of a business person who
qualifies for temporary entry pursuant to the laws of the importing Party;
(b) goods intended for display or demonstration;
(c) commercial samples and advertising films and recordings; and
(d) goods admitted for sports purposes.
2. Each Party shall, at the request of the person concerned and for
reasons its customs authority considers valid, extend the time limit for temporary
admission beyond the period initially fixed.
3. No Party may condition the duty-free temporary admission of a good
referred to in paragraph 1, other than to require that such good:
(a) be used solely by or under the personal supervision of a national
or resident of another Party in the exercise of the business activity, trade,
profession, or sport of that person;
(b) not be sold or leased while in its territory;
(c) be accompanied by a security in an amount no greater than the
charges that would otherwise be owed on entry or final importation, releasable on
exportation of the good;
(d) be capable of identification when exported;
(e) be exported on the departure of the person referenced in
subparagraph (a), or within such other period related to the purpose of the temporary
admission as the Party may establish, or within one year, unless extended;
(f) be admitted in no greater quantity than is reasonable for its
intended use; and
(g) be otherwise admissible into the Party’s territory under its law.
4. If any condition that a Party imposes under paragraph 3 has not been
fulfilled, the Party may apply the customs duty and any other charge that would normally be
owed on the good plus any other charges or penalties provided for under its law.
5. Each Party, through its customs authority, shall adopt procedures
providing for the expeditious release of goods admitted under this Article. To the extent
possible, such procedures shall provide that when such a good accompanies a national or resident
of another Party who is seeking temporary entry, the good shall be released simultaneously with
the entry of that national or resident.
6. Each Party shall permit a good temporarily admitted under this
Article to be exported through a customs port other than that through which it was admitted.
7. Each Party shall provide that its customs authority or other
competent authority shall relieve the importer or other person responsible for a good admitted
under this Article from any liability for failure to export the good on presentation of
satisfactory proof to the importing Party’s customs authority that the good has been destroyed within the
original period fixed for temporary admission or any lawful extension.
8. Subject to Chapters Ten (Investment) and Eleven (Cross-Border Trade
in Services):
(a) each Party shall allow a vehicle or container used in international
traffic that enters its territory from the territory of another Party to exit its
territory on any route that is reasonably related to the economic and prompt departure
of such vehicle or container;
(b) no Party may require any bond or impose any penalty or charge
solely by reason of any difference between the port of entry and the port of departure
of a vehicle or container;
(c) no Party may condition the release of any obligation, including any
bond, that it imposes in respect of the entry of a vehicle or container into its
territory on its exit through any particular port of departure; and
(d) no Party may require that the vehicle or carrier bringing a
container from the territory of another Party into its territory be the same vehicle or
carrier that takes such container to the territory of another Party.
9. For purposes of paragraph 8, vehicle means a truck, a truck
tractor, tractor, trailer unit or trailer, a locomotive, or a railway car or other railroad equipment.
Article 3.6: Goods Re-entered after Repair or Alteration
1. No Party may apply a customs duty to a good, regardless of its
origin, that re-enters its territory after that good has been temporarily exported from its
territory to the territory of another Party for repair or alteration, regardless of whether such
repair or alteration could be performed in the territory of the Party from which the good was
exported for repair or alteration.
2. No Party may apply a customs duty to a good, regardless of its
origin, admitted temporarily from the territory of another Party for repair or
alteration.
3. For purposes of this Article, repair or alteration does not
include an operation or process that:
(a) destroys a good’s essential characteristics or creates a new or
commercially different good; or
(b) transforms an unfinished good into a finished good.
Article 3.7: Duty-Free Entry of Commercial Samples of Negligible Value
and Printed Advertising Materials
Each Party shall grant duty-free entry to commercial samples of
negligible value and to printed advertising materials, imported from the territory of another
Party, regardless of their origin, but may require that:
(a) such samples be imported solely for the solicitation of orders for
goods, or services provided from the territory, of another Party or a non-Party;
or
(b) such advertising materials be imported in packets that each contain
no more than one copy of each such material and that neither such materials nor
packets form part of a larger consignment.
Section D: Non-Tariff Measures
Article 3.8: Import and Export Restrictions
1. Except as otherwise provided in this Agreement, no Party may adopt
or maintain any prohibition or restriction on the importation of any good of another
Party or on the exportation or sale for export of any good destined for the territory of another
Party, except in accordance with Article XI of the GATT 1994 and its interpretative notes, and to this
end Article XI of the GATT 1994 and its interpretative notes are incorporated into and made a part
of this Agreement, mutatis mutandis.2
2. The Parties understand that the GATT 1994 rights and obligations
incorporated by paragraph 1 prohibit, in any circumstances in which any other form of
restriction is prohibited, a Party from adopting or maintaining:
(a) export and import price requirements, except as permitted in
enforcement of countervailing and antidumping duty orders and undertakings;
(b) import licensing conditioned on the fulfillment of a performance
requirement, except as provided in a Party’s Schedule to Annex 3.3; or
(c) voluntary export restraints inconsistent with Article VI of the
GATT 1994, as implemented under Article 18 of the SCM Agreement and Article 8.1 of
the AD Agreement.
3. In the event that a Party adopts or maintains a prohibition or
restriction on the importation from or exportation to a non-Party of a good, nothing in
this Agreement shall be construed to prevent the Party from:
(a) limiting or prohibiting the importation from the territory of
another Party of such good of that non-Party; or
(b) requiring as a condition of export of such good of the Party to the
territory of another Party, that the good not be re-exported to the non-Party,
directly or indirectly, without being consumed in the territory of the other Party.
4. In the event that a Party adopts or maintains a prohibition or
restriction on the importation of a good from a non-Party, the Parties, on the request of
any Party, shall consult with a view to avoiding undue interference with or distortion of
pricing, marketing, or distribution arrangements in another Party.
5. Paragraphs 1 through 4 shall not apply to the measures set out in
Annex 3.2.
6. Neither a Central American Party nor the Dominican Republic may, as
a condition for engaging in importation or for the import of a good, require a person
of another Party to establish or maintain a contractual or other relationship with a dealer in its
territory.
7. Neither a Central American Party nor the Dominican Republic may
remedy a violation or alleged violation of any law, regulation, or other measure regulating
or otherwise relating to the relationship between any dealer in its
territory and any person of another Party, by prohibiting or restricting
the importation of any good of another Party.
8. For purposes of this
Article:
dealer
means a person of a Party who is responsible for the
distribution, agency, concession, or representation in the territory of
that Party of goods of another Party; and
remedy
means to obtain redress or impose a penalty, including
through a provisional, precautionary, or permanent measure.
Article 3.9: Import Licensing
1. No Party may adopt or maintain a measure that is inconsistent with
the Import Licensing Agreement.
2. Promptly after entry into force of this Agreement, each Party shall
notify the other Parties of any existing import licensing procedures, and
thereafter shall notify the other Parties of any new import licensing
procedure and any modification to its existing import licensing
procedures, within 60 days before it takes effect. A notification provided
under this Article shall:
(a) include the information specified in Article 5 of the Import
Licensing Agreement; and
(b) be without prejudice as to whether the import licensing procedure
is consistent with this Agreement.
3. No Party may apply an import licensing procedure to a good of
another Party unless it has provided notification in accordance with
paragraph 2.
Article 3.10: Administrative Fees and Formalities
1. Each Party shall ensure, in accordance with Article VIII:1 of the
GATT 1994 and its interpretive notes, that all fees and charges of
whatever character (other than customs duties, charges equivalent to an
internal tax or other internal charge applied consistently with Article
III:2 of the GATT 1994, and antidumping and countervailing duties) imposed
on or in connection with importation or exportation are limited in amount
to the approximate cost of services rendered and do not represent an
indirect protection to domestic products or a taxation of imports or
exports for fiscal purposes.
2. No Party may require consular transactions, including related fees
and charges, in connection with the importation of any good of another
Party.
3. Each Party shall make available and maintain through the Internet a
current list of the fees and charges it imposes in connection with
importation or exportation.
4. The United States shall eliminate its merchandise processing fee on
originating goods.
Article 3.11: Export Taxes
Except as provided in Annex 3.10, no Party may adopt or maintain any
duty, tax, or other charge on the export of any good to the territory of
another Party, unless such duty, tax, or charge is adopted or maintained
on any such good:
(a) when exported to the territories of all other Parties; and
(b) when destined for domestic consumption.
Section E: Other Measures
Article 3.12: Distinctive Products
1. Each Central American Party and the Dominican Republic shall
recognize Bourbon Whiskey and Tennessee Whiskey, which is a straight
Bourbon Whiskey authorized to be produced only in the State of Tennessee,
as distinctive products of the United States. Accordingly, those
Parties shall not permit the sale of any product as Bourbon Whiskey or
Tennessee Whiskey, unless it has been manufactured in the United States in
accordance with the laws and regulations of the United States governing
the manufacture of Bourbon Whiskey and Tennessee Whiskey.
2. At the request of a Party, the Committee on Trade in Goods shall
consider whether to recommend that the Parties amend the Agreement to
designate a good as a distinctive product for purposes of this Article.
Section F: Agriculture
Article 3.13: Administration and Implementation of Tariff-Rate Quotas
1. Each Party shall implement and administer the tariff-rate quotas for
agricultural goods set out in Appendix I or, if applicable, Appendix II or
III to its Schedule to Annex 3.3 (hereafter “TRQs”) in accordance with
Article XIII of the GATT 1994, including its interpretive notes, and the
Import Licensing Agreement.
2. Each Party shall ensure that:
(a) its procedures for administering its TRQs are transparent, made
available to the public, timely, nondiscriminatory, responsive to market
conditions, minimally burdensome to trade, and reflect end user
preferences;
(b) any person of a Party that fulfills the Party’s legal and
administrative requirements shall be eligible to apply and to be
considered for an import license or quota allocation under the Party’s
TRQs;
(c) it does not allocate any portion of a quota to an industry
association or nongovernmental organization, except as otherwise
provided in this Agreement;
(d) solely government authorities administer its TRQs, except as
otherwise provided in this Agreement; and
(e) it allocates quotas under its TRQs in commercially viable
shipping quantities and, to the maximum extent possible, in the amounts
that importers request.
3. Each Party shall strive to administer its TRQs in a manner that
allows importers to fully utilize import quotas.
4. No Party may condition application for, or utilization of, import
licenses or quota allocations under its TRQs on the re-export of an
agricultural good.
5. No Party may count food aid or other non-commercial shipments in
determining whether an import quota under its TRQs has been filled.
6. On request of any Party, an importing Party shall consult with the
requesting Party regarding the administration of its TRQs.
Article 3.14: Agricultural Export Subsidies
1. The Parties share the objective of the multilateral elimination of
export subsidies for agricultural goods and shall work together toward an
agreement in the WTO to eliminate those subsidies and prevent their
reintroduction in any form.
2. Except as provided in paragraph 3, no Party may introduce or
maintain any export subsidy on any agricultural good destined for the
territory of another Party.
3. Where an exporting Party considers that a non-Party is exporting an
agricultural good to the territory of another Party with the benefit of
export subsidies, the importing Party shall, on written request of the
exporting Party, consult with the exporting Party with a view to agreeing
on specific measures that the importing Party may adopt to counter the
effect of such subsidized imports. If the importing Party adopts the
agreed-on measures, the exporting Party shall refrain from applying any
subsidy to its exports of the good to the territory of the importing
Party. If the importing Party does not adopt the agreed-on measures, the
exporting Party may apply an export subsidy on its exports of the good to
the territory of the importing Party only to the extent necessary to
counter the trade-distorting effect of subsidized exports of the good from
the non-Party to the importing Party’s territory.
Article 3.15: Agricultural Safeguard Measures
1. Notwithstanding Article 3.3, each Party may apply a measure in the
form of an additional import duty on an agricultural good listed in that
Party’s Schedule to Annex 3.15, provided that the conditions in paragraphs
2 through 7 are met. The sum of any such additional import duty and any
other customs duty on such good shall not exceed the lesser of:
(a) the prevailing most-favored-nation (MFN) applied rate of duty; or
(b) the MFN applied rate of duty in effect on the day immediately
preceding the date of entry into force of this Agreement.
2. A Party may apply an agricultural safeguard measure during any
calendar year if the quantity of imports of the good during such year
exceeds the trigger level for that good set out in its Schedule to Annex
3.15.
3. The additional duty under paragraph 1 shall be set according to each
Party’s Schedule to Annex 3.15.
4. No Party may apply an agricultural safeguard measure and at the same
time apply or maintain:
(a) a safeguard measure under Chapter Eight (Trade Remedies); or
(b) a measure under Article XIX of the GATT 1994 and the Safeguards
Agreement; with respect to the same good.
5. No Party may apply or maintain an agricultural safeguard measure:
(a) on or after the date that a good is subject to duty-free
treatment under the Party’s Schedule to Annex 3.3; or
(b) that increases the in-quota duty on a good subject to a TRQ.
6. Each Party shall implement an agricultural safeguard measure in a
transparent manner. Within 60 days after applying a measure, a Party shall
notify any Party whose good is subject to the measure, in writing, and
shall provide it relevant data concerning the measure. On request, the
Party applying the measure shall consult with any Party whose good is
subject to the measure regarding application of the measure.
7. A Party may maintain an agricultural safeguard measure only until
the end of the calendar year in which the Party applies the measure.
8. The Commission and the Committee on Agricultural Trade may review
the implementation and operation of this Article.
9. For purposes of this Article and Annex 3.15, agricultural
safeguard measure means a measure described in paragraph 1.
Article 3.16: Sugar Compensation Mechanism
1. In any year, the United States may, at its option, apply a mechanism
that results in compensation to a Party’s exporters of sugar goods in lieu
of according duty-free treatment to some or all of the duty-free quantity
of sugar goods established for that Party in Appendix I to the Schedule of
the United States to Annex 3.3. Such compensation shall be equivalent to
the estimated economic rents that the Party’s exporters would have
obtained on exports to the United States of any such amounts of sugar
goods and shall be provided within 30 days after the United States
exercises this option. The United States shall notify the Party at least
90 days before it exercises this option and, on request, shall enter into
consultations with the Party regarding application of the mechanism.
2. For purposes of this Article, sugar good means a good
provided for in the subheadings listed in subparagraph 3(c) of Appendix I
to the Schedule of the United States to Annex 3.3.
Article 3.17: Consultations on Trade in Chicken
The Parties shall consult on, and review the implementation and
operation of the Agreement as it relates to, trade in chicken in the ninth
year after the date of entry into force of this Agreement.
Article 3.18: Agriculture Review Commission
The Parties shall establish an Agriculture Review Commission in the
14th year after the date of entry into force of this Agreement
to review the implementation and operation of the Agreement as it relates
to trade in agricultural goods. The Agriculture Review Commission shall
evaluate the effects of trade liberalization under the Agreement, the
operation of Article 3.15 and possible extension of agricultural safeguard
measures under that Article, progress toward global agricultural trade
reform in the WTO, and developments in world agricultural markets. The
Agriculture Review Commission shall report its findings and any
recommendations to the Commission.
Article 3.19: Committee on Agricultural Trade
1. Not later than 90 days after the date of entry into force of this
Agreement, the Parties shall establish a Committee on Agricultural Trade,
comprising representatives of each Party.
2. The Committee shall provide a forum for:
(a) monitoring and promoting cooperation on the implementation and
administration of this Section;
(b) consultation between the Parties on matters related to this
Section in coordination with other committees, subcommittees, working
groups, or other bodies established under this Agreement; and
(c) undertaking any additional work that the Commission may assign.
3. The Committee shall meet at least once a year unless it decides
otherwise. Meetings of the Committee shall be chaired by the
representatives of the Party hosting the meeting.
4. All decisions of the Committee shall be taken by consensus, unless
the Committee otherwise decides.
Section G: Textiles and Apparel
Article 3.20: Refund of Customs Duties
1. On request of an importer, a Party shall refund any excess customs
duties paid in connection with the importation into its territory of an
originating textile or apparel good between January 1, 2004 and the date
of entry into force of this Agreement for that Party. For purposes of
applying this Article, the importing Party shall consider a good to be
originating if the Party would have considered the good to be originating
had it been imported into its territory on the date of entry into force of
this Agreement for that Party.
2. Paragraph 1 shall not apply with respect to textile or apparel goods
imported into, or imported from, the territory of a Party if it provides
written notice to the other Parties by no later than 90 days before the
date of entry into force of this Agreement for that Party that it will not
comply with paragraph 1.
3. Notwithstanding paragraph 2, paragraph 1 shall apply with respect to
textile or apparel goods imported from the territory of a Party if it
provides written notice to the other Parties by no later than 90 days
before the date of entry into force of this Agreement for that Party that
it shall provide a benefit for textile or apparel goods imported into its
territory that the importing and exporting Parties have agreed is
equivalent to the benefit provided in paragraph 1.
4. This Article shall not apply to a textile or apparel good that
qualifies for preferential tariff treatment under Article 3.21, 3.27, or
3.28.
Article 3.21: Duty-Free Treatment for Certain Goods
1. An importing and an exporting Party may identify at any time
particular textile or apparel goods of the exporting Party that they
mutually agree fall within:
(a) hand-loomed fabrics of a cottage industry;
(b) hand-made cottage industry goods made of such hand-loomed
fabrics; or
(c) traditional folklore handicraft goods.
2. The importing Party shall grant duty-free treatment to goods so
identified, if certified by the competent authority of the exporting
Party.
Article 3.22: Elimination of Existing Quantitative Restrictions
Not later than the date of entry into force of this Agreement, the
United States shall eliminate the existing quantitative restrictions it
maintains under the Agreement on Textiles and Clothing as set out in Annex
3.22.
Article 3.23: Textile Safeguard Measures
1. Subject to the following paragraphs, and during the transition
period only, if, as a result of the reduction or elimination of a duty
provided for in this Agreement, a textile or apparel good of another Party
is being imported into the territory of a Party in such increased
quantities, in absolute terms or relative to the domestic market for that
good, and under such conditions as to cause serious damage, or actual
threat thereof, to a domestic industry producing a like or directly
competitive good, the importing Party may, to the extent necessary to
prevent or remedy such damage and to facilitate adjustment, apply a
textile safeguard measure to that good, consisting of an increase in the
rate of duty on the good to a level not to exceed the lesser of:
(a) the most-favored-nation (MFN) applied rate of duty in effect at
the time the measure is applied; and
(b) the MFN applied rate of duty in effect on the date of entry into
force of this Agreement.
