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OFFICIAL TEXT OF PUBLIC DOMAIN:

USMCA-COMMERCIAL AGREEMENT BETWEEN THE UNITED STATES CANADA AND MEXICO

SECOND SECTION EXECUTIVE BRANCH

SECRETARY OF FOREIGN AFFAIRS

  1. DECREE promulgating the Protocol by which the North American Free Trade Agreement is replaced by the Agreement between the United Mexican States, the United States of America and Canada, signed in Buenos Aires, on November 30, two thousand eighteen; of the Protocol Modifying the Treaty between the United Mexican States, the United States of America and Canada, carried out in Mexico City on December 10, two thousand and nineteen; of six parallel agreements between the Government of the United Mexican States and the Government of the United States of America, concluded through an Exchange of Notes dated in Buenos Aires, November 30, two thousand and eighteen, and of two parallel agreements between the Government of the United States of America United Mexicans and the Government of the United States of America, held in Mexico City,on December 10, two thousand and nineteen.

In the margin a seal with the National Shield, which reads: United Mexican States.- Presidency of the Republic.

ANDRÉS MANUEL LÓPEZ OBRADOR  , PRESIDENT OF THE UNITED MEXICAN STATES, to its inhabitants, know:

On November 30, two thousand and eighteen, in Buenos Aires, and on December 10, two thousand and nineteen, in Mexico City, the Plenipotentiary of the United Mexican States, duly authorized for that purpose, signed   ad referendum   the Protocol by the which the North American Free Trade Agreement is replaced by the Agreement between the United Mexican States, the United States of America and Canada, and six parallel agreements with the Government of the United States of America, as well as the Protocol of Modification of the Agreement between the United Mexican States. United States, United States of America and Canada, and two parallel agreements with the Government of the United States of America, respectively, whose text in Spanish appears in an attached certified copy.

The Protocol, the Modifying Protocol and the aforementioned parallel agreements were approved by the Chamber of Senators of the Honorable Congress of the Union, on June 19 and December 12, two thousand and nineteen, according to decrees published in the Official Gazette of the Federation July Twenty-nine, two thousand nineteen and January twenty-one, two thousand and twenty.

The notifications required for the entry into force of the Protocol and the Modifying Protocol were made in the cities of Ottawa, Mexico and Washington, DC, on April 2 and 24, two thousand and twenty, respectively. The notifications made between the Governments of the United Mexican States and the United States of America include parallel agreements between both Governments.

Therefore, for its due observance, in compliance with the provisions of subsection I of article 89 of the Political Constitution of the United Mexican States, I promulgate this Decree, at the residence of the Federal Executive Power, in Mexico City, on the 22nd June 2020.

TRANSIENT

SOLE.-   This Decree shall enter into force on July 1, two thousand and twenty.

Andrés Manuel López   Obrador.- Signature.- The Secretary of Foreign Relations,   Marcelo Luis Ebrard Casaubon.-   Signature.

ALEJANDRO CELORIO ALCÁNTARA, LEGAL ADVISOR OF THE SECRETARIAT OF FOREIGN AFFAIRS,

CERTIFIES:

That in the archives of this Secretariat is the original corresponding to Mexico of the Protocol that Replaces the North American Free Trade Agreement with the Agreement between the United Mexican States, the United States of America and Canada, made in Buenos Aires, 30 of November two thousand and eighteen; of the Protocol Modifying the Treaty between the United Mexican States, the United States of America and Canada, carried out in Mexico City on December 10, two thousand and nineteen; of six parallel agreements between the Government of the United Mexican States and the Government of the United States of America, concluded by means of an Exchange of Notes dated in Buenos Aires, November 30, two thousand and eighteen, and of two parallel agreements between the Government of the United States of America United Mexicans and the Government of the United States of America,held in Mexico City, on December 10, two thousand and nineteen, whose text in Spanish is as follows:

PROTOCOL REPLACING THE NORTH AMERICA FREE TRADE AGREEMENT BY THE AGREEMENT BETWEEN THE UNITED MEXICAN STATES, THE UNITED STATES OF AMERICA AND CANADA

The United Mexican States, the United States of America and Canada (the “Parties”),

TAKING INTO CONSIDERATION   the North American Free Trade Agreement, which entered into force on January 1, 1994 (the “NAFTA”),

HAVING UNDERTAKEN   negotiations to amend NAFTA pursuant to Article 2202 of NAFTA that resulted in the Agreement between the United States of Mexico, the United States of America, and Canada (the “T-MEC”);

Have agreed as follows:

  1. Upon the entry into force of this Protocol, the T-MEC, attached as an Annex to this Protocol, will replace NAFTA, without prejudice to the provisions established in the T-MEC that refer to the provisions of the
  2. Each Party shall notify the other Parties, in writing, once it has completed the internal procedures required for the entry into force of this Protocol. This Protocol and its Annex shall enter into force on the first day of the third month following the last notification.
  3. Upon the entry into force of this Protocol, the Labor Cooperation Agreement for North America, signed in Mexico, Washington and Ottawa on September 8, 9, 12 and 14, 1993 shall be deemed to

IN WITNESS WHEREOF, the undersigned, duly authorized by their respective governments, have signed this Protocol.

DONE in Buenos Aires, on the 30th day of November, two thousand and eighteen, in triplicate, in the Spanish, English and French languages, each text being equally authentic.

For the Government of the United Mexican States.- Signature.- For the Government of the United States of America.- Signature.- For the Government of Canada.- Signature.

TREATY BETWEEN THE UNITED MEXICAN STATES, THE UNITED STATES OF AMERICA AND CANADA

PREAMBLE

The Government of the United Mexican States, the Government of the United States of America, and the Government of Canada (collectively «the Parties»), determined:

RE-STRENGTHEN the long-standing friendship between them and their peoples, and the solid economic cooperation that has developed through trade and investment;

ADVANCE the strengthening of its close economic relations;

REPLACE the 1994 North American Free Trade Agreement with a new high-level 21st century agreement to support mutually beneficial trade that leads to freer and fairer markets and strong economic growth in the region;

PRESERVE AND EXPAND regional trade and production, further promoting the production and supply of goods and materials in the region;

IMPROVE AND PROMOTE the competitiveness of exporting and regional companies in global markets and the conditions of fair competition in the region;

ACKNOWLEDGE that small and medium-sized enterprises, including micro-enterprises (SMEs), contribute significantly to economic growth, employment, community development, youth participation, and innovation, and seek to support their growth and development by enhancing their ability to participate in and benefit from the opportunities created by this Agreement;

ESTABLISH a clear, transparent and predictable legal and commercial framework for business planning that supports further expansion of trade and investment;

FACILITATE trade between the Parties by promoting efficient and transparent customs processes that reduce costs and ensure predictability for importers and exporters, and promote the expansion of cooperation in trade facilitation and enforcement;

RECOGNIZE their inherent rights to regulate and their determination to preserve the flexibility of the Parties to establish legislative and regulatory priorities, and to protect legitimate public welfare objectives, such as public health, safety, protection of the environment, conservation of the living or not . non-renewable living natural resources, the integrity and stability of the financial system and public morals, in accordance with the rights and obligations established in this Treaty;

FACILITATE trade in goods and services between the Parties by preventing, identifying and eliminating unnecessary technical obstacles to trade, improving transparency and promoting good regulatory practices;

PROTECT the health and lives of people and animals or preserve plants and encourage science-based decision making while facilitating trade between them;

ELIMINATE obstacles to international trade that are more restrictive than necessary;

PROMOTE high levels of environmental protection, including through the effective application by each of the Parties of its environmental laws, as well as through the improvement of environmental cooperation and the promotion of sustainable development objectives, including through commercial policies and practices. and a mutually supportive environment;

PROMOTE the protection and observance of labor rights, the improvement of working conditions, the strengthening of cooperation and the capacity of the Parties in labor matters;

RECOGNIZE that implementing government-wide practices to promote regulatory quality through greater transparency, objective analysis, accountability, and predictability, can facilitate international trade, investment, and economic growth, while contributing to the ability to each Party to achieve its public policy objectives. ;

PROMOTE transparency, good governance and the rule of law, and eliminate bribery and corruption in trade and investment;

RECOGNIZE the importance of increasing the participation of indigenous peoples in trade and investment;

SEEK to facilitate the equitable access of women and men to the opportunities created by this Agreement and the ability to benefit from them, and to support the conditions for the full participation of women in trade and national, regional and international investments;

RECOGNIZES the important work that its competent authorities are doing to strengthen macroeconomic cooperation; AND

ESTABLISH a Treaty that addresses future trade and investment challenges and opportunities and contributes to promoting their respective priorities over time;

HAVE AGREED as follows:

CHAPTER 1

INITIAL PROVISIONS AND GENERAL DEFINITIONS

Section A: Initial provisions Article 1.1: Establishment of a free trade area

The Parties, in accordance with Article XXIV of the GATT 1994 and Article V of the GATS, establish a free trade area.

Article 1.2: Relationship with other agreements

Each Party confirms its existing rights and obligations between them under the WTO Agreement and other agreements to which that Party and another Party are party.

Article 1.3: Persons who exercise delegated governmental powers

Each Party shall ensure that a person to whom a Party has delegated regulatory, administrative or other governmental authority acts in accordance with the obligations of that Party set forth in this Agreement in the exercise of that authority.

Section B: General definitions Article 1.4: General definitions

For the purposes of this Agreement, unless otherwise provided:

TRIPS Agreement   means the   Agreement on Trade-Related Aspects of Intellectual Property Rights   , contained in Annex 1C of the WTO Agreement; 1

Antidumping Agreement   means the   Agreement Relating to the Application of Article VI of the General Agreement on Tariffs and Trade of 1994   , contained in Annex 1A of the WTO Agreement;

Customs Valuation Agreement   means the   Agreement Relating to the Application of Article VII of the General Agreement on Tariffs and Trade of 1994,    contained in Annex 1A of the WTO Agreement;

SPS Agreement   means the   Agreement on the Application of Sanitary and Phytosanitary Measures,   contained in Annex 1A of the WTO Agreement;

SCM Agreement   means the   Agreement on Subsidies and Countervailing Measures,   contained in Annex 1A of the WTO Agreement;

WTO Agreement   means the   Marrakesh Agreement establishing the World Trade Organization   , done at Marrakesh on April 15, 1994;

Agreement on Safeguards   means the   Agreement on Safeguards   , contained in Annex 1A of the WTO Agreement;

customs administration   means the competent authority that is responsible under the legal system of a Party for the administration of customs laws and regulations or any successor to that customs administration;

GATS   means the   General Agreement on Trade in Services   , contained in Annex 1B of the WTO Agreement;

Customs duties   include a duty or charge of any kind applied to the importation of or in connection with a good, and any form of surcharge or surcharge applied in connection with such importation, but does not include:

  • charge equivalent to an internal tax applied in accordance with Article III: 2 of the GATT 1994;
  • duty or other charge related to importation proportional to the cost of the services rendered;
  • anti-dumping duty or countervailing measure; AND
  • premium offered or collected on an imported good, derived from any type of bidding system regarding the administration of quantitative restrictions on imports, tariff quotas or levels of tariff preference;

Commission   means the   Free Trade Commission established in accordance with Article 30.1 (Establishment of the Free Trade Commission);

public procurement   means the process by which a government obtains the use or purchases of goods or services, or any combination thereof, for governmental purposes and not for the purpose of commercial sale or resale, or use in the production or supply of goods or services. services. commercial sale or resale services;

Articles of Agreement of the IMF   means the   Articles of Agreement of the International Monetary Fund   , made at Bretton Woods, United States, on July 22, 1944;

days   means   calendar days , including weekends and holidays;

company   means any entity incorporated or organized under applicable law, whether for profit or not, and whether privately owned or under government ownership or control, including a partnership, trust, participation, sole proprietorship, joint venture, association or similar organization

State enterprise   means an enterprise that is owned or controlled by domain rights by a Party;

1 For greater certainty, the TRIPS Agreement includes any exemption in force between the Parties of any provision of the TRIPS Agreement granted by WTO Members in accordance with the WTO Agreement.

enterprise of a Party   means an enterprise incorporated or organized under the legal system of a Party;

Dispute Settlement Understanding (DSU)   means the   Understanding on the Rules and Procedures that govern Dispute Settlement   , contained in Annex 2 of the WTO Agreement;

existing   means in force on the date of entry into force of this Agreement;

GATT 1994   means the   General Agreement on Tariffs and Trade of 1994   , contained in Annex 1A of the WTO Agreement;

Unlawful Customs   means any act committed with the purpose or with the effect of evading the laws or regulations of a Party with respect to the provisions of this Agreement that regulate imports or exports between territories or the transit of goods through them. of the Parties, specifically those that violate any law or customs regulation on import or export restrictions or prohibitions, tax evasion, transshipment, falsification of documents related to the import or export of merchandise, fraud or contraband of merchandise;

individual   means a natural person;

covered investment   means, with respect to a Party, an investment in its territory of an investor of another Party that exists on the date of entry into force of this Agreement or that is subsequently established, acquired or expanded;

reclaimed material   means a material in the form of one or more individual parts that results from:

  • the disassembly of a used merchandise into individual parts; AND
  • cleaning, inspection, testing or other processing of those parts that are necessary for the improvement of operating conditions;

measure   includes any law, regulation, procedure, requirement or practice;

 As  SPS  means a measure mentioned in paragraph 1 of Annex A of the SPS;

merchandise   means a good, product, article or material;

goods of a Party   means domestic products as understood in the GATT 1994 or those goods that the Parties agree, and includes originating goods of a Party;

remanufactured good   means a good classified in Chapters 84 through 90 or in the heading

  • of the Harmonized System, except the goods classified in headings 84.18, 85.09, 85.10 and 85.16, 87.03 or subheadings 8414.51, 8450.11, 8450.12, 8508.11 and 8517.11 of the Harmonized System, which are made up totally or partially of recovered materials and:
    • It has a similar life expectancy and works the same or similar to a new merchandise; AND
    • Has a factory warranty similar to that for new merchandise;

 Merchandise  textile or clothing: goods  textile or apparel classified in subheading 4202.12, 4202.22, 4202.32 or 4202.92 (suitcases, handbags and similar articles with outer surface of textile materials), heading 50.04 to 50.07, 51.04 to 51.13, 52.04 to 52.12, 53.03 to 53.11, Chapter 54 to 63, heading 66.01 (umbrellas) or heading 70.19 (fiberglass yarns and fabrics), subheading 9404.90 (bedding and similar articles), or heading 96.19 (baby diapers and other articles health textiles) of the Harmonized System;

national   means a “natural person who has the nationality of a Party” as set out below for each Party or a permanent resident of a Party:

  • for Canada, a citizen of Canada;
  • for Mexico, a natural person who has the nationality of Mexico in accordance with its applicable laws; AND
  • for the United States, a «citizen of the United States» as defined in the   Immigration and Nationality Act   ;

central level of government   means:

  • for Canada, the Government of Canada;
  • for Mexico, the federal level of government; AND
  • for the United States, the federal level of government;

regional level of government   means:

  • for Canada, a province or territory of Canada;
  • for Mexico, a state of the United Mexican States; AND
  • for the United States, a state of the United States, the District of Columbia, or Puerto Rico;

WTO   means the World Trade Organization;

originating   means that it qualifies as originating according to the rules of origin established in Chapter 4 (Rules of Origin) or Chapter 6 (Textile Products and Clothing);

heading   means the first four digits of the Harmonized System tariff classification number;

person   means a natural person or a company;

person of a Party   means a national or an enterprise of a Party;

The tariff deferral program   includes measures such as those that regulate free zones, temporary imports under bond, customs warehouses, maquiladoras, and internal processing programs;

Publish   means disseminating information through paper or electronic means that is widely distributed and easily accessible to the general public;

SME   means a small and medium-sized business, including a micro-business;

Uniform Regulations   means the regulations described in Article 5.16 (Uniform Regulations);

Secretariat   means the Secretariat established in Article 30.6 (The Secretariat);

Harmonized System (HS)   means the   Harmonized Commodity Description and Coding System   , including its General Interpretation Rules, Section Notes, Chapter Notes, and Subheadings Notes, in the form in which the Parties have adopted and applied it in their respective laws;

subheading   means the first six digits of the Harmonized System tariff classification number;

territory   has for each Party the meaning established in Section C (Country Specific Definitions);

NAFTA 1994   means the   North American Free Trade Agreement   , which entered into force on January 1, 1994; AND

Preferential tariff treatment   means the tariff rate applicable to an originating good.

Section C: Country Specific Definitions

For the purposes of this Agreement, unless otherwise provided:

territory   means:

  • for Canada,
    • the land territory, airspace, internal waters and territorial sea of ​​Canada;
    • the exclusive economic zone of Canada; AND
    • the continental shelf of Canada;

in accordance with its domestic law and in accordance with international law;

  • for Mexico,
    • the terrestrial territory, including the states of the Federation and Mexico City;
    • the airspace; AND
    • the internal waters, the territorial sea and any zone beyond the territorial seas of Mexico within which Mexico may exercise sovereign rights and jurisdiction, in accordance with its internal law, in accordance with the   United Nations Convention on the Law of the Mar,   made in Montego Bay, December 10, 1982; AND
  • for the United States,
    • the customs territory of the United States, which includes the 50 states, the District of Columbia, and Puerto Rico;
    • foreign trade zones located in the United States and Puerto Rico; AND
    • the territorial sea and airspace of the United States and any area beyond the territorial seas, within which, in accordance with customary international law reflected in the   United Nations Convention on the Law of the Sea   , the United States they can exercise their sovereign or jurisdictional rights.

EPISODE 2

NATIONAL TREATMENT AND ACCESS OF GOODS TO THE MARKET

Article 2.1: Definitions

For the purposes of this Chapter:

Import Licensing Agreement   means the   Agreement on Import Licensing Procedures   , contained in Annex 1A of the WTO Agreement;

consumed   means:

  • really consumed; or
  • subsequently processed or manufactured in such a way as to result in a substantial change in the value, form or use of the good or in the production of another good;

distributor   means a person of a Party who is responsible for the commercial distribution, agency, concession or representation in the territory of the Party of the goods of another Party;

free   tax means   free of   taxes;

import license   means an administrative procedure that requires the presentation of an application or other documentation (other than that generally required for customs purposes) to the relevant administrative body, as a precondition for importation into the territory of the importing Party;

printed advertising materials   means those goods classified in Chapter 49 of the Harmonized System, including brochures, pamphlets, loose leaves, commercial catalogs, yearbooks published by commercial associations, tourist promotional materials and posters that are used to promote, advertise or advertise a merchandise or service , whose intention is fundamentally to advertise a merchandise or service and are distributed free of charge;

admitted goods for sports purposes   means goods  sporting  admitted to the territory of the importing Party for use in sporting competitions, sports exhibitions or sports training in the territory of the Party;

Trade samples of negligible value   means trade samples valued, individually or shipped in their entirety, at not more than one U.S. dollar or the equivalent amount in the currency of another Party, or that are marked, broken, punctured, or otherwise treated as disqualified. . for sale or use except for commercial samples;

advertising films and recordings   means the visual communication media or recorded audio materials that show potential customers the nature or operation of goods or services offered for sale or rent by a person, established or resident in the territory of a Party, provided that films and recordings are not released to the general public;

sufficient proof   means:

  • a receipt, or a copy of a receipt, certifying the payment of a customs duty for a particular import;
  • a copy of the import document indicating that it was received by a customs authority;
  • a copy of a final determination of a customs authority regarding the corresponding import duties; or
  • any other proof of payment of an admissible customs duty in accordance with the Uniform Regulations;

performance requirement   means a requirement of:

  • export at a certain level or percentage of goods or services;
  • replace an imported good or service with a national good or service of the Party that grants exemption from a customs duty or import license;
  • that the person benefiting from an exemption from customs duties or an import license purchases a good or service in the territory of the Party that grants the exemption from customs duties or the import license, or grants preference to a good or service of National Production ;
  • that the person benefiting from an exemption from customs duties or an import license produces a good or provides a service, in the territory of the Party that grants the exemption from customs duties or an import license, with a certain level or percentage of national content; or
  • relate in some way the volume or value of imports with the volume or value of exports or with the amount of foreign exchange;

but it does not include the requirement that an imported good be:

  • then exported;
  • used as a material in the production of other goods that are subsequently exported;
  • replaced by an identical or similar good used as a material in the production of another good that is subsequently exported; or
  • replaced by an identical or similar merchandise that is subsequently exported;

consular transactions   means the requirements that goods of a Party that are intended to be exported to the territory of another Party be first submitted to the supervision of the consul of the importing Party in the territory of the exporting Party, or in the territory of a country non-Party, for the purposes of obtaining a consular invoice or consular visa by commercial invoice, certificate of origin, manifest, export declaration of the sender or any other customs document for the importation of the merchandise; AND

used vehicle   means an automobile, truck, bus, or motor vehicle for special purposes, not including motorcycles, that:

  • has been sold, leased or loaned;
  • has been driven for more than:
    • 1,000 kilometers if the vehicle has a gross weight of less than five metric tons, or
    • 5,000 kilometers if the vehicle has a gross weight equal to five metric tons or more; or
  • was manufactured before the current year and at least 90 days have elapsed since the date of manufacture.

Article 2.2: Scope of application

Unless otherwise provided in this Agreement, this Chapter applies to the trade in goods of a Party.

Article 2.3: 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 interpretative notes, and for this purpose, Article III of the GATT 1994 and its interpretative notes are incorporated into this Agreement and are an integral part of it,   mutatis mutandis   .
  2. Treatment accorded by a Party pursuant to paragraph 1 means, with respect to a regional level of government, treatment no less favorable than the more favorable treatment that the regional level of government accords to any similar, directly competitive or substitutable good. , as the case may be, of the Party of which it is a part
  3. Paragraphs 1 and 2 do not apply to the measures listed in Annex 2-A: (Exceptions to Article 2.3 (National Treatment) and Article 2.11 (Import and Export Restrictions)).

Article 2.4: Treatment of customs duties

  1. Except as otherwise provided in this Agreement, neither Party will increase any existing customs duty or adopt any new customs duty on a good.
  2. Unless otherwise provided in this Agreement, each Party shall apply its customs duties on originating goods in accordance with its list in Annex 2-B (Tariff Commitments).
  3. At the request of a Party, the Parties shall consult to consider accelerating or expanding the scope of the elimination of customs duties provided for in their schedules in Annex 2-B (Tariff Commitments). An agreement between two or more Parties to accelerate or expand the scope of the elimination of a customs duty on an originating good shall prevail over any tariff rate established in accordance with the schedules of those Parties in Annex 2-B (Tariff Commitments) for that good once approved by each Party in accordance with their legal procedures
  4. A Party may at any time unilaterally accelerate the elimination of the customs duties contained in its schedules in Annex 2-B (Tariff Commitments) on goods.
  5. Annex 2-C (Provisions between Mexico and the United States on Automotive Goods) contains additional provisions between Mexico and the United States related to customs duties on non-originating automotive goods pursuant to Chapter 4 (Rules of Origin).

Article 2.5: Refund and deferral programs for customs duties

  1. Except as otherwise provided in this Article, neither Party shall reimburse the amount of customs duties paid, or waive or reduce the amount of customs duties owed, in relation to a good imported into its territory, provided that the good:
    • subsequently exported to the territory of another Party;
    • used as material in the production of another good subsequently exported to the territory of another Party; or
    • replaced by an identical or similar good used as material in the production of another good subsequently exported to the territory of another Party,

in an amount that exceeds the lesser of the total amount of customs duties paid or owed for the importation of the good into its territory and the total amount of customs duties paid to another Party in relation to the good that has subsequently been exported to the territory of that other party.

  1. No Party, provided that it exports, shall reimburse, exempt, or reduce:
    • an anti-dumping or countervailing duty;
    • a premium that is offered or collected on imported goods derived from any bidding system related to the application of quantitative restrictions on imports, or tariff quotas or levels of tariff preference; or
    • Customs duties, paid or owed, with respect to a good imported into its territory and replaced by an identical or similar good that is subsequently exported to the territory of another Party.
  2. If a good is imported into the territory of a Party pursuant to a tariff deferral program and is subsequently exported to the territory of another Party, or used as a material in the production of another good subsequently exported to the territory of another Party, or replaced with an identical or similar good used as material in the production of another good subsequently exported to the territory of another Party, the Party from whose territory the good was exported:
    • determine the customs duty as if the exported merchandise had been destined for domestic consumption; AND
    • may waive or reduce said customs duty to the extent permitted by paragraph
  3. In order to establish the amount of a customs duty that may be reimbursed, waived or reduced in accordance with paragraph 1 with respect to a good imported into its territory, each Party shall require the presentation of sufficient proof of the amount of the duties paid to another. Party in relation to the good that has subsequently been exported to the territory of that other
  1. If within 60 days from the date of export, sufficient proof of the customs duty paid to the Party to which the good is subsequently exported is not presented in accordance with a customs duty deferral program indicated in paragraph 3, the Party from whose territory it was exported:
    • collect the amount of customs duty as if the exported merchandise had been destined for domestic consumption; AND
    • may reimburse said customs duty, to the extent permitted by paragraph 1, upon timely presentation of such proof in accordance with its laws and
  2. This article does not apply to:
    • a good that is imported on bond to be transported and exported to the territory of another Party;
    • a good that is exported to the territory of another Party under the same conditions in which it was imported into the territory of the Party from which it is exported.   1   When said merchandise has been mixed with fungible merchandise and exported under the same conditions, its origin for the purposes of this subsection may be determined based on inventory management methods such as first-in, first-out or last-in, last – outside. For greater certainty, nothing in this subparagraph shall be construed to allow a Party to waive, reimburse, or reduce the customs duty contrary to paragraph 2 (c);
    • a good imported into the territory of a Party that is considered exported from its territory, is used as a material in the production of another good that is considered exported to the territory of another Party, or is replaced by an identical or similar good used as a material in the production of another good that is considered exported to the territory of another Party, due to:
      • your shipment to a store free of customs duties,
      • shipped to stores aboard ships or as supplies for ships or aircraft, or
      • its shipment for joint work by two or more of the Parties and that will subsequently become the property of the Party to whose territory it is considered that the merchandise was exported;
    • the refund made by a Party of customs duties on a specific good imported to its territory and subsequently exported to the territory of another Party, if said refund is granted because the good does not correspond to the samples or specifications of the good, or because the good is sent without the consent of the recipient;
    • an originating good imported into the territory of a Party that is subsequently exported to the territory of another Party, or is used as material in the production of another good subsequently exported to the territory of another Party, or is replaced by an identical or similar good used as material in the production of another good subsequently exported to the territory of another Party;
    • In the case of exports from the territory of the United States to the territory of Canada or Mexico, the goods described in US tariff items 1701.13.20 or 1701.14.20 that have been imported into the territory of the United States pursuant to any program export or any similar program and used as material, or substituted by an identical or similar good used as material, in the production of:
      • a good included in Canadian tariff item 1701.99.00 or Mexican tariff item 1701.99.01, 1701.99.02 and 1701.99.99 (refined sugar), or
      • products containing sugar that are prepared food products or beverages classified in headings 17.04 and 18.06 or in Chapters 19, 20, 21 or 22; or

Processes such as testing, cleaning, repackaging, inspection, classification or marking of merchandise, or conservation of merchandise in its same state, will not be considered as a change in the state of the merchandise.

  • in the case of trade between Canada and the United States:
    • imported citrus products,
    • an imported good used as a material in the production of, or replaced by an identical or similar good used as a material in the production of a good included in US tariff lines 5811.00.20 (quilted cotton pieces), 5811.00.30 (quilt pieces handmade), or 6307.90.99 (mobile furniture cushions), or in Canadian tariff lines 5811.00.10 (quilted cotton pieces), 5811.00.20 (handmade quilted pieces) or 6307.90.30 (mobile cushions for furniture), which are subject to the most-favored-nation tariff rate when exported to the territory of another Party, and
    • an imported good used as a material in the production of clothing subject to the most-favored-nation tariff rate, when exported to the territory of another
  1. For the purposes of this article:

material   means “material” as defined in Article 4.1 (Definitions);

 goods  identical or similar  means «identical goods» and «similar goods», respectively, as defined in the Customs Valuation Agreement, or in accordance with the legal system of the importing Party;

used   means “used” as defined in Article 4.1 (Definitions).

  1. If a good to which a tariff heading refers in this article is described in parentheses after the tariff heading number, the description is provided for reference purposes only.

Article 2.6: Exemption from customs duties

Neither Party shall adopt or maintain any exemption from a customs duty if the exemption is conditioned, explicitly or implicitly, on the fulfillment of a performance requirement.

Article 2.7: Temporary admission of goods

  1. Each Party shall authorize temporary importation free of customs duties to:
    • professional equipment, including press or television equipment, software and broadcasting and cinematography equipment, necessary for the exercise of the commercial activity, trade or profession of the person who meets the temporary entry requirements in accordance with the legal system of the Party Importer;
    • a merchandise intended for display or demonstration, including its components, auxiliary devices and accessories;
    • commercial samples and advertising films and recordings; AND
    • a merchandise admitted for sporting purposes,

that are imported from the territory of another Party, regardless of their origin and whether similar, directly competitive or directly substitutable goods are available in the Party’s territory.

  1. Neither Party shall condition the temporary duty-free admission of a good indicated in paragraph 1 to conditions other than those of that good:
    • is imported by a national of another Party requesting temporary entry;
    • is used exclusively by or under the personal supervision of a national of another Party, in the exercise of his business, commercial, professional or sporting activity of that person;
    • It is not the object of sale or lease, nor of the merchandise described in paragraph 1 (c), it is not offered for any other use other than that of exhibition or demonstration while it remains in its territory;
    • It is accompanied by a guarantee for an amount that does not exceed 110 percent of the charges that would be owed if applicable for entry or import, refundable at the time of export of the merchandise except that no bond will be required for customs duties on merchandise;
    • be able to identify yourself when exporting;
  • It is exported upon the departure of the person referred to in subparagraph (a), or within any other reasonable period of time with respect to the purpose of the temporary admission that the Party may establish, unless it is extended;
  • it is admitted in an amount not exceeding a reasonable one according to the intended use; AND
  • be admitted to the territory of the Party in accordance with its legal system.
  1. Subject to its legal system, each of the Parties will extend the term of temporary admission beyond the initial period that has been set at the time of the request of the interested party.
  2. Each Party shall adopt or maintain procedures that facilitate the expeditious release of merchandise admitted in accordance with this Article. To the extent possible, those procedures shall provide that when a good admitted under this Article accompanies a national of another Party who is requesting temporary entry, the good shall be dispatched simultaneously with the entry of that national.
  3. Each Party shall allow a good temporarily admitted in accordance with this Article to be exported through a customs port other than the port through which it was
  4. Each Party shall provide, in accordance with its legal system, that the person responsible for a good admitted in accordance with this Article shall not be liable if the good is not exported, presenting satisfactory evidence to the Party in whose territory the good was admitted. , that the merchandise was destroyed within the original term for temporary admission, including extensions
  5. If any of the conditions imposed by a Party in accordance with paragraph 2 has not been met, the Party may apply the customs duty and any other charge that is normally owed for the entry or importation of the good, in addition to any other charge or established penalty. in accordance with its legal system.
  6. Subject to Chapter 14 (Investment) and Chapter 15 (Cross-border trade in services):
    • Each Party shall allow a used cargo vehicle or container or other substantial container, entering its territory from another Party, to leave its territory by any route that is reasonably related to the rapid and economical exit of that vehicle or container or other container. substantial;
    • neither Party shall require a guarantee or impose a penalty or charge solely for any difference between the customs port of entry and the customs port of exit of the vehicle or cargo container and other substantial container;
    • Neither Party shall condition the release of any obligation, including any guarantee, that it has applied with respect to the entry of a vehicle or cargo container or other substantial container, into its territory, upon the exit of that vehicle or container or other substantial container. , through a particular customs port of exit; AND
    • Neither Party shall require that the vehicle or carrier that enters a cargo container or other substantial container from the territory of another Party be the same vehicle or carrier that transports that cargo container or other substantial container into the territory of another Party. .
  7. For the purposes of paragraph 8,   vehicle   means a truck, tractor with trailer, tractor, trailer or trailer unit, locomotive or wagon, or other railway equipment if used in traffic.
  8. Each Party shall adopt or maintain procedures that allow the arrival and release from customs custody, such as, for example, through a procedure that provides the temporary admission as established in this Article, of a shipping container or other substantial container used or to be used. . in the loading of goods in international traffic, whether they arrive full or empty or of any size, volume or dimension at the time of their exit from customs and allowing them to remain within its territory for at least 90 days
  9. Each Party, in accordance with its laws, regulations and procedures, shall extend the period of time for the temporary admission of a shipping container or other substantial container beyond the initial period established at the request of a person.
  10. A Party may require that a cargo container or other substantial container be registered with the customs authority the first time it arrives in its territory, as a condition for the treatment described in paragraphs 10 and 10.
  1. Each Party shall include in the treatment of any cargo container or other substantial container that has an internal volume of one cubic meter or more, the accessories or equipment that accompany it as defined by the importing Party.
  2. For the purposes of paragraph 8 and paragraphs 10 to 13, a “cargo container or other substantial container” includes any container or container, collapsible or not, that is constructed of durable material that can be used repeatedly and is used in a load of goods in international traffic.

