OAS

 

North American Free Trade Agreement

Chapter Three: National Treatment and Market Access for Goods

Article 317: Third Country Dumping

    1. The Parties affirm the importance of cooperation with respect to actions under Article 12 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade.

    2. Where a Party presents an application to another Party requesting antidumping action on its behalf, those Parties shall consult within 30 days respecting the factual basis of the request, and the requested Party shall give full consideration to the request.

Section E - Definitions

Article 318: Definitions

For purposes of this Chapter:

Annex 301.3: Exceptions to Articles 301 and 309

Section A - Canadian Measures

    1. Articles 301 and 309 shall not apply to controls by Canada on the export of logs of all species.

    2. Articles 301 and 309 shall not apply to controls by Canada on the export of unprocessed fish pursuant to the following existing statutes, as amended as of August 12, 1992:

      a) New Brunswick Fish Processing Act, R.S.N.B. c. F­18.01 (1982), and Fisheries Development Act, S.N.B. c. F15.1 (1977);

      b) Newfoundland Fish Inspection Act, R.S.N. 1990, c. F­12;

      c) Nova Scotia Fisheries Act, S.N.S. 1977, c. 9;

      d) Prince Edward Island Fish Inspection Act, R.S.P.E.I. 1988, c. F­13; and

      e) Quebec Marine Products Processing Act, No. 38, S.Q. 1987, c. 51.

    3. Articles 301 and 309 shall not apply to:

      a) except as provided in Annex 300-A, Appendix 300-A.1, paragraph 4, measures by Canada respecting the importation of any goods enumerated or referred to in Schedule VII of the Customs Tariff, R.S.C. 1985, c. 41 (3rd Supp.), as amended,

      b) measures by Canada respecting the exportation of liquor for delivery into any country into which the importation of liquor is prohibited by law under the existing provisions of the Export Act, R.S.C. 1985, c. E18, as amended,

      c) measures by Canada respecting preferential rates for certain freight traffic under the existing provisions of the Maritime Freight Rate Act, R.S.C. 1985, c. M-1, as amended,

      d) Canadian excise taxes on absolute alcohol used in manufacturing under the existing provisions of the Excise Tax Act, R.S.C. 1985, c. E-14, as amended, and

      e) measures by Canada prohibiting the use of foreign or non-duty paid ships in the coasting trade of Canada unless granted a license under the Coasting Trade Act, S.C. 1992, c. 31,

    to the extent that such provisions were mandatory legislation at the time of Canada's accession to the GATT and have not been amended so as to decrease their conformity with the GATT.

    4. Articles 301 and 309 shall not apply to quantitative import restrictions on goods that originate in the territory of the United States, considering operations performed in, or materials obtained from, Mexico as if they were performed in, or obtained from, a non-Party, and that are indicated by asterisks in Chapter 89 in Annex 401.2 (Tariff Schedule of Canada) of the Canada United States Free Trade Agreement for as long as the measures taken under the Merchant Marine Act of 1920, 46 App. U.S.C. §§ 883, and the Merchant Marine Act of 1936, 46 App. U.S.C. §§ 1171, 1176, 1241 and 1241o, apply with quantitative effect to comparable Canadian origin goods sold or offered for sale into the U.S. market.

    5. Articles 301 and 309 shall not apply to:

      a) the continuation or prompt renewal of a non-conforming provision of any statute referred to in paragraph 2 or 3; and

      b) the amendment to a non-conforming provision of any statute referred to in paragraph 2 or 3 to the extent that the amendment does not decrease the conformity of the provision with Articles 301 and 309.

Section B - Mexican Measures

    1. Articles 301 and 309 shall not apply to controls by Mexico on the export of logs of all species.

    2. Articles 301 and 309 shall not apply to:

      a) measures under the existing provisions of Articles 192 through 194 of the General Ways of Communication Act ("Ley de Vias Generales de Comunicación") reserving exclusively to Mexican vessels all services and operations not authorized for foreign vessels and empowering the Mexican Ministry of Communications and Transportation to deny foreign vessels the right to perform authorized services if their country of origin does not grant reciprocal rights to Mexican vessels; and

      b) export permit measures applied to goods for exportation to another Party that are subject to quantitative restrictions or tariff rate quotas adopted or maintained by that other Party.

