Common use of Originating Goods Clause in Contracts

Originating Goods. 1. Except as otherwise provided in this Chapter, a good shall originate in the territory of a Party where: (a) the good is wholly obtained or produced entirely in the territory of one or both of the Parties, as defined in Article 4.1; (b) each of the non-originating materials used in the production of the good undergoes the applicable change in tariff classification set out in Annex 4 as a result of production occurring entirely in the territory of one or both of the Parties, or the good otherwise satisfies the applicable requirements of that Annex where no change in tariff classification is required, and the good satisfies all other applicable requirements of this Chapter; (c) the good is produced entirely in the territory of one or both of the Parties exclusively from originating materials pursuant to this Chapter; or (d) except for a good provided for in Chapters 61 through 63 of the Harmonised System, the good is produced entirely in the territory of one or both of the Parties but one or more of the non-originating materials that are used in the production of the good do not undergo a change in tariff classification because: (i) the good was imported into the territory of a Party in an unassembled or a disassembled form but was classified as an assembled good pursuant to Rule 2(a) of the General Rules for the Interpretation of the Harmonised System, or (ii) the heading for the good provides for and specifically describes both the good itself and its parts and is not further subdivided into subheadings, or the subheading for the good provides for and specifically describes both the good itself and its parts, provided that the regional value content of the good, determined in accordance with Article 4.3, is not less than 45 per cent, where the build-down method is used, or 30 per cent, where the build-up method is used and that the good satisfies all other applicable requirements of this Chapter. However, if the applicable rule of Annex 4, where the good is classified, specifies a different amount of regional value-content requirement, then such a requirement shall be applied. 2. For the purpose of this Chapter, the production of a good from non-originating materials that undergo a change in tariff classification and satisfy other requirements pursuant to Annex 4, shall be made entirely in the territory of one or both of the Parties and the regional value content of the good shall be met entirely in the territory of one or both of the Parties. 3. Notwithstanding the requirements of this Article, goods shall not be considered originating if they result exclusively from operations under Article

Appears in 5 contracts

Sources: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Originating Goods. 1. Except as otherwise provided in this Chapter, a good shall originate in the territory of a Party be considered originating where: (a) the The good is wholly obtained or produced entirely in the territory of one or both more of the Parties, as defined in Article 4.1; (b) each of the non-originating materials used in the production of the good undergoes the applicable change in tariff classification set out in Annex 4 as a result of production occurring entirely in the territory of one or both of the Parties, or the good otherwise satisfies the applicable requirements of that Annex where no change in tariff classification is required, and the good satisfies all other applicable requirements of this Chapter; (c) the good is produced entirely in the territory of one or both more of the Parties exclusively from originating materials pursuant to as defined in this Chapter; (c) the good is produced in the territory of one or more of the Parties from non- originating materials that undergo a change in tariff classification, comply with a regional value content or meet other requirements, as set out in Annex 4.03, and the good satisfies all other applicable provisions of this Chapter; or (d) except for a good provided for in Chapters 61 through 63 of the Harmonised System, the good is produced entirely in the territory of one or both more of the Parties but one or more of the non-originating materials that are used in the production of the good do not undergo a change in tariff classification because: (i) the The good was imported into the territory of a Party in an unassembled or a disassembled form but was classified as an assembled good pursuant to Rule 2(a) of the General Rules for the of Interpretation of the Harmonised Harmonized System, or; (ii) the heading for the good provides for and specifically describes both the good itself and its parts and parts, provided the heading is not further subdivided divided into subheadings, or ; or (iii) the subheading for the good provides for and specifically describes both the good itself and its parts, ; provided that the regional value content of the good, determined in accordance with Article 4.34.07, is not less than 45 per cent, where the build-down method is used, or 30 per cent, where the build-up method is used cent and that the good satisfies all other applicable requirements of this Chapter. However, if unless the applicable rule of Annex 4, where the good 4.03 under which it is classified, classified specifies a different amount of regional value-value content requirement, then such a in which case that requirement shall is to be applied. The provisions of this subparagraph do not apply to the goods included in Chapters 61 to 63 of the Harmonized System. 2. If a Party complies with the specific rule of origin established in Annex 4.03, it shall not be required to comply as well with the regional value content established in paragraph 1(d). 3. For the purpose purposes of this Chapter, the production of a good produced from non-originating materials that undergo a change in tariff classification and satisfy the other requirements pursuant to Annex 4, set out in Article 4.03 shall be made have been produced entirely in the territory of one or both more of the Parties and the entire regional value content of the good shall be met entirely in the territory of one or both more of the Parties. 34. Notwithstanding the requirements of this Article, goods shall not be considered originating if despite complying with the requirement of a change in tariff classification of their materials, where the goods are exclusively the result of the operations established in Article 4.04 performed in the territory of the Parties through which they result exclusively from acquire the final form in which they will be sold, where such operations under Articlehave used non-originating materials, unless the specific rule of origin of Annex 4.03 states otherwise.

Appears in 4 contracts

Sources: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Originating Goods. 1. Except as otherwise provided in this Chapter, a good shall originate be regarded as originating in the territory of a Party where: (a) the good is wholly obtained or produced entirely in the territory of one or both of the Parties, as defined in Article 4.1that Party; (b) each of the non-originating materials used in the production of the good undergoes the applicable change in tariff classification set out in Annex 4 as a result of production occurring entirely in the territory of one or both of the Parties, or the good otherwise satisfies the applicable requirements of that Annex where no change in tariff classification is required, and the good satisfies all other applicable requirements of this Chapter; (c) the good is produced entirely in the territory of one or both of the Parties exclusively from originating materials pursuant according to this Chapter; (c) the good is produced in the territory of one or both Parties from non- originating materials that complying with the change in tariff classification, regional value content or other requirements, according to the specifications stated in Annex 4.03, and the good satisfies all the other applicable requirements of this Chapter; or (d) except for a good provided for in Chapters 61 through 63 of the Harmonised System, the good is produced entirely in the territory of one or both of the Parties but one or more of the non-originating materials that are used in the production of the good do does not undergo a change in tariff classification becausedue to : (i) the good was imported into the territory of a Party in an unassembled or a disassembled form but and was classified as an assembled good pursuant to General Rule of Interpretation 2(a) of the General Rules for the Interpretation of the Harmonised Harmonized System, or, (ii) the tariff heading for the good provides for and specifically describes both the good itself and its parts and is not further subdivided into subheadings, or or (iii) the tariff subheading for the good provides for and specifically describes both the good itself and its parts, ; provided that the regional value content of the good, determined in accordance with Article 4.3, 4.07 is not less than 45 per cent, where the build-down method is used, or 30 per cent, where the build-up method is used thirty five (35%) percent and that the good satisfies all the other provisions applicable requirements of in this Chapter. HoweverC hapter, if unless the applicable rule of Annex 44.03, where under which the good is classified, specifies specified a different amount requirement of regional value-content requirementvalue content, then in which case such a requirement shall has to be appliedmet. The rules provided for in this subparagraph do not apply to the goods in Chapters 61 through 63 of the Harmonized System. 2. If a good of a Party satisfies the rules of origin specified in Annex 4.03, there is no need to require additional compliance with the regional value content established in paragraph 1(d). 3. For the purpose purposes of this Chapter, the production of a good from non-originating materials that undergo satisfies a change in tariff classification and satisfy other requirements pursuant to requirements, as set out in Annex 44.03, shall be made done entirely in the territory of one or both of the Parties Parties, and the good has to satisfy any applicable regional value value-content of the good shall be met entirely requirement in the territory of one or both of the Parties. 34. Notwithstanding the requirements other provisions of this Article, goods shall not be considered originating originating, if they result are exclusively from the outcome of the operations under Articleset out in Article 4.04 and carried out in the territory of the Parties that gives their final form for marketing, where non-originating materials are used in such operations, unless the specific rules of origin of Annex 4.03 state the opposite.

Appears in 2 contracts

Sources: Free Trade Agreement, Free Trade Agreement

Originating Goods. 1. Except as otherwise provided in this Chapter, a good shall originate in the territory of a Party where: (a) the good is wholly obtained or produced entirely in the territory of one or both of the Parties, as defined in Article 4.1D-16; (b) each of the non-originating materials used in the production of the good undergoes the an applicable change in tariff classification set out in Annex 4 D-01 as a result of production occurring entirely in the territory of one or both of the Parties, or the good otherwise satisfies the applicable requirements of that Annex where no change in tariff classification is required, and the good satisfies all other applicable requirements of this Chapter; (c) the good is produced entirely in the territory of one or both of the Parties exclusively from originating materials pursuant to this Chaptermaterials; or (d) except for a good provided for in Chapters 61 through 63 of the Harmonised Harmonized System, the good is produced entirely in the territory of one or both of the Parties but one or more of the non-originating materials that are used in the production of the good do not undergo a change in tariff classification because: (i) the good was imported into the territory of a Party in an unassembled or a disassembled form but was classified as an assembled good pursuant to Rule 2(a) of the General Rules for the Interpretation of the Harmonised Harmonized System, or (ii) the heading for the good provides for and specifically describes both the good itself and its parts and is not further subdivided into subheadings, or the subheading for the good provides for and specifically describes both the good itself and its parts, provided that the regional value content of the good, determined in accordance with Article 4.3D-02, is not less than 45 35 per cent, cent where the build-down transaction value method is used, or 30 is not less than 25 per cent, cent where the build-up net cost method is used used, and that the good satisfies all other applicable requirements of this Chapter. However, if the applicable rule Chapter (1). (1) The phrase "specifically describes" is intended solely to prevent Article D-01(d) from being used to qualify a part of Annex 4another part, where the good is classified, specifies a different amount of regional value-content requirement, then such a requirement shall be applied. 2. For heading or subheading covers the purpose of this Chapterfinal good, the production of a good part made from non-originating materials that undergo a change in tariff classification and satisfy the other requirements pursuant to Annex 4, shall be made entirely in the territory of one or both of the Parties part and the regional value content of the good shall be met entirely in the territory of one or both of the Partiesother part. 3. Notwithstanding the requirements of this Article, goods shall not be considered originating if they result exclusively from operations under Article

