North American Free Trade Agreement (NAFTA) (1992)
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8. For purposes of calculating the net cost of a good under paragraph 3, the producer of the good may:

a) calculate the total cost incurred with respect to all goods produced by that producer, subtract any sales promotion, marketing and aftersales service costs, royalties, shipping and packing costs, and non-allowable interest costs that are included in the total cost of all such goods, and then reasonably allocate the resulting net cost of those goods to the good,

b) calculate the total cost incurred with respect to all goods produced by that producer, reasonably allocate the total cost to the good, and then subtract any sales promotion, marketing and aftersales service costs, royalties, shipping and packing costs and non allowable interest costs that are included in the portion of the total cost allocated to the good, or

c) reasonably allocate each cost that forms part of the total cost incurred with respect to the good so that the aggregate of these costs does not include any sales promotion, marketing and aftersales service costs, royalties, shipping and packing costs, and non-allowable interest costs,

provided that the allocation of all such costs is consistent with the provisions regarding the reasonable allocation of costs set out in the Uniform Regulations, established under Article 511 (Customs Procedures Uniform Regulations).

9. Except as provided in paragraph 11, the value of a material used in the production of a good shall:

a) be the transaction value of the material determined in accordance with Article 1 of the Customs Valuation Code; or

b) in the event that there is no transaction value or the transaction value of the material is unacceptable under Article 1 of the Customs Valuation Code, be determined in accordance with Articles 2 through 7 of the Customs Valuation Code; and

c) where not included under subparagraph (a) or (b), include

(i) freight, insurance, packing and all other costs incurred in transporting the material to the location of the producer,

(ii) duties, taxes and customs brokerage fees on the material paid in the territory of one or more of the Parties, and

(iii) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or byproduct.

10. Except as provided in Article 403(1), any self-produced material, other than a component identified in Annex 403.2, that is used in the production of a good may be designated by the producer of the good as an intermediate material for the purpose of calculating the regional value content of the good under paragraph 2 or 3, provided that where the intermediate material is subject to a regional value-content requirement used in the production of that intermediate material may itself be designated by the producer as an intermediate material.

11. The value of an intermediate material shall be:

a) the total cost incurred with respect to all goods produced by the producer of the good that can be reasonably allocated to that intermediate material; or

b) the aggregate of each cost that forms part of the total cost incurred with respect to that intermediate material that can be reasonably allocated to that intermediate material.

12. The value of an indirect material shall be based on the Generally Accepted Accounting Principles applicable in the territory of the Party in which the good is produced.

Article 403. Automotive Goods

1. For purposes of calculating the regional value content under the net cost method set out in Article 402(3) for:

a) a good that is a motor vehicle provided for in tariff item 8702.10.bb or 8702.90.bb (vehicles for the transport of 15 or fewer persons), or subheading 8703.21 through 8703.90, 8704.21 or 8704.31, or

b) a good provided for in the tariff provisions listed in Annex 403.1 where the good is subject to a regional value-content requirement and is for use as original equipment in the production of a good provided for in tariff item 8702.10.bb or 8702.90.bb (vehicles for the transport of 15 or fewer persons), or subheading 8702.xx, 8703.21 through 8703.90, 8704.21 or 8704.31, the value of non-originating materials used by the producer in the production of the good shall be the sum of the values of non-originating materials, determined in accordance with Article 402(9) at the time the non-originating materials are received by the first person in the territory of a Party who takes title to them, that are imported from outside the territories of the Parties under the tariff provisions listed in Annex 403.1 and that are used in the production of the good or that are used in the production of any material used in the production of the good.

2. For purposes of calculating the regional value content under the net cost method set out in Article 402(3) for a good that is a motor vehicle provided for in heading 87.01, tariff item 8702.10.aa or 8702.90.aa (vehicles for the transport of 16 or more persons), subheading 8704.10, 8704.22, 8704.23, 8704.32 or 8704.90, or heading 87.05 or 87.06, or for a component identified in Annex 403.2 for use as original equipment in the production of the motor vehicle, the value of non-originating materials used by the producer in the production of the good shall be the sum of:

a) for each material used by the producer listed in Annex 403.2, whether or not produced by the producer, at the choice of the producer and determined in accordance with Article 402, either

(i) the value of such material that is non originating, or

(ii) the value of non-originating materials used in the production of such material; and

b) the value of any other non-originating material used by the producer that is not listed in Annex 403.2, determined in accordance with Article 402.

3. For purposes of calculating the regional value content of a motor vehicle identified in paragraph 1 or 2, the producer may average its calculation over its fiscal year, using any one of the following categories, on the basis of either all motor vehicles in the category or only those motor vehicles in the category that are exported to the territory of one or more of the other Parties:

a) the same model line of motor vehicles in the same class of vehicles produced in the same plant in the territory of a Party;

b) the same class of motor vehicles produced in the same plant in the territory of a Party;

c) the same model line of motor vehicles produced in the territory of a Party; or

d) if applicable, the basis set out in Annex 403.3.

