Sargon of Akkad - Carl Benjamin - The Trans-Pacific Partnership - Full Text (Part 1⧸5)

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Nov. 19, 2015 - Sargon of Akkad - Carl Benjamin

05:30:12

The Trans-Pacific Partnership - Full Text (Part 1⧸5)

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	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions preamble the parties to this agreement, resolving to establish a comprehensive regional agreement that promotes economic integration to liberalize trade and investment, bring economic growth and social benefits,
	create new opportunities for workers and businesses, contribute to raising living standards, benefit consumers, reduce poverty and promote sustainable growth, strengthen the bonds of friendship and cooperation between them and their peoples, build on their respective rights and obligations under the Marrakesh Agreement establishing the World Trade Organization,
	recognize the differences in their levels of development and diversity of economies, strengthen the competitiveness of their businesses in global markets and enhance the competitiveness of their economies by promoting opportunities for businesses, including promoting the development and strengthening of regional supply chains,
	support the growth and development of micro, small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by this agreement, establish a predictable legal and commercial framework for trade and investment through mutually advantageous rules,
	facilitate regional trade by promoting efficient and transparent customs procedures that reduce costs and ensure predictability for their importers and exporters, recognize their inherent right to regulate and resolve to preserve the flexibility of the parties to set legislative and regulatory priorities, safeguard public welfare, and protect legitimate public welfare objectives,
	such as public health, safety, the environment, the conservation of living or non-living exhaustible natural resources, the integrity and stability of the financial system and public morals, recognize further their inherent right to adopt, maintain or modify health care systems, subject to legal review in English, Spanish and French for accuracy,
	clarity and consistency subject to authentication of English, Spanish and French versions affirm that state-owned enterprises can play a legitimate role in the diverse economies of the parties, while recognizing that the provision of unfair advantages to state-owned enterprises undermines fair and open trade and investment,
	and resolve to establish rules for state-owned enterprises that promote a level playing field with privately owned businesses, transparency and sound business practices, promote high levels of environmental protection, including through effective enforcement of environmental laws, and further the aims of sustainable development, including through mutually supportive trade and environmental Governmental policies and practices,
	protect and enforce labor rights, improve working conditions and living standards, strengthen cooperation and the parties capacity on labor issues, promote transparency, good governance and rule of law, and eliminate bribery and corruption in trade and investment,
	recognize the important work that our relevant authorities are doing to strengthen macroeconomic cooperation, including on exchange rate issues, in appropriate fora, recognize the importance of cultural identity and diversity among and within the parties, and that trade and investment can expand opportunities to enrich cultural identity and diversity at home and abroad,
	contribute to the harmonious development and expansion of world trade and provide a catalyst to broader regional and international cooperation,
	establish an agreement to address future trade and investment challenges and opportunities, and contribute to advancing their respective priorities over time, and expand their partnership by encouraging the accession of other states or separate customs territories in order to further enhance regional economic integration and create the foundation of a free trade area of the Asia-Pacific, have agreed as follows.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	1-1.
	Chapter 1.
	Initial provisions and general definitions.
	Section A. Initial provisions.
	Article 1.1, Establishment of a Free Trade Area.
	The parties to this agreement, consistent with Article XXIV or GATT 1994 and Article V of GAAS, hereby establish a free trade area in accordance with the provisions of this agreement.
	Article 1.2, Relation to Other Agreements.
	1.
	Recognizing the parties' intention for this agreement to coexist with their existing international agreements, each party affirms.
	A, in relation to existing international agreements to which all parties are party, including the WTO agreement, its existing rights and obligations with respect to each other, and b in relation to existing international agreements to which that party and at least one other party are party, its existing rights and obligations with respect to such other party or parties, as the case may be.
	2.
	If a party believes that a provision of this agreement is inconsistent with the provision of another agreement to which it and at least one other party are party, upon request, the relevant parties to the other agreement shall consult with a view to reaching a mutually satisfactory solution.
	This paragraph is without prejudice to a party's rights and obligations under Chapter 28.
	Dispute settlement.
	1.
	1.
	For the purpose of application of this agreement, the parties agree that the fact that an agreement provides more favorable treatment of goods, services, investments, or persons than that provided for under this agreement does not mean that there is an inconsistency within the meaning of paragraph 2.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	1-2.
	Section B, General Definitions.
	Article 1.3, General Definitions.
	For the purposes of this agreement, unless otherwise specified, AD Agreement means the agreement on the implementation of Article 6 of the General Agreement.
	On Tariffs and Trade 1994, contained in Annex I to the WTO Agreement, Agreement means the Trans-Pacific Partnership Agreement, APEC means Asia-Pacific Economic Cooperation, Central Level of Government is for each party the meaning set out at Annex I Party Specific Definitions.
	Commission means the Trans-Pacific Partnership Commission established under Article 27.1.
	Establishment of the Trans-Pacific Partnership Commission, covered investment means, with respect to a party, an investment in its territory of an investor.
	Of another party in existence as of the date of entry into force of this agreement or established, acquired, or expanded thereafter.
	Customs administration means the competent authority that is responsible under the laws of a party for the administration of customs laws, regulations and, where applicable, policies, and has for each party the meaning set out at Annex 1 or party specific definitions.
	Customs duty includes any duty or charge of any kind imposed on or in connection with the importation of a good, and any set acts or surcharge imposed in connection with such importation, but does not include any charge equivalent to an internal tax imposed consistently with Article 3, 2 of GATT 1994.
	B, fee or other charge in connection with the importation commensurate with the cost of services rendered, and C. Anti-dumping or countervailing duty.
	Customs valuation agreement means the agreement on the implementation of Article 7 of the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	1-3.
	Days means calendar days, enterprise means any entity constituted or organized under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including any corporation, trust, partnership, sold proprietorship, joint venture, association, or similar organization, existing means in effect on the date of entry into force of this agreement,
	GAS means the general agreement on trade in services, contained in Annex 1B to the WTO.
	Agreement, GATT 1994 means the general agreement on tariffs and trade 1994, contained in Annex 1R.
	To the WTO agreement, goods of a party means domestic products as these are understood in GATT 1994 or such goods.
	As the parties may agree and includes originating goods of a party, government procurement means the process by which a government obtains the use of or acquires goods or services, or any combination thereof, for governmental purposes and not with a view to commercial sale or resale or use in the production or supply of goods or services for commercial sale or resale.
	Harmonized system, HS, means the harmonized commodity description and coding system, including its general rules of interpretation, section notes, chapter notes and subheading.
	notes as adopted and implemented by the parties in their respective laws, heading means the first four digits in the tariff classification number under the harmonized system, measure includes any law, regulation, procedure, requirement, or practice.
	National means a natural person who has the nationality of a party according to Annex 1R.
	Party specific definition or a permanent resident of a party.
	Originating means qualifying under the rules of origin set out in Chapter 3, Rules of Origin and Origin Procedures, or Chapter 4, Textiles and Apparel, Party means any state or separate customs territory for which this agreement is in force, person means a natural person or an enterprise, person of a party means a national or an enterprise of a party, subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	1-4.
	Preferential tariff treatment means the customs duty rate applicable to an originating good, pursuant to each party's tariff elimination schedule set out in Annex 2D, tariff elimination, recovered material means a material in the form of one or more individual parts that results.
	From a, the disassembly of a used good into individual parts, and b the cleaning, inspecting, testing or other processing of those parts as necessary for improvement to sound working condition, remanufactured good means a good classified in HS chapters 84 through 90 or under heading 94.02 except goods classified under HS headings 84.18, 85.09,
	85.10, and 85.16, 87.03 or subheadings 8414.51, 8450.11, 8450.12,
	8508.11, and 8517.11, that is entirely or partially composed of recovered materials and has a similar life expectancy and performs the same as or similar to such a good when new, and B, has a factory warranty similar to that applicable to such a good when new, regional level of government has for each party the meaning set out at Annex 1A,
	party specific, definitions, safeguards agreement means the agreement on safeguards, contained in Annex 1 at the WTO agreement, sanitary or byto sanitary measure means any measure referred to in paragraph 1 of Annex A. Of the SPS agreement, SCM agreement means the agreement on subsidies and countervailing measures, contained in Annex 1A to the WTO agreement,
	SME means a small and medium-sized enterprise including a micro-sized enterprise, SPS agreement means the agreement on the application of sanitary and byto sanitary measures, contained in Annex 1A to the WTO agreement, state enterprise means an enterprise that is owned, or controlled through ownership interests, by a party,
	subheading means the first six digits in the tariff classification number under the harmonized system, subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	1-5.
	Territory has, for each party, the meaning set out at Annex 1 are party specific definitions.
	Textile or apparel good means a good listed in annex 4.
	Textiles and apparel product.
	Specific rules of origin.
	Trips agreement means the agreement on trade related aspects of intellectual property rights contained in annex 1c to the WTO agreement.
	2 WTO means the World Trade organization and WTO agreement means the marriage agreement establishing the world trade organization done on April 15 1994 2.
	For greater certainty, TRIPS agreement includes any waiver in force between the parties of any provision of the TRIPS agreement granted by WTO members in accordance with the WTO agreement, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 1-6.
	Annex 1 are party specific definitions further to article 1.3 for the purposes of this agreement, unless otherwise specified.
	Central level of government means, a for Australia, the Commonwealth government.
	B for Brunei, Der Russalaim, the national level of government.
	C for Canada, the government of Canada.
	D for Chile, the national level of government.
	E for Japan, the government of Japan.
	F for Malaysia, the federal level of government.
	G for Mexico, the federal level of government.
	H for New Zealand, the national level of government.
	I for Peru, the national level of government.
	J for Singapore, the national level of government.
	K for the United States, the federal level of government and.
	L for Vietnam, the national level of government.
	Customs administration means, a in relation to Australia means the Australian customs and border protection service B. In relation to Brunei, der Russalim means the Royal Customs AND Excise Department C. In relation to Canada means the Canada Border Services Agency D.
	In relation to Chile means the National Customs Service OF Chile, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 1-7.
	E in relation to Japan means the Ministry OF Finance F. In relation to Malaysia means the Royal Malaysian Customs Department G. In relation to Mexico means the Ministry OF Finance AND Public Credit H. In relation to New Zealand means the NEW Zealand Customs Service I. In relation to Peru means the national superintendents of customs and tax administration.
	J, in relation to Singapore means the Singapore customs.
	K. In relation to the United States of America means US customs and border protection and, with respect to provisions that concern enforcement, information, sharing and investigations, this also means US immigration and customs.
	Enforcement, as applicable, and L, in relation to Vietnam means the General Department of Vietnam Customs, or any successor of such customs administration.
	Natural person who has the nationality of a party means L, with respect to Australia, a natural person who is an Australian citizen as defined.
	In the Australian Citizenship Act 2007 as amended from time to time, or any successor legislation.
	B, with respect to Brunei der Russalaim, a subject of His Majesty the Sultan and Yang. Daipachuan in accordance with the laws of Brunei der Russalaim.
	C, with respect to Canada, a natural person who is a citizen of Canada under Canadian legislation.
	D. With respect to Chile, a Chilean as defined in Article 10 of the Political Constitution of the Republic of Chile.
	E, with respect to Japan, a natural person who has the nationality of Japan under its laws.
	F, with respect to Malaysia, a natural person who is a citizen of Malaysia in accordance with its laws and regulations, subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	1-8.
	G. With respect to Mexico, a person who has the nationality of Mexico in accordance.
	With its applicable laws.
	H. With respect to New Zealand, a natural person who is a citizen as defined in the Citizenship Act 1977, as amended from time to time, or any successor legislation.
	I, with respect to Peru, a natural person who has the nationality of Peru by birth, naturalization or option in accordance with the political constitution of Peru.
