North American Free Trade Agreement
NAFTA: Specific Rules of Origin
NAFTA Annex 401
January 1, 2003
List of Amendments to
NAFTA Annex 401
Other versions of NAFTA Annex 401
Specific Rules of Origin
Section A - General Interpretative Note
For purposes of interpreting the rules of origin set out in this Annex:
(a)
the new tariff items created for purposes of Chapter Four, shown generically
in the specific rules of origin by eight-digit numbers comprised of six
numeric and two alpha characters, refer to the Party-specific tariff items
shown in the table following Section B of this Annex;
(b)
the specific rule, or specific set of rules, that applies to a particular heading,
subheading or tariff item is set out immediately adjacent to the heading,
subheading or tariff item;
(c)
a rule applicable to a tariff item shall take precedence over a rule applicable
to the heading or subheading which is parent to that tariff item;
(d)
a requirement of a change in tariff classification applies only to non-
originating materials;
(e)
reference to weight in the rules for goods provided for in Chapter 1 through
24 of the Harmonized System means dry weight unless otherwise specified in
the Harmonized System;
(f)
paragraph 1 of Article 405 (De Minimis) does not apply to:
(i) certain non-originating materials used
in the production of goods provided for in the following tariff provisions:
Chapter 4 of the Harmonized System, heading 15.01 through 15.08, 15.12,
15.14, 15.15 or 17.01 through 17.03, subheading 1806.10, tariff item
1901.10.aa (infant preparations containing over 10 percent by weight of milk
solids), 1901.20.aa (mixes and doughs, containing over 25 percent by weight
of butterfat, not put up for retail sale) or 1901.90.aa (dairy preparations
containing over 10 percent by weight of milk solids), subheading 2009.11
through 2009.30 or 2009.90, heading 21.05, tariff item 2101.11.aa (instant
coffee, not flavored), 2106.90.bb (concentrated fruit or vegetable juice of
any single fruit or vegetable, fortified with minerals or vitamins),
2106.90.cc (concentrated mixtures of fruit or vegetable juice, fortified
with minerals or vitamins), 2106.90.dd (preparations containing over 10
percent by weight of milk solids), 2202.90.aa (fruit or vegetable juice of
any single fruit or vegetable, fortified with minerals or vitamins),
2202.90.bb (mixtures of fruit or vegetable juices, fortified with minerals
or vitamins) or 2202.90.cc (beverages containing milk), heading 22.07
through 22.08, tariff item 2309.90.aa (animal feeds containing over 10
percent by weight of milk solids) or 7321.11.aa (gas stove or range),
subheading 8415.10, 8415.20 through 8415.83, 8418.10 through 8418.21,
8418.29 through 8418.40, 8421.12, 8422.11, 8450.11 through 8450.20 or
8451.21 through 8451.29, tariff item 8479.89.aa (trash compactors) or
8516.60.aa (electric stove or range),
(ii)
a printed circuit assembly that is a
non-originating material used in the production of a good where the
applicable change in tariff classification for the good places restrictions
on the use of such non- originating material, and
(iii) a non-originating material used in the
production of a good provided for in Chapter 1 through 27 of the Harmonized
System unless the non-originating material is provided for in a different
subheading than the good for which origin is being
determined;
(g)
paragraph 6 of Article 405 (De
Minimis) applies to
a good provided for in Chapter 50 through 63; and
(h)
the following definitions apply:
chapter
means a chapter of
the Harmonized System;
heading
means the first four
digits in the tariff classification number under the Harmonized System;
section
means a section of
the Harmonized System;
subheading
means the first
six digits in the tariff classification number under the Harmonized System;
and
tariff item means the first
eight digits in the tariff classification number under the Harmonized System
as implemented by each Party.
Section B - Specific Rules of Origin
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