4. For purposes of calculating the regional value content for any or all goods provided for in a tariff provision listed in Annex 403.1, or a component or material identified in Annex 403.2, produced in the same plant, the producer of the good may:

a) average its calculation 

(i) over the fiscal year of the motor vehicle producer to whom the good is sold,

(ii) over any quarter or month, or

(iii) over its fiscal year, if the good is sold as an aftermarket part;

b) calculate the average referred to in subparagraph (a) separately for any or all goods sold to one or more motor vehicle producers; or

c) with respect to any calculation under this paragraph, calculate separately those goods that are exported to the territory of one or more of the Parties.

5. Notwithstanding Annex 401, and except as provided in paragraph 6, the regional value-content requirement shall be:

a) for a producer's fiscal year beginning on the day closest to January 1, 1998 and thereafter, 56 percent under the net cost method, and for a producer's fiscal year beginning on the day closest to January 1, 2002 and thereafter, 62.5 percent under the net cost method, for

(i) a good that is a motor vehicle provided for in tariff item 8702.10.bb or 8702.90.bb (vehicles for the transport of 15 or fewer persons), or subheading 8703.21 through 8703.90, 8704.21 or 8704.31, and

(ii) a good provided for in heading 84.07 or 84.08, or subheading 8708.40, that is for use in a motor vehicle identified in subparagraph (a)(i); and

b) for a producer's fiscal year beginning on the day closest to January 1, 1998 and thereafter, 55 percent under the net cost method, and for a producer's fiscal year beginning on the day closest to January 1, 2002 and thereafter, 60 percent under the net cost method, for

(i) a good that is a motor vehicle provided for in a tariff item 8702.10.aa or 8702.90.aa (vehicles for the transport of 15 or fewer persons), or subheading 8703.21 through 8703.21 through 8703.90, 8704.21 or 8704.31, and

(ii) a good provided for in heading 84.07 or 84.08 or subheading 8708.40 that is for use in a motor vehicle identified in subparagraph (b)(i), and (ii) except for a good identified in subparagraph (a)(ii) or provided for in subheading 8482.10 through 8482.80, 8483.20 or 8483.30, a good identified in Annex 403.1 that is subject to a regional value content requirement and that is for use in a motor vehicle identified in subparagraphs (a)(i) or (b)(i).

6. The regional value-content requirement for a motor vehicle identified in Article 403(1) or 403(2) shall be: a) 50 percent for five years after the date on which the first motor vehicle prototype is produced in a plant by a motor vehicle assembler, if 

(i) it is a motor vehicle of a class, or marque, or, except for a motor vehicle identified in Article 403(2), size category and underbody, not previously produced by the motor vehicle assembler in the territory of any of the Parties,

(ii) the plant consists of a new building in which the motor vehicle is assembled, and

(iii) the plant contains substantially all new machinery that is used in the assembly of the motor vehicle; or

b) 50 percent for two years after the date on which the first motor vehicle prototype is produced at a plant following a refit, if it is a different motor vehicle of a class, or marque, or, except for a motor vehicle identified in Article 403(2), size category and underbody, than was assembled by the motor vehicle assembler in the plant before the refit.

Article 404. Accumulation

1. For purposes of determining whether a good is an originating good, the production of the good in the territory of one or more of the Parties by one or more producers shall, at the choice of the exporter or producer of the good for which preferential tariff treatment is claimed, be considered to have been performed in the territory of any of the Parties by that exporter or producer, provided that:

a) all non-originating materials used in the production of the good undergo an applicable tariff classification change set out in Annex 401, and the good satisfies any applicable regional value-content requirement, entirely in the territory of one or more of the Parties; and

b) the good satisfies all other applicable requirements of this Chapter.

2. For purposes of Article 402(10), the production of a producer that chooses to accumulate its production with that of other producers under paragraph 1 shall be considered to be the production of a single producer.

Article 405. De Minimis

1. Except as provided in paragraphs 3 through 6, a good shall be considered to be an originating good if the value of all non-originating materials used in the production of the good that do not undergo an applicable change in tariff classification set out in Annex 401 is not more than seven percent of the transaction value of the good, adjusted to a F.O.B. basis, or, if the transaction value of the good is unacceptable under Article 1 of the Customs Valuation Code, the value of all such non-originating materials is not more than seven percent of the total cost of the good, provided that:

a) if the good is subject to a regional value-content requirement, the value of such non-originating materials shall be taken into account in calculating the regional value content of the good; and

b) the good satisfies all other applicable requirements of this Chapter.

2. A good that is otherwise subject to a regional value-content requirement shall not be required to satisfy such requirement if the value of all non-originating materials used in the production of the good is not more than seven percent of the transaction value of the good, adjusted to a F.O.B. basis, or, if the transaction value of the good is unacceptable under Article 1 of the Customs Valuation Code, the value of all non-originating materials is not more than seven percent of the total cost of the good, provided that the good satisfies all other applicable requirements of this Chapter.

