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Canada-Israel Free Trade Agreement

CHAPTER THREE
RULES OF ORIGIN

Article 3.1: General Requirements

1. For the purposes of this Agreement, a good originates in a Party if, in the territory of one or both of the Parties, it:

2. Except as provided in Articles 3.2.2 and 3.2.3, the conditions for acquiring originating status set out in this Chapter must be fulfilled without interruption in the territory of one or both of the Parties.

Article 3.2: Cumulation

1. For the purposes of determining the originating status of a good:

2. Subject to paragraph 3, if each Party has a free trade agreement that establishes or leads to the establishment of a free trade area with the same non-Party, the territory of that non-Party shall be deemed to form part of the territory of the free trade area established by this Agreement for the purposes of determining whether a good is originating under this Agreement.

3. A Party shall give effect to paragraph 2 upon agreement by the Parties on the applicable conditions.

Article 3.3: Wholly Obtained or Produced Goods

For the purposes of Article 3.1, the following goods shall be considered as wholly obtained or produced entirely in the territory of one or both of the Parties:

Article 3.4: Sufficient Production

1. Subject to Article 3.6, for the purposes of Article 3.1, a good that is not wholly obtained or produced exclusively from originating materials is considered to have undergone sufficient production when the conditions set out in Annex 3.4 are fulfilled.

2. Except for a good of Chapters 61 through 63 of the Harmonized System, a good that does not satisfy the requirements of Annex 3.4 because both the good and the non-originating materials provided for as parts under the Harmonized System that are used in its production are classified in the same subheading, or heading that is not further subdivided into subheadings, is considered to have undergone sufficient production, provided that:

3. If a non-originating material undergoes sufficient production, the resulting good is considered as originating and no account shall be taken of the non-originating material contained therein when that good is used in the subsequent production of another good.

Article 3.5: De Minimis Rule for Originating Goods

1. Notwithstanding Article 3.4.1, and except as provided in paragraph 2, a good originates in the territory of a Party if the value of the non-originating materials used in its production that do not undergo an applicable change in tariff classification, as set out in the rule for the good in Annex 3.4, is not more than 10 percent of the transaction value of the good, provided that the good satisfies all other applicable requirements of this Chapter.

2. Paragraph 1 does not apply to a non-originating material provided for in Chapters 50 through 63 of the Harmonized System that is used in the production of a good provided for in Chapters 50 through 63 of the Harmonized System.

Article 3.6: Minor Processing Operations

The following operations are considered minor processing and are insufficient to confer the status of an originating good, whether or not the requirements of Article 3.4 are satisfied:

Article 3.7: Fungible Goods and Materials

1. For purposes of determining whether a good is an originating good:

2. The inventory management method must be able to ensure that the number of goods that are considered as originating is the same as that which would have been the case if the fungible materials or fungible goods had been physically segregated.

Article 3.8: Neutral Elements

In order to determine whether a good is originating, it shall not be necessary to determine the origin of the following:

Article 3.9: Unit of Qualification

For the purposes of this Chapter:

Article 3.10: Accessories, Spare Parts and Tools, Packaging and Packing Materials and Containers

For the purposes of determining whether a good is an originating good, the following materials shall be deemed to be originating materials without regard to where the materials are produced:

Article 3.11: Returned Originating Goods

1. If an originating good exported from Israel or from Canada to a non-Party is returned to the exporting Party, it shall be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

2. The Parties shall, no later than five years after the date of entry into force of this Agreement, explore whether and under what conditions an originating good that undergoes further production in the territory of a non-Party and is returned to the territory of a Party may retain its originating status.

Article 3.12: Direct Shipment and Shipment Through a Non-Party

1. Except as provided in paragraph 2, an originating good that is exported from the territory of a Party shall maintain its originating status only if:

2. Subject to Article 5.12.5 (Working Group on Rules of Origin and Other Customs-Related Market Access Issues), the Parties may decide to identify an originating good that, if shipped through the territory of a non-Party specified in Annex 3.12, may undergo more than minor processing in the territory of that non-Party if the good meets conditions determined by the Partiesregarding the production of that good in the territory of that non-Party.