Appears in 1 contract

Sources: Free Trade Agreement

Originating Goods. 1. Except as otherwise provided in this Chapter, a good shall originate in the territory of a Party where: (a) the good is wholly obtained or produced entirely in the territory of one or both of the Parties, as defined in Article 4.1; (b) each of the non-originating materials used in the production of the good undergoes the applicable change in tariff classification set out in Annex 4 as a result of production occurring entirely in the territory of one or both of the Parties, or the good otherwise satisfies the applicable requirements of that Annex where no change in tariff classification is required, and the good satisfies all other applicable requirements of this Chapter; (c) the good is produced entirely in the territory of one or both of the Parties exclusively from originating materials pursuant to this Chapter; or (d) except for a good provided for in Chapters 61 through 63 of the Harmonised System, the good is produced entirely in the territory of one or both of the Parties but one or more of the non-originating materials that are used in the production of the good do not undergo a change in tariff classification because: (i) the good was imported into the territory of a Party in an unassembled or a disassembled form but was classified as an assembled good pursuant to Rule 2(a) of the General Rules for the Interpretation of the Harmonised System, or (ii) the heading for the good provides for and specifically describes both the good itself and its parts and is not further subdivided into subheadings, or the subheading for the good provides for and specifically describes both the good itself and its parts, provided that the regional value content of the good, determined in accordance with Article 4.3, is not less than 45 per cent, where the build-down method is used, or 30 3 0 per cent, where the build-up method is used and that the good satisfies all other applicable requirements of this Chapter. However, if the applicable rule of Annex 44 , where the good is classified, specifies a different amount of regional value-content requirement, then such a requirement shall be applied. 2. For the purpose of this Chapter, the production of a good from non-originating materials that undergo a change in tariff classification and satisfy other requirements pursuant to t o Annex 44 , shall be made entirely in the territory of one or both of the Parties and the regional value content of the good shall be met entirely in the territory of one or both of the Parties. 3. Notwithstanding the requirements of this Article, goods shall not be considered originating if they result exclusively from operations under Articleoriginating

