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(3) salaries and wages, sales commissions, bonuses, benefits (such as medical, insurance and pension benefits), traveling and living expenses, and membership and professional fees for sales promotion, marketing and after-sales services personnel;
(4) product liability insurance;
(5) rent and depreciation of sales promotion, marketing and after-sales service offices and distribution centers;
(6) payments by the producer to other persons for warranty repairs;
(7) if the costs are identified separately for sales promotion, marketing or after-sales services of goods on the financial statements or cost accounts of the producer, the following:
(A) property insurance premiums, taxes utilities and repair and maintenance of sales promotion, marketing andafter-sales service offices and distribution centers;
(B) recruiting and training of sales promotion, marketing and after-sales service personnel, and after-sales training of customers’ employees;
(C) office supplies for sales promotion, marketing and after-sales service of goods;
(D) telephone, mail and other communications.
(xxii) Self-produced material.—The term “self-produced material” means a material that is produced by the producer of a good and used in the production of that good.
(xxiii)Shipping and packing costs.—The term “shipping and packing costs” means the costs incurred in packing a good for shipment and shipping the good from the point of direct shipment to the buyer, excluding the costs of preparing and packaging the good for retail sale.
(xxiv)Territory.—The term “territory” with respect to a USMCA country, has the meaning given that term in section C of chapter 1 of the USMCA, as further defined in subdivision (n) of this note.
(xxv)Total cost.—The term “total cost”—
(1) In general.—The term “total cost”—
(A) means all product costs, period costs and other costs for a good incurred in the territory of one or more USMCA countries; and
(B) does not include—
(I) profits that are earned by the producer of the good, regardless of whether the costs are retained by the producer or paid out to other persons as dividends; or
(II) taxes paid on those profits, including capital gains taxes.
(2) Other definitions.—In this subdivision—
(A) Other costs.—The term “other costs” means all costs recorded on the books of the producer that are not product costs or period costs, such as interest.
(B) Period costs.—The term “period costs” means costs, other than product costs, that are expensed in the period in which they are incurred, such as selling expenses and general and administrative expenses.
(C) Product costs.—The term “product costs” means costs that are associated with the production of a good, including the value of materials, direct labor costs and direct overhead.
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(xxvi)Transaction value.—The term transaction value” means the price—
(1) actually paid or payable for a good or material with respect to a transaction of a producer; and
(2) adjusted in accordance with the principles set forth in paragraphs 1, 3 and 4 of article 8 of the Customs Valuation Agreement.
(xxvii)USMCA country.—The term “USMCA country” means the United States, Canada or Mexico for such time as the USMCA is in force with respect to Canada or Mexico, and the United States applies the USMCA to Canada or Mexico.
(xxviii) Value.—The term “value” means the value of a good or material for purposes of calculating customs duties or applying this note.
(m) Application and interpretation.—In this note:
(i) The basis for any tariff classification is the Harmonized Tariff Schedule of the United States.
(ii) Whenever in this note there is a reference to a chapter, heading, subheading or tariff item, that reference shall be a reference to a chapter, heading, subheading or tariff item (meaning a provision designated by eight digits) of the tariff schedule.
(iii) Any cost or value referred to in this note with respect to a good shall be recorded and maintained in accordance with the generally accepted accounting principles applied in the territory of the USMCA country in which the good is produced.
(iv) For purposes of this note and for purposes of implementing the preferential tariff treatment provided for under the USMCA, except as otherwise provided in this note, a good is an originating good if satisfies all requirements under this note and under regulations issued by the Secretary pursuant to the USMCA.
(v) A rule applicable to a tariff item shall take precedence over a rule applicable to the heading or subheading which is parent to that tariff item.
(vi) A reference to weight in the rules 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.
(vii) A requirement of a change in tariff classification in subdivision (o) of this note applies only to nonoriginating materials.