3. Paragraph 1 does not apply to:

a) a non-originating material provided for in Chapter 4 of the Harmonized System or tariff item 1901.90.aa (dairy preparations containing over 10 percent by weight of milk solids) that is used in the production of a good provided for in Chapter 4 of the Harmonized System;

b) a non-originating material provided for in Chapter 4 of the Harmonized System or tariff item 1901.90.aa (dairy preparations containing over 10 percent by weight of milk solids) that is used in the production of a good provided for in tariff item 1901.10.aa (infant preparations containing over 10 percent by weight of milk solids), 1901.20.aa (mixes and doughs, containing over 25 percent by weight of butterfat, not put up for retail sale), 1901.90.aa (dairy preparations containing over 10 percent by weight of milk solids), heading 21.05, or tariff item 2106.90.dd (preparations containing over 10 percent by weight of milk solids), 2202.90.cc (beverages containing milk) or 2309.90.aa (animal feeds containing over 10 percent by weight of milk solids);

c) a non-originating material provided for in heading 08.05 or subheading 2009.11 through 2009.30 that is used in the production of a good provided for in subheading 2009.11 through 2009.30 or tariff item 2106.90.bb (concentrated fruit or vegetable juice of any single fruit or vegetable, fortified with minerals or vitamins) or 2202.90.aa (fruit or vegetable juice of any single fruit or vegetable, fortified with minerals or vitamins);

d) a non-originating material provided for in Chapter 9 of the Harmonized System that is used in the production of a good provided for in tariff item 2101.10.aa (instant coffee, not flavored);

e) a non-originating material provided for in Chapter 15 of the Harmonized System that is used in the production of a good provided for in heading 15.01 through 15.08, 15.12, 15.14 or 15.15;

f) a non-originating material provided for in heading 17.01 that is used in the production of a good provided for in heading 17.01 through 17.03;

g) a non-originating material provided for in Chapter 17 of the Harmonized System or heading 18.05 that is used in the production of a good provided for in subheading 1806.10;

h) a non-originating material provided for in heading 22.03 through 22.08 that is used in the production of a good provided for in heading 22.07 through 22.08;

i) a non-originating material used in the production of a good provided for in tariff item 7321.11.aa (gas stove or range), subheading 8415.10, 8415.81 through 8415.83, 8418.10 through 8418.21, 8418.29 through 8418.40, 8421.12, 8422.11, 8450.11 through 8450.20 or 8451.21 through 8451.29, Mexican tariff item 8479.82.aa (trash compactors) or Canadian or US. tariff item 8479.89.aa (trash compactors), or tariff item 8516.60.aa (electric stove or range); and

j) a printed circuit assembly that is a non-originating material used in the production of a good where the applicable change in tariff classification for the good, as set out in Annex 401, places restrictions on the use of such non-originating material.

4. Paragraph 1 does not apply to a non-originating single juice ingredient provided for in heading 20.09 that is used in the production of a good provided for in subheading 2009.90, or tariff item 2106.90.cc (concentrated mixtures of fruit or vegetable juice, fortified with minerals or vitamins) or 2202.90.bb (mixtures of fruit or vegetable juices, fortified with minerals or vitamins).

5. Paragraph 1 does not apply to a non-originating material used in the production of a good provided for in Chapter 1 through 27 of the Harmonized System unless the non-originating material is provided for in a different subheading than the good for which origin is being determined under this Article.

6. A good provided for in Chapter 50 through 63 of the Harmonized System that does not originate because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 401, shall nonetheless be considered to originate if the total weight of all such fibers or yarns in that component is not more than seven percent of the total weight of that component.

Article 406. Fungible Goods and Materials for Purposes of Determining Whether a Good Is an Originating Good:

a) where originating and non-originating fungible materials are used in the production of a good, the determination of whether the materials are originating need not be made through the identification of any specific fungible material, but may be determined on the basis of any of the inventory management methods set out in the Uniform Regulations; and

b) where originating and non-originating fungible goods are commingled and exported in the same form, the determination may be made on the basis of any of the inventory management methods set out in the Uniform Regulations.

Article 407. Accessories, Spare Parts and Tools

Accessories, spare parts or tools delivered with the good that form part of the good's standard accessories, spare parts, or tools, shall be considered as originating if the good originates and shall be disregarded in determining whether all the nonoriginating materials used in the production of the good undergo the applicable change in tariff classification set out in Annex 401, provided that:

a) the accessories, spare parts or tools are not invoiced separately from the good,

b) the quantities and value of the accessories, spare parts or tools are customary for the good; and

c) if the good is subject to a regional value-content requirement, the value of the accessories, spare parts or tools shall be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good.

Article 408. Indirect Materials

An indirect material shall be considered to be an originating material without regard to where it is produced.

Article 409. Packaging Materials and Containers for Retail Sale

Packaging materials and containers in which a good is packaged for retail sale shall, if classified with the good, be disregarded in determining whether all the nonoriginating materials used in the production of the good undergo the applicable change in tariff classification set out in Annex 401, and, if the good is subject to a regional valuecontent requirement, the value of such packaging materials and containers shall be taken into account as originating or non originating materials, as the case may be, in calculating the regional value content of the good.

Article 410. Packing Materials and Containers for Shipment

Packing materials and containers in which the good is packed for shipment shall be disregarded in determining whether:

a) the nonoriginating materials used in the production of the good undergo an applicable change in tariff classification set out in Annex 401; and

b) the good satisfies a regional valuecontent requirement.