Appears in 1 contract

Sources: Free Trade Agreement

Originating Goods. 1. Except as otherwise provided in this Chapter, a good shall originate be regarded as originating in the territory of a Party where: (a) the good is wholly obtained or produced entirely in the territory of one or both of the Parties, as defined in Article 4.1that Party; (b) each of the non-originating materials used in the production of the good undergoes the applicable change in tariff classification set out in Annex 4 as a result of production occurring entirely in the territory of one or both of the Parties, or the good otherwise satisfies the applicable requirements of that Annex where no change in tariff classification is required, and the good satisfies all other applicable requirements of this Chapter; (c) the good is produced entirely in the territory of one or both of the Parties exclusively from originating materials pursuant according to this Chapter; (c) the good is produced in the territory of one or both Parties from nonoriginating materials that complying with the change in tariff classification, regional value content or other requirements, according to the specifications stated in Annex 4.03, and the good satisfies all the other applicable requirements of this Chapter; or (d) except for a good provided for in Chapters 61 through 63 of the Harmonised System, the good is produced entirely in the territory of one or both of the Parties but one or more of the non-originating materials that are used in the production of the good do does not undergo a change in tariff classification becausedue to : (i) the good was imported into the territory of a Party in an unassembled or a disassembled form but and was classified as an assembled good pursuant to General Rule of Interpretation 2(a) of the General Rules for the Interpretation of the Harmonised Harmonized System, or, (ii) the tariff heading for the good provides for and specifically describes both the good itself and its parts and is not further subdivided into subheadings, or or (iii) the tariff subheading for the good provides for and specifically describes both the good itself and its parts, ; provided that the regional value content of the good, determined in accordance with Article 4.3, 4.07 is not less than 45 per cent, where the build-down method is used, or 30 per cent, where the build-up method is used thirty five (35%) percent and that the good satisfies all the other provisions applicable requirements of in this Chapter. However, if unless the applicable rule of Annex 44.03, where under which the good is classified, specifies specified a different amount requirement of regional value-content requirementvalue content, then in which case such a requirement shall has to be appliedmet. The rules provided for in this subparagraph do not apply to the goods in Chapters 6 1 through 63 of the Harmonized System. 2. If a good of a Party satisfies the rules of origin specified in Annex 4.03, there is no need to require additional compliance with the regional value content established in paragraph 1(d). 3. For the purpose purposes of this Chapter, the production of a good from non-originating materials that undergo satisfies a change in tariff classification and satisfy other requirements pursuant to requirements, as set out in Annex 44.03, shall be made done entirely in the territory of one or both of the Parties Parties, and the good has t o satisfy any applicable regional value value-content of the good shall be met entirely requirement in the territory of one or both of the Parties. 34. Notwithstanding the requirements other provisions of this Article, goods shall not be considered originating originating, if they result are exclusively from the outcome of the operations under Articleset out in Article 4.04 and carried out in the territory of the Parties that gives their final form for marketing, where non-originating materials are used in such operations, unless the specific rules of origin of Annex 4.03 state the opposite.

Appears in 1 contract

Sources: Free Trade Agreement

Originating Goods. 1. Except as otherwise provided in this Chapter, a good shall originate in the territory of a Party be considered originating where: (a) the The good is wholly obtained or produced entirely in the territory of one or both more of the Parties, as defined in Article 4.1; (b) each of the non-originating materials used in the production of the good undergoes the applicable change in tariff classification set out in Annex 4 as a result of production occurring entirely is produced in the territory of one or both more of the Parties, or the good otherwise satisfies the applicable requirements of that Annex where no change Parties exclusively from originating materials as defined in tariff classification is required, and the good satisfies all other applicable requirements of this Chapter; (c) the good is produced entirely in the territory of one or both more of the Parties exclusively from non- originating materials pursuant to that undergo a change in tariff classification, comply with a regional value content or other requirements, as set out in Annex 4.03, and the good satisfies all other applicable provisions of this Chapter; or (d) except for a good provided for in Chapters 61 through 63 of the Harmonised System, the good is produced entirely in the territory of one or both more of the Parties but one or more of the non-originating materials that are used in the production of the good do not undergo a change in tariff classification because: (i) the The good was imported into the territory of a Party in an unassembled or a disassembled form but was classified as an assembled good pursuant to Rule 2(a) of the General Rules for the of Interpretation of the Harmonised Harmonized System, or; (ii) the heading for the good provides for and specifically describes both the good itself and its parts and parts, provided the heading is not further subdivided divided into subheadings, or ; or (iii) the subheading for the good provides for and specifically describes both the good itself and its parts, ; provided that the regional value content of the good, determined in accordance with Article 4.34.07, is not less than 45 thirty (30) per cent, where the build-down method is used, or 30 per cent, where the build-up method is used cent and that the good satisfies all other applicable requirements of this Chapter. However, if unless the specific applicable rule of origin of Annex 4, where the good 4.03 under which it is classified, classified specifies a different amount of regional value-value content requirement, then such a in which case that requirement shall is to be applied. The provisions of this subparagraph do not apply to the goods included in Chapters 61 to 63 of the Harmonized System. 2. If a Party complies with the specific rule of origin established in Annex 4.03, it shall not be required to comply as well with the regional value content requirement established in paragraph 1(d). 3. For the purpose purposes of this Chapter, the production of a good produced from non-originating materials that undergo a change in tariff classification and satisfy the other requirements pursuant to Annex 4, set out in Article 4.03 shall be made have been produced entirely in the territory of one or both more of the Parties and the entire regional value content of requirement for the good shall be met entirely in the territory of one or both more of the Parties. 34. Notwithstanding the requirements of this Article, goods shall not be considered originating if despite complying with the requirement of a change in tariff classification of their materials, where the goods are exclusively the result of the operations established in Article 4.04 performed in the territory of the Parties through which they result exclusively from acquire the final form in which they will be sold, where such operations under Articlehave used non-originating materials, unless the specific rule of origin of Annex 4.03 states otherwise.