Article 2.8: Goods re-imported after repair or alteration

  1. Neither Party shall apply a customs duty to a good, regardless of its origin, that re-enters its territory after it has been temporarily exported from its territory to the territory of another Party to be repaired or altered, regardless of whether such repair or alteration may have occurred. happened. carried out in the territory of the Party from which the merchandise was exported for repair or alteration, or if the value of the merchandise has increased.
  2. Paragraph 1 does not apply to a good imported under a duty deferral program that is exported for repair or modification and is not reimported under a duty deferral program.
  3. Notwithstanding the provisions of Article 2.5 (Return and Deferral of Customs Duties Programs), neither Party shall apply a customs duty to a good that, regardless of its origin, is temporarily admitted from the territory of another Party for repair or alteration. .
  4. For the purposes of this article, repair or alteration does not include an operation or process that:
    • destroy the essential characteristics of a good or create a new or commercially different good; or
    • transform unfinished merchandise into merchandise

Article 2.9: Duty-free importation of commercial samples of negligible value and printed advertising materials

Neither Party shall impose a customs duty on commercial samples of negligible value and printed advertising materials imported from the territory of another Party, regardless of their origin, but may require that:

  • commercial samples of negligible value are imported solely for the purpose of requesting orders for goods or services supplied from the territory of another Party or from a non-Party; or
  • printed advertising materials are imported in packages that contain no more than one copy of the material and that neither the materials nor the packages are part of a larger shipment.

Article 2.10: Most Favored Nation Tariff Rates for Some Goods

  1. Each Party shall grant most-favored-nation duty-free treatment to a good supplied under the tariff provisions established in Tables 2.10.1, 2.10.2 and 10.3.
  2. Without prejudice to the provisions of Chapter 4 (Rules of Origin), each Party shall consider as originating the good indicated in Table 10.1, if it is imported into its territory from the territory of another Party.
Table 2.10.1
A. Automatic Data Processing Machines (PAD)
 8471.30 
 8471.41 
 8471.49 
B. Digital processing units
 8471.50 
C. Input or output units
Combined input / output units 
Canada8471.60.00 
Mexico8471.60.02 
U.S8471.60.10 
Monitoring units  
Canada8528.42.008528.52.008528.62.00 
Mexico8528.41.998528.51.018528.51.998528.61.01 
U.S8528.42.008528.52.008528.62.00 
Other input and output units  
Canada8471.60.00 
Mexico8471.60.038471.60.99 
U.S8471.60.208471.60.708471.60.808471.60.90 
D. Storage units
 8471.70 
E. Other units of automatic data processing machines
 8471.80 
F. Computer parts
 8,443.99parts of machines of subheadings 8443.31 and 8443.32, except fax machines and teleprinters
 8473.30parts of ADP machines and their units
 8517.70parts of LAN equipment of subheading 8517.62
Canada8529.90.198529.90.508529.90.90parts of monitors and projectors of subheadings 8528.42, 8528.52 and 8528.62
Mexico8529.90.018529.90.06parts and monitors or projectors of subheadings 8528.41, 8528.51 and 8528.61
U.S8529.90.228529.90.758529.90.99parts of monitors and projectors of subheadings 8528.42, 8528.52 and 8528.62
G. Power sources for computers 
Canada8504.40.308504.40.908504.90.108504.90.208504.90.90 
Mexico8504.40.128504.40.148504.90.028504.90.078504.90.08 Parts of goods classified in tariff item 8504.40.12
U.S8504.40.608504.40.708504.90.208504.90.41 
Table 2.10.2
A. Metal oxide varistors
Canada8533.40.00
Mexico8533.40.05
U.S8533.40.40
B. Diodes, transistors, and similar semiconductor devices; Photosensitive semiconductor devices; The light emits diodes; Piezoelectric mounted crystals
 8541.10
 8541.21
 8541.29
 8541.30
 8541.50
 8541.60
 8541.90
Canada8541.40
Mexico8541.40.01
 8541.40.02
 8541.40.03
U.S8541.40.20
 8541.40.60
 8541.40.70
 8541.40.80
 8541.40.95
C. Microassemblies and electronic integrated circuits
 8542
Canada8548.90.00
Mexico8548.90.04
U.S8548.90.01
Table 2.10.3 Local Area Network (LAN) Devices
Canada8517.62.00
Mexico8517.62.01
U.S8517.62.00

Article 2.11: Import and export restrictions

  1. Except as otherwise provided in this Agreement, neither Party shall adopt or maintain any prohibition or restriction on the importation of any good of another Party or on the export or sale for export of any good destined for the territory of another Party, except in Article XI of the GATT 1994, including its interpretative notes, and for this purpose Article XI of the GATT 1994 and its interpretative notes are incorporated into and form part of this Agreement,   mutatis mutandis   .
  2. The Parties understand that the rights and obligations of the GATT 1994 incorporated by paragraph 1 prohibit, in any circumstance where any other type of restriction is prohibited, a Party from adopting or maintaining:
    • export and import price requirements, except where permitted in compliance with anti-dumping and countervailing duty orders or price commitments;
    • import licenses conditional on meeting a performance requirement; or
    • voluntary export restrictions inconsistent with Article VI of the GATT 1994, as applied in Article 18 of the SCM Agreement and Article 8.1 of the Anti-Dumping Agreement.
  3. If a Party adopts or maintains a prohibition or restriction on the import or export of a good from or to a country that is not a Party, no provision of this Agreement shall be construed to prevent that Party:
    • limit or prohibit the importation of goods of the non-Party from the territory of another Party; or
    • require, as a condition for the export of the good of one Party to the territory of another Party, that the good not be re-exported to the non-Party, directly or indirectly, without having been consumed in the territory of the other Party
  4. If a Party adopts or maintains a prohibition or restriction on the importation of a good from a country that is not a Party, the Parties, at the request of a Party, will initiate consultations with the objective of avoiding interference or undue distortions in price mechanisms. , marketing or distribution agreements in another
  5. Neither Party shall require, as a condition of an import undertaking in general, or for the importation of a good in particular, that a person of another Party establish or maintain a contractual or other relationship with a distributor in its
  6. For greater certainty, paragraph 5 does not preclude a Party from requiring a person named in that paragraph to designate a point of contact in order to facilitate communications between its regulatory authorities and that party.
  7. Paragraphs 1 to 6 do not apply to the measures established in Annex 2-A (Exceptions to Article

2.3 (National Treatment) and Article 2.11 (Import and Export Restrictions)).

  1. For greater certainty, paragraph 1 applies to the importation of any merchandise that incorporates or implements cryptography, if the merchandise is not specifically designed or modified for government use and is sold or otherwise made available to the public.
  2. For greater certainty, neither Party shall adopt or maintain a prohibition or restriction on the importation of used vehicles originating in the territory of another Party. This Article does not preclude a Party from requiring the application of safety and emissions measures for motor vehicles, or vehicle registration requirements, of general application to originating used vehicles in a manner that is compatible with this Article.

Article 2.12: Remanufactured Goods

  1. For greater certainty, paragraph 1 of Article 2.11 (Import and Export Restrictions) applies to prohibitions and restrictions on goods.
  2. Subject to the obligations of this Agreement and the WTO Agreement, a Party may require that remanufactured goods:
    • are identified as such, including by labeling, for distribution or sale in their territory; AND
    • Comply with all technical requirements applicable to equivalent merchandise in new condition.
  3. If a Party adopts or maintains measures that prohibit or restrict used goods, it shall not apply those measures to the goods.

Article 2.13: Transparency in procedures for import licensing

  1. Subject to paragraph 2, as soon as possible after the entry into force of this Agreement, each Party shall notify the other Parties of its existing import licensing procedures. The notification:
    • include the information specified in article 5.2 of the Import Licensing Agreement and in the annual questionnaire on import licensing procedures described in article 7.3 of the Import Licensing Agreement; AND
    • It will be done without prejudice to whether the import licensing procedures are compatible with this
  2. A Party shall be deemed to have complied with the obligations of paragraph 1 with respect to an import licensing procedure, if:
    • has notified this procedure to the Committee on Import Licensing established in accordance with article 4 of the Import Licensing Agreement and has provided the information specified in article 5.2 of said Agreement; AND
    • has provided the information required in the questionnaire on import licensing procedures pursuant to Article 7.3 of the Import Licensing Agreement in its most recent communication to the Committee on Import Licensing, prior to the date of entry into force of this
  3. A Party shall post on an official government website any new or modified import licensing procedure, including any information that must be posted pursuant to Article 1.4 (a) of the Import Licensing Agreement. To the extent possible, the Party shall do so at least 20 days before the new procedure or modification takes effect.
  4. Each Party shall respond within 60 days to reasonable consultation from another Party regarding its licensing rules and procedures for submitting an import license application, including the eligibility requirements of individuals, companies, and institutions to submit. an application, any administrative body to contact and the list of products that require a
  5. If a Party denies an application for an import license in respect of a good of another Party, at the request of the applicant and within a reasonable time after receiving the request, it shall provide the applicant with a written explanation of the reason for the denial. application.
  6. Neither Party shall apply an import licensing procedure to a good of another Party, unless the Party has complied with the requirements of paragraphs 1 or 2, and 3, with respect to that procedure.

Article 2.14: Transparency in export licensing procedures

  1. Within 30 days from the date of entry into force of this Agreement, each Party shall notify the other Parties in writing of the publications that establish its export licensing procedures, if any, including the addresses of the websites. relevant government agencies where the procedures are published. Thereafter, each Party shall publish any new procedure or any modification to an export licensing procedure that it adopts, as soon as possible, but no later than 30 days after the new procedure or modification enters into force.
  2. Each Party shall ensure that the publications it has notified pursuant to paragraph 1 include:
    • the texts of your export licensing procedures, including any modifications you make to those procedures;
    • the products subject to each licensing procedure;
    • for each licensing procedure, a description of:
      • the process for applying for a license, and
      • any criteria that the applicant must meet in order to be eligible to apply for a license, such as having a license to operate, establish or maintain an investment or operate through a particular form of establishment in the territory of a Party;
    • a contact point that interested persons can go to for additional information on the conditions for obtaining an export license;
    • any administrative body to which an application or other relevant documentation must be submitted;
  • a description or a reference to a publication that fully reproduces any measure that implements the export licensing procedure;
  • the period during which each export licensing procedure will be in force, unless the procedure remains in effect until it is canceled or revised in a new publication;
  • whether the Party intends to use a licensing procedure to administer an export quota, the total quantity and, if possible, the value of the quota, and the opening and closing dates of the quota; AND
  • any publicly available exemptions or exceptions to the requirement to obtain an export license, how to apply for or use these exemptions or exceptions, and the applicable criteria for them.
  1. Each Party shall provide to another Party, upon request and to the extent possible, the following information with respect to a particular export licensing procedure that it adopts or maintains, except where doing so may reveal proprietary business information or other confidential information of a person in particular:
    • the total number of licenses that the Party has granted in a recent period that the requesting Party has specified; AND
    • measures, if any, that the Party has taken in conjunction with the licensing procedure to restrict domestic production or consumption or to stabilize the production, supply or prices of the good
  2. This article does not require a Party to grant an export license or prevent a Party from implementing its obligations or commitments under United Nations Security Council Resolutions, as well as multilateral non-proliferation regimes, including: the   Wassenaar Agreement on Control of Exports of conventional dual-use weapons, goods and technologies   ; the Nuclear Suppliers Group; the Australia Group; the   Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction   , promulgated in Geneva on September 3, 1992 and signed in Paris on January 13, 1993; the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction  , done in Washington, London and Moscow on April 10, 1972; the   Treaty on the Non-Proliferation of Nuclear Weapons   ; signed in London, Moscow and Washington on July 1, 1968, and the   Missile Technology Control Regime   .
  3. For the purposes of this Article, the   export licensing procedure   means a requirement that a Party adopts or maintains by virtue of which an exporter must, as a condition of exporting a good from the Party’s territory, submit an application or other documentation to a administrative body. or agencies, but does not include the customs documentation required in the normal course of trade or any requirement that must be met before introducing the merchandise to be marketed within the territory of the

Article 2.15: Export duties, taxes or other charges

Neither Party shall adopt or maintain any duty, tax or other charge on the exportation of any good to the territory of another Party, unless such duty, tax or charge also applies to that good when it is destined for domestic consumption.

Article 2.16: Administrative charges and procedures

  1. Each Party shall ensure, in accordance with Article VIII: 1 of the GATT 1994 and its interpretative notes, that all duties and charges of any nature (other than customs duties, charges equivalent to an internal tax or other internal charges applied) pursuant to Article III: 2 of the GATT 1994, and antidumping and countervailing duties) imposed on or in connection with importation or exportation, are limited to the approximate cost of the services rendered and do not represent an indirect protection of the goods or national products. a tax on imports or exports for purposes
  2. Neither Party shall require consular transactions, including fees and charges related to the importation of one good from another 2
  3. Neither party shall adopt or maintain a customs processing right on the goods 3
 
  
  • For Mexico, this paragraph does not apply to duty-free entry procedures for personal and domestic purposes of persons who move to Mexico.
  • The Merchandise Processing Fee (CPM) is the only customs use fee applied by the United States to which this paragraph applies. The   customs processing right   will be the only Mexican customs processing right to which this paragraph applies.

Article 2.17: Committee on Trade in Goods

  1. The Parties establish a Committee on Trade in Goods (Committee on Goods) composed of representatives of each
  2. The Commodity Committee shall meet at the request of a Party or the Commission to consider any matter arising from this Chapter.
  3. The Product Committee will meet in the place and date that the Parties decide or by electronic means. Face-to-face meetings will be held alternately in the territory of each
  4. The functions of the Products Committee will include:
    • monitor the implementation and administration of this Chapter;
    • promote trade in goods between the Parties;
    • provide a forum for the Parties to consult and endeavor to resolve matters related to this Chapter, including, as appropriate, in coordination or in conjunction with other Committees, working groups or other subsidiary bodies established in this Agreement;
    • shall seek to promptly address tariff and non-tariff barriers to trade in goods between the Parties and, if appropriate, refer the matter to the Commission for its consideration;
    • coordinate the exchange of information on trade in goods between the Parties;
    • discuss and endeavor to resolve any differences that may arise between the Parties in matters related to the Harmonized System, including ensuring that the obligations of each Party under this Agreement are not altered by its implementation in future amendments to the Harmonized System in its national nomenclature;
    • refer to another committee established in this Agreement those matters that are pertinent to said committee, as appropriate; AND
    • perform additional work that the Commission may assign or that another committee

ANNEX 2-A:

EXCEPTIONS TO ARTICLE 2.3 (NATIONAL TREATMENT) AND ARTICLE 2.11 (IMPORT AND EXPORT RESTRICTIONS)

Article 2.A.1: Application of Article 2.3 (National Treatment) and Article 2.11 (Import and Export Restrictions)

  1. Articles 2.3 (National Treatment) and 2.11 (Import and Export Restrictions) do not apply to the continuation, renewal or modification that is carried out to any law, statute, decree or administrative regulation that gives rise to the measures established in the articles of this Annexed. to the extent that the continuation, renewal or modification does not reduce the conformity of the measure listed in Article 2.3 (National Treatment) and Article 2.11 (Import and Export Restrictions).
  2. Article 2.3 (National Treatment) and Article 2.11 (Import and Export Restrictions) will not apply to the import and export of rough diamonds (HS codes 7102.10, 7102.21 and 7102.31), in accordance with the scheme of the Certification Process of Kimberley and any subsequent modifications thereof.

Article 2.A.2: Canadian measures

  1. Article 2.3 (National Treatment) and Article 2.11 (Import and Export Restrictions) do not apply to:
    • the export of logs of all species;
    • the export of raw fish in accordance with the following provincial laws and their related regulations:
      • New Brunswick Seafood Processing Act   , SNB 2006, c S-5.3 (   New Brunswick Seafood Processing Act, SNB 2006, c S-5.3)   , and Fisheries and Aquaculture Development Act, SNB 2009, c F-15.001 (   Law of Development of Fisheries and Aquaculture, SNB 2009, c F-15.001   ),
  • Newfoundland and Labrador Fish Inspection Act, RSNL 1990, c F-12

(   Newfoundland and Labrador Fish Inspection Act, RSNL 1990, c F-12   ),

  • Nova Scotia Fisheries and Coastal Act, Chapter 25 of the Laws of 1996 ( Nova Scotia Fisheries and Coastal Resources Act   , Chapter 25 of the Laws of 1996   )
  • Prince Edward Island Fisheries Act, RSPEI 1988, Cap. F-13.01 (   Prince Edward Island Fisheries Act, RSPEI 1988, Cap. F-13.01   ), and Fisheries Inspection Act, RSPEI 1988, Cap. F-1 (   Fish Inspection Act, RSPEI 1988, Cap. F-1   ), and
  • Quebec Marine Products Processing Act, CQLR c T-11.01 (Quebec Marine Products Processing Act, CQLR c T-11.01)

For greater certainty, notwithstanding the provisions of Article 2.A.1: 1 of this Annex, Article 2.3 (National Treatment) and 2.11 (Import and Export Restrictions) will not apply to any fish export requirement. not processed that are authorized by the aforementioned related laws and regulations that have not been applied to the entry into force of this Agreement, or that are effective as of the entry into force of this Agreement but suspended after that date and applied later;

  • the importation of goods under the provisions prohibited in tariff items 9897.00.00, 9898.00.00 and 9899.00.00 referred to in the   Customs Tariff   , unless otherwise provided;
  • the use of boats in Canadian coastal trade; AND
  • Canadian excise duties on the absolute volume of ethyl alcohol, listed in tariff item 2207.10.90 of the Canadian Schedule of Concessions annexed to the GATT 1994 (Schedule V), used in manufacturing in accordance with the provisions of the Internal Tax Act of 2001 (   Excise Act, 2001   ,   Canada Statutes   2002, c. 22), as required
  1. Article 2.3 (National Treatment) and Article 2.11 (Import and Export Restrictions) do not apply to quantitative restrictions on the importation of merchandise originating in the United States classified in headings 89.01, 89.04 and 89.05, and tariff items 8902.00.10 and 8903.99.90 (of a total length greater than 9.2 m only) during the time in which the measures adopted in accordance with the   Merchant Marine Law of 1920   and the   Services Law of the Passenger Ship Law    ) and 46 USC §§ 12102, 12113 and 12116, apply with quantitative effect to comparable Goods originating in Canada sold or offered for sale in the United States market.

Article 2.A.3: Measures of Mexico

  1. Paragraphs 1 to 4 of Article 11 (Import and Export Restrictions) do not apply to:
    • the export measures in accordance with article 48 of the Hydrocarbons Law published in the Official Gazette of the Federation of Mexico on August 11, 2014, for the tariff fractions provided for in the “Agreement that modifies the various by which the classification and codification of Hydrocarbons and Petroleum Products whose import and export is subject to Prior Permission of the Secretariat of Energy ”, published in the Official Gazette of the Federation of Mexico on December 4, 2017, subject to the rights and obligations of Mexico under the WTO Agreement, including those on transparency and non-discriminatory treatment; AND
    • prohibitions or restrictions on the importation into Mexico of used tires, used clothing, non-originating used vehicles and used chassis equipped with vehicle engines, in accordance with paragraphs 1 (I) and 5 of Annex 2.2.1 of the Agreement by which the Ministry of Economy issues general standards and criteria for Foreign Trade, published in the Official Gazette of the Federation of Mexico on December 31,

Article 2.A.4: US measures

Article 2.3 (National Treatment) and Article 2.11 (Import and Export Restrictions) do not apply to:

  • controls on the export of logs of all species; AND
  • (i) the measures provided for in the current provisions of the Merchant Marine Act 1920 (Merchant Marine   Act 1920   )   ,   Passenger Ship Act (Passenger Ship   Services Act   )   ,   and 46 USC § 12102, 12113 and 12116, to the extent that such measures have been mandatory legislation at the time of the United States’ accession to the General Agreement on Tariffs and Trade of 1947 (GATT 1947) and have not been modified to diminish their conformity. with Part II of the GATT 1947,
  • the continuation or prompt renewal of a non-conforming provision of any statute referred to in clause (i), and
  • the modification of a non-conforming provision of any law mentioned in clause (i) to the extent that the amendment does not reduce compliance with the provision of Articles 2.3 (National Treatment) and 2.11 (Import and Export Restrictions).

ANNEX 2-B TARIFF COMMITMENTS

  1. The rate of customs duties for an originating good under this Agreement is indicated in each Party’s Schedule to this Agreement.
  2. Unless otherwise established in the List of Parties in this Annex, and in accordance with Article 2.4 (Treatment of Customs Duties), the rate of customs duty on originating goods is designated with «0» and these goods will be free. of customs duties upon entry into force of this
  3. For originating goods included in the fractions marked with an asterisk (*) in the Schedule of a Party of this Annex, the tariff treatment established in Appendix 1 of the Schedule of that Annex applies.

GENERAL NOTES TO THE CANADA TARIFF SCHEDULE

  1. The provisions of this Schedule are generally expressed in terms   of the Canadian Customs Tariff   and the interpretation of the provisions of this Schedule, including the product coverage of subheadings, will be governed by the General Notes, Section Notes and Chapter Notes of  Customs  of   Canada. Rate   . To the extent that the provisions of this Annex are identical to the corresponding provisions of the Customs Tariff of Canada, the provisions of this Annex shall have the same meaning as the corresponding provisions of the Customs Tariff of  Canada  (Tariff of   Canada   ).
  2. This Schedule reflects Canada’s applied tariff nomenclature as of July 1, 2017, which is implemented in accordance with the Harmonized System (2017 edition), and includes all HS Chapter 1 through 97 tariff items that provide a tariff rate of Most Favored Nation (MFN) Customs Officer.
  3. For the purposes of this Agreement, the Canadian Schedule is authentic in the official languages ​​English and French.
  4. The base rate of the customs duty to determine the tariff transition transition rate for a tariff item will be those established in Appendix 1 of this Annex, which reflect Canada’s MFN tariffs in effect on July 1,
  5. In Appendix 1 to this Schedule, the following staging categories apply to the elimination or reduction of Canadian customs duties pursuant to Article 4:
    • Customs duties on originating merchandise provided for in the sections with staging category “0” will be exempt from duty on the date this Agreement enters into force. For greater certainty, this customs duty rate will also apply to the amount within the access of any tariff quota provided for these goods in the WTO Canada Schedule;
    • Customs duties on originating merchandise provided for in the fractions with staging category B6 will be eliminated in six equal annual stages, as of the date this Agreement enters into force, and these merchandise will be duty-free as of January 1 from year six;
    • Customs duties on originating merchandise provided for in the fractions with staging category B11 will be eliminated in eleven equal annual stages, as of the effective date of this Agreement, and these merchandise will be duty-free as of January 1 of the year eleven. ;
  • Customs duties on originating merchandise included in the items with staging category X are exempt from tariff commitments pursuant to Article 2.44; AND
  • Customs duties on originating goods provided for in the sections with a staging category as «tariff quotas» shall be governed by the terms of the tariff quotas applicable to that tariff section, as described in Appendix 2 of this
  1. For the purposes of Appendix 1 to this List:
    • The tariff reduction for the first year will come into effect on the date this Agreement enters into force as provided in Article 34.5 (Final Provisions – Entry into force), and each subsequent annual stage of the tariff reduction will come into effect on the 1st January of each subsequent year;
    • year one   means the period of time that begins on the date this Agreement enters into force as provided in Article 34.5 (Final Provisions – Entry into force), and ends on December 31 of the same calendar year as of the date of entry into force;
    • year two   means the 12-month period beginning on January 1 of the calendar year immediately following the calendar year on the date this Agreement enters into force as provided in Article 34.5 (Final Provisions – Entry into force); AND
    • each subsequent year   means each subsequent 12-month period beginning January 1 of each subsequent calendar year.
  2. The tariff transition rates for the tariff items in Appendix 1 to this Schedule shall be rounded down to at least the nearest tenth of a percentage point or, if the customs duty rate is expressed in monetary units, to the nearest tenth of a percentage point. close to a penny.
  3. If Canada applies preferential tariff treatment different from other Parties for the same originating good in accordance with Canada’s Schedule in this Annex at the time a request for preferential tariff treatment is made, Canada will apply the rate of customs duty for the commodity. originating in the Party where the last production process occurred, other than a minimal operation.
  4. For the purposes of paragraph 8, a   minimum transaction   is:
    • an operation to guarantee the preservation of merchandise in good condition for transport and storage;
    • package, repackage, split shipments, or place merchandise for retail sale, including packaging in bottles, cans, jars, bags, cases, or boxes;
    • mere dilution with water or another substance that does not materially alter the characteristics of the merchandise;
    • collection of merchandise with the intention of forming sets, assortments, kits or composite merchandise; AND
    • any combination of operations referred to in subparagraphs (a) to (d).
  5. Notwithstanding the provisions of paragraph 8, if the good is produced in the first Party from originating materials produced in the second Party, Canada will apply the customs duty rate for the goods of the first Party, provided that the good satisfies the change. Applicable in the tariff classification requirement established in Table B-1 in the territory of the first Party or in Canada.

Table B-1:

HS6 Change in tariff classification requirement
1701.12 A change from any other chapter
1701.13 A change from any other chapter
1701.91 A change from any other chapter
1701.99 A change from any other chapter
1702.90 A change from any other chapter
1806.10 A change from any other heading, except from heading 17.01.
2106.90 A change from any other heading, except Chapter 17.
  • For greater certainty, Canada retains its rights and obligations under the WTO Agreement with respect to agricultural products in the staging category.

GENERAL NOTES OF THE MEXICO TARIFF CALENDAR

  1. The provisions of this List are generally expressed in terms of the Tariff of the General Import and Export Tax Law (LIGIE) and the interpretation of the provisions of this List, including the coverage of products of the subheadings, will be governed by the Rules, LIGIE section notes and chapter notes. To the extent that the provisions of this List are identical to the corresponding provisions of the LIGIE, the provisions of this List shall have the same meaning as the corresponding provisions of the LIGIE.
  2. This Schedule reflects the tariff nomenclature applied by Mexico as of September 1, 2018, which is implemented in accordance with the Harmonized System (2012 edition), and includes all tariff headings from Chapter 1 to 97 of the HS that establishes the rate. tariff of the Nation. . Most favored (MFN).
  3. In Appendix 1 to this Schedule, in accordance with Article 2.4, customs duties on originating goods included in the tariff items indicated as “excluded” will be subject to the MFN tariff applicable at the time of importation.
  4. For an originating good included in a tariff heading in Appendix 1 of this Schedule, Mexico will apply a tariff rate no higher than zero, if:
    • the merchandise is obtained in its entirety, either in the territory of the United States or in the territory of the United States and Mexico;
    • the merchandise is produced totally and exclusively from originating materials produced in the territory of the United States or in the territory of the United States and Mexico; or
    • The merchandise is produced entirely in the territory of the United States or Mexico, provided that the operations carried out in, or the materials obtained in the territory of Canada are considered as if they had been carried out or obtained from a country other than

GENERAL NOTES ON THE UNITED STATES TARIFF CALENDAR

  1. The provisions of this Schedule are generally expressed in terms of   the Harmonized Tariff Schedule of the United States   (HTSUS), and the interpretation of the provisions of this Schedule, including product coverage of the subheadings of this Schedule, will be governed by the General rules. , HTSUS Section Notes and Chapter Notes. To the extent that the provisions of this List are identical to the provisions of the HTSUS, the provisions of this List shall have the same meaning as the provisions of the
  2. The base rate of the customs duty established in Appendix 1 of this Annex reflects the tariff rates of the Most Favored Nation (MFN) in effect as of July 1,
  3. In Appendix 1 to this Schedule, the following staging categories apply to the elimination or reduction of United States customs duties pursuant to Article 4:
    • Customs duties on originating merchandise included in the indicated tariff items with staging category B6 shall be eliminated in six annual stages and those merchandise shall be duty-free as of January 1 of year six;
    • Customs duties on originating merchandise included in the indicated tariff items with staging category B11 will be eliminated in eleven annual stages and those merchandise will be free of duty as of January 1 of year eleven; AND
    • Customs duties on originating goods included in the tariff items indicated with the category of reduction of the tariff quota shall be governed by the terms of the tariff quota for each specific tariff item, as indicated in Appendix 2 of this
  4. The transition duty rates for the tariff items in Appendix 1 to this Schedule shall be rounded to the nearest decimal point of one percentage point or, if the duty rate is expressed in monetary units, to the nearest decimal point of one cent.
  1. For the purposes of Appendix 1 to this Annex,   year one   means the year this Agreement enters into force in accordance with Article 34.5 (Final Provisions – Entry into Force).
  2. For the purposes of Appendix 1 to this Annex, beginning in year two, each annual category of tariff reduction shall enter into force on January 1 of the year in question.
  3. For an originating good included in a tariff heading in Appendix 1 to this Schedule, if the United States applies different preferential treatment to one Party than to the other Party for that good:
    • The United States will apply a customs duty rate no greater than the applicable rate in the staging category established for that tariff heading in Appendix 1 of this Annex if the merchandise qualifies to be marked as merchandise of Canada in accordance with the laws of Canada. United States, regardless of whether the merchandise is marked; 5
    • The United States will apply a tariff rate no greater than zero if the good qualifies to be marked as a Mexican good under United States law, regardless of whether the good is

Appendix 2: Canadian Tariff Schedule – (Tariff Quotas) Section A: General Provisions

  1. Section B of this Appendix sets out the TRQs (TRQs) that Canada will apply to certain goods originating in the United States under this Agreement. In particular, a merchandise originating in the United States included in this Appendix will be subject to the tariff rates established in this Appendix instead of the tariff rates specified in Chapter 1 to Chapter 97   of the Customs Tariff   . ) from Canada. Without prejudice to any other provision of the Tariff Rate (   Arancel Aduanero) of Canada, originating merchandise under this Agreement shall be allowed into the territory of Canada in the quantities described in Section B of this Appendix, as provided in this Appendix. In addition, unless otherwise specified in this Schedule, any quantity of originating goods imported from a Party under a tariff quota established in Section B of this Appendix shall not be counted or reduced within the quota of any tariff quota provided for such goods in accordance with the WTO Tariff Schedule or any other agreement
  2. Each good or group of goods covered by each tariff quota established in Section B is informally identified in the title of the paragraph that establishes the tariff quota. These titles are included solely to assist readers in understanding this Appendix and will not alter or replace the coverage established by identifying Covered Canada Customs Tariff codes.
  3. Canada will administer all tariff quotas provided for in this Agreement and established in Section B of this Appendix in accordance with the following provisions:
    • Canada will administer its TRQs through an import licensing system.
    • For the purposes of this Appendix,   quota year   means the 12-month period during which a tariff quota is applied and assigned. “Contingent year 1” has the meaning assigned to “year one” in paragraph 6 of the Canadian Rate Schedule – Notes
    • Canada will allocate its TRQs each year to eligible applicants. An eligible applicant means an applicant active in the Canadian food or agriculture sector. In assessing eligibility, Canada will not discriminate against applicants who have not previously imported the product subject to a quota.
  4. For the purposes of this Appendix, the term “metric tons” is abbreviated as “MT”.
  • For the purposes of determining whether originating goods are eligible for duty-free entry as provided in paragraph 15 of Section B of Appendix 2, paragraph 15 (h) shall apply instead of this paragraph.