    3. Articles 301 and 309 shall not apply to:

      a) the continuation or prompt renewal of a non-conforming provision of the statute referred to in paragraph 2(a); and

      b) the amendment to a non-conforming provision of the statute referred to in paragraph 2(a) to the extent that the amendment does not decrease the conformity of the provision with Articles 301 and 309.

    4. (a) Notwithstanding Article 309, for the first 10 years after the date of entry into force of this Agreement, Mexico may adopt or maintain prohibitions or restrictions on the importation of used goods provided for in the items, as of August 12, 1992, in the Tariff Schedule of the General Import Duty Act (Tarifa de la "Ley del Impuesto General de Importación") set out below:

    Note: (For purposes of reference only, descriptions are provided next to the corresponding item.)

      ItemDescription
      8407.34.99Gasoline engines of more than 1,000 cm3, except for motorcycles.
      8413.11.01Distributors fitted with a measuring device even if it includes a totalizing mechanism.
      8413.40.01Trailer type, from 36 up to 60 m3/hr capacity; without hydraulic elevator for the discharge hose.
      8426.12.01Mobile portals on tires and straddle carriers.
      8426.19.01Other (overhead travelling cranes, bridge cranes and straddle carriers).
      8426.30.01Portal cranes.
      8426.41.01Cranes with structural iron jib (lattice) with mechanical working, self-propelled, with unit weight up to 55 tons.
      8426.41.02Cranes with hydraulically actuated rigid jib, selfpropelled with maximum capacity above 9.9 tons and not exceeding 30 tons.
      8426.41.99Other (machinery and apparatus, self propelled, on tires.)
      8426.49.01Cranes with structural iron jib (lattice) with mechanical working, with unit weight up to 55 tons.
      8426.49.02Cranes with hydraulically actuated rigid jib, selfpropelled, with load capacity above 9.9 tons and not exceeding 30 tons.
      8426.91.01Cranes, other than those provided for in items 8426.91.02, 8426.91.03 and 8426.91.04.
      8426.91.02Cranes with hydraulic working, with articulated or rigid booms, with capacity up to 9.9 tons at 1 meter radius.
      8426.91.03Isolated elevating cranes, basket type, with carrying capacity equal to or less than 1 ton and up to 15 meters lift.
      8426.91.99Other (machinery and apparatus; designed for mounting on road vehicles).
      8426.99.01Cranes, other than those provided for in items 8426.91.02.
      8426.99.02Swivel cranes.
      8426.99.99Other (cranes and air cables ("blondines"); overhead travelling cranes, handling or unloading frames, bridge cranes, straddle carriers and straddle cranes).
      8427.10.01With load capacity up to 3,500 kilograms, measured at 620 millimeters from the frontal surface of the forks, without battery or loader.
      8427.20.01With explosion or internal combustion engine, with carrying capacity up to 7,000 kilograms, measured at 620 millimeters from the frontal surface of the forks.
      8428.40.99Other (escalators and moving walkways).
      8428.90.99Other (machinery and apparatus for lifting, loading, unloading or handling).
      8429.11.01Caterpillar type.
      8429.19.01Other (bulldozers and angledozers).
      8429.20.01Graders.
      8429.30.01Scrapers.
      8429.40.01Tamping machines.
      8429.51.02Frontend loader with hydraulic working, wheeltype, with capacity equal or less than 335 HP.
      8429.51.03Mechanical shovels, other than those provided for in item 8429.51.01.
      8429.51.99Other (mechanical shovels, excavators, loaders and frontend shovel loaders).
      8429.52.02Draglines or excavators, other than those provided for in item 8429.52.01.
      8429.52.99Other (machinery with a 360 revolving superstructure).
      8429.59.01Trenchers.
      8429.59.02Draglines, with dragging load capacity up to 4,000 kilograms.
      8429.59.03Draglines or excavators, other than those provided for in item 8429.59.04.
      8429.59.99Other (selfpropelled bulldozers, angledozers, graders, scrapers, mechanical shovels, excavators, loaders, shovel loaders, tamping machines and road rollers).
      8430.31.01Rotation and/or percussion perforators.
      8430.31.99Other (selfpropelled cutters, pullers or wrenchers and machines to open tunnels or galleries).
      8430.39.01Boring shields.
      8430.39.99Other (not selfpropelled cutters, pullers or wrenchers and machines to open tunnels or galleries).
      8430.41.01Boring or sinking machinery, other than those provided for in item 8430.41.02.
      8430.41.99Other (selfpropelled probing or boring machinery).
      8430.49.99Other (not selfpropelled probing or boring machinery).
      8430.50.01Excavators, frontal carriers with hydraulic mechanism, with capacity equal to or less than 335 h.p.
      8430.50.02Scrapers.
      8430.50.99Other (selfpropelled machinery and apparatus).
      8430.61.01Graders (pushers).
      8430.61.02Tamping or compacting rollers.
      8430.61.99Other (machinery and apparatus, not selfpropelled).
      8430.62.01Scarification machine (ripping machine).
      8430.69.01Scrapers, not selfpropelled.
      8430.69.02Trencher machine, other than those provided for in item 8430.69.03.
