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(VIII)for nuclear grade uses.
(C) A good of chapters 30, 31 or 33 through 40 (except heading 3808) shall be treated as an originating good 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 that are relevant to the purposes or uses of the good and are different from the input materials, occurs in the territory of Peru, the United States, or both.
(D) A good of chapter 30, 31, 33 or 39 shall be treated as originating if the deliberate and controlled reduction in particle size of a good, including micronizing by dissolving a polymer and subsequent precipitation, 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 is relevant to the purposes of the resulting good and have different physical or chemical characteristics from the input materials occurs in the territory of Peru, the United States, or both
(E) A good of chapters 28 through 38 shall be treated as originating if the production of standards materials occurs in the territory of Peru, the United States, or both. 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 that are certified by the manufacturer.
(F) A good of chapters 28 through 39 shall be treated as originating if the isolation or separation of isomers from mixtures of isomers occurs in the territory of Peru, the United States, or both.
(G) A good of chapters 28 through 38 that undergoes a change from one tariff classification to another in the territory of Peru, the United States, or both, as a 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 Peru, the United States, or both.
(viii) (A) A textile good of chapters 50 through 60 of the tariff schedule and imported under heading 9822.06.20 of the tariff schedule shall be considered originating if it is wholly formed in the territory of Peru, the United States, or both from--
(1) one or more fibers and yarns listed in U.S. note 29 to subchapter XXII of chapter 98; or
(2) a combination of the fibers and yarns listed in U.S. note 29 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 contained in such originating yarns must be formed in the territory of Peru, the United States, or both.
(B) An apparel good of chapter 61 or 62 of the tariff schedule and imported under heading 9822.06.20 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 Peru, the United States, or both, and if the fabric of the outer shell, exclusive of collars and cuffs where applicable, is wholly of--
(1) one or more fabrics listed in U.S. note 29 to subchapter XXII of chapter 98; or
(2) one or more fabrics or knit to shape components formed in the territory of Peru, the United States, or both, from one or more of the yarns listed in U.S. note 29 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 or knit to shape components 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 contained in an originating fabric or knit to shape component referred to in subdivision (B)(3) must be formed in the territory of Peru, the United States, or both.
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(C) A textile good of chapter 42, 63 or 94 of the tariff schedule and imported under heading 9822.06.20 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 Peru, the United States, or both, 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 29 to subchapter XXII of chapter 98; or
(2) one or more fabrics or knit to shape components formed in the territory of Peru, the United States, or both, from one or more of the yarns listed in U.S. note 29 to such subchapter XXII; or
(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 contained in an originating fabric or knit to shape component referred to in subdivision (C)(3) must be formed in the territory of Peru, the United States, or both.
(D) An apparel good of chapter 61 or 62 shall be considered originating regardless of the origin of any visible lining fabric described in chapter rule 1 to such chapters, narrow fabrics described in chapter rule 3 to such chapters, sewing thread described in chapter rule 4 to such chapters or pocketing fabric described in chapter rule 5 to such chapters, the foregoing as set forth in subdivision (n) of this note, if any such material is identified in U.S. note 29 to subchapter XXII of chapter 98 and the good meets all other applicable requirements for preferential tariff treatment under this note.
(n) Change in tariff classification rules. [NOTE: NOT UPDATED FOR PRES.PROC. 8097 or 8771]
Chapter 1.
A change to headings 0101 through 0106 from any other chapter.
Chapter 2.
A change to headings 0201 through 0210 from any other chapter.
Chapter 3.
Chapter rule: Fish, crustaceans, molluscs and other aquatic invertebrates shall be deemed originating even if they were cultivated from nonoriginating fry or larvae. For purposes of this rule, the term “fry” means immature fish at a post-larval stage and includes fingerlings, parr, smolts, and elvers.
A change to headings 0301 through 0307 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.
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Chapter 5.
A change to headings 05.01 through 05.11 from any other chapter.
Chapter 6.
A change to headings 0601 through 0604 from any other chapter.
Chapter 7.
A change to headings 0701 through 0714 from any other chapter.
Chapter 8.
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; or
(b) A change to mixtures of spices or any good of subheadings 0904.11 through 0910.99 other than crushed, ground, or powdered spices put up for retail sale from any other subheading.
Chapter 10.
A change to headings 1001 through 1008 from any other chapter.
Chapter 11.
