NAFTA Rules of Origin Regulations - Regulations Amending

 
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Vol. 143, No. 14 — July 08, 2009

Registration

SOR/2009-188 June 18, 2009

CUSTOMS TARIFF

Regulations Amending the NAFTA Rules of Origin Regulations P.C. 2009-994 June 18, 2009

Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 16(4) of the Customs Tariff, hereby makes the annexed Regulations Amending the NAFTA Rules of Origin Regulations.

REGULATIONS AMENDING THE NAFTA RULES OF ORIGIN REGULATIONS

AMENDMENTS

  1. Paragraph 5(4)(i) of the NAFTA Rules of Origin Regulations is replaced by the following:

    (i) a non-originating material that is used in the production of any of non-portable gas stoves or ranges of subheading 7321.11 or 7321.19, subheadings 8415.10, 8415.20 through 8415.83, 8418.10 through 8418.21, household type, refrigerators, other than electrical absorption type, of subheading 8418.29, subheadings 8418.30 through 8418.40, 8421.12, 8422.11, 8450.11 through 8450.20 and 8451.21 through 8451.29 and tariff item Nos. 8479.89.41, 8479.89.49 and 8516.60.20;

  2. Subparagraph 6(6)(d)(iv) of the Regulations is replaced by the following:

    (iv) a good of heading 84.69;

  3. Subsection 16(3) of the Regulations is replaced by the following:

    (3) Subsection (1) does not apply with respect to

    (a) a “smart card” of subheading 8523.52 containing a single integrated circuit, where any further production or other operation that that good undergoes outside the territories of the NAFTA countries does not result in a change in the tariff classification of the good to any other subheading;

    (b) a good of any of subheadings 8541.10 through 8541.60 or 8542.31 through 8542.39, where any further production or other operation that that good undergoes outside the territories of the NAFTA countries does not result in a change in the tariff classification of the good to a subheading outside of that group;

    (c) an electronic microassembly of subheading 8543.90, where any further production or other operation that that good undergoes outside the territories of the NAFTA countries does not result in a change in the tariff classification of the good to any other subheading; or

    (d) an electronic microassembly of subheading 8548.90, where any further production or other operation that that good undergoes outside the territories of the NAFTA countries does not result in a change in the tariff classification of the good to any other subheading.

  4. Chapter 7 of Section II of Schedule I to the Regulations is amended by adding the following before the rule applicable to headings 07.01 through 07.14:

      Note:

    Notwithstanding paragraph 5(4)(l), subsection 5(1) of these Regulations applies to non-originating truffles of subheading 0709.59 used in the production of mixtures of mushrooms and truffles of subheading 0709.59 and non-originating capers of subheading 0711.90 used in the production of mixtures of vegetables of subheading 0711.90.

  5. Chapter 8 of Section II of Schedule I to the Regulations is amended by adding the following before the rule applicable to headings 08.01 through 08.14:

      Note:

    Notwithstanding paragraph 5(4)(l), subsection 5(1) of these Regulations does not apply to non-originating macadamia nuts of subheading 0802.60 used in the production of mixtures of nuts of subheading 0802.90.

  6. Subheading 0906.10 and the rule applicable to it in Chapter 9 of Section II of Schedule I to the Regulations are replaced by the following:

    0906.11-0906.19

      A change to subheadings 0906.11 through 0906.19 from any other chapter.

  7. Subheadings 0910.40, 0910.50 through 0910.91 and 0910.99 and the rules applicable to them in Chapter 9 of Section II of Schedule I to the Regulations are replaced by the following:

    0910.91

      A change to subheading 0910.91 from any other subheading.

    0910.99

    Note:

    Notwithstanding paragraph 5(4)(l), subsection 5(1) of these Regulations applies to non-originating thyme, bay leaves or curry of subheading 0910.99 used in the production of mixtures of subheading 0910.99.

      (1)

    A change to dill(seeds, crushed or ground, of subheading 0910.99 from dill(seeds, neither crushed nor ground, of subheading 0910.99 or any other chapter;

      (2)

    A change to curry of subheading 0910.99 from any other good of subheading 0910.99 or any other subheading; or

      (3)

    A change to any other good of subheading 0910.99 from any other chapter.

  8. Subheadings 1207.10 through 1207.60 and the rule applicable to them in Chapter 12 of Section II of Schedule I to the Regulations are replaced by the following:

    1207.20-1207.50

      A change to subheadings 1207.20 through 1207.50 from any other chapter.

  9. Chapter 12 of Section II of Schedule I to the Regulations is amended by adding the following before the rule applicable to headings 12.08 through 12.14:

      Note:

    Notwithstanding paragraph 5(4)(l), subsection 5(1) of these Regulations applies to non-originating timothy grass(seed when used in the production of mixtures of subheading 1209.29.