Section B: Tariff quotas

  1. Tariff Quota-CA1: Milk
    • The aggregate quantity of originating goods described in subparagraph (c) that will be allowed to enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (MT)
one8,333
two16,667
325,000
433,333
541,667
650,000
750,500
851,005
951,515
1052,030
eleven52,551
1253,076
1353,607
1454,143
fifteen54,684
sixteen55,231
1755,783
1856,341
1956,905

As of year 19, the quantity will remain at 56,905 MT per year.

  • Canada will apply the following provisions in the administration of this TRQ:
    • Up to 85 percent of the TRQs established in subparagraph (a) will be for the importation of milk in bulk (not for retail sale) that will be processed into dairy products used as ingredients for subsequent food processing. (secondary manufacturing).
    • Any remainder of the amounts of the tariff quotas established in subparagraph (a) will be for the importation of any
  • This paragraph applies to goods classified in the following tariff sections: 0401.10.10 and 20.10.
  • This tariff quota will be assigned based on a dairy season, that is, from August 1 to August 31.
  1. Tariff Quota CA2: Cream
    • The aggregate quantity of originating goods described in subparagraph (c) that will be allowed to enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (MT)
one1,750
two3500
35,250
47,000
58,750
610,500
710,605
810,711
910,818
1010,926
eleven11,036
1211,146
1311,257
1411,370
fifteen11,484
sixteen11,599
1711,715
1811,832
1911,950

As of year 19, the quantity will remain at 11,950 MT per year.

  • Canada will apply the following provisions in the administration of this TRQ:
    • Up to 85 percent of the TRQ amounts established in subparagraph (a) will be for the importation of cream in bulk (not for retail sale) that will be processed into dairy products used as ingredients for further food processing. . (secondary manufacturing).
    • Any remainder of the amounts of the tariff quotas established in subparagraph (a) will be for the importation of any
  • This paragraph applies to goods classified in the following tariff items: 0401.40.10 and 50.10.
  • This tariff quota will be assigned based on a dairy season, that is, from August 1 to August 31.
  1. Tariff Quota CA3: Skimmed milk powder
    • The aggregate quantity of originating goods described in subparagraph (b) that may enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (MT)
one1250
two2500
33,750
45,000
56,250
67,500
77,575
87,651
97,727
107,805
eleven7,883
127,961
138,041
148,121
fifteen8,203
sixteen8,285
178,368
188,451
198,536

As of year 19, the quantity will remain at 8,536 MT per year.

  • This paragraph applies to goods classified in the following tariff section: 10.10.
  • This tariff quota will be assigned based on a dairy season, that is, from August 1 to August 31.
  1. Tariff Quota CA4: Butter and cream powder
    • The aggregate quantity of originating goods described in subparagraph (c) that will be allowed to enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (MT)
one750
two1500
32,250
43000
53,750
64,500
74,545
84,590
94,636
Year feeAggregate quantity (MT)
104,683
eleven4,730
124,777
134,825
144,873
fifteen4,922
sixteen4,971
175,021
185,071
195,121

As of quota year 19, the quantity will remain at 5,121 MT per year.

  • Canada will apply the following provision in the administration of this TRQ:
    • Up to 85 percent in year 1 of the TRQ quantities set forth in subparagraph (a) will be used for the importation of bulk products (not for retail sale) used as ingredients for subsequent food processing ( secondary manufacturing), and will be reduced to 50 percent. of the quantities of the tariff quota for five years.
    • The remaining amounts of the tariff quotas established in subparagraph (a) will be for the importation of butter or cream in
  • This paragraph applies to goods classified in the following tariff sections: 0405.10.10, 0405.20.10, 0405.90.10, 0402.21.21 and 29.21.
  • This tariff quota will be assigned based on a dairy season, that is, from August 1 to August 31.
  1. Tariff Quota-CA5: Industrial Cheeses
    • The aggregate quantity of originating goods described in subparagraph (c) that will be allowed to enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (MT)
one1,042
two2,083
33,125
44,167
55,208
66,250
76,313
86,376
96,439
106,504
eleven6,569
126,635
136,701
Year feeAggregate quantity (MT)
146,768
fifteen6,836
sixteen6,904
176,973
187,043
197,113

As of year 19, the quantity will remain at 7,113 MT per year.

  • Only bulk products (not for retail sale) used as ingredients for food further processing (secondary manufacturing) should be imported under this quota.
  • This paragraph applies to goods classified in the following tariff items: 0406.10.10, 0406.20.11, 0406.20.91, 0406.30.10, 0406.40.10, 0406.90.11, 0406.90.21, 0406.90.31, 0406.90.41, 0406.90. 51, 0406.90.61, 0406.90.71, 0406.90.81, 0406.90.91, 0406.90.93, 0406.90.95 and 90.98.
  • This tariff quota will be assigned per year
  1. Tariff Quota-CA6: Cheeses of all kinds
    • The aggregate quantity of originating goods described in subparagraph (b) that may enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (MT)
one1,042
two2,083
33,125
44,167
55,208
66,250
76,313
86,376
96,439
106,504
eleven6,569
126,635
136,701
146,768
fifteen6,836
sixteen6,904
176,973
187,043
197,113

As of year 19, the quantity will remain at 7,113 MT per year.

  • This paragraph applies to goods classified in the following tariff items: 0406.10.10, 0406.20.11, 0406.20.91, 0406.30.10, 0406.40.10, 0406.90.11, 0406.90.21, 0406.90.31, 0406.90.41, 0406.90. 51, 0406.90.61, 0406.90.71, 0406.90.81, 0406.90.91, 0406.90.93, 0406.90.95 and 90.98.
  • This tariff quota will be assigned per year
  1. Tariff Quota-CA7: Milk Powder
    • The aggregate quantity of originating goods described in subparagraph (b) that may enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (MT)
one115
two230
33. 4. 5
4460
5575
6690
7697
8704
9711
10718
eleven725
12732
13740
14747
fifteen755
sixteen762
17770
18778
19785

Starting in year 19, the quantity will remain at 785 MT per year.

  • This paragraph applies to goods classified in the following tariff items: 0402.21.11 and 29.11.
  • This tariff quota will be assigned based on a dairy season, that is, from August 1 to August 31.
  1. Tariff Quota-CA8: Concentrated milk or
    • The aggregate quantity of originating goods described in subparagraph (b) that may enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (MT)
one230
two460
3690
4920
51,150
Year feeAggregate quantity (MT)
61,380
71,394
81,408
91,422
101,436
eleven1,450
121,465
131,480
141,494
fifteen1,509
sixteen1,524
171,540
181,555
191,571

As of year 19, the quantity will remain at 1,571 MT per year.

  • This paragraph applies to goods classified in the following tariff items: 0402.91.10 and 99.10.
  • This tariff quota will be assigned per year
  1. Tariff Quota-CA9: Yogurt and whey
    • The aggregate quantity of originating goods described in subparagraph (b) that may enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (MT)
one689
two1,378
32,068
42,757
53,446
64,135
74,176
84,218
94,260
104,303
eleven4,346
124,389
134,433
144,478
fifteen4,522
Year feeAggregate quantity (MT)
sixteen4,568
174,613
184,659
194,706

As of the 19 quota year, the quantity will remain at 4,706 MT per year.

  • This paragraph applies to goods classified in the following tariff items: 0403.10.10 and 90.91
  • This tariff quota will be assigned per year
  1. Tariff Quota CA10: Whey powder
    • The aggregate quantity of originating goods described in subparagraph (b) that may enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (MT)
one87
two173
3260
4347
5433
6520
7525
8530
9536
10541
eleven547
12552
13558
14563
fifteen569
sixteen574
17580
18586
19592

Starting in year 19, the quantity will remain at 592 MT per year.

  • This paragraph applies to goods classified in the following tariff items: 0403.90.11.
  • This tariff quota will be assigned per year
  1. Tariff Quota-CA11: Whey powder
    • The aggregate quantity of originating goods described in subparagraph (b) that may enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (MT)
one689
two1,378
32,068
42,757
53,446
64,135
74,176
84,218
94,260
104,303

After quota year 10, this TRQ will be eliminated.

  • This paragraph applies to goods classified in the following tariff section: 10.21.
  • This tariff quota will be assigned based on a dairy season, that is, from August 1 to August 31.
  1. Tariff Quota -CA12: Products consisting of natural milk
    • The aggregate quantity of originating goods described in subparagraph (b) that may enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (MT)
one460
two920
31,380
41,840
52,300
62,760
72,788
82,815
92,844
102,872
eleven2,901
122,930
132,959
142,989
fifteen3,019
Year feeAggregate quantity (MT)
sixteen3,049
173,079
183,110
193,141

As of year 19, the quantity will remain at 3,141 MT per year.

  • This paragraph applies to goods classified in the following tariff items: 0404.90.10.
  • This tariff quota will be assigned per year
  1. Tariff Quota -CA13: Ice creams and ice cream mixes
    • The aggregate quantity of originating goods described in subparagraph (b) that may enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (MT)
one115
two230
33. 4. 5
4460
5575
6690
7697
8704
9711
10718
eleven725
12732
13740
14747
fifteen755
sixteen762
17770
18778
19785

Starting in year 19, the quantity will remain at 785 MT per year.

  • This paragraph applies to goods classified in the following tariff items: 1806.20.21, 1806.90.11, 1901.90.31, 1901.90.51, 2105.00.91 and 99.32.
  • This tariff quota will be assigned per year
  1. Tariff Quota -CA14: Other dairy products
    • The aggregate quantity of originating goods described in subparagraph (b) that may enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (MT)
one115
two230
33. 4. 5
4460
5575
6690
7697
8704
9711
10718
eleven725
12732
13740
14747
fifteen755
sixteen762
17770
18778
19785

Starting in year 19, the quantity will remain at 785 MT per year.

  • This paragraph applies to goods classified in the following tariff items: 1517.90.21, 1901.20.11, 1901.20.21, 1901.90.33, 1901.90.53, 2106.90.31, 2106.90.33, 2106.90.93 and 2309.90.
  • This tariff quota will be assigned per year
  1. Tariff Quota-CA15: Chicken
    • The aggregate quantity of originating goods described in subparagraph (b) that may enter tax-free in each contingent year in accordance with this tariff quota is:
Year feeAggregate quantity (base MT of gutted product)
one47,000
two49,000
351,000
453,000
555,000
657,000
757,570
Year feeAggregate quantity (base MT of gutted product)
858,146
958,727
1059,314
eleven59,908
1260,507
1361,112
1461,723
fifteen62,340
sixteen62,963

As of the sixteenth year, the amount will remain at 62,963 MT per year.

  • This paragraph applies to the goods classified in the following tariff items: 0105.94.91, 0207.11.91, 0207.12.91, 0207.13.91, 0207.14.21, 0207.14.91, 0209.90.10, 0210.99.11, 1601.00.21, 1602.20. 21, 1602.32.12 and 32.93.
  • This tariff quota will be assigned per year
  1. Tariff Quota-CA16: Eggs and Egg Products
    • The aggregate quantity of originating goods described in subparagraph (c) that will be authorized to enter tax-free in each contingent year according to this tariff quota is:
Year feeAggregate quantity (dozen equivalent eggs)
one1,666,667
two3,333,333
35,000,000
46,666,667
58,333,333
610,000,000
710,100,000
810,201,000
910,303,010
1010,406,040
eleven10,510,101
1210,615,202
1310,721,354
1410,828,567
fifteen10,936,853
sixteen11,046,221

As of the sixteenth year of quota, the quantity will remain at 11,046,221 dozen equivalent eggs per year.

  • Canada will apply the following provision in the administration of this TRQ:
    • The quantities of the tariff quotas established in subparagraph (a) will be used as a priority for the importation of eggs to break for subsequent food processing (secondary manufacturing).
    • Thirty per cent of the import licenses for the importation of shell eggs will be made available to new
  • This paragraph applies to goods classified in the following tariff sections: 0407.11.91, 0407.21.10, 0407.90.11, 0408.11.10, 0408.19.10, 0408.91.10, 0408.99.10, 2106.90.51, 3502.11.10 and 19.10.
  • This tariff quota will be assigned per year

Section C: Turkey, turkey products, hatching eggs for broilers and chicks

  1. For the purposes of this Section:
    • turkey and turkey products   means products classified in the following tariff items: 0105.99.11, 0207.24.11, 0207.24.91, 0207.25.11, 0207.25.91, 0207.26.10, 0207.27.11, 0207.27.91, 0209.90.30, 0210.99 .14, 1601.00.31, 1602.20.31, 1602.31.12 and 1602.31.93; AND
    • eggs for hatching broilers and chicks   : products classified in the following tariff items: 0105.11.21 and 11.11.
  2. If Canada adopts or maintains TRQs in accordance with Canada’s WTO Tariff Schedule for any of the products set out in Section C, Canada will allow the importation of such products as follows:
    • The level of the global import quota for turkey and turkey products, as defined in Section C, for any given year shall not be less than 3.5 percent of the national Canadian turkey production of the previous year. Except, for a period of 10 years after the entry into force of this Agreement, Canada will calculate the difference, in any given year, between:
      • 5 percent of the previous year’s domestic Canadian turkey production, and
      • 5 percent of the Canadian turkey domestic production quota for that year.

If (i) exceeds (ii) by 1,000 metric tons or more, then Canada may restrict the global import quota level for turkey and turkey products for that year to no more than

3.5 percent of that year’s national Canadian turkey production plus 1,000 metric tons.

  • The combined level of the global hatching egg import quotas for broilers and chicks, as defined in Section C, for a given year shall not be less than

21.1 percent of the estimated Canadian national production of broiler hatching eggs for that year. This estimate will be adjusted and will end on August 1 of each year. This combined annual access level will be subdivided into separate and distinct access levels for hatching eggs for broilers and for chicks for broiler production, so that the annual access level for hatching eggs for broilers of chickens is equivalent to 17.4 percent of the Canadian national production of broiler eggs and the Access level for chicks equivalent to eggs will be 3.7 Percent of Canada’s Domestic Broiler Hatching Egg Production Canada will allow anyone who has received an annual access allocation for broiler hatching eggs to convert any proportion of that allocation into a chicken import allocation at a conversion rate such that

1.27 broiler eggs for hatching equals 1 chick. Chick import allowances cannot be converted to egg import allowances, unless previously agreed by both Parties in writing.

Appendix 2: United States Tariff Schedule – (Tariff Quotas) Section A: General Provisions

  1. This Appendix establishes modifications to the Harmonized Tariff of the United States (HTSUS) that reflect the tariff quotas (tariff quotas) that the United States will apply to certain goods originating in Canada in accordance with this Agreement. In particular, goods originating in Canada included in this Appendix will be subject to the payment of the duty rates established in this Appendix instead of the duty rates specified in Chapters 1 to 97 of the HTSUS. Notwithstanding any other provision of the HTSUS, merchandise originating in Canada will be permitted to enter the territory of the United States in the quantities described in this Appendix, as provided in this Appendix. In addition, except as provided below,Any quantity of originating goods imported from Canada under a tariff quota established in this Appendix will not be counted towards the quantity within any tariff quota established for such goods under the tariff of the United States in the WTO, the list of concessions of the United States . United States in the WTO or any other agreement
  2. Except as provided below, the United States will administer all TRQs provided for in this Agreement and established in this Appendix for the first time in time, first in law.
  3. For the purposes of this Appendix, quota year means year
  4. Each merchandise or group of merchandise covered by each tariff quota established below is informally described in the title of the paragraph that establishes the tariff quota. These headings are included solely to help readers understand this Appendix and will not alter or replace the coverage of each TRQ established by reference to the relevant provisions of the Table.
  5. For the purposes of this Appendix, the term “metric tons” is abbreviated as “MT”.

Section B: Country-specific tariff quotas (tariff quotas)

  1. TRQ-US 1: Liquid cream, sour cream, ice cream, and dairy drinks
    • This paragraph establishes a tariff rate for goods originating in Canada described in subparagraph (d). The TRQ established in this paragraph is designated in Appendix 1 of the United States Schedule to Annex 2-B (Tariff Commitments) with the designation «US 1».
    • The total quantity of merchandise originating in Canada described in subparagraph (d) that will allow duty-free entry in each quota year under this TRQ is:
Year feeAmount added (‘000 liters)
one1,750
two3500
35,250
47,000
58,750
610,500

Beginning in installment year 7, the amount will increase at a compound annual growth rate of one percent for the next 13 years.

  • Goods entered in aggregate amounts in excess of the amounts listed in subparagraph (b) will continue to receive the nation’s tariff treatment plus
  • This paragraph applies to the following provisions of Table 1: AG04014025, AG04015025, AG04039016, AG 21050020 and
  1. TRQ-US 2: Skimmed milk powder
    • This paragraph establishes a tariff rate for goods originating in Canada described in subparagraph (d). The tariff quota established in this paragraph is designated in Appendix 1 of the United States Schedule to Annex 2-B (Tariff Commitments) with the designation «US 2».
    • The total quantity of merchandise originating in Canada described in subparagraph (d) that may enter duty-free in each quota year under this tariff quota is:
Year feeAggregate quantity (MT)
one1250
two2500
33,750
45,000
56,250
67,500

Beginning in installment year 7, the amount will increase at a compound annual growth rate of one percent for the next 13 years.

  • Goods entered in aggregate quantities in excess of the quantities listed in subparagraph (b) will continue to receive the tariff treatment of the nation plus
  • This paragraph applies to the following provisions of Table 1: AG04021050 and AG04022125.
  1. TRQ-US 3: Butter, cream and powdered cream
    • This paragraph establishes a tariff rate for goods originating in Canada described in subparagraph (d). The tariff quota established in this paragraph is designated in Appendix 1 of the United States Schedule of Annex 2-B (Tariff Commitments) with the designation «US 3».
    • The aggregate quantity of products originating in Canada described in subparagraph (d) that may enter duty-free in each quota year under this tariff quota is:
Year feeAggregate quantity (MT)
one750
two1500
32,250
43000
53,750
64,500

Beginning in installment year 7, the amount will increase at a compound annual growth rate of one percent for the next 13 years.

  • Goods entered in aggregate quantities in excess of the quantities listed in subparagraph (b) will continue to receive the tariff treatment of the nation plus
  • This paragraph applies to the following provisions of Table 1: AG04015075, AG04022190, AG04039065, AG04039078, AG04051020, AG04052030, AG04052070, AG04059020, AG21069026 and AG21069036.
  1. TRQ-US 4: Cheese
    • This paragraph establishes a tariff rate for goods originating in Canada described in subparagraph (d). The tariff quota established in this paragraph is designated in Appendix 1 of the United States Schedule to Annex 2-B (Tariff Commitments) with the designation «US 4».
    • The aggregate quantity of products originating in Canada described in subparagraph (d) that may enter duty-free in each quota year under this tariff quota is:
Year feeAggregate quantity (MT)
one2,083
two4,167
36,250
48,333
510,416
612,500

Beginning in installment year 7, the amount will increase at a compound annual growth rate of one percent for the next 13 years.

  • Goods entered in aggregate quantities in excess of the quantities listed in subparagraph (b) will continue to receive the tariff treatment of the nation plus
  • This paragraph applies to the following provisions of Table 1: AG04061008, AG04061018,
AG04061028,AG04061038,AG04061048,AG04061058,AG04061068,AG04061078,
AG04061088,AG04062028,AG04062033,AG04062039,AG04062048,AG04062053,
AG04062063,AG04062067,AG04062071,AG04062075,AG04062079,AG04062083,
AG04062087,AG04062091,AG04063018,AG04063028,AG04063038,AG04063048,
AG04063053,AG04063063,AG04063067,AG04063071,AG04063075,AG04063079,
AG04063083,AG04063087,AG04063091,AG04064070,AG04069012,AG04069018,
AG04069032,AG04069037,AG04069042,AG04069048,AG04069054,AG04069068,
AG04069074,AG04069078,AG04069084,AG04069088,AG04069092,AG04069094,

AG04069097 and AG19019036 ..

  1. TRQ-US 5: Whole milk powder
    • This paragraph establishes a country-specific TRQ for goods originating in Canada described in subparagraph (d). The tariff quota established in this paragraph is designated in Appendix 1 of the United States Schedule of Annex 2-B (Tariff Commitments) with the designation «US 5».
    • The total quantity of merchandise originating in Canada described in subparagraph (d) that may enter duty-free in each quota year under this tariff quota is:
Year feeAggregate quantity (MT)
one115
two230
33. 4. 5
4460
5575
6690

Beginning in installment year 7, the amount will increase at a compound annual growth rate of one percent for the next 13 years.

  • Goods entered in aggregate quantities in excess of the quantities listed in subparagraph (b) will continue to receive the tariff treatment of the nation plus
  • This paragraph applies to the following provisions of Table 1: AG04022150, AG04022950, ​​AG23099028 and AG23099048.
  1. TRQ-US 6: Dry Yogurt, Sour Cream, Buttermilk, and Composite Milk Products
    • This paragraph establishes a country-specific TRQ for goods originating in Canada described in subparagraph (e). The tariff quota established in this paragraph is designated in Appendix 1 of the United States Schedule to Annex 2-B (Tariff Commitments) with the designation «US 6».
    • The aggregate quantity of products originating in Canada described in subparagraph (e) that may enter duty-free in each quota year under this tariff quota is:
Year feeAggregate quantity (MT)
one1,838
two3,677
35,515
47,353
59192
611,030

Beginning in installment year 7, the amount will increase at a compound annual growth rate of one percent for the next 13 years.

  • With respect to the goods described in subparagraph (e) consigned in quantities that exceed the quantities listed in subparagraph (b), for those goods provided for in:
    • the provisions of Table 1 AG04041015 and AG04041090, duties will be eliminated in accordance with the provisions of staging category B11 in the General Notes to the United States Schedule of Annex 2-B (Tariff Commitments), and
    • any other provision of Table 1 described in subparagraph (e) will continue to receive the tariff treatment of the nation most
  • As of January 1 of quota year 11, merchandise originating in Canada contemplated in the provisions of Table 1 AG04041015 and AG04041090 will not count towards the quantities specified in subparagraph (b).
  • This paragraph applies to the following provisions of Table 1: AG04031050, AG04039045, AG04039055, AG04039095, AG04041015, AG04041090 and
  1. TRQ-US 7: Concentrated milk
    • This paragraph establishes a country-specific TRQ for goods originating in Canada described in subparagraph (d). The tariff quota established in this paragraph is designated in Appendix 1 of the United States Schedule to Annex 2-B (Tariff Commitments) with the designation «US 7».
    • The total quantity of merchandise originating in Canada described in subparagraph (d) that will be allowed duty-free in each quota year under this TRQ is:
Year feeAggregate quantity (MT)
one230
two460
3690
4920
51,150
61,380

Beginning in installment year 7, the amount will increase at a compound annual growth rate of one percent for the next 13 years.

  • Goods entered in aggregate amounts in excess of the amounts listed in subparagraph (b) will continue to receive tariff treatment.
  • This paragraph applies to the following provisions in Table 1: AG04029170, AG04029190, AG04029945, AG04029955 and AG04029990.
  1. TRQ-US 8: Other dairy products
    • This paragraph establishes a country-specific TRQ for goods originating in Canada described in subparagraph (e). The tariff quota established in this paragraph is designated in Appendix 1 of the United States Schedule to Annex 2-B (Tariff Commitments) with the designation «US 8».
    • The total quantity of merchandise originating in Canada described in subparagraph (e) that will be allowed duty-free entry in each quota year under this TRQ is:
Year feeAggregate quantity (MT)
one317
two633
3950
41,267
51,583
61,900

Beginning in installment year 7, the amount will increase at a compound annual growth rate of one percent for the next 13 years.

  • With respect to the goods described in subparagraph (e) consigned in quantities that exceed the quantities listed in subparagraph (b), for the goods contemplated in:
    • Provision AG15179060 of Table 1, the tariffs will be eliminated in accordance with the provisions of the staging category B6 in the General Notes of the United States Schedule of Annex 2-B (Tariff Commitments), and
    • any other provision of Table 1 described in subparagraph (e) will continue to receive the tariff treatment of the nation most
  • As of January 1 of quota year 6, merchandise originating in Canada contemplated in provision AG15179060 of Table 1 will not count towards the quantities specified in subparagraph (b).
  • This paragraph applies to the following provisions of Table 1: AG15179060, AG17049058,
AG18062026,AG18062028,AG18062036,AG18062038,AG18062082,AG18062083,
AG18062087,AG18062089,AG18063206,AG18063208,AG18063216,AG18063218,
AG18063270,AG18063280,AG18069008,AG18069010,AG18069018,AG18069020,
AG18069028,AG18069030,AG19011016,AG19011026,AG19011036,AG19011044,
AG19011056,AG19011066,AG19012015,AG19012050,AG19019062,AG19019065,

AG21050040, AG21069009, AG21069066 and AG21069087.

  1. TRQ-US 9: Sugar
    • This paragraph establishes a country-specific TRQ for goods originating in Canada described in subparagraph (e). The tariff quota established in this paragraph is designated in Appendix 1 of the United States Schedule to Annex 2-B (Tariff Commitments) with the designation «US 9».
    • The total quantity of merchandise originating in Canada described in subparagraph (e) that will be allowed to enter duty-free in each quota year under this tariff quota is 9,600 MT. However, no tax-free amount will be allowed to come in unless it is sourced entirely from Canadian-grown sugar beets.
    • In any year in which the United States Secretary of Agriculture (the Secretary) makes a decision to allow import into the United States at quota rates of additional quantities of refined sugar, other than specialty sugar, in excess of the amounts available at those rates. under its commitments under the WTO Agreement and other trade agreements, including this Agreement, that is, additional imports of refined sugar within the quota, the quantity

established for that year in section b) shall increase by an amount equal to 20 percent of the amount of additional imports of refined sugar within the quota that the Secretary determines to allow entry to the United States in that year. Any increase under this subparagraph of an amount established in subparagraph (b) will not become effective until the date additional imports of sugar are allowed to enter the United States within the quota. Refined sugar imported in accordance with this subparagraph can be obtained from non-originating raw sugar.Nothing in this paragraph will modify Canada’s tariffs under the WTO Agreement with respect to any increase by the United States in the quantities of refined sugar that it is allowed to import in excess of quantities available with in-quota tariffs. with its commitments under the WTO Agreement and other trade agreements, including this Agreement.

  • Goods entered in quantities greater than those provided for in the subparagraph

(b) and, goods that are not wholly sourced from Canadian-produced sugar beets will continue to receive most-favored-nation tariff treatment.

  • This paragraph applies to the following provisions of Table 1: AG17011250, AG17011350, AG17011450, AG17019130, AG17019950 and
  1. TRQ-US 10: Products containing sugar
    • This paragraph establishes a country-specific TRQ for goods originating in Canada described in subparagraph (g). The tariff quota established in this paragraph is designated in Appendix 1 of the United States Schedule of Annex 2-B (Tariff Commitments) with the designation «US 10».
    • The total quantity of merchandise originating in Canada described in subparagraph (g) that will be allowed to enter duty-free in each quota year under this TRQ is 9,600
    • In any year in which Canada has provided the United States with written notice pursuant to the terms of subparagraph (d) of Canada’s intention to require export certificates for the export of goods for import under this TRQ, the above amount will only be eligible for tariffs. -free treatment if the US importer makes a declaration to the US Customs and Border Protection (Customs) Office, in the form and manner determined by Customs, that a certificate A valid export certificate issued by the Government of Canada it is valid for the goods.
    • Canada will provide the United States with the notification referred to in subparagraph (c) at least 150 days before the beginning of each year in which Canada requires an export certificate for the export of goods for import in accordance with this TRQ. . Canada will send written notification to the United States contact point designated pursuant to Article 30.5 (Treaty Coordinator and Contact Points).
    • Merchandise entered within the quantity listed in subparagraph (b) that are contemplated in the provisions of Table 1 AG17019148, AG17019158, AG17022028, AG17023028, AG17024028, AG17026028, AG17029058, AG17029068, AG180180610 in Canada. For purposes of this subparagraph,   refined   means a change to a good of HS subheading 1701.91 or 1701.99 from any other good.
    • Goods brought in in quantities that exceed the amount listed in subparagraph (b) will continue to receive the tariff treatment of the nation plus
    • This paragraph applies to the following provisions of Table 1: AG17019148, AG17019158,
AG17022028,AG17023028,AG17024028,AG17026028,AG17029058,AG17029068,
AG17049068,AG17049078,AG18061015,AG18061028,AG18061038,AG18061055,
AG18061075,AG18062073,AG18062077,AG18062094,AG18062098,AG18069039,
AG18069049,AG18069059,AG19011076,AG19012025,AG19012035,AG19012060,
AG19012070,AG19019068,AG19019071,AG21011238,AG21011248,AG21011258,
AG21012038,AG21012048,AG21012058,AG21039078,AG21069046,AG21069072,

AG21069076, AG21069080, AG21069091, AG21069094 and AG21069097.

  • Originating goods subject to final production in Canada will be considered eligible for this TRQ regardless of whether they qualify to be marked as a Canadian good under the laws of the States.

