national means a "natural person who has the nationality of a Party" according to Annex 1-A (Party-Specific Definitions) or a permanent resident of a Party;
originating means qualifying as originating under the rules of origin set out in Chapter 3 (Rules of Origin and Origin Procedures) or Chapter 4 (Textile and Apparel Goods);
Party means any State or separate customs territory for which this Agreement is in force;
person means a natural person or an enterprise;
person of a Party means a national or an enterprise of a Party;
preferential tariff treatment means the customs duty rate applicable to an originating good, pursuant to each Party's Tariff Schedule set out in Annex 2-D (Tariff Commitments),
recovered material means a material in the form of one or more individual parts that results from:
(a) the disassembly of a used good into individual parts; and
(b) the cleaning, inspecting, testing or other processing of those parts as necessary for improvement to sound working condition;
remanufactured good means a good classified in HS Chapters 84 through 90 or under heading 94.02 except goods classified under HS headings 84.18, 85.09, 85.10, and 85.16, 87.03 or subheadings 8414.51, 8450.11, 8450.12, 8508.11, and 8517.11, that is entirely or partially composed of recovered materials and:
(a) has a similar life expectancy and performs the same as or similar to such a good when new; and
(b) has a factory warranty similar to that applicable to such a good when new;
regional level of government has for each Party the meaning set out in Annex 1- A (Party-Specific Definitions),
Safeguards Agreement means the Agreement on Safeguards, sct out in Annex 1A to the WTO Agreement,
sanitary or phytosanitary measure means any measure referred to in paragraph 1 of Annex A to the SPS Agreement;
SCM Agreement means the Agreement on Subsidies and Countervailing Measures, set out in Annex 1A to the WTO Agreement;
SME means a small and medium-sized enterprise, including a micro-sized enterprise;
SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures, sct out in Annex 1A to the WTO Agreement;
state enterprise means an enterprise that is owned, or controlled through ownership interests, by a Party;
subheading means the first six digits in the tariff classification number under the Harmonized System;
territory has for cach Party the meaning set out at Annex 1-A (Party-Specific Definitions);
textile or apparel good means a good listed in Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin);
TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, set out in Annex 1C to the WTO Agreement; (2)
WTO means the World Trade Organization; and
WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on April 15, 1994.
ANNEX 1-A. PARTY-SPECIFIC DEFINITIONS
Further to Article 1.3 (General Definitions), for the purposes of this Agreement, unless provided elsewhere in this Agreement:
central level of government means:
(a) for Australia, the Commonwealth Government;
(b) for Brunei Darussalam, the national level of government;
(c) for Canada, the Government of Canada;
(d) for Chile, the national level of government;
(e) for Japan, the Government of Japan,
(f) for Malaysia, the federal level of government;
(g) for Mexico, the federal level of government;
(h) for New Zealand, the national level of government;
(i) for Peru, the national level of government;
(j) for Singapore, the national level of government;
(k) for the United States, the federal level of government; and
(l) for Viet Nam, the national level of government;
customs administration means:
(a) for Australia, the Department of Immigration and Border Protection;
(b) for Brunei Darussalam, the Royal Customs and Excise Department;
(c) for Canada, the Canada Border Services Agency;
(d) for Chile, the National Customs Service of Chile (Servicio Nacional de Aduanas);
(e) for Japan, the Ministry of Finance;
(f) for Malaysia, the Royal Malaysian Customs Department,
(g) for Mexico, the Ministry of Finance and Public Credit (Secretaria de Hacienda y Crédito Público);
(h) for New Zealand, the New Zealand Customs Service;
(i) for Peru, the National Superintendence of Customs and Tax Administration (Superintendencia Nacional de Aduanas y de Administracion Tributaria),
(j) for Singapore, the Singapore Customs,
(k) for the United States, U.S. Customs and Border Protection; and, with respect to provisions that concern enforcement, information sharing and investigations, this also means U.S. Immigration and Customs Enforcement, as applicable; and
(l) for Viet Nam, the General Department of Viet Nam Customs, or any successor of such customs administration;
natural person who has the nationality of a Party means:
(a) for Australia, a natural person who is an Australian citizen as defined in the Australian Citizenship Act 2007, as amended from time to time, or any successor legislation;
(b) for Brunei Darussalam, a subject of His Majesty the Sultan and Yang Di-Pertuan in accordance with the laws of Brunei Darussalam;
(c) for Canada, a natural person who is a citizen of Canada under Canadian legislation;
(d) for Chile, a Chilean as defined in Article 10 of the Political Constitution of the Republic of Chile (Constitución Política de la Republica de Chile),
(e) for Japan, a natural person who has the nationality of Japan under its laws;
(f) for Malaysia, a natural person who is a citizen of Malaysia in accordance with its laws and regulations;
(g) for Mexico, a person who has the nationality of Mexico in accordance with its applicable laws;
(h) for New Zealand, a natural person who is a citizen as defined in the Citizenship Act 1977, as amended from time to time, or any successor legislation;
(i) for Peru, a natural person who has the nationality of Peru by birth, naturalisation or option in accordance with the Political Constitution of Peru (Constitución Política del Perú) and other relevant domestic legislation;
(j) for Singapore, a person who is a citizen of Singapore within the meaning of its Constitution and its domestic laws;
(k) for the United States, a "national of the United States" as defined in the Immigration and Nationality Act; and
(l) for Viet Nam, a natural person who is a citizen of Viet Nam within the meaning of its Constitution and its domestic laws;