(n) Interpretation of rules of origin.--For purposes of this note—
(i) Except for a good provided for in any of chapters 61 to 63 of the tariff schedule, a good is an originating good if—
(A) it is produced entirely in the territory of one or more USMCA countries;
(B) one or more of the nonoriginating materials provided for as “parts” in the tariff schedule and used in the production of the good cannot satisfy the requirements set out in subdivision (o) of this note, because—
(1) both the good and its materials are classified in the same subheading or in the same heading that is not further subdivided into subheadings, or
(2) the good was imported into the territory of a USMCA country in an unassembled or a disassembled form but was classified as an assembled good pursuant to general interpretive rule 2(a) of the tariff schedule; and
(C) the regional value content of the good, determined in accordance with subdivision (c) of this note, is not less than 60 percent if the transaction value method is used, or not less than 50 percent if the net cost method is used.
(ii) Non-qualifying operations. Each USMCA country shall provide that a good shall not be considered to be an originating good merely by reason of--
(A) mere dilution with water or another substance that does not materially alter the characteristics of the good; or
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(B) a production or pricing practice in respect of which it may be demonstrated, on the basis of a preponderance of evidence, that the object was to circumvent this note and applicable regulations.
(iii) For the purposes of applying this note to goods of chapters 6 through 14, inclusive, agricultural and horticulturalgoods grown in the territory of a USMCA country shall be treated as originating in territory of that USMCA country even if grown from seed, bulbs, rootstock, cuttings, slips or other live parts of plants imported from a non-USMCA country.
(iv) A good of any heading in chapters 28 through 38, inclusive, that satisfies one or more of the provisions enumerated in this subdivision shall be treated as an originating good, except as otherwise specified in those rules. 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 subdivision (o) of this note.
(A) A good of chapters 28 through 38, except a good of headings 3301 or 3823 or subheadings 2916.32 or 3502.11 through 3502.19, that results from a chemical reaction in the territory of one or more USMCA countries shall be treated as an originating good.
(B) For the purposes of this note, 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 the purposes of determining whether a good is an originating good:
(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 crystallisation.
(C) A good of chapters 28 through 38, except for a good of heading 3301 or subheadings 3502.11 through 3502.19, that is subject to purification is an originating good, provided that the purification occurs in the territory of one or more of the USMCA countries and results in the following:
(1) the elimination of not less than 80 percent of the content of existing impurities; or
(2) the reduction or elimination of impurities resulting in a good suitable for one or more of the following:
(I) as a pharmaceutical, medical, 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 (e.g. in cell culturing, in genetic technology, or as a catalyst),
(VII) as a carrier used in a separation process, or
(VIII)or nuclear grade uses.
(D) A good of chapters 28 through 38, except for a good of chapters 28, 29, or 32, headings 3301 or 3808, or subheadings 3502.11 through 3502.19 is an originating good if the deliberate and proportionally controlled mixing or blending (including dispersing) of materials other than the addition of diluents, to conform to predetermined specifications occurs in the territory of one or more of the USMCA countries, resulting in the production of a good having essential physical or chemical characteristics that are relevant to the purposes or uses of the good and are different from the input materials.
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(E) A good of chapters 28 through 38, except for a good of chapters 28, 29, 32 or 38, heading 3301 or subheadings 3502.11 through 3502.19, is an originating good if the deliberate and controlled modification in particle size of a good, including micronizing by dissolving a polymer and subsequent precipitation, other than by merely crushing or pressing, occurs in the territory of one or more of the USMCA countries, resulting in a good with a defined particle size, defined particle size distribution or defined surface area, that is relevant to the purposes of the resulting good, and having essential physical or chemical characteristics different from the input materials.
(F) A good of chapters 28 through 38, except for a good of heading 3301 or subheadings 3502.11 through 3502.19, is an originating good if the standards material is produced in the territory of one or more of the USMCA countries. For the purposes of this rule, a “standards material” (including a standard solution) is a preparation suitable for analytical, calibrating or referencing uses, having precise degrees of purity or proportions that are certified by the manufacturer.