	Constitution Politaca del Peru and other relevant domestic legislation.
	J. With respect to Singapore, any person who is a citizen of Singapore within the meaning of its constitution and its domestic laws.
	K. With respect to the United States, national of the United States as defined in the Immigration and Nationality Act, and L, with respect to Vietnam, any person who is a citizen of Vietnam within the meaning of its constitution and its domestic laws, regional level of government means, A, for Australia, means a state of Australia, the Australian Capital Territory, or the Northern Territory.
	B, for Brunei der Russalaim, the term regional level of government is not applicable.
	C, for Canada, means a provincial or territorial government.
	D, for Chile, as a unitary republic, the term regional level of government is not applicable.
	E, for Japan, the term regional level of government is not applicable.
	F, for Malaysia, means a state of the Federation of Malaysia in accordance with the Federal Constitution of Malaysia.
	G, for Mexico, means a state of the United Mexican States.
	H. For New Zealand, the term regional level of government is not applicable.
	I, for Peru, means regional government in accordance with the political constitution of Peru Constitution Politaca del Peru and other applicable legislation, subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	1-9.
	J. For Singapore, the term regional level of government is not applicable.
	K, for the United States, means a state of the United States, the District of Columbia, or Puerto Rico, and.
	L. For Vietnam, the term regional level of government is not applicable, and territory means, A, with respect to Australia, the territory of Australia.
	I, excluding all external territories other than the territory of Norfolk Island, the territory of Christmas Island, the territory of Cocos, Keeling, Islands, the Territory of Ashmore and Cartier Islands, the Territory of Heard Island,
	and MacDonald Islands, and the Coral Sea Islands Territory, and 2, including Australia's Territorial Sea, Contiguous Zone, Exclusive Economic Zone and Continental Shelf over which Australia exercises sovereign rights or jurisdiction in accordance with international law.
	B. With respect to Brunei der Russell, the territory of Brunei der Russell including its territorial sea, extending to the airspace above such territory, over which it exercises sovereignty,
	and the maritime area beyond its territorial sea, including seabed and sub-soil, which has been or may hereafter be designated under the laws of Brunei der Russell as an area over which it exercises rights and jurisdiction in accordance with international law.
	C. With respect to Canada.
	I.
	The land territory, airspace, internal waters and territorial seas of Canada.
	2.
	The exclusive economic zone of Canada, as determined by its domestic law, consistent with Part V of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982, UNCLO, and 3.
	The continental shelf of Canada, as determined by its domestic law, consistent with Part 6 of UNCLO.
	D, with respect to Chile, the land, maritime, and airspace under its sovereignty, and.
	The exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international law and its domestic law, subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	1-10.
	E. With respect to Japan, the territory of Japan, and all the area beyond its territorial.
	C, including the seabed and subsoil thereof, over which Japan exercises.
	Sovereign rights or jurisdiction in accordance with international law including the United Nations Convention on the Law of the Sea, UNCLO, and the laws and regulations of Japan.
	F, with respect to Malaysia, its land, territory, internal waters and territorial sea, as.
	Well as any maritime area situated beyond the territorial sea which has been or might in the future be designated under its national law, in accordance with international law, as an area within which Malaysia may exercise sovereign rights or jurisdiction with regards to the sea, the seabed, the subsoil and the natural resources.
	G. With respect to Mexico.
	I.
	The states of the Federation and the Federal District.
	2. The islands, including the reefs and keys in the adjacent seas.
	3. The islands of Guadalupe and Riviel Ajajdo, situated in the Pacific Ocean.
	4. The continental shelf and the submarine shelf of such islands, keys and reefs.
	V.
	The waters of the territorial seas in accordance with international law and its interior maritime waters.
	6. The space located above the national territory, in accordance with international law, and 7. Any areas beyond the territorial seas of Mexico within which, in accordance with international law, including the United Nations Convention on the Law of the Sea, as may be amended and its domestic law,
	Mexico may exercise rights with respect to the seabed and subsoil and their natural resources.
	H. With respect to New Zealand, the territory of New Zealand in the exclusive economic zone, seabed and subsoil over which it exercises sovereign rights with respect to natural resources in accordance with international law, but does not include Tokilau.
	I. With respect to Peru, the mainland territory, the islands, the maritime areas, and subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	1-11.
	The airspace above them under sovereignty or sovereign rights and jurisdiction of Peru in accordance with the provisions of the political constitution of Peru.
	Constitution Politaca del Peru and other relevant domestic law and international law.
	J. With respect to Singapore, its land territory, internal waters and territorial sea, as well as any maritime area situated beyond the territorial sea which has been or might in the future be designated under its national law,
	in accordance with international law, as an area within which Singapore may exercise sovereign rights or jurisdiction with regards to the sea, the seabed, the subsoil and the natural resources.
	K. With respect to the United States.
	I.
	The customs territory of the United States, which includes the 50 states, the District of Columbia and Puerto Rico.
	2. The foreign trade zones located in the United States and Puerto Rico, and 3.
	Any areas beyond the territorial seas of the United States within which, in accordance with international law and its domestic law, the United States may exercise sovereign rights with respect to the seabed and sub-soil and their natural resources, and L.
	With respect to Vietnam, the land territory, islands, internal waters, territorial sea, and airspace above them, the maritime areas beyond territorial sea including seabed, sub-soil and natural resources thereof over which Vietnam exercises its sovereignty, sovereign rights or jurisdiction in accordance with its domestic laws and international law.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 1 Chapter 2 National Treatment and Market Access for Goods Section A colon definitions and scope Article 2.1.
	Definitions for the purposes of this chapter, advertising films and recordings means recorded visual media or audio materials, consisting essentially of images and forward slash or sound, showing the nature or operation of goods or services offered for sale or lease by a person established or resident in the territory of a party,
	provided that such materials are of a kind suitable for exhibition to prospective customers but not for broadcast to the general public.
	Commercial samples of negligible value means commercial or trade samples having a value, individually or in the aggregate as shipped, of not more than 1 US dollar, or the equivalent amount in the currency of another party, or so marked, torn, perforated or otherwise treated that they are unsuitable for sale or for use except as commercial samples.
	Consular transactions means requirements that goods of a party intended for export to the territory of the other party must first be submitted to the supervision of the consul of the importing party in the territory of the exporting party for the purpose of obtaining consular invoices or consular visas for commercial invoices,
	certificates of origin, manifests, shippers export declarations, or any other customs.
	Documentation required on or in connection with importation.
	Consumed means, A, actually consumed, or, B, further processed or manufactured so as to result in a substantial change in the value, form, or use of the good or in the production of another good, due to free means free of customs duty, good, s, means any merchandise,
	Merchandise, product, article or material, goods admitted for sports purposes means sports requisites for use in sports contests, demonstrations or training in the territory of the party.
	Into whose territory such goods are admitted, subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 2.
	Goods intended for display or demonstration includes their component parts, ancillary apparatus, and accessories.
	Import licensing means an administrative procedure requiring the submission of an application or other documentation, other than that generally required for customs clearance purposes to the relevant administrative body as a prior condition for importation into the territory of the importing party.
	Import licensing agreement means the WTO agreement on import licensing procedures.
	Performance requirement means a requirement that, a a given level or percentage of goods or services be exported, b domestic goods or services of the party granting a waiver of customs duties or an import license be substituted for imported goods,
	c a person benefiting from a waiver of customs duties or a requirement for an import license purchase other goods or services in the territory of the party granting the waiver of customs duties or the import license, or accord a preference to domestically produced goods, d.
	A person benefiting from a waiver of customs duties or a requirement for an import license produce goods or supply services, in the territory of the party granting the waiver of customs duties or the import license, with a given level or percentage of domestic content, or e.
	relates in any way to the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows, but does not include a requirement that an imported good be F subsequently exported, G. Used as a material in the production of another good that is subsequently exported,
	H substituted by an identical or similar good used as a material in the production of another good that is subsequently exported, or I. Substituted by an identical or similar good that is subsequently exported, and printed advertising materials means those goods classified in chapter 49 of the harmonized system,
	including brochures, pamphlets, leaflets, trade catalogues, e-books published by trade subject to legal review in English, Spanish and French for accuracy,
	clarity and consistency subject to authentication of English, Spanish and French versions 2 to 3 Associations, tourist promotional materials and posters, that are used to promote, publicize or advertise a good or service, are essentially intended to advertise a good or service, and are supplied free of charge.
	Article 2.2, scope except as otherwise provided in this agreement, this chapter applies to trade in goods of a party.
	Section B National Treatment and Market Access for Goods Article 2.3, National Treatment 1.
	Each party shall accord national treatment to the goods of the other parties in accordance with Article 3 of GATT 1994, including its interpretative notes, and to this end, Article 3 of GATT 1994 and its interpretative notes are incorporated into and shall form part of this agreement, mutatis mutandis.
	2 For greater certainty, The treatment to be accorded by a party under paragraph 1 means, with respect to a regional level of government, treatment no less favorable than the most favorable treatment that regional level of government accords to any like, directly competitive, or substitutable goods, as the case may be, of the party of which it forms a part.
	3 Paragraph 1 shall not apply to the measures set out in Annex 2a, national treatment and import and export restrictions.
	Article 2.4, Elimination of Customs Duties 1.
	Except as otherwise provided in this agreement, no party may increase any existing customs duty, or adopt any new customs duty, on an originating good.
	2.
	Except as otherwise provided in this agreement, each party shall progressively eliminate its customs duties on originating goods in accordance with its schedule to annex 2D, tariff elimination.
	3.
	On the request of any party, the requesting party and one or more other parties shall consult to consider accelerating the elimination of customs duties set out in the schedules to annex 2D, tariff elimination.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 4 4.
	An agreement between two or more of the parties to accelerate the elimination of a customs duty on an originating good shall supersede any duty rate or staging category determined pursuant to their schedules to annex 2D, tariff elimination, for that good when approved by each party to that agreement in accordance with its applicable legal procedures.
	The parties to that agreement shall inform the other parties as early as practicable before the new rate of customs duty takes effect.
	5 A party may at any time unilaterally accelerate the elimination of customs duties on originating goods of one or more of the other parties set out in its schedule in Annex 2D, tariff elimination.
	A party shall inform the other parties as early as practicable before the new rate of customs duty takes effect.
	6.
	For greater certainty, no party shall prohibit an importer from claiming for an originating good the rate of customs duty applied under the WTO agreement.
	7.
	For greater certainty, a party may raise a customs duty to the level established in its schedule to annex 2D, tariff elimination, following a unilateral reduction for the year respective.
	Article 2.5, Waiver of Customs Duties 1.
	No party may adopt any new waiver of customs duties, or expand with respect to existing recipients or extend to any new recipient the application of an existing waiver of customs duties, where the waiver is conditioned, explicitly or implicitly, on the fulfillment of a performance requirement.
	2.
	No party may, explicitly or implicitly, condition on the fulfillment of a performance requirement the continuation of any existing waiver of customs duties Article 2.6, goods re-entered after repair or alteration 1.
	No party shall apply a customs duty to a good, regardless of its origin, that re-enters its territory after that good has been temporarily exported from its territory to the territory of another party for repair or alteration,
	regardless of whether such repair or alteration could be performed in the territory of the party from which the good was exported for repair or alteration or has increased the value of the good 11 With respect to Canada, this paragraph shall not apply to certain ships of Chapter 89 that have been repaired or altered.
	These ships will be treated in a manner consistent with the notes associated with the relevant tariff items in Canada's tariff schedule to annex 2D, tariff elimination.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 5 2.
	No party shall apply a customs duty to a good, regardless of its origin, admitted temporarily from the territory of another party for repair or alteration.
	3.
