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(ii) An importer claiming preferential tariff treatment for a good imported into the territory of the United States based on a certification issued by the exporter or producer shall maintain, for a minimum of five years from the date of importation of the good, a copy of the certification that served as the basis for the claim. If the importer possesses records demonstrating that the good satisfies the requirements to remain originating under subdivision (c)(iii) of this note, the importer shall maintain such records for a minimum of five years from the date of importation of the good; shall make a written declaration that the good qualifies as originating, under the terms of applicable regulations; and shall be prepared to submit, upon request by the appropriate customs officer, a certification of origin demonstrating that the good qualifies as an originating good under the provisions of this note, including pertinent cost and manufacturing information and all other information requested by such customs officer.
(iii) A certification that a good is originating may be in written or electronic form, including but not limited to the following elements:
(A) the name of the certifying person, including as necessary contact or other identifying information;
(B) the importer of the good (if known);
(C) the exporter of the good (if different from the producer);
(D) the producer of the good (if known);
(E) the classification of the good in the tariff schedule and a description of the good;
(F) information demonstrating that the good is originating;
(G) the date of the certification; and
(H) in the case of a blanket certification of multiple shipments of identical goods within any period specified in the written or electronic certification, not exceeding 12 months from the date of the certification, the period of time that the certification covers. For purposes of this subdivision, the term “identical goods” means goods that are the same in all respects relevant to the rule of origin that qualifies the goods as originating goods.
Importers shall, upon request by the appropriate customs officer, make available such records as are necessary under applicable regulations to demonstrate that a good qualifies as an originating good under the provisions of this note.
(iv) For purposes of determining whether a good imported into the customs territory of the United States from the territory of Panama qualifies as an originating good under the provisions of this note, the appropriate customs officer may conduct a verification under such terms or procedures as the United States and Panama may agree, as set forth in pertinent regulations.
(n) Interpretation of rules of origin.
(i) Unless otherwise specified, a rule in subdivision (o) of this note that is set out adjacent and is applicable to a 6-digit subheading in the tariff schedule shall take precedence over a rule applicable to a 4-digit heading superior thereto and covering the goods of such subheading. For purposes of this subdivision and subdivision (o) of this note, a tariff provision is a “heading” if its article description is not indented; a provision is a “subheading” if it is designated by 6 digits under the Harmonized Commodity Description and Coding System.
(ii) Reference to weight in the rules set forth in subdivision (o) of this note for goods provided for in chapters 1 through 24 of the tariff schedule means dry weight, unless otherwise specified in the tariff schedule.
(iii) A requirement of a change in tariff classification in subdivision (o) of this note applies only to nonoriginating materials.
(iv) For purposes of applying this note to goods of chapters 6 through 14, inclusive, agricultural and horticultural goods grown in the territory of Panama or of the United States shall be treated as originating therein even if grown from seed, bulbs, rootstock, cuttings, grafts, shoots, buds or other live parts of plants imported from a country other than Panama or the United States.
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(v) For purposes of applying this note to goods of chapters 27 through 40, inclusive (except a good of heading 3823), of the tariff schedule,a good that undergoes a chemical reaction as defined herein shall be treated as an originating good for purposes of this note, notwithstanding any product-specific rules enumerated in this note, provided all other applicable requirements are satisfied. 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 purposes of this note:
(A) dissolving in water or other solvents;
(B) the elimination of solvents including solvent water; or
(C) the addition or elimination of water of crystallization.
(vi) A good of heading in chapters 28 through 40 that satisfies one or more of the provisions enumerated in this subdivision shall be treated as an originating good for purposes of this note, except as otherwise specified in such provisions. Notwithstanding the preceding sentence, a good is an originating good if it meets the applicable change in tariff classification or satisfies the applicable value content requirement specified in the rules of origin in subdivision (o) for such chapters.
(A) A good of chapters 28 through 40 that is subject to purification shall be treated as an originating good provided that the purification occurs in the territory of Panama or of the United States, or both and results in the following:
(1) the elimination of not less than 80 percent of the impurities; or
(2) the reduction or elimination of impurities resulting in a good suitable:
(I) as a pharmaceutical, medicinal, cosmetic, veterinary, or food grade substance;
(II) as a chemical product 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.
(B) A good of chapters 30, 31 or 33 through 40 (except for 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 different essential 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 Panama or of the United States, or both.
(C) A good of chapters 30, 31, 33 or 39 shall be treated as an originating good if the deliberate and controlled modification in particle size of the 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 having different essential physical or chemical characteristics from the input materials, occurs in the territory of Panama or of the United States, or both.
(D) A good of chapters 28 through 38 shall be treated as an originating good if the production of standards materials occurs in the territory of Panama or of the United States, or both. For the purposes of this subdivision, “standards materials” (including standard solutions) are preparations suitable for analytical, calibrating, or referencing uses, having precise degrees of purity or proportions that are certified by the manufacturer.