Table 1

TitleDescription of the article
AG04014025Included in tariff heading 04014025
AG04015025Supplied under tariff heading 04015025
AG04015075Supplied under tariff heading 04015075
AG04021050Included in tariff heading 04021050
AG04022125Supplied under tariff heading 04022125
AG04022150Supplied under tariff heading 04022150
AG04022190Included in tariff heading 04022190
AG04022950Included in tariff heading 04022950
AG04029170Included in tariff heading 04029170
AG04029190Included in tariff heading 04029190
AG04029945Included in tariff heading 04029945
AG04029955Included in tariff heading 04029955
AG04029990Included in tariff heading 04029990
AG04031050Included in tariff heading 04031050
AG04039016Supplied under tariff heading 04039016
AG04039045Included in tariff heading 04039045
AG04039055Included in tariff heading 04039055
AG04039065Included in tariff heading 04039065
AG04039078Included in tariff heading 04039078
AG04039095Included in tariff heading 04039095
AG04041015Supplied under tariff heading 04041015
AG04041090Supplied under tariff heading 04041090
AG04049050Included in tariff heading 04049050
AG04051020Included in tariff heading 04051020
AG04052030Included in tariff heading 04052030
AG04052070Included in tariff heading 04052070
AG04059020Included in tariff heading 04059020
AG04061008Supplied under tariff heading 04061008
AG04061018Included in tariff heading 04061018
AG04061028Supplied under tariff heading 04061028
AG04061038Included in tariff heading 04061038
AG04061048Included in tariff heading 04061048
AG04061058Included in tariff heading 04061058
AG04061068Included in tariff heading 04061068
AG04061078Included in tariff heading 04061078
AG04061088Included in tariff heading 04061088
AG04062028Included in tariff heading 04062028
AG04062033Included in tariff heading 04062033
AG04062039Included in tariff heading 04062039
AG04062048Included in tariff heading 04062048
AG04062053Included in tariff heading 04062053
AG04062063Included in tariff heading 04062063
AG04062067Included in tariff heading 04062067
AG04062071Supplied under tariff heading 04062071
AG04062075Included in tariff heading 04062075
AG04062079Supplied under tariff heading 04062079
AG04062083Included in tariff heading 04062083
AG04062087Supplied under tariff heading 04062087
AG04062091Included in tariff heading 04062091
AG04063018Included in tariff heading 04063018
AG04063028Included in tariff heading 04063028
AG04063038Included in tariff heading 04063038
AG04063048Included in tariff heading 04063048
AG04063053Supplied under tariff heading 04063053
AG04063063Included in tariff heading 04063063
AG04063067Included in tariff heading 04063067
AG04063071Included in tariff heading 04063071
AG04063075Included in tariff heading 04063075
AG04063079Included in tariff heading 04063079
AG04063083Included in tariff heading 04063083
AG04063087Included in tariff heading 04063087
AG04063091Included in tariff heading 04063091
AG04064070Included in tariff heading 04064070
AG04069012Included in tariff heading 04069012
AG04069018Included in tariff heading 04069018
AG04069032Included in tariff heading 04069032
AG04069037Included in tariff heading 04069037
AG04069042Included in tariff heading 04069042
AG04069048Included in tariff heading 04069048
AG04069054Included in tariff heading 04069054
AG04069068Included in tariff heading 04069068
AG04069074Included in tariff heading 04069074
AG04069078Included in tariff heading 04069078
AG04069084Included in tariff heading 04069084
AG04069088Included in tariff heading 04069088
AG04069092Included in tariff heading 04069092
AG04069094Supplied under tariff heading 04069094
AG04069097Included in tariff heading 04069097
AG15179060Included in tariff heading 15179060
AG17011250Included in tariff heading 17011250
AG17011350Included in tariff heading 17011350
AG17011450Supplied under tariff heading 17011450
AG17019130Supplied under tariff heading 17019130
AG17019148Included in tariff heading 17019148
AG17019158Included in tariff heading 17019158
AG17019950Included in tariff heading 17019950
AG17022028Included in tariff heading 17022028
AG17023028Included in tariff heading 17023028
AG17024028Provided in tariff heading 17024028
AG17026028Included in tariff heading 17026028
AG17029020Supplied under tariff heading 17029020
AG17029058Supplied under tariff heading 17029058
AG17029068Included in tariff heading 17029068
AG17049058Included in tariff heading 17049058
AG17049068Included in tariff heading 17049068
AG17049078Included in tariff heading 17049078
AG18061015Provided in tariff heading 18061015
AG18061028Provided in tariff heading 18061028
AG18061038Included in tariff heading 18061038
AG18061055Provided in tariff heading 18061055
AG18061075Provided in tariff heading 18061075
AG18062026Provided in tariff heading 18062026
AG18062028Provided in tariff heading 18062028
AG18062036Provided in tariff heading 18062036
AG18062038Provided in tariff heading 18062038
AG18062073Provided in tariff heading 18062073
AG18062077Provided in tariff heading 18062077
AG18062082Provided in tariff heading 18062082
AG18062083Provided in tariff heading 18062083
AG18062087Provided in tariff heading 18062087
AG18062089Provided in tariff heading 18062089
AG18062094Included in tariff heading 18062094
AG18062098Provided in tariff heading 18062098
AG18063206Included in tariff heading 18063206
AG18063208Supplied under tariff heading 18063208
AG18063216Provided in tariff heading 18063216
AG18063218Included in tariff heading 18063218
AG18063270Provided in tariff heading 18063270
AG18063280Provided in tariff heading 18063280
AG18069008Supplied under tariff heading 18069008
AG18069010Included in tariff heading 18069010
AG18069018Included in tariff heading 18069018
AG18069020Included in tariff heading 18069020
AG18069028Included in tariff heading 18069028
AG18069030Included in tariff heading 18069030
AG18069039 Included in tariff heading 18069039

ANNEX 2-C

PROVISIONS BETWEEN MEXICO AND THE UNITED STATES ON AUTOMOTIVE GOODS

  1. This Annex does not apply to originating goods that qualify for duty-free preferential tariff treatment under Chapter 4 (Rules of Origin), which are imported into the United States from Mexico and which are:
    • passenger vehicles classified in subheadings 21 to 8703.90;
    • Light trucks classified in subheadings 21 or 8704.31, or
    • auto parts listed in the Appendix of this
  2. The tariff applied by the United States to passenger vehicles imported from Mexico classified in subheadings 8703.21 to 8703.90 that do not qualify as originating according to Chapter 4 (Rules of Origin), shall not exceed the lower of 2.5 percent or the tariff rate of favored nation (MFN) of the United States in effect at the time of importation of the merchandise.
  3. The customs duty that the United States applies to light trucks imported from Mexico classified in subheadings 8704.21 or 8704.31 that do not qualify as originating according to Chapter 4 (Rules of Origin), shall not exceed 25 percent or the tariff rate, which make it less. United States MFN in force at the time of importation of the merchandise.
  4. The customs duty applied by the United States to auto parts imported from Mexico listed in the Appendix to this Annex that do not qualify as originating in accordance with Chapter 4 (Rules of Origin) of this Agreement, will not exceed the lowest MFN duty. United States rate in effect on August 1, 2018 or the MFN tariff in effect at the time of importation of the merchandise.
  5. If the United States implements any measure that increases its MFN tariff rate in effect as of August 1, 2018, for passenger vehicles classified in subheadings 8703.21 to 8703.90, or for auto parts listed in the Appendix to this Annex, and for the purpose of protect Mexico’s ability to export passenger vehicles and auto parts through the territories of the Parties in volumes that take into account Mexico’s existing manufacturing capacity, the following shall apply:
    • The tariff applied by the United States to a passenger vehicle classified in subheadings 8703.21 through 8703.90 imported from Mexico that does not qualify as originating under Chapter 4 (Rules of Origin) will not exceed 2.5 percent as long as the vehicle meets a requirement of regional value. content of at least 62.5 percent under the net cost method as established in Article 4.5 (Regional value content). Additionally, the provisions regarding averages according to Article 10.4 of the Appendix to Annex 4-B (Regional content value for other vehicles) and other provisions according to Article 10.6 of the Appendix to Annex 4-B (Regional content value for other vehicles ). The United States can limit this treatment to 1,600,000 vehicles in any one year.
    • The tariff applied by the United States to an automobile part listed in the Appendix to this Annex imported from Mexico that does not qualify as originating under Chapter 4 (Rules of Origin) will not exceed the MFN rate applied by the United States in effect on August 1 of 2018, provided that the auto part meets a regional value content requirement of at least 50 percent under the net cost method, or 60 percent under the transaction value method, as established in Article 4.5 (Regional content value) or whatever The originating material used in the production of auto parts is classified in a different heading than auto parts. In addition, the provisions regarding averages in accordance with Article 10 apply.5 of Appendix to Exhibit 4-B (Regional Value Content for Other Vehicles) The United States may limit this treatment to auto parts valued at $ 108 billion in any year.
    • Mexico will monitor and assign or manage the quantities of passenger vehicles and the value of the auto parts eligible for the treatment established in subsections (a) and (b).
    • The customs duty applied by the United States to passenger vehicles classified in subheadings 8703.21 to 8703.90 or auto parts listed in the Appendix to this Annex that do not qualify as originating in accordance with Chapter 4 (Rules of Origin) imported from Mexico in excess of the amounts established in subsections (a) and (b) will be the MFN tariff applied by the United States that is in effect at the time of importation of the merchandise.
    • For greater certainty, the merchandise described in subsections (a) and (b) will be subject to Chapter 5 (Origin Procedures).

APPENDIX AUTOMOBILE PARTS

Note:   Descriptions are provided together with the applicable fee provision, for reference purposes only.

381900Hydraulic brake fluids
382000Antifreeze
392350Plugs, lids, plugs and other closing devices
392630Hardware for furniture, bodywork or similar
392690Plastic items in general
400912Tubes, unreinforced, combined with metals, accessories
400922Pipes, reinforced, combined with metals, accessories
400931Reinforced or otherwise combined with textile material only – no accessories
400932Only textile reinforced tubes, with accessories
400942Tubes reinforced with another textile material, with accessories
401031Endless ribbed drive belts with a circumference greater than 60cm but less than or equal to 180cm
401032Endless transmission belts, without grooves, with a circumference greater than 60 cm but less than or equal to 180 cm
401033Endless ribbed drive belts with a circumference greater than 180cm but less than or equal to 240cm
401034Endless transmission belts, without grooves, with a circumference greater than 180 cm but less than or equal to 240 cm
401039Drive belts, vulcanized rubber
401110New rubber tires for cars.
401120New rubber tires, for buses or trucks
401211Retreaded rubber car tires
401212Retreaded Rubber Truck Tires
401219Other retreaded tires
401310Rubber inner tubes for car, bus or truck tires
401610Other untempered cellular rubber articles
401693Vulcanized rubber gaskets or packings
401699Other vulcanized rubber manufactures
490890Others
681320Containing asbestos (asbestos)
681381Brake linings that do not contain asbestos
681389The rest, which does not contain asbestos
681510Manufactures of graphite or other carbons, for uses other than electrical

APPENDIX AUTOMOBILE PARTS

Keep going

700711Tempered glass for automotive use.
700721Plywood glass for use in cars, airplanes or other vehicles
700910Rear view mirrors for vehicles
701400Glass for the marking of glass optics (except those of heading 70.15), not optically worked
731511Articulated link chains and their parts: roller chains
731815All other screws and bolts, including their nuts and washers
731816Walnuts
732010Crossbows and their blades, of iron or steel
732020Helical springs, iron or steel
830120Base metal locks of a kind used on motor vehicles
830210Hinges and their parts of base metal
830230Other hardware, fittings and similar articles of base metal for vehicles
830260Automatic door closer
830990Others
831000Identification plates, inscription plates, address plates and similar plates, numbers, letters and miscellaneous signs, of base metal, other than those of heading 94.05
840731Reciprocating piston (piston) engines with a displacement less than or equal to 50 cm3
840732Reciprocating piston (piston) engines with a displacement greater than 50 cm3 but less than or equal to 250 cm3
840733Reciprocating piston (piston) engines, with a displacement greater than 250 cm3 but less than or equal to 1000 cm3
840734Reciprocating piston (piston) engines, with a displacement greater than 1000 cm3
840820Compression-ignition piston engines
840991Other parts, primarily intended for positive-ignition piston engines
840999Other parts of positive ignition piston engines
841330Fuel, oil or coolant pumps for compression or positive ignition engines
841350Alternative volumetric pumps
841391Alternative parts for volumetric pumps
841430Compressors of a kind used in refrigeration equipment.
841459Other fans (turbochargers and superchargers)
841480Other fans, air / gas pumps, compressors

APPENDIX AUTOMOBILE PARTS

Keep going

841520Machines and apparatus for automobile air conditioning
841590Parts of machines and apparatus for air conditioning
842123Apparatus for filtering or purifying liquids: for filtering lubricants or fuels in positive or compression ignition engines
842131Apparatus for filtering or purifying gases: air inlet filters for positive ignition or compression engines
842139Catalytic converters
842199The other parts
842541Fixed lifts for motor vehicles, of a kind used in workshops
842542Fixed jacks for motor vehicles, other hydraulic jacks
842549The other cats
842691Other machines and apparatus for mounting them on road vehicles.
843110Parts for hoists, winches and winches; cats
847989Electro-hydraulic devices, to increase the braking capacity of motor vehicle engines
848120Valves for oil-hydraulic or pneumatic transmissions
848130retention valves
848180Other articles of taps and similar organs for pipes, tanks, including thermostatic valves
848210Ball bearings
848220Tapered roller bearings, including tapered and tapered roller assemblies
848230Barrel Roller Bearings
848240Needle roller bearings
848250Cylindrical roller bearings
848280Others, including combination bearings
848291Balls, rollers and needles for bearings
848299The other parts
848310Drive shafts (including camshafts and crankshafts) and cranks
848320Bearing housings with integrated bearings
848330Bearing housings without built-in bearings; aspects
848340Gears, threaded ball or roller screws; gearboxes, etc.
848350Flywheels and pulleys, including blocks
848360Clutches and coupling elements, including articulation joints

APPENDIX AUTOMOBILE PARTS

Keep going

848390Sprockets and other transmission elements presented separately; parts
848410Metalloplastic gaskets, assorted gaskets or gaskets of different composition presented in bags
848420Mechanical sealing gaskets
848490Others
848790Others
850110Electric motors with an output power less than or equal to 37.5 W
850120Universal motors with an output power greater than 37.5 W
850131Motors with an output power less than or equal to 750 W
850132Motors with an output power greater than 750 W but less than or equal to 75 kW
850133Motors with an output power greater than 75 kW but less than or equal to 375 kW
850140Other single phase AC motors
850152Other multiphase alternating current motors: with an output power greater than 750 W but less than or equal to 75 kW
850153Other multiphase AC motors: with an output power greater than 75 kW
850300Identifiable parts for the destination, exclusively or mainly, for machines of heading 85.01 or 85.02
850520Couplings, clutches, variable speed drives and brakes, electromagnetic
850590Others, including parts
850710Lead acid batteries, the kind used to start piston (piston) engines
850720Other lead
850730Nickel-cadmium batteries
850740Nickel-iron batteries
850750Nickel Metal Hydride Batteries
850760Lithium ion batteries
850780Others
850790Parts of the battery, including its spacers
851110Plugs
851120Magnets; dynamomagnets; magnetic steering wheels
851130Dealers; ignition coils
851140Starters, although they also function as generators
851150The other generators

APPENDIX AUTOMOBILE PARTS

Keep going

851180Other home appliances and devices
851190Parts of appliances and electric ignition or starting devices
851220Other lighting or visual signaling devices, except bicycles
851230Acoustic signaling devices for motor vehicles
851240Windshield wipers and frost or mist eliminators
851290Parts of lighting or visual signaling devices, windscreen wipers, etc.
851679Other electrothermal devices
851712Phones, including cell phones and phones on other wireless networks
851761Other devices for transmitting or receiving voice, images or other data, including those for wired or wireless network communication: base stations
851762Apparatus for the reception, conversion and transmission or regeneration of voice, image or other data, including switching and routing apparatus («switching and routing apparatus»)
851840Audio Frequency Electric Amplifiers
851981Sound recording apparatus; sound reproduction apparatus
852290Others
852560Transmitting devices with built-in receiving device
852580Television cameras, digital cameras, and camcorders
852691Radio navigation devices, including GPS equipment
852692Radio remote control devices
852721Broadcasting apparatus combined with sound recorder or player
852729Other broadcasting apparatus
852859Other monitors, which do not incorporate television reception apparatus
852910Antennas and reflectors, and their parts
852990Parts for radio and navigation devices
853180Other acoustic or visual signaling devices
853610Fuses
853641Relays for a voltage less than or equal to 60 V
853650Other switches, disconnectors and switches with voltage not exceeding 1000v
853690Other devices for the protection of electrical circuits with a voltage not exceeding 1000 V
853710For a voltage less than or equal to 1000 V
853910«Sealed» electric lamp units
854449Other electrical conductors for a voltage not exceeding 1000 V

APPENDIX AUTOMOBILE PARTS

Keep going

853921Halogens, tungsten (tungsten)
854370Other machinery
854430Insulated wire sets for spark plugs and other wire sets of a kind used in conveyances
854442Other electrical conductors: provided with connection pieces
854520Carbon or graphite electric brushes
870600Chassis of motor vehicles, equipped with its engine.
870710Vehicle bodies for the transport of people
870790Bodies for tractors and motor vehicles (public transport, etc.)
870810Fenders (bumpers, bumpers) and their parts
870821Seat belt
870829Other body parts and accessories for motor vehicles
870830Brakes and servo brakes and their parts
870840Gearboxes and their parts
870850Axles with differential
870 870Wheels, their parts and accessories
870880Suspension systems and their parts (including shock absorbers)
870891Radiators and their parts
870892Mufflers and exhaust pipes (tubes); his parts
870893Clutches and their parts
870894Flyers, columns and boxes; his parts
870895Inflatable security bags with inflation system (airbag); his parts
870899Other motor vehicle parts and accessories
871690Trailer and semi-trailer parts
901410Compasses, including navigation compasses
902519Other thermometers not combined with other instruments
902610Instruments to measure or control the flow or level of liquids.
902620Instruments to measure or control pressure
902710Gas or smoke analyzers: electrical
902790Microtomes; Parts & Accessories
902910Revolution counter, production counters, etc.
902920Speedometers and tachometers; Strobe lights
902990The other parts and accessories of the tachometer, production counters.
903149Measurement and verification instruments
903180Other instruments, apparatus and machines for measurement and verification.

APPENDIX AUTOMOBILE PARTS

Keep going

903289Other instruments and apparatus for automatic regulation or control
903290Parts and accessories of instruments and regulating apparatus.
903089Others
910400Dashboard clocks and similar clocks, for automobiles
940120Seats of a kind used in motor vehicles
940190Parts of seats (medical, hairdressing, dental, etc.)
961380The other lighters and lighters
961390Parts

CHAPTER 3 AGRICULTURE

Section A: General provisions

Article 3.1: Definitions

For the purposes of this Chapter:

Agreement on Agriculture   means the   Agreement on Agriculture   , mentioned in Annex 1A of the WTO Agreement;

agricultural merchandise   means the agricultural product referred to in Article 2 of the Agreement on Agriculture; AND

export subsidy   has the same meaning as «export subsidy» referred to in Article 1 (e) of the Agreement on Agriculture.

Article 3.2: Scope of application

  1. This Chapter applies to measures adopted or maintained by a Party related to trade in agricultural goods.
  2. In the event of inconsistency between this Chapter and another provision of this Agreement, this Chapter shall prevail to the extent that

Article 3.3: International cooperation

The Parties will work together in the WTO to promote greater transparency and to continue to improve and develop multilateral disciplines on market access, domestic support and export competition with the objective of substantial and progressive reductions in support and protection that result in to a fundamental reform.

Article 3.4: Export competition

  1. Neither Party shall adopt or maintain an export subsidy for any agricultural good destined for the territory of another.
  2. If a Party considers that an export financing assistance provided by another Party results or could result in a distorting effect on trade between the Parties or considers that another Party is providing an export subsidy, with respect to a agricultural asset, you may request to discuss the matter with the other Party. The consulted Party shall agree to discuss the matter with the requesting Party as soon as

Article 3.5: Export restrictions – Food safety

  1. For the purposes of this article, «food product» includes fish and fishery products intended for consumption.
  2. The Parties recognize that, pursuant to Article XI: 2 (a) of the GATT 1994, a Party may temporarily apply a prohibition or restriction on exports that would otherwise be prohibited by Article XI: 1 of the GATT 1994 in relation to a food product to prevent or remedy a critical shortage, subject to compliance with the conditions established in Article 12.1 of the Agreement on Agriculture   .
  1. In addition to the conditions set forth in Article 12.1 of the Agreement on Agriculture under which a Party may apply an export prohibition or restriction, other than a duty, tax or other charge on a food product, a Party that:
    • imposes a prohibition or restriction on the export or sale to export a food product to another Party shall notify the other Parties of the measure at least 30 days before its entry into force, except when the critical shortage is caused by an event that constitutes a force majeure (   force majeure   ), in which case the Party shall notify the measure before the date of its entry into force; or
    • maintains an export prohibition or restriction on the date of entry into force of this Agreement, will notify the other Parties of the measure within 30 days following the date of entry into force of this Agreement.
  2. A notification made pursuant to paragraph 3 must include: the reasons for adopting or maintaining the export prohibition or restriction, an explanation of how the measure is consistent with Article XI: 2 (a) of the GATT 1994 and an identification of alternative measures, if any, that the Party considered before imposing the export ban or restriction.
  3. A Party is not required to notify an export prohibition or restriction pursuant to paragraphs 3 or 8 if the measure prohibits or restricts the export or sale for export only of a food product for which the Party has been an importer. net during each of the three calendar years prior to the imposition of the measure, excluding the year in which the Party imposes the
  4. If the Party adopting or maintaining a measure referred to in paragraph 3 has been a net importer of each food product subject to the measure during each of the three calendar years prior to the imposition of the measure, excluding the year in which the measure Party imposes the measure, and the Party does not provide the other Parties with a notification in accordance with paragraph 3, the Party shall provide the other Parties, within a reasonable period of time, commercial information showing that it was a net importer of the product food during these three years
  5. A Party that is required to notify a measure under paragraph 3:
    • upon request of another Party that has a substantial interest as an importer of the food product subject to the measure, consult with that Party on any matter related to the measure;
    • At the request of another Party that has a substantial interest as an importer of the food product subject to the measure, provide that Party with relevant economic indicators regarding whether a critical shortage exists or is likely to occur within the meaning of Article XI: 2 (a ) GATT 1994 in the absence of the measure, and how the measure will prevent or remedy critical shortages; AND
    • respond in writing to any question posed by another Party regarding the measure, within 14 days of receipt of the request.
  6. A Party that considers that another Party should have notified a measure under paragraph 3 may bring the matter to the attention of that other Party. If the matter is not resolved in a timely and satisfactory manner as of that moment, the Party that considers that the measure should have been notified may itself bring the measure to the attention of the third party.
  7. Normally, a Party should terminate a measure subject to notification pursuant to paragraphs 3 or 8 within six months from the date of its adoption. A Party that contemplates the continuation of a measure beyond six months from the date the measure is adopted shall notify the other Parties no later than five months after the date of adoption of the measure and shall provide the information identified in paragraph 3. Unless the Party has consulted with the other Parties that are net importers of the foodstuff subject to the export ban or restriction, the Party shall not continue with the measure after 12 months from the date on which the Party adopted the measure. The Party shall immediately cease the measure when the critical shortage or threat of shortage ceases.
  8. Neither Party shall apply a measure subject to notification pursuant to paragraphs 3 or 8 to a food product purchased for non-humanitarian purposes.

Article 3.6: Internal aid

  1. The Parties recognize that domestic support measures can be of crucial importance to their agricultural sectors, but that they can also have trade-distorting effects and effects on production. If a Party provides support to its agricultural producers, the Party will consider domestic support measures that do not have or have minimal trade or production distorting effects.
  2. If a Party raises concerns that the other Party’s domestic support measure has had a negative impact on trade between them, the Parties will share relevant information with each other regarding the domestic support measure and discuss the matter in order to address to minimize the negative impact on

Article 3.7: Committee on Agricultural Trade

  1. The Parties establish an Agricultural Trade Committee (Agricultural Committee), composed of representatives of each of them.
  2. The functions of the Agricultural Committee will include:
    • promote trade in agricultural products between the Parties in accordance with this Agreement;
    • supervise and promote cooperation in the implementation and administration of this Chapter;
    • create a forum for the Parties to consult and try to address trade problems or barriers and improve access to their respective markets, in coordination or in conjunction with other committees, working groups or any other subsidiary body established pursuant to this Agreement;
    • endeavor to exchange information on trade in agricultural merchandise between the Parties, including the information included in Article 3.10.1 (Transparency and Consultations) or any other relevant provision on transparency of this Chapter;
    • promote cooperation between the Parties in areas of mutual interest, such as rural development, technology, research and development, and capacity building, and the creation of joint programs mutually agreed upon between the organizations involved in agriculture, among others;
    • carry out additional tasks, including those assigned by the Commission or referred to by any other committee;
    • recommend to the Commission any modification or addition to this Chapter; AND
    • report annually on its activities to the Commission.
  3. The Agricultural Committee will establish its terms of reference at its first meeting and may revise those terms as necessary.
  4. The Agricultural Committee shall meet within one year from the entry into force of this Agreement and once a year thereafter, unless the Parties decide otherwise.

Article 3.8: Agricultural Advisory Committees

  1. The activities of the Agricultural Consultative Committees (CCA) established in:
    • the   mandate of the Canada-United States Agricultural Advisory Committee pursuant to the Memorandum of Understanding between the Government of the United States of America and Canada regarding agricultural trade areas   (ROU) of December 4, 1998;
    • the   Memorandum of Understanding between the United States Department of Agriculture and the Office of the United States Trade Representative, and the Secretary of Agriculture, Livestock, Rural Development, and Fisheries and Food of the United States of Mexico in relation to Food Areas and Agriculture. Trade   (MDE USA-MX) dated October 1, 2001 and reinstated on March 6, 2007; AND
    • the   Memorandum of Understanding between the Secretariat of Agriculture, Livestock, Rural Development and Fisheries and Food of the United Mexican States and the Secretariat of Agriculture and Agroindustry of Canada for the Establishment of the Mexico-Canada Agricultural Advisory Committee   (MDE MX-CA) of 1 February 2002 and reinstated on March 6, 2006,

will be organized, upon entry into force of this Agreement, in accordance with this Agreement.

  1. The CCAs will be governed and operated in accordance with the respective ROU or MOU and all administrative or implementation documents, including their
  2. CECs may report to the Agricultural Committee, the Committee on Sanitary and Phytosanitary Measures or the Committee on Technical Barriers to Trade about their

Article 3.9: Special agricultural safeguards

Originating agricultural products traded under preferential tariff treatment shall not be subject to any tariff applied by the importing Party, in accordance with a special safeguard adopted under the Agreement on Agriculture.1

Article 3.10: Transparency and consultation

  1. Each Party shall endeavor, as appropriate, to share with another Party, upon express request, available information regarding a measure related to trade in agricultural products adopted by a level of regional government in its territory that may have a significant effect on trade. . among those
  2. At the request of another Party, a Party shall meet to discuss and, if appropriate, resolve issues that arise regarding classification, quality, technical specifications, and other standards that affect trade between the parties.

Article 3.11: Annexes

  1. Schedule 3-A applies to trade in agricultural merchandise between Canada and the United States.
  2. Annex 3-B applies to trade in agricultural merchandise between Mexico and the States
  3. Exhibit 3-C applies to the trade in distilled beverages, wine, beer, and other alcoholic beverages.
  4. Annex 3-D applies to trade in proprietary prepackaged formulations and food additives.

Section B: Agricultural Biotechnology

Article 3.12: Definitions

For the purposes of this Section:

Agricultural biotechnology   means technologies, including modern biotechnology, that are used in the deliberate manipulation of an organism to introduce, eliminate or modify one or more inherited characteristics of a product for use in agriculture or aquaculture and that do not consist of technologies used in traditional breeding and selection. ;

Modern biotechnology   means the application of:

  • in vitro  nucleic acid techniques   , including recombinant deoxyribonucleic acid (recombinant DNA) and direct injection of nucleic acid into cells or organelles; or
  • cell fusion beyond the taxonomic family,

that overcome natural physiological barriers to reproduction or recombination and are not techniques used in traditional breeding and selection;

agricultural biotechnology product   means an agricultural good, or a fish or fishery product included in Chapter 3 of the Harmonized System, developed using agricultural biotechnology, but does not include a medicine or medical product;

modern biotechnology product   means an agricultural good, or a fish or fishery product included in Chapter 3 of the Harmonized System, developed using modern biotechnology, but does not include a drug or medical product; AND

Low-level occurrence (PBN)   means low levels of recombinant DNA plant material that has been subjected to a food safety assessment in accordance with the   Guidelines for Performing the Safety Assessment of Foods Obtained from Recombinant DNA Plants   (CAC / GL 45-2003) of the   Codex Alimentarius   , in one or more countries, which can sometimes be inadvertently present in food or feed within importing countries where the food safety of the recombinant DNA plant has not been determined to be relevant.

Article 3.13: Contact points

Each Party shall designate and notify a contact point or points to share information on matters related to this Section, in accordance with Article 30.5 (Coordinator of the Agreement and Contact Points).

 
  
  • For greater certainty, an agricultural good to which the most-favored-nation tariff treatment applies may be subject to additional tariffs applied by a Party pursuant to a special safeguard adopted pursuant to the Agreement on Agriculture.

Article 3.14: Trade in agricultural biotechnology products

  1. The Parties confirm the importance of promoting agricultural innovation and facilitating trade in agricultural biotech products, while meeting legitimate objectives, inter alia, by promoting transparency and cooperation, and the exchange of trade-related information. of agricultural biotechnological products. agricultural biotechnology.
  2. This Section does not oblige a Party to issue an authorization for an agricultural biotechnology product to be in the
  3. Each Party shall make available to the public and, to the extent possible, online:
    • the information and documentation requirements to obtain an authorization, if required, of an agricultural biotechnology product;
    • a summary of any risk or safety assessment that resulted in the authorization, if required, of an agricultural biotechnology product; AND
    • a list of agricultural biotechnology products that have been authorized in your
  4. To reduce the likelihood of trade disruptions in agricultural biotechnology products:
    • Each Party will continue to encourage applicants to submit timely and simultaneous applications to the Parties for authorization, if necessary, of agricultural biotechnology products;
    • a Party requiring an authorization for an agricultural biotechnology product:
      • accept and review applications for authorization, if necessary, of agricultural biotechnology products on an ongoing basis throughout the year,
      • Adopt or maintain measures that allow the initiation of internal regulatory authorization processes for a product that has not yet received authorization in another country,
      • If an authorization is subject to expiration, you will take steps to help ensure that the product review is completed and a decision is made in a timely manner and, if possible, before expiration, and
      • communicate to other Parties about new and existing authorizations for agricultural biotech products in order to improve the exchange of information.

Article 3.15: occurrence of PBN

  1. Each Party shall adopt or maintain policies or approaches designed to facilitate the management of any Occurrence of
  2. To address a PBN occurrence and to prevent future PBN occurrences, at the request of an importing Party, an exporting Party:
    • provide any summary of the specific risk or safety assessments that the exporting Party has performed in relation to the authorization of the modern biotech product that is the subject of the PBN occurrence;
    • Provide, if required and once allowed by the entity, a contact point of the entity within its territory that has received authorization for the modern biotechnological product that is the object of the PBN Occurrence and that, based on said authorization, is likely to you have:
      • any validated method that exists for the detection of the modern biotech product subject to the presence of PBN,
      • any reference sample of the modern biotech product that is the subject of PBN occurrence, necessary for the detection of PBN occurrence, and
      • relevant information2 that can be used by the importing Party to conduct a risk or safety assessment, if applicable, in accordance with relevant international standards and guidelines; AND
    • It will encourage the entity that received within its territory the authorization related to the modern biotechnology product that is the object of the PBN occurrence, to share the information referred to in paragraph 2 (b) with the Party.
 