(G) A good of chapters 28 through 38, except for a good of heading 3301 or subheadings 3502.11 through 3502.19, is an originating good if the isolation or separation of isomers from mixtures of isomers occurs in the territory of one or more of the USMCA countries.
(H) A good of chapters 28 through 38, except for a good of heading 3301 or subheadings 3502.11 through 3502.19, that undergoes a change from one classification to another in the territory of one or more of the USMCA countries 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 one or more of the USMCA countries.
(I) A good of chapters 28 through 38, except for a good of headings 2930 through 2942, chapter 30, heading 3301 or subheadings 3502.11 through 3502.19, is an originating good if it undergoes a biochemical process or one or more of the following processes:
(1) Biological or biotechnological culturing, hybridization or genetic modification of:
(I) Micro-organisms (bacteria, viruses (includes phages) etc.), or
(II) Human, animal or plant cells;
(2) Production, isolation, or purification of cellular or intercellular structures (such as isolated genes, gene fragments, and plasmids); or
(3) Products obtained by fermentation.
(v) A good of any heading in chapters 39 through 40 that satisfies one or more of the provisions enumerated in this subdivision shall be treated as an originating good, except as otherwise specified in those rules. 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 insubdivision (o) of this note.
(A) A good of chapters 39 through 40 that results from a chemical reaction in the territory of one or more of the USMCA countries shall be treated as an originating good.
(B) For the purposes of this rule, 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 n a molecule. The following are not considered to be chemical reactions for the purposes of determining whether a good is anoriginating good under this note:
(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.
(C) A good of chapters 39 through 40 that is subject to purification is an originating good, provided that the purification occurs in the territory of one or more of the USMCA countries and results in the following:
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(1) the elimination of not less than 80 percent of the content of existing impurities; or
(2) the reduction or elimination of impurities resulting in a good suitable for one or more of the following:
(I) as a pharmaceutical, medical, 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 (e.g., in cell culturing, in genetic technology, or as a catalyst),
(VII) as a carrier used in a separation process, or
(VIII)for nuclear grade uses.
(D) A good of chapter 39 is an originating good if the deliberate and proportionally-controlled mixing or blending (including dispersing) of materials, other than the addition of diluents, to conform to predetermined specifications occurs in the territory of one or more of the USMCA countries, resulting in the production of a good having essential physical or chemical characteristics that arerelevant to the purposes or uses of the good and are different from the input materials.
(E) A good of chapters 28 through 38, except for a good of chapters 28, 29, 32 or 38, heading 3301 or subheadings 3502.11 through 3502.19, is an originating good if the deliberate and controlled modification in particle size of a good, including micronizing by dissolving a polymer and subsequent precipitation, other than by merely crushing or pressing, occurs in the territory of one or more of the USMCA countries, resulting in a good with a defined particle size, defined particle size distribution or defined surface area, that is relevant to the purposes of the resulting good, and having essential physical or chemical characteristics different from the input materials.
(F) A good of chapter 39 is an originating good if the standards material is produced in the territory of one or more of the USMCA countries. For the purposes of this note, a “standards material” (including a standard solution) is a preparation suitable for analytical, calibrating or referencing uses, having precise degrees of purity or proportions that are certified by the manufacturer.
(G) A good of chapter 39 is an originating good if the isolation or separation of isomers from mixtures of isomers occurs in the territory of one or more of the USMCA countries.
(H) A good of chapter 39 is an originating good if it undergoes a biochemical process or through one or more of the following processes:
(1) Biological or biotechnological culturing, hybridization, or genetic modification of:
(I) Micro-organisms (bacteria, viruses (includes phages) etc.), or
(II) Human, animal or plant cells;
(2) Production, isolation or purification of cellular or intercellular structures (such as isolated genes, gene fragments and plasmids); or
(3) Fermentation.
(vi) The textile and apparel rules set forth in this note are applied conjunction with subdivision (b) and all other applicable provisions for such goods. For the purposes of these rules, the term “wholly” means that the good is made entirely or solely of the named material.