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(C) A change to any other good of heading 9619 from any other heading.
Chapter 97.
1. A change to subheadings 9701.10 through 9701.90 from any other subheading.
2. A change to headings 9702 through 9706 from any other heading.
34 United States-Colombia Trade Promotion Agreement.
(a) Originating goods under the terms of the United States-Colombia Trade Promotion Agreement are subject to duty as provided herein. For the purposes of this note, goods of Colombia, subject to subdivisions (b) through (o) of this note, that are imported into the customs territory of the United States and entered under a provision for which a rate of duty appears in the “Special” subcolumn of column 1 followed by the symbol “CO” in parentheses are eligible for the tariff treatment, and any applicable quantitative limitations, set forth in the “Special” subcolumn, in accordance with sections 201 and 202 of the United States-Colombia Trade Promotion Agreement Implementation Act (Pub.L. 112-42; 125 Stat. 462).
(b) For the purposes of this note, subject to the provisions of subdivisions (c), (d), (n) and (o) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good of Colombia or of the United States under the terms of this note if–
(i) the good is wholly obtained or produced entirely in the territory of Colombia or of the United States, or both;
(ii) the good is produced entirely in the territory of Colombia or of the United States, or both, and--
(A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (o) of this note; or
(B) the good otherwise satisfies any applicable regional value-content or other requirements set forth in such subdivision (o); and
satisfies all other applicable requirements of this note and of applicable regulations; or
(iii) the good is produced entirely in the territory of Colombia or of the United States, or both, exclusively from materials described in subdivisions (i) or (ii), above.
For the purposes of subdivision (b)(ii)A), the term “used” means utilized or consumed in the production of the goods.
(c) (i) For purposes of subdivision (b)(i) of this note, the expression “wholly obtained or produced entirely in the territory of Colombia or of the United States, or both” means any of the following–
(A) plants and plant products harvested or gathered in the territory of Colombia or of the United States, or both;
(B) live animals born and raised in the territory of Colombia or of the United States, or both;
(C) goods obtained in the territory of Colombia or of the United States, or both, from live animals;
(D) goods obtained from hunting, trapping, fishing or aquaculture conducted in the territory of Colombia or of the United States, or both;
(E) minerals and other natural resources not included in subdivisions (A) through (D) that are extracted or taken from the territory of Colombia or of the United States, or both;
(F) fish, shellfish and other marine life taken from the sea, seabed or subsoil outside the territory of Colombia or of the United States, or both, by–
(1) a vessel that is registered or recorded with Colombia and flying the flag of Colombia, or
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(2) a vessel that is documented under the laws of the United States;
(G) goods produced on board a factory ship from goods referred to in subdivision (F), if such factory ship–
(1) is registered or recorded with Colombia and flies the flag of Colombia, or
(2) is a vessel that is documented under the laws of the United States;
(H) (1) goods taken by Colombia or a person of Colombia from the seabed or beneath the seabed or subsoil outside the territory of Colombia or of the United States, or both, if Colombia has rights to exploit such seabed or subsoil, or
(2) goods taken by the United States or a person of the United States from the seabed or beneath the seabed or subsoil outside the territory of the United States or of Colombia, or both, if the United States has rights to exploit such seabed or subsoil, or
(I) goods taken from outer space, if the goods are obtained by Colombia or the United States or a person of Colombia or the United States and not processed in the territory of a country other than Colombia or the United States;
(J) waste and scrap derived from–
(1) manufacturing or processing operations in the territory of Colombia or of the United States, or both, or
(2) used goods collected in the territory of Colombia or of the United States, or both, if such goods are fit only for the recovery of raw materials;
(K) recovered goods derived in the territory of Colombia or of the United States, or both, from used goods, and used in the territory of Colombia or of the United States, or both, in the production of remanufactured goods; or
(L) goods, at any stage of production, produced in the territory of Colombia or of the United States, or both, exclusively from–
(1) goods referred to in any of subdivisions (A) through (J) above, or
(2) the derivatives of goods referred to in clause (L)(i).
(ii) (A) For the purposes of subdivision (i)(K), the term “recovered goods” means materials in the form of individual parts that are the result of:
(1) the disassembly of used goods into individual parts; and
(2) the cleaning, inspecting, testing or other processing that is necessary for improvement to sound working condition of such individual parts.
(B) The term “remanufactured good” for purposes of this note means an industrial good assembled in the territory of Colombia or of the United States, or both, that is classified under chapter 84, 85, 87 or 90 or heading 9402, other than a good classified under heading 8418 or 8516, and that--
(1) is entirely or partially comprised of recovered goods, and
(2) has a similar life expectancy and enjoys a factory warranty similar to such a good that is new.
