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(vi) For purposes of applying this note to goods of chapters 6 through 14, inclusive, agricultural and horticultural goods shall be treated as originating in the territory of a party to the Agreement even if grown from seeds, bulbs, rootstock, cuttings, grafts, shoots, buds or other live parts of plants imported from a country other than a party to the Agreement.
(vii) This subdivision confers origin on the goods specified in the provisions below, except as otherwise specified herein. Notwithstanding the preceding sentence, a good is originating if it meets the applicable change in tariff classification rules specified in subdivision (n) of this note.
(A) A good of chapters 27 through 40, inclusive (except a good of heading 3823), of the tariff schedule, that is the product of a chemical reaction in the territory of one or more of the parties to the Agreement shall be treated as originating. For purposes of applying this subdivision to goods of the foregoing chapters, a “chemical reaction” is a process (including a biochemical process) that 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 purposes of determining whether a good is originating:
(1) dissolution in water or in another solvent;
(2) the elimination of solvents, including solvent water; or
(3) the addition or elimination of water of crystallization.
(B) For the purposes of chapters 28 through 35 and chapters 38 and 39, a good that is subject to purification shall be treated as originating provided that one of the following occurs in the territory of one or more of the parties to the Agreement:
(1) the purification results in the elimination of 80 percent of the impurities; or
(2) the purification results in the reduction or elimination of impurities, rendering the good suitable:
(I) as a pharmaceutical, medicinal, cosmetic, veterinary or food grade substance;
(II) as a chemical good or reagent for analytical, diagnostic or laboratory uses;
(III) as an element or component for use in micro-elements;
(IV) for specialized optical uses;
(V) for non toxic uses for health and safety;
(VI) for biotechnical use;
(VII) as a carrier used in a separation process; or
(VIII)for nuclear grade uses.
(C) A good of chapters 30 or 31, heading 3302, subheading 3502.20, headings 3506 through 3507, inclusive, heading 3707 or chapters 39 or 40 shall be treated as originating if the deliberate and proportionally controlled mixing or blending (including dispersing) of materials to conform to predetermined specifications, resulting in the production of a good having physical or chemical characteristics which are relevant to the purposes or uses of the good and are different from the input materials, occurs in the territory of one or more of the parties to the Agreement.
(D) A good of chapter 30, 31 or 39 shall be treated as originating if the following occurs in the territory of one or more of the parties to the Agreement:
(1) the deliberate and controlled reduction in particle size of a good, other than by merely crushing (or pressing), resulting in a good having a defined particle size, defined particle size distribution or defined surface area, which are relevant to the purposes of the resulting good and have different physical or chemical characteristics from the input materials; or
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(2) the deliberate and controlled modification in particle size of a good, other than by merely pressing, resulting in a good having a defined particle size, defined particle size distribution or defined surface area, which are relevant to the purposes of the resulting good and have different physical or chemical characteristics from the input materials.
(E) A good of chapters 28 through 32, 35 or 38 shall be treated as originating if the production of standards materials occurs in the territory of one or more of the parties to the Agreement. For purposes of this subdivision, “standards materials” (including standards solutions) are preparations suitable for analytical, calibrating or referencing uses, having precise degrees of purity or proportions which are certified by the manufacturer.
(F) A good of chapters 28 through 32, 35 or 39 shall be treated as originating if the isolation or separation of isomers from mixtures of isomers occurs in the territory of one or more of the parties to the Agreement.
(G) A good of chapters 28 through 38 that undergoes a change from one tariff classification to another in the territory of one or more of the parties to the Agreement as the result of the separation of one or more individual materials from a man-made mixture shall not be treated as originating unless the isolated material underwent a chemical reaction in the territory of one or more of the parties to the Agreement.
(viii) (A) A textile good of chapters 50 through 60 of the tariff schedule and imported under heading 9822.05.01 of the tariff schedule shall be considered originating if it is wholly formed in the territory of one or more of the parties to the Agreement from--
(1) one or more fibers and yarns listed in U.S. note 20 to subchapter XXII of chapter 98; or
(2) a combination of the fibers and yarns listed in U.S. note 20 to such subchapter XXII and one or more fibers and yarns that originate under the terms of this note.
The originating fibers and yarns referred to in subdivision (A)(2) may contain up to 10 percent by weight of fibers or yarns that do not undergo an applicable change in tariff classification set out in subdivision (n) of this note. Any elastomeric yarn (except latex) contained in the originating yarns referred to in subdivision (A)(2) must be formed in the territory of one or more of the parties to the Agreement.
(B) An apparel good of chapter 61 or 62 of the tariff schedule and imported under heading 9822.05.01 of the tariff schedule shall be considered originating if it is cut or knit to shape, or both, and sewn or otherwise assembled in the territory of one or more of the parties to the Agreement, and if the fabric of the outer shell, exclusive of collars, cuffs and ribbed waistbands (only if the ribbed waistband is present in combination with cuffs and identical in fabric construction to the cuffs) where applicable, is wholly of--
(1) one or more fabrics listed in U.S. note 20 to subchapter XXII of chapter 98; or
(2) one or more fabrics or knit to shape components formed in the territory of one or more of the parties to the Agreement from one or more of the yarns listed in U.S. note 20 to such subchapter XXII; or
(3) any combination of the fabrics referred to in subdivision (B)(1), the fabrics or knit to shape components referred to in subdivision (B)(2), or one or more fabrics originating under this note.
The originating fabrics referred to in subdivision (B)(3) may contain up to 10 percent by weight of fibers or yarns that do not undergo an applicable change in tariff classification set out in subdivision (n) of this note. Any elastomeric yarn (except latex) contained in an originating fabric or knit to shape component referred to in subdivision (B)(3) must be formed in the territory of one or more of the parties to the Agreement.
(C) A textile good of chapter 63 or 94 of the tariff schedule and imported under heading 9822.05.01 of the tariff schedule shall be considered originating if it is cut or knit to shape, or both, and sewn or otherwise assembled in the territory of one or more of the parties to the Agreement, and if the component that determines the tariff classification of the good is wholly of--
(1) one or more fabrics listed in U.S. note 20 to subchapter XXII of chapter 98; or
(2) one or more fabrics or knit to shape components formed in the territory of one or more of the parties to the Agreement from one or more of the yarns listed in U.S. note 20 to such subchapter XXII; or
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(3) any combination of the fabrics referred to in subdivision (C)(1), the fabrics or knit to shape components referred to in subdivision (C)(2) or one or more fabrics or knit to shape components originating under this note.
The originating fabrics referred to in subdivision (C)(3) may contain up to 10 percent by weight of fibers or yarns that do not undergo an applicable change in tariff classification set out in subdivision (n) of this note. Any elastomeric yarn (except latex) contained in an originating fabric or knit to shape component referred to in subdivision (C)(3) must be formed in the territory of one or more of the parties to the Agreement.
(n) Change in tariff classification rules. [UPDATED FOR HS CHANGES THROUGH 2017]
Chapter 1.
1. A change to headings 0101 through 0106 from any other chapter.
Chapter 2.
1. A change to headings 0201 through 0206 from any other chapter.
2. A change to heading 0207 from any other chapter, except from heading 0105.
3. A change to headings 0208 through 0209 from any other chapter.
4. A change to heading 0210 from any other chapter, except from heading 0105.
Chapter 3.
Note: The fish, crustaceans, molluscs, and other aquatic invertebrates shall be deemed originating even if they were cultivated from nonoriginating fry (immature fish at a post-larval stage, including fingerlings, parr, smolts, and elvers) or larvae.
1. A change to headings 0301 through 0305 from any other chapter.
2. (A) A change to smoked goods of headings 0306 through 0308 from goods that are not smoked of headings 0306 through 0308; or
(B) A change to any other good of headings 0306 through 0308 from any other chapter.
Chapter 4.
1. A change to headings 0401 through 0404 from any other chapter, except from subheading 1901.90.
2. A change to heading 0405 from any other chapter, except from subheadings 1901.90 or 2106.90.
3. A change to heading 0406 from any other chapter, except from subheading 1901.90.
4. A change to headings 0407 through 0410 from any other chapter.
Chapter 5.