  10. Chapter 13 of Section II of Schedule I to the Regulations is amended by adding the following before the rule applicable to subheadings 1302.11 through 1302.32:

      Note:

    Notwithstanding paragraph 5(4)(l), subsection 5(1) of these Regulations applies to non-originating saps and extracts of pyrethrum or of the roots of plants containing rotenone when used in the production of goods of subheading 1302.19

  11. Chapter 20 of Section IV of Schedule I to the Regulations is amended by adding the following before the rule applicable to headings 20.01 through 20.07:

      Note:

    Notwithstanding paragraph 5(4)(l), subsection 5(1) of these Regulations does not apply to non-originating bamboo shoots of subheading 2005.91 used in the production of mixtures of vegetables of subheading 2005.99.

  12. Subheadings 2809.10 through 2814.20 and the rule applicable to them in Chapter 28 of Section VI of Schedule I to the Regulations are replaced by the following:

    2809.10-2810.00

      A change to subheadings 2809.10 through 2810.00 from any other subheading, including another subheading within that group.

    2811.11-2811.22

      A change to subheadings 2811.11 through 2811.22 from any other subheading, including another subheading within that group.

    2811.29

    (1)

    A change to sulphur dioxide of subheading 2811.29 from any other good of subheading 2811.29 or any other subheading; or

      (2)

    A change to any other good of subheading 2811.29 from sulphur dioxide of subheading 2811.29 or any other subheading.

    2812.10-2814.20

      A change to subheadings 2812.10 through 2814.20 from any other subheading, including another subheading within that group.

  13. Subheadings 2824.10 through 2824.90, 2825.10 through 2826.90 and 2827.10 through 2827.36 and the rules applicable to them in Chapter 28 of Section VI of Schedule I to the Regulations are replaced by the following:

    2824.10

    (1)

    A change to subheading 2824.10 from any other heading; or

      (2)

    A change to subheading 2824.10 from subheading 2824.90, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

        (a) 60 per cent where the transaction value method is used, or

        (b) 50 per cent where the net cost method is used.

    2824.90

    (1)

    A change to subheading 2824.90 from any other heading;

      (2)

    A change to red lead or orange lead of subheading 2824.90 from any other good of subheading 2824.90 or subheading 2824.10, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

        (a) 60 per cent where the transaction value method is used, or

        (b) 50 per cent where the net cost method is used; or

      (3)

    A change to any other good of subheading 2824.90 from red lead or orange lead of subheading 2824.90 or subheading 2824.10, whether or not there is also a change from any other heading, provided there is a regional value content of not less than:

        (a) 60 per cent where the transaction value method is used, or

        (b) 50 per cent where the net cost method is used.

    2825.10-2825.90

      A change to subheadings 2825.10 through 2825.90 from any other subheading, including another subheading within that group.

    2826.12

      A change to subheading 2826.12 from any other subheading.

    2826.19

    (1)

    A change to fluorides of ammonium or of sodium of subheading 2826.19 from any other good of subheading 2826.19 or any other subheading; or

      (2)

    A change to any other good of subheading 2826.19 from fluorides of ammonium or of sodium of subheading 2826.19 or any other subheading.

    2826.30

      A change to subheading 2826.30 from any other subheading.

    2826.90

    (1)

    A change to fluorosilicates of sodium or of potassium of subheading 2826.90 from any other good of subheading 2826.90 or any other subheading; or

      (2)

    A change to any other good of subheading 2826.90 from fluorosilicates of sodium or of potassium of subheading 2826.90 or any other subheading.

    2827.10-2827.35

      A change to subheadings 2827.10 through 2827.35 from any other subheading, including another subheading within that group.

  14. The rules applicable to subheading 2827.39 in Chapter 28 of Section VI of Schedule I to the Regulations are replaced by the following:

      (1)

    A change to barium, iron, cobalt or zinc chlorides of subheading 2827.39 from other chlorides of subheading 2827.39 or any other subheading; or

      (2)

    A change to other chlorides of subheading 2827.39 from barium, iron, cobalt or zinc chlorides of subheading 2827.39 or any other subheading.

  15. Subheadings 2830.10 through 2833.40 and the rule applicable to them in Chapter 28 of Section VI of Schedule I to the Regulations are replaced by the following:

    2830.10

      A change to subheading 2830.10 from any other subheading.

    2830.90

    (1)

    A change to zinc or cadmium sulphide of subheading 2830.90 from any other good of subheading 2830.90 or any other subheading; or

      (2)

    A change to any other good of subheading 2830.90 from zinc or cadmium sulphide of subheading 2830.90 or any other subheading.

    2831.10-2832.30

      A change to subheadings 2831.10 through 2832.30 from any other subheading, including another subheading within that group.

    2833.11-2833.27

     ...

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