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1993-08-23
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Chapter Four
Rules of Origin
Article 401: Originating Goods
Except as otherwise provided in this Chapter, a good shall
originate in the territory of a Party provided that:
(a) the good is wholly obtained or produced in the
territory of one or more of the Parties as defined in
Article 415;
(b) each of the non-originating materials used in the
production of the good undergoes an applicable change
in tariff classification described in Annex 401.1 as a
result of production occurring entirely in the
territory of one or more of the Parties, and the good
satisfies all other applicable requirements of this
Chapter;
(c) the good is produced entirely in the territory of one
or more of the Parties exclusively from originating
materials; or
(d) with the exception of a good provided for in Chapters
61 through 63 of the Harmonized System, the good is
produced entirely in the territory of one or more of
the Parties but one or more of the non-originating
parts used in the production of the good does not
undergo a change in tariff classification because
(i) the good was imported into the territory of a
Party in an unassembled or a disassembled form but
was classified as an assembled good pursuant to
General Rule of Interpretation 2(a) of the
Harmonized System, or
(ii) the tariff heading for the good provides for both
the good itself and its parts and is not further
subdivided into subheadings, or the tariff
subheading for the good provides for both the good
itself and its parts,
provided that the good is the good specifically
described by the nomenclature of the heading or
subheading and that the regional value content of the
good, determined in accordance with Article 402, is not
less than 60 percent where the transaction value method
is used, or 50 percent where the net cost method is
used, and that the good satisfies all other applicable
requirements of this Chapter.
Article 402: Regional Value Content
1. Except as provided in paragraph 5, each Party shall provide
that the regional value content of a good shall be calculated, at
the choice of the exporter or producer of the good, on the basis
of either the transaction value method described in paragraph 2
or the net cost method described in paragraph 3.
2. The regional value content of a good, where calculated on
the basis of the transaction value method, shall be determined as
follows:
TV - VNM
RVC = --------- x 100
TV
where:
RVC is the regional value content, expressed as a
percentage;
TV is the transaction value of the good;
and
VNM is the value of non-originating materials
used by the producer in the production of the
good.
3. The regional value content of a good, where calculated on
the basis of the net cost method, shall be determined as follows:
NC - VNM
RVC = --------- x 100
NC
where:
RVC is the regional value content, expressed as a
percentage;
NC is the net cost of the good; and
VNM is the value of non-originating materials
used by the producer in the production of the
good.
4. For purposes of paragraphs 2 and 3, and except as provided
in Articles 403(1) and 403(2)(a)(i), the value of non-originating
materials used by the producer in the production of the good
shall not include the value of non-originating materials used to
produce originating materials that are subsequently used in the
production of the good.
5. The regional value content of a good shall be calculated
solely on the basis of the net cost method described in paragraph
3, where:
(a) there is no transaction value for the good;
(b) the transaction value of the good is unacceptable under
Article 1 of the Customs Valuation Code;
(c) the good is sold by the producer to a related person
and the volume, by units of quantity, of sales of
identical or similar goods to related persons, during
the six-month period immediately preceding the month in
which the good is sold, exceeds 85 percent of the
producer's total sales with respect to such goods;
(d) the good is
(i) identified in Article 403(1) or 403(2),
(ii) provided for in headings 64.01 through 64.05, or
(iii) provided for in tariff item 8469.10.a1 (word
processing machines);
(e) the exporter or producer chooses to accumulate the
regional value content of the good in accordance with
Article 404; or
(f) the good has been designated as an intermediate
material under paragraph 10 and is subject to a
regional value-content requirement.
6. If an exporter or producer calculates the regional value
content of a good using the transaction value method described in
paragraph 2 and a Party subsequently notifies the exporter or
producer during the course of a verification pursuant to Chapter
Five (Customs Procedures) that the transaction value of the good,
or the value of any material used in the production of the good,
or both, is required to be adjusted or is unacceptable under
Article 1 of the Customs Valuation Code, the exporter or producer
of the good may then calculate the regional value content of the
good using the net cost method described in paragraph 3.
7. Nothing in paragraph 6 shall be construed to preclude a
review and appeal, pursuant to Chapter Five (Customs Procedures),
of an adjustment or rejection of a transaction value for a good
or the value of any material used in the production of the good,
or both.
8. For purposes of calculating the net cost of a good pursuant
to paragraph 3, the producer of the good may use any one of the
following methods:
(a) calculate the total cost incurred with respect to all
goods produced by that producer minus any sales
promotion, marketing and after-sales service costs,
royalties, shipping and packing costs, and non-
allowable interest costs that are included in the total
cost of all goods and then reasonably allocate the
resulting net cost of those goods to the good;
(b) reasonably allocate the total cost incurred with
respect to all goods produced by that producer to the
good minus any sales promotion, marketing and after-
sales service costs, royalties, shipping and packing
costs and non-allowable interest costs that are
included in the portion of the total cost allocated to
the good; or
(c) reasonably allocate the individual costs that are part
of the total cost incurred with respect to the good so
that the aggregate of these costs does not include any
sales promotion, marketing and after-sales service
costs, royalties, shipping and packing costs, and non-
allowable interest costs,
provided that the allocation of all such costs are consistent
with the provisions regarding the reasonable allocation of costs
set out in the Uniform Regulations.
9. With the exception of an intermediate material described in
paragraph 10 and except as provided in Article 403(1) and
(2)(a)(i), the value of a material used in the production of a
good shall be:
(a) the price actually paid or payable by the producer for
the material, provided that the price is acceptable
under Article 1 of the Customs Valuation Code; or
(b) if the price actually paid or payable is unacceptable
under Article 1 of the Customs Valuation Code, the
value shall be determined in accordance with the other
Articles of the Customs Valuation Code; and
(c) when not included under subparagraph (a) or (b)
(i) freight, insurance, packing and all other costs
incurred in transporting such materials to the
location of the producer,
(ii) duties, taxes and customs brokerage fees on such
materials paid in the territory of one or more of
the Parties,
(iii) the cost of waste and spoilage resulting from
the use or consumption, or both, of such
materials, less the value of