regional level of government means:
(a) for Australia, a state of Australia, the Australian Capital Territory, or the Northern Territory;
(b) for Brunei Darussalam, the term regional level of government is not applicable;
(c) for Canada, a provincial or territorial government;
(d) for Chile, as a unitary Republic, the term regional level of government is not applicable;
(e) for Japan, the term regional level of government is not applicable;
(f) for Malaysia, a State of the Federation of Malaysia in accordance with the Federal Constitution of Malaysia;
(g) for Mexico, a state of the United Mexican States;
(h) for New Zealand, the term regional level of government is not applicable;
(i) for Peru, regional government in accordance with the Political Constitution of Peru (Constitución Política del Perú) and other applicable legislation;
(j) for Singapore, the term regional level of government is not applicable;
(k) for the United States, a state of the United States, the District of Columbia, or Puerto Rico; and
(l) for Viet Nam, the term regional level of government is not applicable; and
territory means:
(a) for Australia, the territory of Australia:
(i) excluding all external territories other than the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands, the Territory of Ashmore and Cartier Islands, the Territory of Heard Island and McDonald Islands, and the Coral Sea Islands Territory; and
(ii) including Australia's air space, territorial sea, contiguous zone, exclusive economic zone and continental shelf over which Australia exercises sovereign rights or jurisdiction in accordance with international law;
(b) for Brunei Darussalam, the land territory, internal waters and territorial sea of Brunei Darussalam, extending to the air space above its territorial sea, as well as to its sea-bed and subsoil over which it exercises sovereignty, and the maritime area beyond its territorial sea, which has been or may hereafter be designated under the laws of Brunei Darussalam in accordance with international law as an area over which Brunei Darussalam exercises sovereign rights and jurisdiction with respect to the seabed, the subsoil and superjacent waters to the seabed and subsoil as well as the natural resources;
(c) for Canada:
(i) the land territory, air space, internal waters and territorial seas of Canada;
(ii) the exclusive economic zone of Canada, as determined by its domestic law, consistent with Part V of the United Nations Convention on the Law of the Sea done at Montego Bay on December 10, 1982 (UNCLOS); and
(iii) the continental shelf of Canada, as determined by its domestic law, consistent with Part VI of UNCLOS;
(d) for Chile, the land, maritime, and air space under its sovercignty, and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international law and its domestic law;
(e) for Japan, the territory of Japan, and all the area beyond its territorial sea, including the sea-bed and subsoil thereof, over which Japan exercises sovereign rights or jurisdiction in accordance with international law including the UNCLOS and the laws and regulations of Japan;
(f) for Malaysia, its land territory, internal waters and territorial sea, as well as any maritime area situated beyond the territorial sea as designated or that might in the future be designated under its national law, in accordance with international law, as an area within which Malaysia exercises sovereign rights and jurisdiction with regards to the seabed, subsoil and superjacent waters to the seabed and subsoil as well as the natural resources;
(g) for Mexico:
(i) the states of the Federation and the Federal District;
(ii) the islands, including the reefs and keys, in the adjacent seas;
(iii) the islands of Guadalupe and Revillagigedo, situated in the Pacific Ocean;
(iv) the continental shelf and the submarine shelf of such islands, keys and reefs;
(v) the waters of the territorial seas, in accordance with international law, and its interior maritime waters;
(vi) the space located above the national territory, in accordance with international law; and
(vii) any areas beyond the territorial seas of Mexico within which, in accordance with international law, including the United Nations Convention on the Law of the Sea done at Montego Bay on December 10, 1982, and its domestic law, Mexico may exercise sovereign rights or jurisdiction;
(h) for New Zealand, the territory of New Zealand and the exclusive economic zone, seabed and subsoil over which it exercises sovereign rights with respect to natural resources in accordance with international law, but does not include Tokelau;
(i) for Peru, the mainland territory, the islands, the maritime areas and the air space above them, under sovereignty or sovereign rights and jurisdiction of Peru, in accordance with the provisions of the Political Constitution of Peru (Constitución Política del Perú) and other relevant domestic law and international law;
(j) for Singapore, its land territory, internal waters and territorial sea, as well as any maritime area situated beyond the territorial sea which has been or might in the future be designated under its national law, in accordance with international law, as an area within which Singapore may exercise sovereign rights or jurisdiction with regards to the sea, the sea-bed, the subsoil and the natural resources;
(k) for the United States:
(i) the customs territory of the United States, which includes the 50 states, the District of Columbia, and Puerto Rico;
(ii) the foreign trade zones located in the United States and Puerto Rico; and
(iii) the territorial sea of the United States and any area beyond the territorial sea within which, in accordance with customary international law as reflected in the United Nations Convention on the Law of the Sea, the United States may exercise sovereign rights or jurisdiction; and
(l) for Viet Nam, the land territory, islands, internal waters, territorial sea, and air space above them, the maritime areas beyond territorial sea including seabed, subsoil and natural resources thereof over which Viet Nam exercises its sovereignty, sovereign rights or jurisdiction in accordance with its domestic laws and international law.