Article 411. Trans-shipment

A good shall not be considered to be an originating good by reason of having undergone production that satisfies the requirements of Article 401 if, subsequent to that production, the good undergoes further production or any other operation outside the territories of the Parties, other than unloading, reloading or any other operation necessary to preserve it in good condition or to transport the good to the territory of a Party.

Article 412. Non-Qualifying Operations

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

(b) any 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 Chapter.

Article 413. Interpretation and Application

For purposes of this Chapter:

a) the basis for tariff classification in this Chapter is the Harmonized System;

b) where a good referred to by a tariff item number is described in parentheses following the tariff item number, the description is provided for purposes of reference only;

c) where applying Article 401(d), the determination of whether a heading or subheading under the Harmonized System provides for and specifically describes both a good and its parts shall be made on the basis of the nomenclature of the heading or subheading, or the General Rules of Interpretation, the Chapter Notes or the Section Notes of the Harmonized System;

d) in applying the Customs Valuation Code under this Chapter,

(i) the principles of the Customs Valuation Code shall apply to domestic transactions, with such modifications as may be required by the circumstances, as would apply to international transactions,

(ii) the provisions of this Chapter shall take precedence over the Customs Valuation Code to the extent of any difference, and

(iii) the definitions in Article 415 shall take precedence over the definitions in the Customs Valuation Code to the extent of any difference; and

c) all costs referred to in this Chapter shall be recorded and maintained in accordance with the Generally Accepted Accounting Principles applicable in the territory of the Party in which the good is produced.

Article 414. Consultation and Modifications

1. The Parties shall consult regularly to ensure that this Chapter is administered effectively, uniformly and consistently with the spirit and objectives of this Agreement, and shall cooperate in the administration of this Chapter in accordance with Chapter Five.

2. Any Party that considers that this Chapter requires modification to take into account developments in production processes or other matters may submit a proposed modification along with supporting rationale and any studies to the other Parties for consideration and any appropriate action under Chapter Five.

Article 415. Definitions

For purposes of this Chapter:

class of motor vehicles means any one of the following categories of motor vehicles:

a) motor vehicles provided for in subheading 8701.20, tariff item 8702.10.aa or 8702.90.aa (vehicles for the transport of 16 or more persons), subheading 8704.10, 8704.22, 8704.23, 8704.32 or 8704.90, or heading 87.05 and 87.06;

b) motor vehicles provided for in subheading 8701.10 or 8701.30 through 8701.90;

c) motor vehicles provided for in tariff item 8702.10.bb or 8702.90.bb (vehicles for the transport of 15 or fewer persons), or subheading 8704.21 and 8704.31; or

d) motor vehicles provided for in subheading 8703.21 through 8703.90;

F.O.B. means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer;

fungible goods or fungible materials means goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical;

goods wholly obtained or produced entirely in the territory of one or more of the Parties means:

a) mineral goods extracted in the territory of one or more of the Parties;

b) vegetable goods, as such goods are defined in the Harmonized System, harvested in the territory of one or more of the Parties;

c) live animals born and raised in the territory of one or more of the Parties;

d) goods obtained from hunting, trapping or fishing in the territory of one or more of the Parties;

e) goods (fish, shellfish and other marine life) taken from the sea by vessels registered or recorded with a Party and flying its flag;

f) goods produced on board factory ships from the goods referred to in subparagraph (e) provided such factory ships are registered or recorded with that Party and fly its flag;

g) goods taken by a Party or a person of a Party from the seabed or beneath the seabed outside territorial waters, provided that a Party has rights to exploit such seabed;

h) goods taken from outer space, provided they are obtained by a Party or a person of a Party and not processed in a non-Party;

i) waste and scrap derived from

(i) production in the territory of one or more of the Parties, or

(ii) used goods collected in the territory of one or more of the Parties, provided such goods are fit only for the recovery of raw materials; and

(j) goods produced in the territory of one or more of the Parties exclusively from goods referred to in subparagraphs (a) through (i), or from their derivatives, at any stage of production;

identical or similar goods means "identical goods" and "similar goods", respectively, as defined in the Customs Valuation Code;

indirect material means a good used in the production, testing or inspection of a good but not physically incorporated into the good, or a good used in the maintenance of buildings or the operation of equipment associated with the production of a good, including:

a) fuel and energy;

b) tools, dies and molds;

c) spare parts and materials used in the maintenance of equipment and buildings;

d) lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings;

e) gloves, glasses, footwear, clothing, safety equipment and supplies;

f) equipment, devices, and supplies used for testing or inspecting the goods;

g) catalysts and solvents; and

h) any other goods that are not incorporated into the good but whose use in the production of the good can reasonably be demonstrated to be a part of that production;

intermediate material means a material that is self-produced and used in the production of a good, and designated pursuant to Article 402(10);