Article 3.13: Non-Party Materials for Originating Goods

If each Party has entered separately into a free trade agreement under Article XXIV of the GATT 1994 with the same non-PartyFootnote 1 before 1 January 1997, a good which, if imported into the territory of one of the Parties under such free trade agreement with that non-Party, would qualify for tariff preferences under the agreement, is considered to be an originating good under this Chapter when imported into the territory of the other Party and used as a material in the production of another good in the territory of that other Party.

Article 3.14: Definitions

For the purposes of this Chapter:

alteration means a modification, other than a repair, that does not include an operation or process that either destroys the essential characteristics of a good or creates a new or commercially different good;

aquaculture means the farming of aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, from originating or non-originating seedstock such as eggs, fry, fingerlings and larvae, by intervening in the rearing or growth processes to enhance production;

fungible goods or materials means goods or materials that are interchangeable for commercial purposes with other goods or materials, as the case may be, and the properties of which are essentially identical;

Generally Accepted Accounting Principles means the principles used in the territory of each Party with regard to the recording of income, costs, expenses, assets and liabilities involved in the disclosure of information and preparation of financial statements; these principles may be broad guidelines of general application, as well as those standards, practices and procedures usually employed in accounting;

good means the result of production, including any material used in the production of another good;

material means any ingredient, raw material, component, part, or other good that is used in the production of a good;

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

producer means a person who carries out any kind of manufacturing or processing, including such operations as growing, mining, raising, harvesting, fishing, trapping, hunting, assembling or disassembling a good;

production means any kind of manufacturing or processing, including such operations as growing, mining, raising, harvesting, fishing, trapping, hunting, assembling or disassembling a good;

recovered material means a material that is the result of the disassembly of a used good fit only for such recovery;

remanufactured good means a good that:

repair means the adjustment of a machine, instrument, electrical device or other article, including replacing or refitting parts to restore the article to its original operating condition;

transaction value of the good means the price paid or payable to the producer of the good at the place where the last production was carried out, and shall include the value of all materials, whether such materials are sourced directly or indirectly. If there is no price paid or payable or if the price paid or payable does not include the value of all materials, the transaction value of the good:

Any internal taxes which are, or may be, repaid when the good obtained is exported shall be excluded. If the transaction value of the good includes costs incurred subsequent to the good leaving the place of production, such as costs for transportation, loading, unloading, handling or insurance, those costs shall  be excluded; and

value of non-originating material means the customs value of the material at the time of its importation into the territory of a Party, as determined in accordance with the Customs Valuation Agreement. The value of the non-originating material shall include any costs incurred in transporting the material to the place of importation, such as transportation, loading, unloading, handling or insurance. If the customs value is not known or cannot be ascertained, the value of the non-originating material shall be the first ascertainable price paid for the material in Canada or in Israel.

ANNEX 3.4
PRODUCT SPECIFIC RULES OF ORIGIN

Section A – General Interpretative Notes

1. For the purposes of interpreting the rules of origin set out in this Annex:

2. A product specific rule of origin set out in this Annex represents the minimum amount of production required to be carried out on non-originating materials for the resulting good to achieve originating status. A greater amount of production than that required by the rule of origin for that good shall also confer originating status.

3. The product specific rules of origin set out in this Annex also apply to used goods.

4. For the purposes of this Annex:

chapter means a chapter of the Harmonized System;

heading means any four-digit number, or the first four digits of any number, used in the Harmonized System;

section means a section of the Harmonized System;

subheading means any six-digit number, or the first six digits of any number, used in the Harmonized System; and

tariff provision means a chapter, heading or subheading of the Harmonized System.

Section B – Product Specific Rules of Origin

HS2012

 

Section I

Live Animals; Animal Products

Chapter 1

Live animals

01.01 – 01.06

A change from any other chapter.

Chapter 2

Meat and edible meat offal

02.01 – 02.10

A change from any other chapter.

Chapter 3

Fish and crustaceans, molluscs and other aquatic invertebrates

03.01 – 03.08

A change from any other subheading.

Chapter 4

Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included

04.01 – 04.06

A change from any other chapter, except from dairy preparations of subheading 1901.90, containing more than 50 percent by weight of milk solids.

04.07 – 04.10

A change from any other chapter.

Chapter 5

Products of animal origin, not elsewhere specified or included

05.01 – 05.11

A change from any other subheading.