  
  • For example, relevant information includes information contained in Annex 3 of the   Codex Alimentarius Guidelines for the Conduct of the Safety Assessment of Foods   Derived from Recombinant-DNA Plants (CAC / GL 45-2003)     .
  1. In the event of a PBN, the importing Party:
    • inform the importer or the agent of the importer about the occurrence of PBN and any additional information, including the information mentioned in paragraph 2 (b) of this article, that it must present to help the importing Party make a decision. on the management of the occurrence of PBN;
    • upon request, and if available, provide the exporting Party with a summary of any risk or safety assessment that the importing Party has performed in accordance with its legal system in relation to the occurrence of PBN;
    • Ensure that the PBN Event is handled without unnecessary delay and that any measures3 applied to handle the PBN Event are appropriate to achieve compliance with the laws and regulations of the importing Party, and take into consideration any risk presented by the PBN Event; AND
    • take into consideration, as appropriate, any relevant safety or risk assessment provided, and authorization granted, by another Party or non-Party, when deciding how to handle the PBN Event.

Article 3.16: Working Group for Cooperation in Agricultural Biotechnology

  1. The Parties establish a Working Group for Cooperation in Agricultural Biotechnology (Working Group) for the exchange of information and cooperation on policy and trade-related matters associated with agricultural biotechnology products. The Working Group will be co-chaired by government representatives from each of the Parties and will be composed of public officials responsible for issues related to agricultural biotechnology from each of the Parties. The Working Group will report to the Agriculture Committee on its activities and progress on the issues
  2. The Working Group will provide a forum for Parties to:
    • exchange information on issues, including existing and proposed laws, regulations and internal policies, and on any risk or safety assessments subject to appropriate confidentiality agreements, related to trade in agricultural biotech products;
    • exchange information and collaborate where possible on issues related to agricultural biotechnology products, including regulatory and policy developments;
    • consider work, based on accumulated knowledge and experience on certain products, in the areas of policy and regulatory affairs to facilitate trade in agricultural biotech products;
    • collaborate to consider common approaches to managing a PBN incident; AND
    • consider work carried out within the framework of other trilateral cooperation mechanisms focused on agricultural biotechnology, including the Trilateral Technical Working Group, established by the Parties in 2003 and operating in accordance with the February Terms of Reference
  3. The Working Group will coordinate efforts to promote transparent, science-based, and risk-based trade policy and regulatory approaches for agricultural biotechnology products in other countries and organizations.
  4. The Working Group shall meet annually, unless the Parties decide otherwise, and may meet in person or by any other means determined by the
 
  
  • For the purposes of this paragraph, «measure» does not include

ANNEX 3-A

AGRICULTURAL TRADE BETWEEN CANADA AND THE UNITED STATES

Article 3.A.1: Tariff classifications

  1. Canada will notify the United States of any change to the   Canadian Tariff that increases the customs duty applicable to dairy, poultry, or egg products when imported into Canada from the United States4 prior to making such change. To the fullest extent possible, Canada will provide such notification immediately upon posting of the change proposal, in order to provide sufficient opportunity for the United States to review the proposal prior to implementation. If requested by the United States, Canada will promptly provide information to the United States and respond to questions from the United States regarding any rate changes   . From Canada that increases the customs duty applicable to dairy, poultry or egg products when imported into Canada from the United States, regardless of whether or not the United States has been previously notified of the
  2. The United States will notify Canada of any change to the   United States Harmonized Tariff   that increases the customs duty applicable to a sugar, sugar-containing (PCA), or dairy product when imported into the United States from Canada5 prior to such change. To the fullest extent possible, the United States will provide such notice immediately upon publication of the change proposal to provide sufficient opportunity for Canada to review the proposal prior to implementation. If requested by Canada, the United States will immediately provide information to Canada and respond to questions from Canada, regarding any changes to the   United States Harmonized Rate of Duty.that increases the customs duty applicable to a sugar, PCA, or dairy product when imported into the United States from Canada, regardless of whether or not Canada has been previously notified of the
  3. At the request of the other Party, a Party shall meet to discuss any measure or policy that may affect trade between the Parties in a sugar, PCA, dairy, poultry or egg product, within 30 days after the

Article 3.A.2: Administration of tariff quotas

  1. For the purposes of this article:

tariff quota   means a mechanism that provides for the application of a preferential tariff to imports of a specific originating good up to a specified quantity (quantity within the quota), and at a different rate to imports of said good that exceeds that quantity; AND

Allocation mechanism   means any system in which access to the TRQ is granted on a basis other than first in time, first in right.

  1. For the purposes of this Article, tariff quotas means only those tariff quotas established in accordance with this Agreement as indicated in the Party’s Schedule within Annex 2-B (Tariff Commitments). For greater certainty, this Article does not apply to tariff quotas established in the Schedule of a Party to the Agreement on the
  2. Each Party shall implement and administer its TRQs in accordance with Article XIII of the GATT 1994, including its interpretative notes, the Agreement on Import Licensing and Article 2.15 (Transparency in Import Licensing). All tariff quotas established by a Party pursuant to this Agreement shall be incorporated into that Party’s Schedule in Annex 2-B (Tariff Commitments).
  • For the purposes of this paragraph, a «change to the  Canadian Tariff Schedule  that increases the customs duty applicable to a dairy, poultry, or egg product when imported into Canada from the United States» means a change to the Canadian Schedule.   Canadian Tariff Rate that modifies the tariff classification of any good that has not previously been classified in a tariff heading listed in Appendix A, the result of which results in a good being classified in a tariff heading listed in Appendix
  • For the purposes of this paragraph, a «change to the  Harmonized Tariff Rate of  the   United States   that increases the customs duty applicable to a sugar, PCA or dairy product, when imported into the United States from Canada» means a change to the   Rate Harmonized Tariff. of the United States   that modifies the classification of any merchandise that has not been previously classified in a tariff item listed in Appendix B of this Annex, the result of which results in a good being classified in a tariff item listed in Appendix
  1. Each Party shall ensure that its procedures for administering its TRQs:
    • they are transparent;
    • they are fair and equitable;
    • use clearly specified deadlines, administrative procedures and requirements;
    • they are not administratively more burdensome than necessary;
    • respond to market conditions; AND
    • are managed in a way
  2. The Party administering a TRQ shall publish on its designated website, all information regarding the administration of the TRQ at least 90 days prior to the start of the TRQ year, including the size of the quotas and the requirements for
  3. Each Party shall administer its TRQs in a manner that provides importers the opportunity to fully utilize the quota quantities.
    • Except as provided in subparagraphs (b) and (c), no Party shall introduce a new or additional condition, a limit or an eligibility requirement for the use of a tariff quota for the importation of an agricultural good, including in relation to the specification or grade, permitted end use of the imported product or packaging size beyond those established in its Schedule in Annex 2-B (Tariff Commitments). For greater certainty, paragraph 6 shall not apply to conditions, limits or eligibility requirements that apply regardless of whether or not the importer uses the TRQ when importing an agricultural good.
    • A Party seeking to introduce a new or additional condition, limit, or eligibility requirement for the use of a TRQ for the importation of an agricultural good shall notify the other Party at least 45 days prior to the proposed date of entry into force of the the new or additional eligibility condition, limit or requirement. If the other Party has a demonstrable commercial interest in the supply of the agricultural good, that Party may, within 30 days of the notification, submit a written request for consultations with the Party seeking to introduce a new condition or additional limit. or eligibility requirement. . Upon receipt of said request for consultations, the Party that wishes to introduce a condition,new or additional eligibility limit or requirement shall promptly carry out consultations with the other Party in accordance with Article 3.10 (Transparency and Consultations).
    • The Party seeking to introduce a new or additional eligibility condition, limit or requirement may do so if the other Party with a demonstrable commercial interest in the supply of an agricultural good has not submitted a written request for consultations within 30 days. upon notification, in accordance with subparagraph (b) or, in the event that the other Party has submitted a written request for consultations pursuant to subparagraph (b) if:
      • the Party has consulted with the other Party, and
      • the other Party has not objected to the introduction of the new or additional condition, the limit or the eligibility requirement, after having made the
    • A new or additional condition, limit or eligibility requirement resulting from any consultation made in accordance with subparagraph (c), will be communicated to the other Party prior to its implementation.
  4. Without prejudice to the provisions of paragraph 6, a Party shall not implement an eligibility condition, limit or requirement:
    • with respect to the nationality of the applicant for the quota or the location of the headquarters; or
    • When it requires the physical presence of the quota applicant in the territory of the Party, unless a Party may require that the quota applicant:
      • do business and have a commercial office, or
      • has an employee, an agent for the service of the process or a legal representative, in the territory of the
  1. Upon the entry into force of this Agreement, if any of the Parties maintains a tariff quota in its Schedule of Annex 2-B (Tariff Commitments) that is administered through the issuance of permits by any of the Parties, the Party that maintains the quota tariff there must be:
    • consulted with the other Party on all procedures for the allocation and use of the TRQ, and any applicable conditions or requirements of that Party for the allocation or use of the TRQ; AND
    • regulations or policies adopted and applied that contain all its procedures for the allocation and use of the tariff quota and any conditions or applicable requirements of that Party for the allocation or use of the quota
  2. If a TRQ is administered through an allocation mechanism, prior to any change in the allocation mechanisms, the Party administering the TRQ:
    • Make available to the public and for comment the proposed regulations or policies that contain all the procedures for the allocation and use of the tariff quota and the requirements or conditions that apply for the assignment or use of the tariff quota, not less than 60 days before. the deadline for submitting comments;
    • will consider any comments for the development of final regulations or policies; AND
    • adopt, implement and post final regulations and policies on a designated website no later than 90 days prior to the start of each TRQ
  3. If a TRQ is administered through an allocation mechanism, the administering Party shall provide that the mechanism allows importers who have not previously imported the agricultural product subject to the TRQ (new importers), to meet all the eligibility criteria except by the behavior of imports, which are eligible for a quota allocation. The Party that administers the quota allocation mechanism shall not discriminate against new importers when allocating the quota.
  4. A Party administering an assigned TRQ shall ensure that:
    • Any person of the other Party who meets the eligibility requirements of the importing Party may request and be considered for an allocation of a tariff quota;
    • Unless the Parties agree otherwise, no part of the quota is assigned to a group of producers, nor does it condition access to the assignment to purchases of national production, nor does it limit access to the assignment to processors;
    • Each allocation comprises commercially viable shipment quantities and, to the greatest extent possible, in the quantities required by TRQ applicants;
    • an allowance for in-quota imports is applicable to any tariff item subject to the TRQ and is in effect throughout the year of the TRQ;
    • if the total amount of the TRQ required by applicants exceeds the size of the TRQ, the allocation to eligible applicants must be done through fair and transparent methods;
    • Applicants have at least four weeks after the start of the application period to submit their applications; AND
    • the allocation is made no later than four weeks before the start of the quota period, except when the allocation is based, totally or partially, on the behavior of imports during the 12-month period immediately preceding the quota period. If the administering Party bases the allocation, in whole or in part, on the behavior of imports during the 12-month period immediately preceding the quota period, that Party will make a provisional allocation of the total amount of the quota no later than four weeks before from the beginning of the quota period. All final decisions regarding placement, including reviews, will be made and communicated to applicants at the beginning of the
  1. If there are less than 12 months left in the first year of the tariff quota on the date of entry into force of this Agreement, then the Party that administers the tariff quota will make available to applicants for the quota, as of the date of entry. In effect of this Agreement, the amount of the quota established in its Schedule in Annex 2-B (Tariff Commitments), multiplied by a fraction whose numerator will be a whole number equivalent to the number of months remaining in the year of the tariff quota. on the effective date of this Agreement, including the full month in which this Agreement enters into force, and the denominator will be 12.The Administering Party will make the total amount of the quota established in its Schedule in Annex 2-B (Tariff Commitments) available to applicants as of the first day of each year of the tariff quota while the quota is in operation.
  2. A Party administering a TRQ shall not require the re-export of an agricultural good as a condition for requesting or using an allocation of the TRQ.
  3. Any quantity of agricultural products imported under a TRQ in accordance with Section B of Appendix 2 (Canadian Tariff Schedule (TRQs)) of the Canadian Tariff Schedule in Annex 2-B (Tariff Commitments) or Section B of Appendix 2 ( United States Tariff Schedule (Tariff Quotas)) of the United States Tariff Schedule of Annex 2-B (Tariff Commitments) will not count or reduce the amount of any tariff quota provided for such agricultural products in the Tariff Schedules. of a Party under the WTO Agreement or any other agreement 6
  4. If a TRQ is administered by an allocation mechanism, the Administering Party shall ensure that there is a mechanism for the return and reallocation of unused allocations in a timely and transparent manner that provides the maximum opportunity for the TRQ to be used. . completely.
  5. Each Party shall periodically post on its designated and publicly available website information on the amounts allocated, the amounts returned and, if available, the rates of use of the quota. Additionally, each Party shall publish on the designated website, to provide information on the fees, the amounts available for reallocation, and the deadline for submitting requests, at least two weeks before the date on which the Party will begin to receive requests for reallocation. .
  6. Each Party shall identify the entity or entities responsible for the administration of its TRQs, designate and notify at least one point of contact in accordance with Article 30.5 (Coordinator of the Agreement and Points of Contact), to facilitate communication between the Parties on matters related. to the administration of its tariff quotas. Each Party shall promptly notify the other Parties of any modification to the data of its point of
  7. If a TRQ is administered through an allocation mechanism, the administering Party will publish the name and address of the holder of the allocation on the designated website.
  8. If a tariff quota is administered for the first time in time, first in law, the administering authority of the importing Party shall publish the utilization rates and the remaining quantities available for each tariff quota during the course of each year of the quota, in a manner timely and continuous, on the designated website.
  9. When a tariff quota administered for the first time, the first in law, is filled, the administering Party will publish within 10 days a notice to that effect on its designated publicly available website.
  10. When a TRQ administered through an allocation mechanism is filled, the administering Party shall post a notice to that effect as soon as possible on its designated publicly available website.
  11. At the written request of the exporting Party, the Party administering a TRQ shall consult with the exporting Party on the administration of its TRQ within 30 days of the request, in circumstances
  • For greater certainty, nothing in this paragraph shall prevent a Party that administers from applying a customs duty within a quota to the agricultural goods of the other Party, as established in the Schedule of Annex 2-B (Tariff Commitments), which is different of the customs duty applied to the same agricultural products from Mexico or from a country that is not a Party under a tariff quota established in accordance with the WTO Agreement. In addition, nothing in this paragraph shall require an administering Party to change the quantity within any tariff quota established under the Agreement on the

Article 3.A.3: Dairy and Export Price System

  1. For the purposes of this article:

dairy year   means the period from August 1 to July 31;

milk class   means the end use for which processors may use the milk or dairy components provided at milk class prices;

dairy component   means fat  milk  , protein, and any other solid milk component to which a party establishes a price class for milk;

milk protein concentrate   : goods classified in HS subheading 0404.90;

yield factor   means the estimated ratio of a given volume of skimmed milk powder to the volume of non-fat solids required to produce that volume of skimmed milk powder as determined by the Party;

Infant formula   : a good classified under HS 1901.10 with a cow’s milk solids content of more than 10 percent, by dry weight;

Processor Assumed Margin   means the estimated cost to a processor to convert raw milk into a wholesale product or a specifically manufactured dairy product, which can be used to calculate the price of a class of milk and can also be called «tolerance». ;

Skimmed milk powder   : products classified in HS 0402.10;

 Price of   Skimmed Milk Powder  “USDA”  means the price of  skim  milk powder as published by the United States Department of Agriculture (USDA) and its Component Class and Price Reports, as used in the calculation. the price of skimmed milk powder solids in the United States;

eligible goods   means goods that a processor can manufacture using milk or dairy components supplied under a milk class price; AND

Milk class   price means the price, the minimum price, or the price of dairy products or dairy components that are billed or provided to processors based on their end use.

  1. This Article applies to any milk class price system for dairy products, adopted or established by a Party, in which, for:
    • Canada, a milk class price system refers to the price established under the dairy supply administration; AND
    • In the United States, a milk class price system refers to the price established under federal market orders for dairy products.
  2. Canada will ensure that milk classes 6 and 7, including associated milk class prices, are eliminated six months after the entry into force of this
  3. Six months after the entry into force of this Agreement, Canada will ensure that products and ingredients previously classified in milk classes 6 and 7 are reclassified and that the prices of associated milk classes are appropriately set based on use. .
  4. Notwithstanding the provisions of paragraph 4, Canada will ensure that the prices of skim solids used in the production of milk protein concentrate, skimmed milk powder and infant formula are not lower than the applicable price determined by the following formula:

(Price of “USDA” skimmed milk powder minus

the assumed margin of the applicable Canadian processor) multiplied by

the applicable performance factor for Canada.

  1. Paragraph 5 shall not apply to domestic sales of dairy components for non-human consumption, such as those used for food.
  2. Canada will monitor its global exports of dairy protein concentrate, skimmed milk powder, and infant formula and provide information on those exports to the United States as specified in paragraph
  3. In a dairy season, if world exports of:
    • both Canadian milk protein concentrate and skimmed milk powder exceed the following thresholds:
YearMPC plus SMP thresholds
one55,000 tons
two35,000 tons

Canada will then apply an export charge of C $ 0.54 per kilogram to world exports of these products above the thresholds set forth in the table above for the remainder of the dairy season.

  • Canadian infant formula exceeds the following thresholds:
YearThresholds for infant formula
one13,333 MT
two40,000 MT

Canada will then apply an export charge of C $ 4.25 per kilogram to world exports of these products above the thresholds set out in the table above for the remainder of the dairy season.

  1. In relation to the thresholds set forth in paragraphs 8 (a) and 8 (b), the threshold will increase after year 2 at a rate of 1.2 percent per annum based on the dairy season.
  2. Each Party shall make the following information available to the public or link to a central government website:
    • laws and regulations at the central or regional government level of a Party that govern or implement a milk class price system for dairy products, including any modification, substitution or amendment thereon;
    • the assumed processor margin;
    • price of milk for each class, including each milk component for each class of milk; AND
    • the factor of

Each Party will publish this information upon entry into force of this Agreement for existing measures, and thereafter, a Party will publish the information as soon as possible.

  1. (a) No later than six months after the entry into force of this Agreement, each Party shall provide the other Party, or publish or link to a central government website, the requirements, terms, and conditions for obtaining and using the milk and milk components at milk class prices, including:
  • a list or description of the products for which processors can receive milk or milk components at a milk class price; AND
  • a list or description of the products in which the eligible merchandise can be used for the 7

Subsequently, each Party will provide the other Party with, post or link to a central government website any revision or amendment to this information as soon as possible. The first time the information in subparagraph (a) is provided or published, the Party will also provide or publish this information as of the entry into force of this Agreement.

 
  
  • For greater certainty, the information provided or published in subparagraph (a) is not confidential and does not include information related to contractual arrangements.

(b) No later than six months after the entry into force of this Agreement, each Party shall provide to the other Party or post on or link to a central government website, the use of milk by milk class and by month, including quantities sold, prices and revenues of milk and each dairy component.8 Thereafter, each Party shall provide or publish this information on a monthly basis on a quarterly basis. The first time this information is provided or published, the Party must also provide or publish this information as of the entry into force of this Agreement.

  1. Before the adoption, amendment or revision of a new class of milk, 9 a Party:
    • notify the other Party, or publicly announce, its intention to adopt, modify or revise a class of milk, at least one calendar month before the adoption, amendment or revision takes effect, in order to provide sufficient opportunity for the another Party to review the proposed measure containing the adoption, amendment or revision of a class of milk before its implementation;
    • consult with the other Party when requested, or allow participation in any public regulatory process, regarding the proposed measure containing the adoption, amendment or revision of a class of milk, and take into account any comments in the decision to adopt , amend or verify a kind of milk; AND
    • publish the final measure, and to the extent possible, authorize an interval between the publication of the final measure and the date on which it is
  2. In addition to paragraph 7, Canada will make available to the United States information on Canadian world exports of dairy protein concentrate, skimmed milk powder and infant formula, at the HS subheading level, on a monthly basis no later than 30 days after the fence.
  3. Within 30 days following the request of the other Party, the Parties shall meet at the headquarters that they jointly agree or by electronic means, to discuss any matter related to the application of this Article.
  4. Recognizing that new products and new consumer preferences could have an impact on export demand for skimmed milk powder, milk protein concentrate and infant formula, if the trade monitoring mechanism set out in paragraphs 7 to 9 is not satisfactory to either Party, the Parties shall enter into consultations within 30 days of a Party’s written request and, if applicable, seek to amend the provisions of paragraphs 7 to 9 in accordance with Article 34.3 (Amendments).
  5. Five years after the entry into force of this Agreement and every two years thereafter, Canada and the United States will meet to consider whether the conditions have changed sufficiently for this Article to be eliminated or modified. Modifications, including termination, may be made at the time of, or at any other time by mutual agreement between Canada and the United States.

Article 3.A.4: Grains

  1. Each Party shall accord to originating wheat imported from the territory of the other Party treatment no less favorable than the most favorable treatment it accords to any similar wheat of national origin with respect to the assignment of quality grades, including ensuring that any measure it adopts or maintained on a mandatory or voluntary basis, in relation to the classification of wheat by quality, it is applied to imported wheat based on the same national requirements for
  2. Neither Party shall require that a country of origin declaration be issued in the quality certificate for originating wheat imported from the territory of another Party, recognizing that phytosanitary or customs requirements may require such a declaration.
  • For greater certainty, the information that is provided or published in subparagraph (b) is aggregate information. The Parties understand that the aggregated information is not confidential and in the event that certain information cannot be aggregated, then it may be considered confidential.
  • For the purposes of this paragraph, an “adoption, amendment or revision of a class of milk” means the creation of a new class of milk, the elimination of a class of milk and the modification of the eligible products in a class of milk or like setting a class price for milk. Changes in the way the price of a class of milk is set means changes in the formula used to calculate the price of a class of milk, the source of information used in the formula, the value assumed in the marginal process or the performance factor value. For greater certainty, “adoption,»amendment or revision of a class of milk» does not include routine updates to the price of a class of milk derived from the entry of updated data and «amendment of eligible merchandise» does not include changes that by nature are of nature.
  1. At the request of the other Party, the Parties shall discuss matters related to the operation of the national grain classification or grain classification systems, including issues of the seed regulatory system associated with the operation of any system through existing mechanisms. The Parties will endeavor to share best practices regarding these issues, as appropriate.
  2. Canada will exclude from its application the »   Right to Maximum Grain Revenues»   , established by the   Canadian Transportation Act   , or any modification, substitution or amendment thereto, the movements of agricultural merchandise originating in Canada and transported through ports of the west coast for consumption in the States

Article 3.A.5: Sugar and products with sugar content

  1. For the purposes of paragraphs 2 to 5:

Product of Canada   means a good that qualifies to be labeled as a good of Canada under United States law10 regardless of whether the good is labeled.

  1. In accordance with Article XIII of the GATT 1994, the United States will assign Canada:
    • a proportion of the quantity within the TRQ11 of refined sugar not less than 10,300 metric tons, gross value, for sugar that is product of Canada; AND
    • a proportion of the quantity within the TRQ12 PCA of not less than 59,250 metric tons for PCA that is product of Canada.
  2. Regarding paragraph 2, the United States will allow access to sugar that is a Canadian product in any quantity within the refined sugar TRQ that is not distributed among supplying countries. The United States will allow access to an unallocated quantity within a TRQ period regardless of whether the proportion allocated to Canada for that period has been used by
  3. With respect to paragraph 2, if the United States allocates the refined sugar TRQ reserved for specialty sugar, it will do so in a manner consistent with its WTO commitments and in consultation with Canada.
  4. With respect to paragraph 2, if during any TRQ period Canada informs the United States that Canada will not supply the full amount of the PCA TRQ ratio allocated to Canada, as described in paragraph 2, the United States will transfer the amount of the proportion that Canada will not supply the amount of the PCA TRQ that is not allocated between supplying countries. The United States will notify Canada in reasonable advance of the date on which such transfer will take place. Any transfer under this paragraph shall not affect the amount of the ACP TRQ share allocated to Canada pursuant to paragraph 2 in subsequent quota periods.

Article 3.A.6 .: Others

  1. Canada will ensure that imports of dairy, poultry or egg products, eligible for   Canada’s Tariff   Waiver  Program   (DRP)   and Import for Re-  Export Program  (IREP) from September 1, 2018, continue being eligible for these programs, too. as for any succession or succession program to the DRP and IREP, provided Canada maintains those
  2. However, the rules of origin for specific products in Annex 4-B (Rules of origin for specific products), the rule of origin for trade in goods between Canada and the United States of subheading 1517.10 will allow the good to be considered originating if exists is a change to heading 15.11 or any other chapter.
 
  
  • Any changes to United States regulations regarding the labeling of a refined sugar product or a product containing sugar must be carried out in a manner consistent with the United States legal system, which means that any amendment or revision Proposal must be published in the Federal Register. , which normally allows at least 60 days for public comment, including comments from Canada, the United States must consider all public comments in a timely manner before finalizing any new regulation.
  • The United States’ refined sugar tariff quota is the one provided for in Additional Note 2 to Chapter 17 of the United States Tariff, which is annexed to the   Marrakesh Protocol to the General Agreement on Tariffs and Trade in
  • The tariff quota of the United States ACC is the one established in Additional Note 6 of Chapter 17 of the United States Tariff that is annexed to the   Marrakesh Protocol to the General Agreement on Tariffs and Trade of 1994   .
Appendix 1 
01051121,01051122,01059491,01059492,01059911,01059912,02071191,02071192,
02071291,02071292,02071391,02071392,02071393,02071421,02071422,02071491,
02071492,02071493,02072411,02072412,02072491,02072492,02072511,02072512,
02072591,02072592,02072610,02072620,02072630,02072711,02072712,02072791,
02072792,02072793,02099010,02099020,02099030,02099040,02109911,02109912,
02109913,02109914,02109915,02109916,04011010,04011020,04012010,04012020,
04014010,04014020,04015010,04015020,04021010,04021020,04022111,04022112,
04022121,04022122,04022911,04022912,04022921,04022922,04029110,04029120,
04029910,04029920,04031010,04031020,04039011,04039012,04039091,04039092,
04041021,04041022,04049010,04049020,04051010,04051020,04052010,04052020,
04059010,04059020,04061010,04061020,04062011,04062012,04062091,04062092,
04063010,04063020,04064010,04064020,04069011,04069012,04069021,04069022,
04069031,04069032,04069041,04069042,04069051,04069052,04069061,04069062,
04069071,04069072,04069081,04069082,04069091,04069092,04069093,04069094,
04069095,04069096,04069098,04069099,04071111,04071112,04071191,04071192,
04072110,04072120,04079011,04079012,04081110,04081120,04081910,04081920,
04089110,04089120,04089910,04089920,15171020,15179021,15179022,16010021,
16010022,16010031,16010032,16022021,16022022,16022031,16022032,16023112,
16023113,16023114,16023193,16023194,16023195,16023212,16023213,16023214,
16023293,16023294,16023295,18062021,18062022,18069011,18069012,19012011,
19012012,19012021,19012022,19019031,19019032,19019033,19019034,19019051,
19019052,19019053,19019054,21050091,21050092,21069031,21069032,21069033,
21069034,21069051,21069052,21069093,21069094,22029932,22029933,23099031,

23099032, 35021110, 35021120, 35021910, 35021920.

Appendix 2

04014005,04014025,04015005,04015025,04015075,04015050,04021010,04021050,
04022105,04022125,04022130,04022150,04022175,04022190,04022910,04022950,
04029110,04029130,04029170,04029190,04029910,04029930,04029945,04029955,
04029970,04029990,04031010,04031050,04039004,04039016,04039041,04039045,
04039051,04039055,04039061,04039065,04039074,04039078,04039090,04039095,
04041011,04041015,04041050,04041090,04049030,04049050,04051010,04051020,
04052020,04052030,04052060,04052070,04059010,04059020,04061004,04061008,
04061014,04061018,04061024,04061028,04061034,04061038,04061044,04061048,
04061054,04061058,04061064,04061068,04061074,04061078,04061084,04061088,
04062024,04062028,04062031,04062033,04062036,04062039,04062044,04062048,
04062051,04062053,04062061,04062063,04062065,04062067,04062069,04062071,
04062073,04062075,04062077,04062079,04062081,04062083,04062085,04062087,
04062089,04062091,04063014,04063018,04063024,04063028,04063034,04063038,
04063044,04063048,04063051,04063053,04063061,04063063,04063065,04063067,
04063069,04063071,04063073,04063075,04063077,04063079,04063081,04063083,
04063085,04063087,04063089,04063091,04064054,04064058,04064070,04069008,
04069012,04069016,04069018,04069031,04069032,04069036,04069037,04069041,
04069042,04069046,04069048,04069052,04069054,04069066,04069068,04069072,
04069074,04069076,04069078,04069082,04069084,04069086,04069088,04069090,
04069092,04069093,04069094,04069095,04069097,15179050,15179060,17011210,
17011250,17011310,17011350,17011410,17011450,17019110,17019130,17019144,
17019148,17019154,17019158,17019910,17019950,17022024,17022028,17023024,
17023028,17024024,17024028,17026024,17026028,17029010,17029020,17029054,
17029058,17029064,17029068,17049054,17049058,17049064,17049068,17049074,
17049078,18061010,18061015,18061024,18061028,18061034,18061038,18061045,
18061055,18061065,18061075,18062024,18062026,18062028,18062034,18062036,
18062038,18062071,18062073,18062075,18062077,18062081,18062082,18062083,
18062085,18062087,18062089,18062091,18062094,18062095,18062098,18063204,
18063206,18063208,18063214,18063216,18063218,18063260,18063270,18063280,
18069005,18069008,18069010,18069015,18069018,18069020,18069025,18069028,
18069030,18069035,18069039,18069045,18069049,18069055,18069059,19011011,
19011016,19011021,19011026,19011033,19011036,19011041,19011044,19011054,
19011056,19011064,19011066,19011074,19011076,19012005,19012015,19012020,
19012025,19012030,19012035,19012045,19012050,19012055,19012060,19012065,
19012070,19019034,19019036,19019061,19019062,19019064,19019065,19019067,
19019068,19019069,19019071,21011234,21011238,21011244,21011248,21011254,
21011258,21012034,21012038,21012044,21012048,21012054,21012058,21039074,
21039078,21050010,21050020,21050030,21050040,21069006,21069009,21069024,
21069026,21069034,21069036,21069044,21069046,21069064,21069066,21069068,
21069072,21069074,21069076,21069078,21069080,21069085,21069087,21069089,
21069091,21069092,21069094,21069095,21069097,22029924,22029928,23099024,
23099028,23099044,23099048     

ANNEX 3-B

AGRICULTURAL TRADE BETWEEN MEXICO AND THE UNITED STATES

  1. For the purposes of this annex:

sugar   :   raw or refined sugar that is derived directly or indirectly from sugar cane or sugar beet, including refined liquid sugar;

sugar or syrup   means:

  • for imports to Mexico, a good classified in any of the current fractions of HS subheading 1701.91 (except those that contain added flavoring) and in the current tariff items 1701.12.01, 1701.12.04, 1701.13.01, 1701.14 .01, 1701.14. 04, 1701.99.01, 1701.99.02, 1701.99.99, 1702.90.01, 1806.10.01 and 2106.90.05 of the General Import and Export Tax Law; AND
  • For imports to the United States, a good classified in any of the current tariff items 1701.12.05, 1701.12.10, 1701.12.50, 1701.13.05, 13.10,
1701.13.20,1701.13.50,1701.14.05,1701.14.10,1701.14.20,1701.14.50,1701.91.05,
1701.91.10,1701.91.30,1701.99.05,1701.99.10,1701.99.50,1702.90.05,1702.90.10,
1702.90.20,1702.90.35,1702.90.40,1702.90.52,1702.90.54,1702.90.58,1702.90.64,

1702.90.68, 1702.90.90, 1806.10.43, 1806.10.45, 1806.10.55, 1806.10.65, 1806.10.75 and

2106.90.42, 2106.90.44 and 2106.90.46 of the United States Harmonized Tariff Classification Tariff, without considering the imported quantity;

Tariff quota   means a mechanism that establishes the application of a customs duty at a certain rate to imports of a particular good up to a certain amount (quantity within the quota), and at a different rate for imports of that good that exceed that determined amount. ;

Qualified good   means an agricultural good that is originating, except that in order to determine whether such good is originating, operations carried out on or materials obtained from Canada will be considered as if they had been carried out or obtained from a non-Party; AND

product with sugar content   means a good that contains sugar.