Marque means the trade name used by a separate marketing division of a motor vehicle assembler;

material means a good that is used in the production of another good, and includes a part or an ingredient;

model line means a group of motor vehicles having the same platform or model name;

motor vehicle assembler means a producer of motor vehicles and any related persons or joint ventures in which the producer participates;

new building means a new construction, including at least the pouring or construction of new foundation and floor, the erection of a new structure and roof, and installation of new plumbing, electrical and other utilities to house a complete vehicle assembly process;

net cost means total cost minus sales promotion, marketing and aftersales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the total cost;

non-allowable interest costs means interest costs incurred by a producer that exceed 700 basis points above the applicable federal government interest rate identified in the Uniform Regulations for comparable maturities;

non-originating good or non-originating material means a good or material that does not qualify as originating under this Chapter;

  • Part   One GENERAL PART 1
  • Chapter   One OBJECTIVES 1
  • Article   101 Establishment of the Free Trade Area 1
  • Article   102 Objectives 1
  • Article   103 Relation to other Agreements 1
  • Article   104 Relation to Environmental and Conservation Agreements 1
  • Article   105 Extent of Obligations 1
  • Annex 104.1  Bilateral and Other Environmental and Conservation Agreements 1
  • Chapter   Two GENERAL DEFINITIONS 1
  • Article   201 Definitions of General Application 1
  • Annex 201.1  Country-Specific Definitions 1
  • Part   Two TRADE IN GOODS 1
  • Chapter   Three NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   300 Scope and Coverage 1
  • Section   A National Treatment 1
  • Article   301 National Treatment 1
  • Section   B Tariffs 1
  • Article   302 Tariff Elimination 1
  • Article   303 Restriction on Drawback and Duty Deferral Programs 1
  • Article   304 Waiver of Customs Duties 1
  • Article   305 Temporary Admission of Goods 1
  • Article   306 Duty-Free Entry of Certain Commercial Samples and Printed Advertising Materials 2
  • Article   307 Goods Re-Entered after Repair or Alteration 2
  • Article   308 Most-Favored-Nation Rates of Duty on Certain Goods 2
  • Section   C Non-Tariff Measures 2
  • Article   309 Import and Export Restrictions 2
  • Article   310 Customs User Fees 2
  • Article   311 Country of Origin Marking 2
  • Article   312 Wine and Distilled Spirits 2
  • Article   313 Distinctive Products 2
  • Article   314 Export Taxes 2
  • Article   315 Other Export Measures 2
  • Section   D Consultations 2
  • Article   316 Consultations and Committee on Trade In Goods 2
  • Article   317 Third Country Dumping 2
  • Section   E Definitions 2
  • Article   318 Definitions 2
  • Chapter   Four RULES OF ORIGIN 2
  • Article   401 Originating Goods 2
  • Article   402 Regional Value Content 2
  • Article   403 Automotive Goods 3
  • Article   404 Accumulation 3
  • Article   405 De Minimis 3
  • Article   406 Fungible Goods and Materials for Purposes of Determining Whether a Good Is an Originating Good: 3
  • Article   407 Accessories, Spare Parts and Tools 3
  • Article   408 Indirect Materials 3
  • Article   409 Packaging Materials and Containers for Retail Sale 3
  • Article   410 Packing Materials and Containers for Shipment 3
  • Article   411 Trans-shipment 3
  • Article   412 Non-Qualifying Operations 3
  • Article   413 Interpretation and Application 3
  • Article   414 Consultation and Modifications 3
  • Article   415 Definitions 3
  • Chapter   Five CUSTOMS PROCEDURES 4
  • Section   A Certification of Origin 4
  • Article   501 Certificate of Origin 4
  • Article   502 Obligations Regarding Importations 4
  • Article   503 Exceptions 4
  • Article   504 Obligations Regarding Exportations 4
  • Section   B Administration and Enforcement 4
  • Article   505 Records 4
  • Article   506 Origin Verifications 4
  • Article   507 Confidentiality 4
  • Article   508 Penalties 4
  • Section   C Advance Rulings 4
  • Article   509 Advance Rulings 4
  • Section   D Review and Appeal of Origin Determinations and Advance Rulings 5
  • Article   510 Review and Appeal 5
  • Section   E Uniform Regulations 5
  • Article   511 Uniform Regulations 5
  • Section   F Cooperation 5
  • Article   512 Cooperation 5
  • Article   513 Working Group and Customs Subgroup 5
  • Article   514 Definitions 5
  • Chapter   Six ENERGY AND BASIC PETROCHEMICALS 5
  • Article   601 Principles 5
  • Article   602 Scope and Coverage 5
  • Article   603 Import and Export Restrictions 5
  • Article   604 Export Taxes 5
  • Article   605 Other Export Measures 5
  • Article   606 Energy Regulatory Measures 5
  • Article   607 National Security Measures 5