Section II

Vegetable Products

Note:

Agricultural and horticultural goods grown in the territory of a Party shall be treated as originating in the territory of that Party even if grown from seed, bulbs, rootstock, cuttings, slips, grafts, shoots, buds or other live parts of plants imported from a non-Party.

Chapter 6

Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage

06.01 – 06.04

A change from any other subheading.

Chapter 7

Edible vegetables and certain roots and tubers 

07.01 – 07.09

A change from any other chapter.

0710.10 – 0710.80

A change from any other chapter.

0710.90

A change from any other chapter; or

A change from any other subheading, provided that the value of the non-originating materials of chapter 7 does not exceed 45 percent of the transaction value of the good.

07.11

A change from any other chapter.

0712.20 – 0712.39

A change from any other chapter.

0712.90

A change to mixtures of vegetables from any other chapter; or

A change to mixtures of vegetables from single vegetables of this subheading or any other subheading, provided that the value of the non-originating materials of chapter 7 does not exceed 45 percent of the transaction value of the good; or

A change to any other good from any other heading.

07.13 – 07.14

A change from any other chapter.

Chapter 8

Edible fruit and nuts; peel of citrus fruit or melons

08.01 – 08.12

A change from any other chapter.

0813.10 – 0813.40

A change from any other chapter.

0813.50

A change from any other chapter; or

A change from any other subheading, provided that the value of the non-originating materials of chapter 8 does not exceed 45 percent of the transaction value of the good.

08.14

A change from any other heading.

Chapter 9

Coffee, tea, maté and spices 

0901.11 – 0910.99

A change from within any one of these subheadings or any other subheading.

Chapter 10

Cereals

10.01 – 10.08

A change from any other chapter.

Chapter 11

Products of the milling industry; malt; starches; inulin; wheat gluten

11.01 – 11.09

A change from any other chapter.

Chapter 12

Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder

12.01 – 12.10

A change from any other heading.

12.11

A change from within this heading or any other heading.

12.12 – 12.14

A change from any other heading.

Chapter 13

Lac; gums, resins and other vegetable saps and extracts

13.01 – 13.02

A change from any other heading.

Chapter 14

Vegetable plaiting materials; vegetable products not elsewhere specified or included

14.01 – 14.04

A change from any other heading.

Section III

Animal or Vegetable Fats and Oils and their Cleavage Products; Prepared Edible Fats; Animal or Vegetable Waxes

Chapter 15

Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes

15.01 – 15.22

A change from any other chapter.

Section IV

Prepared Foodstuffs; Beverages, Spirits and Vinegar; Tobacco and Manufactured Tobacco Substitutes

Chapter 16

Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates

16.01 – 16.05

A change from any other chapter.

Chapter 17

Sugars and sugar confectionery

1701.12 – 1701.14

A change from any other chapter.

1701.91 – 1701.99

A change from any subheading outside this group.

1702.11 – 1702.20

A change from any other chapter.

1702.30

A change from any other heading.

1702.40

A change from any other chapter.

1702.50

A change from any other heading.

1702.60 – 1702.90

A change from any other chapter.

17.03 – 17.04

A change from any other heading.

Chapter 18

Cocoa and cocoa preparations

18.01 – 18.06

A change from any other subheading.

Chapter 19

Preparations of cereals, flour, starch or milk; pastrycooks’ products

1901.10

A change from any other heading.

1901.20

A change to mixes and doughs containing more than 25 percent by weight of butterfat, not put up for retail sale, from any other heading, except from heading 04.01 through 04.06; or

A change to any other good from any other heading.

1901.90

A change to dairy preparations containing more than 50 percent by weight of milk solids from any other heading, except from heading 04.01 through 04.06; or

A change to any other good from any other heading.

19.02 – 19.05

A change from any other heading.

Chapter 20

Preparations of vegetables, fruit, nuts or other parts of plants

20.01 – 20.08

A change from any other heading.

2009.11 – 2009.89

A change from any other heading.

2009.90

A change from any other heading; or

A change from any other subheading, provided that the value of the non-originating materials of heading 20.09 does not exceed 45 percent of the transaction value of the good.

Chapter 21

Miscellaneous edible preparations

2101.11 – 2103.90

A change from any other subheading.