  1. This Annex applies only between Mexico and States
  2. With the exception of the tariff quotas established in its list of the WTO Agreement, Mexico will ensure that the customs duty of any tariff quota that it maintains for sugars or syrups under the most favored nation (MFN) regime is not lower than the MFN Rate. from the United States for the same sugars or
  3. Mexico will not be obliged to apply the applicable preferential tariff rate established in this Agreement to sugar or syrup, or to a merchandise with sugar content, that is a qualified merchandise when the United States has granted or will grant benefits under any re-export program. . or to any similar program in connection with the export of that good, including a good included in paragraph 6 (f) of Article 2.5 (Refund and Deferral of Customs Duties Programs). The United States will notify Mexico in writing within the next two business days of any export to Mexico of merchandise for which the exporter has requested or will request the benefits of any re-export program or any other program.
  4. Notwithstanding the provisions of Chapter 4 (Rules of Origin) or General Note 7 of the United States Tariff Schedule, for the purposes of applying the preferential tariff rate established in this Agreement for a good, the United States may consider a merchandise as if it were not originating when exported from the territory of Mexico and classified in US tariff items 1702.90.05, 1702.90.10, 1702.90.20, 1702.90.35, 1702.90.40, 1702.90.52, 1702.90.54, 1702.90 .58, 1702.90.64, 1702.90.68, 1702.90.90, 1806.10.43, 1806.10.45, 1806.10.55, 1806.10.65, 1806.10.75, 2106.90.42, 2106.90.44 or 2106.90.46, if any material described in HS subheading 1701.99 used in the production of good is not good
  5. Notwithstanding the provisions of Chapter 4 (Rules of Origin) or General Note 4 of Mexico’s Tariff Tariff, for the purposes of applying the preferential tariff rate established in this Agreement for a good, Mexico may consider a good as if it were not originating when exported from the territory of the United States and classified in: Mexican tariff items 1702.90.01, 1702.90.99, 1806.10.01 or 2106.90.05, if any material described in HS subheading 1701.99 that is used in the production of that merchandise is not merchandise
  1. Each Party shall ensure that any measure that it adopts or maintains, on a mandatory or voluntary basis, with respect to the classification of the quality grades of agricultural products, is applicable to imported agricultural products based on the same regulatory framework, including the same requirements and with the same criteria as if they were agricultural products
  2. A Party that provides the assignment of quality grades shall ensure that the quality grade certificate it uses for domestic products is the same for similar imported products, requesting the same information. Neither Party will require:
    • a declaration of the country of origin within any quality certificate; or
    • that any quality certificate certifies that the agricultural merchandise is national or foreign.
  3. Neither Party shall determine the national register of varieties of grains and oilseeds as:
    • a requirement for importation; or
    • a consideration for assigning quality grades or classes to imported grains and oilseeds.
  4. Mexico and the United States will establish a technical working group, which will be composed of and co-chaired by representatives of the governments of Mexico and the United States. The technical working group shall meet annually, unless the Parties decide otherwise. The technical working group will review the issues related to agricultural classification and quality standards, technical specifications and other standards in each Party and their application and implementation as they affect trade between the Parties. The technical group will work to resolve any issues that may arise regarding the application and implementation of the standards, including when feasible and appropriate, consider joint mechanisms,such as training programs or work plans for quality inspection at the point of origin to facilitate trade between
  5. As of the entry into force of this Agreement, no Party may reimburse the amount of duties paid, or exempt or reduce the amount of customs duties owed, on any agricultural merchandise imported into its territory that is replaced by an identical merchandise or Similary. which is subsequently exported to the territory of the other

ANNEX 3-C

DISTILLED BEVERAGES, WINE, BEER AND OTHER ALCOHOLIC BEVERAGES

Article 3.C.1: Sale and internal distribution of distilled beverages, wine, beer or other alcoholic beverages

  1. For the purposes of this article:

Drinks  distilled   include   drinks  distilled   and beverages containing alcohol distillate;

commercial considerations   means price, quality, availability, marketability, transportation and other terms and conditions of purchase or sale, or other factors that would normally be taken into account in the commercial decisions of a private company in the relevant business or industry; AND

Wine   includes wine and drinks containing wine.

  1. This article applies to a measure related to the sale and internal distribution of distilled beverages, wine, beer or other alcoholic beverages13.
  2. Unless otherwise provided in this Article, Article 3 (National Treatment) shall not apply to:
    • a non-conforming provision of a measure relating to wine or distilled beverages existing since October 4, 1987;
    • continuation or prompt renewal of a non-conforming provision of a measure mentioned in subparagraph (a); or
    • an amendment to a non-conforming provision of a measure referred to in subparagraph (a) to the extent that the amendment does not diminish its conformity with Article 2.3 (National Treatment).
 
  
  • Paragraphs 3 and 4 of this article do not apply to Mexico.
  1. A Party that asserts that paragraph 3 applies to a measure shall have the burden of establishing that the measure meets the conditions set out in paragraph
  2. The measures related to the distribution of distilled beverages, wine, beer or other alcoholic beverages must comply with the provisions of article 2.3 (National Treatment).
  3. Notwithstanding the provisions of paragraph 5, and provided that the distribution measures ensure compliance with Article 2.3 (National Treatment), Canada may maintain a measure in force since October 4, 1987, which requires the existence of points of sale. of wines since October 4, 1987, in the provinces of Ontario and British Columbia to discriminate in favor of wine from those provinces, to a degree no greater than the discrimination required by that measure in force since October 4,
  4. Nothing in this Agreement shall prohibit the Province of Quebec from requiring that wine sold in Quebec supermarkets be bottled in Quebec, provided that alternative outlets are offered in Quebec for the sale of wine from the other Parties, whether the wine is bottled. or not in Quebec.
  5. If a Party requires that distilled beverages, wine, beer, or other alcoholic beverages be listed for distribution or sale in its territory, the listing measures shall:
    • comply with Article 2.3 (National Treatment);
    • not create disguised barriers to trade;
    • be based on business considerations; AND
    • be transparent, including the establishment of transparent criteria for decisions regarding the
  6. If a Party requires that distilled beverages, wine, beer or other alcoholic beverages be listed for distribution or sale in its territory, that Party, with respect to the decisions of the entity exercising governmental authority with respect to the listing:
    • promptly provide a decision on any request for listing;
    • promptly provide written notification of decisions related to the listing request to the applicant and, in the event of a negative decision, provide a statement of the reason for rejection; AND
    • establish administrative appeal procedures to list decisions that provide prompt, fair and
  7. If a distributor or retailer exercises governmental authority with respect to the domestic sale or distribution of distilled beverages, wine, beer, or other alcoholic beverages, any premium charged by that entity must comply with Article 2.3 (National Treatment) and that entity will grant beverages distilled, wine, beer or other alcoholic beverages of another Party treatment no less favorable than treatment accorded to a like product of any other Party or of a
  8. If a distributor or retailer exercises governmental authority with respect to the internal sale or distribution of distilled beverages, wine, beer, or other alcoholic beverages, that entity may collect the difference in the actual cost of the service between the distribution or sale of distilled beverages. , wine, beer or other alcoholic beverages of another Party and distribution or sale of national or regional products. The cost of the service must be reasonable and commensurate with the service. Any previously referred service cost differential shall not exceed the actual amount by which the cost of the audited service for the exporting Party’s product exceeds the cost of the audited service for the Party’s product.
  9. A Party may maintain or introduce a measure that limits sales in the facilities of a winery or distillery to those wines or distilled beverages produced in its facilities.
  10. Neither Party shall adopt or maintain any measure that requires distilled beverages, wine, beer or other alcoholic beverages imported from another Party for bottling to be mixed with distilled beverages, wine, beer, or other alcoholic beverages of the Party.

Article 3.C.2: Distinctive products

  1. Canada and Mexico will recognize Bourbon Whiskey and Tennessee Whiskey, which is a plain bourbon whiskey that is licensed for production only in the State of Tennessee, as distinctive products of the United States. Accordingly, Canada and Mexico will not allow the sale of any product such as Bourbon whiskey or Tennessee whiskey, unless it was manufactured in the United States in accordance with the laws and regulations of the United States governing the manufacture of Bourbon whiskey. and Whiskey.
  2. Mexico and the United States will recognize Canadian whiskey as a distinctive product of Canada. Consequently, Mexico and the United States will not allow the sale of any product such as Canadian whiskey, unless it was manufactured in Canada in accordance with the Canadian laws and regulations governing the manufacture of Canadian whiskey for consumption in Canada.
  3. Canada and the United States will recognize tequila and mezcal as distinctive products of Mexico. Consequently, Canada and the United States will not allow the sale of any product such as Tequila or Mezcal unless it was manufactured in Mexico in accordance with the laws and regulations of Mexico governing the manufacture of Tequila and

Article 3.C.3: Wines and distilled beverages

  1. For the purposes of this Article and Article C.4 (Other Provisions):

distilled beverage   means a   drinkable alcoholic distillate that includes distillates of wine, whiskey, rum, brandy, gin, tequila, mezcal, liqueurs, aperitifs and vodka and their dilutions or mixes for consumption;

single field of view   means a part of the surface of a main container, excluding its base and lid, that can be seen without having to rotate the container;

container   means a bottle, keg, keg or other closed container, regardless of its size or the material from which it is made, used for the retail sale of wine or distilled beverages;

label   means a mark, seal, image or other descriptive material written, printed, stenciled, marked, engraved or firmly adhered to the main container of wine or distilled beverages;

mandatory information   means the information required by a Party to appear on a container, label or container of wine or distilled beverage;

By oenological practices we   understand the materials, processes, treatments and vinification techniques, but it does not include labeling, bottling or packaging for final sale; AND

Wine   means a drink that is produced through the total or partial alcoholic fermentation exclusively of fresh grapes, grape must or products derived from fresh grapes and as defined in the legal system and regulations of each Party. 14

  1. This article shall apply to the preparation, adoption and application of technical regulations, standards and conformity assessment procedures adopted or maintained by each Party at the central government level that may affect trade in wine and distilled beverages between the Parties, which may not are sanitary or phytosanitary measures or technical specifications prepared by a government agency for the production or consumption requirements of the agencies
  2. Each Party shall make its laws and regulations regarding wine and distilled beverages available online.
  3. A Party may require that a label for wine or distilled beverages be:
    • clear, specific, truthful, accurate and not misleading to the consumer;
    • readable by the consumer; AND
    • is firmly adhered to the container if the label is not an integral part of the
  4. Each Party will allow mandatory information to be displayed on a supplemental label attached to a container of distilled beverages. Each Party shall permit such supplemental labels to be affixed to an imported container of distilled beverages after importation, but before importation.
  • For the United States, the alcohol content of wine must not be less than 7% and not more than 24%.

the product is offered for sale in the territory of the Party. A Party may require that the supplemental label be affixed prior to leaving customs. For greater certainty, a Party may require that the information indicated on a supplemental label meet the requirements of paragraph 4.

  1. A Party may require that the information on a supplemental label attached to a container of wine or distilled beverage does not conflict with the information on the label.
  2. Each Party shall allow the alcoholic content by volume indicated on a label for wines or distilled beverages to be expressed by alcohol by volume (alc / vol), for example 12% alc / vol or 12% vol, and indicated in percentage terms at maximum of a decimal point, for example 1%.
  3. Each Party will allow the use of the term «wine» as the name of the product. A Party may require a wine label to indicate the type, category, class, or classification of the wine.
  4. With respect to wine labels, each Party shall allow the information set forth in paragraphs 11 (a) to (d) to be displayed in a single field of view for a container of wine. If this information is presented in a single field of view, then the Party’s requirements regarding the location of this information are met. A Party shall accept any information that appears outside a single field of view if such information satisfies the laws, regulations and requirements of that
  5. Notwithstanding paragraph 9, a Party may require that net contents be displayed on the main display panel for a subset of less common container sizes if required by the laws or regulations of that Party.
  6. If a Party requires a wine label to indicate information other than:
    • Product name;
    • country of origin;
    • net content; or
    • alcohol content,

It will allow the information to be indicated on an additional label attached to the wine container. A Party shall allow the supplemental label to be affixed to the imported wine container after importation, but before the product is offered for sale in the Party’s territory, and may require that the supplemental label be affixed prior to shipment. . at customs. For greater certainty, a Party may require that the information on a supplemental label meet the requirements established in paragraph 4.

  1. If there is more than one label on an imported wine or distilled beverage container, a Party may require that each label be visible and not conceal mandatory information in another.
  2. If a Party has more than one official language, it may require that the information on the label of a wine or distilled beverage appear with equal importance in each language.
  3. Each Party shall permit the affixing of a lot identification code to a container of wine or distilled beverages, if the code is clear, specific, truthful, accurate and not misleading, and shall not impose requirements with respect to:
    • where to put the lot identification code on the container, provided that the code does not cover the mandatory information printed on the label; AND
    • the specific font size, the readable wording and the format of the code, provided that the lot identification code is readable by physical means and, if permitted, by electronic means.
  4. A Party may impose penalties for the deliberate removal or alteration of any lot identification code on the container.
  5. Neither Party shall require a date stamp on the container, label, or packaging of wine or distilled beverages, including the following or versions of the following:
    • date of production or manufacture;
    • expiration date (last recommended consumption date, expiration date);
    • minimum shelf life (expiration date), better quality before date;
    • sale deadline;
    • packing date; or
    • bottling date,

unless a Party may require a minimum shelf life or expiration date to be displayed on products that may have a shorter shelf life or a minimum shelf life that the consumer would normally expect due to their packaging or container, for example bags . of boxed wines or individual serving size wines, or due to the addition of perishable ingredients.

  1. Neither Party shall require that the label or container of wine or distilled beverages contain the translation of a trademark or trade name. A Party may require that a trademark or trade name does not conflict with any mandatory information in the
  2. Neither Party preclude imports of wine from other Parties on the basis that the wine label includes the following terms:   castle   ,   classic   ,   clos   ,   cream   ,   crusted   ,   crusting   ,   fine   ,     late   vintage bottled   , noble, reserve,   rubies   ,   special reserve   , home, superior,   sur lie   , fawn, vintage or style 15
  3. Neither Party shall require the label or packaging of a wine to disclose an oenological practice, except to fulfill a legitimate human health or safety objective with respect to that oenological practice.
  4. Each Party shall permit wine to be labeled   ice wine   ,   ice wine   ,   ice wine,   or a similar variation of these terms, only if the wine is made exclusively from grapes naturally frozen on the
  5. Each Party shall endeavor to base its quality and identity requirements for any specific type, category, class, or classification of distilled beverages solely on the minimum content of ethyl alcohol and raw materials, added ingredients, and production procedures used to produce that type, category. . , class. o specific classification of beverages
  6. No importing Party shall require that imported wine or distilled beverages be certified by an official certification body of the Party in whose territory the wines or distilled beverages were produced or by a certification body recognized by the Party in whose territory the wines were produced. or distilled beverages. . distilled beverages with respect to:
    • declarations of vintage, varietal, regional wines or designations of origin; or
    • raw material and beverage production processes, unless the importing Party requires:
      • that the wine or distilled beverages are certified with respect to subparagraphs (a) or

(b) if the Party in whose territory the wine or distilled beverages were produced requires such certification, or

  • that the wine is certified with respect to subparagraph (a) if the importing Party has a reasonable and legitimate concern with respect to a declaration of vintage, varietal, regional or appellation of origin wines, or that the distilled beverages are certified with respect to to subparagraph (b) if certification is necessary to verify claims such as age, origin or standards of
  1. Normally, a Party will allow the submission of any required certification (other than those required pursuant to paragraph 22 of this Article), test result, or sample only with the initial submission of a particular brand, producer, and lot. If a Party requires the submission of a product sample for the Party’s procedure to assess conformity with its technical regulation or standard, it shall not require a sample quantity greater than the minimum quantity necessary to complete the relevant conformity assessment procedure. . . Nothing in this provision prevents a Party from conducting verification of test results or certification, for example, if the Party has information that a particular product may be in
  2. Each Party shall endeavor to evaluate the laws, regulations and requirements of the other Parties with respect to oenological practices, with the objective of reaching agreements that provide for the acceptance by the Parties of the mechanisms of the other to regulate oenological practices, in their case.
  3. If an importing Party requires certification for wine or distilled beverage from the Party in whose territory the wine or distilled beverage was produced, the importing Party shall not deny the certification on the basis that the certification was issued by a conformity assessment body. accredited. and approved by the Party in whose territory the wine or beverage was produced
 
  
  • Nothing in this paragraph shall be construed to require Canada to apply this paragraph inconsistently with its obligations under Article A (3) of Annex V of the EU-Canada Wine Agreement, as amended on September 21, 2017.
  1. Each Party shall allow a wine or distilled beverage label to include:
    • quality statements; sixteen
    • statements about production processes; AND
    • drawings, figures or illustrations,

provided they are not false, misleading, obscene or offensive, as defined in the legal system of each Party.

  1. Nothing in paragraph 26 affects mandatory information requirements or the ability of a Party to enforce its laws and regulations on intellectual property, health and

Article 3.C.4: Other provisions

  1. Unless urgent human health or safety problems arise or threaten to arise, a Party will normally allow a reasonable time, as determined by the responsible authority, after the effective date of a measure, before requiring that wine or distilled beverages that have been introduced into the market of the territory of that Party before that date of entry into force, to comply with the measure, in order to allow time for the sale of those
  2. For the purposes of paragraph 1, a «measure» means a technical regulation, standard, conformity assessment procedure, or sanitary or phytosanitary measure adopted by a Party at the central government level that may affect trade in wine and distilled beverages. between the Parties, except for technical specifications prepared by a government agency for the production or consumption requirements of the agencies
  3. If a Party imposes a mandatory food allergen labeling requirement at the central government level for wine or distilled beverages, that Party:
    • will not apply the requirement to wines and distilled beverages if there are no proteins from a food allergen present in the product; or
    • provide an exemption17 for sources of food allergens that have been used in the production of the beverage if:
      • the finished product or class of products does not cause an allergic response that poses a risk to human health, or
      • the finished product does not contain protein from an allergen

For the purposes of this paragraph, «food allergen» means those food allergens that are reportable to a Party on a wine or distilled beverage label.

  1. Each Party shall apply a risk-based approach with respect to whether it requires, for wine, certificates of analysis for pathogenic microorganisms. In applying a risk-based approach, each Party will take into account that wine is a low-quality microbiological food product.
  2. If an authority at the central government level considers that wine certification is necessary to protect human health or safety or to achieve other legitimate objectives, that Party will consider the use of the official generic certificate template in the   Codex Alimentarius Guidelines for the Design, Production, Issuance and Use of Official Generic Certificates   (CAC / GL 38-2001), with its modifications, or the APEC wine export certificate model. A Party that requires wine certification shall ensure that any certification requirement is transparent and does not
  3. The Committee on Agricultural Trade established in Article 3.7 (Committee on Agriculture) shall provide a forum for Parties to:
    • monitor and promote cooperation in the implementation and administration of this Annex;
    • if appropriate, consult on issues and positions relevant to the trade of alcoholic beverages in international organizations;
    • promote trade in alcoholic beverages between the Parties in accordance with this Agreement; AND
    • discuss any other matter related to this
 
  
  • Quality statements include, for example, »   premium   » or »   ultra premium   «.
  • For greater certainty, a Party may require the producer, bottler, or importer of the product to establish eligibility for an exemption from the Party’s allergen labeling requirement using a scientifically validated testing methodology.

ANNEX 3-D

PATENTED PREPACKAGED FOOD FORMULAS AND FOOD ADDITIVES

  1. This Annex applies to the preparation, adoption and application of technical regulations and standards of central government agencies related to prepackaged foods and food additives, other than sanitary or phytosanitary measures or technical specifications prepared by a government agency for its purposes. production or consumption needs of an organism
  2. For the purposes of this Annex, «food», «food additive» and «prepackaged» have the same meanings as those established in the   General Codex Standard for the Labeling of Prepackaged Foods   (CODEX STAN 1-1985) and the  General Standard  of the   Codex for the labeling of food additives sold as such   (CODEX STAN 107-1981), with its
  3. When requesting information on proprietary formulas for prepackaged foods or food additives, a Party:
    • will ensure that its information requirements are limited to what is necessary to achieve its legitimate objective; AND
    • protect confidential information received on products originating in the territory of another Party, in the same way as for domestic products and in a way that protects legitimate commercial interests.
  4. A Party may use the confidential information it has obtained in connection with proprietary formulas in administrative and judicial proceedings in accordance with its legal system, provided that the Party maintains procedures to protect the confidentiality of the information in the course of such
  5. Nothing in paragraph 3 shall prevent a Party from requiring that ingredients be listed on labels in a manner consistent with CODEX STAN 1-1985 and CODEX STAN 107-1981, as amended, except where those standards are an ineffective or inappropriate means. for the fulfillment of a legitimate objective.

CHAPTER 4 RULES OF ORIGIN

Article 4.1: Definitions

For the purposes of this Chapter:

aquaculture   means the rearing of aquatic organisms, including fish, mollusks, crustaceans, other aquatic invertebrates and aquatic plants from reproductive material, such as eggs, minnows, fingerlings or larvae, intervening in the rearing or growth processes to improve production, such as as restocking, feeding or periodic protection against predators;

reasonably allocate the   media allocation in a manner appropriate to the circumstances;

 costs of  shipping and packing  means costs incurred for packing goods for shipment and transportation of the goods from the point of direct shipment to the buyer, excluding costs of preparation and packaging of goods for sale to the retail;

The   costs of  sales promotion, marketing and after – sales service  are the following costs related to sales promotion, marketing and after – sales services:

  • sales promotion and marketing; advertising in broadcast media; advertising and market research; promotional and demonstration materials; exhibitions; sales promotion conferences, trade shows and conventions; banners; merchandising exhibitions; free samples; Sales, marketing and after-sales service publications (product brochures, catalogs, technical publications, price lists, service manuals, sales support information); establishment and protection of logos and trademarks; sponsorships; restocking charges for wholesaling and retailing; Representation expenses;
  • sales and marketing incentives; discounts to wholesalers, retailers, consumers; or merchandise incentives;
  • wages and salaries, sales commissions, bonuses, benefits (for example: medical benefits, insurance or pensions), travel, lodging and living expenses, or membership and professional fees for sales promotion, marketing and after-sales personnel for sale;
  • hiring and training of sales promotion, marketing and after-sales service personnel, and training of customer’s employees after the sale; whether such costs are separately identified in the producer’s financial statements or in the cost accounts for merchandise sales promotion, marketing and after-sales services;
  • civil liability insurance derived from the merchandise;
  • office products for sales promotion, marketing and after-sales services; whether such costs are separately identified for sales promotion, marketing and after-sales services of goods in the producer’s financial statements or cost accounts;
  • telephone, mail and other means of communication, when those costs are separately identified for sales promotion, marketing and after-sales services of merchandise in the financial statements or cost accounts of the producer;
  • income and depreciation of sales promotion, marketing and services offices after the sale of merchandise, as well as of distribution centers;
  • property insurance premiums, taxes, utility costs, and repair and maintenance costs for sales promotion, marketing and after-sales service offices, as well as distribution centers; whether such costs are separately identified for sales promotion, marketing and after-sales services of goods in the producer’s financial statements or cost accounts; AND
  • producer payments to third parties for warranty repairs;

net cost   means the total cost less sales promotion, marketing and after-sales service costs, royalties, shipping and packaging costs, and ineligible interest costs that are included in the total cost;

net cost of a good   means the net cost that can be reasonably assigned to the good, using one of the methods established in Article 4.5 (Regional Value Content);

 Costs  not eligible interest  means interest costs incurred by a producer in excess of 700 basis points above the interest rate applicable federal government identified in the Uniform Regulations for comparable maturities;

total cost   means all product costs, periodic costs and other costs incurred in the territory of one or more of the Parties, when:

  • Product costs are costs that are related to the production of a good and include the value of materials, direct labor costs, and direct overhead costs;
  • Recurring costs are costs, other than product costs, recorded during the period in which they are incurred, such as selling expenses and general and administrative expenses; AND
  • Other costs are all costs recorded on the producer’s books that are not product costs or recurring costs, such as

The total cost does not include the profits made by the producer regardless of whether they are retained by the producer or paid to others as dividends, or taxes paid on those profits, including taxes on capital gains.

material   means a good used in the production of another good, and includes a part or ingredient;

packaging materials and containers   means the materials and containers that are used to protect a good during its transport;

packaging materials and containers   means the materials and containers in which the merchandise is packed for retail sale;

self-made material   means a material produced by the producer of the good and used in the production of that good;

indirect material   means a material used in the production, verification or inspection of a good but which is not physically incorporated in the good, or a material used in the maintenance of buildings or in the operation of equipment, related to the production of a good, even:

  • fuel and energy;
  • tools, dies and molds;
  • spare parts and materials used in the maintenance of equipment and buildings;
  • lubricants, greases, compounds and other materials used in production or used to operate equipment and buildings;
  • gloves, glasses, footwear, clothing, safety equipment and supplies;
  • equipment, apparatus and supplies used for the verification or inspection of merchandise;
  • catalysts and solvents; AND
  • any other material that is not incorporated into the good, but whose use in the production of the good can reasonably be shown to be part of that production;

intermediate material   means a material of own manufacture and used in the production of the good, and that has been designated in accordance with Article 4.8 (Intermediate Materials);

fungible  goods   or   materials    means goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical;

non-originating good   or   non-originating   material   through a merchandise or material that does not qualify as originating under this Chapter;

originating merchandise or material   means a merchandise or material that qualifies as originating in accordance with this Chapter;

production   means to grow, sow, breed, extract, harvest, fish, cheat, hunt, capture, breed, extract, manufacture, process or assemble a commodity or aquaculture;

producer   means a person who participates in the production of a good;

royalties   means payments of any kind, including payments for technical assistance or similar agreements, made for the use or right to use a copyright, artistic or literary work or scientific work, patents, trademarks, designs, models, plans or formulas or secret processes, except payments for technical assistance or similar agreements that may be related to specific services such as:

  • training of personnel, regardless of where it is carried out; or
  • plant engineering, plant assembly, mold assembly, computer program design and similar computer services or other services, provided they are carried out in the territory of one or more of the Parties;

used   means used or consumed in the production of goods;

value   means the value of a good or material for the purposes of calculating customs duties or applying this Chapter; AND

transaction value   means the customs value determined in accordance with the Customs Valuation Agreement, which is the price actually paid or payable for a good or material with respect to a transaction of the producer of the good, except for the application of Article 10.3 (a) in the Appendix to Annex 4-B (Product Specific Rules of Origin), adjusted in accordance with the principles of Articles 8 (1), 8 (3) and 8 (4) of the Customs Valuation Agreement regardless of whether the merchandise or material is sold for export.

Article 4.2: Originating goods

Unless otherwise provided in this Chapter, each Party shall provide that a good is originating if it is:

  • obtained in its entirety or produced in its entirety in the territory of one or more Parties as defined in Article 4.3 (Fully Obtained or Produced Goods);
  • produced entirely in the territory of one or more of the Parties using non-originating materials, provided that the merchandise complies with all the applicable requirements of Annex 4-B (Specific Rules of Origin by Product);
  • produced entirely in the territory of one or more of the Parties, exclusively from originating materials; or
  • Except for a good included in Chapters 61 to 63 of the Harmonized System:
    • produced entirely in the territory of one or more of the Parties,
    • one or more of the non-originating materials classified as parts, according to the Harmonized System, used in the production of the merchandise do not meet the requirements established in Annex 4-B (Specific Rules of Origin by Product) because both the merchandise as its materials are classified in the same subheading or the same heading that is not subdivided into subheadings, or, the good was imported into the territory of a Party unassembled or disassembled, but was classified as an assembled good under rule 2 (a) of the General Rules of Interpretation of the Harmonized System, and
    • the regional value content of the merchandise determined in accordance with Article 4.5 (Regional value content), is not less than 60 percent under the transaction value method, nor is it less than 50 percent under the net cost method ;

and the merchandise complies with all other applicable requirements of this Chapter.

Article 4.3: Fully obtained or produced goods

Each Party shall provide that for the purposes of Article 4.2 (Originating Goods), a good is wholly obtained or produced in the territory of one or more of the Parties if it is:

  • a mineral or other substance of natural origin extracted or obtained there;
  • a plant or product of a plant, vegetable or fungus, grown, cultivated, harvested, collected or collected there;
  • a live animal born and raised there;
  • a merchandise obtained from a living animal there;
  • an animal obtained from hunting, capturing, fishing, gathering or capturing made there;
  • a commodity obtained from aquaculture there;
  • fish, crustaceans or other marine species obtained from the sea, the seabed or the subsoil outside the territory of the Parties and, in accordance with international law, outside the territorial sea of ​​a country that is not a Party by registered, registered or registered vessels in a Party and entitled to fly the flag of that Party;
  • a good produced from the goods mentioned in subparagraph (g) on ​​board factory ships registered, listed or registered in a Party and entitled to fly the flag of that Party;
  • a good, except fish, crustaceans and other marine species obtained by a Party or a person from a Party from the seabed or subsoil outside the territory of the Parties, provided that the Party has the right to exploit that seabed or subsoil;
  • Residues or residues derived from:
    • production there, or
    • used goods collected there, provided that such goods are suitable only for the recovery of raw materials; AND
  • a good produced there, exclusively from the goods mentioned in subparagraphs (a) to (j), or their derivatives at any stage of production.

Article 4.4: Treatment of recovered materials used in the production of remanufactured goods

  1. Each Party shall provide that a recovered material obtained in the territory of one or more of the Parties be treated as originating when it is used in the production of a remanufactured good and is incorporated into it.
  2. For greater certainty:
    • a remanufactured good is originating only if it meets the applicable requirements of Article 4.2 (Originating Goods); AND
    • A recovered material that is not used or incorporated in the production of a remanufactured good is originating only if it meets the applicable requirements of Article 4.2 (Originating Goods).

Article 4.5: Value of regional content

  1. Except as provided in paragraph 6, each Party shall provide that the regional value content of a good be calculated, at the option of the importer, exporter or producer of the good, under the transaction value method established in paragraph 2 or the method of net cost value established in paragraph
  2. Each Party shall provide that an importer, exporter or producer may calculate the regional value content of the good under the following transaction value method:

VCR = (VT-VMNO) / VT x 100

where:

VCR is the regional content value, expressed as a percentage;

VT is the transaction value of the merchandise, adjusted to exclude any costs incurred in the international shipment of the merchandise; AND

VMNO is the value of non-originating materials, including materials of undetermined origin, used by the producer in the production of the good.