1. A change to headings 0501 through 0511 from any other chapter.
Chapter 6.
1. A change to headings 0601 through 0604 from any other chapter.
Chapter 7.
1. A change to headings 0701 through 0714 from any other chapter.
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Chapter 8.
1. A change to headings 0801 through 0814 from any other chapter.
Chapter 9.
1. A change to heading 0901 from any other chapter.
2. A change to subheadings 0902.10 through 0902.40 from any other subheading.
3. A change to heading 0903 from any other chapter.
4. (A) A change to crushed, ground, or powdered spices put up for retail sale of subheadings 0904.11 through 0910.99 from spices that are not crushed, ground, or powdered of subheadings 0904.11 through 0910.99, or from any other subheading, except from subheadings 0910.11 and 0910.12; or
(B) A change to mixtures of spices or any good of subheading 0904.11 through 0910.99 other than crushed, ground, or powdered spices put up for retail sale from any other subheading, except from subheadings 0910.11 through 0910.12.
Chapter 10.
1. A change to headings 1001 through 1008 from any other chapter.
Chapter 11.
1. A change to heading 1101 from any other chapter.
2. A change to heading 1102 from any other chapter, except from heading 1006.
3. A change to heading 1103 from any other chapter, except from heading 1006.
4. A change to subheading 1104.12 from any other subheading.
5. A change to subheadings 1104.19 through 1104.30 from any other chapter.
6. A change to heading 1105 from any other chapter except from heading 0701.
7. A change to heading 1106 from any other chapter, except from subheading 0714.10.
8. A change to heading 1107 from any other chapter.
9. A change to subheadings 1108.11 through 1108.13 from any other chapter.
10. A change to subheading 1108.14 from any other chapter, except from subheading 0714.10.
11. A change to subheadings 1108.19 through 1108.20 from any other chapter.
12. A change to heading 1109 from any other chapter.
Chapter 12.
1. A change to headings 1201 through 1214 from any other chapter.
Chapter 13.
1. A change to headings 1301 through 1302 from any other chapter.
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Chapter 14.
1. A change to headings 1401 through 1404 from any other chapter.
Chapter 15.
1. A change to headings 1501 through 1518 from any other chapter.
2. A change to heading 1520 from any other heading.
3. A change to headings 1521 through 1522 from any other chapter.
Chapter 16.
1. A change to headings 1601 through 1602 from any other chapter or from mechanically deboned fowl of heading 0207, except from any other good of heading 0207.
2. A change to headings 1603 through 1605 from any other chapter.
Chapter 17.
1. A change to headings 1701 through 1703 from any other chapter.
2. A change to heading 1704 from any other heading.
Chapter 18.
1. A change to headings 1801 through 1802 from any other chapter.
2. A change to heading 1803 from any other heading.
3. A change to headings 1804 through 1805 from any other heading, except from heading 1803.
4. A change to subheading 1806.10 from any other heading, provided that a good of subheading 1806.10 containing 90 percent or more by dry weight of sugar does not contain nonoriginating sugar of chapter 17 and that a good of subheading 1806.10 containing less than 90 percent by dry weight of sugar does not contain more than 35 percent by weight of nonoriginating sugar of chapter 17.
5. A change to subheading 1806.20 from any other heading.
6. A change to subheading 1806.31 from any other subheading.
7. A change to subheading 1806.32 from any other subheading.
8. A change to subheading 1806.90 from any other subheading.
Chapter 19.
1. A change to subheading 1901.10 from any other chapter, provided that a good of subheading 1901.10 containing over 10 percent by weight of milk solids does not contain a nonoriginating dairy good of chapter 4.
2. A change to subheading 1901.20 from any other chapter, provided that a good of subheading 1901.20 containing over 25 percent by weight of butterfat, not put up for retail sale, does not contain a nonoriginating dairy good of chapter 4.
3. A change to subheading 1901.90 from any other chapter, provided that a good of subheading 1901.90 containing over 10 percent by weight of milk solids does not contain a nonoriginating dairy good of chapter 4.
4. A change to heading 1902 from any other chapter.