21.04

A change from any other heading.

21.05

A change from any other heading, except from heading 04.01 through 04.06 or dairy preparations of subheading 1901.90 containing more than 50 percent by weight of milk solids.

21.06

A change to preparations containing more than 50 percent by weight of milk solids from any other heading, except from heading 04.01 through 04.06 or dairy preparations of subheading 1901.90 containing more than 50 percent by weight of milk solids; or

A change to any other good from any other heading.

Chapter 22

Beverages, spirits and vinegar

22.01

A change from any other heading.

2202.10

A change from any other heading.

2202.90

A change to beverages containing milk from any other heading, except from heading 04.01 through 04.06 or dairy preparations of subheading 1901.90 containing more than 50 percent by weight of milk solids; or

A change to any other good from any other subheading.

22.03 – 22.06

A change from any other heading.

22.07 – 22.08

A change from any other heading, except from heading 22.03 through 22.08.

22.09

A change from any other heading.

Chapter 23

Residues and waste from the food industries; prepared animal fodder

23.01 – 23.08

A change from any other heading.

2309.10

A change from any other subheading, except from dog or cat food of subheading 2309.90.

2309.90

A change to preparations used in animal feeding containing more than 50 percent by weight of milk solids from any other heading, except from heading 04.01 through 04.06 or dairy preparations of subheading 1901.90 containing more than 50 percent by weight of milk solids; or

A change to any other good from any other heading.

Chapter 24

Tobacco and manufactured tobacco substitutes

24.01 – 24.03

A change from any other heading.

Section V

Mineral Products

Chapter 25

Salt; sulphur; earths and stone; plastering materials, lime and cement

25.01 – 25.30

A change from any other subheading.

Chapter 26

Ores, slag and ash

26.01 – 26.21

A change from any other subheading.

Chapter 27

Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes

2701.11 – 2716.00

A change from within any one of these subheadings or any other subheading.

Section VI

Products of the Chemical or Allied Industries

Chapter 28

Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes

2801.10 – 2853.00

A change from within any one of these subheadings or any other subheading.

Chapter 29

Organic chemicals

2901.10 – 2942.00

A change from within any one of these subheadings or any other subheading.

Chapter 30

Pharmaceutical products

3001.20 – 3006.92

A change from within any one of these subheadings or any other subheading.

Chapter 31

Fertilisers

3101.10 – 3105.90

A change from within any one of these subheadings or any other subheading.

Chapter 32

Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks

3201.10 – 3215.90

A change from within any one of these subheadings or any other subheading.

Chapter 33

Essential oils and resinoids; perfumery, cosmetic or toilet preparations

33.01 – 33.07

A change from any other heading.

Chapter 34

Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, "dental waxes" and dental preparations with a basis of plaster

34.01 – 34.07

A change from any other subheading.

Chapter 35

Albuminoidal substances; modified starches; glues; enzymes

35.01

A change from any other subheading.

3502.11 – 3502.19

A change from any subheading outside this group.

3502.20 – 3502.90

A change from any other subheading.

35.03 – 35.07

A change from any other subheading.

Chapter 36

Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations

36.01 – 36.06

A change from any other heading.

Chapter 37

Photographic or cinematographic goods

37.01 – 37.07

A change from any other heading.

Chapter 38

Miscellaneous chemical products

38.01 – 38.26

A change from any other subheading.

Section VII

Plastics and Articles Thereof; Rubber and Articles Thereof

Chapter 39

Plastics and articles thereof

39.01 – 39.14

A change from any other subheading.

39.15 – 39.26

A change from any other heading.

Chapter 40

Rubber and articles thereof

40.01 – 40.17

A change from any other subheading.

Section VIII

Raw Hides and Skins, Leather, Furskins and Articles Thereof; Saddlery and Harness; Travel Goods, Handbags and Similar Containers; Article of Animal Gut (Other Than Silk – worm Gut)

Chapter 41

Raw hides and skins (other than furskins) and leather

41.01 – 41.15

A change from any other subheading.

Chapter 42

Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk – worm gut)

42.01 – 42.06

A change from any other heading.

Chapter 43

Furskins and artificial fur; manufactures thereof

43.01 – 43.04

A change from any other heading.