  1. Each Party shall provide that an importer, exporter, or producer may calculate the regional value content of the good under the following net cost method:

VCR = (CN-VMNO) / CN x 100

where:

VCR is the regional content value, expressed as a percentage; CN is the net cost of the merchandise; AND

VMNO is the value of non-originating materials, including materials of undetermined origin, used by the producer in the production of the good.

  1. Each Party shall provide that the value of non-originating materials used by the producer in the production of a good shall not include, for the purposes of calculating the regional value content of the good in accordance with paragraph 2 or 3, the value of the good. commodity. materials. non-originating materials used to produce originating materials to be used later in the production of the good.
  2. Each Party shall provide that, if a non-originating material is used in the production of the good, the following may be counted as originating content for the purpose of determining whether the good meets the regional value content requirement:
    • the value of the processing of non-originating materials carried out in the territory of one or more of the Parties; AND
    • the value of any originating material used in the production of the non-originating material produced in the territory of one or more of the
  3. Each Party shall provide that an importer, exporter or producer calculate the regional value content of a good only under the net cost method established in paragraph 3 if the rule of Annex 4-B (Product Specific Rules of Origin) does not provide a rule based on the transaction value method.
  4. If an importer, exporter or producer of a good calculates the regional value content of the good in accordance with the transaction value method established in paragraph 2 and a Party subsequently notifies the importer, exporter or producer, during the course of a verification in accordance with Chapter 5 (Origin Procedures) that the transaction value of the merchandise, or the value of the material used in the production of the merchandise, is required to adjust or is unacceptable in accordance with Article 1 of the Customs Valuation Agreement , the exporter, producer or importer may also calculate the regional value content of the merchandise in accordance with the net cost method established in paragraph
  5. For purposes of calculating the net cost of the merchandise in accordance with paragraph 3, the producer of the merchandise may:
    • calculate the total cost incurred with respect to all merchandise produced by that producer, discounting the costs of sales promotion, marketing, after-sales services, royalties, shipping and packaging, as well as unacceptable financial costs included in the total cost of all those goods , and then reasonably distribute the resulting net cost of those assets to the asset;
  • calculate the total cost incurred with respect to all merchandise produced by that producer, reasonably allocating the total cost to the merchandise and then discounting the costs of sales promotion, marketing, after-sales services, royalties, shipping and packaging, as well as financial costs unacceptable costs, included in the part of the total cost allocated to the merchandise; or
  • Reasonably allocate each cost that is part of the total cost incurred with respect to the merchandise, so that the sum of these costs does not include any costs of sales promotion, marketing, after-sales services, royalties, shipping and packaging, as well as unacceptable financial costs ,

provided that the allocation of said costs is compatible with the provisions on reasonable allocation of costs established in the Uniform Regulations.

Article 4.6: Value of materials used in production

Each Party shall provide that, for the purposes of this Chapter, the value of a material is:

  • for a material imported by the producer of the good, the transaction value of the material at the time of importation, including costs incurred in the international transport of the material;
  • for a material acquired in the territory where the merchandise is produced:
    • the price paid or payable by the producer in the Party where the producer is located,
    • the value determined for an imported material in subparagraph (a), or
    • the first verifiable price paid or payable in the Party’s territory; or
  • for a self-made material:
    • all costs incurred in producing the material, including overhead, and
    • an amount equal to the aggregate profit in the normal course of trade, or equal to the profit generally reflected in the sale of goods of the same class or type as the self-made material being

Article 4.7: Additional adjustments to the value of materials

  1. Each Party shall provide that, for a non-originating material or material of indeterminate origin, the following expenses may be deducted from the value of the material:
    • the costs of freight, insurance, packaging and all other costs incurred in transporting the material to the location of the producer of the merchandise;
    • Duties, taxes and costs for customs brokerage services on the material, paid in the territory of one or more of the Parties, with the exception of duties and taxes that are forgiven, reimbursed, refundable or recoverable in another way, which include credit for duties or taxes. paid or payable; AND
    • the cost of scrap and scrap arising from the use of the material in the production of the good, less the value of reusable waste or
  2. If the cost or expense listed in paragraph 1 is unknown or if documentary evidence of the amount of the adjustment is not available, no adjustment for that cost will be allowed in

Article 4.8: Intermediate materials

Each Party shall provide that any material of its own manufacture that is used in the production of a good may be designated by the producer of the good as an intermediate material for the purpose of calculating the regional value content of the good in accordance with paragraph 2 . or 3 of Article 4.5 (Regional value content), provided that, when the intermediate material is subject to a regional value content requirement, no other material of own production subject to a regional value content requirement used in production of that intermediate material may be designated by the producer as intermediate material.

Article 4.9: Indirect materials

An indirect material is considered originating regardless of the place of its production.

Article 4.10: Automotive goods

The Appendix to Annex 4-B (Product Specific Rules of Origin) includes additional provisions that apply to automotive merchandise.

Article 4.11: Accumulation

  1. Each Party shall provide that a good is originating if the good is produced in the territory of one or more of the Parties by one or more producers, provided that the good meets the requirements established in Article 2 (Originating Goods) and all the others. requirements. applicable of this Chapter.
  2. Each Party shall provide that a good or material originating in one or more of the Parties shall be considered originating in the territory of another Party when used as a material in the production of a good in the territory of another Party.
  3. Each Party shall provide that production made from a non-originating material in the territory of one or more of the Parties may contribute to the originating content of a good, regardless of whether that production was sufficient to confer originating status of the good itself.

Article 4.12:   De Minimis

  1. Except as provided in Annex 4-A (Exceptions to Article 4.12 (   De Minimis   )), each Party shall provide that a good is originating if the value of all non-originating materials used in the production of the good does not meet the requirement. change in applicable tariff classification established in Annex 4-B (Specific Rules of Origin by Product) does not exceed 10 percent:
    • the transaction value of the merchandise adjusted to exclude any costs incurred in shipping the merchandise internationally; or
    • of the total cost of the merchandise,

provided that the merchandise complies with all other applicable requirements of this Chapter.

  1. If a good described in paragraph 1 is also subject to a regional value content requirement, the value of those non-originating materials will be included in the value of the non-originating materials for the regional value content requirement.
  2. A good subject to a regional value content requirement shall not be required to satisfy the requirement if the value of all non-originating materials used in the production of the good does not exceed 10 percent of the transaction value of the good, adjusted to exclude any the cost incurred in the international shipment of the merchandise, or the total cost of the merchandise, provided that the merchandise complies with all other applicable requirements of this Chapter.
  3. With respect to a textile merchandise or garment, Articles 6.1.2 and 6.1.3 (Rules of origin and related matters) will apply instead of the paragraph

Article 4.13: Expendable goods or materials

  1. Each Party shall provide that a fungible good or material is originating if:
    • When originating and non-originating fungible materials are used in the production of a good, the determination of whether the materials are originating will be made in accordance with an inventory management method recognized in Generally Accepted Accounting Principles of, or otherwise accepted. by, the Party in which the production takes place; or
    • When originating and non-originating fungible materials are mixed and exported in the same way, the determination of whether the materials are originating will be made in accordance with an inventory management method recognized in Generally Accepted Accounting Principles or otherwise accepted. by the Party from which the good is exported.
  2. The inventory management method selected in accordance with paragraph 1 shall be used throughout the fiscal year of the producer or the person who selected the inventory management method.
  3. For greater certainty, an importer may request that a fungible good or material be originating if the importer, producer or exporter has physically separated each fungible good or material to allow its specific identification.

Article 4.14: Accessories, spare parts, tools and instructional materials or other information

  1. Each Party shall provide that:
    • When determining whether a good is obtained in its entirety, or complies with a process or requirement of change in tariff classification as established in Annex 4-B (Specific Rules of Origin by Product), accessories, spare parts, tools or instructive materials or other information, as described in paragraph 3; AND
    • In determining whether a good meets a regional value content requirement, the value of accessories, spare parts, tools or instructional materials or other information, as described in paragraph 3, will be taken into account as originating materials or not. originated, where appropriate, in the calculation of the regional content value of the merchandise.
  1. Each Party shall provide that accessories, spare parts, tools or instructional materials or other information on a good, as described in paragraph 3, have the origin of the good with which they were delivered.
  2. For the purposes of this Article, accessories, spare parts, tools or instructional materials or other information are covered when:
    • accessories, spare parts, tools or instructional materials or other information materials are classified with the merchandise, delivered with the merchandise, but not billed separately from the merchandise; AND
    • the types, quantities and value of accessories, spare parts, tools or instructional materials or other information are typical for that merchandise.

Article 4.15: Packaging materials and containers for retail sale

  1. Each Party shall provide that packaging materials and containers in which a good is presented for retail sale, if classified with the good, shall not be taken into account in determining whether all non-originating materials used in the production of the merchandise comply with the applicable process or with the requirement to change the tariff classification established in Annex 4-B (Specific Rules of Origin by Product) or if the merchandise is totally obtained or
  2. Each Party shall provide that, if a good is subject to a regional value content requirement, the value of the packaging materials and containers in which the good is presented for retail sale, if classified with the good, shall be will take into account as originating or non-originating, as the case may be, when calculating the regional content value of the merchandise.

Article 4.16: Packaging materials and shipping containers

Each Party shall provide that packaging materials and shipping containers are not taken into account when determining whether a good is originating.

Article 4.17: Sets of merchandise, cases or assortments of merchandise

  1. Except as provided in Annex 4-B (Specific Rules of Origin by Product), each Party shall provide that for a set or assortment classified as a result of the application of Rule 3 of the General Rules for the Interpretation of the Harmonized System, the El set or assortment is original only if each merchandise in the set or assortment is original and both the set or assortment and the merchandise meet the other applicable requirements of this Chapter.
  2. Notwithstanding the provisions of paragraph 1, for a set or assortment classified as a result of the application of rule 3 of the General Rules for the Interpretation of the Harmonized System, the set or assortment will be original if the value of all non-originating goods in the game or assortment does not exceed 10 percent of the value of the game or
  3. For the purposes of paragraph 2, the value of the non-originating goods in the set or assortment and the value of the set or assortment shall be calculated in the same way as the value of the non-originating materials and the value of the merchandise. .
  4. With respect to a merchandise or textile garment, Articles 6.1.4 and 6.1.5 (Rules of origin and related matters) will apply instead of the paragraph

Article 4.18: Transit and transshipment

  1. Each Party shall provide that an originating good shall retain its originating status if the good has been transported to the importing Party without passing through the territory of a non-originating Party.
  2. Each Party shall provide that, if an originating good is transported outside the territories of the Parties, the good shall maintain its originating status if the good:
    • remains under customs control in the territory of the country that is not a Party; AND
    • it is not subject to any operation outside the territories of the Parties, except: discharge; recharge; separation of a bulk shipment; storage; labeling or marking required by the importing Party; or any other operation necessary for its conservation in good condition or to transport said merchandise to the territory of the importing Party.

Article 4.19: Operations that do not confer origin

Each Party shall provide that a good shall not be considered originating solely for:

  • the simple dilution in water or in another substance that does not materially alter the characteristics of the merchandise; or
  • any production or pricing practice by which it can be demonstrated, based on sufficient evidence, that its objective is to evade this Chapter.

ANNEX 4-A

EXCEPTIONS TO ARTICLE 4.12 (   DE MINIMIS   )

Each Party shall provide that Article 4.12 (   De Minimis   ) shall not apply to:

  • a non-originating material of heading 04.01 to 04.06, or non-originating milk preparations containing more than 10 percent by dry weight of milk solids of subheadings 1901.90 or 2106.90, used in the production of a good of heading 04.01 to 06;
  • a non-originating material of heading 04.01 to 04.06, or non-originating milk preparations containing more than 10 percent by dry weight of milk solids of subheadings 1901.90 or 2106.90, used in the production of:
    • infant food preparations containing more than 10 percent by dry weight of milk solids of subheading 10;
    • mixes and pastes containing more than 25 percent by dry weight butterfat, not put up for retail sale of subheading 20;
    • milk preparations containing more than 10 percent by dry weight of milk solids of subheadings 1901.90 or 90;
    • goods of heading 05;
    • beverages containing milk of subheading 2202.90; or
    • feed containing more than 10 percent by dry weight of milk solids of subheading 90;
  • a non-originating material of heading 08.05 or subheading 2009.11 to 2009.39, used in the production of a good of subheading 2009.11 to 2009.39 or of a juice of a single fruit or vegetable, enriched with minerals or vitamins, concentrated or not concentrated, of subheading 2106.90 or 2202.90;
  • a material not originating from Chapter 9 of the Harmonized System used in the production of instant unflavored coffee of subheading 11;
  • a non-originating material of Chapter 15 of the Harmonized System used in the production of a good of heading 15.01 to 15.08, 15.12, 15.14 or 15;
  • a non-originating material of heading 17.01 used in the production of a good of heading 17.01 to 03;
  • a non-originating material of Chapter 17 or heading 18.05 of the Harmonized System used in the production of a good of subheading 10;
  • peaches (peaches), pears or apricots (apricots or apricots) not originating from Chapter 8 or 20 of the Harmonized System, used in the production of a good of heading 08;
  • an ingredient of a single non-originating juice included in heading 20.09 used in the production of a good included in subheading 2009.90, or tariff item 2106.90.cc (concentrates of mixtures of fruit, legume or vegetable juices enriched with minerals or vitamins) or 2202.90 .bb (mixtures of fruit juices, legumes or vegetables enriched with minerals or vitamins);
  • a non-originating material of heading 22.03 to 22.08 used in the production of a good of heading 22.07 or 08;
  • a non-originating material used in the production of a good included in Chapters 1 to 27 of the Harmonized System, unless the non-originating material is included in a different subheading than the good for which the origin is being determined in accordance with with this

ANNEX 4-B

RULES OF ORIGIN SPECIFIC TO THE PRODUCT

Section A- General interpretative note

For the purposes of interpreting the rules of origin established in this Annex:

  • The tariff headings referred to in this annex, which are shown generically in this annex by eight-digit numbers made up of six numerical characters and two alphabetic letters, refer to the specific tariff headings of the Parties shown in the table below Section B of this annex;
  • the specific rule, or the set of specific rules, that is applied to a specific heading, subheading or tariff fraction is established together with the heading, subheading or tariff fraction;
  • the rule applicable to a tariff item will have priority over the rule applicable to the heading or subheading comprising the tariff item;
  • the requirement to change the tariff classification applies only to non-originating materials;
  • any reference to weight in the rules for goods included in Chapters 1 to 24 of the Harmonized System, means dry weight, except when otherwise specified in the nomenclature of the Harmonized System;
  • The specific rule that follows the reference “as of January 1, 2020 or the date of entry into force of the Agreement, whichever is later” is the specific rule that applies if the Agreement enters into force before January 1 2020. January 2020, and
  • The following definitions apply:

the chapter   refers to a chapter of the Harmonized System;

tariff fraction   refers to the first eight digits of the tariff classification of the Harmonized System adopted by each Party.

heading   refers to the first four digits of the Harmonized System tariff classification;

section   refers to a section of the Harmonized System;

The subheading   refers to the first six digits of the Harmonized System tariff classification; AND

  • If the good is a Chapter 87 vehicle or a part listed in Tables A.1, B, C, D, E, F or G of the Appendix to this Annex for use in a Chapter 87 vehicle, the provisions of the Appendix of this applies the annex.

Section B- Product specific rules of origin Section I – Live animals; Animal Products (Chapters 1 to 5)

Chapter 1 Live Animals

01.01-01.06 A change to heading 01.01 through 01.06 from any other chapter.

Chapter 2 Meat and edible meat offal

02.01-02.10 A change to heading 02.01 through 02.10 from any other chapter.

Chapter 3 Fish and crustaceans, molluscs and other aquatic invertebrates

Note   : A fish, crustacean, mollusk or other aquatic invertebrate obtained in the territory of a Party is indigenous, even if it is obtained from imported eggs, larvae, fingerlings, minnows, smolts or other immature fish. of a non-Party.

03.01-03.05 A change to heading 03.01 through 03.05 from any other chapter.

0306.11-0308.90 A change to a smoked product of any of subheadings 0306.11 through 0308.90 from a non-smoked product within that subheading or from any other subheading; or

A change to any other good of subheading 0306.11 through 0308.90 from any other chapter.

Chapter 4 Milk and Dairy Products; Bird eggs; Natural honey; Edible products of animal origin not specified or included in other articles

04.01-04.04 A change to heading 04.01 through 04.04 from any other chapter, except from tariff item 1901.90.aa.

04.05 A change to heading 04.05 from any other chapter, except from tariff item 1901.90.aa or 2106.90.dd.

04.06-04.10 A change to heading 04.06 through 04.10 from any other chapter, except from tariff item 1901.90.aa.

Chapter 5 Other products of animal origin, not elsewhere specified or included

05.01-05.11 A change to heading 05.01 through 05.11 from any other chapter.

Section II Vegetable Kingdom Products (Chapter 6 to 14)

Note:   Agricultural and horticultural products grown in the territory of a Party will be treated as originating in the territory of that Party, even if they were grown from seeds, bulbs, cuttings, cuttings, buds or other parts of live plants imported from Fiesta.

Chapter 6 Live trees and other live plants, bulbs, roots and the like, cut flowers and ornamental foliage

06.01-06.04 A change to heading 06.01 through 06.04 from any other chapter.

Chapter 7 Edible legumes and vegetables, plants, roots and tubers

Note:     However, the provisions of subparagraph (k) of Annex 4-A (Exceptions to Article 4.12 (   De Minimis   )), paragraph 1 of Article 4.12 (   De Minimis   ) apply to: non-originating truffles of subheading 0709.59 used in the production of mixtures of mushrooms and truffles of subheading 0709.59 and non-originating capers of subheading 0711.90 used in the production of mixtures of vegetables of subheading 0711.90.

07.01-07.11 A change to heading 07.01 through 07.11 from any other chapter. 0712.20-0712.39 A change to subheading 0712.20 through 0712.39 from any other chapter.

0712.90 A change to savory, ground or ground, of subheading 0712.90 from savory, not ground or ground, of subheading 0712.90 or any other chapter; or

A change to any other good of subheading 0712.90 from any other chapter.

07.13-07.14 A change to heading 07.13 through 07.14 from any other chapter.

Chapter 8 Edible fruits and nuts; Citrus or melon peels

Note:     Notwithstanding the provisions of subparagraph (k) of Annex 4-A (Exceptions to Article 4.12 (   De Minimis)),   paragraph 1 of Article 4.12   (De Minimis)   shall not apply to macadamia nuts that do not originate in subheading 0802.60 used in the production of dried fruit of subheading 0802.90.

08.01-08.14 A change to heading 08.01 through 08.14 from any other chapter.

Chapter 9 Coffee, tea, yerba mate and spices

09.01 A change to heading 09.01 from any other chapter.

0902.10-0902.40 A change to subheading 0902.10 through 0902.40 from any other subheading including another subheading within that group.

09.03 A change to heading 09.03 from any other chapter. 0904.11 A change to subheading 0904.11 from any other chapter.

0904.12 A change to subheading 0904.12 from any other subheading. 0904.21 A change to subheading 0904.21 from any other chapter.

0904.22 A change to allspice, crushed or ground, of subheading 0904.22 from allspice, not crushed or ground, of subheading 0904.21 or any other chapter; or

A change to any other good of subheading 0904.22 from any other chapter.

09.05 A change to heading 09.05 from any other chapter.

0906.11-0906.19 A change to subheading 0906.11 through 0906.19 from any other chapter. 0906.20 A change to subheading 0906.20 from any other subheading.

0907.10-0907.20 A change to a good of any of subheading 0907.10 through 0907.20, from any other good within that subheading, or from any other subheading within that group or from any other chapter.

0908.11-0909.62 A change to a good of any of subheadings 0908.11 through 0909.62, from any other good within that subheading, or from any other subheading within that group or from any other chapter.

0910.11-0910.12 A change to a good of subheading 0910.11 through 0910.12 from any other good within that subheading, from any other subheading within that group, or from any other chapter.

0910.20 A change to subheading 0910.20 from any other chapter.

0910.30 A change to a good of subheading 0910.30 within that subheading or from any other chapter.

0910.91 A change to subheading 0910.91 from any other subheading. 0910.99

Note:     Notwithstanding the provisions of subparagraph (k) of Annex 4-A (Exceptions to Article 4.12 (   De Minimis)),   paragraph 1 of Article 4.12 (   De Minimis   ) applies to thyme, bay leaves or curries not originating in subheading 0910.99 used. in the manufacture of mixtures of subheading 0910.99.

A change to bay leaves, crushed or crushed, of subheading 0910.99 from bay leaves, not crushed or crushed, of subheading 0910.99 or any other chapter;

A change to dill seeds, crushed or ground, of subheading 0910.99 from dill seeds, not crushed or ground, of subheading 0910.99 or any other chapter;

A change to curry of subheading 0910.99 from any other good of subheading 0910.99 or any other subheading; or

A change to any other good of subheading 0910.99 from any other chapter.

Chapter 10 Cereals

10.01-10.08 A change to heading 10.01 through 10.08 from any other chapter.

Chapter 11 Products of the milling industry; Malt; Starch and starch; Inulin; Wheat gluten

11.01-11.09

Note   :     Notwithstanding the provisions of subparagraph (k) of Annex 4-A (Exceptions to Article 4.12 (   De Minimis)),   paragraph 1 of Article 4.12   (De Minimis   ) applies to rice or rye flour not originating in subheading 1102.90 used in production. of mixtures of flours of subheading 1102.90.

A change to heading 11.01 through 11.09 from any other chapter.

Chapter 12 Oil seeds and oleaginous fruits; Cereals, Seeds and Various Fruits; Industrial or medicinal Plants; Straw and fodder

12.01-12.06 A change to heading 12.01 through 12.06 from any other chapter. 1207.10-1207.70 A change to subheading 1207.10 through 1207.70 from any other chapter.

1207.91 A change to a good of subheading 1207.91 within that subheading or from any other chapter.

1207.99 A change to subheading 1207.99 from any other chapter.

12.08 A change to heading 12.08 from any other chapter.

1209.10-1209.30

Note   :   However, the provisions of subparagraph (k) of Annex 4-A (Exceptions to Article 4.12 (   De minimis   )), paragraph 1 of Article 4.12 (   De minimis   ) applies to non-originating timothy grass seeds when they are used in the production of mixtures of subheading 1209.29.

A change to subheading 1209.10 through 1209.30 from any other chapter.

1209.91 A change to ground or ground celery seeds of subheading 1209.91 from unground or ground celery seeds of subheading 1209.91 or any other chapter; or

A change to any other good of subheading 1209.91 from any other chapter.

1209.99 A change to subheading 1209.99 from any other chapter. 12.10-12.14 A change to heading 12.10 through 12.14 from any other chapter.

Chapter 13 Shellac and other gums, resins and other vegetable juices and extracts

1301.20 A change to a good of subheading 1301.20 within that same subheading or from any other chapter.

1301.90 A change to subheading 1301.90 from any other chapter. 1302.11-1302.32

Note:     Notwithstanding the provisions of subparagraph (k) of Annex 4-A (Exceptions to Article 4.12 (   De minimis   )), paragraph 1 of Article 4.12 (   De minimis   ) applies to juices and extracts that do not originate from the pyrethrum. or from plant roots containing rotenone when used in the manufacture of products of subheading 1302.19.

A change to subheading 1302.11 through 1302.32 from any other chapter, except from concentrates of poppy straw of subheading 2939.11.

1302.39 A change to carrageenan of subheading 1302.39 within that subheading or from any other chapter, provided that the non-originating materials of subheading 1302.39 do not exceed 50 percent by weight of the good; or

A change to any other good of subheading 1302.39 from any other chapter, except from concentrates of poppy straw of subheading 2939.11.

Chapter 14 Plaiting materials and other products of vegetable origin, not elsewhere specified or included

14.01-14.04 A change to heading 14.01 through 14.04 from any other chapter.

Section III Animal or Vegetable Fats and Oils and Products of their Cleavage; Processed edible fats; Animal or vegetable waxes (Chapter 15)

Chapter 15 Animal or vegetable fats and oils and their cleavage products   ,    prepared edible fats; Waxes of animal or vegetable origin.

15.01-15.18 A change to heading 15.01 through 15.18 from any other chapter, except from heading 38.23.

15.20 A change to heading 15.20 from any other heading, except from heading 38.23. 15.21-15.22 A change to heading 15.21 through 15.22 from any other chapter.

Section IV Products of the Food Industries; Beverages, Alcoholic Liquids and Vinegar; Tobacco and Manufactured Tobacco Substitutes (Chapters 16-24)

Chapter 16 Preparations based on meat, fish or crustaceans, molluscs or other   aquatic invertebrates

16.01-16.05 A change to heading 16.01 through 16.05 from any other chapter.

Chapter 17 Sugars and Confectionery

17.01-17.03 A change to heading 17.01 through 17.03 from any other chapter.

17.04 A change to heading 17.04 from any other heading.

Chapter 18 Cocoa and cocoa preparations

18.01-18.05 A change to heading 18.01 through 18.05 from any other chapter. 1806.10

1806.10.aa A change to tariff item 1806.10.aa from any other heading.

1806.10 A change to subheading 1806.10 from any other heading, provided that the non-originating sugar of Chapter 17 does not constitute more than 35 percent by weight of the sugar and the non-originating cocoa powder of heading 18.05 does not constitute more than 35 percent. . . by weight of cocoa powder.

1806.20 A change to subheading 1806.20 from any other heading.

1806.31-1806.90 A change to subheading 1806.31 through 1806.90 from any other subheading including another subheading within that group.

Chapter 19 Preparations made from cereals, flour, starch or milk; Pastry products 

1901.10

1901.10.aa A change to tariff item 1901.10.aa from any other chapter, except from Chapter 4.

1901.10 A change to subheading 1901.10 from any other chapter. 1901.20

1901.20.aa A change to tariff item 1901.20.aa from any other chapter, except from Chapter 4.

1901.20 A change to subheading 1901.20 from any other chapter. 1901.90

1901.90.aa A change to tariff item 1901.90.aa from any other chapter, except from Chapter 4.

1901.90 A change to subheading 1901.90 from any other chapter. 19.02-19.03 A change to heading 19.02 through 19.03 from any other chapter. 1904.10 A change to subheading 1904.10 from any other chapter.

1904.20 A change to subheading 1904.20 from any other subheading, except from Chapter 20.

1904.30-1904.90 A change to subheading 1904.30 through 1904.90 from any other chapter.

19.05 A change to heading 19.05 from any other chapter.

Chapter 20 Preparations of legumes, vegetables, fruit, nuts or other parts of plants

Note   :   Fruit, vegetable or vegetable preparations of Chapter 20 that have been prepared or preserved solely by freezing, packed (including canning) in water, brine or natural juices, or roasted, either dry or in oil (including inherent processing freezing, packaging or roasting), should be treated as originating goods only when the fresh goods have been wholly produced or wholly obtained in the territory of one or more of the Parties.

20.01-20.07

Note 1:   Notwithstanding the provisions of subparagraph (k) of Annex 4-A (Exceptions to Article 4.12 (   De minimis   )), paragraph 1 of Article 4.12 (   De minimis   ) does not apply to bamboo shoots that are not originating of subheading 2005.91 used in the production of mixed vegetables of subheading 2005.99.

Note 2:   Without prejudice to the provisions of subparagraph (k) of Annex 4-A (Exceptions to Article 4.12 (   De minimis   )), paragraph 1 of Article 4.12 (   De minimis   ) applies to non-originating truffles of subheading 2003.90 used in the production of mixtures of mushrooms and truffles of subheading 2003.90.

A change to heading 20.01 through 20.07 from any other chapter.

2008.11 A change to subheading 2008.11 from any other heading, except from heading 12.02.

2008.19-2008.99

Note:   Fruit preparations of subheadings 2008.19 to 2008.99 containing peaches, pears or apricots, alone or mixed with other fruits, shall be considered originating only if the peaches, pears or apricots were wholly obtained or produced entirely in the territory of one or more of the parties.

A change to subheading 2008.19 through 2008.99 from any other chapter.

2009.11-2009.39 A change to subheading 2009.11 through 2009.39 from any other chapter, except from heading 08.05.

2009.41-2009.89 A change to subheading 2009.41 through 2009.89 from any other chapter. 2009.90 A change to subheading 2009.90 from any other chapter;

A change to blends of cranberry juice of subheading 2009.90 from any other subheading of chapter 20, except from subheading 2009.11 through 2009.39 or cranberry juice of subheading 2009.80, with or without changes from any other chapter, complying with a value of regional content not less than:

  • 60 percent when using the transaction value method; or
  • 50 percent when using the net cost method; or

A change to any other good of subheading 2009.90 from any other subheading of Chapter 20, whether or not there are changes to any other chapter, provided that a single juice ingredient, or juice ingredients from a single non-Party, does not constitute a single concentration, more than 60 percent by volume of the merchandise.

Chapter 21 Miscellaneous food preparations

21.01

2101.11.aa A change to tariff item 2101.11.aa from any other chapter, provided that non-originating coffee from Chapter 9 does not constitute more than 60 percent of the weight of the merchandise.

  • A change to heading 21.01 from any other chapter.
  • A change to heading 21.02 from any other chapter. 2103.10 A change to subheading 2103.10 from any other chapter. 2103.20

2103.20.aa A change to item 2103.20.aa from any other chapter, except from subheading 2002.90.

2103.20 A change to subheading 2103.20 from any other chapter. 2103.30 A change to subheading 2103.30 from any other chapter. 2103.90 A change to subheading 2103.90 from any other subheading.

  • A change to heading 21.04 from any other chapter.
  • A change to heading 21.05 from any other heading, except from Chapter 4 or tariff item 90.aa.

2106.90.bb A change to tariff item 2106.90.bb from any other chapter, except from heading 08.05 or 20.09 or from item 2202.90.aa.

2106.90.cc A change to item 2106.90.cc from any other chapter, except from heading 20.09 or item 2202.90.bb; or

A change to tariff item 2106.90.cc from any other subheading of Chapter 21, heading 20.09 or item 2202.90.bb, whether or not there is a change from any other chapter, provided that a single juice ingredient or juice ingredients from a single country that Not being a Party, it simply constitutes more than 60 percent by volume of the merchandise.

2106.90.dd A change to tariff item 2106.90.dd from any other chapter, except from Chapter 4 or tariff item 1901.90.aa.

2106.90.ee A change to tariff item 2106.90.ee from any other tariff item, except from heading 22.03 through 22.09.

21.06 A change to heading 21.06 from any other chapter.

Chapter 22 Beverages, Liquids, and Vinegar

22.01 A change to heading 22.01 from any other chapter. 2202.10 A change to subheading 2202.10 from any other chapter. 2202.90

2202.90.aa A change to tariff item 2202.90.aa from any other chapter, except from heading 08.05 or 20.09 or from item 2106.90.bb.

2202.90.bb A change to tariff item 2202.90.bb from any other chapter, except from heading 20.09 or item 2106.90.cc; or

A change to tariff item 2202.90.bb from any other subheading of Chapter 22, heading 20.09 or item 2106.90.cc, whether or not there are changes to any other chapter, provided that a single ingredient of juice from a single fruit, or ingredients thereof Juice from a single non-Party country constitutes, simply put, no more than 60 percent of the volume of merchandise.

2202.90.cc A change to tariff item 2202.90.cc from any other chapter, except from Chapter 4 or tariff item 1901.90.aa.

2202.90 A change to subheading 2202.90 from any other chapter.

22.03-22.07 A change to heading 22.03 through 22.07 from any other heading outside that group, except from tariff item 2106.90.ee or heading 22.08 through 22.09.

2208.20 A change to subheading 2208.20 from any other heading, except from tariff item 2106.90.ee or heading 22.03 through 22.07 or 22.09.

