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North American Free Trade Agreement - Annex 401


(Continuation)

Section B - Specific Rules of Origin

Section VI - Products of the Chemical or Allied Industries (Chapter 28-38)

Chapter 30 Pharmaceutical Products
3001.10-3001.20 A change to subheading 3001.10 through 3001.20 from any other heading; or
A change to subheading 3001.10 through 3001.20 from any other subheading within heading 30.01, including another subheading within that group, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or (b) 50 percent where the net cost method is used.

3001.90 A change to subheading 3001.90 from any other subheading.
3002.10-3002.90

 A change to subheading 3002.10 through 3002.90 from any other subheading, including another subheading within that group.

3003.10-3003.90

A change to subheading 3003.10 through 3003.90 from any other heading; or

A change to subheading 3003.10 through 3003.90 from any other subheading within heading 30.03, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or (b) 50 percent where the net cost method is used.

3004.10-3004.32

A change to subheading 3004.10 through 3004.32 from any other heading, except from heading 30.03; or

A change to subheading 3004.10 through 3004.32 from heading 30.03 or any other subheading within heading 30.04, including another subheading within that group, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or (b) 50 percent where the net cost method is used.

3004.39

A change to subheading 3004.39 from any other subheading.

3004.40-3004.50

A change to subheading 3004.40 through 3004.50 from any other heading, except from heading 30.03; or

A change to subheading 3004.40 through 3004.50 from heading 30.03 or any other subheading within heading 30.04, including another subheading within that group, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or (b) 50 percent where the net cost method is used.

3004.90 A change to subheading 3004.90 from any other subheading.
3005.10-3005.90

A change to subheading 3005.10 through 3005.90 from any other heading; or

A change to subheading 3005.10 through 3005.90 from any other subheading within heading 30.05, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or (b) 50 percent where the net cost method is used.

3006.10 A change to subheading 3006.10 from any other heading; or

A change to subheading 3006.10 from any other subheading within heading 30.06, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or (b) 50 percent where the net cost method is used.

3006.20

A change to subheading 3006.20 from any other subheading.

3006.30-3006.60

A change to subheading 3006.30 through 3006.60 from any other heading; or

A change to subheading 3006.30 through 3006.60 from any other subheading within heading 30.06, including another subheading within that group, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or (b) 50 percent where the net cost method is used.

Chapter 31 Fertilizers
31.01 A change to heading 31.01 from any other heading.
3102.10-3105.90

A change to subheading 3102.10 through 3105.90 from any other subheading, including another subheading within that group.

Chapter 32

Tanning or Dyeing Extracts; Tannins and Their Derivatives; Dyes, Pigments and Other Colouring Matter; Paints and Varnishes; Putty and Other Mastics; Inks

3201.10-3202.90

A change to subheading 3201.10 through 3202.90 from any other subheading, including another subheading within that group.

32.03 A change to heading 32.03 from any other heading.
3204.11-3204.16

A change to subheading 3204.11 through 3204.16 from any other subheading, including another subheading within that group.

3204.17 For any color, as defined under the Color Index, identified in the following List of Colors, a change to subheading 3204.17 from any other subheading:
List of Colors

pigment yellow: 1, 3, 16, 55, 61, 62, 65, 73, 74, 75, 81, 97, 120, 151, 152, 154, 156, and 175

pigment orange: 4, 5, 13, 34, 36, 60, and 62

pigment red: 2, 3, 5, 12, 13, 14, 17, 18, 19, 22, 23, 24, 31, 32, 48, 49, 52, 53, 57, 63, 112, 119, 133, 146, 170, 171, 175, 176, 183, 185, 187, 188, 208, and 210; or

For any color, as defined under the Color Index, not identified in the List of Colors:

(a) a change to subheading 3204.17 from any other subheading, except from within Chapter 29; or

(b) a change to subheading 3204.17 from any subheading within Chapter 29, whether or not there is also a change from any other subheading, provided there is a regional value content of not less than:

(i) 60 percent where the transaction value method is used, or (ii) 50 percent where the net cost method is used.