Section IX

Wood and Articles of Wood; Wood Charcoal; Cork and Articles of Cork; Manufactures of Straw, of Esparto or of Other Plaiting Materials; Basketware and Wickerwork

Chapter 44

Wood and articles of wood; wood charcoal

44.01 – 44.21

A change from any other heading.

Chapter 45

Cork and articles of cork

45.01 – 45.04

A change from any other subheading.

Chapter 46

Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork

46.01 – 46.02

A change from any other heading.

Section X

Pulp of Wood or of Other Fibrous Cellulosic Material; Recovered (Waste and Scrap) Paper or Paperboard; Paper and Paperboard and Articles Thereof

Chapter 47

Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard

47.01 – 47.07

A change from any other subheading.

Chapter 48

Paper and paperboard; articles of paper pulp, of paper or of paperboard

48.01 – 48.23

A change from any other heading.

Chapter 49

Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans

49.01 – 49.11

A change from any other heading.

Section XI

Textile and Textile Articles

Chapter 50

Silk

50.01 – 50.03

A change from any other chapter.

50.04 – 50.06

A change from any heading outside this group.

50.07

A change from any other heading; or

A change from greige fabric, provided that the greige fabric is dyed or printed, and fully finished in the territory of one or both of  the Parties.

Chapter 51

Wool, fine or coarse animal hair; horsehair yarn and woven fabric

51.01 – 51.05

A change from any other chapter.

51.06 – 51.10

A change from any heading outside this group.

51.11 – 51.13

A change from any other heading; or

A change from greige fabric, provided that the greige fabric is dyed or printed, and fully finished in the territory of one or both  of the Parties.

Chapter 52

Cotton

52.01 – 52.03

A change from any other chapter.

52.04 – 52.06

A change from any other heading.

52.07

A change from any other heading, except from heading 52.04 through 52.06.

52.08 – 52.12

A change from any other heading; or

A change from greige fabric, provided that the greige fabric is dyed or printed, and fully finished in the territory of one or both of the Parties.

Chapter 53

Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn

53.01 – 53.05

A change from any other chapter.

53.06 – 53.08

A change from any other heading.

53.09 – 53.11

A change from any other heading; or

A change from greige fabric, provided that the greige fabric is dyed or printed, and fully finished in the territory of one or both of the Parties.

Chapter 54

Man-made filaments; strip and the like of man-made textile materials

54.01 – 54.06

A change from any other heading.

54.07 – 54.08

A change from any other heading; or

A change from greige fabric, provided that the greige fabric is dyed or printed, and fully finished in the territory of one or both of the Parties.

Chapter 55

Man-made staple fibres

55.01 – 55.07

A change from any other chapter.

55.08 – 55.11

A change from any other heading.

55.12 – 55.16

A change from any other heading; or

A change from greige fabric, provided that the greige fabric is dyed or printed, and fully finished in the territory of one or both of the Parties.

Chapter 56

Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof

56.01 – 56.06

A change from any other heading.

56.07

A change to twine, cordage, ropes and cables, neither plaited or braided, nor covered or sheathed with rubber or plastics, from any other heading, except from yarn of heading 52.04 through 52.06, 54.01 through 54.05, or 55.09 through 55.10; or

A change to any other good from any other heading.

56.08

A change from any other heading.

56.09

A change from any other heading, except from yarn of heading 51.06 through 51.10, 52.04 through 52.06, 54.01 through 54.05, or 55.09 through 55.10.

Chapter 57

Carpets and other textile floor coverings

57.01 – 57.05

A change from any other chapter.

Chapter 58

Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery

58.01 – 58.11

A change from any other heading.

Chapter 59

Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for industrial use

59.01 – 59.11

A change from any other heading.

Chapter 60

Knitted or crocheted fabrics

60.01 – 60.06

A change from any other heading;

A change to fabric impregnated, coated, covered or laminated with rubber, plastics, or other substances, from other fabric within that heading, provided that the impregnation, coating, covering or lamination accounts for at least 20 percent of the total weight of the fabric; or

A change from greige fabric, provided that the greige fabric is dyed or printed, and fully finished in the territory of one or both of the Parties.

Chapter 61

Articles of apparel and clothing accessories, knitted or crocheted

Note:

For the purposes of this chapter:

substantial assembly means the sewing together or other assembly of:

(a) all the major garment parts of a good of this chapter; or

(b) six or more major or other garment parts of a good of this chapter.

major garment parts means integral components of the garment, but does not include such parts as collars, cuffs, waistbands, plackets, pockets, linings, paddings, accessories, or the like.

61.01 – 61.17

A change to garment parts from any other chapter, except from subheading 6307.90;

A change to any other good from any other chapter; or

A change to any other good from garment parts, whether or not there is also a change from any other chapter, provided that the change is the result of substantial assembly.

Chapter 62

Articles of apparel and clothing accessories, not knitted or crocheted

Note:

For the purposes of this chapter:

substantial assembly means the sewing together or other assembly of:

(a) all the major garment parts of a good of this chapter; or

(b) six or more major or other garment parts of a good of this chapter.

major garment parts means integral components of the garment, but does not include such parts as collars, cuffs, waistbands, plackets, pockets, linings, paddings, accessories, or the like.

62.01 – 62.17

A change to garment parts from any other chapter, except from subheading 6307.90;

A change to any other good from any other chapter; or

A change to any other good from garment parts, whether or not there is also a change from any other chapter, provided that the change is the result of substantial assembly.

Chapter 63

Other made up textile articles; sets; worn clothing and worn textile articles; rags

Note:

For the purposes of determining the origin of a good of this chapter, the rule applicable to that good shall apply only to the component that determines the tariff classification of the good and such component must satisfy the tariff change requirements set out in the rule for that good.

63.01-63.05

A change from any other chapter, except from heading 51.11 through 51.13, 52.08 through 52.12, 53.10,  53.11, 54.07,  54.08, 55.12 through 55.16, 58.01,  58.02, 59.03, or 60.01 through 60.06;

A change from heading 51.11 through 51.13, 52.08 through 52.12, 53.10,  53.11, 54.07,  54.08, 55.12 through 55.16, 58.01,  58.02, 59.03, or 60.01 through 60.06, provided that the change involves printing or dyeing, accompanied by two or more of the following operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing or moireing;

A change to electric blankets of subheading 6301.10 from any other heading;

A change to pillow covers or pillow shams of heading 63.04 from any other heading;

A change to quilted goods from any other heading, provided that the change involves both the cutting of the top and bottom fabrics, and the assembly of the quilted goods; or

 

A change to any other good of these headings from any other heading, provided that the change involves at least cutting on all sides, hemming all cut edges, and a substantial amount of either sewing or other assembly operations.

63.06

A change from any other heading, provided that the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of one or both of the Parties.

6307.10

A change from any other heading, except from fabric of heading 51.11 through 51.13, 52.08 through 52.12, 53.10,  53.11, 54.07,  54.08, 55.12 through 55.16, 58.01 through 58.03, or 60.01 through 60.06.

6307.20

A change from any other heading.

6307.90

A change from any other heading, provided that the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of one or both of the Parties.

63.08

A change from any other heading, provided that either the fabric or the yarn meets the rule of origin that would be applicable if the fabric or yarn were classified alone.

63.09

A change from any other heading; or

No change in tariff classification required, provided that the goods were last collected and packed for shipment in the territory of a Party.

63.10

A change to new rags from any other chapter, provided that the change involves more than cutting and hemming processes;

A change to goods other than new rags from any other heading; or

No change in tariff classification required, provided that the goods other than new rags were last collected and packed for shipment in the territory of a Party.

Section XII

Footwear, Headgear, Umbrellas, Sun Umbrellas, Walking-Sticks, Seat-Sticks, Whips, Riding-Crops and Parts Thereof; Prepared Feathers and Articles Made Therewith; Artificial Flowers; Articles of Human Hair

Chapter 64

Footwear, gaiters and the like; parts of such articles

64.01 – 64.06

A change from any other heading.

Chapter 65

Headgear and parts thereof

65.01 – 65.07

A change from any other heading.

Chapter 66

Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops and parts thereof

66.01 – 66.03

A change from any other heading.

Chapter 67

Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair

67.01 – 67.04

A change from any other heading.