(C) For the purposes of this note–
(1) the term “material” means a good that is used in the production of another good, including a part or an ingredient;
(2) the term “material that is self-produced” means an originating material that is produced by a producer of a good and used in the production of that good; and
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(3) a “nonoriginating good or nonoriginating material” is a good or material, as the case may be, that does not qualify as originating under this note.
(D) For the purposes of this note, the term “production” means growing, mining, harvesting, fishing, raising, trapping, hunting, manufacturing, processing, assembling or disassembling a good; and the term “producer” means a person who engages in the production of a good in the territory of Colombia or of the United States.
(iii) Transit and transshipment. A good that has undergone production necessary to qualify as an originating good under this note shall not be considered to be an originating good if, subsequent to that production, the good--
(A) undergoes further production or any other operation outside the territory of Colombia or of the United States, other than unloading, reloading or any other operation necessary to preserve the good in good condition or to transport the good to the territory of Colombia or of the United States, or
(B) does not remain under the control of customs authorities in the territory of a country other than Colombia or the United States.
(iv) Goods classifiable as goods put up in sets. Notwithstanding the rules set forth in subdivision (o) of this note, goods classifiable under general rule of interpretation 3 of the tariff schedule as goods put up in sets for retail sale shall not be considered to be originating goods unless--
(A) each of the goods in the set is an originating good, or
(B) the total value of the nonoriginating goods in the set does not exceed--
(1) in the case of textile or apparel goods, 10 percent of the adjusted value of the set, or
(2) in the case goods, other than textile or apparel goods, 15 percent of the adjusted value of the set.
(d) Textile and apparel articles.
(i) For purposes of this note, a textile or apparel good provided for in chapters 42, 50 through 63, 66, 70 and 94 of the tariff schedule is an originating good if:
(A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (o) of this note as a result of production occurring entirely in the territory of Colombia or of the United States, or both, or the good otherwise satisfies the applicable requirements of this note where a change in tariff classification for each nonoriginating material is not required, and
(B) the good satisfies any other applicable requirements of this note.
The provisions of subdivision (o) of this note shall not apply in determining the country of origin of a textile or apparel good for nonpreferential purposes.
(ii) Subject to the provisions of subdivision (iii) below, a textile or apparel good that is not an originating good under the terms of this note because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification, set out in subdivision (o) of this note, shall nonetheless be considered to be an originating good if--
(A) the total weight of all such fibers or yarns in that component is not more than 10 percent of the total weight of that component; or
(B) the article contains nylon filament yarn (other than elastomeric yarn) that is classifiable in subheading 5402.11.30, 5402.11.60, 5402.19.30, 5402.19.60, 5402.31.30, 5402.31.60, 5402.32.30, 5402.32.60, 5402.45.10, 5402.45.90, 5402.51.00 or 5402.61.0 of the tariff schedule and that is a product of Israel, Canada or Mexico.
Notwithstanding the preceding sentence, a textile or apparel good provided for in the tariff schedule chapters enumerated in subdivision (d)(i) of this note and containing elastomeric yarns in the component of the good that determines the tariff classification
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of the good shall be considered to be an originating good only if such yarns are wholly formed in the territory of Colombia or of the United States, or both. For purposes of this subdivision, in the case of a good that is a yarn, fabric or fiber, the term “component of the good that determines the tariff classification of the good” means all of the fibers in the good.
(iii) For purposes of this note--
(A) with respect to a textile or apparel good provided for in the tariff schedule chapters enumerated above, the term “wholly” means that the good is entirely of the named material, and
(B) when used in reference to elastomeric yarns, the term “wholly formed” means that all production processes and finishing operations, starting with the extrusion of all filaments, strips, films or sheets, or the spinning of all fibers into yarn, or both, and ending with a finished yarn or plied yarn took place in the territory of Colombia or of the United States. For purposes of this note, the term “elastomeric yarns” does not include latex.
(e) De minimis amounts of nonoriginating materials.
(i) Except as provided in subdivision (ii) below, a good (other than a textile or apparel good described in subdivision (d) above) that does not undergo a change in tariff classification pursuant to subdivision (o) of this note is an originating good if–
(A) (1) the value of all nonoriginating materials that are used in the production of the good and that do not undergo the applicable change in tariff classification set forth in such subdivision (o) does not exceed 10 percent of the adjusted value of the good;
(2) the value of such nonoriginating materials is included in the value of nonoriginating materials for any applicable regional value-content requirement for the good under this note; and
(3) the good meets all other applicable requirements of this note; or
(B) the good meets the requirements set forth in subdivision (e)(ii)(B) of this note.