      8430.69.99Other (trenchers, other than those provided for in items 8430.69.01, 8430.69.02 and 8430.69.03).
      8452.10.01Sewing machines of the household type.
      8452.21.04Industrial machines, other than those provided for in items 8452.21.02, 8452.21.03 and 8452.21.05.
      8452.21.99Other (automatic sewing machines).
      8452.29.05Machines or heads for industrial use, with straight seams, straight needle and a rotating and oscillating thread linking device, double backstitching, flat bed and transportation only.
      8452.29.06Industrial machines, other than those provided for in items 8452.29.01, 8452.29.03 and 8452.29.05.
      8452.29.99Other (non-automatic sewing machines).
      8452.90.99Other (parts of sewing machines).
      8471.10.01Analogue or hybrid automatic data processing machines.
      8471.20.01Digital or numerical automatic data processing machines, containing in the same housing at least a central processing unit and an input and output unit.
      8471.91.01Numerical or digital processing units, even if presented with the rest of the system, including one or two of the following types of units contained in the same housing: storage units, input units, output unit.
      8471.92.99Other (input or output units whether or not entered with the rest of a system and whether or not containing storage units in the same housing).
      8471.93.01Storage units, including the rest of the system.
      8471.99.01Other (automatic data processing machines and units thereof).
      8474.20.01Crushing and grinding with two or more cylinders.
      8474.20.02Crushing jawbone and grinding millstone.
      8474.20.03Blade crushing machines.
      8474.20.04Crushing machines of balls or bars.
      8474.20.05Drawer cone crushing, with diameter no more than 1200 millimeters.
      8474.20.06Grinding hammer percussion.
      8474.20.99Other (machines and apparatus to break, crush or grind or pulverize dirt, stones and other solid mineral materials).
      8474.39.99Other (mixing machines).
      8474.80.99Other (machines and apparatus to classify, sieve, separate, break, crush, grind, mix, or knead dirt, stones and other mineral materials).
      8475.10.01Machines for assembling lamps.
      8477.10.01Injectionmolding machines for thermoplastic materials, up to 5 kg capacity for one molding model.
      8701.30.01Caterpillar tractors with an engine power at the flywheel equal to or above 105 h.p., but less than 380 h.p. measured at 1,900 rpm, including pushing blade.
      8701.90.02Railroad tractors, on tires with mechanical mechanism for pavement.
      8711.10.01Motorcycles fitted with an auxiliary motor with reciprocating piston engine not exceeding 50 cm3.
      8711.20.01Motorcycles fitted with an auxiliary motor with reciprocating piston engine over 50 cm3 but not over 250 cm3.
      8711.30.01Motorcycles fitted with an auxiliary motor with reciprocating piston engine over 250 cm3 but not over 500 cm3.
      8711.40.01Motorcycles fitted with an auxiliary motor with reciprocating piston engine over 500 cm3 but less than 550 cm3.
      8711.90.99Other (motorcycles, cycles fitted with an auxiliary motor and sidecars without a reciprocating piston engine, and that are not sidecars for motorcycles and velocipedes of any kind presented separately).
      8712.00.02Bicycles, other than of the type for racing.
      8712.00.99Other (cycles, not motorized, except bicycles, and tricycles for the transport of merchandise).
      8716.10.01Trailers and semitrailers for housing and camping, of the caravan type.
      8716.31.02Steeltank type tankers, including cryogenic or hoppers.
      8716.31.99Other (tankers except of the steeltank type, and of the thermal type for the transportation of milk).
      8716.39.01Trailers or semitrailers of the platform type, with or without stakes, including those accepted for the transport of boxes or metal baskets for cans and bottles or container carriers, or low beds, except those with hydraulic or pneumatic suspension and collapsible gooseneck.
      8716.39.02Trailers or semitrailers for the transport of vehicles.
      8716.39.04Trailers of the modularplatform type with directional axis, including transporter bridge section, hydraulic couplings or gooseneck or motor for hydraulic conditioning of the equipment.
      8716.39.05Semitrailers of the lowbed type, with pneumatic or hydraulic suspension and collapsible gooseneck.
      8716.39.06Trailers and semitrailers of the closedbox type, including refrigerated.
      8716.39.07Trailers and semitrailers of the steeltank type, including cryogenic and hoppers.
      8716.39.99Other (trailers and semitrailers for the transportation of goods, other than those provided for in items 8716.39.01, 8716.39.02, 8716.39.04, 8716.39.05, 8716.39.06 and 8716.39.07, and that are not vehicles for the transport of goods, with solid rubber wheels, nor doubledecker trailers or semitrailers of the type recognized as used exclusively for hauling cattle.
      8716.40.01Other trailers and semitrailers not used for transporting goods.
      8716.80.99Other (non-automotive vehicles except trailers or semitrailers, wheel barrows and handcarts, or wheel barrows of hydraulic operation).