2. In determining serious damage, or actual threat thereof, the
importing Party:
(a) shall examine the effect of increased imports of the good of the
other Party on the particular industry, as reflected in changes in such
relevant economic variables as output, productivity, utilization of
capacity, inventories, market share, exports, wages, employment,
domestic prices, profits, and investment, none of which, either alone or
combined with other factors, shall necessarily be decisive; and
(b) shall not consider changes in technology or consumer preference
as factors supporting a determination of serious damage or actual threat
thereof.
3. The importing Party may apply a textile safeguard measure only
following an investigation by its competent authority.
4. If, on the basis of the results of the investigation under paragraph
3, the importing Party intends to apply a textile safeguard measure, the
importing Party shall promptly provide written notice to the exporting
Party of its intent to apply a textile safeguard measure, and on request
shall enter into consultations with that Party. The importing Party and
the exporting Party shall begin the consultations without delay and shall
complete them within 60 days of the date of receipt of the request. The
importing Party shall make a decision on whether to apply a safeguard
measure within 30 days of completion of the consultations.
5. The following conditions and limitations apply to any textile
safeguard measure:
(a) no Party may maintain a textile safeguard measure for a period
exceeding three years;
(b) no Party may apply a textile safeguard measure to the same good
of another Party more than once;
(c) on termination of the textile safeguard measure, the Party
applying the measure shall apply the rate of duty set out in its
Schedule to Annex 3.3, as if the measure had never been applied; and
(d) no Party may maintain a textile safeguard measure beyond the
transition period.
6. The Party applying a textile safeguard measure shall provide to the
Party against whose good the measure is taken mutually agreed trade
liberalizing compensation in the form of concessions having substantially
equivalent trade effects or equivalent to the value of the additional
duties expected to result from the textile safeguard measure. Such
concessions shall be limited to textile or apparel goods, unless the
consulting Parties otherwise agree. If the consulting Parties are unable
to agree on compensation within 30 days of application of a textile
safeguard measure, the Party against whose good the measure is taken may
take tariff action having trade effects substantially equivalent to the
trade effects of the textile safeguard measure. Such tariff action may be
taken against any goods of the Party applying the measure. The Party
taking the tariff action shall apply such action only for the minimum
period necessary to achieve the substantially equivalent trade effects.
The importing Party’s obligation to provide trade compensation and the
exporting Party’s right to take tariff action shall terminate when the
textile safeguard measure terminates.
7.
(a) Each Party retains its rights and obligations under Article XIX
of the GATT 1994 and the Safeguards Agreement.
(b) No Party may apply, with respect to the same good at the same
time, a textile safeguard measure and:
(i) a safeguard measure under Chapter Eight (Trade Remedies); or
(ii) a measure under Article XIX of the GATT 1994 and the
Safeguards Agreement.
Article 3.24: Customs Cooperation3
1. The customs authorities of the Parties shall cooperate for purposes
of:
(a) enforcing or assisting in the enforcement of their respective
laws, regulations, and procedures affecting trade in textile or apparel
goods;
(b) ensuring the accuracy of claims of origin for textile or apparel
goods; and (c) deterring circumvention of laws, regulations, and
procedures of any Party or international agreements affecting trade in
textile or apparel goods.
2.
(a) On the written request of an importing Party, an exporting Party
shall conduct a verification for purposes of enabling the importing
Party to determine:
(i) that a claim of origin for a textile or apparel good is
accurate, or
(ii) that the exporter or producer is complying with applicable
customs laws, regulations, and procedures regarding trade in textile
or apparel goods, including:
(A) laws, regulations, and procedures that the exporting Party
adopts and maintains pursuant to this Agreement; and
(B) laws, regulations, and procedures of the
importing Party and the exporting Party implementing other
international agreements regarding trade in textile or apparel
goods.
(b) A request under subparagraph (a) shall include specific
information regarding the reason the importing Party is requesting the
verification and the determination the importing Party is seeking to
make.
(c) The exporting Party shall conduct a verification under
subparagraph (a)(i), regardless of whether an importer claims
preferential tariff treatment for the textile or apparel good for which
a claim of origin has been made.
3. The importing Party, through its competent authority, may assist in
a verification conducted under paragraph 2(a), or, at the request of the
exporting Party, undertake such a verification, including by conducting,
along with the competent authority of the exporting Party, visits in the
territory of the exporting Party to the premises of an exporter, producer,
or any other enterprise involved in the movement of textile or apparel
goods from the territory of the exporting Party to the territory of the
importing Party.
4.
(a) The competent authority of the importing Party shall provide a
written request to the competent authority of the exporting Party 20 days
before the proposed date of a visit under paragraph 3. The request shall
identify the competent authority making the request, the names and titles
of the authorized personnel that will conduct the visit, the reason for
the visit, including a description of the type of goods that are the
subject of the verification, and the proposed dates of the visit.
(b) The competent authority of the exporting Party shall respond within
10 days of receipt of the request, and shall indicate the date on which
authorized personnel of the importing Party may perform the visit. The
exporting Party shall seek, in accordance with its laws, regulations, and
procedures, permission from the enterprise to conduct the visit. If
consent is not provided, the importing Party may deny preferential tariff
treatment to the type of goods of the enterprise that would have been the
subject of the verification, except that the importing Party may not deny
preferential tariff treatment to such goods based solely on a postponement
of the visit, if there is adequate reason for such postponement.
(c) Authorized personnel of the importing and exporting Parties shall
conduct the visit in accordance with the laws, regulations, and procedures
of the exporting Party.
(d) On completion of a visit, the importing Party shall provide the
exporting Party with an oral summary of the results of the visit and
provide it with a written report of the results of the visit within
approximately 45 days of the visit. The written report shall include:
(i) the name of the enterprise visited;
(ii) particulars of the shipments that were checked;
(iii) observations made at the enterprise relating to circumvention;
and
(iv) an assessment of whether the enterprise’s production records and
other documents support its claims for preferential tariff treatment for:
(A) a textile or apparel good subject to a verification conducted under paragraph 2(a)(i); or
(B) in the case of a verification conducted under paragraph 2(a)(ii), any textile or apparel good exported or produced by the enterprise.
5. On request of a Party conducting a verification under paragraph
2(a), a Party shall provide, consistent with its laws, regulations, and procedures,
production, trade, and transit documents and other information necessary to conduct the verification.
Where the providing Party designates the information as confidential, Article 5.6
(Confidentiality) shall apply. Notwithstanding the foregoing, a Party may publish the name of an
enterprise that:
(a) the Party has determined to be engaged in intentional circumvention
of laws, regulations, and procedures of any Party or international agreements
affecting trade in textile or apparel goods; or
(b) has failed to demonstrate that it produces, or is capable of
producing, textile or apparel goods.
6.
(a)
(i) During a verification conducted under paragraph 2(a), if
there is insufficient information to support a claim for preferential tariff
treatment, the importing Party may take appropriate action, which may include suspending the application of such treatment to:
(A) in the case of a verification conducted under paragraph 2(a)(i),
the textile or apparel good for which a claim for preferential tariff treatment has been made; and
(B) in the case of a verification conducted under paragraph 2(a)(ii), any textile or apparel good exported or produced by the enterprise subject to that verification for which a claim for preferential tariff treatment has been made.
(ii) On completion of a verification conducted under paragraph 2(a), if
there is insufficient information to support a claim for preferential tariff
treatment, the importing Party may take appropriate action, which may include denying the application of such treatment to any textile or apparel
good described in clauses (i)(A) and (B).
(iii) During or on completion of a verification conducted under
paragraph 2(a), if the importing Party discovers that an enterprise has provided
incorrect information to support a claim for preferential tariff treatment, the importing Party may take appropriate action, which may include denying the application of such treatment to any textile or apparel good
described in clauses (i)(A) and (B).
(b)
(i) During a verification conducted under paragraph
2(a), if there is insufficient information to determine the country of origin, the
importing Party may take appropriate action, which may include detention of any textile or apparel good exported or produced by the enterprise subject
to the verification, but for no longer than the period permitted under its
law.
(ii) On completion of a verification conducted under paragraph 2(a), if
there is insufficient information to determine the country of origin, the
importing Party may take appropriate action, which may include denying entry to any textile or apparel good exported or produced by the enterprise
subject to the verification.
(iii) During or on completion of a verification conducted under
paragraph 2(a), if the importing Party discovers that an enterprise has provided
incorrect information as to the country of origin, the importing Party may take appropriate action, which may include denying entry to any textile or apparel good exported or produced by the enterprise subject to the verification.
(c) The importing Party may continue to take appropriate action under
any provision of this paragraph only until it receives information sufficient to
enable it to make the determination in paragraph 2(a)(i) or (ii), as the case may be, but
in any event for no longer than the period permitted under its law.
(d) The importing Party may deny preferential tariff treatment or entry
under this paragraph only after providing a written determination to the importer
of the reason for the denial.
7. Not later than 45 days after it completes a verification conducted
under paragraph 2(a), the exporting Party shall provide the importing Party a written report
on the results of the verification. The report shall include all documents and facts
supporting any conclusion that the exporting Party reaches. After receiving the report, the importing
Party shall notify the exporting Party of any action it will take under paragraph 6(a)(ii) or (iii) or
6(b)(ii) or (iii), based on the information provided in the report.
8. On the written request of a Party, two or more Parties shall enter
into consultations to resolve any technical or interpretive difficulties that may arise, or
to discuss ways to improve customs cooperation, regarding the application of this Article. Unless
the consulting Parties otherwise agree, consultations shall begin within 30 days after
delivery of the request, and conclude within 90 days after delivery.
9. A Party may request technical or other assistance from any other
Party in implementing this Article. The Party receiving such a request shall make every
effort to respond favorably and promptly to it.
Article 3.25: Rules of Origin and Related Matters
Consultations on Rules of Origin
1. On request of a Party, the Parties shall, within 30 days after the
request is delivered, consult on whether the rules of origin applicable to a particular
textile or apparel good should be modified.
2. In the consultations referred to in paragraph 1, each Party shall
consider all data that a Party presents demonstrating substantial production in its territory of
the good. The Parties shall consider that there is substantial production if a Party demonstrates
that its domestic producers are capable of supplying commercial quantities of the good in a timely
manner.
3. The Parties shall endeavor to conclude the consultations within 90
days after delivery of the request. If the Parties reach an agreement to modify a rule of
origin for a particular good, the agreement shall supersede that rule of origin when approved by the
Parties in accordance with Article 19.1.3(b) (The Free Trade Commission).
Fabrics, Yarns, and Fibers Not Available in Commercial Quantities
4.
(a) At the request of an interested entity, the United
States shall, within 30 business days of receiving the request, add a fabric, fiber, or yarn in an
unrestricted or restricted quantity to the list in Annex 3.25, if the United States
determines, based on information supplied by interested entities, that the fabric, fiber,
or yarn is not available in commercial quantities in a timely manner in the territory
of any Party, or if no interested entity objects to the request.
(b) If there is insufficient information to make the determination in
subparagraph (a), the United States may extend the period within which it must make that
determination by no more than 14 business days, in order to meet with
interested entities to substantiate the information.
(c) If the United States does not make the determination in
subparagraph (a) within 15 business days of the expiration of the period within which it must
make that determination, as specified in subparagraph (a) or (b), the United
States shall grant the request.
(d) The United States may, within six months after adding a restricted
quantity of a fabric, fiber, or yarn to the list in Annex 3.25 pursuant to
subparagraph (a), eliminate the restriction.
(e) If the United States determines before the date of entry into force
of this Agreement that any fabrics or yarns not listed in Annex 3.25 are not
available in commercial quantities in the United States pursuant to section
112(b)(5)(B) of the
African Growth and Opportunity Act (19 U.S.C. § 3721(b)), section 204(b)(3)(B)(ii) of the Andean Trade Preference Act (19 U.S.C. § 3203(b)(3)(B)(ii)), or section 213(b)(2)(A)(v)(II) of the Caribbean
Basin Economic Recovery Act (19 U.S.C. § 2703(b)(2)(A)(v)(II)), the
United States shall add such fabrics or yarns in an unrestricted quantity to the list
in Annex
5. At the request of an interested entity made no earlier than six
months after the United States has added a fabric, yarn, or fiber in an unrestricted quantity
to Annex 3.25 pursuant to paragraph 4, the United States may, within 30 business days after it
receives the request:
(a) delete the fabric, yarn, or fiber from the list in Annex 3.25; or
(b) introduce a restriction on the quantity of the fabric, yarn, or
fiber added to Annex 3.25, if the United States determines, based on the information supplied by
interested entities, that the fabric, yarn, or fiber is available in commercial quantities in a
timely manner in the territory of any Party. Such deletion or restriction shall not take effect until six
months after the United States publishes its determination.
6. Promptly after the date of entry into force of this Agreement, the
United States shall publish the procedures it will follow in considering requests under
paragraphs 4 and 5.
De Minimis
7. A textile or apparel good that is not an originating good because
certain fibers or yarns used in the production of the component of the good that determines the
tariff classification of the good do not undergo an applicable change in tariff classification
set out in Annex 4.1 (Specific Rules of Origin), shall nonetheless be considered to be an
originating good if the total weight of all such fibers or yarns in that component is not more than
ten percent of the total weight of that component.4
8. Notwithstanding paragraph 7, a good containing elastomeric yarns5
in the component of the good that determines the tariff classification of the good shall
originate only if such yarns are wholly formed in the territory of a Party.6
Treatment of Sets
9. Notwithstanding the specific rules of origin in Annex 4.1 (Specific
Rules of Origin), textile or apparel goods classifiable as goods put up in sets for
retail sale as provided for in General Rule of Interpretation 3 of the Harmonized System, shall not be
regarded as originating goods unless each of the products in the set is an originating good or
the total value of the nonoriginating goods in the set does not exceed ten percent of the adjusted value of
the set.
Treatment of Nylon Filament Yarn
10. A textile or apparel good that is not an originating good because
certain yarns used in the production of the component of the good that determines the tariff
classification of the good do not undergo an applicable change in tariff classification set out in
Annex 4.1 (Specific Rules of Origin), shall nonetheless be considered to be an originating good if
the yarns are those described in section 204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act
(19 U.S.C. § 3203(b)(3)(B)(vi)(IV)).
Article 3.26: Most-Favored-Nation Rates of Duty on Certain Goods
For a textile or apparel good provided for in chapters 61 through 63 of
the Harmonized System that is not an originating good, the United States shall apply
its MFN rate of duty only on the value of the assembled good minus the value of fabrics formed in
the United States, components knit-to-shape in the United States, and any other materials
of U.S. origin used in the production of such a good, provided that the good is sewn or otherwise
assembled in the territory of another Party or Parties with thread wholly formed in the United
States, from fabrics wholly formed in the United States and cut in one or more Parties, or from
components knit-to-shape in the United States, or both.7
Article 3.27: Preferential Tariff Treatment for Wool Apparel Goods
Assembled in Costa Rica
Annex 3.27 sets out provisions applicable to certain apparel goods of
Costa Rica.
Article 3.28: Preferential Tariff Treatment for Non-Originating Apparel
Goods of Nicaragua
Annex 3.28 sets out provisions applicable to certain apparel goods of
Nicaragua.
Article 3.29: Definitions
For purposes of this Section:
claim of origin
means a claim that a textile or apparel good is an
originating good or a good of a Party;
exporting Party
means the Party from whose territory a textile or
apparel good is exported;
importing Party
means the Party into whose territory a textile or
apparel good is imported;
interested entity
means a Party, a potential or actual purchaser of
a textile or apparel good, or a potential or actual supplier of a textile or apparel good;
textile or apparel good
means a good listed in the Annex to the
Agreement on Textiles and Clothing, except for those goods listed in Annex 3.29;
textile safeguard measure
means a measure applied under Article
3.23.1; and
transition period means the five-year period beginning on the date
of entry into force of this Agreement.
Section H: Institutional Provisions
Article 3.30: Committee on Trade in Goods
1. The Parties hereby establish a Committee on Trade in Goods,
comprising representatives of each Party.
2. The Committee shall meet on the request of a Party or the Commission
to consider any matter arising under this Chapter, Chapter Four (Rules of Origin and
Origin Procedures), or Chapter Five (Customs Administration and Trade Facilitation).
3. The Committee’s functions shall include:
(a) promoting trade in goods between the Parties, including through
consultations on accelerating tariff elimination under this Agreement and other issues
as appropriate;
(b) addressing barriers to trade in goods between the Parties,
especially those related to the application of non-tariff measures, and, if appropriate,
referring such matters to the Commission for its consideration; and
(c) providing to the Committee on Trade Capacity Building advice and recommendations on technical assistance needs regarding matters
relating to this Chapter, Chapter Four (Rules of Origin and Origin Procedures), or
Chapter Five (Customs Administration and Trade Facilitation).
Section I: Definitions
Article 3.31: Definitions
For purposes of this Chapter:
AD Agreement
means the WTO Agreement on Implementation of
Article VI of the General Agreement on Tariffs and Trade 1994;
advertising films and recordings
means recorded visual media or
audio materials, consisting essentially of ../images and/or sound, showing the nature or operation of
goods or services offered for sale or lease by a person established or resident in the territory
of a Party, provided that such materials are of a kind suitable for exhibition to prospective
customers, but not for broadcast to the general public;
Agreement on Textiles and Clothing
means the WTO Agreement on
Textiles and Clothing;
agricultural goods
means those goods referred to in Article 2 of
the WTO Agreement on Agriculture;
commercial samples of negligible value
means commercial samples
having a value, individually or in the aggregate as shipped, of not more than one U.S.
dollar, or the equivalent amount in the currency of another Party, or so marked, torn,
perforated, or otherwise treated that they are unsuitable for sale or for use except as commercial samples;
consular transactions
means requirements that goods of a Party
intended for export to the territory of another Party must first be submitted to the supervision
of the consul of the importing Party in the territory of the exporting Party for the purpose of
obtaining consular invoices or consular visas for commercial invoices, certificates of origin,
manifests, shippers’ export declarations, or any other customs documentation required on or in
connection with importation;
consumed
means
(a) actually consumed; or
(b) further processed or manufactured so as to result in a substantial
change in value, form, or use of the good or in the production of another good;
duty-free
means free of customs duty;
export subsidies
shall have the meaning assigned to that term in
Article 1(e) of the WTO
Agreement on Agriculture, including any amendment of that article;
goods intended for display or demonstration
includes their
component parts, ancillary apparatus, and accessories;
goods temporarily admitted for sports purposes
means sports
requisites for use in sports contests, demonstrations, or training in the territory of the Party
into whose territory such goods are admitted;
import licensing
means an administrative procedure requiring the
submission of an application or other documentation (other than that generally required for customs
clearance purposes) to the relevant administrative body as a prior condition for importation into
the territory of the importing Party;
Import Licensing Agreement
means the WTO Agreement on Import
Licensing Procedures;
performance requirement
means a requirement that:
(a) a given level or percentage of goods or services be exported;
(b) domestic goods or services of the Party granting a waiver of
customs duties or import license be substituted for imported goods;
(c) a person benefiting from a waiver of customs duties or an import
license purchase other goods or services in the territory of the Party granting the
waiver of customs duties or the import license, or accord a preference to domestically
produced goods;
(d) a person benefiting from a waiver of customs duties or an import
license produce goods or supply services, in the territory of the Party granting the
waiver of customs duties or the import license, with a given level or percentage
of domestic content; or
(e) relates in any way the volume or value of imports to the volume or
value of exports or to the amount of foreign exchange inflows, but does not include a requirement that:
(f) an imported good be subsequently exported;
(g) an imported good be used as a material in the production of another
good that is subsequently exported;
(h) an imported good be substituted by an identical or similar good
used as a material in the production of another good that is subsequently exported; or
(i) an imported good be substituted by an identical or similar good
that is subsequently exported;
printed advertising materials
means those goods classified in
Chapter 49 of the Harmonized System, including brochures, pamphlets, leaflets, trade catalogues,
yearbooks published by trade associations, tourist promotional materials, and posters, that are used
to promote, publicize, or advertise a good or service, are essentially intended to advertise a
good or service, and are supplied free of charge; and
SCM Agreement
means the WTO Agreement on Subsidies and
Countervailing Measures.
Annex 3.2
National Treatment and Import and Export Restrictions
Section A: Measures of Costa Rica
Articles 3.2 and 3.8 shall not apply to:
(a) controls on the import of crude oil, its fuel, derivatives,
asphalt, and gasoline pursuant to Law No. 7356 of September 6, 1993;
(b) controls on the export of wood in logs and boards from forests
pursuant to Law No. 7575 of April 16, 1996;
(c) controls on the export of hydrocarbons pursuant to Law No. 7399 of
May 3, 1994;
(d) controls on the export of coffee pursuant to Law No. 2762 of June
21, 1961;
(e) controls on the import and export of ethanol and crude rums
pursuant to Law No. 8 of October 31, 1885;
(f) controls to establish a minimum export price for bananas, pursuant
to Law No. 7472 of January 19, 1995; and
(g) actions authorized by the Dispute Settlement Body of the WTO.
Section B: Measures of the Dominican Republic
Articles 3.2 and 3.8 shall not apply to:
(a) controls on the importation of motor vehicles and motorcycles older
than five years, and vehicles greater or equal to five tons older than 15 years,
pursuant to Law No. 147 of December 27, 2000, and Law No. 12-01 of January 17,
2001;8
(b) controls on the importation of used household appliances, pursuant
to Law No. 147 of December 27, 2000;9
(c) controls on the importation of used clothes, pursuant to Law No.
458 of January 3,
(d) controls on the importation of motor vehicles not suitable for
operation, pursuant to Decree No. 671-02 of August 27, 2002;10
and
(e) actions by the Dominican Republic authorized by the Dispute
Settlement Body of the WTO.
Section C: Measures of El Salvador
Articles 3.2 and 3.8 shall not apply to:
(a) controls on the importation of arms and ammunition, parts, and
accessories included in HS Chapter 93, pursuant to Decree No. 655 of July 26, 1999
and its amendment pursuant to Decree No. 1035 of November 13, 2002;
(b) controls on the importation of motor vehicles older than eight
years, and on buses and trucks older than 15 years, pursuant to Article 1 of Decree No. 357
of April 6, 2001;11
(c) controls on the importation of sacks and bags made out of jute and
other similar textile fibers in subheading 6305.10 pursuant to Article 1 of Decree
No. 1097 of July 10, 1953. El Salvador shall eliminate the controls identified in
this subparagraph ten years after the date of entry into force of this
Agreement; and
(d) actions authorized by the Dispute Settlement Body of the WTO.
Section D: Measures of Guatemala
Articles 3.2 and 3.8 shall not apply to:
(a) controls on the exportation of timber in round logs or worked logs
and sawn timber measuring more than 11centimeters in thickness, pursuant to the
Ley de Bosques Legislative Decree No. 101-96 of October 31, 1996;
(b) controls on the exportation of coffee pursuant to the Ley del
Café, Legislative Decree No. 19-69 of April 22, 1969;
(c) controls on the importation of weapons pursuant to the Ley de
Armas y Municiones, Legislative Decree No. 39-89 of June 29, 1989; and
(d) actions authorized by the Dispute Settlement Body of the WTO.
Section E: Measures of Honduras
Articles 3.2 and 3.8 shall not apply to:
(a) controls on the exportation of wood from broadleaved forests
pursuant to Decree No. 323-98 of December 29, 1998;
(b) controls on the importation of arms and ammunitions pursuant to
Article 292 of Decree No. 131 of January 11, 1982;
(c) controls on the importation of motor vehicles older than seven
years and buses older than ten years pursuant to Article 7 of Decree No. 194-2002 of
May 15, 2002;12 and
(d) actions authorized by the Dispute Settlement Body of the WTO.
Section F: Measures of Nicaragua
1. Articles 3.2 and 3.8 shall not apply to:
(a) controls on the exportation of basic foodstuffs provided that these
controls are used to temporarily alleviate a critical shortage of that particular
food item. For the purposes of this subparagraph, “temporarily” means up to one year,
or such longer period as the United States and Nicaragua may agree;
(b) controls on the importation of motor vehicles older than seven
years pursuant to Article 112 of Decree No. 453 of May 6, 2003;13
and
(c) actions authorized by the Dispute Settlement Body of the WTO.
2. For purposes of paragraph 1, “basic foodstuffs” include the
following:
Beans
Brown sugar
Chicken meat
Coffee
Corn
Corn flour
Corn tortillas
Powdered milk
Rice
Salt
Vegetable oil
3. Notwithstanding Articles 3.2 and 3.8, for the first ten years after
the date of entry into force of this Agreement, Nicaragua may maintain its existing
prohibitions or restrictions on the importation of the used goods set out below:
| Tariff Classification |
Description
|
| Subheading 4012.10 |
Used retreaded tires14 |
Subheading 4012.20 |
Used pneumatic tires15 |
Heading 63.09 |
Used clothing |
| Heading 63.10 |
Rags, scrap twine, cordage, rope, and cable, and
worn out
or unusable articles of twine, cordage, rope, or cables,
of
textile materials |
(Note: Descriptions are provided for reference purposes only. To the
extent of a conflict between the tariff classification and the description, the tariff
classification governs.)
Section G: Measures of the United States
Articles 3.2 and 3.8 shall not apply to:
(a) controls on the export of logs of all species;
(b)
(i) measures under existing provisions of the Merchant Marine
Act of 1920, 46 App. U.S.C. § 883; the Passenger Vessel Act, 46 App. U.S.C.
§§ 289, 292, and 316; and 46 U.S.C. § 12108, to the extent that such measures were mandatory legislation at the time of the accession of the United States to the General Agreement on Tariffs and Trade 1947 (GATT 1947) and have not been amended so as to decrease their conformity with Part
II of the GATT 1947;
(ii) the continuation or prompt renewal of a non-conforming provision
of any statute referred to in clause (i); and
(iii) the amendment to a non-conforming provision of any statute
referred to in clause (i) to the extent that the amendment does not decrease the conformity of the provision with Articles 3.2 and 3.8;
(c) actions authorized by the Dispute Settlement Body of the WTO; and
(d) actions authorized by the Agreement on Textiles and Clothing.
Annex 3.3
Tariff Elimination
1. Except as otherwise provided in a Party’s Schedule to this Annex,
the following staging categories apply to the elimination of customs duties by each Party
pursuant to Article 3.3.2:
(a) duties on goods provided for in the items in staging category A in
a Party’s Schedule shall be eliminated entirely and such goods shall be
duty-free:
(i) for textile or apparel goods:
(A) as of January 1, 2004, with respect to those goods to which Article 3.20.1 applies; or
(B) with respect to any other such goods, on the date this Agreement enters into force; and
(ii) for all other goods, on the date this Agreement enters into force;
(b) duties on goods provided for in the items in staging category B in
a Party’s Schedule shall be removed in five equal annual stages beginning on the
date this Agreement enters into force, and such goods shall be duty-free,
effective January 1 of year five;
(c) duties on goods provided for in the items in staging category C in
a Party’s Schedule shall be removed in ten equal annual stages beginning on the
date this Agreement enters into force, and such goods shall be duty-free,
effective January 1 of year ten;
(d) duties on goods provided for in the items in staging category D in
a Party’s Schedule shall be removed in 15 equal annual stages beginning on the
date this Agreement enters into force, and such goods shall be duty-free,
effective January 1 of year 15;
(e) duties on goods provided for in the items in staging category E in
a Party’s Schedule shall remain at base rates for years one through six. Duties
on these goods shall be reduced by 8.25 percent of the base rate on January 1 of
year seven, and by an additional 8.25 percent of the base rate each year
thereafter through year ten. Beginning on January 1 of year 11, duties shall be
reduced by an additional 13.4 percent of the base rate annually through year 15,
and such goods shall be duty-free effective January 1 of year 15;
(f) duties on goods provided for in the items in staging category F in
a Party’s Schedule shall remain at base rates for years one through ten.
Beginning January 1 of year 11, duties shall be reduced in ten equal annual stages, and
such goods shall be duty-free effective January 1 of year 20;
(g) goods provided for in the items in staging category G in a Party’s
Schedule shall continue to receive duty-free treatment; and
(h) goods provided for in the items in staging category H in a Party’s
Schedule shall continue to receive most-favored-nation treatment.
2. The base rate of customs duty and staging category for determining
the interim rate of customs duty at each stage of reduction for an item are indicated for
the item in each Party’s Schedule.
3. For the purpose of the elimination of customs duties in accordance
with Article 3.3, interim staged rates shall be rounded down, at least to the nearest
tenth of a percentage point or, if the rate of duty is expressed in monetary units, at least to the
nearest 0.001 of the official monetary unit of the Party.
4. If this Agreement enters into force for a Central American Party or
the Dominican Republic as provided in Article 22.5.2 (Entry into Force), the Party
shall apply the rates of duty set out in its Schedule as if the Agreement had entered into force for
that Party on the date the Agreement entered into force as provided in Article 22.5.1 (Entry into
Force).
5. For purposes of this Annex and a Party’s Schedule, year one
means the year the Agreement enters into force as provided in Article 22.5.1 (Entry into
Force).
6. Notwithstanding paragraph 5, for purposes of the tariff treatment of
textile or apparel goods to which Article 3.20.1 applies, year one shall be the
year beginning January 1, 2004. Any Party that provides written notice under Article 3.20.2 shall apply
the rates of duty set out in its Schedule for textile or apparel goods as if the Agreement had
entered into force for that Party on January 1, 2004.
7. For purposes of this Annex and a Party’s Schedule, beginning in year
two, each annual stage of tariff reduction shall take effect on January 1 of the
relevant year.
Annex 3.3.4
Implementation of Modifications Approved by the Parties
to Accelerate the Elimination of Customs Duties
In the case of Costa Rica, agreements of the Parties under Article
3.3.4 will be equivalent to the instrument referred to in Article 121.4, third paragraph (protocolo
de menor rango) of the
Constitución Política de la República de Costa Rica.
Annex 3.3.616
1. Except as otherwise provided in this Annex:
(a) each Central American Party shall provide duty-free treatment to
any good imported directly from the territory of the Dominican Republic that
meets the rules of origin for the good set out in Chapter Four (Rules of Origin
and Origin Procedures); and
(b) the Dominican Republic shall provide duty-free treatment to any
good imported directly from the territory of a Central American Party that meets the
rules of origin for the good set out in Chapter Four (Rules of Origin and Origin Procedures).
2. Notwithstanding paragraph 1:
(a) each Central American Party may assess a duty of up to 15 percent
ad valorem on any good classified under tariff items 1507.90.00, 1508.90.00,
1509.90.00, 1510.00.00, 1511.90.90 (except palm stearin), 1512.19.00, 1512.29.00, 1513.19.00, 1513.29.00, 1514.19.00, 1514.99.00, 1515.19.00, 1515.29.00, 1515.30.00, 1515.40.00, 1515.50.00, 1515.90.10, 1515.90.20, 1515.90.90, 1516.10.00, 1516.20.10, 1516.20.90, 1517.10.00, 1517.90.10, 1517.90.20, 1517.90.90, or 1518.00.00 that is imported directly from the territory
of the Dominican Republic and that meets the rules of origin for the good set
out in Chapter Four (Rules of Origin and Origin Procedures); and
(b) the Dominican Republic may assess a duty of up to 15 percent ad
valorem on any good classified under tariff items 1507.90.00, 1508.90.00, 1509.90.00, 1510.00.00, 1511.90.00 (except palm stearin), 1512.19.00, 1512.29.00, 1513.19.00, 1513.29.10, 1513.29.20, 1514.91.00, 1514.99.00, 1515.19.00, 1515.29.00, 1515.30.00, 1515.40.00, 1515.50.00, 1515.90.90, 1516.10.00, 1516.20.00, 1517.10.00, 1517.90.00, 1518.00.10, or 1518.00.90 that is
imported directly from the territory of a Central American Party and that meets
the rules of origin for the good set out in Chapter Four (Rules of Origin and Origin Procedures).
3. Notwithstanding paragraph 1, for any good classified under heading
2710, except mineral solvents, 2712, 2713, except subheading 2713.20, or 2715 that meets the
rules of origin for the good set out in Chapter Four (Rules of Origin and Origin Procedures):
(a) each Central American Party shall eliminate duties on any such good
imported directly from the territory of the Dominican Republic as follows:
Duties on such goods shall remain at base rates for years one through five. Beginning
on January 1 of year six, duties shall be reduced by eight percent of the base
rate annually through year ten. Beginning on January 1 of year 11, duties shall be
reduced by an additional 12 percent of the base rate annually through year 14, and
such goods shall be duty-free effective January 1 of year 15; and
(b) the Dominican Republic shall eliminate duties on any such good
imported directly from the territory of a Central American Party as follows: Duties on
such goods shall remain at base rates for years one through five. Beginning on
January 1 of year six, duties shall be reduced by eight percent of the base rate
annually through year ten. Beginning on January 1 of year 11, duties shall be reduced by
an additional 12 percent of the base rate annually through year 14, and
such goods shall be duty-free effective January 1 of year 15.
4. Paragraph 1 shall not apply to any good listed in Appendix 3.3.6.4
that meets the rules of origin for the good set out in Chapter Four (Rules of Origin and Origin
Procedures).17
5. An importing Party may deny the preferential tariff treatment
provided for in paragraphs 1 through 3 of this Annex if the good is produced in a duty-free zone
or under another special tax or customs regime in the territory of a Central American Party or the
Dominican Republic, as the case may be, provided however that the importing Party shall provide to
any such good tariff treatment that is no less favorable than the tariff treatment it
applies to the good when produced in its own duty-free zones or other special tax or customs regimes and
entered into its territory.
6. The Central American Parties and the Dominican Republic may agree to
modify the rules of origin set out in Appendix 3.3.6 (Special Rules of Origin), provided
that they notify the United States and provide an opportunity for consultations regarding
the proposed modifications at least 60 days before concluding any such agreement.
7. For purposes of this Annex:
(a) any reference in Chapter Four (Rules of Origin and Origin
Procedures) to:
(i) a “Party” shall be understood to mean a Central American Party or
the Dominican Republic; and
(ii) “Annex 4.1” shall be understood to mean Appendix 3.3.6;
(b) each Central American Party shall provide that a good shall not
be considered to be imported directly from the territory of the
Dominican Republic if the good:
(i) undergoes subsequent production or any other operation outside
the territory of the Dominican Republic, other than unloading,
reloading, or any other operation necessary to preserve the good in
good condition or to transport the good to its territory; or
(ii) does not remain under the control of customs authorities in
the territory of the United States or a non-Party; and
(c) The Dominican Republic shall provide that a good shall not be
considered to be imported directly from the territory of a Central
American Party if the good:
(i) undergoes subsequent production or any other operation outside
the territory of the Central American Party, other than unloading,
reloading, or any other operation necessary to preserve the good in
good condition or to transport the good to its territory; or
(ii) does not remain under the control of customs authorities in
the territory of the United States or a non-Party.
Appendix 3.3.6.4
Exceptions from Preferential Tariff Treatment
| HS No. |
Description |
| 0207.11 |
Chicken |
| 0207.12 |
Chicken |
| 0207.13 |
Chicken |
| 0207.14 |
Chicken |
| 0402.10 |
Milk powder |
| 0402.21 |
Milk powder |
| 0402.29 |
Milk powder |
| 0703.10 |
Onions |
| 0703.20 |
Garlic |
| 0713.31 |
Beans |
| 0713.32 |
Beans |
| 0713.33 |
Beans |
| 0901.11 |
Coffee |
| 0901.12 |
Coffee |
| 0901.21 |
Coffee |
| 0901.22 |
Coffee |
| 1006.10 |
Rice |
| 1006.20 |
Rice |
| 1006.30 |
Rice |
| 1006.40 |
Rice |
| 1101.00 |
Wheat flour |
| 1701.11 |
Sugar |
| 1701.91 |
Sugar |
| 1701.99 |
Sugar |
| 2203 |
Beer |
| 2207 |
Alcohol |
| 2208 |
Alcohol |
| 2401.20 |
Tobacco |
| 2402.20 |
Tobacco (only goods containing rubio) |
| 2403.10 |
Tobacco |
Note:
The descriptions provided in this Appendix are for reference
purposes only.
Annex 3.11
Export Taxes
Costa Rica may maintain its existing taxes on the export of the
following goods:
(a) bananas, pursuant to Law No. 5515 of April 19, 1974 and its
amendment (Law No. 5538 of June 18, 1974), and Law No. 4895 of November 16, 1971 and
its amendments (Law No. 7147 of April 30, 1990 and Law No. 7277 of December 17, 1991);
(b) coffee, pursuant to Law No. 2762 of June 21, 1961 and its amendment
(Law No. 7551 of September 22, 1995); and
(c) meat, pursuant to Law No. 6247 of May 2, 1978 and Law No. 7837 of
October 5, 1998.
Annex 3.15
Agricultural Safeguard Measures
General Notes
1. For each good listed in a Party’s Schedule to this Annex for which
the agricultural safeguard trigger level is set out in that Schedule as a percentage of
the applicable tariff-rate quota (TRQ), the trigger level in any year shall be determined by
multiplying the in-quota quantity for that good for that year, as set out in Appendix I or, if
applicable, Appendix II or III to the Party’s Schedule to Annex 3.3, by the applicable percentage. For
each good listed in a Party’s Schedule to this Annex for which the trigger level is set out
as a fixed initial amount in the Party’s Schedule, the trigger level set out in the Schedule shall
be the trigger level in year one. The trigger level in any subsequent year shall be determined by
adding to that amount the quantity derived by applying the applicable simple annual trigger
growth rate to that amount. For purposes of this Annex, the term “year one” shall have the meaning
given to that term in Annex 3.3.
2. For purposes of this Annex, prime and choice beef shall mean
prime and choice grades of beef as defined in the United States Standards for Grades of Carcass
Beef, promulgated pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. §§
1621-1627), as amended.
3.
(a) Costa Rica and the Dominican Republic shall conclude
negotiations on the agricultural safeguard trigger levels to be applied to originating
goods classified under tariff items 0207.13.91 and 0207.14.91 and subheadings 0402.10,
0402.21, and 0402.29 that are imported directly into the territory of Costa Rica
from the territory of the Dominican Republic no later than one year after the
date on which this Agreement enters into force with respect to Costa Rica and the
Dominican Republic and any agreed trigger levels shall form part of this Annex.18
(b) At the expiration of the one-year period, if Costa Rica and the
Dominican Republic have not reached an agreement with respect to the agricultural
safeguard trigger levels for goods classified under the tariff items and
subheadings listed in subparagraph (a), Costa Rica may apply an agricultural safeguard
trigger level for such goods in an amount equivalent to 130 percent of the in-quota
quantity of the applicable tariff-rate quota set out in Appendix II of Costa Rica’s
General Notes to Annex 3.3.
4.
(a) Costa Rica and the Dominican Republic shall conclude
negotiations on the agricultural safeguard trigger levels to be applied to originating
goods classified under tariff items 0207.13.91 and 0207.14.91 and subheadings 0402.10,
0402.21, and 0402.29 that are imported directly into the territory
of the Dominican Republic from the territory of Costa Rica no later
than one year after the date on which this Agreement enters into force with respect to Costa Rica and
the Dominican Republic and any agreed trigger levels shall form part of
this Annex.19
(b) At the expiration of the one-year period, if Costa Rica and the
Dominican Republic have not reached an agreement with respect to the agricultural
safeguard trigger levels for goods classified under the tariff items and
subheadings listed in subparagraph (a), the Dominican Republic may apply an agricultural
safeguard trigger level for such goods in an amount equivalent to 130 percent of
the in-quota quantity of the applicable tariff-rate quota set out in Appendix II of
the Dominican Republic’s General Notes to Annex 3.3.
5.
(a) The Dominican Republic and Nicaragua shall conclude negotiations
on the agricultural safeguard trigger levels to be applied to originating
goods classified under tariff items 0207.13.91 and 0207.14.91 that are imported directly
into the territory of Nicaragua from the territory of the Dominican Republic no
later than one year after the date on which this Agreement enters into force with
respect to the Dominican Republic and Nicaragua and any agreed trigger levels
shall form part of this Annex.20
(b) At the expiration of the one-year period, if the Dominican Republic
and Nicaragua have not reached an agreement with respect to the
agricultural safeguard trigger levels for goods classified under the tariff items
listed in subparagraph (a), Nicaragua may apply an agricultural safeguard trigger
level for such goods in an amount equivalent to 130 percent of the in-quota
quantity of the applicable tariff-rate quota set out in Appendix II of Nicaragua’s
General Notes to Annex 3.3.
6.
(a) The Dominican Republic and Nicaragua shall conclude negotiations
on the agricultural safeguard trigger levels to be applied to originating
goods classified under tariff items 0207.13.91 and 0207.14.91 that are imported directly
into the territory of the Dominican Republic from the territory of Nicaragua no
later than one year after the date on which this Agreement enters into force with
respect to the Dominican Republic and Nicaragua and any agreed trigger levels
shall form part of this Annex.21
(b) At the expiration of the one-year period, if the Dominican Republic
and Nicaragua have not reached an agreement with respect to the
agricultural safeguard trigger levels for goods classified under the tariff items
listed in subparagraph (a), the Dominican Republic may apply an agricultural
safeguard trigger level for such goods in an amount equivalent to 130 percent of
the in-quota quantity of the applicable tariff-rate quota set out in Appendix III of
the Dominican Republic’s General Notes to Annex 3.3.
7. For purposes of this Annex:
Central America or Dominican Republic good
shall mean a good that
satisfies the requirements of Chapter Four (Rules of Origin and Origin Procedures),
except that operations performed in or material obtained from the United States shall be
considered as if the operations were performed in a non-Party and the material was obtained from a
non-Party; and
United States good shall mean a good that satisfies the
requirements of Chapter Four (Rules of Origin and Origin Procedures), except a good produced entirely in and
exclusively of materials obtained from the territory of a Central American Party, the Dominican
Republic, or a non-Party.
Schedule of Costa Rica
Subject Goods and Trigger Levels
1. For purposes of paragraphs 1 and 2 of Article 3.15, United States
goods that may be subject to an agricultural safeguard measure and the trigger level for each
such good are set out below:
| Good
|
Tariff Classification
|
Trigger Level
|
Annual Trigger Growth Rate |
| Beef |
02011000, 02012000, 02013000, 02021000, 02022000,
02023000 |
150 MT
|
10% |
| Pork |
02031100, 02031200, 02031900, 02032100, 02032200,
02032900 |
140% of TRQ |
|
| Chicken Leg Quarters |
02071399, 02071499
|
130% of TRQ |
|
| Liquid Dairy |
04011000, 04012000, 04013000
|
50 MT |
10% |
| Milk Powder
|
04021000, 04022111, 04022112, 04022121, 04022122,
04022900 |
130% of TRQ |
|
| Butter and Dairy Spreads
|
04051000, 04052000
|
130% of TRQ |
|
| Cheese
|
04061000, 04062090, 04063000, 04069010, 04069020,
04069090 |
130% of TRQ |
|
| Ice Cream |
21050000 |
130% of TRQ |
|
| Others Dairy Products |
04029990, 22029090
|
130% of TRQ |
|
| Tomatoes |
07020000 |
50 MT
|
10% |
| Carrots |
07061000 |
50 MT
|
10% |
| Sweet Peppers |
07096010
|
50 MT
|
10% |
| Potatoes |
07101000 |
50 MT |
10% |
| Beans |
07133200, 07133310, 07133390, 07133990
|
1,200 MT |
10% |
| White Corn |
10059030 |
9,000 MT |
10% |
| Rough Rice |
10061090 |
110% of TRQ |
|
| Milled Rice |
10062000, 10063010, 10063090, 10064000
|
110% of TRQ |
|
| Vegetable Oil |
15079000, 15121900, 15122900, 15152900, 15162090,
15171000, 15179010, 15179090 |
1,178 MT
|
5% |
| High Fructose Corn Syrup
|
17023020, 17024000, 17026000, 17029090
|
50 MT
|
10% |
Additional Import Duty
2. For purposes of paragraph 3 of Article 3.15, the additional import
duty shall be:
(a) For sweet peppers as listed in this Schedule:
(i) in years one through four, less than or equal to 100 percent of the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa
Rica to Annex 3.3;
(ii) in years five through eight, less than or equal to 75 percent of
the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa
Rica to Annex 3.3; and
(iii) in years nine through 11, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3.
(b) For vegetable oil and pork as listed in this Schedule: (i) in years one through nine, less than or equal to 100 percent of the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa
Rica to Annex 3.3;
(ii) in years ten through 12, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3; and
(iii) in years 13 and 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3.
(c) For beef other than prime and choice beef as listed in this
Schedule:
(i) in years one through eight, less than or equal to 100 percent of
the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa
Rica to Annex 3.3;
(ii) in years nine through 11, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3; and
(iii) in years 12 through 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3.
(d) For chicken leg quarters as listed in this Schedule:
(i) in years one through 13, less than or equal to 100 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3;
(ii) in years 14 and 15, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3; and
(iii) in year 16, less than or equal to 50 percent of the difference
between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3.
(e) For rice as listed in this Schedule:
(i) in years one through 13, less than or equal to 100 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3;
(ii) in years 14 through 16, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3; and
(iii) in years 17 through 19, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3.
(f) For liquid dairy, cheese, butter, milk powder, ice cream, and other
dairy goods as listed in this Schedule:
(i) in years one through 14, less than or equal to 100 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3;
(ii) in years 15 through 17, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3; and
(iii) in years 18 and 19, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3.
(g) For goods listed in this Schedule and not specified in
subparagraphs (a) through (f):
(i) in years one through five, less than or equal to 100 percent of the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa
Rica to Annex 3.3;
(ii) in years six through ten, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3; and
(iii) in years 11 through 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3.
Schedule of the Dominican Republic
Subject Goods and Trigger Levels
1. For purposes of paragraphs 1 and 2 of Article 3.15, United States
goods that may be subject to an agricultural safeguard measure and the trigger level for each
such good are set out below:
|
Good |
Tariff Classification |
Trigger Level |
Annual Trigger Growth Rate |
|
Pork Cuts |
02031100, 02031200, 02031900, 02032100, 02032200,
02032910, 02032990 |
130% of TRQ |
|
| Chicken Leg Quarters
|
02071492 |
130% of TRQ |
|
| Turkey
|
02072612, 02072710, 02072792, 02072793
|
130% of TRQ |
|
| Milk Powder
|
04021000, 04021090, 04022110, 04022190, 04022910,
04022990 |
130% of TRQ |
|
| Mozzarella Cheese
|
04061010 |
130% of TRQ |
|
| Cheddar Cheese
|
04069020
|
130% of TRQ |
|
| Other Cheeses
|
04061090, 04062000, 04063000, 04064000, 04069010,
04069030, 04069090 |
130% of TRQ |
|
| Beans |
07133100, 07133200, 07133300
|
130% of TRQ |
|
| Fresh Potatoes
|
07019000
|
300 MT |
10% |
| Onions
|
07031000
|
750 MT |
10% |
| Garlic
|
07032000
|
50 MT |
10% |
| Rough & Broken Rice
|
10061000, 10064000 |
700 MT |
10% |
| Brown Rice
|
10062000
|
130% of TRQ |
|
| Milled Rice
|
10063000
|
130% of TRQ |
|
| Glucose
|
17023021
|
130% of TRQ |
|
| Vegetable Oil
|
15079000, 15122900, 15152900, 15171000
|
3,200 MT |
10% |
| High Fructose Corn Syrup
|
17025000, 17026010, 17026021, 17026029
|
50 MT |
10% |
Additional Import Duty
2. For purposes of paragraph 3 of Article 3.15, the additional import
duty shall be:
(a) For cheddar cheese, beans, onions, garlic, high fructose corn
syrup, and vegetable oil as listed in this Schedule:
(i) in years one through five, less than or equal to 100 percent of the difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3;
(ii) in years six through ten, less than or equal to 75 percent of the
difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3; and
(iii) in years 11 through 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3.
(b) For turkey meat, fresh potatoes, and glucose as listed in this
Schedule:
(i) for years one through four, less than or equal to 100 percent of
the difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3;
(ii) for years five through eight, less than or equal to 75 percent of
the difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3; and
(iii) for years nine through 11, less than or equal to 50 percent of
the difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3.
(c) For pork cuts as listed in this Schedule:
(i) for years one through nine, less than or equal to 100 percent of
the difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3;
(ii) for years ten through 12, less than or equal to 75 percent of the
difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3; and
(iii) for years 13 and 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3.
(d) For chicken leg quarters, mozzarella cheese, milk powder, and rice
as listed in this Schedule:
(i) for years one through 14, less than or equal to 100 percent of the difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3;
(ii) for years 15 through 17, less than or equal to 75 percent of the
difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3; and
(iii) for years 18 and 19, less than or equal to 50 percent of the
difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3.
(e) For other cheese as listed in this Schedule:
(i) for years one through four, less than or equal to 100 percent of
the difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3;
(ii) for years five through seven, less than or equal to 75 percent of
the difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3; and
(ii) for years eight and nine, less than or equal to 50 percent of the
difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3.
Schedule of El Salvador
Subject Goods and Trigger Levels
1. For purposes of paragraphs 1 and 2 of Article 3.15, United States
goods that may be subject to an agricultural safeguard measure and the trigger level for
each such good are set out below:
| Good |
Tariff Classification |
Trigger Level
|
Annual Trigger Growth Rate |
| Chicken Leg Quarters
|
02071399, 02071499, 16023200
|
130% of TRQ |
|
| Liquid Dairy |
04011000, 04012000, 04013000
|
130% of TRQ |
|
| Milk Powder |
04021000, 04022111, 04022112, 04022121,
04022122, 04022900 |
130% of TRQ |
|
| Buttermilk, Curdled Cream and Yogurt
|
04031000, 04039010, 04039090
|
130% of TRQ |
|
| Butter |
04051000, 04052000, 04059090
|
130% of TRQ |
|
| Cheese |
04061000, 04062090, 04063000, 04069010,
04069020, 04069090 |
130% of TRQ |
|
| Ice Cream |
21050000 |
130% of TRQ |
|
| Other Dairy Products
|
21069020 |
130% of TRQ |
|
| Pork |
02031100, 02031200, 02031900, 02032100,
02032200, 02032900 |
130% of TRQ |
|
| Rough Rice |
10061090 |
110% of TRQ |
|
| Milled Rice |
10062000, 10063010, 10063090, 10064000
|
110% of TRQ |
|
| Parboiled Rice |
1006 |
110% of TRQ |
|
| Beans |
07133200, 07133390, 07133310
|
60 MT |
10% |
| Sorghum |
10070090 |
110% of TRQ |
|
| Vegetable Oil |
15079000, 15122900, 15152900, 15162090,
15121900 |
8,000 MT |
5% |
| Canned Meat |
16010010, 16010030, 16010080, 16010090,
16024990 |
400 MT |
10% |
| High Fructose Corn Syrup
|
17023020, 17024000, 17025000, 17026000
|
75 MT |
10% |
Additional Import Duty
2. For purposes of paragraph 3 of Article 3.15, the additional import
duty shall be:
(a) For liquid dairy, milk powder, butter, cheese, ice cream, other
dairy products, buttermilk, curdled cream and yogurt goods as listed in this Schedule:
(i) in years one through 14, less than or equal to 100 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El Salvador to Annex 3.3;
(ii) in years 15 through 17, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El Salvador to Annex 3.3; and
(iii) in years 18 and 19, less than or equal to 50 percent of the
difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El Salvador to Annex 3.3.
(b) For rough rice, milled rice, parboiled rice and chicken leg
quarters as listed in this Schedule:
(i) in years one through 13, less than or equal to 100 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El Salvador to Annex 3.3;
(ii) in years 14 and 15, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El Salvador to Annex 3.3; and
(iii) in years 16 and 17, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El Salvador to Annex 3.3;
(c) For pork as listed in this Schedule:
(i) in years one through nine, less than or equal to 100 percent of the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El
Salvador to Annex 3.3;
(ii) in years ten through 12, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El Salvador to Annex 3.3; and
(iii) in years 13 and 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El Salvador to Annex 3.3.
(d) For vegetable oil and canned meat as listed in this Schedule that
are subject to duty elimination under staging category N:
(i) in years one through four, less than or equal to 100 percent of the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El
Salvador to Annex 3.3;
(ii) in years five through eight, less than or equal to 75 percent of
the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El
Salvador to Annex 3.3; and
(iii) in years nine through 11, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El Salvador to Annex 3.3.
(e) For goods listed in this Schedule and not specified in
subparagraphs (a) through (d):
(i) in years one through five, less than or equal to 100 percent of the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El
Salvador to Annex 3.3;
(ii) in years six through ten, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El Salvador to Annex 3.3; and
(iii) in years 11 through 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of El Salvador to Annex 3.3.
Schedule of Guatemala
Subject Goods and Trigger Levels
1. For purposes of paragraphs 1 and 2 of Article 3.15, United States
goods that may be subject to an agricultural safeguard measure and the trigger level for
each such good are set out below:
| Good |
Tariff Classification
|
Trigger Level
|
Annual Trigger Growth Rate |
| Chicken Leg Quarters
|
02071399, 02071499, 16023200
|
130% of TRQ |
|
| Liquid Dairy |
04011000, 04012000
|
50 MT |
10% |
| Cheese |
04061000, 04062090, 04063000, 04069010,
04069020, 04069090 |
130% of TRQ |
|
| Milk Powder |
04021000, 04022111, 04022112, 04022121,
04022122, 04022900, 04039010, 04039090 |
130% of TRQ |
|
| Butter |
04051000, 0405200, 04059090, 04013000
|
130% of TRQ |
|
| Ice Cream |
21050000 |
130% of TRQ |
|
| Other Dairy Products
|
22029090 |
130% of TRQ |
|
| Pork |
02031100, 02031200, 02031900, 02032100,
02032200, 02032900 |
130% of TRQ |
|
| Rough Rice |
10061090 |
110% of TRQ |
|
| Milled Rice |
10062000, 10063010, 10063090, 10064000
|
110% of TRQ |
|
| Whole Beans |
07133310 |
50 MT |
5% |
| Vegetable Oil |
15162090, 15162010, 15152900, 15122900,
15121900, 15079000 |
2,600 MT |
5% |
| Pimientos |
07096010 |
25MT |
10% |
| Fresh Tomatoes |
07020000 |
150MT |
10% |
| High Fructose Corn Syrup
|
17026000 |
50MT |
10% |
| Fresh Potatoes |
07019000
|
350MT
|
10% |
| Onions |
07031012 |
64 MT |
10% |
Additional Import Duty
2. For purposes of paragraph 3 of Article 3.15, the additional import
duty shall be:
(a) For liquid dairy, cheese, milk powder, butter and ice cream goods
as listed in this Schedule:
(i) in years one through 14, less than or equal to 100 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3;
(ii) in years 15 through 17, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Guatemala to
Annex 3.3; and
(iii) in years 18 and 19, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3.
(b) For chicken leg quarters, rough rice, and milled rice as listed in
this Schedule:
(i) in years one through 13, less than or equal to 100 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3;
(ii) in years 14 and 15, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3; and
(iii) in years 16 and 17, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3.
(c) For pork, fresh potatoes, high fructose corn syrup and vegetable
oil as listed in this Schedule that are subject to duty elimination under staging
category D:
(i) in years one through five, less than or equal to 100 percent of the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of
Guatemala to Annex 3.3;
(ii) in years six through ten, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3; and
(iii) in years 11 through 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3.
(d) For whole beans as listed in this Schedule:
(i) in years one through nine, less than or equal to 100 percent of the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of
Guatemala to Annex 3.3;
(ii) for years ten through 12, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3; and
(iii) for years 13 and 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3.
(e) For pimientos, onions, tomatoes, vegetable oil, and other dairy
goods as listed in this Schedule that are subject to duty elimination under staging
category C:
(i) in years one through four, less than or equal to 100 percent of the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of
Guatemala to Annex 3.3;
(ii) in years five through seven, less than or equal to 75 percent of
the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of
Guatemala to Annex 3.3; and
(iii) in years eight and nine, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3.
Schedule of Honduras
Subject Goods and Trigger Levels
1. For purposes of paragraphs 1 and 2 of Article 3.15, United States
goods that may be subject to an agricultural safeguard measure and the trigger level for
each such good are set out below:
| Good
|
Tariff Classification |
Trigger Level
|
Annual Trigger Growth
Rate |
| Pork |
02031100, 02031200,
02031900, 02032100, 02032200, 02032900 |
130% of TRQ |
|
| Chicken Leg Quarters
|
02071399, 02071499,
16023200 |
130% of TRQ |
|
| Liquid Dairy
|
04011000, 04012000,
04013000 |
50 MT |
10% |
| Milk Powder
|
04021000, 04022111,
04022112, 04022121, 04022122, 04022900 |
130% of TRQ |
|
| Butter
|
04051000 04052000,
04059090 |
130% of TRQ |
|
| Cheese
|
04061000, 04062090,
04063000, 04069010, 04069020, 04069090 |
130% of TRQ |
|
| Ice Cream
|
21050000
|
130% of TRQ |
|
| Other Dairy Products
|
22029090
|
130% of TRQ |
|
| Rough rice
|
10061090
|
110% of TRQ |
|
| Milled rice
|
10061020, 10063010,
10063090, 10064010, 10064090 |
110% of TRQ |
|
| Onions
|
07031011, 07031012
|
480 MT
|
10% |
| Wheat Flour
|
11010000
|
210 MT
|
10% |
| Vegetable Oil
|
15079000, 15121900,
15122900, 15152900, 15162090, 15171000, 15179010, 15179090 |
3,500 MT
|
5% |
| Processed Meat
|
16010090
|
140 MT
|
10% |
| High Fructose Corn Syrup
|
17023020, 17024000,
17026000 |
214 MT
|
10% |
Additional Import Duty
2. For purposes of paragraph 3 of Article 3.15, the additional import
duty shall be:
(a) For pork as listed in this Schedule:
(i) in years one through nine, less than or equal to 100 percent of the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of
Honduras to Annex 3.3;
(ii) in years ten through 12, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Honduras to
Annex 3.3; and
(iii) in years 13 and 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Honduras to
Annex 3.3.
(b) For chicken leg quarters, rough rice, and milled rice as listed in
this Schedule:
(i) in years one through 13, less than or equal to 100 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Honduras to Annex 3.3;
(ii) in years 14 and 15, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Honduras to
Annex 3.3; and
(iii) in years 16 and 17, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Honduras to
Annex 3.3.
(c) For liquid dairy, milk powder, butter, cheese, other dairy goods,
and ice cream as listed in this Schedule:
(i) in years one through 14, less than or equal to 100 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Honduras to
Annex 3.3;
(ii) in years 15 through 17, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Honduras to
Annex 3.3; and
(iii) in years 18 and 19, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Honduras to
Annex 3.3.
(d) For onions, wheat flour, vegetable oil, processed meat, and high
fructose corn syrup goods as listed in this Schedule:
(i) in years one through five, less than or equal to 100 percent of the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of
Honduras to Annex 3.3;
(ii) in years six through ten, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Honduras to
Annex 3.3; and
(iii) in years 11 through 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Honduras to
Annex 3.3.
Schedule of Nicaragua
Subject Goods and Trigger Levels
1. For purposes of paragraphs 1 and 2 of Article 3.15, United States
goods that may be subject to an agricultural safeguard measure and the trigger level for
each such good are set out below:
| Good |
Tariff Classification
|
Trigger Level
|
Annual Trigger Growth Rate |
| Beef |
02011000, 02012000, 02013000,
02021000, 02022000, 02023000 |
300 MT |
10% |
| Chicken Leg Quarters
|
02071399, 02071499, 16023200
|
130% of TRQ |
|
| Liquid Dairy |
0401100011, 0401100019, 0401100020,
0401200011, 0401200019, 0401200020, 0401300011, 0401300019,
0401300020 |
50 MT |
10% |
| Milk Powder |
04021000, 04022111, 04022112,
04022121, 04022122, 04022900 |
130% of TRQ |
|
| Butter |
04051000, 04052000
|
130% of TRQ |
|
| Cheese |
04061000, 04062090, 04063000,
04064000, 04069010, 04069020, 04069090 |
130% of TRQ |
|
| Ice Cream |
21050000 |
130% of TRQ |
|
| Other Dairy Products
|
1901909091, 1901909099, 22029090
|
130% of TRQ |
|
| Onions |
07031011, 07031012
|
450 MT |
10% |
| Beans |
07133200 |
700 MT |
10% |
| Yellow corn |
10059020 |
115% of TRQ |
|
| Rough rice |
10061090 |
110% of TRQ |
|
| Milled rice |
10062000, 10063010, 10063090, 10064000
|
110% of TRQ |
|
| Sorghum |
10070090 |
1,000 MT
|
10% |
| High Fructose Corn Syrup
|
17023020, 17024000, 17025000, 17026000
|
75 MT |
10% |
Additional Import Duty
2. For purposes of paragraph 3 of Article 3.15, the additional import
duty shall be:
(a) For beef other than prime and choice beef as listed in this
Schedule:
(i) in years one through seven, less than or equal to 100 percent of
the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of
Nicaragua to Annex 3.3;
(ii) in years eight through 11, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Nicaragua to
Annex 3.3; and
(iii) in years 12 through 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Nicaragua to
Annex 3.3.
(b) For chicken leg quarters, rough rice, and milled rice as listed in
this Schedule:
(i) in years one through 13, less than or equal to 100 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Nicaragua to
Annex 3.3;
(ii) in years 14 and 15, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Nicaragua to
Annex 3.3; and
(iii) in years 16 and 17, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Nicaragua to
Annex 3.3.
(c) For liquid dairy, milk powder, butter, cheese, other dairy goods,
and ice cream as listed in this Schedule:
(i) in years one through 14, less than or equal to 100 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Nicaragua to
Annex 3.3;
(ii) in years 15 through 17, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Nicaragua to
Annex 3.3; and
(iii) in years 18 and 19, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Nicaragua to
Annex 3.3.
(d) For onions, beans, and high fructose corn syrup goods as listed in
this Schedule:
(i) in years one through five, less than or equal to 100 percent of the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of
Nicaragua to Annex 3.3;
(ii) in years six through ten, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Nicaragua to
Annex 3.3; and
(iii) in years 11 through 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Nicaragua to
Annex 3.3.
(e) For yellow corn and sorghum as listed in this Schedule:
(i) in years one through nine, less than or equal to 100 percent of the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of
Nicaragua to Annex 3.3;
(ii) in years ten through 12, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Nicaragua to
Annex 3.3; and
(iii) in years 13 and 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of Nicaragua to
Annex 3.3.
Schedule of the United States
Subject Goods and Trigger Levels
1. For purposes of paragraphs 1 and 2 of Article 3.15, Central America
or Dominican Republic goods that may be subject to an agricultural safeguard measure
and the trigger level for each such good are set out below:22
| Good |
Tariff Classification
|
Trigger Level |
| Cheese |
04061008, 04061018, 04061028,
04061038, 04061048, 04061058, 04061068, 04061078, 04061088,
04062028, 04062033, 04062039, 04062048, 04062053, 04062063,
04062067, 04062071, 04062075, 04062079, 04062083, 04062087,
04062091, 04063018, 04063028, 04063038, 04063048, 04063053,
04063063, 04063067, 04063071, 04063075, 04063079, 04063083,
04063087, 04063091, 04064070, 04069012, 04069018, 04069032,
04069037, 04069042, 04069048, 04069054, 04069068, 04069074,
04069078, 04069084, 04069088, 04069092, 04069094, 04069097 19019036
|
130% of TRQ |
| Butter |
04013075, 04022190, 04039065,
04039078, 04051020, 04052030, 04059020, 21069026, 21069036 |
130% of TRQ |
| Ice Cream |
21050020 |
130% of TRQ |
| Fluid Fresh and Sour Cream
|
04013025, 04039016
|
130% of TRQ |
|
Other Dairy |
04022950, 04029170, 04029190, 04029945,
04029955, 04029990, 04031050, 04039095, 04041015, 04049050,
04052070, 15179060, 17049058, 18062026, 18062028, 18062036,
18062038, 18062082, 18062083, 18062087, 18062089, 18063206,
18063208, 18063216, 18063218, 18063270, 18063280, 18069008,
18069010, 18069018, 18069020, 18069028, 18069030, 19011030,
19011040, 19011075, 19011085, 19012015, 19012050, 19019043,
19019047, 21050040, 21069009, 21069066, 21069087, 22029028 |
130% of TRQ |
|
Peanut Butter
|
20081115 |
130% of TRQ |
|
Peanuts |
12021080, 12022080, 20081135, 20081160 |
130% of TRQ |
Additional Import Duty
2. For purposes of paragraph 3 of Article 3.15, the additional import
duty shall be:
(a) For cheese, butter, ice cream, fluid fresh and sour cream, and
other dairy goods as listed in this Schedule:
(i) in years one through 14, less than or equal to 100 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the United
States to Annex 3.3;
(ii) in years 15 through 17, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the United
States to Annex 3.3; and
(iii) in years 18 and 19, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the United
States to Annex 3.3.
(b) For peanuts and peanut butter goods as listed in this Schedule:
(i) in years one through five, less than or equal to 100 percent of the difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the
United States to Annex 3.3;
(ii) in years six through ten, less than or equal to 75 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the United
States to Annex 3.3; and
(iii) in years 11 through 14, less than or equal to 50 percent of the
difference between the appropriate MFN rate of duty as determined under Article 3.15.1 and the applicable tariff rate in the Schedule of the United
States to Annex 3.3.
Annex 3.22
Elimination of Existing Quantitative Restrictions
| 1. |
For Costa Rica: |
|
| |
Category 340/640: |
Cotton and man-made fiber shirts, for men and boys |
| |
Category 342/642: |
Cotton and man-made fiber skirts |
|
Category 347/348: |
Cotton trousers, breeches, and shorts |
| |
Category 443: |
Wool suits, for men and boys |
| |
Category 447: |
Wool trousers, for men and boys |
2. |
For the Dominican Republic: |
| |
Category 338/638: |
Knit fabric, cotton, and man-made fiber shirts, for men and boys |
| |
Category 339/639: |
Knit fabric, cotton, and man-made
fiber shirts, for women and girls |
| |
Category 340/640:
|
Cotton and man-made fiber shirts, for
men and boys |
| |
Category 342/642: |
Cotton and man-made fiber skirts |
| |
Category 347/348:
|
Cotton trousers, breeches, and shorts |
| |
Category 351/651: |
Cotton and man-made fiber nightwear |
| |
Category 433: |
Wool suits, for men and boys |
| |
Category 442: |
Wool skirts |
| |
Category 443: |
Wool suits, for men and boys |
| |
Category 444: |
Wool suits, for women and girls |
| |
Category 448: |
Wool trousers, for women and girls |
| |
Category 633: |
Man-made fiber suits, for men and boys |
| |
Category 647/648:
|
Man-made fiber trousers, breeches, and
shorts |
3. |
For El Salvador: |
|
| |
Category 340/640: |
Cotton and man-made fiber shirts, for men and boys |
4. |
For Guatemala: |
|
| |
Category 340/640: |
Cotton and man-made fiber shirts, for men and boys |
| |
Category 347/348:
|
Cotton trousers, breeches, and shorts |
| |
Category 351/651:
|
Cotton and man-made fiber nightwear |
| |
Category 443: |
Wool suits, for men and boys |
| |
Category 448: |
Wool trousers, for women and girls |
Annex 3.25
Short Supply List
| 1 |
Velveteen fabrics classified in
subheading 5801.23. |
| 2 |
Corduroy fabrics classified in
subheading 5801.22, containing 85 percent or more by weight of
cotton and containing more than 7.5 wales per centimeter. |
| 3 |
Fabrics classified in subheading
5111.11 or 5111.19, if hand-woven, with a loom width of less than 76
centimeter, woven in the United Kingdom in accordance with the rules
and regulations of the Harris Tweed Association, Ltd., and so
certified by the Association. |
| 4 |
Fabrics classified in subheading
5112.30, weighing not more than 340 grams per square meter,
containing wool, not less than 20 percent by weight of fine animal
hair and not less than 15 percent by weight of man-made staple
fibers. |
| 5 |
Batiste fabrics classified in
subheading 5513.11 or 5513.21, of square construction, of single
yarns exceeding 76 metric count, containing between 60 and 70 warp
ends and filling picks per square centimeter, of a weight not
exceeding 110 grams per square meter. |
| 6 |
Fabrics classified in subheading
5208.21, 5208.22, 5208.29, 5208.31, 5208.32, 5208.39, 5208.41,
5208.42, 5208.49, 5208.51, 5208.52, or 5208.59, of average yarn
number exceeding 135 metric. |
| 7 |
Fabrics classified in subheading
5513.11 or 5513.21, not of square construction, containing more than
70 warp ends and filling picks per square centimeter, of average
yarn number exceeding 70 metric. |
| 8 |
Fabrics classified in subheading
5210.21 or 5210.31, not of square construction, containing more than
70 warp ends and filling picks per square centimeter, of average
yarn number exceeding 70 metric. |
| 9 |
Fabrics classified in subheading
5208.22 or 5208.32, not of square construction, containing more than
75 warp ends and filling picks per square centimeter, of average
yarn number exceeding 65 metric. |
| 10 |
Fabrics classified in subheading
5407.81, 5407.82, or 5407.83, weighing less than 170 grams per
square meter, having a dobby weave created by a dobby attachment. |
| 11 |
Fabrics classified in subheading
5208.42 or 5208.49, not of square construction, containing more than
85 warp ends and filling picks per square centimeter, of average
yarn number exceeding 85 metric. |
| 12 |
Fabrics classified in subheading
5208.51, of square construction, containing more than 75 warp ends
and filling picks per square centimeter, made with single yarns, of
average yarn number equal to or exceeding 95 metric. |
| 13 |
Fabrics classified in subheading
5208.41, of square construction, with a gingham pattern, containing
more than 85 warp ends and filling picks per square centimeter, made
with single yarns, of average yarn number equal to or exceeding 95
metric, and characterized by a check effect produced by the
variation in color of the yarns in the warp and filling. |
| 14 |
Fabrics classified in subheading
5208.41, with the warp colored with vegetable dyes, and the filling
yarns white or colored with vegetable dyes, of average yarn number
exceeding 65 metric. |
| 15 |
Circular knit fabric, wholly of cotton
yarns, exceeding 100 metric number per single yarn, classified in
tariff item 6006.21.aa, 6006.22.aa, 6006.23.aa, or 6006.24.aa. |
| 16 |
100% polyester crushed panne velour
fabric of circular knit construction classified in tariff item
6001.92.aa. |
| 17 |
Viscose rayon yarns classified in
subheading 5403.31 or 5403.32. |
| 18 |
Yarn of combed cashmere, combed
cashmere blends, or combed camel hair classified in tariff item
5108.20.aa. |
| 19 |
Two elastomeric fabrics used in
waistbands, classified in tariff item 5903.90.bb: (1) a knitted
outer-fusible material with a fold line that is knitted into the
fabric. The fabric is a 45 millimeter wide base substrate, knitted
in narrow width, synthetic fiber based (made of 49% polyester/43%
elastomeric filament/8% nylon with a weight of 4.4 ounces, a 110/110
stretch, and a dull yarn), stretch elastomeric material with an
adhesive (thermoplastic resin) coating. The 45 millimeter width is
divided as follows: 34 millimeter solid, followed by a 3 millimeter
seam allowing it to fold over, followed by 8 millimeter of solid;
(2) a knitted inner-fusible material with an adhesive (thermoplastic
resin) coating that is applied after going through a finishing
process to remove all shrinkage from the product. The fabric is a 40
millimeter synthetic fiber based, stretch elastomeric fusible
consisting of 80% nylon type 6 and 20% elastomeric filament with a
weight of 4.4 ounces, a 110/110 stretch, and a dull yarn. |
| 20 |
Fabrics classified in subheading
5210.21 or 5210.31, not of square construction, containing more than
70 warp ends and filling picks per square centimeter, of average
yarn number exceeding 135 metric. |
| 21 |
Fabrics classified in subheading
5208.22 or 5208.32, not of square construction, containing more than
75 warp ends and filling picks per square centimeter, of average
yarn number exceeding 135 metric. |
| 22 |
Fabrics classified in subheading
5407.81, 5407.82, or 5407.83, weighing less than 170 grams per
square meter, having a dobby weave created by a dobby attachment of
average yarn number exceeding 135 metric. |
| 23 |
Cuprammonium rayon filament yarn
classified in subheading 5403.39. |
| 24 |
Fabrics classified in subheading
5208.42 or 5208.49, not of square construction, containing more than
85 warp ends and filling picks per square centimeter, of average
yarn number exceeding 85 metric, of average yarn number exceeding
135 metric if the fabric is Oxford construction. |
| 25 |
Single ring-spun yarn of yarn numbers
51 and 85 metric, containing 50 percent or more, but less than 85
percent, by weight of 0.9 denier or finer micro modal fiber, mixed
solely with U.S. origin extra long pima cotton, classified in
subheading 5510.30. |
| 26 |
Tow of viscose rayon classified in
heading 55.02. |
| 27 |
100 percent cotton woven flannel
fabrics, single ring-spun yarns of different colors, of yarn numbers
21 through 36 metric, classified in tariff item 5208.43.aa, of 2 x 2
twill weave construction, weighing not more than 200 grams per
square meter. |
| 28 |
Fabrics classified in the following
tariff items of average yarn number exceeding 93 metric: 5208.21.aa,
5208.22.aa, 5208.29.aa, 5208.31.aa, 5208.32.aa, 5208.39.aa,
5208.41.aa, 5208.42.aa, 5208.49.aa, 5208.51.aa, 5208.52.aa,
5208.59.aa, 5210.21.aa, 5210.29.aa, 5210.31.aa, 5210.39.aa,
5210.41.aa, 5210.49.aa, 5210.51.aa, or 5210.59.aa. |
| 29 |
Certain yarns of carded cashmere or of
carded camel hair, classified in tariff item 5108.10.aa, used to
produce woven fabrics classified in subheading 5111.11 or 5111.19. |
| 30 |
Acid-dyeable acrylic tow classified in
subheading 5501.30, for production of yarn classified in subheading
5509.31. |
| 31 |
Untextured flat yarns of nylon
classified in tariff item 5402.41.aa. The yarns are described as:
(1) of nylon, 7 denier/5 filament nylon 66 untextured (flat)
semi-dull yarn; multifilament, untwisted or with a twist not
exceeding 50 turns/meter; (2) of nylon, 10 denier/7 filament nylon
66 untextured (flat) semi-dull yarn; multifilament, untwisted or
with a twist not exceeding 50 turns/meter; or (3) of nylon, 12
denier/5 filament nylon 66 untextured (flat) semi-dull yarn;
multifilament, untwisted or with a twist not exceeding 50
turns/meter. |
| 32 |
Woven fabric classified in tariff item
5515.13.aa, combed of polyester staple fibers mixed with wool, and
containing less than 36% by weight of wool. |
| 33 |
Knitted fabric of 85% spun silk/15%
wool (210 grams per square meter), classified in tariff item
6006.90.aa. |
| 34 |
Woven fabrics classified in subheading
5512.99, containing 100% by weight of synthetic staple fibers, not
of square construction, of average yarn number exceeding 55 metric. |
| 35 |
Woven fabrics classified in subheadings
5512.21 or 5512.29, of 100% acrylic fibers, of average yarn number
exceeding 55 metric. |
| 36 |
Rayon filament sewing thread,
classified in subheading 5401.20. |
| 37 |
Poplin, ring spun, woven fabric of 97%
cotton, 3% Lycra, classified in tariff item 5208.32.bb. |
| 38 |
Polyester/Nylon/Spandex Synthetic
Tri-blend (74/22/4%) woven fabric, classified in tariff item
5512.99.aa. |
| 39 |
Two-way stretch woven fabric of
polyester/rayon/spandex (62/32/6%), classified in tariff item
5515.19.aa. |
| 40 |
Two-way stretch woven fabric of
polyester/rayon/spandex (71/23/6%), classified in tariff item
5515.19.aa. |
| 41 |
Dyed rayon blend (70% rayon/30%
polyester) herringbone twill fabric, classified in subheading
5516.92, weighing more than 200 grams per square meter. |
| 42 |
Printed 100% rayon herringbone fabric,
classified in subheading 5516.14, weighing more than 200 grams per
square meter. |
| 43 |
Leaver’s Lace classified in subheading 5804.21 or
5804.29. |
Note: This list shall remain in effect until the United States
publishes a replacement list that makes changes to the list pursuant to Article 3.25.4 or 3.25.5. Any
replacement list shall supersede this list and any prior replacement list, and the United
States shall publish the replacement list at the same time that the United States makes a
determination pursuant to Article 3.25.4, and six months after the United States makes a
determination pursuant to Article 3.25.5. The United States shall transmit a copy of any replacement list
to the other Parties at the time it publishes the list.
Annex 3.27
Preferential Tariff Treatment
for Wool Apparel Goods Assembled in Costa Rica
1. Subject to paragraph 4, the United States shall apply a rate of duty
that is 50 percent of the MFN rate of duty to men’s, boys’, women’s, and girls’ tailored wool
apparel goods in textile categories 433, 435 (suit-type jackets only), 442, 443, 444, 447, and
448, all within headings 6203 and 6204, if they meet all applicable conditions for preferential
tariff treatment,23 and are both cut and sewn or otherwise assembled in the territory of Costa
Rica, regardless of the origin of the fabric used to make the goods.
2. For purposes of determining the quantity of square meter equivalents
(SME) charged against the limits set out in paragraph 4, the conversion factors
listed in Correlation: U.S. Textile and Apparel Category System with the Harmonized Tariff Schedule
of the United States of America 2003, U.S. Department of Commerce, Office of Textiles
and Apparel, or successor publication, and reproduced in paragraph 3, shall apply.
3. The treatment described in paragraph 1 shall apply to the
following goods:24
| CAT |
SMEF |
Description |
Unit of Measure |
| 433 |
30.10 |
M&B SUIT-TYPE JACKETS |
DZ |
| 435 |
45.10 |
W&G SUIT-TYPE JACKETS25
|
DZ |
| 442 |
15.00 |
W&G SKIRTS |
DZ |
| 443 |
3.76 |
M&B SUITS |
NO |
| 444 |
3.76 |
W&G SUITS |
NO |
| 447 |
15.00 |
M&B SHORTS, TROUSERS, BREECHES
|
DZ |
| 448 |
15.00 |
W&G SHORTS, TROUSERS, BREECHES
|
DZ |
4. The treatment described in paragraph 1 shall be limited to goods
imported into the territory of the United States up to a quantity of 500,000 SME in each
of the first two years after the date of entry into force of this Agreement.
5. Costa Rica and the United States shall consult 18 months after the
date of entry into force of this Agreement regarding the operation of this Annex and the
availability of wool fabric in the region.
Annex 3.28
Preferential Tariff Treatment
for Non-Originating Apparel Goods of Nicaragua
1. Subject to paragraph 4, the United States shall apply the applicable
rate of duty set out in its Schedule to Annex 3.3 to the cotton and man-made fiber apparel
goods listed in paragraph 3 and provided for in chapters 61 and 62 of the Harmonized System, if
they meet the applicable conditions for preferential tariff treatment other than the condition
that they be originating goods, and are both cut or knit to shape, and sewn or otherwise assembled, in
the territory of Nicaragua.
2. For purposes of determining the quantity of square meter equivalents
(SME) that is charged against the annual quantity, the conversion factors listed in
Correlation: U.S. Textile and Apparel Category System with the Harmonized Tariff Schedule of the
United States of America 2003, U.S. Department of Commerce, Office of Textiles and
Apparel, or successor publication, and reproduced in paragraph 3, shall apply.
3. The treatment described in paragraph 1 shall apply to the following
goods:26
| CAT |
SMEF |
Description |
Unit of Measure |
237 |
19.20 |
PLAYSUITS, SUNSUITS, ETC |
DZ |
| 239 |
6.30 |
BABIES' GARMENTS & CLOTHING ACCESS
|
KG |
| 330 |
1.40 |
COTTON HANDKERCHIEFS |
DZ |
| 331 |
2.90 |
COTTON GLOVES AND MITTENS |
DPR |
| 332 |
3.80 |
COTTON HOSIERY |
DPR |
| 333 |
30.30 |
M&B SUIT-TYPE COATS, COTTON |
DZ |
| 334 |
34.50 |
OTHER M&B COATS, COTTON |
DZ |
| 335 |
34.50 |
W&G COTTON COATS |
DZ |
| 336 |
37.90 |
COTTON DRESSES |
DZ |
| 338 |
6.00 |
M&B COTTON KNIT SHIRTS |
DZ |
| 339 |
6.00 |
W&G COTTON KNIT SHIRTS/BLOUSES
|
DZ |
| 340 |
20.10 |
M&B COTTON SHIRTS, NOT KNIT
|
DZ |
| 341 |
12.10 |
W&G COTTON SHIRTS/BLOUSES, NOT KNIT
|
DZ |
| 342 |
14.90 |
COTTON SKIRTS |
DZ |
| 345 |
30.80 |
COTTON SWEATERS |
DZ |
| 347 |
14.90 |
M&B COTTON TROUSERS/BREECHES/SHORTS
|
DZ |
| 348 |
14.90 |
W&G COTTON TROUSERS/BREECHES/SHORTS
|
DZ |
| 349 |
4.00 |
BRASSIERES, OTHER BODY SUPPORT GARMENTS
|
DZ |
| 350 |
42.60 |
COTTON DRESSING GOWNS, ROBES, ETC. |
DZ |
| 351 |
43.50 |
COTTON NIGHTWEAR/PAJAMAS |
DZ |
| 352 |
9.20 |
COTTON UNDERWEAR |
DZ |
| 353 |
34.50 |
M&B COTTON DOWNFILLED COATS
|
DZ |
| 354 |
34.50 |
W&G COTTON DOWNFILLED COATS
|
DZ |
| 359 |
8.50 |
OTHER COTTON APPAREL |
KG |
| 630 |
1.40 |
MMF HANDKERCHIEFS |
DZ |
| 631 |
2.90 |
MMF GLOVES AND MITTENS |
DPR |
| 632 |
3.80 |
MMF HOSIERY |
DPR |
| 633 |
30.30 |
M&B MMF SUIT-TYPE COATS |
DZ |
| 634 |
34.50 |
OTHER M&B MMF COATS |
DZ |
| 635 |
34.50 |
W&G MMF COATS |
DZ |
| 636 |
37.90 |
MMF DRESSES |
DZ |
| 638 |
15.00 |
M&B MMF KNIT SHIRTS |
DZ |
| 639 |
12.50 |
W&G MMF KNIT SHIRTS & BLOUSES
|
DZ |
| 640 |
20.10 |
M&B NOT-KNIT MMF SHIRTS |
DZ |
| 641 |
12.10 |
W&G NOT-KNIT MMF SHIRTS & BLOUSES
|
DZ |
| 642 |
14.90 |
MMF SKIRTS |
DZ |
| 643 |
3.76 |
M&B MMF SUITS |
NO |
| 644 |
3.76 |
W&G MMF SUITS |
NO |
| 645 |
30.80 |
M&B MMF SWEATERS |
DZ |
| 646 |
30.80 |
W&G MMF SWEATERS |
DZ |
| 647 |
14.90 |
M&B MMF TROUSERS/BREECHES/SHORTS
|
DZ |
| 648 |
14.90 |
W&G MMF TROUSERS/BREECHES/SHORTS
|
DZ |
| 649 |
4.00 |
MMF BRAS & OTHER BODY SUPPORT GARMENTS
|
DZ |
| 650 |
42.60 |
MMF ROBES, DRESSING GOWNS, ETC.
|
DZ |
| 651 |
43.50 |
MMF NIGHTWEAR & PAJAMAS |
DZ |
| 652 |
13.40 |
MMF UNDERWEAR |
DZ |
| 653 |
4.50 |
M&B MMF DOWNFILLED COATS
|
DZ |
| 654 |
34.50 |
W&G MMF DOWNFILLED COATS
|
DZ |
| 659 |
14.40 |
OTHER MMF APPAREL |
KG |
4. The treatment described in paragraph 1 shall be limited as follows:
(a) in each of the first five years after the date of entry into force
of this Agreement, to goods imported into the territory of the United States up to a
quantity of 100,000,000 SME;
(b) in the sixth year, to goods imported into the territory of the
United States up to a quantity of 80,000,000 SME;
(c) in the seventh year, to goods imported into the territory of the
United States up to a quantity of 60,000,000 SME;
(d) in the eighth year, to goods imported into the territory of the
United States up to a quantity of 40,000,000 SME; and
(e) in the ninth year, to goods imported into the territory of the
United States up to a quantity of 20,000,000 SME.
Beginning the tenth year after the date of entry into force of this
Agreement, this Annex shall cease to apply.
Annex 3.29
Textile or Apparel Goods Not Covered by Section G
| HS No. |
Description |
| 3005.90 |
Wadding, gauze, bandages,
and the like |
ex 3921.12
ex 3921.13 Ex
3921.90 |
Woven, knitted, or
non-woven fabrics coated, covered, or laminated with plastics |
| Ex 6405.20
|
Footwear with soles and
uppers of wool felt |
Ex
6406.10 |
Footwear uppers of which
50% or more of the external surface area is textile material |
| Ex 6406.99
|
Leg warmers and gaiters
of textile material |
| 6501.00 |
Hat forms, hat bodies,
and hoods of felt; plateaux and manchons of felt |
| 6502.00 |
Hat shapes, plaited or
made by assembling strips of any material |
| 6503.00 |
Felt hats and other felt
headgear |
| 6504.00 |
Hats and other headgear,
plaited or made by assembling strips of any material |
| 6505.90 |
Hats and other headgear,
knitted or made up from lace or other textile material |
| 8708.21 |
Safety seat belts for
motor vehicles |
| 8804.00 |
Parachutes; their parts
and accessories |
| 9113.90 |
Watch straps, bands, and
bracelets of textile materials |
| 9502.91 |
Garments for dolls |
Ex
9612.10 |
Woven ribbons of man-made
fibers, other than those measuring less than 30 millimeters in
width and permanently put up in cartridges |
Note: Whether or not a textile or apparel good is covered by this
Section shall be determined in accordance with the Harmonized System. The
descriptions provided in this Annex are for reference purposes only.
Chapter Four
Rules of Origin and Origin Procedures
Section A: Rules of Origin
Article 4.1: Originating Goods
Except as otherwise provided in this Chapter, each Party shall provide that a
good is originating where:
(a) it is a good wholly obtained or produced entirely in the territory of one
or more of the Parties;
(b) it is produced entirely in the territory of one or more of the Parties
and
(i) each of the non-originating materials used in the production of the good undergoes an applicable change in tariff classification specified in Annex 4.1, or
(ii) the good otherwise satisfies any applicable regional value content or
other requirements specified in Annex 4.1, and the good satisfies all other applicable requirements of this Chapter; or
(c) it is produced entirely in the territory of one or more of the Parties
exclusively from originating materials.
Article 4.2: Regional Value Content
1. Where Annex 4.1 specifies a regional value content test to determine
whether a good is originating, each Party shall provide that the importer, exporter, or
producer may use a calculation of regional value content based on one or the other of the
following methods:
(a) Method Based on Value of Non-Originating Materials (“Build-down Method”)
RVC = AV - VNM x 100
AV
(b) Method Based on Value of Originating Materials (“Build-up Method”)
RVC = VOM x 100
AV
where,
RVC is the regional value content, expressed as a percentage;
AV is the adjusted value;
VNM is the value of non-originating materials that are acquired and used by
the producer in the production of the good; VNM does not include the value of a material that is self-produced; and
VOM is the value of originating materials acquired or self-produced, and used
by the producer in the production of the good.
2. Each Party shall provide that all costs considered for the calculation of
regional value content shall be recorded and maintained in conformity with the Generally
Accepted Accounting Principles applicable in the territory of the Party where the good is
produced.
3. Where Annex 4.1 specifies a regional value content test to determine if an
automotive good1 is originating, each Party shall provide that the
importer, exporter, or producer may use a calculation of the regional value content of that good as provided in
paragraph 1 or based on the following method:
Method for Automotive Products (“Net Cost Method”)
RVC = NC - VNM x 100
NC
where,
RVC is the regional value content, expressed as a percentage;
NC is the net cost of the good; and
VNM is the value of non-originating materials acquired and used by the
producer in the production of the good; VNM does not include the value of a material that is
selfproduced.
4. Each Party shall provide that, for purposes of the regional value content
method in paragraph 3, the importer, exporter, or producer may use a calculation
averaged over the producer’s fiscal year, using any one of the following categories, on the
basis of all motor vehicles in the category or only those motor vehicles in the category that
are exported to the territory of one or more of the other Parties:
(a) the same model line of motor vehicles in the same class of vehicles
produced in the same plant in the territory of a Party;
(b) the same class of motor vehicles produced in the same plant in the
territory of a Party; or
(c) the same model line of motor vehicles produced in the territory of a
Party.
5. Each Party shall provide that, for purposes of calculating regional value
content under paragraph 3 for automotive materials2 produced in the
same plant, an importer, exporter, or producer may use a calculation:
(a) averaged:
(i) over the fiscal year of the motor vehicle producer to whom the good is sold;
(ii) over any quarter or month; or
(iii) over its fiscal year, provided that the good was produced during the fiscal year, quarter, or month forming the basis for the calculation;
(b) in which the average in subparagraph (a) is calculated separately for
such goods sold to one or more motor vehicle producers; or
(c) in which the average in subparagraph (a) or (b) is calculated separately
for those goods that are exported to the territory of one or more of the Parties.
Article 4.3: Value of Materials
Each Party shall provide that, for purposes of Articles 4.2 and 4.6, the
value of a material shall be:
(a) for a material imported by the producer of the good, the adjusted value
of the material;
(b) for a material acquired in the territory where the good is produced, the
value, determined in accordance with Articles 1 through 8, Article 15, and the corresponding interpretative notes of the Customs Valuation Agreement in the same manner as for imported goods, with such reasonable modifications as may be required due to the absence of an importation; or
(c) for a material that is self-produced, (i) all the expenses incurred in the production of the material, including general expenses, and
(ii) an amount for profit equivalent to the profit added in the normal course
of trade.
Article 4.4: Further Adjustments to the Value of Materials
1. Each Party shall provide that, for originating materials, the following
expenses, where not included under Article 4.3, may be added to the value of the material:
(a) the costs of freight, insurance, packing, and all other costs incurred in
transporting the material within a Party’s territory or between the territories of two or
more Parties to the location of the producer;
(b) duties, taxes, and customs brokerage fees on the material paid in the
territory of one or more of the Parties, other than duties and taxes that are waived,
refunded, refundable, or otherwise recoverable, including credit against duty or tax
paid or payable; and
(c) the cost of waste and spoilage resulting from the use of the material in
the production of the good, less the value of renewable scrap or by-product.
2. Each Party shall provide that, for non-originating materials, the
following expenses, where included under Article 4.3, may be deducted from the value of the
material:
(a) the costs of freight, insurance, packing, and all other costs incurred in
transporting the material within a Party’s territory or between the territories of two or
more Parties to the location of the producer;
(b) duties, taxes and customs brokerage fees on the material paid in the
territory of one or more of the Parties, other than duties and taxes that are waived,
refunded, refundable, or otherwise recoverable, including credit against duty or tax
paid or payable;
(c) the cost of waste and spoilage resulting from the use of the material in
the production of the good, less the value of renewable scrap or by-product; and
(d) the cost of originating materials used in the production of the
non-originating material in the territory of a Party.
Article 4.5: Accumulation
1. Each Party shall provide that originating goods or materials of one or
more of the Parties, incorporated into a good in the territory of another Party, shall be
considered to originate in the territory of that other Party.
2. Each Party shall provide that a good is originating where the good is
produced in the territory of one or more of the Parties by one or more producers, provided
that the good satisfies the requirements in Article 4.1 and all other applicable requirements in this
Chapter.
Article 4.6: De Minimis
1. Except as provided in Annex 4.6, each Party shall provide that a good that
does not undergo a change in tariff classification pursuant to Annex 4.1 is
nonetheless originating if the value of all non-originating materials used in the production of the good and
that do not undergo the applicable change in tariff classification does not exceed ten percent of
the adjusted value of the good, provided that the value of such non-originating materials shall be
included in the value of non-originating materials for any applicable regional value content
requirement and that the good meets all other applicable requirements in this Chapter.
2. With respect to a textile or apparel good, Article 3.25.7 (Rules of Origin
and Related Matters) applies in place of paragraph 1.
Article 4.7: Fungible Goods and Materials
1. Each Party shall provide that an importer may claim that a fungible good
or material is originating where the importer, exporter, or producer has:
(a) physically segregated each fungible good or material; or
(b) used any inventory management method, such as averaging,
last-in-first-out (LIFO) or first-in-first-out (FIFO), recognized in the Generally Accepted Accounting Principles of the Party in which the production is performed or otherwise accepted by the Party in which the production is performed.
2. Each Party shall provide that the inventory management method selected
under paragraph 1 for a particular fungible good or material shall continue to be used for
that good or material throughout the fiscal year of the person that selected the inventory
management method.
Article 4.8: Accessories, Spare Parts, and Tools
1. Each Party shall provide that a good’s standard accessories, spare parts,
or tools delivered with the good shall be treated as originating goods if the good is an
originating good and shall be disregarded in determining whether all the non-originating materials used in
the production of the good undergo the applicable change in tariff classification, provided
that:
(a) the accessories, spare parts, or tools are classified with and not
invoiced separately from the good, regardless of whether they appear specified or separately identified in the invoice itself; and
(b) the quantities and value of the accessories, spare parts, or tools are
customary for the good.
2. If a good is subject to a regional value content requirement, the value of
accessories, spare parts, or tools shall be taken into account as originating or
non-originating materials, as the case may be, in calculating the regional value content of the good.
Article 4.9: Packaging Materials and Containers for Retail Sale
Each Party shall provide that packaging materials and containers in which a
good is packaged for retail sale shall, if classified with the good, be disregarded
in determining whether all the non-originating materials used in the production of the good undergo
the applicable change in tariff classification set out in Annex 4.1 and, if the good is
subject to a regional value content requirement, the value of such packaging materials and containers
shall be taken into account as originating or non-originating materials, as the case may be, in
calculating the regional value content of the good.
Article 4.10: Packing Materials and Containers for Shipment
Each Party shall provide that packing materials and containers for shipment
shall be disregarded in determining whether a good is originating.
Article 4.11: Indirect Materials Used in Production
Each Party shall provide that an indirect material shall be considered to be
an originating material without regard to where it is produced.
Article 4.12: Transit and Transshipment
Each Party shall provide that a good shall not be considered to be an
originating good if the good:
(a) undergoes subsequent production or any other operation outside the
territories of the Parties, other than unloading, reloading, or any other operation
necessary to preserve the good in good condition or to transport the good to the territory
of a Party; or
(b) does not remain under the control of customs authorities in the territory
of a non- Party.
Article 4.13: Sets of Goods
1. Each Party shall provide that if goods are classified as a set as a result
of the application of rule 3 of the General Rules of Interpretation of the Harmonized System,
the set is originating only if each good in the set is originating and both the set and the goods
meet all other applicable requirements in this Chapter.
2. Notwithstanding paragraph 1, a set of goods is originating if the value of
all the nonoriginating goods in the set does not exceed 15 percent of the adjusted value of the set.
3. With respect to a textile or apparel good, Article 3.25.9 (Rules of Origin
and Related Matters) applies in place of paragraphs 1 and 2.
Article 4.14: Consultation and Modifications
1. The Parties shall consult regularly to ensure that this Chapter is
administered effectively, uniformly, and consistently with the spirit and objectives of this Agreement,
and shall cooperate in the administration of this Chapter.
2. A Party that considers that a specific rule of origin set out in Annex 4.1
requires modification to take into account developments in production processes, lack
of supply of originating materials, or other relevant factors may submit a proposed
modification along with supporting rationale and any studies to the Commission for consideration.
3. On submission by a Party of a proposed modification under paragraph 2, the
Commission may refer the matter to an ad hoc working group within 60 days or on
such other date as the Commission may decide. The working group shall meet to consider the proposed
modification within 60 days of the date of referral or on such other date as the
Commission may decide.
4. Within such period as the Commission may direct, the working group shall
provide a report to the Commission, setting out its conclusions and recommendations, if
any.
5. On receipt of the report, the Commission may take appropriate action under
Article 19.1.3(b) (The Free Trade Commission).
6. With respect to a textile or apparel good, paragraphs 1 through 3 of
Article 3.25 (Rules of Origin and Related Matters) apply in place of paragraphs 2 through 5.
Section B: Origin Procedures
Article 4.15: Obligations Relating to Importations
1. Each Party shall grant any claim for preferential tariff treatment made in
accordance with this Chapter, unless the Party issues a written determination that the claim
is invalid as a matter of law or fact.
2. A Party may deny preferential tariff treatment to a good if the importer
fails to comply with any requirement in this Chapter.
3. No Party may subject an importer to any penalty for making an invalid
claim for preferential tariff treatment if the importer:
(a) did not engage in negligence, gross negligence, or fraud in making the
claim and pays any customs duty owing; or
(b) on becoming aware that such a claim is not valid, promptly and
voluntarily corrects the claim and pays any customs duty owing.
4. Each Party may require that an importer who claims preferential tariff
treatment for a good imported into its territory:
(a) declare in the importation document that the good is originating;
(b) have in its possession at the time the declaration referred to in
subparagraph (a) is made a written or electronic certification as described in Article 4.16, if
the certification forms the basis for the claim;
(c) provide a copy of the certification, on request, to the importing Party’s
customs authority, if the certification forms the basis for the claim;
(d) when the importer has reason to believe that the declaration in
subparagraph (a) is based on inaccurate information, correct the importation document and pay any customs duty owing;
(e) when a certification by a producer or exporter forms the basis for the
claim, either provide or have in place, at the importer’s option, an arrangement to have
the producer or exporter provide, on request of the importing Party’s customs authority, all information relied on by such producer or exporter in making
such certification; and
(f) demonstrate, on request of the importing Party’s customs authority, that
the good is originating under Article 4.1, including that the good satisfies the
requirements of Article 4.12.
5. Each Party shall provide that, where a good was originating when it was
imported into its territory, but the importer of the good did not make a claim for preferential
tariff treatment at the time of importation, that importer may, no later than one year after the date
of importation, make a claim for preferential tariff treatment and apply for a refund of any
excess duties paid as the result of the good not having been accorded preferential tariff treatment on
presentation to its customs authority of:
(a) a written declaration, stating that the good was originating at the time
of importation;
(b) on request of its customs authority, a copy of a written or electronic
certification if a certification forms the basis for the claim, or other information
demonstrating that the good was originating; and
(c) such other documentation relating to the importation of the good as its
customs authority may require.
6. Each Party may provide that the importer is responsible for complying with
the requirements of paragraph 4, notwithstanding that the importer may have based
its claim for preferential tariff treatment on a certification or information that an
exporter or producer provided.
7. Nothing in this Article shall prevent a Party from taking action under
Article 3.24.6 (Customs Cooperation).
Article 4.16: Claims of Origin
1. Each Party shall provide that an importer may make a claim for
preferential tariff treatment based on either:
(a) a written or electronic3 certification by the
importer, exporter, or producer; or
(b) the importer’s knowledge that the good is an originating good, including reasonable reliance on information in the importer’s possession that the good
is an originating good.4
2. Each Party shall provide that a certification need not be made in a
prescribed format, provided that the certification is in written or electronic form, including
but not limited to the following elements:
(a) the name of the certifying person, including as necessary contact or
other identifying information;
(b) tariff classification under the Harmonized System and a description of
the good;
(c) information demonstrating that the good is originating;
(d) date of the certification; and
(e) in the case of blanket certification issued as set out in paragraph 4(b),
the period that the certification covers.
3. Each Party shall provide that a certification by the producer or exporter
of the good may be completed on the basis of:
(a) the producer’s or exporter’s knowledge that the good is originating; or
(b) in the case of an exporter, reasonable reliance on the producer’s written
or electronic certification that the good is originating.
No Party may require an exporter or producer to provide a written or
electronic certification to another person.
4. Each Party shall provide that a certification may apply to:
(a) a single shipment of a good into the territory of a Party; or
(b) multiple shipments of identical goods within any period specified in the
written or electronic certification, not exceeding 12 months from the date of the certification.
5. Each Party shall provide that a certification shall be valid for four
years after the date it was issued.
6. Each Party shall allow an importer to submit a certification in the
language of the importing Party or the exporting Party. In the latter case, the customs
authority of the importing Party may require the importer to submit a translation of the certification
in the language of the importing Party.
Article 4.17: Exceptions
No Party may require a certification or information demonstrating that the
good is originating where:
(a) the customs value of the importation does not exceed 1,500 U.S. dollars
or the equivalent amount in the currency of the importing Party, or such higher
amount as may be established by the importing Party, unless the importing Party considers the importation to be part of a series of importations carried out
or planned for the purpose of evading compliance with the certification requirements; or
(b) it is a good for which the importing Party does not require the importer
to present a certification or information demonstrating origin.
Article 4.18: Obligations Relating to Exportations
1. Each Party shall provide that:
(a) an exporter or a producer in its territory that has provided a written or
electronic certification in accordance with Article 4.16 shall, on request, provide a
copy to the appropriate authority of the Party;
(b) a false certification by an exporter or a producer in its territory that
a good to be exported to the territory of another Party is originating shall be subject to penalties equivalent to those that would apply to an importer in its
territory that makes a false statement or representation in connection with an importation,
with appropriate modifications; and
(c) when an exporter or a producer in its territory has provided a
certification and has reason to believe that the certification contains or is based on incorrect information, the exporter or producer shall promptly notify in writing every person to whom the exporter or producer provided the certification of any
change that could affect the accuracy or validity of the certification.
2. No Party may impose penalties on an exporter or a producer for providing
an incorrect certification if the exporter or producer voluntarily notifies in writing all
persons to whom it has provided the certification that it was incorrect.
Article 4.19: Record Keeping Requirements
1. Each Party shall provide that an exporter or a producer in its territory
that provides a certification in accordance with Article 4.16 shall maintain, for a minimum
of five years from the date the certification was issued, all records and documents necessary to
demonstrate that a good for which the producer or exporter provided a certification was an
originating good, including records and documents concerning:
(a) the purchase of, cost of, value of, and payment for, the exported good;
(b) the purchase of, cost of, value of, and payment for, all materials,
including indirect materials, used in the production of the exported good; and
(c) the production of the good in the form in which it was exported.
2. Each Party shall provide that an importer claiming preferential tariff
treatment for a good imported into the Party’s territory shall maintain, for a minimum of five
years from the date of importation of the good, all records and documents necessary to demonstrate
the good qualified for the preferential tariff treatment.
Article 4.20: Verification
1. For purposes of determining whether a good imported into its territory
from the territory of another Party is an originating good, each Party shall ensure that its
customs authority or other competent authority may conduct a verification by means of:
(a) written requests for information from the importer, exporter, or
producer;
(b) written questionnaires to the importer, exporter, or producer;
(c) visits to the premises of an exporter or producer in the territory of the
other Party, to review the records referred to in Article 4.19 or observe the facilities
used in the production of the good, in accordance with the framework that the Parties develop pursuant to Article 4.21.2;
(d) for a textile or apparel good, the procedures set out in Article 3.24
(Customs Cooperation); or
(e) such other procedures to which the importing and exporting Parties may
agree.
2. A Party may deny preferential tariff treatment to an imported good where:
(a) the exporter, producer, or importer fails to respond to a written request
for information or questionnaire within a reasonable period, as established in
the importing Party’s law;
(b) after receipt of a written notification for a verification visit to which
the importing and exporting Parties have agreed, the exporter or producer does not provide
its written consent within a reasonable period, as established by the importing Party’s law; or
(c) the Party finds a pattern of conduct indicating that an importer,
exporter, or producer has provided false or unsupported declarations that a good imported
into its territory is an originating good.
3. Except as provided in Article 3.24.6(d) (Customs Cooperation), a Party
conducting a verification shall provide the importer a determination, in writing, of
whether the good is originating. The Party’s determination shall include factual findings and the
legal basis for the determination.
4. If an importing Party makes a determination under paragraph 3 that a good
is not originating, the Party shall not apply that determination to an importation
made before the date of the determination where:
(a) the customs authority of the exporting Party issued an advance ruling
regarding the tariff classification or valuation of one or more materials used in the
good under Article 5.10 (Advance Rulings);
(b) the importing Party’s determination is based on a tariff classification
or valuation for such materials that is different than that provided for in the advance
ruling referred to in subparagraph (a); and
(c) the customs authority issued the advance ruling before the importing
Party’s determination.
5. Where an importing Party determines through verification that an importer,
exporter, or producer has engaged in a pattern of conduct in providing false or
unsupported statements, declarations, or certifications that a good imported into its territory is
originating the Party may suspend preferential tariff treatment to identical goods covered by
subsequent statements, declarations, or certifications by that importer, exporter, or producer until
the importing Party determines that the importer, exporter, or producer is in compliance with
this Chapter.
Article 4.21: Common Guidelines
1. The Parties shall agree on and publish common guidelines for the
interpretation, application, and administration of this Chapter and the relevant provisions
of Chapter Three (National Treatment and Market Access for Goods) and shall endeavor to do so
by the date of entry into force of this Agreement. The Parties may agree to modify the
common guidelines.
2. The Parties shall endeavor to develop a framework for conducting
verifications pursuant to Article 4.20.1(c).
Article 4.22: Definitions
For purposes of this Chapter:
adjusted value means the value determined in accordance with Articles 1
through 8, Article 15, and the corresponding interpretative notes of the Customs Valuation
Agreement, adjusted, if necessary, to exclude any costs, charges, or expenses incurred for
transportation, insurance, and related services incident to the international shipment of the merchandise
from the country of exportation to the place of importation;
class of motor vehicles means any one of the following categories of
motor vehicles:
(a) motor vehicles provided for in subheading 8701.20, motor vehicles for the transport of 16 or more persons provided for in subheading 8702.10 or
8702.90, and motor vehicles of subheading 8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or heading 87.05 or 87.06;
(b) motor vehicles provided for in subheading 8701.10 or subheadings 8701.30 through 8701.90;
(c) motor vehicles for the transport of 15 or fewer persons provided for in
subheading 8702.10 or 8702.90, and motor vehicles of subheading 8704.21 or 8704.31; or
(d) motor vehicles provided for in subheadings 8703.21 through 8703.90;
fungible goods or materials means goods or materials that are
interchangeable for commercial purposes and whose properties are essentially identical;
Generally Accepted Accounting Principles means recognized consensus or
substantial authoritative support given 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. Generally Accepted Accounting Principles may encompass
broad guidelines for general application, as well as detailed standards, practices,
and procedures;
good means any merchandise, product, article, or material;
goods wholly obtained or produced entirely in the territory of one or more of
the Parties
means:
(a) plants and plant products harvested or gathered in the territory of one
or more of the Parties;
(b) live animals born and raised in the territory of one or more of the
Parties;
(c) goods obtained in the territory of one or more of the Parties from live
animals;
(d) goods obtained from hunting, trapping, fishing, or aquaculture conducted
in the territory of one or more of the Parties;
(e) minerals and other natural resources not included in subparagraphs (a)
through (d) extracted or taken from the territory of one or more of the Parties;
(f) fish, shellfish, and other marine life taken from the sea, seabed, or
subsoil outside the territory of one or more of the Parties by vessels registered or recorded
with a Party and flying its flag;
(g) goods produced on board factory ships from the goods referred to in
subparagraph (f), provided such factory ships are registered or recorded with that Party
and fly its flag;
(h) goods taken by a Party or a person of a Party from the seabed or subsoil
outside territorial waters, provided that a Party has rights to exploit such seabed
or subsoil;
(i) goods taken from outer space, provided they are obtained by a Party or a
person of a Party and not processed in the territory of a non-Party;
(j) waste and scrap derived from (i) manufacturing or processing operations in the territory of one or more of the Parties, or
(ii) used goods collected in the territory of one or more of the Parties, provided such goods are fit only for the recovery of raw materials;
(k) recovered goods derived in the territory of one or more of the Parties
from used goods, and utilized in the territory of one or more of the Parties in the
production of remanufactured goods; and
(l) goods produced in the territory of one or more of the Parties exclusively
from goods referred to in subparagraphs (a) through (j), or from their
derivatives, at any stage of production;
identical goods means “identical goods” as defined in the Customs
Valuation Agreement;
indirect material means a good used in the production, testing, or
inspection of a good, but not physically incorporated into the good, or a good used in the maintenance of
buildings or the operation of equipment associated with the production of a good, including:
(a) fuel and energy;
(b) tools, dies, and molds;
(c) spare parts and materials used in the maintenance of equipment and
buildings;
(d) lubricants, greases, compounding materials, and other materials used in production or used to operate equipment and buildings;
(e) gloves, glasses, footwear, clothing, safety equipment, and supplies;
(f) equipment, devices, and supplies used for testing or inspecting the good;
(g) catalysts and solvents; and
(h) any other goods that are not incorporated into the good but whose use in
the production of the good can reasonably be demonstrated to be a part of that production;
material means a good that is used in the production of another good,
including a part or an ingredient;
material that is self-produced means an originating material that is
produced by a producer of a good and used in the production of that good;
model line means a group of motor vehicles having the same platform or
model name;
net cost means total cost minus sales promotion, marketing, and
after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs that
are included in the total cost;
net cost of the good means the net cost that can be reasonably allocated
to the good under one of the following methods:
(a) by calculating the total cost incurred with respect to all goods produced
by that producer, subtracting any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest
costs that are included in the total cost of all such goods, and then reasonably
allocating the resulting net cost of those goods to the good;
(b) calculating the total cost incurred with respect to all goods produced by
that producer, reasonably allocating the total cost to the good, and then
subtracting any sales promotion, marketing and after-sales service costs, royalties,
shipping and packing costs, and non-allowable interest costs that are included in the portion of the total cost allocated to the good; or
(c) reasonably allocating each cost that forms part of the total cost
incurred with respect to the good so that the aggregate of these costs does not include any
sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs, provided that the allocation of all such costs is consistent with the
provisions regarding the reasonable allocation of costs set out in Generally Accepted Accounting
Principles;
non-allowable interest costs means interest costs incurred by a producer
that exceed 700 basis points above the yield on debt obligations of comparable maturities issued by
the central level of government of the Party in which the producer is located;
non-originating good or non-originating material means a good or
material that is not originating under this Chapter;
packing materials and containers for shipment means the goods used to
protect a good during its transportation and does not include the packaging materials and
containers in which a good is packaged for retail sale;
producer means a person who engages in the production of a good in the
territory of a Party;
production means growing, mining, harvesting, fishing, raising, trapping,
hunting, manufacturing, processing, assembling, or disassembling a good;
reasonably allocate means to apportion in a manner appropriate under
Generally Accepted Accounting Principles;
recovered goods means materials in the form of individual parts that are
the result of: (a) the disassembly of used goods into individual parts; and (b) cleaning,
inspecting, testing, or other processes as necessary for improvement to sound working condition;
remanufactured goods means goods classified under Harmonized System
chapter 84, 85, or 87 or heading 90.26, 90.31, or 90.32, except goods classified under heading
84.18 or 85.16, that:
(a) are entirely or partially comprised of recovered goods; and
(b) have a similar life expectancy and enjoy a factory warranty similar to
such a new good;
total cost means all product costs, period costs, and other costs for a
good incurred in the territory of one or more of the Parties;
used means used or consumed in the production of goods; and
value means the value of a good or material for purposes of calculating
customs duties or for purposes of applying this Chapter.