(ii) Subdivision (e)(i) does not apply to–
(A) a nonoriginating material provided for in chapter 4 of the tariff schedule, or a nonoriginating dairy preparation containing over 10 percent by weight of milk solids provided for in subheading 1901.90 or 2106.90 that is used in the production of a good provided for in chapter 4;
(B) a nonoriginating material provided for in chapter 4 of the tariff schedule, or a nonoriginating dairy preparation containing over 10 percent by weight of milk solids provided for in subheading 1901.90, that is used in the production of any of the following goods:
(1) infant preparations containing over 10 percent by weight of milk solids, the foregoing provided for in subheading 1901.10;
(2) mixes and doughs, containing over 25 percent by weight of butterfat, not put up for retail sale, the foregoing provided for in subheading 1901.20;
(3) dairy preparations containing over 10 percent by weight of milk solids, the foregoing provided for in subheading 1901.90 or 2106.90;
(4) goods provided for in heading 2105;
(5) beverages containing milk, the foregoing provided for in subheading 2202.90; or
(6) animal feeds containing over 10 percent by weight of milk solids, the foregoing provided for in subheading 2309.90;
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(C) a nonoriginating material provided for in heading 0805, or in any of subheadings 2009.11 through 2009.39, that is used in the production of a good provided for in any of subheadings 2009.11 through 2009.39, or in fruit or vegetable juice of any single fruit or vegetable, fortified with minerals or vitamins, concentrated or unconcentrated, provided for in subheading 2106.90 or 2202.90;
(D) a nonoriginating material provided for in heading 0901 or 2101 that is used in the production of a good provided for in heading 0901 or 2101;
(E) a nonoriginating material provided for in chapter 15 that is used in the production of a good provided for in any of headings 1501 through 1508, or any of headings 1511 through 1515;
(F) a nonoriginating material provided for in heading 1701 that is used in the production of a good provided for in any of headings 1701 through 1703;
(G) a nonoriginating material provided for in chapter 17 that is used in the production of a good provided for in subheading 1806.10;
(H) except as provided in subdivisions (A) through (G) above and subdivision (o) of this note, a nonoriginating material used in the production of a good provided for in any of chapters 1 through 24, unless the nonoriginating material is provided for in a different subheading than the good for which origin is being determined under this note;
(I) a nonoriginating material that is a textile or apparel good.
(iii) For the purposes of this note, the term “adjusted value” means the value determined in accordance with Articles 1 through 8, Article 15 and the corresponding interpretive notes of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 referred to in section 101(d)(8) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(8)), adjusted, if necessary, to exclude any costs, charges or expenses incurred for transportation, insurance and related services incident to the international shipment of the merchandise from the country of exportation to the place of importation.
(f) Accumulation.
(i) For purposes of this note, originating materials from the territory of Colombia or the United States that are used in the production of a good in the territory of the other country shall be considered to originate in the territory of such other country.
(ii) A good that is produced in the territory of Colombia or of the United States, or both, by one or more producers, is an originating good if the good satisfies all of the applicable requirements of this note.
(g) Regional value content.
(i) For purposes of subdivision (b)(ii)(B) of this note, the regional value content for a good referred to in subdivision (o) of this note, except for goods to which subdivision (h) applies, shall be calculated by the importer, exporter or producer of the good, on the basis of the build-down method described in subdivision (g)(i)(A) or the build-up method described in (g)(i)(B) of this note.
(A) For the build-down method, the regional value content of a good may be calculated on the basis of the formula RVC = ((AV - VNM) / AV) X 100, where RVC is the regional value content, expressed as a percentage; AV is the adjusted value of the good; and VNM is the value of nonoriginating materials that are acquired and used by the producer in the production of the good, but does not include the value of a material that is self-produced; or
(B) For the build-up method, the regional value content of a good may be calculated on the basis of the formula RVC = (VOM / AV) X 100, where RVC is the regional value content, expressed as a percentage; AV is the adjusted value of the good; and VOM is the value of originating materials that are acquired or self-produced, and used by the producer in the production of the good.
(ii) Value of materials.
(A) For the purpose of calculating the regional value content of a good under subdivision (g)(i) and for purposes of applying the de minimis provisions of subdivision (e) of this note, the value of a material is: