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Canada - European Free Trade Association (EFTA)

Free Trade Agreement Between Canada and the States of the European Free Trade Association (Iceland, Liechtenstein, Norway and Switzerland)

Appendix I to Annex C - Product-Specific Rules

Section A: General Interpretative Notes

Article 1
General Interpretative Notes

1. For the purposes of interpreting the rules of origin set out in this Appendix, the following principles of interpretation shall apply:

2. A product-specific rule of origin set out in this Appendix represents the minimum amount of production required to be carried out on non-originating materials for the resulting product to achieve originating status. A greater amount of production than that required by the rule for that product shall also confer originating status.

3. For cases where a rule of this Appendix applicable to a product contains both a required change in tariff classification and a percentage for the maximum value of non- originating materials, a tolerance for non-originating materials has been foreseen in paragraph 1 of Article 5 of Annex C. The use of non-originating materials which do not satisfy the tariff change requirement is in such cases permitted under the following conditions:

4.

5. The product-specific rules set out in this Appendix also apply to used products.

Article 2
Review

1. In order to facilitate trade further, the Parties shall, no later than four years after the date of entry into force of this Agreement, or at an earlier request of a Party, explore whether product-specific rules are required for the products of Chapter 2 of the Harmonized System, Meat and edible meat offal.

2. The Parties shall, no later than four years after the date of entry into force of this Agreement, review the product-specific rules with respect to printing, dyeing, coating and embroidering of textile fabrics, and with respect to bed linen of Harmonized System subheading 6302.10 through 6302.39. In this review, the Parties shall take into account changed circumstances, such as technological advances, changes in market conditions and developments at the World Trade Organization with respect to international trade in textiles.

Section B: Product-specific Rules of Origin

Harmonized System Classification - Sufficient production to be carried out on non-originating materials
Chapter 1 Live animals
Chapter 2 Meat and edible meat offal
Chapter 3 Fish and crustaceans, molluscs and other aquatic invertebrates

Note
For the purposes of heading 03.02 through 03.03, “fry”of heading 03.01 means immature fish at a post-larval stage and includes fingerlings, parr, smolts and elvers.

Chapter 4 Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included
Chapter 5 Products of animal origin, not elsewhere specified or included
Chapter 6 Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage
Chapter 7 Edible vegetables and certain roots and tubers
Chapter 8 Edible fruit and nuts; peel of citrus fruit or melons
Chapter 9 Coffee, tea, maté and spices
Chapter 10 Cereals
Chapter 11 Products of the milling industry; malt; starches; inulin; wheat gluten
Chapter 12 Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder.
Chapter 13 Lac; gums, resins and other vegetable saps and extracts
Chapter 14 Vegetable plaiting materials; vegetable products not elsewhere specified or included
Chapter 15 Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes
Chapter 16 Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates
Chapter 17 Sugars and sugar confectionary
Chapter 18 Cocoa and cocoa preparations
Chapter 19 Preparations of cereals, flour, starch or milk, pastrycooks’ products
Chapter 20 Preparations of vegetables, fruit, nuts or other parts of plants
Chapter 21 Miscellaneous edible preparations
Chapter 22 Beverages, spirits and vinegar
Chapter 23 Residues and waste from the food industries; prepared animal fodder
Chapter 24 Tobacco and manufactured tobacco substitutes
Chapter 25 Salt; sulphur; earths and stone; plastering materials, lime and cement
Chapter 26 Ores, slag and ash
Chapter 27 Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes

Note 1
For purposes of heading 27.07, a “chemical reaction” is a process (including a biochemical process) which results in a molecule with a new structure by breaking
intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule.

The following are not considered to be chemical reactions for the purposes of this definition:

  1. dissolving in water or other solvents;
  2. the elimination of solvents, including solvent water; or
  3. the addition or elimination of water of crystallization.

Note 2
For the purposes of headings 27.10 and 27.12, the following processes confer origin:

  1. Atmospheric distillation
    A separation process in which petroleum oils are converted, in a distillation tower, into fractions according to boiling point and the vapor then condensed into different
    liquefied   fractions.   Liquefied   petroleum   gas,   naphtha,   gasoline,   kerosene,
    diesel/heating oil, light gas oils, and lubricating oil are produced from petroleum distillation;
  2. Vacuum distillation
    Distillation at a pressure below atmospheric but not so low that it would be classed as molecular distillation. Vacuum distillation is useful for distilling high-boiling and
    heat-sensitive materials such as heavy distillates in petroleum oils to produce light to heavy vacuum gas oils and residuum. In some refineries gas oils may be further processed into lubricating oils;
  3. Catalytic hydroprocessing
    The cracking and/or treating of petroleum oils with hydrogen at high temperature and under  pressure,  in  the  presence  of  special  catalysts.  Catalytic  hydroprocessing
    includes hydrocracking and hydrotreating;
  4. Reforming (catalytic reforming)
    The rearrangement of molecules in a naphtha boiling range material to form higher
    octane aromatics (i.e., improved antiknock quality at the expense of gasoline yield). A
    main product is catalytic reformate, a blend component for gasoline. Hydrogen is another by-product;
  5. Alkylation
    A process whereby a high-octane blending component for gasolines is derived from
    catalytic combination of an isoparaffin and an olefin;
  6. Cracking
    A refining process involving decomposition and molecular recombination of organic
    compounds, especially hydrocarbons obtained by means of heat, to form molecules suitable for motor fuels, monomers, petrochemicals, etc.:
    (i)     Thermal   cracking   -   Exposes   the   distillate   to   temperatures  of approximately  540-650C   for   varying   periods   of   time.   Process produces modest yields of gasoline and higher yields of residual products for fuel oil blending,
    (ii)   Catalytic cracking - Hydrocarbon vapors are passed at approximately
    400C over a metallic catalyst (e.g., silica-alumina or platinum); the complex  recombinations  (alkylation,  polymerization,  isomerization,
    etc.)  occur  within  seconds  to  yield  high-octane  gasoline.  Process
    yields less residual oils and light gases than thermal cracking;
  7. Coking
    A thermal cracking process for the conversion of heavy low grade products, such as
    reduced crude, straight run pitch, cracked tars, and shale oil into solid coke (carbon) and lower boiling hydrocarbon products which are suitable as feed for other refinery units for conversion into lighter products; and
  8. Isomerization
    The refinery process of converting petroleum compounds into their isomers.

Note 3
For the purposes of heading 27.10, “direct blending” is defined as a refinery process
whereby various petroleum streams from processing units and petroleum components from holding/storage tanks combine to create a finished product, with pre-determined parameters, classified under heading 27.10, provided that the non-originating material constitutes no more than 25 % by volume of the product.

Chapter 28 Inorganic chemicals; organic or inorganic compounds of precious metals, of rare- earth metals, of radioactive elements or of isotopes
Chapter 29 Organic chemicals
Chapter 30 Pharmaceutical products
Chapter 31 Fertilisers
Chapter 32 Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks
Chapter 33 Essential oils and resinoids; perfumery, cosmetic or toilet preparations
Chapter 34 Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, "dental waxes" and dental preparations with a basis of plaster
Chapter 35 Albuminoidal substances; modified starches; glues; enzymes
Chapter 36 Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations
Chapter 37 Photographic or cinematographic goods
Chapter 38 Miscellaneous chemical products
Chapter 39 Plastics and articles thereof
Chapter 40 Rubber and articles thereof
Chapter 41 Raw hides and skins (other than furskins) and leather
Chapter 42 Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk-worm gut)
Chapter 43 Furskins and artificial fur; manufactures thereof
Chapter 44 Wood and articles of wood; wood charcoal
Chapter 45 Cork and articles of cork
Chapter 46 Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork
Chapter 47 Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap)paper or paperboard
Chapter 48 Paper and paperboard; articles of paper pulp, of paper or of paperboard
Chapter 49 Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans
Chapter 50 Silk
Chapter 51 Wool, fine or coarse animal hair; horsehair yarn and woven fabric
Chapter 52 Cotton
Chapter 53 Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn
Chapter 54 Man-made filaments
Chapter 55 Man-made staple fibres
Chapter 56 Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof
Chapter 57 Carpets and other textile floor coverings
Chapter 58 Special  woven  fabrics;  tufted  textile  fabrics;  lace;  tapestries;  trimmings; embroidery
Chapter 59 Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for industrial use
Chapter 60 Knitted or crocheted fabrics
Chapter 61 Articles of apparel and clothing accessories, knitted or crocheted

Note
For the purposes of determining the origin of a product of this Chapter, the rule applicable to that product shall apply only to the component that determines the tariff classification of the product and such component must satisfy the tariff change requirements set out in the rule for that product.

Chapter 62 Articles of apparel and clothing accessories, not knitted or crocheted

Note
For the purposes of determining the origin of a product of this Chapter, the rule applicable to that product shall apply only to the component that determines the tariff classification of the product and such component must satisfy the tariff change requirements set out in the rule for that product.

Chapter 63 Other made up textile articles; sets; worn clothing and worn textile articles; rags

Note
For the purposes of determining the origin of a product of this Chapter, the rule applicable to that product shall apply only to the component that determines the tariff classification of the product and such component must satisfy the tariff change requirements set out in the rule for that product.

Chapter 64 Footwear, gaiters and the like; parts of such articles

Note
For the purposes of heading 64.01 through 64.05, “formed uppers”of subheading
6406.10 means uppers, with closed bottoms, which have been shaped by lasting, moulding or otherwise but not by simply closing at the bottom.

Chapter 65 Headgear and parts thereof
Chapter 66 Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops and parts thereof
Chapter 67 Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair
Chapter 68 Articles of stone, plaster, cement, asbestos, mica or similar materials
Chapter 69 Ceramic products
Chapter 70 Glass and glassware
Chapter 71 Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin
Chapter 72 Iron and steel
Chapter 73 Articles of iron or steel
Chapter 74 Copper and articles thereof
Chapter 75 Nickel and articles thereof
Chapter 76 Aluminium and articles thereof
Chapter 78 Lead and articles thereof
Chapter 79 Zinc and articles thereof
Chapter 80 Tin and articles thereof
Chapter 81 Other base metals; cermets; articles thereof
Chapter 82 Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal

Note
Handles of base metal used in the production of a product of this Chapter shall be disregarded in determining the origin of that product.

Chapter 83 Miscellaneous articles of base metal
Chapter 84 Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof
Chapter 85 Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles
Chapter 86 Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds
Chapter 87 Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof
Chapter 88 Aircraft, spacecraft, and parts thereof
Chapter 89 Ships, boats and floating structures
Chapter 90 Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof
Chapter 91 Clocks and watches and parts thereof
Chapter 92 Musical instruments; parts and accessories of such articles
Chapter 93 Arms and ammunition; parts and accessories thereof
Chapter 94 Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings
Chapter 95 Toys, games and sports requisites; parts and accessories thereof
Chapter 96 Miscellaneous manufactured articles
Chapter 97 Works of art, collectors' pieces and antiques
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