Chapter 2. NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS
Section A. Definitions and Scope
Article 2.1. Definitions
For the purposes of this Chapter:
advertising films and recordings means recorded visual media or audio materials, consisting essentially of images or sound, showing the nature or operation of goods or services offered for sale or lease by a person of a Party, that are of a kind suitable for exhibition to prospective customers but not for broadcast to the general public;
Agreement on Agriculture means the Agreement on Agriculture, set out in Annex 1A to the WTO Agreement;
commercial samples of negligible value means commercial or trade samples: having a value, individually or in the aggregate as shipped, of not more than one US. dollar or the equivalent amount in the currency of another Party; or so marked, torn, perforated or otherwise treated that they are unsuitable for sale or for use except as commercial samples;
consular transactions means requirements that goods of a Party intended for export to the territory of another Party must first be submitted to the supervision of the consul of the importing Party in the territory of the exporting Party for the purpose of obtaining consular invoices or consular visas for commercial invoices, certificates of origin, manifests, shippers' export declarations, or any other customs documentation required on or in connection with importation;
consumed means, with respect to a good:
(a) actually consumed; or
(b) further processed or manufactured:
(i) so as to result in a substantial change in the value, form or use of the good; or
(ii) in the production of another good;
duty-free means free of customs duty;
goods admitted for sports purposes means sports requisites admitted into the territory of the importing Party for use in sports contests, demonstrations or training in the territory of that Party;
goods intended for display or demonstration includes their component parts, ancillary apparatuses and accessories;
import licensing means an administrative procedure requiring the submission of an application or other documentation, other than that generally required for customs clearance purposes, to the relevant administrative body of the importing Party as a prior condition for importation into the territory of that Party;
Import Licensing Agreement means the Agreement on Import Licensing Procedures, set out in Annex 1A to the WTO Agreement;
performance requirement means a requirement that: (a) a given level or percentage of goods or services be exported;
(b) domestic goods or services of the Party granting a waiver of customs duties or an import licence be substituted for imported goods;
(c) a person benefiting from a waiver of customs duties or a requirement for an import licence purchase other goods or services in the territory of the Party that grants the waiver of customs duties or the import licence or accord a preference to domestically produced goods;
(d) a person benefiting from a waiver of customs duties or a requirement for an import licence produce goods or supply services in the territory of the Party that grants the waiver of customs duties or the import licence, with a given level or percentage of domestic content; or
(e) relates in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows,
but does not include a requirement that an imported good be:
(f) subsequently exported;
(g) used as a material in the production of another good that is subsequently exported;
(h) substituted by an identical or similar good used as a material in the production of another good that is subsequently exported; or
(i) substituted by an identical or similar good that is subsequently exported; and
printed advertising materials means those goods classified in Chapter 49 of the Harmonized System, including brochures, pamphlets, leaflets, trade catalogues, yearbooks published by trade associations, tourist promotional materials and posters, that are used to promote, publicise or advertise a good or service, are essentially intended to advertise a good or service, and are supplied free of charge.
Article 2.2. Scope
Unless otherwise provided in this Agreement, this Chapter applies to trade in goods of a Party.
Section B. National Treatment and Market Access for Goods
Article 2.3. National Treatment
1. Each Party shall accord national treatment to the goods of the other Parties in accordance with Article III of GATT 1994, including its interpretative notes, and to this end, Article Il of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.
2. For greater certainty, the treatment to be accorded by a Party under paragraph 1 means, with respect to a regional level of government, treatment no less favourable than the most favourable treatment that the regional level of government accords to any like, directly competitive or substitutable goods, as the case may be, of the Party of which it forms a part.
3. Paragraph 1 shall not apply to the measures set out in Annex 2-A (National Treatment and Import and Export Restrictions).
Article 2.4. Elimination of Customs Duties
1. Unless otherwise provided in this Agreement, no Party shall increase any existing customs duty, or adopt any new customs duty, on an originating good.
2. Unless otherwise provided in this Agreement, each Party shall progressively eliminate its customs duties on originating goods in accordance with its Schedule to Annex 2-D (Tariff Commitments).
3. On request of any Party, the requesting Party and one or more other Parties shall consult to consider accelerating the elimination of customs duties set out in their Schedules to Annex 2-D (Tariff Commitments).
4. An agreement between two or more of the Parties to accelerate the elimination of a customs duty on an originating good shall supersede any duty rate or staging category determined pursuant to those Parties' Schedules to Annex 2-D (Tariff Commitments) for that good once approved by each Party to that agreement in accordance with its applicable legal procedures. The parties to that agreement shall inform the other Parties as early as practicable before the new rate of customs duty takes effect.
5. A Party may at any time unilaterally accelerate the elimination of customs duties set out in its Schedule to Annex 2-D (Tariff Commitments) on originating goods of one or more of the other Parties. A Party shall inform the other Parties as early as practicable before the new rate of customs duty takes effect.