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(E) A good of chapters 28 through 39 shall be treated as an originating good if the isolation or separation of isomers from mixtures of isomers occurs in the territory of Panama or of the United States, or both.
(F) A good of chapters 28 through 38 that undergoes a change from one classification to another in the territory of Panama or of the United States, or both, as a result of the separation of one or more materials from a man-made mixture shall not be treated as an originating good unless the isolated material underwent a chemical reaction in the territory of Panama or of the United States, or both.
(vii) With respect to textile and apparel goods imported under heading 9822.09.62, the following provisions shall apply:
(A) A textile good of chapters 50 through 60 of the tariff schedule shall be considered to be an originating good under this note if it is wholly formed in the territory of Panama or of the United States, or both, from–
(1) one or more of the fibers, yarns and fabrics listed in U.S. note 39 to subchapter XXII of chapter 98 of the tariff schedule; or
(2) a combination of any of the fibers, yarns and fabrics listed in such U.S. note 39 and one or more fibers, yarns and fabrics that are originating goods 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 and yarns that do not undergo an applicable change in tariff classification set out in subdivision (o) of this note. Any elastomeric yarn contained in such originating yarns referred to in subdivision (A)(2) must be formed in the territory of Panama or of the United States, or both.
(B) An apparel good of chapters 61 or 62 of the tariff schedule shall be considered to be an originating good under this note if it is cut or knit to shape, or both, and sewn or otherwise assembled in the territory of Panama or of 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 39 to subchapter XXII of chapter 98 of the tariff schedule; or
(2) one or more fabrics or knit to shape components formed in the territory of Panama or of the United States, or both, from one or more of the yarns listed in such U.S. note 39; 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 that are originating goods under the terms of this note.
The originating fabrics referred to in subdivision (B)(3) may contain up to 10 percent by weigh tof fibers or yarns that do not undergo an applicable change in tariff classification set out in subdivision (o) of this note. Any elastomeric yarn contained in such originating yarns referred to in subdivision (B)(3) must be formed in the territory of Panama or of the United States, or both.
(C) A textile good of chapter 63 or subheading 9404.90 of the tariff schedule shall be considered to be an originating good if it is cut or knit to shape, or both, and sewn or otherwise assembled in the territory of Panama or of the United States, or both, and if the component that determines the tariff classification of the good is wholly of–
(1) one or more of the fabrics listed in U.S. note 39 to subchapter XXII of chapter 98 of the tariff schedule;
(2) one or more fabrics or knit to shape components formed in the territory of Panama or of the United States, or both, from one or more of the yarns listed in such U.S. note 39; 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 ore more fabrics or knit to shape components that are originating goods under the terms of 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 (o) of this note. Any elastomeric yarn contained in such originating yarns referred to in subdivision (C)(3) must be formed in the territory of Panama or of the United States, or both.
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(D) An apparel good of chapters 61 or 62 shall be considered to be an originating good regardless of the origin of any visible lining fabric described in chapter rule 1 to such chapters in subdivision (o) of this note, narrow fabrics described in chapter rule 3 to such chapters in such subdivision (o), sewing thread described in chapter rule 4 to such chapters in such subdivision (o) or pocketing fabric described in chapter rule 5 to such chapters in such subdivision (o), provided that any such material is identified in U.S. note 39 to subchapter XXII of chapter 98 of the tariff schedule and the good meets all other applicable requirements for preferential treatment under this note.
(o) Product-specific rules. [NOT UPDATED FOR PRES. PROC. 8771]
Chapter 1.
1. A change to headings 0101 through 0106 from any other chapter.
Chapter 2.
1. A change to headings 0201 through 0210 from any other chapter.
Chapter 3.
Chapter rule 1: Fish, crustaceans, molluscs and other aquatic invertebrates of this chapter 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 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.
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.
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.
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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.
1. A change to headings 1001 through 1008 from any other chapter.
Chapter 11.
1. A change to headings 1101 through 1103 from any other chapter.
2. A change to subheading 1104.12 from any other subheading.
3. A change to subheadings 1104.19 through 1104.30 from any other chapter, except from heading 1005.
4. A change to heading 1105 from any other chapter, except from heading 0701.
5. A change to headings 1106 through 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.
Chapter 14.
1. A change to headings 1401 through 1404 from any other chapter.
Chapter 15.
1. A change to headings 1501 through 1510 from any other chapter.
2. A change to heading 1511 from any other chapter, except from subheading 1207.10.
3. A change to headings 1512 through 1518 from any other chapter.
4. A change to heading 1520 from any other heading.
5. A change to headings 1521 through 1522 from any other chapter.
Chapter 16.
1. A change to headings 1601 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.