  • Article   608 Miscellaneous Provisions 5
  • Article   609 Definitions 5
  • Annex 602.3  Reservations and Special Provisions 6
  • Chapter   Seven AGRICULTURE AND SANITARY AND PHYTOSANITARY MEASURES 6
  • Section   A Agriculture 6
  • Article   701 Scope and Coverage 6
  • Article   702 International Obligations 6
  • Article   703 Market Access 6
  • Article   704 Domestic Support 6
  • Article   705 Export Subsidies 6
  • Article   706 Committee on Agricultural Trade 6
  • Article   707 Advisory Committee on Private Commercial Disputes Regarding Agricultural Goods 6
  • Article   708 Definitions 6
  • Section   B Sanitary and Phytosanitary Measures 6
  • Article   709 Scope and Coverage 6
  • Article   710 Relation to other Chapters 6
  • Article   711 Reliance on Non-Governmental Entities 6
  • Article   712 Basic Rights and Obligations 6
  • Article   713 International Standards and Standardizing Organizations 6
  • Article   714 Equivalence 6
  • Article   715 Risk Assessment and Appropriate Level of Protection 6
  • Article   716 Adaptation to Regional Conditions 7
  • Article   717 Control, Inspection and Approval Procedures 7
  • Article   718 Notification, Publication and Provision of Information 7
  • Article   719 Inquiry Points 7
  • Article   720 Technical Cooperation 7
  • Article   721 Limitations on the Provision of Information 7
  • Article   722 Committee on Sanitary and Phytosanitary Measures 7
  • Article   723 Technical Consultations 7
  • Article   724 Definitions 7
  • Chapter   Eight EMERGENCY ACTION 7
  • Article   801 Bilateral Actions 7
  • Article   802 Global Actions 8
  • Article   803 Administration of Emergency Action Proceedings 8
  • Article   804 Dispute Settlement In Emergency Action Matters 8
  • Article   805 Definitions for Purposes of this Chapter: 8
  • Part   Three TECHNICAL BARRIERS TO TRADE 8
  • Chapter   Nine STANDARDS-RELATED MEASURES 8
  • Article   901 Scope and Coverage 8
  • Article   902 Extent of Obligations 8
  • Article   903 Affirmation of Agreement on Technical Barriers to Trade and other Agreements 8
  • Article   904 Basic Rights and Obligations Right to Take Standards-Related Measures 8
  • Article   905 Use of International Standards 8
  • Article   906 Compatibility and Equivalence 8
  • Article   907 Assessment of Risk 8
  • Article   908 Conformity Assessment 8
  • Article   909 Notification, Publication, and Provision of Information 8
  • Article   910 Inquiry Points 8
  • Article   911 Technical Cooperation 8
  • Article   912 Limitations on the Provision of Information 8
  • Article   913 Committee on Standards-Related Measures 8
  • Article   914 Technical Consultations 9
  • Article   915 Definitions 9
  • Part   Four GOVERNMENT PROCUREMENT 9
  • Chapter   Ten GOVERNMENT PROCUREMENT 9
  • Section   A Scope and Coverage and National Treatment 9
  • Article   1001 Scope and Coverage 9
  • Article   1002 Valuation of Contracts 9
  • Article   1003 National Treatment and Non-Discrimination 9
  • Article   1004 Rules of Origin 9
  • Article   1005 Denial of Benefits 9
  • Article   1006 Prohibition of Offsets 9
  • Article   1007 Technical Specifications 9
  • Section   B Tendering Procedures 9
  • Article   1008 Tendering Procedures 9
  • Article   1009 Qualification of Suppliers 9
  • Article   1010 Invitation to Participate 9
  • Article   1011 Selective Tendering Procedures 10
  • Article   1012 Time Limits for Tendering and Delivery 10
  • Article   1013 Tender Documentation 10
  • Article   1014 Negotiation Disciplines 10
  • Article   1015 Submission, Receipt and Opening of Tenders and Awarding of Contracts 10
  • Article   1016 Limited Tendering Procedures 10
  • Section   C Bid Challenge 10
  • Article   1017 Bid Challenge 10
  • Section   D General Provisions 10
  • Article   1018 Exceptions 10
  • Article   1019 Provision of Information 10
  • Article   1020 Technical Cooperation 11
  • Article   1021 Joint Programs for Small Business 11
  • Article   1022 Rectifications or Modifications 11
  • Article   1023 Divestiture of Entities 11
  • Article   1024 Further Negotiations 11
  • Article   1025 Definitions 11
  • Part   Five INVESTMENT, SERVICES AND RELATED MATTERS 11
  • Chapter   Eleven INVESTMENT 11
  • Section   A Investment 11
  • Article   1101 Scope and Coverage 11
  • Article   1102 National Treatment 11
  • Article   1103 Most-Favored-Nation Treatment 11
  • Article   1104 Standard of Treatment 11
  • Article   1105 Minimum Standard of Treatment 11
  • Article   1106 Performance Requirements 11
  • Article   1107 Senior Management and Boards of Directors 11
  • Article   1110 Expropriation and Compensation 11
  • Article   1111 Special Formalities and Information Requirements 11
  • Article   1112 Relation to other Chapters 11
  • Article   1113 Denial of Benefits 11
  • Article   1114 Environmental Measures 12
  • Section   B Settlement of Disputes between a Party and an Investor of Another Party 12