      b) Notwithstanding subparagraph (a), Mexico shall not prohibit or restrict the importation, on a temporary basis, of used goods provided for in the items set out in subparagraph (c) for the provision of a crossborder service subject to Chapter Twelve (CrossBorder Trade in Services) or the performance of a contract subject to Chapter Ten (Government Procurement), provided that the imported goods

        (i) are necessary to the provision of the cross border service or the performance of the contract awarded to a supplier of another Party,

        (ii) are used solely by or under the supervision of the service provider or the supplier performing the contract,

        (iii) are not sold, leased or loaned while in the territory of Mexico,

        (iv) are imported in no greater quantity than is necessary for the provision of the service or the performance of the contract,

        (v) are reexported promptly on completion of the service or the contract, and

        (vi) comply with other applicable requirements on the importation of such goods to the extent they are not inconsistent with this Agreement.

      c) Subparagraph (b) applies to used goods provided for in the following items:

        ItemDescription
        8413.11.01Distributors fitted with a measuring device even if it includes a totalizing mechanism.
        8413.40.01Concrete pumps for liquids, not fitted with a measuring device from 36 up to 60 m3/hr capacity.
        8426.12.01Mobile portals on tires and straddle carriers.
        8426.19.01Other (overhead travelling cranes, bridge cranes and straddle carriers).
        8426.30.01Portal cranes.
        8426.41.01Cranes with hydraulically actuated rigid jib, selfpropelled with maximum capacity above 9.9 tons and not exceeding 30 tons.
        8426.41.02Cranes with structural iron jib (lattice) with mechanical working, selfpropelled, with unit weight up to 55 tons.
        8426.41.99Other (machinery and apparatus, self propelled, on tires.)
        8426.49.01Cranes with structural iron jib (lattice) with mechanical working, with unit weight up to 55 tons.
        8426.49.02Cranes with hydraulically actuated rigid jib, selfpropelled, with load capacity above 9.9 tons and not exceeding 30 tons.
        8426.91.01Cranes, other than those provided for in items 8426.91.02, 8426.91.03 and 8426.91.04.
        8426.99.01Cranes.
        8426.99.02Swivel cranes.
        8426.99.99Other (cranes and air cables ("blondines"); overhead travelling cranes, handling or unloading frames, bridge cranes, straddle carriers and straddle cranes).
        8427.10.01With load capacity up to 3,500 kilograms, measured at 620 millimeters from the frontal surface of the forks, without battery or loader.
        8428.40.99Other (escalators and moving walkways).
        8428.90.99Other (machinery and apparatus for lifting, loading, unloading or handling).
        8429.11.01Caterpillar type.
        8429.19.01Other (bulldozers and angledozers).
        8429.30.01Scrapers.
        8429.40.01Tamping machines.
        8429.51.02Frontend loader with hydraulic working, wheeltype, with capacity equal or less than 335 HP.
        8429.51.03Mechanical shovels, other than those provided for in item 8429.51.01.
        8429.51.99Other (mechanical shovels, excavators, loaders and frontend shovel loaders).
        8429.52.02Draglines or excavators, other than those provided for in item 8429.52.01.
        8429.52.99Other (machinery with a 360 revolving superstructure).
        8429.59.01Trenchers.
        8429.59.02Draglines, with dragging load capacity up to 4,000 kilograms.
        8429.59.03Draglines or excavators, other than those provided for in item 8429.59.04.