Section XIII

Articles of Stone, Plaster, Cement, Asbestos, Mica or Similar Materials; Ceramic Products; Glass and Glassware

Chapter 68

Articles of stone, plaster, cement, asbestos, mica or similar materials

68.01 – 68.15

A change from any other heading.

Chapter 69

Ceramic products

69.01 – 69.14

A change from any other heading.

Chapter 70

Glass and glassware

70.01 – 70.20

A change from any other subheading.

Section XIV

Natural or Cultured Pearls, Precious or Semi-Precious Stones, Precious Metals, Metals Clad with Precious Metal and Articles Thereof; Imitation Jewellery; Coin

Chapter 71

Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal and articles thereof; imitation jewellery; coin

71.01 – 71.18

A change from any other subheading.

Section XV

Base Metals and Articles of Base Metal

Chapter 72

Iron and steel

72.01 – 72.07

A change from any other heading.

72.08 – 72.16

A change from any heading outside this group.

72.17 – 72.18

A change from any other heading.

72.19 – 72.20

A change from any heading outside this group.

72.21 – 72.22

A change from any heading outside this group.

72.23 – 72.24

A change from any other heading.

72.25 – 72.26

A change from any heading outside this group.

72.27 – 72.28

A change from any heading outside this group.

72.29

A change from any other heading.

Chapter 73

Articles of iron or steel

73.01 – 73.03

A change from any other heading.

73.04

A change from any other subheading.

73.05 – 73.14

A change from any other heading.

73.15

A change from any other subheading.

73.16 – 73.20

A change from any other heading.

73.21

A change from any other subheading.

73.22 – 73.23

A change from any other heading.

73.24

A change from any other subheading.

73.25-73.26

A change from any other heading.

Chapter 74

Copper and articles thereof

74.01 – 74.19

A change from any other heading.

Chapter 75

Nickel and articles thereof

75.01 – 75.08

A change from any other subheading.

Chapter 76

Aluminium and articles thereof

76.01 – 76.16

A change from any other subheading.

Chapter 78

Lead and articles thereof

7801.10 – 7806.00

A change from within any one of these subheadings or any other subheading.

Chapter 79

Zinc and articles thereof

7901.11 – 7907.00

A change from within any one of these subheadings or any other subheading.

Chapter 80

Tin and articles thereof

8001.10 – 8007.00

A change from within any one of these subheadings or any other subheading.

Chapter 81

Other base metals; cermets; articles thereof

8101.10 – 8113.00

A change from within any one of these subheadings or any other subheading.

Chapter 82

Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal

8201.10 – 8215.99

A change from any other subheading.

Chapter 83

Miscellaneous articles of base metal

83.01 – 83.11

A change from any other subheading.

Section XVI

Machinery and Mechanical Appliances; Electrical Equipment; Parts Thereof; Sound Recorders and Reproducers, Television Image and Sound Recorders and Reproducers, and Parts and Accessories of Such Articles

Chapter 84

Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof

84.01 – 84.05

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8406.10 – 8406.82

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8406.90

A change from within this subheading or any other subheading.

84.07 – 84.08

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8409.10 – 8409.99

A change from within any one of these subheadings or any other subheading.

8410.11 – 8410.13

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8410.90

A change from within this subheading or any other subheading.

84.11 – 84.14

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8415.10 – 8415.83

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8415.90

A change from within this subheading or any other subheading.

84.16 – 84.17

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8418.10 – 8418.91

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8418.99

A change from within this subheading or any other subheading.

84.19 – 84.20

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8421.11 – 8421.39

 A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8421.91

A change from within this subheading or any other subheading.

8421.99

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8422.11 – 8422.40

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8422.90

A change from within this subheading or any other subheading.

84.23 – 84.49

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8450.11 – 8450.20

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8450.90

A change from within this subheading or any other subheading.

8451.10 – 8451.80

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8451.90

A change from within this subheading or any other subheading.

84.52 – 84.70

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8471.30 – 8471.70

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8471.80

A change from within this subheading or any other subheading.

8471.90

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

84.72

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8473.10 – 8473.50

A change from within any one of these subheadings or any other subheading.