  • Article   1115 Purpose 12
  • Article   1116 Claim by an Investor of a Party on Its Own Behalf 12
  • Article   1117 Claim by an Investor of a Party on Behalf of an Enterprise 12
  • Article   1118 Settlement of a Claim Through Consultation and Negotiation 12
  • Article   1119 Notice of Intent to Submit a Claim to Arbitration 12
  • Article   1120 Submission of a Claim to Arbitration 12
  • Article   1121 Conditions Precedent to Submission of a Claim to Arbitration 12
  • Article   1122 Consent to Arbitration 12
  • Article   1123 Number of Arbitrators and Method of Appointment 12
  • Article   1124 Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties Are Unable to Agree on a Presiding Arbitrator 12
  • Article   1125 Agreement to Appointment of Arbitrators 12
  • Article   1126 Consolidation 12
  • Article   1127 Notice a Disputing Party Shall Deliver to the other Parties: 12
  • Article   1128 Participation by a Party 12
  • Article   1129 Documents 12
  • Article   1130 Place of Arbitration 12
  • Article   1131 Governing Law 12
  • Article   1132 Interpretation of Annexes 12
  • Article   1133 Expert Reports 12
  • Article   1134 Interim Measures of Protection 12
  • Article   1135 Final Award 12
  • Article   1136 Finality and Enforcement of an Award 12
  • Article   1137 General 12
  • Article   1138 Exclusions 12
  • Section   C Definitions 13
  • Article   1139 Definitions 13
  • Annex 1120.1  Submission of a Claim to Arbitration 13
  • Annex 1138.2  Exclusions from Dispute Settlement 13
  • Chapter   Twelve CROSS-BORDER TRADE IN SERVICES 13
  • Article   1201 Scope and Coverage 13
  • Article   1202 National Treatment 13
  • Article   1203 Most-Favored-Nation Treatment 13
  • Article   1204 Standard of Treatment 13
  • Article   1205 Local Presence 13
  • Article   1206 Reservations 13
  • Article   1207 Quantitative Restrictions 13
  • Article   1208 Liberalization of Non-Discriminatory Measures 13
  • Article   1209 Procedures 13
  • Article   1210 Licensing and Certification 13
  • Article   1211 Denial of Benefits 13
  • Article   1212 Sectoral Annex 13
  • Article   1213 Definitions 13
  • Chapter   Thirteen TELECOMMUNICATIONS 14
  • Article   1301 Scope and Coverage 14
  • Article   1302 Access to and Use of Public Telecommunications Transport Networks and Services 14
  • Article   1303 Conditions for the Provision of Enhanced or Value-Added Services 14
  • Article   1304 Standards-Related Measures 14
  • Article   1305 Monopolies 14
  • Article   1306 Transparency 14
  • Article   1308 Relation to International Organizations and Agreements 14
  • Article   1309 Technical Cooperation and other Consultations 14
  • Article   1310 Definitions 14
  • Chapter   Fourteen FINANCIAL SERVICES 14
  • Article   1401 Scope and Coverage 14
  • Article   1402 Self-Regulatory Organizations 14
  • Article   1403 Establishment of Financial Institutions 14
  • Article   1404 Cross-Border Trade 14
  • Article   1405 National Treatment 14
  • Article   1406 Most-Favored-Nation Treatment 15
  • Article   1407 New Financial Services and Data Processing 15
  • Article   1408 Senior Management and Boards of Directors 15
  • Article   1409 Reservations and Specific Commitments 15
  • Article   1410 Exceptions 15
  • Article   1411 Transparency 15
  • Article   1412 Financial Services Committee 15
  • Article   1413 Consultations 15
  • Article   1414 Dispute Settlement 15
  • Article   1415 Investment Disputes In Financial Services 15
  • Article   1416 Definitions 15
  • Annex 1412.1  Authorities Responsible for Financial Services 15
  • Chapter   Fifteen COMPETITION POLICY, MONOPOLIES AND STATE ENTERPRISES 15
  • Article   1501 Competition Law 15
  • Article   1502 Monopolies and State Enterprises 15
  • Article   1503 State Enterprises 15
  • Article   1504 Working Group on Trade and Competition 15
  • Article   1505 Definitions 15
  • Annex 1505  Country-Specific Definitions of State Enterprises 15
  • Chapter   Sixteen TEMPORARY ENTRY FOR BUSINESS PERSONS 15
  • Article   1601 General Principles 15
  • Article   1602 General Obligations 15
  • Article   1603 Grant of Temporary Entry 16
  • Article   1604 Provision of Information 16
  • Article   1605 Working Group 16
  • Article   1606 Dispute Settlement 16
  • Article   1607 Relation to other Chapters 16
  • Article   1608 Definitions 16
  • Annex 1603  Temporary Entry for Business Persons 16
  • Section   A Business Visitors 16
  • Section   B Traders and Investors 16
  • Section   C Intra-Company Transferees 16
  • Section   D Professionals 16
  • Part   Six INTELLECTUAL PROPERTY 16
  • Chapter   Seventeen INTELLECTUAL PROPERTY 16
  • Article   1701 Nature and Scope of Obligations 16
  • Article   1702 More Extensive Protection 16
  • Article   1703 National Treatment 16
  • Article   1704 Control of Abusive or Anticompetitive Practices or Conditions 16