3204.19 A change to subheading 3204.19 from any other heading; or

A change to subheading 3204.19 from any other subheading within heading 32.04, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3204.20-3204.90

A change to subheading 3204.20 through 3204.90 from any other chapter, except from Chapter 28 through 38; or

A change to subheading 3204.20 through 3204.90 from any other subheading within Chapter 28 through 38, including another subheading within that group, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:


(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

32.05

A change to heading 32.05 from any other heading.

3206.11-3206.50

A change to subheading 3206.11 through 3206.50 from any other chapter, except from Chapter 28 through 38; or

A change to subheading 3206.11 through 3206.50 from any other subheading within Chapter 28 through 38, including another subheading within that group, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3207.10-3207.40

A change to subheading 3207.10 through 3207.40 from any other subheading, including another subheading within that group.

32.08-32.10

A change to heading 32.08 through 32.10 from any heading outside that group.

32.11

A change to heading 32.11 from any other heading.

3212.10-3212.90

A change to subheading 3212.10 through 3212.90 from any other subheading, including another subheading within that group.

32.13 A change to heading 32.13 from any other heading.
3214.10-3214.90

A change to subheading 3214.10 through 3214.90 from any other subheading, including another subheading within that group.

32.15

A change to heading 32.15 from any other heading.

Chapter 33 Essential Oils and Resinoids; Perfumery, Cosmetic or Toilet Preparations
3301.11 A change to subheading 3301.11 from any other subheading.
3301.12-3301.13

A change to subheading 3301.12 through 3301.13 from any other chapter; or

A change to subheading 3301.12 through 3301.13 from any other subheading within Chapter 33, including another subheading within that group, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3301.14

A change to subheading 3301.14 from any other subheading.

3301.19 A change to subheading 3301.19 from any other chapter; or
A change to subheading 3301.19 from any other subheading within Chapter 33, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3301.21-3301.26 A change to subheading 3301.21 through 3301.26 from any other subheading, including another subheading within that group.
3301.29-3301.90 A change to subheading 3301.29 through 3301.90 from any other chapter; or
A change to subheading 3301.29 through 3301.90 from any other subheading within Chapter 33, including another subheading within that group, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or (b) 50 percent where the net cost method is used.

33.02 A change to heading 33.02 from any other heading, except from heading 22.07 through 22.08.
33.03 A change to heading 33.03 from any other chapter; or

A change to heading 33.03 from any other heading within Chapter 33, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3304.10-3305.90

 A change to subheading 3304.10 through 3305.90 from any heading outside that group, except from heading 33.06 through 33.07; or

A change to subheading 3304.10 through 3305.90 from any other subheading within that group or heading 33.06 through 33.07, whether or not there is also a change from any heading outside that group, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3306.10

A change to subheading 3306.10 from any other heading, except from heading 33.04 through 33.05 or 33.07; or

A change to subheading 3306.10 from heading 33.04 through 33.05 or 33.07, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3306.20

A change to subheading 3306.20 from any other subheading, except from heading 52.01 through 52.03, Chapter 54 or heading 55.01 through 55.07.

3306.90

A change to subheading 3306.90 from any other heading, except from heading 33.04 through 33.05 or 33.07; or

A change to subheading 3306.90 from heading 33.04 through 33.05 or 33.07, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3307.10-3307.90

A change to subheading 3307.10 through 3307.90 from any other heading, except from heading 33.04 through 33.06; or

A change to subheading 3307.10 through 3307.90 from heading 33.04 through 33.06, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or (b) 50 percent where the net cost method is used.

Chapter 34 Soap, Organic Surface-active Agents, Washing Preparations, Lubricating Preparations, Artificial Waxes, Prepared Waxes, Polishing or Scouring Preparations, Candles and Similar Articles, Modelling Pastes, "Dental Waxes" and Dental Preparations with a Basis of Plaster
3401.11-3401.20

A change to subheading 3401.11 through 3401.20 from any other heading; or

A change to subheading 3401.11 through 3401.20 from any other subheading within heading 34.01, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 65 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3402.11-3402.12 A change to subheading 3402.11 through 3402.12 from any other heading, except to linear alkylbenzene sulfonic acid or linear alkylbenzene sulfonates of subheading 3402.11 from linear alkylbenzene of subheading 3817.10; or

A change to subheading 3402.11 through 3402.12 from any other subheading, including another subheading within heading 34.02, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 65 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3402.13

A change to subheading 3402.13 from any other subheading.

