Annex 401: Specific Rules of Origin

Section A - General Interpretative Note


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

     (a)  the specific rule, or specific set of rules, that applies to a
          particular heading, subheading or tariff item is set out
          immediately adjacent to the heading, subheading or tariff item;

     (b)  a rule applicable to a tariff item shall take precedence over a rule
          applicable to the heading or subheading which is parent to that
          tariff item;

     (c)  a requirement of a change in tariff classification applies only to
          non-originating materials;

     (d)  reference to weight in the rules for goods provided for in Chapter
          1 through 24 of the Harmonized System means dry weight unless
          otherwise specified in the Harmonized System;

     (e)  paragraph 1 of Article 405 (De Minimis) does not apply to:

          (i)  certain non-originating materials used in the production of
               goods provided for in the following tariff provisions: 
               Chapter 4 of the Harmonized System, heading 15.01
               through 15.08, 15.12, 15.14, 15.15 or 17.01 through 17.03,
               subheading 1806.10, tariff item 1901.10.aa (infant
               preparations containing over 10 percent by weight of milk
               solids), 1901.20.aa (mixes and doughs, containing over 25
               percent by weight of butterfat, not put up for retail sale) or
               1901.90.aa (dairy preparations containing over 10 percent
               by weight of milk solids), subheading 2009.11 through
               2009.30 or 2009.90, heading 21.05, tariff item 2101.10.aa
               (instant coffee, not flavored), 2106.90.bb (concentrated fruit
               or vegetable juice of any single fruit or vegetable, fortified
               with minerals or vitamins), 2106.90.cc (concentrated
               mixtures of fruit or vegetable juice, fortified with minerals
               or vitamins), 2106.90.dd (preparations containing over 10
               percent by weight of milk solids), 2202.90.aa (fruit or
               vegetable juice of any single fruit or vegetable, fortified
               with minerals or vitamins), 2202.90.bb (mixtures of fruit or
               vegetable juices, fortified with minerals or vitamins) or
               2202.90.cc (beverages containing milk), heading 22.07
               through 22.08, tariff item 2309.90.aa (animal feeds
               containing over 10 percent by weight of milk solids) or
               7321.11.aa (gas stove or range), subheading 8415.10,
               8415.81 through 8415.83, 8418.10 through 8418.21, 8418.29
               through 8418.40, 8421.12, 8422.11, 8450.11 through
               8450.20 or 8451.21 through 8451.29,  Mexican tariff item
               8479.82.aa (trash compactors), Canadian or U.S. tariff item
               8479.89.aa (trash compactors), or tariff item 8516.60.aa
               (electric stove or range),

          (ii) a printed circuit assembly that is a non-originating material
               used in the production of a good where the applicable
               change in tariff classification for the good places restrictions
               on the use of such non-originating material, and

          (iii)     a non-originating material used in the production of a good
                    provided for in Chapter 1 through 27 of the Harmonized
                    System unless the non-originating material is provided for
                    in a different subheading than the good for which origin is
                    being determined;

     (f)  paragraph 6 of Article 405 (De Minimis) applies to a good
          provided for in Chapter 50 through 63; and

     (g)  the following definitions apply:

          chapter means a chapter of the Harmonized System;

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

           section means a section of the Harmonized System;

          subheading means the first six digits in the tariff classification
          number under the Harmonized System; and

          tariff item means the first eight digits in the tariff classification
          number under the Harmonized System as implemented by each
          Party. 

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