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ANNEX (PRODUCT-SPECIFIC RULES)

ANNEX 4.1

Annex 4.1

Product-Specific Rules of Origin Part I

Headnotes to the Annex

1.The specific rule, or specific set of rules, that applies to a particular heading (4-digit code), subheading (6-digit code) or split subheading (ex. 6-digit code) is set out immediately adjacent to the heading, subheading or split subheading.

2.Unless otherwise specified in the Annex, a rule applicable to a split subheading shall take precedence over a rule applicable to the subheading which is parent to that split subheading. In turn, a rule applicable to the subheading shall take precedence over a rule applicable to the heading which is parent to the subheading.

3.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.

4.A requirement of a change in tariff classification applies only to non-originating materials.

5.A good of Chapters 1-40 shall not be considered to be originating solely by reason of mere dilution with water or another substance that does not materially alter the characteristics of the good.

6.For purposes of Chapters 27-40, a chemical reaction is a process (including a biochemical process) which results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule.

The following are not considered to be chemical reactions for the purposes of this definition:

(a)dissolving in water or other solvents;

(b)the eliminating of solvents including solvent water; or

(c)the addition or elimination of water of crystallization.

A chemical reaction as defined above is considered to result in an originating good.

Notwithstanding any of the line-by-line rules, the chemical reaction rule may be applied to any good classified in Chapters 28-40.

7.For the purposes of Chapter 39, regional polymer content means the proportion by weight of the polymer that was formed or modified in the territories of the Parties.

8.In accordance with Article 403(2), for particular goods of Chapters 50-64, the value of non-originating materials produced in developing countries may contribute towards the RVC for those goods up to a maximum allowable proportion of 25% of the FOB value of the goods.

9.The following definitions apply:

(a)Chapter means a chapter of the Harmonized System;

(b)Heading means the first four digits in the tariff classification number under the Harmonised System;

(c)Section means a section of the Harmonized System;

(d)Subheading means the first six digits in the tariff classification number under the Harmonized System; and

(e)Split subheading means specific products which are a subset of a subheading.

Tariff item (HS2002)

Description of products

Specific Rule

CHAPTER 1

LIVE ANIMALS

0101

Live horses, asses, mules and hinnies.

Change to heading 0101 from any other chapter.

0102

Live bovine animals.


0103

Live swine.


0104

Live sheep and goats.


0105

Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls.


0106

Other live animals.


CHAPTER 2

MEAT AND EDIBLE MEAT OFFAL

0201

Meat of bovine animals, fresh or chilled.


0202

Meat of bovine animals, frozen


0203

Meat of swine, fresh, chilled or frozen.

Change to heading 0203 from any other chapter except chapter 01.

0204

Meat of sheep or goats, fresh, chilled or frozen.


0205

Meat of horses, asses, mules or hinnies, fresh, chilled or frozen.


0206

Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen.


0207

Meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen.

Change to heading 0207 from any other chapter except chapter 01.

0208

Other meat and edible meat offal, fresh, chilled or frozen.


0209

Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked.


0210

Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal.


CHAPTER 3

FISH AND CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES

0301

Live fish.


030110

- Ornamental fish

Change to subheading 030110 from any other chapter or Raising from fry, including fingerling.

0302

Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304.


0303

Fish, frozen, excluding fish fillets and other fish meat of heading 0304.


030341

- Tunas (of the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis), excluding livers and roes: albacore or longfinned tunas (Tunnus alalunga)

Product of a combination of 3 or more processes, including freezing, cleaning, gutting, removing of gills, scaling and de-heading.

030342

- Tunas (of the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis), excluding livers and roes: yellowfin tunas (Thunnus albacares)


030344

- Tunas (of the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis), excluding livers and roes: bigeye tunas (Thunnus obesus)


030345

- Tunas (of the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis), excluding livers and roes: bluefin tunas (Thunnus thynnus)


030346

- Tunas (of the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis), excluding livers and roes: southern bluefin tunas (Thunnus maccoyii)


030349

- Tunas (of the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis), excluding livers and roes: other tunas


030379

- Other fish, excluding livers and roes: other (ie other than Pacific salmon, other salmonidae, flat fish, tunas, skipjack or stripe-bellied bonito, herrings, cod, sardines, sardinella, brisling or sprats, haddock, coalfish, mackerel, dogfish and other sharks, eels, sea bass and hake)


0304

Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen.

Change to heading 0304 from any other heading.

0305

Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption.

Change to heading 0305 from any other heading .

0306

Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption.


0307

Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption.


CHAPTER 4

DAIRY PRODUCE; BIRD EGGS; NATURAL HONEY; EDIBLE PRODUCTS OF ANIMAL ORIGIN, NOT ELSEWHERE SPECIFIED OR INCLUDED

0401

Milk and cream, not concentrated nor containing added sugar or other sweetening matter.

Change to heading 0401 from any other heading.

0402

Milk and cream, concentrated or containing added sugar or other sweetening matter.

Change to heading 0402 from a

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