	For the purposes of this article, repair or alteration does not include an operation or process that, a. destroys a good's essential characteristics or creates a new or commercially different good, or b transforms an unfinished good into a finished good.
	Article 2.7.
	Due to free entry of commercial samples of negligible value and printed advertising material Each party shall grant due to free entry to commercial samples of negligible value and printed advertising material imported from the territory of another party, regardless of their origin, but may require that,
	a. such samples be imported solely for the solicitation of orders for goods, or services provided from the territory, of another party or a non-party, or, b. such advertising materials are imported in packets that each contain no more than one copy of each material and that neither such materials nor packets form part of a larger consignment.
	Article 2.8, temporary admission of goods 1. Each party shall grant due to free temporary admission for the following goods, regardless of their origin, a. Professional equipment, including equipment for the press or television, software and broadcasting and cinematographic equipment, necessary for carrying out the business activity,
	trade or profession of a person who qualifies for temporary entry pursuant to the laws of the importing party, b. Goods intended for display or demonstration, c. Commercial samples and advertising films and recordings, and, d. Goods admitted for sports purposes.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 6 2. Each party shall, at the request of the person concerned and for reasons its customs authority considers valid, extend the time limit for temporary admission beyond the period initially fixed.
	3. No party may condition the duty-free temporary admission of goods referred to in paragraph 1, other than to require that such goods, a. be used solely by or under the personal supervision of a national or resident of another party in the exercise of the business activity, trade, profession, or sport of that person, b. Not be sold or leased while in its territory,
	c. Be accompanied by a security in an amount no greater than the charges that would otherwise be owed on entry or final importation, releasable on exportation of the good, d. Be capable of identification when imported and exported,
	e. Be exported on the departure of the person referenced in sub-paragraph, A, or within such other period reasonably related to the purpose of the temporary admission as the party may establish, or within one year, unless extended, f. Be admitted in no greater quantity than is reasonable for their intended use, and, g. Be otherwise admissible into the party's territory under its laws.
	4. Each party shall grant duty-free temporary admission for containers and pallets regardless of their origin, in use or to be used in the shipment of merchandise or goods in international traffic.
	A. For the purposes of this paragraph, container means an article of transport equipment that is fully or partially enclosed to constitute a compartment intended for containing merchandise or goods, is substantial and has an internal volume of one cubic meter or more, is of a permanent character and accordingly strong enough to be suitable for repeated use, is used in significant numbers in international traffic,
	is specially designed to facilitate the carriage of merchandise or goods by more than one mode of transport without intermediate reloading, and is designed both for ready handling, particularly when being transferred from one subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English,
	Spanish and French versions 2 to 7 mode of transport to another, and to be easy to fill and to empty, but does not include vehicles, accessories or spare parts of vehicles, or packaging.
	2.
	b. For the purposes of this paragraph, pallet means a small, portable platform, which consists of two decks separated by bearers or a single deck supported by feet, on which goods can be moved, stacked, and stored, and which is designed essentially for handling by means of fork lift trucks, pallet trucks, or other jacking devices.
	5. If any condition that a party imposes under paragraph 3 has not been fulfilled, the party may apply the customs duty and any other charge that would normally be owed on the good plus any other charges or penalties provided for under its law.
	6.
	Each party shall adopt and maintain procedures providing for the expeditious release of goods admitted under this article.
	To the extent possible, such procedures shall provide that when such a good accompanies a national or resident of another party who is seeking temporary entry, the goods shall be released simultaneously with the entry of that national or resident.
	7. Each party shall permit a good temporarily admitted under this article to be exported through a customs port other than that through which it was admitted.
	8. Each party, in accordance with domestic law, shall provide that the importer or other person responsible for a good admitted under this article shall not be liable for failure to export the good on presentation of satisfactory proof to the importing party that the good has been destroyed within the original period fixed for temporary admission or any lawful extension.
	9 Subject to Chapter 9, Investment, and Chapter 10, Cross-Border Trade in Services, A. Each party shall allow a vehicle or container used in international traffic that enters its territory from the territory of another party to exit its territory on any route that is reasonably related to the economic and prompt departure of such vehicle or container 3.
	b. No party shall require any security or impose any penalty or charge solely by reason of any difference between the customs port of entry and the customs port of departure of a vehicle or container.
	2 Each party shall eliminate customs duties on containers classified in HS 86.09 that have an internal volume of less than 1 cubic meter at entry into force of this agreement for that party as set out in that party's schedule to annex 2D, tariff elimination.
	3 For greater certainty, nothing in this subparagraph shall be construed to prevent a party from adopting or maintaining highway and railway safety measures of general application, or from preventing a vehicle or container from entering or exiting its territory in a location where the party does not maintain a customs port.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 8, c. No party shall condition the release of any obligation, including any security that it imposes in respect of the entry of a vehicle or container into its territory on its exit through any particular customs port of departure,
	and, d. No party shall require that the vehicle or carrier bringing a container from the territory of another party into its territory be the same vehicle or carrier that takes such container to the territory of that other party, or to the territory of any other party.
	10 For purposes of paragraph 9, vehicle means a truck, a truck tractor, a tractor, a trailer unit or trailer, a locomotive, or a railway car or other railroad equipment.
	Article 2.10, Ad Hoc Discussions 1. Each party shall designate a contact point for trade in goods to facilitate communications amongst the parties on any matter covered by this chapter, including any request or information conveyed under Article 26.5 relating to measures of a party which affects the operation of this chapter.
	2 Any party, the requesting party, may request ad hoc discussions to discuss any matter arising under this chapter, including specific non-tariff measures, except a matter that could be addressed under a chapter-specific consultation mechanism established under another chapter, that the requesting party believes may adversely affect its interests in trade in goods by delivering a written request to another party,
	the requested party, through the contact points for trade in goods of the requesting party and requested party.
	The request shall be in writing and identify the reasons for the request, including a description of the requesting party's concerns and an indication of the provisions of this chapter to which the concerns relate.
	The requesting party may provide all the other parties with a copy of the request.
	3.
	To the extent that the party to which the request is directed considers that the matter which is the subject of the request should be addressed under a chapter-specific consultation mechanism established under another chapter,
	it shall promptly notify the contact points for trade in goods of the requesting party including the reasons it considers that the request should be addressed under the other mechanism and forward the request and such notification to the parties respective contact.
	Points designated under Article 27.5, Contact Points, for appropriate action.
	4 Within 30 days of receipt of a request under paragraph 2, the requested party shall provide a written reply to the requesting party.
	Within 30 days of the requesting party's receipt of the reply, the requesting and requested parties, the discussing parties, shall meet in person or via electronic means to discuss the matter identified in the request.
	If the discussing parties choose to meet in person, the meeting shall take place in the territory of the requested party, unless otherwise decided by the discussing parties.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 95.
	Any party may submit a written request to the discussing parties to participate in the ad hoc discussions.
	If the matter has not been resolved prior to receipt of such request and if discussing Discussing parties agree, such party may participate in the ad hoc discussions held under this article subject to such conditions as the discussing parties may decide.
	6.
	If the requesting party believes that the matter is urgent, it may request that any discussions take place within a time frame shorter than that provided for under paragraph 4.
	Any party may request urgent ad hoc discussions where a measure is applied without prior notice or without an opportunity for parties to avail themselves of the opportunities for ad hoc discussions provided in paragraphs 2,
	3 and 4, and b may threaten to impede the importation, sale or distribution of an originating good which is in the process of being transported from the exporting party to the importing party, or has not been released from customs control or is in storage in a warehouse regulated by the customs administration of the importing party.
	7.
	Ad hoc discussions under this article shall be confidential and without prejudice to the rights of any party, including being without prejudice to rights pertaining to dispute settlement proceedings under Chapter 28, Dispute Settlement.
	Article 2.11, Import and Export Restrictions 1.
	Except as otherwise provided in this agreement, no party shall adopt or maintain any prohibition or restriction on the importation of any good of another party or on the exportation or sale for export of any good destined for the territory of another party,
	except in accordance with Article 11 of the GATT 1994 and its interpretative notes, and to this end Article 11 of the GATT 1994 and its interpretive notes are incorporated into and made a part of this agreement, mutatis mutandis.
	2.
	The parties understand that the GATT 1994 rights and obligations incorporated by paragraph 1 prohibit, in any circumstances in which any other form of restriction is prohibited, a party from adopting or maintaining export and import price requirements, except as permitted in enforcement of countervailing and anti-dumping duty orders and undertakings,
	b import licensing conditioned on the fulfillment of a performance requirement, or subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 10, see voluntary export restraints inconsistent with Article 6 of the GATT 1994, as implemented under Article 18 of the SCM Agreement and Article 8.1 of the AD Agreement.
	3.
	For greater certainty, paragraph 1 applies to the importation of commercial cryptographic goods.
	4.
	For the purposes of paragraph 3, commercial cryptographic goods means any good implementing or incorporating cryptography, where the good is not designed or modified specifically for government use and is sold or otherwise made available to the public.
	5.
	Paragraphs 1 and 2 shall not apply to the measures set out in Annex II, National Treatment and Import and Export Restrictions.
	6.
	In the event that a party adopts or maintains a prohibition or restriction on the importation from or exportation to a non-party of a good, no provision of this agreement shall be construed to prevent that party from a limiting or prohibiting the importation of the good of the non-party from the territory of another party,
	or b requiring as a condition for exporting the good of that party to the territory of another party, that the good not be re-exported to the non-party, directly or indirectly, without being consumed in the territory of the other party.
	7.
	In the event that a party adopts or maintains a prohibition or restriction on the importation of a good from a non-party, the parties, on the request of any party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, or distribution arrangements in another party.
	8.
	No party may, as a condition for engaging in importation or for the importation of a good, require a person of another party to establish or maintain a contractual or other relationship with a distributor in its territory.
	4.9 for greater certainty, paragraph 8 does not prevent a party from requiring that a person referred to in that paragraph designate a point of contact for the purpose of facilitating communications between its regulatory authorities and that person.
	4.
	This paragraph shall not apply to the importation or distribution of rice and paddy in Malaysia.
	Subject to legal review in English, Spanish, and French for accuracy, clarity, and consistency.
	Subject to authentication of English, Spanish, and French versions 2 to 1110.
	For the purposes of paragraph 8, distributor means a person of a party who is responsible for the commercial distribution, agency, concession, or representation in the territory of that party of goods of another party.
	Article 2.12, Remanufactured Goods 1. For greater certainty, paragraph 1 of Article 2.11, Import and Export Restrictions, applies to prohibitions and restrictions on the importation of remanufactured goods.
	2. If a party adopts or maintains measures prohibiting or restricting the importation of used goods, it shall not apply those measures to remanufactured goods.
	56 Article 2.13, Import Licensing 1. No party may adopt or maintain a measure that is inconsistent with the import licensing agreement.
	2. Promptly after this agreement enters into force for a party, that party shall notify the other parties of its existing import licensing procedures, if any.
	The notification shall include the information specified in Article 5.2 of the import licensing agreement and any information required under paragraph 6.
	3 A party shall be deemed to be in compliance with paragraph 2 with respect to an existing import licensing procedure if a it has notified that procedure to the Committee on Import Licensing provided for in Article 4 of the Import Licensing Agreement together with the information specified in Article 5.2 of that agreement, b.
	In the most recent annual submission due before entry into force of this agreement for that party to the Committee on Import Licensing in response to the 5 for greater certainty,
	subject to its obligations under this agreement and the relevant WTO agreements, a party may require that remanufactured goods be identified as such for distribution or sale in its territory, and b meet all applicable technical requirements that apply to equivalent goods in new condition.
	6.
	This paragraph shall not apply to the treatment of certain remanufactured goods by Vietnam as set out in Annex 2B, Remanufactured Goods.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 12 Annual Questionnaire on import licensing procedures described in Article 7.3 of the Import Licensing Agreement, it has provided, with respect to that procedure, the information requested in that questionnaire, and,
	c, it has included in either the notification described in subparagraph, a, or the annual submission described in subparagraph, b any information required to be notified to the other parties to this agreement under paragraph 6.
	4.
	Each party shall comply with Article 1.4, A, of the import licensing agreement with respect to any new or modified import licensing procedure.
	A party shall publish on an official government internet site any information that it is required to publish under Article 1.4 of the import licensing agreement in a source that it has notified to the Committee on Import Licensing.
	5 Each party shall notify the other parties of any new import licensing procedures it adopts and any modifications it makes to its existing import licensing procedures, whenever possible, no later than 60 days before the new procedure or modification takes effect.
	In no case shall a party provide such notification later than 60 days following the date of its publication.
	The notification shall include any information required under paragraph 6.
	A party that notifies a new import licensing procedure or a modification to an existing import licensing procedure to the Committee on Import Licensing in accordance with Articles 5.1 to 5.3 of the import licensing agreement and that includes in its notification any information required to be notified to the other parties to this agreement under paragraph 6 shall be deemed to have complied with this requirement.
	to 5.1 to 6.2 to 6.3 to 6.3 to 6.3 to 7.3 to 6.3 to 7.3 to 7.6 to 8.7 to 7.7 to 7.7 6.
	a. A notification made pursuant to paragraph 2, 3, or 5 shall state if, under any procedure that is a subject of the notification, i. The terms of an import license for any product limit the permissible end users of the product, or, 2. The party imposes any of the following conditions on eligibility for obtaining a license to import any product,
	a. Membership in an industry association, b. Approval by industry association of the request for an import license, c. A history of importing the product or similar products, d. Minimum importer or end-user production capacity,
	e. Minimum importer or end-user registered capital, or subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 30, f. A contractual or other relationship between the importer and a distributor in the party's territory.
	b. Any notification stating, pursuant to subparagraph, a. The existence of a limitation on permissible end users or a license eligibility condition shall i list all products for which the end-user limitation or license eligibility condition applies, and 2. Describe the end-user limitation or license eligibility condition.
	7. Each party shall respond within 60 days to a reasonable equery from another party concerning its licensing rules and its procedures for the submission of an application for an import license, including the eligibility of persons, firms, and institutions to make such an application, the administrative body, i.e., to be approached, and the list of products subject to the licensing requirement.
	8. Where a party has denied an import license application with respect to a good of another party, it shall, on request of the applicant and within a reasonable period after receiving the request, provide the applicant with a written explanation of the reason, s for the denial.
	9. No party shall apply an import licensing procedure to a good of another party unless it has, with respect to that procedure, met the requirements of paragraph 2 or paragraph 4, as applicable.
	Article 2.14, Transparency in Export Licensing Procedures 7.1. Within 30 days after the date this agreement enters into force, each party shall notify the other parties in writing of the publications in which its export licensing procedures, if any, are set out, including addresses of relevant government websites.
	Thereafter, each party shall publish in the notified publications and websites any new export licensing procedure, or any modification of an export licensing procedure, it adopts as soon as practicable but no later than 30 days after the new procedure or modification takes effect.
	2. Each party shall ensure that it includes in the publications it has notified under paragraph 1, a. The texts of its export licensing procedures, including any modifications it makes to these procedures.
	7. The obligations in this article apply only to procedures for applying for an export license.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 14, b.
	The goods subject to each licensing procedure, c.
	For each procedure, a description of the process for applying for a license, 2. Any criteria an applicant must meet to be eligible to seek a license, such as possessing an activity license, establishing or maintaining an investment, or operating through a particular form of establishment in a party's territory, d.
	A contact point or points from which interested persons can obtain further information on the conditions for obtaining an export license, e.
	The administrative body or bodies to which an application or other relevant documentation must be submitted, f.
	A description of or a citation to a publication reproducing in full any measure or measures that the export licensing procedure is designed to implement, g.
	The period during which each export licensing procedure will be in effect, unless the procedure will remain in effect until withdrawn or revised in a new publication, h.
	If the party intends to use a licensing procedure to administer an export quota, the overall quantity and, where practicable, value of the quota and the opening and closing dates of the quota, and, i.
	Any exemptions or exceptions available to the public that replace the requirement to obtain an export license, how to request or use these exemptions or exceptions, and the criteria for them.
	3. Except where doing so would reveal business proprietary or other confidential information of a particular person, on the request of another party that has a substantial trade interest in the matter, a party shall provide.
	to the extent possible, the following information regarding a particular export licensing procedure that it adopts or maintains, a. The aggregate number of licenses the party has granted over a recent period that the requesting party has specified, and,
	b. measures, if any, that the party has taken in conjunction with the licensing procedure to restrict domestic production or consumption or to stabilize production, supply, or prices for the relevant good, s subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English,
	Spanish and French versions 2 to 15 for nothing in this article shall be construed in a manner that would require a party to grant an export license, or that would prevent a party from implementing its obligations forward/slash commitments under United Nations Security Council resolutions, as well as multilateral non-proliferation regimes,
	including The Wassar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies, the Nuclear Suppliers Group, the Australia Group, the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Paris, January 13, 1993,
	the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological, Biological, and Toxin Weapons and on Their Destruction, done at Washington, London, and Moscow, April 10, 1972, the Treaty on the Non-Proliferation of Nuclear Weapons, and the Missile Technology Control Regime.
	5.
	For the purposes of this article, export licensing procedure means a requirement that a party adopts or maintains under which an exporter must, as a condition for exporting a good from the party's territory,
	submit an application or other documentation to an administrative body or bodies, but does not include customs documentation required in the normal course of trade or any requirement that must be fulfilled prior to introduction of the good into commerce within the party's territory.
	Article 2.15, Administrative Fees and Formalities 1.
	Each party shall ensure, in accordance with Article 8, 1 of the GATT 1994 and its interpretive notes, that all fees and charges of whatever character, other than export taxes, customs duties, charges equivalent to an internal tax or other internal charge applied consistently with Article 3, 2 of GATT 1994, and anti-dumping and countervailing duties,
	imposed on or in connection with importation or exportation are limited in amount to the approximate cost of services rendered and do not represent an indirect protection to domestic goods or a taxation of imports or exports for fiscal purposes.
	2.
	No party may require consular transactions, including related fees and charges, in connection with the importation of any good of the other parties.
	3. Each party shall make available through the internet a current list of the fees and charges it imposes in connection with importation or exportation.
	4. No party shall levy fees and charges on or in connection with importation or exportation on an ad valorum basis.
	8.8 The merchandise processing fee, MPF, shall be the only fee or charge of the United States to which this paragraph shall apply.
	In addition, this paragraph shall not apply to any fee or charge of the United States until 3 subject to legal review in English, Spanish and French for accuracy,
	clarity and consistency subject to authentication of English, Spanish and French versions 2 to 16 5. Each party shall periodically review its fees and charges with a view to reducing their number and diversity, where practicable.
	Article 2.16, Export Duties, Taxes or Other Charges Except as Provided For in Annex 2C, Export Duties, Taxes or Other Charges, No party may adopt or maintain any duty, tax,
	or other charge on the export of any good to the territory of another party, unless such duty, tax or charge is adopted or maintained on any such good when destined for domestic consumption.
	Article 2.17, Committee on Trade in Goods 1. The parties hereby establish a Committee on Trade in Goods, Committee, comprising representatives of each party.
	2 The Committee shall meet at such times as the parties mutually decide to consider any matters arising under this chapter.
	Meetings shall take place in such locations and through such means as the parties mutually decide.
	During the first five years after entry into force of this agreement, the committee shall meet no less than once a year.
	3. The committee's functions shall include, a. Promoting trade in goods between the parties, including through consultations on accelerating tariff elimination under this agreement and other issues as appropriate,
	b. Addressing barriers to trade in goods between the parties, other than those within the competence of TPP bodies other than the Commission, especially those related to the application of non-tariff measures, and, if appropriate, referring such matters to the Commission for its consideration,
	c. Reviewing the future amendments to the harmonized system to ensure that each party's obligations under this agreement are not altered, including by establishing, as needed, guidelines for the transposition of parties' schedules to Annex 2D, tariff elimination, and consulting to resolve any conflicts between, years after the date of entry into force of the agreement.
	Further, this paragraph shall not apply to any fee or charge of Mexico on or in connection with the importation or exportation of a non-originating good until five years after the entry into force of this agreement for Mexico.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 17, I. Amendments to the harmonized system and Annex 2D, or, 2, Annex 2D and national nomenclatures,
	d. Consulting on and endeavoring to resolve any difference that may arise among the parties on matters related to the classification of goods under the harmonized system and Annex 2D, and, e, undertaking any additional work that the Commission may assign to it.
	4. The Committee shall consult, as appropriate, with other committees established under this agreement when addressing issues of relevance to those committees.
	5. The Committee shall, within two years of entry into force of this agreement, submit to the Commission an initial report on its work under sub-paragraphs 3, A, and 3, B.
	In producing this report, the Committee shall consult, as appropriate, with the Committee on Agricultural Trade established under Section C of this chapter and the Committee on Textile and Apparel Trade Matters established under Chapter 4 of the Agreement on portions of the report of relevance to those committees.
	Article 2.19.
	Publication Each party shall promptly publish the following information in a non-discriminatory and easily accessible manner, in order to enable interested parties to become acquainted with them, a. Importation, exportation and transit procedures, including port, airport, and other entry point procedures, and required forms and documents,
	b. Applied rates of duty, and taxes of any kind imposed on or in connection with importation or exportation, c. Rules for the classification, or the valuation of products for customs purposes, d. Laws, regulations and administrative rulings of general application relating to rules of origin, e. Import, export or transit restrictions or prohibitions,
	f. Fees and charges imposed on or in connection with importation, exportation or transit, g. Penalty provisions against breaches of import, export or transit formalities, subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 18,
	H. Appeal procedures, I. Agreements or parts thereof with any country or countries relating to importation, exportation or transit, j. Administrative procedures relating to the imposition of tariff quotas, and, k. Correlation tables showing correspondence between any new national nomenclature and the previous national nomenclature.
	Article 2.20, Trade in Information Technology Products Each party shall be a participant in the WTO Ministerial Declaration on Trade in Information Technology Products, Information Technology Agreement, or ITA,
	and have completed the procedures for modification and rectification of its schedule of tariff concessions, set out in the decision of March 26, 1980, L forward slash 4962, in accordance with paragraph 2 of the ITA 99 Article 2.20 shall not apply to Brunei Dar es Salaam until one year after the date of entry into force of the agreement.
	Notwithstanding Article 2.20, Chile and Mexico shall endeavor to become participants in the Information Technology Agreement.
	The eventual participation of Chile and Mexico in the ITA shall be subject to the completion of their domestic legal procedures.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 19 Section C Agriculture Article 2.21.
	Definitions for the purposes of this section, agricultural goods means those goods referred to in Article 2 of the WTO Agreement on Agriculture, export subsidies shall have the meaning assigned to that term in Article 1, E, of the WTO Agreement on Agriculture, including any amendment of that.
	Article, Modern Biotechnology means the application of, A, in vitro-nucleic acid techniques, including recombiat deoxyribonucleic acid, R DNA, and direct injection of nucleic acid into cells or organelles, or,
	b. Fusion of cells beyond the taxumic family, that overcome natural physiological reproductive or recombiat barriers and that are not techniques used in traditional breeding and selection, and products of modern biotechnology means agricultural goods, as well as fish and fish.
	Products 10.
	Developed using modern biotechnology, but does not include medicines and medical products.
	2.22, Scope This section applies to measures adopted or maintained by a party relating to trade in agricultural goods.
	Article 2.23, Agricultural Export Subsidies 1.
	The parties share the objective of the multilateral elimination of export subsidies for agricultural goods and shall work together to achieve an agreement in the WTO to eliminate those subsidies and prevent their reintroduction in any form.
	10.
	Fish and fish products are defined as products in Chapter 3 of the Harmonized System.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 22.
	No party may adopt or maintain any export subsidy on any agricultural good destined for the territory of another party 11.
	Article 2.24, Export Credits, Export Credit Guarantees or Insurance Programs Recognizing the ongoing work in the WTO in the area of export competition and that export competition remains a key priority in multilateral negotiations.
	Parties shall work together in the WTO to develop multilateral disciplines to govern the provision of export credits, export credit guarantees and insurance programs, including disciplines on matters such as transparency, self-financing, and repayment terms.
	Article 2.25, Agricultural Export State Trading Enterprises 1. The parties shall work together toward an agreement in the WTO on export state trading enterprises that requires, a. The elimination of trade distorting restrictions on the authorization to export agricultural goods,
	b the elimination of any special financing that a WTO member grants directly or indirectly to state trading enterprises that export for sale a significant share of the members' total exports of an agricultural good, and, c. greater transparency regarding the operation and maintenance of export state trading enterprises.
	Article 2.26, Export Restrictions Food Security 1.
	Parties recognize that under Article 11-2, A, of GATT 1994, a party may temporarily apply an export prohibition or restriction that is otherwise prohibited under Article 11-1 of GATT 1994 on foodstuffs 12 to prevent or relieve a critical shortage of foodstuffs, subject to meeting the conditions set out in Article 12.1 of the Agreement on Agriculture.
	2.
	Further to the conditions under which a party may apply an export prohibition or restriction, other than a duty, tax, or other charge on foodstuffs, 11 For greater certainty and without prejudice to any party's position in the WTO, this article does not cover measures referred to in Article 10 of the WTO Agreement on Agriculture.
	12 For the purpose of this article, foodstuffs include fish and fisheries products, intended for human consumption.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 21, a.
	Any party that, I, imposes such a prohibition or restriction, on the exportation or sale for export of foodstuffs to another party to prevent or relieve a critical shortage of foodstuffs, shall in all cases notify the measure to the other parties prior to its effective date, and, except where the critical shortage is caused by an event constituting force margar,
	shall notify the measure to the other parties at least 30 days prior to its effective date, or, 2, as of the date of entry into force of this agreement for that party maintains such a prohibition or restriction, shall, within 30 days of that date, notify the measure to the other parties.
	b.
	A notification under this paragraph shall include the reasons for imposing or maintaining the prohibition or restriction, as well as an explanation of how the measure is consistent with Article 11 2, A, of GATT 1994, and shall note alternative measures, if any, that the party considered before imposing the prohibition or restriction.
	c.
	A measure shall not be subject to notification under this paragraph or paragraph 4 if it prohibits or restricts the exportation or sale for export only of a foodstuff or foodstuffs of which the party imposing the measure has been a net importer during each of the three calendar years preceding imposition of the measure, excluding the year in which the party imposes the measure.
	d.
	If a party that adopts or maintains a measure referred to in subparagraph, a, has been a net importer of each foodstuff subject to that measure during each of the three calendar years preceding imposition of the measure, excluding the year in which the party imposes the measure, and that party does not provide the other parties with a notification under subparagraph, a, the party shall, within a reasonable period of time,
	provide to all other parties trade data demonstrating that it was a net importer of the foodstuff or foodstuffs during these three calendar years.
	3.
	Any party required to notify a measure pursuant to paragraph 2, a, shall, a, consult, upon request, with any other party having a substantial interest as an importer of the foodstuffs subject to the measure, with respect to any matter related to the measure, b.
	Upon the request of any party having a substantial interest as an importer of the foodstuffs subject to the measure, provide that party with relevant economic indicators bearing on whether a critical shortage within the meaning of Article 11-2,
	A, of GATT 1994 exists or is likely to occur in the absence of the measure, and on how the measure will prevent or relieve the critical shortage, and subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 22, c.
	Respond in writing to any question posed by any other party regarding the measure within 14 days from receipt of the question.
	4.
	Any party which considers that another party should have notified a measure under paragraph 2, a, may bring the matter to the attention of such other party.
	If the matter is not satisfactorily resolved promptly thereafter, the party which considers that the measure should have been notified may itself bring the measure to the attention of the other parties.
	5.
	A party should ordinarily terminate a measure subject to notification under paragraphs 2, a, or 4 within 6 months of the date it is imposed.
	A party contemplating continuation of a measure beyond six months from the date it is imposed shall so notify the other parties no later than five months following the date the measure is imposed and provide the information specified in sub-paragraph 2, b.
	Unless it has consulted with all other parties who are net importers of any foodstuff the exportation of which is prohibited or restricted under the measure, the party shall not continue the measure beyond 12 months from the date it is imposed.
	The party shall immediately discontinue the measure at such time that the critical shortage, or threat thereof, no longer exists.
	6.
	No party shall apply any measure subject to notification under paragraphs 2, a, or 4 to food purchased for non-commercial humanitarian purposes.
	Article 2.27, Committee on Agricultural Trade 1. The parties hereby establish a committee on agricultural trade with representatives of each party.
	2.
	The Committee on Agricultural Trade shall provide a forum for, a, promoting trade in agricultural goods between the parties under this agreement and other issues as appropriate, b. Monitoring and promoting cooperation on the implementation and administration of this section, including notification of export restrictions on agricultural products as stipulated in Article 2.26,
	Export Restrictions Food Security, and discussing the cooperative work identified in Article 2.23, Agricultural Export Subsidies, Article 2.24, Export Credits, Export Credit Guarantees or Insurance Programs, and Article 2.25, Agricultural Export State Trading Enterprises,
	C. Consultation among the parties on matters related to this section in coordination with other committees, subcommittees, working groups, or other bodies established under this agreement, D. Undertaking any additional work that the Committee on Trade in Goods and the Commission may assign.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 23.
	The Committee on Agricultural Trade shall meet at such times as the parties mutually decide.
	Meetings shall take place in such locations and through such means as the parties mutually decide.
	During the first five years after entry into force of this agreement, the committee shall meet no less than once a year.
	Article 2.28, Agricultural safeguards originating agricultural goods from any party shall not be subject to any duties applied pursuant to any special safeguard taken under the WTO Agreement on Agriculture.
	Article 2.29, Trade of Products of Modern Biotechnology 1. The parties confirm the importance of transparency, cooperation and exchanging information related to the trade of products of modern biotechnology.
	2. Nothing in this article shall prevent a party from adopting measures in accordance with its rights and obligations under the WTO agreements or other provisions of this agreement.
	3. Nothing in this article shall require a party to adopt or modify its laws, regulations, and policies for the control of products of modern biotechnology within its territory.
	4. When available and subject to its laws, regulations and policies, each party shall make available publicly, a. any documentation requirements for completing an application for the authorization of a product of modern biotechnology, b. A summary of any risk or safety assessment that has led to the authorization of a product of modern biotechnology, and,
	c. A list or lists of the products of modern biotechnology that have been authorized in its territory.
	5. Each party shall identify contact point, S, for the sharing of information on issues related to low-level presence, LLP, 13 occurrences.
	13 For purposes of this article, LLP occurrence means the inadvertent low-level presence in a shipment of plants or plant products, except for a plant or plant product that is a medicine or medical product, of RDNA plant material that is authorized for use in at least one country, but not in the importing country,
	and if authorized for food use, a food subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English,
	Spanish and French versions 2 to 24 6. In order to address an LLP occurrence, and with a view to preventing a future LLP occurrence, at the request of an importing party, an exporting party shall, where available and subject to its laws, regulations and policies,
	a. Provide a summary of the risk or safety assessment or assessments, if any, that the exporting party conducted in connection with an authorization of a specific plant product of modern biotechnology,
	b. Provide, if known to the exporting party, contact information for any entity within its territory that received authorization for the plant product of modern biotechnology and whom the party believes is likely to possess, i. Any existing, validated methods for the detection of the plant product of modern biotechnology found at a low level in a shipment,
	2. Any reference sample necessary for the detection of the LLP occurrence, and, 3, relevant information that can be used by the importing party to conduct a risk or safety assessment or, if a food safety assessment is appropriate,
	relevant information for a food safety assessment in accordance with Annex III of the Codex guideline for the conduct of food safety assessment of foods derived from recombiat DNA plants, CAC forward slash GL45, 2003, and, c. Encourage the entity to share information referred to in 2, b, with the importing party.
	7. In the event of an LLP occurrence, the importing party shall, subject to its laws, regulations and policies, a. Inform the importer or the importer's agent of the LLP occurrence and of any additional information which the importer will be required to submit to allow the importing party to make a decision on the disposition of the shipment in which the LLP occurrence has been found.
	b when available, provide to the exporting party a summary of any risk or safety assessment that the importing party has conducted in connection with the LLP occurrence.
	Safety assessment has been based on the Codex guideline for the conduct of a food safety assessment of food derived from RDNA plants.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 25, c. Ensure that the measures 14 applied to address the LLP occurrence are appropriate to achieve compliance with its domestic laws, regulations and policies.
	8. To reduce the likelihood of trade disruptions from LLP occurrences, A. Each exporting party shall, consistent with its domestic laws, regulations, and policies.
	ED of a to encourage technology developers to submit applications to parties for authorization of plants and plant products of modern biotechnology, and.
	B.
	A party authorizing plant and plant products derived from modern biotechnology shall, ED of a to I. Allow year-round submission and review of applications for authorization of plants and plant products of modern biotechnology, and.
	2.
	Increase communications among and between the parties regarding new authorizations of plants and plant products of modern biotechnology, so as to improve global information exchange.
	9. The parties hereby establish a working group on products of modern biotechnology under the Committee on Agricultural Trade, Working Group, for information exchange and cooperation on trade-related matters associated with products of modern biotechnology.
	The working group shall be comprised of representatives of all parties that, in writing, inform the Committee on Agricultural Trade that they will participate in the working group and name one or more representatives to the working group.
	10. The working group shall provide a forum to, a. Exchange, subject to a party's laws, regulations and policies, information on issues, including on existing and proposed domestic laws,
	regulations and policies related to the trade of products of modern biotechnology, and b further enhance cooperation among two or more parties, where there is mutual interest related to the trade of products of modern biotechnology.
	11. The working group may meet in person, or by any other means as mutually determined by the parties who have named representatives to the working group.
	14 For purposes of this paragraph, measures does not include penalties.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 2 to 26.
	Section D Colon, Tariff Rate Quota Administration.
	Article 2.30, Scope and General Provisions.
	1.
	Each party shall implement and administer tariff rate quotas, TRQs 15, in accordance with Article 13 of GATT 1994, including its interpretive notes, the Import Licensing Agreement and Article 2.13, Import Licensing.
	All TRQs established by a party under this agreement shall be incorporated into that party's schedule to annex 2D, tariff elimination.
	2.
	Each party shall ensure that its procedures for administering its TRQs are made available to the public, are fair and equitable, are no more administratively burdensome than absolutely necessary, are responsive to market conditions and are administered in a timely manner.
	3.
	The party administering a TRQ shall publish all information concerning its TRQ administration, including the size of quotas and eligibility requirements, and, if the TRQ will be allocated,
	application procedures, the application deadline, and the methodology or procedures that will be used for the allocation or re-allocation, on its designated publicly available website at least 90 days prior to the opening date of the TRQ concerned.
	Article 2.31, Administration and Eligibility 1.
	Each party shall administer its TRQs in a manner that allows importers the opportunity to utilize fully TRQ quantities.