2208.30-2208.70 A change in tariff classification to subheading 2208.30 through 2208.70 is not required as long as the non-originating alcoholic ingredients do not constitute more than 10 percent of the alcoholic content of the volume of the good.

2208.90 A change to subheading 2208.90 from any other heading, except from tariff item 2106.90.ee or heading 22.03 through 22.07 or 22.09.

22.09 A change to heading 22.09 from any other heading, except from tariff item 2106.90.ee or heading 22.03 through 22.08.

Chapter 23 Residues and waste from the food industries; Prepared fodder for animals

23.01-23.08 A change to heading 23.01 through 23.08 from any other chapter. 2309.10 A change to subheading 2309.10 from any other heading.

2309.90

2309.90.aa A change to tariff item 2309.90.aa from any other heading, except from Chapter 4 or tariff item 1901.90.aa.

2309.90 A change to subheading 2309.90 from any other heading.

Chapter 24 Tobacco and Manufactured Tobacco Substitutes

24.01-24.03 A change to heading 24.01 to 24.03 from tariff item 2401.10.aa, 2401.20.aa or 2403.91.aa or from any other chapter.

Section V – Mineral Products (Chapter 25 to 27)

Chapter 25 Salt; Sulfur; Lands and Stones; Plasters; Lime and Cements

25.01-25.30 A change to heading 25.01 through 25.30 from any other chapter.

Chapter 26 Minerals, Slags and Ash

26.01-26.21 A change to heading 26.01 through 26.21 from any other heading, including another heading within that group.

Chapter 27 Mineral fuels, mineral oils and products of their distillation; Bituminous materials; Mineral waxes

Note 1:   Without prejudice to the applicable product-specific rules of origin, a Chapter 27 good that is the product of a chemical reaction is an originating good if the chemical reaction occurs in the territory of one or more of the Parties.

For the purposes of this rule, a «chemical reaction» is a process (including a biochemical process) that results in a molecule with a new structure by breaking intramolecular bonds and the formation of new intramolecular bonds, or by altering the spatial arrangement of atoms. in a molecule.

Chemical reactions are not considered:

  • dissolve in water or other solvents;
  • the removal of solvents, including dissolution water; or
  • the addition or removal of water of crystallization.

Note 2:       For the purposes of heading 27.10, the following processes confer origin:

  • Atmospheric distillation: separation process in which petroleum oils are converted, in a distillation tower, into fractions according to the boiling point at which the vapor condenses into different liquid fractions. Liquefied petroleum gas, naphtha, gasoline, kerosene, diesel / heating fuel, light gas oils and lubricating oil are produced from the distillation of petroleum;
  • Vacuum distillation: Distillation at pressure below atmospheric, but not so low as to be considered molecular distillation. Vacuum distillation is used to distill heat sensitive materials with high boiling points, such as heavy distillates contained in petroleum oils, to produce vacuum gas oils and light and heavy residues. In some refineries, diesel fuels can be further processed to obtain bases for lubricating oils;
  • Catalytic hydroprocessing: The cracking or treatment of petroleum oils with hydrogen at high temperature and under pressure, using special catalysts. Catalytic hydroprocessing includes hydrocracking and hydrotreating;
  • Reforming (catalytic reforming): Consists of rearranging molecules in a boiling range of naphtha to form higher octane aromatics (for example, improving anti-knock quality at the expense of gasoline performance). One of the main products is catalytic reforming, used as a component in gasoline blends. In this process hydrogen is also obtained as a by-product;
  • Alkylation: Process by which high octane gasoline is obtained through the catalytic combination of an isoparaffin and an olefin;
  • Cracking: A refining process that involves the molecular decomposition and recombination of organic compounds, especially hydrocarbons obtained through heat, which combine to form more suitable molecules to constitute motor fuels, monomers, petrochemicals;
    • Thermal Cracking: Distilled liquid hydrocarbons are subjected to elevated temperatures of approximately 540-650 ° C (1000-1200 ° F) for varying periods of time. The process produces smaller amounts of gasoline and, to a greater extent, high yields of intermediate and residual distillates that, when mixed, are used as heating fuels; or
    • Catalytic cracking: Hydrocarbons in the vapor phase are subjected to temperatures of approximately 400 ° C (750 ° F) and pass through a metallic catalyst (silica-alumina or platinum), where molecular recombinations (alkylation, polymerization, isomerization, etc.) are completed. ), to produce high octane gasoline. In this process less residual oils and light gases are produced than with thermal cracking;
  • Coking: Thermal cracking process in which heavy residual hydrocarbons of little economic value, such as: reduced crude oil, cracking residue, tar and shale oil, are converted by the effect of high temperatures, into carbon, also obtaining fractions of hydrocarbons boiling temperatures, which are prepared to be used as inputs for other process units in refineries, to finally become lighter products; AND
  • Isomerization: Oil refining process in which hydrocarbons with an iso molecular structure are converted into their corresponding isomers.

Note 3:   For the purposes of heading 27.10, “direct mixing” is a refining process in which mixtures of oil from different processing units and oil components stored in tanks are combined to create a finished product, with specific parameters. certain, classified in heading 27.10, provided that the non-originating material does not constitute more than 25 percent of the volume of the merchandise.

Note 4:   To determine whether a good of heading 27.09 is originating or not, the origin of the diluent of heading 27.09 or 27.10 used to facilitate the transportation between the Parties of crude petroleum oils and crude oils obtained from bituminous minerals. Heading 27.09 will not be taken into account, provided that the diluent does not constitute more than 40 percent of the volume of the merchandise.

27.01-27.03 A change to heading 27.01 through 27.03 from any other chapter.

27.04 A change to heading 27.04 from any other heading.

27.05-27.06 A change to heading 27.05 through 27.06 from any other heading, including another heading within that group.

2707.10-2707.91 A change to subheading 2707.10 through 2707.91 from any other heading; or

A change to subheading 2707.10 through 2707.91 from any other subheading within heading 27.07, whether or not there are changes from any other heading, provided that the good resulting from said change is the product of a chemical reaction.

2707.99 A change to subheading 2707.99 from any other heading;

A change to phenols of subheading 2707.99 within said subheading or from any other subheading within heading 27.07, whether or not there are changes from any other heading, provided that the good resulting from said change is the product of a chemical reaction; or

A change to any other good of subheading 2707.99 from phenols of that subheading or any other subheading within heading 27.07, whether or not there are changes from any other heading, provided that the good resulting from that change is the product of a chemical reaction.

27.08-27.09 A change to heading 27.08 through 27.09 from any other heading, including another heading within that group.

27.10

Note:           Without prejudice to the provisions of subparagraph (k) of Annex 4-A (Exceptions to Article

4.12 (   De Minimis   )), paragraph 1 of Article 4.12 (   De Minimis   ) applies to:

  • Non-originating light oils and preparations of subheading 2710.20 when used in the production of other goods of subheading 2710.20; AND
  • Other non-originating oils of subheading 2710.20 when used in the production of light oils or preparations of subheading 20.

A change to heading 27.10 from any other heading, except from heading 27.11 through 27.15;

Production of any good of heading 27.10 as a result of atmospheric distillation, vacuum distillation, catalytic hydroprocessing, catalytic reforming, alkylation, catalytic cracking, thermal cracking, coking or isomerization; or

Production of any good of heading 27.10 as a result of direct mixing, provided that:

  • non-originating material is classified in chapter 27,
  • no component of that non-originating material is classified in heading 22.07, and
  • non-originating material does not constitute more than 25 percent of the volume of the merchandise.

2711.11 A change to a good of subheading 2711.11 within that subheading or from any other good within that subheading or any other subheading, provided that the non-originating food cargo of subheading 2711.11 does not constitute more than 49 percent of the volume of the merchandise.

2711.12-2711.14 A change to a good of subheading 2711.12 through 2711.14 within that subheading or from any other good within that subheading or any other subheading, including another subheading within that group, provided that the feed cargo does not originate from subheading 2711.12 to 2711.14 does not constitute more than 49 percent of the volume of the merchandise.

2711.19 A change to subheading 2711.19 from any other subheading, except from subheading 2711.29.

2711.21 A change to subheading 2711.21 from any other subheading.

2711.29 A change to subheading 2711.29 from any other subheading, except from subheading 2711.12 through 2711.21.

27.12 A change to heading 27.12 from any other heading.

2713.11-2713.12 A change to subheading 2713.11 through 2713.12 from any other heading.

2713.20 A change to a good of subheading 2713.20 from any other good within that subheading or any other subheading, provided that the non-originating food load of subheading 2713.20 does not constitute more than 49 percent of the volume of the good.

2713.90 A change to subheading 2713.90 from any other heading, except from heading 27.10 through 27.12, subheading 2713.11 through 2713.20, or heading 27.14 through 27.15.

  • A change to heading 27.14 from any other.
  • A change to heading 27.15 from any other heading, except from subheading 2713.20 or heading 14.
  • A change to heading 27.16 from any other.

Section VI – Products of the chemical or related industries (Chapter 28 to 38)

Note 1:     A good of any chapter or heading of Section VI that satisfies one or more of Rules 1 to 8 of this Section shall be considered an originating good, except where otherwise specified in these rules.

Note 2:     Notwithstanding the provisions of Note 1, a good is originating if the good complies with the applicable change in tariff classification or satisfies the applicable regional value content specified in the rules of origin in this Section.

Rule 1: Chemical Reaction Rule

A good of Chapter 28 to 38, except a good of heading 33.01 or 38.23, or subheading 2916.32 or 3502.11 to 3502.19, that results from a chemical reaction in the territory of one or more of the Parties, shall be considered an originating good.

For the purposes of this Rule, a “chemical reaction” is a process (including a biochemical process) that results in a molecule with a new structure by breaking intramolecular bonds and the formation of new intramolecular bonds, or by altering the spatial arrangement of atoms. in a molecule.

The following are not considered chemical reactions for the purposes of determining whether a good is originating:

  • dissolve in water or other solvents;
  • the removal of solvents, including dissolution water; or
  • the addition or removal of water of crystallization.

Rule 2: Purification Rule

A good of Chapter 28 through 38, except a good of heading 33.01 or subheading 3502.11 to 3502.19, that is subject to purification is an originating good, provided that the purification occurs in the territory of one or more of the Parties and results in the following :

  • the elimination of not less than 80 percent of the content of existing impurities; or
  • the reduction or elimination of impurities that result in a good suitable for one or more of the following:
    • as a pharmaceutical, medicinal, cosmetic, veterinary or food grade substance;
    • as chemicals and chemical reagents for laboratory, diagnostic or analytical applications;
    • as elements and components that are used in microelements;
    • for specialized optical applications;
    • for non-toxic health and safety uses
    • for biotechnical applications (eg in cell culture, gene technology or as a catalyst);
    • as a catalyst used in a separation process; or
    • for grade applications

Rule 3: Mix and Match Rule

A good of Chapter 28 through 38, except a good of Chapter 28, 29 or 32, heading 33.01 or 38.08, or subheading 3502.11 to 3502.19 is an originating good if the deliberate and proportionally controlled mixing or combination (including dispersion) of materials The The addition of diluents, to meet predetermined specifications, occurs in the territory of one or more of the Parties resulting in the production of a good with physical or chemical characteristics that are relevant to the purposes or uses of the good and that are different from the materials. used.

Rule 4: Particle size change rule

A good of Chapter 28 through 38, except a good of Chapter 28, 29, 32 or 38, heading 33.01, or subheading 3502.11 to 3502.19, is an originating good if the deliberate and controlled modification of the particle size of a good, including the Micronization through dissolution of a polymer and subsequent precipitation, different from simple crushing or pressing, occurs in the territory of one or more of the Parties, resulting in a good with a defined particle size, a size distribution of defined particle or a surface, that is relevant for the purposes of the resulting good and that has physical and chemical characteristics different from the materials used.

Rule 5: Valuable Materials Rule

A material of value of Chapter 28 to 38, except a good of heading 33.01 or subheadings 3502.11 to 3502.19, is an originating good if the good is produced in the territory of one or more of the Parties.

For the purposes of this rule, a “titrated material” (including the titrated solution) is a preparation suitable for analytical, calibration or reference uses, which has precise degrees of purity or proportions that are certified by the manufacturer.

Rule 6: Isomer Separation Rule

A good of Chapter 28 through 38, except a good of heading 33.01, or subheadings 3502.11 through 3502.19, is an originating good if the isolation or separation of isomers from mixtures of isomers occurs in the territory of one or more of the Parties.

Rule 7: Rule of prohibition of separation

A good of Chapter 28 through 38, except a good of heading 33.01, or subheadings 3502.11 through 3502.19, that undergoes a change from one classification to another in the territory of one or more of the Parties, as a result of the separation of a or more of the Parties. plus Most artificially mixed materials will not be treated as originating goods unless the isolated material is the result of a chemical reaction in the territory of one or more of the Parties.

Rule 8: Rule of the biotechnological process

A good of Chapter 28 through 38, except a good of heading 29.30 to 29.42, Chapter 30, heading 33.01 or subheading 3502.11 to 3502.19, is an originating good if it undergoes a biochemical process or one or more of the following processes :

  • Biological or biotechnological cultivation, hybridization or genetic modification of:
    • Microorganisms (bacteria, viruses (including bacteriophages)) or
    • Human, animal or plant cells;
  • Production, isolation or purification of cellular or intercecular structures (such as isolated genes, gene fragments, and plasmids); or
  • Products obtained by fermentation.

Chapter 28 Inorganic Chemicals; Inorganic or organic compounds of precious metals, radioactive elements, rare earth metals or isotopes

2801.10-2853.00 A change to subheading 2801.10 through 2853.00 from any other subheading, including another heading within that group; or

No change in tariff classification is required to subheading 2801.10 to 2853.00, complying with a regional value content of not less than:

  • 40 percent when using the transaction value method, or
  • 30 percent when using cost method

Chapter 29 Organic Chemicals

2901.10-2942.00 A change to subheading 2901.10 through 2942.00 from any other subheading, including another subheading within that group; or

No change in tariff classification required to subheading 2901.10 to 2942.00, except for a good of subheading 2916.32, whether or not there are changes from any other subheading, complying with a regional value content of not less than:

  • 40 percent when using the transaction value method, or
  • 30 percent when using cost method

Chapter 30 Pharmaceuticals

3001.20-3003.90 A change to subheading 3001.20 through 3003.90 from any other subheading, including another subheading within that group.

30.04 A change to heading 30.04 from any other heading, except from heading 30.03; or

No change in tariff classification is required to heading 30.04, complying with a regional content value of not less than:

  • 60 percent when using the transaction value method, or
  • 50 percent when using the net cost method. 3005.10-3005.90 A change to subheading 3005.10 through 3005.90 from any other heading; or

No change in tariff classification required to subheading 3005.10 to 3005.90, complying with a regional value content of not less than:

  • 60 percent when using the transaction value method, or
  • 50 percent when using the cost method

3006.10-3006.50 A change to subheading 3006.10 through 3006.50 from any other subheading, including another subheading within that group.

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

No change in tariff classification is required to subheading 3006.60, complying with a regional value content of not less than:

  • 60 percent when using the transaction value method, or
  • 50 percent when using the cost method

3006.70 A change to subheading 3006.70 from any other chapter; except from Chapter 28 to 38; or

A change in tariff classification to subheading 3006.70 is not required, complying with a regional value content of not less than:

  • 60 percent when using the transaction value method, or
  • 50 percent when using the cost method

3006.91-3006.92 A change to subheading 3006.91 through 3006.92 from any other subheading, including another subheading within that group.

Chapter 31 Fertilizers

3101.00-3105.90 A change to subheading 3101.00 through 3105.90 from any other good within these subheadings or from any other subheading, including another subheading within that group.

Chapter 32 Tanning or dyeing extracts; Tannins and their derivatives; Pigments and other coloring materials; Paints and varnishes; Putties and other putties; Inks

Note:     Pigments or coloring matters classified in heading 32.06 or 32.12 will not be taken into account for the determination of the origin of products classified in heading 32.07 to 32.15, with the exception of pigments or materials based on titanium dioxide.

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

  • A change to heading 32.03 from any other.

3204.11-3204.90 A change to subheading 3204.11 through 3204.90 from any other subheading, including another subheading within that group.

3205.00 A change to subheading 3205.00 from any other subheading; or

No change in tariff classification required to subheading 3205.00 complying with a regional value content of not less than:

  • 40 percent when using the transaction value method, or
  • 30 percent when using cost method

3206.11-3206.42 A change to subheading 3206.11 through 3206.42 from any other subheading, including another subheading within that group.

3206.49 A change to cadmium compound-based pigments or preparations of subheading 3206.49 from any other good of subheading 3206.49 or from any other subheading;

A change to pigments and preparations based on hexacyanoferrates (ferrocyanides or ferricyanides) of subheading 3206.49 from any other good of subheading 3206.49 or from any other subheading; or

A change to any other good of subheading 3206.49 from any other subheading.

3206.50 A change to subheading 3206.50 from any other subheading. 32.07-32.15 A change to heading 32.07 through 32.15 from any other chapter.

Chapter 33 Essential oils and resinoids; Perfumery, toilet or cosmetic preparations 

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

No change in tariff classification is required to subheading 3301.12 to 3301.13, complying with a regional value content of not less than:

  • 60 percent when using the transaction value method, or
  • 50 percent when using the cost method

3301.19 A change to essential oils of bergamot or lime of subheading 3301.19 from any other good of subheading 3301.19 or any other subheading;

A change from any other good of subheading 3301.19 from any other chapter; or

No change in tariff classification is required to subheading 3301.19, complying with a regional value content of not less than:

  • 60 percent when using the transaction value method, or
  • 50 percent when using the cost method

3301.24-3301.25 A change to subheading 3301.24 through 3301.25 from any other subheading, including another subheading within that group.

3301.29 A change to essential oils of geranium, jasmine, lavender (lavender), bleach or tuberose (“vetiver”) of subheading 3301.29 from any other good of subheading 3301.29 or any other subheading;

A change to any other good of subheading 3301.29 from any other chapter; or

No change in tariff classification to subheading 3301.29 is required, whether or not there are changes from any other chapter, complying with a regional content value of not less than:

  • 60 percent when using the transaction value method; or
  • 50 percent when using the cost method

3301.30-3301.90 A change to subheading 3301.30 through 3301.90 from any other chapter; or

No change in tariff classification is required to subheading 3301.30 to 3301.90, complying with a regional value content of not less than:

  • 60 percent when using the transaction value method; or
  • 50 percent when using the net cost method. 33.02-33.03 A change to heading 33.02 through 33.03 from any other.

3304.10-3305.90 A change to subheading 3304.10 through 3305.90 from any other subheading, including another subheading within that group.

33.06-33.07 A change to heading 33.06 through 33.07 from any other heading.

Chapter 34 Soap, Organic Surface Agents, Washing Preparations, Preparative Lubricants, Artificial Waxes, Prepared Waxes, Cleaning or Restoration Products, Candles and Similar Items, Modeling Pastes, «Dental Waxes» and Gypsum Base Dental Preparations Fragurable

  • A change to heading 34.01 from any other.

3402.11-3404.90 A change to subheading 3402. 11 through 3404.90 from any other subheading, including another subheading within that group; or

No change in tariff classification is required to subheading 3402.11 to 3404.90, complying with a regional value content of not less than:

  • 60 percent when using the transaction value method; or
  • 50 percent when using the cost method

34.05-34.07 A change to heading 34.05 through 34.07 from any other heading, including another heading within that group.

Chapter 35 Albinoid Matters; Modified starch or starch products; Queues; Enzymes

  • A change to heading 35.01 from any other heading; or

No change in tariff classification is required to heading 35.01, complying with a regional content value not less than:

  • 65 percent when using the transaction value method; or
  • 50 percent when using the cost method

3502.11-3502.19 A change to subheading 3502.11 through 3502.19 from any other heading. 3502.20-3502.90 A change to subheading 3502.20 through 3502.90 from any other heading; or

No change in tariff classification is required to subheading 3502.20 to 3502.90, complying with a regional value content of not less than:

  • 65 percent when using the transaction value method; or
  • 50 percent when using the cost method

3503.00-3507.90 A change to subheading 3503.00 through 3507.90 from any other subheading, including another subheading within that group; or

No change in tariff classification is required to subheading 3503.00 to 3507.90, complying with a regional value content of not less than:

  • 40 percent when using the transaction value method; or
  • 30 percent when using cost method

Chapter 36 Gunpowder and Explosives; Pyrotechnic articles; Matches (matches); Pyrophoric alloys; Certain flammable preparations

36.01-36.06 A change to heading 36.01 through 36.06 from any other heading, including another heading within that group.

Chapter 37 Photographic or cinematographic goods

37.01-37.03 A change to heading 37.01 through 37.03 from any other heading outside that group. 37.04-37.07 A change to heading 37.04 through 37.07 from any other heading, including another heading.

within that group.

Chapter 38 Miscellaneous products of the chemical industry

3801.10-3807.00 A change to subheading 3801.10 through 3807.00 from any other subheading, including another subheading within that group; or

No change in tariff classification is required to subheading 3801.10 to 3807.00, complying with a regional value content of not less than:

  • 40 percent when using the transaction value method; or
  • 30 percent when using cost method

3808.50-3808.99 A change to subheading 3808.50 through 3808.99 from any other subheading, including another subheading within that group, provided that no less than 50 percent by weight of the total active ingredients is obtained.

3809.10-3821.00 A change to subheading 3809.10 through 3821.00 from any other subheading, including another subheading within that group; or

A change in tariff classification to subheading 3809.10 to 3821.00 is not required, complying with a regional value content of not less than:

  • 40 percent when using the transaction value method; or
  • 30 percent when using cost method

38.22 A change to heading 38.22 from any other heading.

3823.11-3826.00 A change to subheading 3823.11 through 3826.00 from any other subheading, including another subheading within that group; or

No change in tariff classification is required to subheading 3823.11 to 3826.00, complying with a regional value content of not less than:

  • 40 percent when using the transaction value method; or
  • 30 percent when using cost method

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  • NOTICIAS.AM GOOD MORNING WORLD! ® with address in Mexico is responsible for collecting your Personal Data, the use that is given to them and their protection. In accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties (hereinafter referred to as the “Law”) and its Regulations, we allow ourselves to ask you to carefully read the Terms and Conditions contained in this Privacy Notice ( the “Notice”), since this Notice contains the terms and conditions applicable to the Personal Data that are collected by NOTICIAS.AM ¡BUENOS DÍAS MUNDO! ® in case you give your consent. Your personal information will be used to provide the services and products you have requested, inform you about changes in them and evaluate the quality of the service we provide you.As a normal part of its activities, and in accordance with its lawful corporate purpose, in some cases it collects and stores information considered as Personal Data, in terms of the Law and therefore, said Company is a subject regulated by it. The Personal Data that you provide to the Responsible Party, or those that are generated by visiting the NOTICIAS.AM site. GOOD MORNING WORLD! ®, will vary in each specific case depending on their activities on the site, and will be the following:or those generated through visits to the NOTICIAS.AM site. GOOD MORNING WORLD! ®, will vary in each specific case depending on their activities on the site, and will be the following:or those generated through visits to the NOTICIAS.AM site. GOOD MORNING WORLD! ®, will vary in each specific case depending on their activities on the site, and will be the following: 

In case of entering comments through the contact form: when using this functionality, only the following Personal Data will be collected and stored: a) General Data: Full name (the one you provide), your email and any other that you enter on the comments. In all cases, the accuracy and veracity of the Personal Data collected will be yours, since it is you who has access to your profiles on Social Networks and who enters your nickname. B. In all cases, when entering the NOTICIAS.AM Site, GOOD MORNING WORLD! ®, data will be collected through Cookies and Web Beacons. These elements collect the IP address, your type of browser and operating system, the Internet pages you visit, habits and patterns of browsing and consumption,the links you follow and the site you visited before entering ours. Of all the Personal Data mentioned above, a user profile is created, which is used for the purposes described below. Sensitive Personal Data. NOTICIAS.AM GOOD MORNING WORLD! ® does not collect Sensitive Personal Data. Your Personal Data will be used and processed for the purposes that are specifically described below: A. Primary purposes. a) If you fill out the contact form, to contact you, resolve your doubts and propose a proposal or possible business relationship, based on your needs or those of the company you represent. B. Secondary purposes. a) To identify you, locate you, communicate, contact you, send you information, as well as its statistical and scientific use (metric analysis);b) To develop, by itself or through its affiliates or any third party, studies on the interests, behaviors and demographics of the Holders, in order to better understand their needs and interests, and offer better news services; c) To improve our business strategies and initiatives; d) To analyze the Internet pages visited, the searches carried out by the Holders, as well as to improve our offer of content and articles, including their personalization, presentation, programming and services; e) To send information via email regarding News or relevant events. NOTICIAS.AM GOOD MORNING WORLD! ® will not transfer your Personal Data without your consent, although it may use it for purposes that depend on third parties, such as statistics and sending newsletters,without any transfer of said Data. If you do not consent to your Personal Data being transferred under the terms indicated in this privacy notice, you can request it in your support account. The timing of the handling of Personal Data will be indefinite from the date you provided them to the Responsible, and of course you may object at any time you consider appropriate, for the purpose of blocking and canceling them. Once you provide the Responsible with your Personal Data by any means, we declare that these will be kept in a CRM system of the file of the site itself, whose access will be limited only to the Responsible. Your Personal Data will be treated at all times in a lawful manner and observing the principles of Legality, Consent, Information, Quality,Purpose, Loyalty, Proportionality and Responsibility, in compliance with the provisions of the Law. Any questions about this Notice, about your Personal Data and its treatment, or about how to exercise the rights described below. You will have access at all times to your Personal Data and / or Sensitive Data, either to request its rectification, cancellation, opposition or revoke your consent, in accordance with the provisions of the Law (the «ARCO Rights»), in the form written or electronic, through the procedure that you will find here. You should direct your request carefully to NOTICIAS.AM GOOD MORNING WORLD! ® or to the email addresson your Personal Data and its treatment, or on how to exercise the rights described below. You will have access at all times to your Personal Data and / or Sensitive Data, either to request its rectification, cancellation, opposition or revoke your consent, in accordance with the provisions of the Law (the «ARCO Rights»), in the form written or electronic, through the procedure that you will find here. You should direct your request carefully to NOTICIAS.AM GOOD MORNING WORLD! ® or to the email addresson your Personal Data and its treatment, or on how to exercise the rights described below. You will have access at all times to your Personal Data and / or Sensitive Data, either to request its rectification, cancellation, opposition or revoke your consent, in accordance with the provisions of the Law (the «ARCO Rights»), in the form written or electronic, through the procedure that you will find here. You should direct your request carefully to NOTICIAS.AM GOOD MORNING WORLD! ® or to the email addressin written or electronic form, through the procedure that you will find here. You should direct your request carefully to NOTICIAS.AM GOOD MORNING WORLD! ® or to the email addressin written or electronic form, through the procedure that you will find here. You should direct your request carefully to NOTICIAS.AM GOOD MORNING WORLD! ® or to the email address  Contact@noticias.am . The following must be attached to said request: a. Photograph or scan of your official identification with photograph and autograph signature or, if you are acting on behalf of someone, also attach a copy of the power of attorney and / or registered with the corresponding Public Registry and, where appropriate, the articles of incorporation. b. Scan or photograph of proof of address. In the writing you must: i) Indicate your name or business name and provide a physical address for the dispatch of the response, communications, documentation and responses; ii) Let us know the Personal Data that you want to access, or want to be rectified, canceled, revised, as well as to oppose the treatment or revoke your consent;iii) State whether they know or remember the purpose for which they were contributed and the name of the Responsible to whom they were delivered; and iv) Establish in a clear, respectful and concise manner your request, as well as express any other information or document that facilitates the location of your Personal Data. The Responsible Party will have a period of twenty days, counted from the receipt of the request, to resolve it or request further information. In the event that your request is appropriate, because you proved your personality and your Personal Data could be found in our database, it will be executed within a period of no more than fifteen days. The Responsible Party will keep you informed of the process at all times that you request it. The response and access to your Data, as well as the supporting documents, may be delivered to you,previous proof of identity and / or personality, through copies certified by the company and its legal representative, electronic documents or simple copies. Whenever the request is made through electronic means, preference will be given to said means for sending responses and resolutions. In the event that the Responsible Party requires to use your Personal Data for purposes other than those indicated in this Privacy Notice, it will contact you either in writing, by telephone, electronically, or by any optical, sound, visual or other means that technology allows now or in the future and will explain the new uses that it intends to give said information in order to obtain your consent.electronic documents or simple copies. Whenever the request is made through electronic means, preference will be given to said means for sending responses and resolutions. In the event that the Responsible Party requires to use your Personal Data for purposes other than those indicated in this Privacy Notice, it will contact you either in writing, by telephone, electronically, or by any optical, sound, visual or other means that technology allows now or in the future and will explain the new uses that it intends to give said information in order to obtain your consent.electronic documents or simple copies. Whenever the request is made through electronic means, preference will be given to said means for sending responses and resolutions. In the event that the Responsible Party requires to use your Personal Data for purposes other than those indicated in this Privacy Notice, it will contact you either in writing, by telephone, electronically, or by any optical, sound, visual or other means that technology allows now or in the future and will explain the new uses that it intends to give said information in order to obtain your consent.In the event that the Responsible Party requires to use your Personal Data for purposes other than those indicated in this Privacy Notice, it will contact you either in writing, by telephone, electronically, or by any optical, sound, visual or other means that technology allows now or in the future and will explain the new uses that it intends to give said information in order to obtain your consent.In the event that the Responsible Party requires to use your Personal Data for purposes other than those indicated in this Privacy Notice, it will contact you either in writing, by telephone, electronically, or by any optical, sound, visual or other means that technology allows now or in the future and will explain the new uses that it intends to give said information in order to obtain your consent. https://espanol.images.search.yahoo.com/search/images;_ylt=AwrJ7B2ZOJNfRMIA28sFEQx.;_ylu=c2VjA3NlYXJjaARzbGsDYnV0dG9u;_ylc=X1MDMjExNDcyMDAwNQRfcgMyBGFjdG4DY2xrBGNzcmNwdmlkA09SQl9tekV3TGpLNW5FN0RYNUlFS3dTa01qZ3dOZ0FBQUFBcWFOb1AEZnIDeWZwLXQtcwRmcjIDc2EtZ3AEZ3ByaWQDBG5fc3VnZwMwBG9yaWdpbgNlc3Bhbm9sLmltYWdlcy5zZWFyY2gueWFob28uY29tBHBvcwMwBHBxc3RyAwRwcXN0cmwDBHFzdHJsAzI0BHF1ZXJ5A211amVyZXMlMjBwbGF5YSUyMG1leGljbwR0X3N0bXADMTYwMzQ4MzgxMw-?p=mujeres+playa+mexico&fr=yfp-ts&fr2=sb-top-espanol. images.search & ei = UTF-8 & n = 60 & x = wrt & IMGL = fmsuc & guccounter = 1 & guce_referrer = aHR0cHM6Ly93d3cubm90aWNpYXMuYW0v & guce_referrer_sig = AQAAAB_7yp37gpQlTQNryHEg0HlBMwUZ9t8VKRS8jSjT-3uL3TEGCymJAXXaOyZzUb0kQi0JEZluH00wHNx_2FHynrVM4PZ2TrGvenDjma1qJU15MwcSgveU2TnnWX_4T6XIpEgpPRyx_HlxJ78H-P0SVn-cxLx2Mo__BYkUnWFKWVdO # 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