Annex 4.6
Exceptions to Article 4.6
Article 4.6 shall not apply to:
(a) a non-originating material classified under chapter 4 of the Harmonized
System, or a non-originating dairy preparation containing over ten percent by weight
of milk solids classified under subheading 1901.90 or 2106.90, that is used in
the production of a good classified under chapter 4 of the Harmonized System;
(b) a non-originating material classified under chapter 4 of the Harmonized
System, or a non-originating dairy preparation containing over ten percent by weight
of milk solids classified under subheading 1901.90, that is used in the
production of the following goods: infant preparations containing over ten percent in
weight of milk solids classified under subheading 1901.10; mixes and doughs, containing over 25 percent by weight of butterfat, not put up for retail sale,
classified under subheading 1901.20; dairy preparations containing over ten percent by weight
of milk solids, classified under subheading 1901.90 or 2106.90; heading 21.05; beverages containing milk classified under subheading 2202.90; or animal
feeds containing over ten percent by weight of milk solids classified under
subheading 2309.90;
(c) a non-originating material classified under heading 08.05 or subheadings
2009.11 through 2009.30 that is used in the production of a good classified under subheadings 2009.11 through 2009.30, or in fruit or vegetable juice of any
single fruit or vegetable, fortified with minerals or vitamins, concentrated or unconcentrated, classified under subheading 2106.90 or 2202.90;
(d) a non-originating material classified under heading 09.01 or 21.01, that
is used in the production of a good classified under heading 09.01 or 21.01;
(e) a non-originating material classified under heading 10.06 that is used in
the production of a good classified under heading 11.02 or 11.03 or subheading 1904.90;
(f) a non-originating material classified under chapter 15 of the Harmonized
System that is used in the production of a good classified under chapter 15 of the Harmonized System;
(g) a non-originating material classified under heading 17.01 that is used in
the production of a good classified under heading 17.01 through 17.03;
(h) a non-originating material classified under chapter 17 of the Harmonized
System that is used in the production of a good classified under subheading 1806.10;
or
(i) except as provided under subparagraph (a) through (h) and in the specific
rules of origin under Annex 4.1, a non-originating material used in the production of
a good classified under chapter 1 through 24 of the Harmonized System unless
the non-originating material is classified under a different subheading than the
good for which origin is being determined.
Chapter Five
Customs Administration and Trade Facilitation
Article 5.1: Publication
1. Each Party shall publish, including on the Internet, its customs laws,
regulations, and general administrative procedures.
2. Each Party shall designate or maintain one or more inquiry points to
address inquiries by interested persons concerning customs matters and shall make available on the
Internet information concerning the procedures for making such inquiries.
3. To the extent possible, each Party shall publish in advance any
regulations of general application governing customs matters that it proposes to adopt and provide
interested persons the opportunity to comment prior to their adoption.
Article 5.2: Release of Goods
1. Each Party shall adopt or maintain simplified customs procedures for the
efficient release of goods in order to facilitate trade between the Parties.
2. Pursuant to paragraph 1, each Party shall ensure that its customs
authority or other competent authority shall adopt or maintain procedures that:
(a) provide for the release of goods within a period no greater than that
required to ensure compliance with its customs laws and, to the extent possible, within
48 hours of arrival;
(b) allow goods to be released at the point of arrival, without temporary
transfer to warehouses or other facilities; and
(c) allow importers to withdraw goods from customs before and without
prejudice to the final determination by its customs authority of the applicable customs
duties, taxes, and fees.1
Article 5.3: Automation
Each Party’s customs authority shall endeavor to use information technology
that expedites procedures for the release of goods. When deciding on the
information technology to be used for this purpose, each Party shall:
(a) use, to the extent possible, international standards;
(b) make electronic systems accessible to the trading community;
(c) provide for electronic submission and processing of information and data
before arrival of the shipment to allow for the release of goods on arrival;
(d) employ electronic or automated systems for risk analysis and targeting;
(e) work towards developing compatible electronic systems among the Parties’ customs authorities, to facilitate government to government exchange of international trade data; and
(f) work towards developing a set of common data elements and processes in accordance with World Customs Organization (WCO) Customs Data Model and related WCO recommendations and guidelines.
Article 5.4: Risk Management
Each Party shall endeavor to adopt or maintain risk management systems that
enable its customs authority to focus its inspection activities on high-risk goods and
that simplify the clearance and movement of low-risk goods, while respecting the confidential
nature of the information it obtains through such activities.
Article 5.5: Cooperation
1. With a view to facilitating the effective operation of this Agreement,
each Party shall endeavor to provide the other Parties with advance notice of any significant
modification of administrative policy or other similar development related to its laws or
regulations governing importations that is likely to substantially affect the operation of this
Agreement.
2. The Parties shall cooperate in achieving compliance with their respective
laws and regulations pertaining to:
(a) the implementation and operation of the provisions of this Agreement
governing importations or exportations, including claims of origin and origin
procedures;
(b) the implementation and operation of the Customs Valuation Agreement;
(c) restrictions or prohibitions on imports or exports; and
(d) other customs matters as the Parties may agree.
3. Where a Party has a reasonable suspicion of unlawful activity related to
its laws or regulations governing importations, the Party may request another Party to
provide specific confidential information normally collected in connection with the
importation of goods.
4. For purposes of paragraph 3, “a reasonable suspicion of unlawful activity”
means a suspicion based on relevant factual information obtained from public or
private sources, comprising one or more of the following:
(a) historical evidence of non-compliance with laws or regulations governing importations by an importer or exporter;
(b) historical evidence of non-compliance with laws or regulations governing importations by a manufacturer, producer, or other person involved in the movement of goods from the territory of one Party to the territory of another Party;
(c) historical evidence that some or all of the persons involved in the
movement from the territory of the other Party to the territory of another Party of goods
within a specific product sector have not complied with a Party’s laws or regulations governing importations; or
(d) other information that the requesting Party and the Party from whom the information is requested agree is sufficient in the context of a particular
request.
5. A Party’s request under paragraph 3 shall be in writing, shall specify the
purpose for which the information is sought, and shall identify the requested information
with sufficient specificity for the other Party to locate and provide the information.
6. The Party from whom the information is requested shall, in accordance with
its law and any relevant international agreements to which it is a party, provide a
written response containing such information.
7. Each Party shall endeavor to provide another Party with any other
information that would assist that Party in determining whether imports from or exports to that
Party are in compliance with the other Party’s laws or regulations governing importations, in
particular those related to the prevention of smuggling and similar infractions.
8. For purposes of facilitating regional trade, each Party shall endeavor to
provide the other Parties with technical advice and assistance for the purpose of improving
risk assessment techniques, simplifying and expediting customs procedures, advancing the
technical skill of personnel, and enhancing the use of technologies that can lead to improved
compliance with regard to laws or regulations governing importations.
9. Building on the mechanisms established in this Article, the Parties shall
strive to explore additional avenues of cooperation to enhance each Party’s ability to enforce
its laws and regulations governing importations, including by concluding a mutual
assistance agreement between their respective customs authorities within six months after this
Agreement is signed.
The Parties shall examine whether to establish other channels of
communication to facilitate the secure and rapid exchange of information and to improve coordination on
importation issues.
Article 5.6: Confidentiality
1. Where a Party providing information to another Party in accordance with
this Chapter designates the information as confidential, the other Party shall maintain
the confidentiality of the information. The Party providing the information may require written
assurances from the other Party that the information will be held in confidence, will be used
only for the purposes specified in the other Party’s request for information, and will not be
disclosed without the Party’s specific permission.
2. A Party may decline to provide information requested by another Party
where that Party has failed to act in conformity with assurances provided under paragraph 1.
3. Each Party shall adopt or maintain procedures in which confidential
information, including information the disclosure of which could prejudice the competitive
position of the person providing the information, submitted in accordance with the
administration of the Party’s customs laws, shall be protected from unauthorized disclosure.
Article 5.7: Express Shipments
Each Party shall adopt or maintain expedited customs procedures for express
shipments while maintaining appropriate customs control and selection. These procedures
shall:
(a) provide a separate, expedited customs procedure for express shipments;
(b) provide for the submission and processing of information necessary for
the release of an express shipment before the express shipment arrives;
(c) allow submission of a single manifest covering all goods contained in a
shipment transported by an express shipment service, through, if possible, electronic
means;
(d) to the extent possible, provide for clearance of certain goods with a
minimum of documentation; and
(e) under normal circumstances, provide for clearance of express shipments
within six hours after submission of the necessary customs documents, provided the shipment has arrived.
Article 5.8: Review and Appeal
Each Party shall ensure that with respect to its determinations on customs
matters, importers in its territory have access to:
(a) a level of administrative review independent of the employee or office
that issued the determination; and
(b) judicial review of the determination.
Article 5.9: Penalties
Each Party shall adopt or maintain measures that allow for the imposition of
civil or administrative penalties and, where appropriate, criminal sanctions for
violations of its customs laws and regulations, including those governing tariff classification,
customs valuation, country of origin, and claims for preferential treatment under this Agreement.
Article 5.10: Advance Rulings
1. Each Party, through its customs authority or other competent authority
shall issue, before a good is imported into its territory, a written advance ruling at the
written request of an importer in its territory, or an exporter or producer2 in the
territory of another Party with regard to:
(a) tariff classification;
(b) the application of customs valuation criteria for a particular case, in
accordance with the application of the provisions set out in the Customs Valuation Agreement;
(c) the application of duty drawback, deferral, or other relief from customs
duties;
(d) whether a good is originating in accordance with Chapter Four (Rules of
Origin and Origin Procedures);
(e) whether a good re-entered into the territory of a Party after being
exported to the territory of another Party for repair or alteration is eligible for duty free
treatment in accordance with Article 3.6 (Goods Re-entered after Repair or Alteration);
(f) country of origin marking;
(g) the application of quotas; and
(h) such other matters as the Parties may agree.
2. Each Party shall provide that its customs authority or other competent
authority shall issue an advance ruling within 150 days after a request, provided that the
requester has submitted all information that the Party requires, including, if the authority
requests, a sample of the good for which the requester is seeking an advance ruling. In issuing an advance
ruling, the authority shall take into account facts and circumstances the requester has provided.
3. Each Party shall provide that advance rulings shall be in force from their
date of issuance, or another date specified in the ruling, provided that the facts or
circumstances on which the ruling is based remain unchanged.
4. The issuing Party may modify or revoke an advance ruling after the Party
notifies the requester. The issuing Party may modify or revoke a ruling retroactively only
if the ruling was based on inaccurate or false information.
5. Subject to any confidentiality requirements in its law, each Party shall
make its advance rulings publicly available.
6. If a requester provides false information or omits relevant facts or
circumstances relating to the advance ruling, or does not act in accordance with the ruling’s terms
and conditions, the importing Party may apply appropriate measures, including civil, criminal,
and administrative actions, monetary penalties, or other sanctions.
Article 5.11: Implementation
For each Central American Party and the Dominican Republic:
(a) Articles 5.2.2(b) and (c) and 5.7 shall apply one year after the date of
entry into force of this Agreement;
(b) Articles 5.1.1, 5.1.2, 5.4, and 5.10 shall apply two years after the date
of entry into force of this Agreement; and
(c) Article 5.3 shall apply three years after the date of entry into force of
this Agreement.
Article 5.12: Capacity Building
The Parties recognize the importance of trade capacity building activities in
facilitating the implementation of this Chapter. Accordingly, the initial capacity
building priorities of the working group on customs administration and trade facilitation under the
Committee on Trade Capacity Building should be related to implementation of this Chapter and any
other priorities that the Committee designates.
Return to Index
Chapter Two
1 For greater certainty, the territory
of Costa Rica includes Coco Island.
Chapter Three
1 For greater certainty, except as otherwise
provided in this Agreement, each Central American Party and the Dominican
Republic shall provide that any originating good is entitled to the tariff
treatment for the good set out in its Schedule to Annex 3.3, regardless of
whether the good is imported into its territory from the territory of the
United States or any other Party. An originating good may include a good
produced in a Central American Party or the Dominican Republic with
materials from the United States.
2 For greater certainty, this paragraph
applies, inter alia, to prohibitions or restrictions on the importation of
remanufactured goods.
3 Paragraphs 2, 3, 4, 6, and 7 of this Article
shall not apply between the Central American Parties or between any
Central American Party and the Dominican Republic.
4 For greater certainty, when the good is a
fiber, yarn, or fabric, the “component of the good that determines the
tariff classification of the good” is all of the fibers in the yarn,
fabric, or group of fibers.
5 For greater certainty, the term
“elastomeric yarns” does not include latex.
6 For purposes of this paragraph, “wholly
formed” means that all the production processes and finishing operations,
starting with the extrusion of filaments, strips, film, or sheet, and
including slitting a film or sheet into strip, or the spinning of all
fibers into yarn, or both, and ending with a finished yarn or plied yarn,
took place in the territory of a Party.
7 For purposes of this paragraph, “wholly formed,” when used in
reference to fabrics, means that all the production processes and
finishing operations, starting with the weaving, knitting, needling,
tufting, felting, entangling, or other process, and ending with a fabric
ready for cutting or assembly without further processing, took place in
the United States. The term “wholly formed,” when used in reference to
thread, means that all the production processes, starting with the
extrusion of filaments, strips, film, or sheet, and including slitting a
film or sheet into strip, or the spinning of all fibers into thread, or
both, and ending with thread, took place in the United States.
8 The controls identified in this
subparagraph do not apply to remanufactured goods.
9 The controls identified in this
subparagraph do not apply to remanufactured goods.
10 The controls
identified in this subparagraph do not apply to remanufactured goods.
11 The controls identified in this subparagraph do not apply to
remanufactured goods.
12The controls identified in this subparagraph do not apply to
remanufactured goods.
13 The controls identified in this subparagraph do not apply to
remanufactured goods.
14 The controls identified in this subparagraph do not apply to
remanufactured goods.
15 The controls identified in this subparagraph do not apply to
remanufactured goods.
16 For greater certainty, an importer may elect to make a claim for
preferential tariff treatment either under this Annex or under a Party’s
Schedule to Annex 3.3, provided that the good meets the applicable rules
of origin.
17 Notwithstanding paragraph 4, a good classified under heading 2208,
except tariff item 2208.90.10, that meets the rules of origin for the good
set out in Chapter Four (Rules of Origin and Origin Procedures) that is
imported directly from the territory of El Salvador into the territory of
the Dominican Republic or from the territory of the Dominican Republic
into the territory of El Salvador shall not be subject to duties.
18
For greater certainty, Costa Rica shall apply note 7(b) of Costa
Rica’s General Notes to Annex 3.3 to such goods.
19
For greater certainty, the Dominican Republic shall apply note 7(b)
of the Dominican Republic’s General Notes to Annex 3.3 to such goods.
20 For greater certainty, Nicaragua shall apply note 7(b) of
Nicaragua’s General Notes to Annex 3.3 to such goods.
21 For greater certainty, the Dominican Republic shall apply note 11(b)
of the Dominican Republic’s General Notes to Annex 3.3 to such goods.
22 For purposes of determining the country-specific application of
agricultural safeguard measures, the United States shall apply the
non-preferential rules of origin that it applies in the normal course of
trade.
23 For greater certainty, the applicable conditions for preferential
tariff treatment include Chapter Rules 1, 3, and 4 for Chapter 62 of the
specific rules of origin in Annex 4.1 (Specific Rules of Origin).
24 For purposes of this paragraph:
DZ means dozen;
M&B means men’s and boys’;
NO means number;
SMEF means SME factor; and
W&G means women’s and girls’.
25 For category 435, preferential tariff treatment is available only
for suit-type jackets classified in subheading 6204.31 and tariff items
6204.33.aa, 6204.39.aa, and 6204.39.dd.
26 For purposes of this paragraph:
DZ means dozen;
KG means kilogram;
DPR means dozen pairs;
M&B means men’s and boys’;
MMF means man-made fiber;
NO means number;
SMEF means SME factor; and
W&G means women’s and girls’.
Chapter Four
1 Paragraph
3 applies solely to goods classified under the following headings and
subheadings: 8407.31 through 8407.34 (engines), 8408.20 (diesel engines
for vehicles), 84.09 (parts of engines), 87.01 through 87.05 (motor
vehicles), 87.06 (chassis), 87.07 (bodies), and 87.08 (motor vehicle
parts). 2 Paragraph
5 applies solely to automotive materials classified under the following
headings and subheadings: 8407.31 through 8407.34 (engines), 8408.20
(diesel engines for vehicles), 84.09 (parts of engines), 87.06 (chassis),
87.07 (bodies), and 87.08 (motor vehicle parts). 3 Each
Central American Party and the Dominican Republic shall authorize
importers to provide electronic certifications beginning no later than three years after the date of entry
into force of this Agreement. 4 Each
Central American Party and the Dominican Republic shall implement
subparagraph (b) no later than three years after the date of entry into
force of this Agreement.
Chapter Five
1 A Party may require an importer to provide
sufficient guarantee in the form of a surety, a deposit, or some other
appropriate instrument, covering the ultimate payment of the customs duties,
taxes, and fees in connection with the
importation of the good.
2 For greater certainty, an importer, exporter,
or producer may submit a request for an advance ruling through a duly
authorized representative.
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