        8429.59.99Other (selfpropelled bulldozers, angledozers, graders, scrapers, mechanical shovels, excavators, loaders, shovel loaders, tamping machines and road rollers).
        8430.31.01Rotation and/or percussion perforators.
        8430.31.99Other (selfpropelled cutters, pullers or wrenchers and machines to open tunnels or galleries).
        8430.39.01Boring shields.
        8430.39.99Other (not selfpropelled cutters, pullers or wrenchers and machines to open tunnels or galleries).
        8430.41.01Boring or sinking machinery, other than those provided for in item 8430.41.02.
        8430.41.99Other (selfpropelled probing or boring machinery).
        8430.49.99Other (not selfpropelled probing or boring machinery).
        8430.50.01Excavators, frontal loaders with hydraulic mechanism, with capacity equal to or less than 335 h.p.
        8430.50.02Scrapers.
        8430.50.99Other (selfpropelled machinery and apparatus).
        8430.61.01Graders (pushers).
        430.61.02Tamping or compacting rollers.
        8430.62.01Scarification machine (ripping machine).
        8430.69.01Scrapers, not selfpropelled.
        8430.69.02Trencher machine, other than those provided for in item 8430.69.03.
        8430.69.99Other (trenchers, other than those provided for in items 8430.69.01, 8430.69.02 and 8430.69.03).
        8452.10.01Sewing machines of the household type.
        8452.21.04Industrial machines, other than those provided for in items 8452.21.02, 8452.21.03 and 8452.21.05.
        8452.21.99Other (automatic sewing machines).
        8452.29.06Industrial machines, other than those provided for in items 8452.29.01, 8452.29.03 and 8452.29.05.
        8452.29.99Other (non-automatic sewing machines).
        8452.90.99Other (parts of sewing machines).
        8471.10.01Analogue or hybrid automatic data processing machines.
        8474.20.01Crushing and grinding with two or more cylinders.
        8474.20.03Blade crushing machines.
        8474.20.04Crushing machines of balls or bars.
        8474.20.99Other (machines and apparatus to break, crush or grind or pulverize dirt, stones and other solid mineral materials).
        8474.39.99Other (mixing machines).
        8474.80.99Other (machines and apparatus to classify, sieve, separate, break, crush, grind, mix, or knead dirt, stones and other mineral materials).
        8477.10.01Injectionmolding machines for thermoplastic materials, up to 5 kg capacity for one molding model.
        8701.30.01Caterpillar tractors with an engine power at the flywheel equal to or above 105 h.p., but less than 380 h.p. measured at 1,900 rpm, including pushing blade.

        Section C - U.S. Measures

          1. Articles 301 and 309 shall not apply to controls by the United States on the export of logs of all species.

          2. Articles 301 and 309 shall not apply to:

            a) taxes on imported perfume containing distilled spirits under existing provisions of section 5001(a)(3) and 5007(b)(2) of the Internal Revenue Code of 1986, 26 U.S.C. 5001(a)(3), 5007(b)(2), and

            b) 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 United States' accession to the GATT and have not been amended so as to decrease their conformity with the GATT.

          3. Articles 301 and 309 shall not apply to:

            a) the continuation or prompt renewal of a non-conforming provision of any statute referred to in paragraph 2; and

            b) the amendment to a non-conforming provision of any statute referred to in paragraph 2 to the extent that the amendment does not decrease the conformity of the provision with Articles 301 and 309.

      Continue on to Annex 302.2: Tariff Elimination