1. A change to headings 1101 through 1104 from any other chapter.
2. A change to subheadings 1105.10 through 1105.20 from any other chapter, except from heading 0701.
3. A change to headings 1106 though 1107 from any other chapter.
4. A change to subheadings 1108.11 through 1108.12 from any other chapter.
5. A change to subheading 1108.13 from any other chapter, except from heading 0701.
6. A change to subheadings 1108.14 through 1108.20 from any other chapter.
7. A change to heading 1109 from any other chapter.
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Chapter 12.
A change to headings 1201 through 1214 from any other chapter.
Chapter 13.
A change to headings 1301 through 1302 from any other chapter.
Chapter 14.
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 1603 from any other chapter.
2. A change to subheadings 1604.11 through 1604.13 from any other chapter.
3. (a) A change to tuna loins of subheading 1604.14 from any other chapter; or
(b) A change to any other good of subheading 1604.14 from any other heading, except from headings 0301 through 0304.
4. A change to subheadings 1604.15 through 1604.30 from any other chapter.
5. A change to heading 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 headings 1803 through 1805 from any other heading.
3. A change to subheading 1806.10 from any other heading, provided that such goods of subheading 1806.10 containing 90 percent or more by dry weight of sugar do not contain nonoriginating sugar of chapter 17 and such goods of subheading 1806.10 containing less than 90 percent by dry weight of sugar do not contain more than 35 percent by weight of nonoriginating sugar of chapter 17.
4. A change to subheading 1806.20 from any other heading.
5. A change to subheadings 1806.31 through 1806.90 from any other subheading.
Chapter 19.
1. A change to subheading 1901.10 from any other chapter, provided that such goods of subheading 1901.10 containing over 10 percent by weight of milk solids do not contain nonoriginating dairy goods of chapter 4.
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2. A change to subheading 1901.20 from any other chapter, provided that such goods of subheading 1901.20 containing over 25 percent by weight of butterfat, not put up for retail sale, do not contain nonoriginating dairy goods of chapter 4.
3. A change to subheading 1901.90 from any other chapter, provided that goods of subheading 1901.90 containing over 10 percent by weight of milk solids do not contain nonoriginating dairy goods of chapter 4.
4. A change to headings 1902 through 1905 from any other chapter.
Chapter 20.
1. A change to heading 2001 from any other chapter.
2. A change to headings 2002 through 2003 from any other chapter, except that goods that have been prepared by packing (including canning) in water, brine, or natural juices (including processing incidental to packing) shall be originating only if the fresh goods were goods wholly obtained or produced entirely in the territory of Peru, the United States, or both.
3. A change to heading 2004 from any other chapter, except from heading 0701, and provided that goods that have been prepared by freezing (including processing incidental to freezing) shall be originating only if the fresh goods were goods wholly obtained or produced entirely in the territory of Peru, the United States, or both.
4. A change to heading 2005 from any other chapter, except that goods that have been prepared by packing (including canning) in water, brine, or natural juices (including processing incidental to packing) shall be originating only if the fresh goods were goods wholly obtained or produced entirely in the territory of Peru, the United States, or both.
5. A change to headings 2006 through 2007 from any other chapter.
6. A change to subheading 2008.11 from any other chapter, except from heading 1202.
7. A change to subheading 2008.19 from any other chapter, except that nuts and seeds that have been prepared by roasting, either dry or in oil (including processing incidental to roasting), shall be originating only if the fresh nuts and seeds were goods wholly obtained or produced entirely in the territory of Peru, the United States, or both.
8. A change to subheadings 2008.20 through 2008.99 from any other chapter, except that goods that have been prepared by packing (including canning) in water, brine, or natural juices (including processing incidental to packing) shall be originating only if the fresh goods were goods wholly obtained or produced entirely in the territory of Peru, the United States, or both.
9. A change to subheadings 2009.11 through 2009.39 from any other chapter, except from heading 0805.
10. A change to subheadings 2009.41 through 2009.80 from any other chapter.
11. (a) A change to subheading 2009.90 from any other chapter; or
(b) A change to subheading 2009.90 from any other subheading within chapter 20, whether or not there is also a change from any other chapter, provided that a single juice ingredient, or juice ingredients from a single non-party, constitute in single strength form no more than 60 percent by volume of the good.
Chapter 21.
1. A change to headings 2101 through 2102 from any other chapter.
2. A change to subheading 2103.10 from any other chapter.
3. A change to subheading 2103.20 from any other chapter, provided that tomato ketchup of subheading 2103.20 does not contain nonoriginating goods from subheading 2002.90.
4. A change to subheading 2103.30 from any other chapter.
5. A change to subheading 2103.90 from any other heading.