Appears in 1 contract

Sources: Free Trade Agreement

Originating Goods. 1. Except as otherwise provided in this Chapter, a good shall originate in the territory of a Party where: (a) the good is wholly obtained or produced entirely in the territory of one or both of the Parties, as defined in Article 4.1; (b) each of the non-originating materials used in the production of the good undergoes the an applicable change in tariff classification as set out in Annex 4 4-1 as a result of production occurring entirely in the territory of one or both of the Parties, or the good otherwise satisfies the applicable requirements of that Annex where no change in tariff classification is required, and the good satisfies all other applicable requirements of this Chapter; (c) the good is produced entirely in the territory of one or both of the Parties Parties, exclusively from originating materials pursuant to this Chaptermaterials; or (d) except as provided in Annex 4-1 or except for a good provided for in of Chapter 39 or Chapters 61 50 through 63 of the Harmonised Harmonized System, one or more of the non-originating materials used in the production of the good cannot satisfy the requirements set out in Annex 4-1 because both the good and the non- originating materials are classified in the same subheading or heading that is not further subdivided into subheadings, provided that, (i) the good is produced entirely in the territory of one or both of the Parties but one or more Parties, (ii) the value of the non-originating materials that are used in classified as or with the production good does not exceed 65 per cent of the good do not undergo a change in tariff classification because: (i) the good was imported into the territory of a Party in an unassembled or a disassembled form but was classified as an assembled good pursuant to Rule 2(a) of the General Rules for the Interpretation of the Harmonised System, or (ii) the heading for the good provides for and specifically describes both the good itself and its parts and is not further subdivided into subheadings, or the subheading for the good provides for and specifically describes both the good itself and its parts, provided that the regional transaction value content of the good, determined in accordance with Article 4.3, is not less than 45 per cent, where the build-down method is used, or 30 per cent, where the build-up method is used and that and (iii) the good satisfies all other applicable requirements of this Chapter. However, if the applicable rule of Annex 4, where the good is classified, specifies a different amount of regional value-content requirement, then such a requirement shall be applied. 2. For the purpose purposes of this ChapterArticle, the production of a good from non-originating materials that undergo a change in tariff classification and satisfy other requirements pursuant to Annex 4, following goods shall be made entirely in the territory of one considered wholly obtained or both of the Parties and the regional value content of the good shall be met produced entirely in the territory of one or both of the Parties.: 3. Notwithstanding (a) minerals and other non-living natural resources extracted in or taken from the requirements territory of this Article, one or both of the Parties; (b) vegetable goods shall not be considered originating if they result exclusively from operations under Articleharvested in the territory of one or both of the Parties;

Appears in 1 contract

Sources: Free Trade Agreement

Originating Goods. 1. Except as otherwise provided in this Chapter, a good shall originate in the territory of a Party where: (a) the good is wholly obtained or produced entirely in the territory of one or both of the Parties, as defined in Article 4.1; (b) each of the non-originating materials used in the production of the good undergoes the applicable change in tariff classification set out in Annex 4 as a result of production occurring entirely in the territory of one or both of the Parties, or the good otherwise satisfies the applicable requirements of that Annex where no change in tariff classification is required, and the good satisfies all other applicable requirements of this Chapter; (c) the good is produced entirely in the territory of one or both of the Parties exclusively from originating materials pursuant to this Chapter; or (d) except for a good provided for in Chapters 61 through 63 of the Harmonised System, the good is produced entirely in the territory of one or both of the Parties but one or more of the non-originating materials that are used in the production of the good do not undergo a change in tariff classification because: (i) the good was imported into the territory of a Party in an unassembled or a disassembled form but was classified as an assembled good pursuant to Rule 2(a) of the General Rules for the Interpretation of the Harmonised System, or (ii) the heading for the good provides for and specifically describes both the good itself and its parts and is not further subdivided into subheadings, or the subheading for the good provides for and specifically describes both the good itself and its parts, provided that the regional value content of the good, determined in accordance with Article 4.3, is not less than 45 per cent, where the build-down method is used, or 30 per cent, where the build-up method is used and that the good satisfies all other applicable requirements of this Chapter. However, if the applicable rule of Annex 4, where the good is classified, specifies a different amount of regional value-content requirement, then such a requirement shall be applied. 2. For the purpose of this Chapter, the production of a good from non-originating materials that undergo a change in tariff classification and satisfy other requirements pursuant to Annex 4, shall be made entirely in the territory of one or both of the Parties and the regional value content of the good shall be met entirely in the territory of one or both of the Parties. 3. Notwithstanding the requirements of this Article, goods shall not be considered originating if they result exclusively from operations under Article

Appears in 1 contract

Sources: Free Trade Agreement