3402.19 A change to subheading 3402.19 from any other heading; or

A change to subheading 3402.19 from any other subheading within heading 34.02, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 65 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3402.20-3402.90

A change to subheading 3402.20 through 3402.90 from any subheading outside that group; or

A change to subheading 3402.20 through 3402.90 from any other subheading within that group, whether or not there is also a change from any subheading outside that group, provided there is a regional value content of not less than:

(a) 65 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3403.11-3403.99

A change to subheading 3403.11 through 3403.99 from any other subheading, including another subheading within that group.

3404.10-3404.90

A change to subheading 3404.10 through 3404.90 from any other subheading, including another subheading within that group.

3405.10-3405.40

A change to subheading 3405.10 through 3405.40 from any other subheading, including another subheading within that group.

3405.90 A change to subheading 3405.90 from any other heading; or

A change to subheading 3405.90 from any other subheading within heading 34.05, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 65 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

34.06-34.07

A change to heading 34.06 through 34.07 from any other heading, including another heading within that group.

Chapter 35

Albuminoidal Substances; Modified Starches; Glues; Enzymes

3501.10-3501.90

A change to subheading 3501.10 through 3501.90 from any other subheading, including another subheading within that group.

3502.11-3502.19 A change to subheading 3502.11 through 3502.19 from any subheading outside that group.
3502.20-3502.90

A change to subheading 3502.20 through 3502.90 from any other subheading, including another subheading within that group.

35.03-35.04 A change to heading 35.03 through 35.04 from any other heading, including another heading within that group.
3505.10-3505.20

A change to subheading 3505.10 through 3505.20 from any other heading; or

A change to subheading 3505.10 through 3505.20 from any other subheading within heading 35.05, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 65 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3506.10-3506.99

A change to subheading 3506.10 through 3506.99 from any other heading; or

A change to subheading 3506.10 through 3506.99 from any other subheading within heading 35.06, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 65 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3507.10-3507.90

A change to subheading 3507.10 through 3507.90 from any other subheading, including another subheading within that group.

Chapter 36 Explosives; Pyrotechnic Products; Matches; Pyrophoric Alloys; Certain Combustible Preparations
36.01-36.03 A change to heading 36.01 through 36.03 from any other heading, including another heading within that group.
3604.10-3604.90 A change to subheading 3604.10 through 3604.90 from any other heading; or
A change to subheading 3604.10 through 3604.90 from any other subheading within heading 36.04, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 65 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

36.05 A change to heading 36.05 from any other heading.
3606.10 A change to subheading 3606.10 from any other subheading.
3606.90 A change to subheading 3606.90 from any other heading; or
A change to subheading 3606.90 from any other subheading within heading 36.06, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 65 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

Chapter 37 Photographic or Cinematographic Goods

37.01-37.03

A change to heading 37.01 through 37.03 from any other chapter.
37.04 A change to heading 37.04 from any other heading.
37.05-37.06

A change to heading 37.05 through 37.06 from any heading outside that group.

3707.10-3707.90 A change to subheading 3707.10 through 3707.90 from any other chapter; or
A change to subheading 3707.10 through 3707.90 from any other subheading within Chapter 37, including another subheading within that group, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:

(a) 65 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

Chapter 38 Miscellaneous Chemical Products
3801.10-3801.90 A change to subheading 3801.10 through 3801.90 from any other subheading, including another subheading within that group.
3802.10-3802.90 A change to subheading 3802.10 through 3802.90 from any other heading; or
A change to subheading 3802.10 through 3802.90 from any other subheading within heading 38.02, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

 38.03-38.04

A change to heading 38.03 through 38.04 from any other heading, including another heading within that group.

3805.10-3805.90

A change to subheading 3805.10 through 3805.90 from any other subheading, including another subheading within that group.