	2.
	A. Except as provided in sub-paragraphs, B, and, C, no party shall introduce a new or additional condition, limit or eligibility requirement on the utilization of A TRQ for importation of a good,
	including in relation to specification or grade, permissible end use of the imported product or package size beyond those set out in its schedule to annex 2D, tariff elimination.
	16.
	b.
	A party seeking to introduce a new or additional condition, limit or eligibility requirement on the utilization of ATRQ for importation of a good shall notify the other parties at least 45 days prior to the proposed effective date of the new or additional condition, limit or eligibility requirement.
	Any party with a 15 for the purposes of this section, tariff rate quotas, TRQs, means only TRQs that are established under this agreement as set out in a party's schedule to annex 2D, tariff elimination.
	For greater certainty, this section shall not apply to TRQs set out in a party's schedule to the WTO agreement.
	16 For greater certainty, this paragraph does not apply to conditions, limits or eligibility requirements that apply regardless of whether or not the importer utilizes the TRQ when importing the good.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 27 Demonstrable commercial interest in supplying the good may submit a request in writing to the party seeking to introduce the new or additional condition, limit or eligibility requirement requesting consultations.
	Upon receipt of such a request for consultations, the party seeking to introduce the new or additional condition, limit or eligibility requirement shall promptly undertake consultations with the party submitting the request, in accordance with paragraph 6 of Article 2.34, transparency.
	c.
	The party seeking to introduce the new or additional condition, limit or eligibility requirement may do so if, I. Has consulted with any party with demonstrable commercial interest in supplying the good that has submitted in writing a request for consultations pursuant to subparagraph B and 2.
	No party with a demonstrable commercial interest in supplying the good that submitted in writing a request for consultations pursuant to subparagraph B objected, after the consultation, to The introduction of the new or additional condition, limit or eligibility requirement.
	D.
	A new or additional condition, limit or eligibility requirement that is the outcome of any consultation held pursuant to subparagraph C, shall be circulated to parties prior to implementation.
	Article 2.32, Allocation 17.1.
	In the event that access under a TRQ is subject to an allocation mechanism, each importing party shall ensure that, a. Any person of a party that fulfills the importing party's eligibility requirements shall be able to apply and to be considered for a quota allocation under the TRQs,
	b. Unless otherwise agreed, it does not allocate any portion of the quota to a producer group, condition access to an allocation on the purchase of domestic production, or limit access to an allocation to processes.
	C. Each allocation shall be made in commercially viable shipping quantities earned, to the maximum extent possible, in the amounts that importers request.
	17 For the purposes of this section, allocation mechanism includes any system where access to the TRQ is granted on a basis other than first come first served.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 28.
	d. An allocation for in quota imports shall be applicable to any tariff lines subject to the TRQ and be valid throughout the TRQ year.
	e.
	Where the aggregate TRQ quantity requested by applicants exceeds the quota size, allocation to eligible applicants shall be conducted by equitable and transparent methods.
	f.
	Applicants shall have at least four weeks after the opening of the application period to submit their applications.
	g.
	Quota allocation takes place no later than four weeks before the opening of the quota period, except where allocation is based in whole or in part on import performance during the 12-month period immediately preceding the quota period.
	Where the party bases an allocation in whole or in Part on import performance during the 12-month period immediately preceding the quota period, the party shall make a provisional allocation of the full quota amount no later than four weeks before the opening of the quota period.
	All final allocation decisions, including any revisions, shall be made and communicated to applicants by the beginning of the quota period.
	2.
	During the first quota year the agreement is in force for a party, if less than 12 months remain in the quota year at the time of entry into force of the agreement for that party, the party shall make available to quota applicants, beginning on the date of entry into force of the agreement for the party, the quota quantity established in its schedule to annex 2D, tariff elimination,
	multiplied by a fraction the numerator of which shall be a whole number consisting of the number of months remaining in the quota year at the time of entry into force of the agreement for the party, including the entirety of the month in which the agreement enters into force for the party, and the denominator of which shall be 12.
	a.
	The party shall make the entire quota quantity established in its schedule to annex 2D, tariff elimination, available to quota applicants beginning on the first day of each quota year thereafter that the quota is in operation.
	3.
	The party administering a TRQ shall not require the re-export of a good as a condition for application for, or utilization of, a quota allocation.
	4. Any quantity of goods imported under a TRQ under this agreement shall not be counted towards, or reduced the quantity of, any other TRQs provided for such goods in a party's WTO tariff schedules or under any other trade agreements 18
	18. For greater certainty, nothing in this paragraph shall prevent a party from applying a different in quota rate of customs duty to goods from TPP parties, as set out in the party's schedule to annex 2D.
	tariff elimination, than that applied to the same goods of non-parties, under a tariff rate quota established under the subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 29 article.
	2.33 Return and reallocation of quotas 1. Where a TRQ is administered by an allocation mechanism, each party shall ensure there is a mechanism for the return and reallocation of unused allocations in a timely and transparent manner, providing the greatest possible opportunity for the TRQ to be filled.
	2. Each party shall publish on a regular basis on its designated publicly available website all information concerning amounts allocated, amounts returned and, when available, quota utilization rates.
	In addition, each party shall publish on the same website amounts available for re-allocation, and the application deadline, at least two weeks prior to the date the party will begin accepting applications for re-allocations.
	Article 2.34, Transparency 1. Each party shall identify the entity or entities responsible for administering its TRQs, designate at least one contact point to facilitate communications between the parties on matters relating to the administration of its TRQs, and provide details of its contact point, S, to the other parties.
	Each party shall promptly notify the other parties of any amendments to the details of their contact point, S. 2 Where a TRQ is administered by an allocation mechanism, the name and address of allocation holders shall be published on the designated publicly available website.
	3 Where a TRQ is administered on a first-come, first-served basis, over the course of each year, the importing party's administering authority shall publish, in a timely and continually ongoing fashion on its designated publicly available website, utilizatio rates and remaining available quantities for each TRQ.
	4.
	Where a TRQ is administered on a first-come, first-served basis, and when a TRQ of an importing party fills, that party shall publish a notice to this effect on its designated publicly available website within 10 days.
	5 Where a TRQ is administered by an allocation mechanism, and when a TRQ of an importing party fills, that party shall publish a notice to this effect on its designated publicly available website as early as practicable.
	WTO Agreement Further, nothing in this paragraph requires a party to change the in-quota quantity of any tariff rate quota established under the WTO Agreement.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 36.
	At the written request of an exporting party or parties, the party administrating a TRQ shall consult with the exporting party regarding the administration of its TRQ.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 31 Annex 2 Ecolon National Treatment and Import and Export Restrictions 1.
	For greater certainty, nothing in this Annex shall affect the rights or obligations of any party under the WTO Agreement with respect to any measure listed in the Annex.
	2 Article 2.3, National Treatment, and Article 2.11, Import and Export Restrictions, shall not apply to the continuation, renewal, or amendment made to any law, statute,
	decree or administrative regulations giving rise to a measure set out in this annex to the extent that the continuation, renewal, or amendment does not decrease the conformity of the measure listed with Article 2.3, National Treatment, and Article 2.11, Import and Export Restrictions.
	Measures of Brunei Dar es Salaam Article 2.11, Import and Export Restrictions, shall not apply to the goods specified in Section 31 of Customs Order 2006.
	Measures of Canada 1. Articles 2.3, National Treatment, and 2.11, Import and Export Restrictions, shall not apply to, A. The export of logs of all species, b. The export of unprocessed fish pursuant to applicable provincial legislation,
	c. The importation of goods of the prohibited provisions of tariff items 98 9700.00, 98 9800.00 and 98 9900.00 referred to in the schedule of the customs tariff,
	d. Canadian excise duties on absolute alcohol, as listed under tariff item 2207 10.90 in Canada's Schedule of Concessions Annexed to the Mariche Protocol, Schedule V, used in manufacturing under the existing provisions of the Excise Act, 2001, 2002, C22, as amended,
	e. The use of ships in the coasting trade of Canada, F. The internal sale and distribution of wine and distilled spirits, subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English,
	Spanish and French versions 2 to 32 to Article 2.3, National Treatment, shall not apply to a measure affecting the production, publication, exhibition, or sale of goods 19 that supports the creation, development or accessibility of Canadian artistic expression or content.
	Measures of Chile Article 2.11, Import and Export Restrictions, shall not apply to measures of Chile relating to imports of used vehicles.
	Measures of Mexico 1. Article 2.11, Import and Export Restrictions, shall not apply, A. To restrictions pursuant to Article 48 of the Hydrocarbons Law, Le Di Hydrocarburos, published in Mexico's Diario Official on August 11, 2014,
	on the exportation from Mexico of the goods provided for in the following items of Mexico's Tariff Schedule of the General Import and Export Duties Law, Tarifa de la Le de los Impustos Generales de Importaco y di Exportaco,
	Published in Mexico's Diario Official on June 18, 2007 and June 29, 2012, HS Code Description, 270900.01 Crude Petroleum Oils.
	270900.99 other.
	2710 12.04 gasoline, excluding those of code, 2710 12.03.
	2710 19.04 gas oil, diesel or diesel oil and mixtures thereof.
	2710 19.05 fuel oil.
	2710 19.07 paraffin oil.
	2710 19.08 turbosy kerosene, Lamp oil, and blends thereof.
	2710 19.99 other 2711 11.01 natural gas.
	2711 12.01 propane.
	2711 13.01 butanes.
	2711 19.01 butane and propane mixed and liquefied.
	2711 19.99 other 2711 21.01 natural gas 2711 29.99 other 19.
	Such goods may include, but are not limited to, books, magazines and media carrying video or music recordings.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	2 to 33 27 12 20.01.
	Paraffin wax containing less than 0.75 percent of oil by weight.
	27 12 90.02 microcrystally waxes.
	27 12 90.04 waxes.
	Excluding those of codes 27 12 90.01 and 27 12 90.02 2712 90.99 other b.
	During the period prior to january 1 2019.
	To prohibitions or restrictions on the importation into Mexico of gasoline and diesel fuel.
	Set fourth in article 123 of the lady hydrocarburos hydrocarbons law, published in Mexico's Diario Official on august 11 2014 and c.
	To prohibitions or restrictions on the importation into Mexico of used tires, used apparel, used vehicles and used chassis equipped with vehicle motors, set forth in paragraphs 1, I and 5 of annex 2.21 of the resolution through which the Ministry OF Economy establishes rules and general criteria on international trade.
	Acuadupa LQ.
	LA Secretaria DI Ecumia imite reglas y criterios de character general e en materia de comercio exterior published in Mexico's Diario.
	Are you official on December 31, 2012?
	2.
	The Commission shall review paragraph 1, A, pursuant to any review conducted under Article 27.21, B. Measures of Peru 1. Articles 2.3, National Treatment, and 2.11, Import and Export Restrictions, shall not apply to,
	A. Used clothing and footwear pursuant to Law No. 28514 of May 23, 2005, B. Used Vehicles and Used Automotive Engines, Parts and Replacements Pursuant to Legislative Decree No. 843 of August 30, 1996,
	Urgent Decree No. 079, 2000 of September 20, 2000, Urgent Decree No. 050-2008 of December 18, 2008, C. Used Tires Pursuant to Supreme Decree No. 032IETHE7 SA of June 7, 1997, and,
	D. Used goods, machinery and equipment which utilize radioactive energy sources pursuant to law number 2775 7 of June 19, 2002.
	Measures of the United States 1. Articles 2.3, National Treatment, and 2.11, Import and Export Restrictions, shall not apply to, subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 34,
	A. Controls on the export of logs of all species, b measures under existing provisions of the Merchant Marine Act of 1920, 46 AP. U.S.C. 883, the Passenger Vessel Act,
	46 AP U.S.C 289, 292, and 316, and 46 U.S.C. 1210-8, to the extent that such measures were mandatory legislation at the time of the accession of the United States to the General Agreement on Tariffs and Trade 1947, GATT 1947,
	and have not been amended so as to decrease their conformity with Part 2 of the GATT 1947.
	Measures of Vietnam Article 2.11, Import and Export Restrictions, shall not apply to, a, a prohibition on importation, set out in Decree No. 187 forward slash NDCP dated November 20,
	2013 of the Government of Vietnam or Circular No. April, 2014 forward slash TTBCT dated January 27, 2014 of the Ministry of Industry and Trade guiding the implementation of the Decree No. 187 forward slash NDCP, with respect to a good listed in, I, through, 4, of this subparagraph.
	The goods listed in I, through, 4, of this subparagraph are, I, right-hand drive motor vehicles, including right-hand drive motor vehicles modified after manufacture to be left-hand drive vehicles,
	except specialized right-hand drive vehicles that generally operate in small areas such as cranes, trench and canal digging machines, garbage trucks, road sweepers, road construction trucks, airport passenger transportation buses, forklifts used at warehouses and ports,
	two, vehicle components usable exclusively in right-hand drive motor vehicles that are not specialized right-hand drive vehicles, three motor vehicles more than five years old, for used 20, a textiles, clothing and footwear, b computer printers, fax machines, and computer disk drives,
	c laptop computers, 20 for greater certainty.
	This subparagraph does not apply with respect to remanufactured goods, in accordance with Article 2.12, remanufactured goods.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 35, D. Refrigeration equipment, E. Household Electrical Appliances, F. Medical Equipment, G. Furniture,
	H. Household Goods Made from Porcelain, Clay, Glass, Metal, Resin, Rubber, and Plastic, I. Frames, Tires, Outer and Inner, Tubes, Accessories, and Engines of Automobiles, Tractors, and Other Motor Vehicles,
	J. Internal Combustion engines with a capacity below 30 CV and machines with an internal combustion engine with a capacity below 30 CV, and K. Bicycles and tricycles, and B. A prohibition on exportation, set out in Decree No. 187 forward slash NDCP dated November 20,
	2013 of the Government of Vietnam or Circular No. April, 2014 forward slash TTBCT dated January 27, 2014 of the Ministry of Industry and Trade guiding the implementation of the Decree No. 187 forward slash NDCP, with respect to a good listed in I, through, 2, of this subparagraph.
	The goods listed in I, through, 2, of this subparagraph are, I, round and sawn timber produced from domestic natural forests, and, 2, wooden products, except handicrafts and products produced from wood of cultivated forests, imported wood or artificial pallet.
	Kimberley Process Certification Scheme Article 2.11, Import and Export Restrictions, shall not apply to the import and export of rough diamonds, HS Codes 710210, 710221 and 710231, pursuant to the Kimberley Process Certification Scheme and any subsequent amendments to that scheme.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 36 Annex 2B Colon Remanufactured Goods 1.
	Article 2.122, Remanufactured Goods, shall not apply to measures of Vietnam prohibiting or restricting the importation of remanufactured goods until three years after the date of entry into force of the agreement for Vietnam.
	Beginning three years after the date of entry into force of the agreement for Vietnam, Article 2.122 shall apply to all measures of Vietnam, except as provided in paragraph 2 of this annex.
	2 Article 2.122, remanufactured goods, shall not apply to a prohibition or restriction by Vietnam, set out in Decree No. 187 forward slash NDCP dated November 20, 2013 of the Government of Vietnam or Circular No. April, 2014 forward slash TTBCT dated January 27,
	2014 of the Ministry of Industry and Trade, on the importation of a good listed in Table 2B-1.
	3 For greater certainty, Vietnam shall not, a, apply any prohibition or restriction on the importation of a remanufactured good that is more stringent than the prohibition or restriction it applies to the importation of the same good, when used, or, b, re-impose any prohibition or restriction on the importation of a remanufactured good following the removal of the prohibition or restriction.
	Table B, Bibi-1, 8414 51.91 with protective screen 8414 51.99.
	Other 8415 10.10 of an output not exceeding 26.38 kilowatt.
	8415 10.90.
	Other 84 19 11.10.
	Household type 84 19 19.10.
	Household type 84 21 12.00.
	Clothes dryers, 84 21 21.11.
	Filtering machinery and apparatus for domestic use 84 21 91.10.
	Of goods of subheading 84 21 12.00 84 22 11.00 of the household type 84 22 90.10.
	Of machines of subheading 84 22 11 8452, 10.00.
	Sewing machines of the household type 8508 8508 19.10 of a kind suitable for domestic use, 8508 70.10.
	Of vacuum cleaners of subheading 8508 11.00 or 8508 19.10 8711.
	Motorcycles, including mopeds and cycles fitted with an auxiliary motor, with or without side cars.
	Side cars, subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions.
	2 to 37 87 12.
	Bicycles and other cycles, including delivery tricycles not motorized, except for racing bicycles, in 87 1200 point 10, subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions 2 to 38.
	Annex 2 C, colon.
	Export duties, taxes or other charges 1.
	Article 2.16.
	Export duties, taxes or other charges shall apply to goods provided for in the items listed in a parties section to this annex only as specified below 2.
	With respect to a good provided for in an item listed in section 1 to this annex, Malares shall not apply any export duties, taxes or other charges in an amount greater than that specified for that item in section 1 to this annex 3.
	With respect to a good provided for in an item listed in section 2 to this annex, Vietnam shall eliminate any export duties, taxes or other charges in accordance with the following categories, as indicated for each item listed in section 2 to this annex, a.
	Export duties, taxes or other charges on goods provided for in the items in category a may remain in place for five years but shall not exceed the base rate.
	Vietnam shall not apply any export duty, tax or other charge on such goods from January the first of year.
	6 B, export duties, taxes or other charges on goods provided for in the items in category B may remain in place for seven years but shall not exceed the base rate.
	Vietnam shall not apply any export duty, tax or other charge on such goods from January the first of year.
	8 C, export duties, taxes or other charges on goods provided for in the items in category C shall be eliminated in 11 equal annual stages.
	Vietnam shall not apply any export duty, tax or other charge on such goods from From January, the 1st of year 11, D. Export duties, taxes or other charges on goods provided for in the items in category D may remain in place for 10 years but shall not exceed the base rate.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the first of year 11, E. Export duties, taxes or other charges on goods provided for in the items in category E shall be eliminated in 13 equal annual stages.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the first of year 13, F, export duties, taxes or other charges on goods provided for in the items in category F may remain in place for 12 years but shall not exceed the base rate.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the first of year 13, 2 to 38 Annex 2 C colon export duties, taxes or other charges 1.
	Article 2.16, Export duties, taxes or other charges, shall apply to goods provided for in the items listed in a parties section to this annex only as specified below.
	2 With respect to a good provided for in an item listed in section 1 to this annex, Malaysia shall not apply any export duties, taxes or other charges in an amount greater than that specified for that item in section 1 to this annex.
	3 With respect to a good provided for in an item listed in section 2 to this annex, Vietnam shall eliminate any export duties, taxes or other charges in accordance with the following categories, as indicated for each item listed in section 2 to this annex,
	A. Export duties, taxes or other charges on goods provided for in the items in category A may remain in place for 5 years but shall not exceed the base rate.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the first of year 6, B. Export duties, taxes or other charges on goods provided for in the items in category B may remain in place for 7 years but shall not exceed the base rate.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the 1st of year 8, C. Export duties, taxes or other charges on goods provided for in the items in category C shall be eliminated in 11 equal annual stages.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the 1st of year 11, D. Export duties, taxes or other charges on goods provided for in the items in category D may remain in place for 10 years but shall not exceed the base rate.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the 1st of year 11, E. Export duties, taxes or other charges on goods provided for in the items in category E shall be eliminated in 13 equal annual stages.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the 1st of year 13, F. Export duties, taxes or other charges on goods provided for in the items in category F may remain in place for 12 years but shall not exceed the base rate.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the 1st of year 13, subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 39, G.
	Export duties, taxes or other charges on goods provided for in the items in category G shall be eliminated in 16 equal annual stages.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the 1st of year 16, H. Export duties, taxes or other charges on goods provided for in the items in category H may remain in place for 15 years but shall not exceed the base rate.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the 1st of year 16, I. Export duties, taxes or other charges on goods provided for in the items in category I shall be reduced to 20% in 6 equal, annual stages from year 1 to year 6.
	From January 1st of year 7 until December 31st of year 15, export duties, taxes or other charges on such goods shall not exceed 20%.
	Vietnam shall not apply any export duty, tax, or other charge on such goods after January 1st of year 16, J. Export duties, taxes or other charges on goods provided for in the items in category J shall be reduced to 10% in 11 equal, annual stages from year 1 to year 11.
	From January 1st of year 12 until December 31st of year 15, export duties, taxes or other charges on such goods shall not exceed 10%.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January 1st of year 16.
	K. Export duties, taxes or other charges on goods provided for in the items in category K may remain in place but shall not exceed the base rate.
	4.
	For the purposes of Section 2 to this annex, year 1 means the year of entry into force of this agreement for Vietnam.
	Export duties, taxes or other charges on goods provided for in the items in categories C, E, G, I, and J shall be initially reduced on the date of entry into force of the agreement for Vietnam.
	Beginning in year 2, each annual stage of reduction of export duties, taxes and other charges shall take effect on January 1st of the relevant year.
	5.
	The base rate of export taxes, duties and other charges is indicated for each item in this annex.
	6 parties that have listed goods in this annex shall autonomously endeavor to minimize the application and level of their export duties, taxes and other charges.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	2 to 40, Section 1, Malatia.
	HS Description, Export Duty 21, S22060290.
	Budded Stumps of the Genus Hevia RM0.30 Each October, 1207 Palm Nuts and Kernels, suitable for sowing, 5% September, 1207 9.
	Illipi seeds, Illipi nuts, RM 0.08267 per kilogram September, 12099 Other oil seeds and oleaginous fruits, whether or not broken.
	Other RM 22.05 per kilogram.
	February 14010.
	Rattan's whole, RM 2.70 per kilogram.
	October 1511.
	Crude palm oil, 0% to 8.5.
	February 1513, 1.
	Palm Kernel, 10.
	February 1513, 9.
	Palm kernel oil refined, bleached and deodorized.
	RBD, 5.
	February 1516, 0.
	Vegetable fats and oils and their fractions of palm oil crude 10% 26 2021.
	Slag, ash and residues other than from the manufacture of iron or steel containing metals, arsenic or their compounds containing mainly lead, leaded gasoline sludges and leaded atinok compound sludges, 5% 26 2029.
	Containing mainly lead.
	Other 5% 26 2030.
	Containing mainly copper, 5% 26 2040.
	Containing mainly aluminium, 5% 26 2060.
	Containing arsenic mercury, thallium or their mixtures of a kind used for the extraction of arsenic or those metals or for the manufacture of their chemical compounds, 5% 26 2091.
	Other containing antimony beryllium cadmium, chromium or their mixtures, 5% 26 2099 other.
	Other 5% 26 21 10.
	Other slag and ash, including seaweed ash, kelp.
	Ash and residues from the incineration of municipal waste.
	Ash and residues from the incineration of municipal waste, 5.
	26 21, 90.
	Other 5% 270900.
	Petroleum oils and oils obtained form bituminous minerals crude.
	10% 400700.
	Vulcanized rubber, thread and cord, 0.20% 400811.
	Plates sheets strip, Rip, rods and profile shapes, of vulcanized rubber other than hard rubber.