  • Article   1705 Copyright 16
  • Article   1706 Sound Recordings 16
  • Article   1707 Protection of Encrypted Program-Carrying Satellite Signals 16
  • Article   1708 Trademarks 16
  • Article   1709 Patents 17
  • Article   1710 Layout Designs of Semiconductor Integrated Circuits 17
  • Article   1711 Trade Secrets 17
  • Article   1712 Geographical Indications 17
  • Article   1713 Industrial Designs 17
  • Article   1714 Enforcement of Intellectual Property Rights: General Provisions 17
  • Article   1715 Specific Procedural and Remedial Aspects of Civil and Administrative Procedures 17
  • Article   1716 Provisional Measures 17
  • Article   1717 Criminal Procedures and Penalties 17
  • Article   1718 Enforcement of Intellectual Property Rights at the Border 17
  • Article   1718 Enforcement of Intellectual Property Rights at the Border 18
  • Article   1719 Cooperation and Technical Assistance 18
  • Article   1720 Protection of Existing Subject Matter 18
  • Article   1721 Definitions 18
  • Part   Seven ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 18
  • Chapter   Eighteen PUBLICATION, NOTIFICATION AND ADMINISTRATION OF LAWS 18
  • Article   1801 Contact Points 18
  • Article   1802 Publication 18
  • Article   1803 Notification and Provision of Information 18
  • Article   1804 Administrative Proceedings 18
  • Article   1805 Review and Appeal 18
  • Article   1806 Definitions 18
  • Chapter   Nineteen REVIEW AND DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY MATTERS 18
  • Article   1901 General Provisions 18
  • Article   1902 Retention of Domestic Antidumping Law and Countervailing Duty Law 18
  • Article   1903 Review of Statutory Amendments 18
  • Article   1904 Review of Final Antidumping and Countervailing Duty Determinations 18
  • Article   1905 Safeguarding the Panel Review System 18
  • Article   1906 Prospective Application 19
  • Article   1907 Consultations 19
  • Article   1908 Special Secretariat Provisions 19
  • Article   1909 Code of Conduct 19
  • Article   1910 Miscellaneous 19
  • Article   1911 Definitions 19
  • Chapter   Twenty INSTITUTIONAL ARRANGEMENTS AND DISPUTE SETTLEMENT PROCEDURES 19
  • Section   A Institutions 19
  • Article   2011 The Free Trade Commission 19
  • Article   2002 The Secretariat 19
  • Section   B Dispute Settlement 19
  • Article   2003 Cooperation 19
  • Article   2004 Recourse to Dispute Settlement Procedures 19
  • Article   2005 GATT Dispute Settlement 19
  • Article   2006 Consultations 19
  • Article   2007 Commission - Good Offices, Conciliation and Mediation 19
  • Article   2008 Request for an Arbitral Panel 20
  • Article   2009 Roster 20
  • Article   2010 Qualifications of Panelists 20
  • Article   2011 Panel Selection 20
  • Article   2012 Rules of Procedure 20
  • Article   2013 Third Party Participation 20
  • Article   2014 Role of Experts 20
  • Article   2015 Scientific Review Boards 20
  • Article   2016 Initial Report 20
  • Article   2017 Final Report 20
  • Article   2018 Implementation of Final Report 20
  • Article   2019 Non-Implementation-Suspension of Benefits 20
  • Section   C Domestic Proceedings and Private Commercial Dispute Settlement 20
  • Article   2020 Referrals of Matters from Judicial or Administrative Proceedings 20
  • Article   2021 Private Rights 20
  • Article   2022 Alternative Dispute Resolution 20
  • Annex 2001.2  Committees and Working Groups 20
  • Annex 2002.2  Remuneration and Payment of Expenses 20
  • Annex 2004  Nullification and Impairment 20
  • Part   Eight OTHER PROVISIONS 20
  • Chapter   Twenty-One EXCEPTIONS 20
  • Article   2101 General Exceptions 20
  • Article   2102 National Security 20
  • Article   2103 Taxation 21
  • Article   2104 Balance of Payments 21
  • Article   2105 Disclosure of Information 21
  • Article   2106 Cultural Industries 21
  • Article   2107 Definitions 21
  • Annex 2103.4  Specific Taxation Measures 21
  • Annex 2103.6  Competent Authorities 21
  • Annex 2106  Cultural Industries 21
  • Chapter   Twenty-Two FINAL PROVISIONS 21
  • Article   2201 Annexes 21
  • Article   2202 Amendments 21
  • Article   2203 Entry Into Force 21
  • Article   2204 Accession 21
  • Article   2205 Withdrawal 21
  • Article   2206 Authentic Texts 21
  • Annex I  Reservations for Existing Measures and Liberalization Commitments 21
  • Annex I  Schedule of Canada 21
  • Annex I  Schedule of Mexico 25
  • Annex I  Schedule of the United States 31
  • Annex II  Reservations for Future Measures (Chapters 11, 12, and 14) 32
  • Annex II  Schedule of Canada 33
  • Annex II  Schedule of Mexico 34
  • Annex II  Schedule of United States 34
  • Annex III  Activities Reserved to the State (Chapter 11) 35
  • Annex III  Schedule of Mexico 35
  • Annex IV  Exceptions from Most-Favored-Nation Treatment (Chapter 11) 36
  • Annex IV  Schedule of Canada 36
  • Annex IV  Schedule of Mexico 36
  • Annex IV  Schedule of the United States 36