3806.10-3806.90 A change to subheading 3806.10 through 3806.90 from any other subheading, including another subheading within that group.
38.07 A change to heading 38.07 from any other heading.
38.08 Note: A material, imported into the territory of a Party for use in the production of a good classified under heading 38.08, shall be treated as a material originating in the territory of a Party if:

(a) such material is eligible, in the territories of both that Party and the Party to whose territory the good is exported, for duty-free treatment at the most-favored-nation rate of duty, or

(b) the good is exported to the territory of the United States and such material would, if imported into the territory of the United States, be free of duty under a trade agreement that is not subject to a competitive need limitation.

A change to heading 38.08 from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used and the good contains no more than one active ingredient, or 80 percent where the transaction value method is used and the good contains more than one active ingredient, or

(b) 50 percent where the net cost method is used and the good contains no more than one active ingredient, or 70 percent where the net cost method is used and the good contains more than one active ingredient.

3809.10

A change to subheading 3809.10 from any other subheading, except from subheading 3505.10; or

A change to subheading 3809.10 from subheading 3505.10, whether or not there is also a change from any other subheading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3809.91-3809.92

A change to subheading 3809.91 through 3809.92 from any other subheading, including another subheading within that group.

3809.93 A change to subheading 3809.93 from any other heading; or

A change to subheading 3809.93 from any other subheading within heading 38.09, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3810.10-3810.90

A change to subheading 3810.10 through 3810.90 from any other chapter, except from Chapter 28 through 38; or

A change to subheading 3810.10 through 3810.90 from any other subheading within Chapter 28 through 38, including another subheading within that group, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3811.11-3811.19

A change to subheading 3811.11 through 3811.19 from any other chapter, except from Chapter 28 through 38; or

A change to subheading 3811.11 through 3811.19 from any other subheading within Chapter 28 through 38, including another subheading within that group, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3811.21-3811.29 A change to subheading 3811.21 through 3811.29 from any other subheading, including another subheading within that group.
3811.90 A change to subheading 3811.90 from any other chapter, except from Chapter 28 through 38; or

A change to subheading 3811.90 from any other subheading within Chapter 28 through 38, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3812.10-3812.30

A change to subheading 3812.10 through 3812.30 from any other chapter, except from Chapter 28 through 38; or

A change to subheading 3812.10 through 3812.30 from any other subheading within Chapter 28 through 38, including another subheading within that group, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

38.13-38.14

 A change to heading 38.13 through 38.14 from any other heading, including another heading within that group.

3815.11-3815.90

A change to subheading 3815.11 through 3815.90 from any other subheading, including another subheading within that group.

38.16

A change to heading 38.16 from any other chapter, except from Chapter 28 through 38; or

A change to heading 38.16 from any other subheading within Chapter 28 through 38, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3817.10-3817.20 A change to subheading 3817.10 through 3817.20 from any other subheading, including another subheading within that group.
38.18-38.19 A change to heading 38.18 through 38.19 from any other heading, including another heading within that group.
38.20

A change to heading 38.20 from any other heading, except from subheading 2905.31 or 2905.49; or

A change to heading 38.20 from subheading 2905.31 or 2905.49, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:


(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

38.21 A change to heading 38.21 from any other heading, except from heading 35.03; or

A change to heading 38.21 from heading 35.03, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

38.22

A change to heading 38.22 from any other chapter, except from Chapter 28 through 38; or

A change to heading 38.22 from any other subheading within Chapter 28 through 38, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3823.11-3823.13 A change to subheading 3823.11 through 3823.13 from any other heading, except from heading 15.20.
3823.19 A change to subheading 3823.19 from any other subheading.
3823.70

A change to subheading 3823.70 from any other heading, except from heading 15.20.

3824.10-3824.20

A change to subheading 3824.10 through 3824.20 from any other subheading, including another subheading within that group.

3824.30

A change to subheading 3824.30 from any other subheading, except from heading 28.49; or

A change to subheading 3824.30 from heading 28.49, whether or not there is also a change from any other subheading, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

3824.40-3824.60

A change to subheading 3824.40 through 3824.60 from any other subheading, including another subheading within that group.

3824.71-3824.90

A change to subheading 3824.71 through 3824.90 from any other chapter, except from Chapter 28 through 38; or

A change to subheading 3824.71 through 3824.90 from any other subheading within Chapter 28 through 38, including another subheading within that group, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:

(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

Continue on to Chapter 39