84.74 – 84.87

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

Chapter 85

Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles

Note:

Notwithstanding Article 3.12 (Direct Shipment and Shipment Through a Non-Party), a good provided for in any of subheadings 8541.10 through 8541.60 and 8542.31 through 8542.39 qualifying under the rules below applicable to those subheadings as an originating good may undergo further production outside the territory of both Parties and, when imported into the territory of a Party, will be considered as originating in the territory of that Party, provided that such further production did not result in a change to a subheading outside the group of subheadings 8541.10 through 8541.60 and 8542.31 through 8542.39.

85.01 – 85.03

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8504.10 – 8504.34

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8504.40 – 8504.90

A change from within any one of these subheadings or any other subheading.

85.05 – 85.15

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8516.10 – 8516.50

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8516.60

A change from within this subheading or any other subheading.

8516.71 – 8516.80

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8516.90

A change from within this subheading or any other subheading.

8517.11 – 8517.69

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8517.70

A change from within this subheading or any other subheading.

8518.10 – 8518.29

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8518.30

A change from within this subheading or any other subheading.

8518.40 – 8518.90

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

85.19 – 85.24

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8525.50 – 8525.60

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8525.80

A change from within this subheading or any other subheading.

85.26 – 85.27

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8528.41 – 8528.73

A change from within any one of these subheadings or any other subheading.

8529.10

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8529.90

A change from within this subheading or any other subheading.

85.30 – 85.39

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8540.11 – 8540.89

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

8540.91 – 8540.99

A change from within any one of these subheadings or any other subheading.

85.41 – 85.48

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

Section XVII

Vehicles, Aircraft, Vessels and Associated Transport Equipment

Chapter 86

Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds

86.01 – 86.06

A change from any other heading.

86.07 – 86.09

A change from any other subheading.

Chapter 87

Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof

87.01 – 87.02

A change from any other heading.

87.03 – 87.04

A change from any other heading, except from heading 87.06.

87.05 – 87.07

A change from any other heading.

87.08 – 87.09

A change from any other subheading.

87.10 – 87.15

A change from any other heading.

87.16

A change from any other subheading.

Chapter 88

Aircraft, spacecraft, and parts thereof

88.01 – 88.05

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 65 percent of the transaction value of the good.

Chapter 89

Ships, boats and floating structures

89.01 – 89.08

A change from any other heading.

Section XVIII

Optical, Photographic, Cinematographic, Measuring, Checking, Precision, Medical or Surgical Instruments and Apparatus; Clocks and Watches; Musical Instruments; Parts and Accessories Thereof

Chapter 90

Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof

90.01 – 90.33

A change from any other subheading; or

No change in tariff classification required, provided that the value of the non-originating materials classified in the same subheading as the final good does not exceed 50 percent of the transaction value of the good.

Chapter 91

Clocks and watches and parts thereof

91.01 – 91.14

A change from any other subheading.

Chapter 92

Musical instruments; parts and accessories of such articles

92.01 – 92.09

A change from any other subheading.

Section XIX

Arms and Ammunitions; Parts and Accessories Thereof

Chapter 93

Arms and ammunition; parts and accessories thereof

93.01 – 93.07

A change from any other heading.

Section XX

Miscellaneous Manufactured Articles

Chapter 94

Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings

94.01 – 94.06

A change from any other subheading.

Chapter 95

Toys, games and sports requisites; parts and accessories thereof

9503.00 – 9508.90

A change from within any one of these subheadings or any other subheading.

Chapter 96

Miscellaneous manufactured articles

96.01 – 96.13

A change from any other subheading.

96.14

A change to pipes and pipe bowls from roughly shaped blocks of wood or root or any other subheading; or

A change to any other good from any other subheading.

96.15 – 96.19

A change from any other subheading.

Section XXI

Works of Art, Collectors’ Pieces and Antiques

Chapter 97

Works of art, collectors' pieces and antiques

97.01 – 97.06

A change from any other subheading.

ANNEX 3.12
SPECIFIED NON-PARTIES UNDER PARAGRAPHS 1(C)
AND 2 OF ARTICLE 3.12

1. Paragraphs 1(c) and 2 of Article 3.12 shall only apply to the following non-Parties with which each Party has entered separately into a free trade agreement:

2. Upon agreement by the Parties, the list of non-Parties in paragraph 1 may be revised to include other non-Parties with which each Party has entered separately into a free trade agreement.

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