Transcription of Annex 4.1 Specific Rules of Origin Part I – General ...
1 Annex Annex Specific Rules of Origin part I General interpretative notes 1. For purposes of interpreting the Rules of Origin set forth in this Annex : (a) the Specific rule, or Specific set of Rules , that applies to a particular heading or subheading is set out immediately adjacent to the heading or subheading; (b) the requirement of a change in tariff classification applies only to non-originating materials; (c) where a Specific rule of Origin is defined using the criterion of a change in tariff classification, and the rule is written to exclude tariff provisions at the level of a chapter, heading, or subheading, each Party shall construe the rule of Origin to require that materials classified in those excluded provisions be originating for the good to be originating; (d) when a heading or subheading is subject to alternative Specific Rules of Origin , each Party shall consider the rule to be met if a good satisfies one of the alternatives.
2 (e) when a single rule of Origin is applicable to a group of headings or subheadings and that rule of Origin specifies a change of heading or subheading, each Party shall interpret the rule such that the change of heading or subheading may occur within a single heading or subheading or between headings or subheadings of the group. When, however, a rule refers to a change in heading or subheading outside that group, each Party shall interpret the rule to require that the change in heading or subheading must occur from a heading or subheading that is outside the group of headings or subheadings set out in the rule; (f) reference to weight in the Rules for goods provided for in chapter 1 through 24 means dry weight unless otherwise specified in the Harmonized System; 2. The following definitions apply: chapter means a chapter of the Harmonized System; and section means a section of the Harmonized System.
3 Annex part II Specific Rules of Origin Section I Live Animals; Animal Products (Chapter 1-5) Chapter 1 Live Animals A change to heading through from any other chapter. Chapter 2 Meat and Edible Meat Offal A change to heading through from any other chapter. A change to heading from any other chapter, except from heading A change to heading through from any other chapter. A change to heading from any other chapter, except from heading Chapter 3 Fish and Crustaceans, Molluscs, and Other Aquatic Invertebrates Note to Chapter 3: The fish, crustaceans, molluscs, and other aquatic invertebrates shall be deemed originating even if they were cultivated from non originating fry1 or larvae. A change to heading through from any other chapter. Chapter 4 Dairy Produce; Birds Eggs; Natural Honey; Edible Products of Animal Origin , Not Elsewhere Specified or Included A change to heading through from any other chapter, except from subheading 1 Fry means immature fish at a post-larval stage, including fingerlings, parr, smolts, and elvers.
4 Annex A change to heading from any other chapter, except from subheading or A change to heading from any other chapter, except from subheading A change to heading through from any other chapter. Chapter 5 Products of Animal Origin , Not Elsewhere Specified or Included A change to heading through from any other chapter. Section II Vegetable Products (Chapter 6-14) Note to Section II 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 seeds, bulbs, rootstock, cuttings, 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 A change to heading through from any other chapter. Chapter 7 Edible Vegetables and Certain Roots and Tubers A change to heading through from any other chapter.
5 Chapter 8 Edible Fruit and Nuts; Peel of Citrus Fruit or Melons A change to heading through from any other chapter. Annex Chapter 9 Coffee, Tea, Mat , and Spices A change to heading from any other chapter. A change to subheading through from any other subheading. A change to heading from any other chapter. A change to crushed, ground, or powdered spices put up for retail sale of subheading through from spices that are not crushed, ground, or powdered of subheading through , or from any other subheading, except from subheading ; or A change to mixtures of spices or any good of subheading through other than crushed, ground, or powdered spices put up for retail sale from any other subheading, except from subheading Chapter 10 Cereals A change to heading through from any other chapter. Chapter 11 Products of the Milling Industry; Malt; Starches; Inulin; Wheat Gluten A change to heading from any other chapter.
6 A change to heading from any other chapter, except from heading A change to heading from any other chapter, except from heading A change to subheading from any other subheading. A change to subheading through from any other chapter. Annex A change to heading from any other chapter except from heading A change to heading from any other chapter, except from subheading A change to heading from any other chapter. A change to subheading through from any other chapter. A change to subheading from any other chapter, except from subheading A change to subheading through from any other chapter. A change to heading from any other chapter. Chapter 12 Oil Seeds and Oleaginous Fruits; Miscellaneous Grains, Seeds, and Fruit; Industrial or Medicinal Plants; Straw and Fodder A change to heading through from any other chapter.
7 Chapter 13 Lac; Gums, Resins and Other Vegetable Saps and Extracts A change to heading through from any other chapter. Chapter 14 Vegetable Plaiting Materials; Vegetable Products Not Elsewhere Specified or Included A change to heading through from any other chapter. Annex Section III Animal or Vegetable Fats and Oils and Their Cleavage Products; Prepared Edible Fats; Animal or Vegetable Waxes (Chapter 15) Chapter 15 Animal or Vegetable Fats and Oils and Their Cleavage Products; Prepared Edible Fats; Animal or Vegetable Waxes A change to heading through from any other chapter. A change to heading from any other heading. A change to heading through from any other chapter. Section IV Prepared Foodstuffs; Beverages, Spirits and Vinegar; Tobacco and Manufactured Tobacco Substitutes (Chapter 16-24) Chapter 16 Preparations of Meat, of Fish, or of Crustaceans, Molluscs, or Other Aquatic Invertebrates A change to heading through from any other chapter or from mechanically de-boned fowl of heading , except from any other good of heading A change to heading through from any other chapter.
8 Chapter 17 Sugars and Sugar Confectionery A change to heading through from any other chapter. A change to heading from any other heading. Chapter 18 Cocoa and Cocoa Preparations A change to heading through from any other chapter. Annex A change to heading from any other heading. A change to heading through from any other heading, except from heading A change to subheading from any other heading provided that such good of subheading containing 90 percent or more by dry weight of sugar does not contain non-originating sugar of chapter 17 and that a good of subheading containing less than 90 percent by dry weight of sugar does not contain more than 35 percent by weight of non-originating sugar of chapter 17. A change to subheading from any other heading. A change to subheading from any other subheading. A change to subheading from any other subheading.
9 A change to subheading from any other subheading. Chapter 19 Preparations of Cereals, Flour, Starch, or Milk; Pastry Cooks Products A change to subheading from any other chapter provided that a good of subheading containing over 10 percent by weight of milk solids does not contain a non-originating dairy good of chapter 4. A change to subheading from any other chapter provided that a good of subheading containing over 25 percent by weight of butterfat, not put up for retail sale, does not contain a non-originating dairy good of chapter 4. A change to subheading from any other chapter provided that a good of subheading containing over 10 percent by weight of milk solids does not contain a non-originating dairy good of chapter 4. Annex A change to heading from any other chapter. A change to heading from any other chapter. A change to subheading through from any other chapter.
10 A change to subheading from any other heading, except from heading A change to heading from any other chapter. Chapter 20 Preparations of Vegetables, Fruit, Nuts, or Other Parts of Plants A change to heading from any other chapter, except from subheading A change to heading from any other chapter, except that a good that has been prepared by packing (including canning) in water, brine, or natural juices (including processing incidental to packing) shall be treated as originating only if the fresh good was wholly obtained or produced entirely in the territory of one or more of the Parties. A change to heading from any other chapter except that a good that has been prepared by packing (including canning) in water, brine, or natural juices (including processing incidental to packing) shall be treated as originating only if the fresh good was wholly obtained or produced entirely in the territory of one or more of the Parties.