	Of cellular rubber, plates, sheets and strip 0.20% 400819 of cellular rubber, other 0.20% 400821 of non-cellular rubber, plates, sheets and strip, 0.20% 21.
	Customs duties order 2012 Customs Act 1967-22 Malaysian Rubber Board, Incorporation, Act 1996, Malaysian Rubber Board, CES, Order 1999 and Malaysian Timber Industry Board, Incorporation, Act 1973 Timber CES Order 2000, PU, A, 56 200,
	subject to legal review in English, Spanish and French for accuracy, clarity, and consistency subject to authentication of English,
	Spanish and French versions 2 to 41 HS Description Export Duty 21 CES 224008 29 of non-cellular rubber, other 0.20% 400911 tubes, pipes and hoses, of vulcanized rubber other than hard rubber, with or without their fittings, for example, joints, elbows, flanges.
	Not reinforced or otherwise combined with other materials, without fittings, 0.20% 400912, not reinforced or otherwise combined with other materials, with fittings, 0.20% 400921, reinforced or otherwise, combined only with metal, without fittings, 0.20% 400922, reinforced or otherwise,
	combined only with metal, with fittings, 0.20% 400931, reinforced or otherwise, combined only with textile materials, without fittings, 0.20% 400932, reinforced or otherwise combined.
	with textile materials with fittings 0.20% 409 41 reinforced or otherwise combined with other materials without fittings 0.20% 409 42 reinforced or otherwise combined with other materials with fittings 0.20% 4010 11 conveyor or transmission belts or belting of vulcanized rubber
	Conveyor belts or belting, reinforced only with metal, 0.20% 401012.
	Conveyor belts or belting, reinforced only with textile materials, 0.20% 401019.
	Conveyor belts or belting, other 0.20% 401031.
	Transmission belts or belting, endless transmission belts of trapezoidal cross-section, V-belts, V-ribbed, of an outside circumference exceeding 60 centimeters but not exceeding 180 centimeters, to 0.20% 401032.
	Transmission Belts or Belting, endless transmission belts of trapezoidal cross section, V-belts, other than V-ribbed, Of an outside circumference exceeding 60 centimeters but not exceeding 180 centimeters, to 0.20% 401033.
	Transmission belts or belting, endless transmission belts of trapezoidal cross-section, V-belts, fribbed, of an outside circumference exceeding 180 cm but not exceeding 240 cm to 0.20% 401034.
	Transmission belts or belting, endless transmission belts of trapezoidal cross-section, V-belts, other than V-ribbed, Of an outside circumference exceeding 180 cm but not exceeding 240 centimeters, to 0.20.
	401035.
	Transmission belts or belting, endless synchronous belts, of an outside circumference exceeding 60 cm but not exceeding 150 centimeters, to 0.20.
	401036.
	Transmission belts or belting, endless synchronous belts, of an outside circumference exceeding 150 cm but not exceeding 198 centimeters, to 0.20.
	401039 transmission belts or belting, other 0.20.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 42 HS Description Export Duty 21 SES22401290 retreaded or used pneumatic tires of rubber, solid or cushion tires, tire treads and tire flaps, or rubber.
	Other, 0.20% 401410.
	Hygienic or pharmaceutical articles, including teats, of vulkized rubber other than hard rubber, with or without fittings of hard rubber.
	Sheath contraceptives, 0.20% 401490.
	Other, 0.20% 401511.
	Articles of apparel and clothing accessories, including gloves, mittens and mitts, for all purposes, of vulcanized rubber other than hard rubber.
	Gloves, mittens and mitts, surgical 0.20% 4015 19 Gloves, mittens and mitts, other, 0.20% 401590 other.
	0.20% 401610 other articles of vulkized rubber other than hard rubber of cellular rubber, 0.20% 401691 other, floor coverings and mats.
	0.20% 401692 other, eraser.
	0.20% 401693 other gaskets, washers and other seals.
	0.20% 401694 other boat or dock fenders, whether or not inflatable.
	0.20% 401695 other, other inflatable articles.
	0.20% 401699 other, other, 0.20% 401700 hard rubber, for example, ebonite, in all forms, including waste and scrap, articles of hard rubber.
	Hard rubber, for example, ebonite, in all forms, including waste and scrap.
	0.20% 440121 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms, wood in chips or particles, sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms.
	Wood in chips or particles, coniferous RM2.00 per cubic meter 440122.
	Wood in chips or particles, non-coniferous RM2.00 per cubic meter 440310.
	Wood in the rough, whether or not stripped of bark or sap wood, or roughly square, treated with paint, stains, creosote or other preservatives, 15% RM5.00 per cubic meter 440320.
	Other, coniferous, 15% RM5.00 per cubic meter.
	4403 41.
	Other, of tropical wood specified in subheading note 2 to this chapter, dark red Maruti, light red Maruti and Maruti Barkao, 15% RM5.00 per cubic meter.
	4403 49.
	Other, of tropical wood specified in subheading note 2 to this chapter, other, 15% RM5.00 per cubic meter 440391.
	Other of oak, quercus, SPP.
	15% RM5.00 per cubic meter 440392 40392.
	Other of beech, Phagus, SPP, 15% RM5.00 per cubic meter.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	2 to 43 HS Description, Export Duty, 21 SES.
	2 to 440399 Other Other 15% RM5.00 per cubic meter.
	440610.
	Railway or tramway sleepers, crossed ties, of wood not impregnated.
	RM5.00 per cubic meter.
	4406 90 other RM5.00 per cubic metre.
	4407 10 wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end jointed, of a thickness exceeding 6 mm.
	Coniferous, RM5.00 per cubic metre.
	4407 21 of tropical wood specified in subheading note 2 to this chapter, mahogany, swire tire SPP RM 5.00 per cubic metre.
	4407 22 of tropical wood specified in subheading note 2 to this chapter, viarilla, imbia and balsa, RM5.00 per cubic meter.
	4407 25 of tropical wood specified in subheading note 2 to this chapter.
	Dark red marati, light red marati and marati bakao, RM125.00 per cubic metre 4407 26 of tropical wood specified in subheading note 2 to this chapter, white lua, white marati, white saraya, Yellow, Marati and Ala, rm 5.00 per cubic meter.
	4407, 27 of tropical wood specified in subheading note 2 to this chapter.
	Sapelli rm 5.00 per cubic metre.
	4407, 28 of tropical wood specified in subheading note 2 to this chapter.
	Ioroko rm5.00 per cubic metre.
	4407, 29 of tropical wood specified in subheading note 2 to this chapter.
	Other rm5.00 per cubic meter, 4407, 91.
	Other of oak quercus, spp.
	Rm5.00 per cubic metre 4407, 92.
	Other of beech phagus, spp.
	Rm5.00 per cubic metre 4407, 93.
	Other of maple acer, spp.
	Rm5.00 per cubic metre.
	4407 of Cherry Pruis, SPPRM.
	5.00 per cubic meter 440795.
	Other of Ash Fraxanus, SPPRM.
	5.00 per cubic meter.
	4407, 99 other, RM 5.00 per cubic meter.
	4408 10.
	Sheets for veneering, including those obtained by slicing laminated wood for plywood or for similar laminated wood and other wood sawn lengthwise, sliced or peeled, whether or not planed sanded, sliced or end jointed, of a thickness not exceeding 6 mm.
	Coniferous, rm 255.00 per cubic meter.
	4408 31 of tropical wood specified, dark red maruti, light red Maruti and Marati.
	Bakau rm 255.00 per cubic meter.
	4408.
	39 of tropical wood specified other, rm 255.00 per cubic meter.
	4408, 90.
	Other, rm 255.00 per cubic meter.
	4409 10.
	Wood, including strips and freezes for park.
	A flooring not assembled, continuously shaped tongued grooved rebated chamfered v-jointed beaded molded, rounded or the like, along any of its edges, ends or faces, whether or not planed, sanded or end jointed coniferous, rm 5.00 per cubic meter.
	2 to 43.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	2 to 38.
	Annex 2, see Colon.
	Export duties, taxes or other charges 1.
	Article 2.16.
	Export duties, taxes or other charges shall apply to goods provided for in the items listed in a parties section to this annex only as specified below 2.
	With respect to a good provided for in an item listed in section 1 to this annex, Malertia shall not apply any export duties, taxes or other charges in an amount greater than that specified for that item in section 1 to this annex 3.
	With respect to a good provided for in an item listed in section 2 to this annex, Vietnam shall eliminate any export duties, taxes or other charges in accordance with the following categories, as indicated for each item listed in Section 2 to this annex, A.
	Export duties, taxes or other charges on goods provided for in the items in category A may remain in place for five years but shall not exceed the base rate.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the 1st of year 6, b.
	Export duties, taxes or other charges on goods provided for in the items in category B may remain in place for seven years but shall not exceed the base rate.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the first of year 8, c.
	Export duties, taxes or other charges on goods provided for in the items in category C shall be eliminated in 11 equal annual stages.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the 1st of year 11, D. Export duties, taxes or other charges on goods provided for in the items in category D may remain in place for 10 years but shall not exceed the base rate.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the 1st of year 11, e.
	Export duties, taxes or other charges on goods provided for in the items in category E shall be eliminated in 13 equal annual stages.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the first of year 13, F. Export duties, taxes or other charges on goods provided for in the items in category F may remain in place for 12 years but shall not exceed the base rate.
	Vietnam shall not apply any export duty, tax, or other charge on such goods from January the first of year 13, subject to legal review in English, Spanish and French for accuracy,
	Clarity and Consistency Subject to Authentication of English, Spanish and French Versions 2-39. Subject to Legal Review in English, Spanish and French for Accuracy, Clarity and Consistency Subject to authentication of English, Spanish and French versions 2 to 63.
	Annex 2D Tariff Elimination.
	Section A colon, tariff elimination and reduction 1.
	The base rate of customs duty and staging category for determining the interim rate of customs duty at each stage of reduction for an item are indicated for the item in each party's schedule.
	2 interim staged rates shall be rounded down at least to the nearest tenth of a percentage point or, if the rate of duty is expressed in monetary units, as specified in each party's tariff schedule.
	3.
	A. Except as otherwise provided in paragraph 4, a. When this agreement enters into force for a party pursuant to paragraph 1, 2, or 3 of article 30.5, entry into force, i.
	The rates of customs duties provided for in any tariff line in that party's schedule in any staging category other than EIF shall be initially reduced on the date of entry into force of this agreement for that party, and, 2, except as otherwise provided in that party's schedule, the second stage of tariff reduction shall take effect on January the 1st of the following year,
	and each subsequent annual stage of tariff reduction shall take effect on January the 1st of each subsequent year.
	b.
	Except as provided in paragraph 4, b.
	I. When this agreement enters into force for a party pursuant to paragraphs 4 and 5 or article 30.5, entry into force, i.
	On the date of entry into force of this agreement for that party, that party shall implement all stages of tariff reduction that it would have implemented up to that date as if this agreement had entered into force pursuant to paragraphs 1, 2, or 3 of article 30.5, entry into force, and, 2, except as otherwise provided in that party's schedule,
	the next annual stage of tariff reduction following those stages implemented pursuant to subparagraph, bi, shall take effect on January the first of the year after entry into force of this agreement for that party, and each subsequent annual subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English,
	Spanish and French versions 2 to 64 stage of tariff reduction shall take effect on January the 1st of each subsequent year.
	4.
	A.
	A party for which this agreement has entered into force pursuant to paragraphs 1, 2, or 3 of Article 30.5, entry into force, an original party, may, with respect to a party for which the agreement has entered into force pursuant to paragraphs 4 or 5 of Article 30.5, a new party, either, I,
	apply its schedule to this annex as if this agreement had entered into force for both parties on the date of entry into force of this agreement for the new party, or, 2, apply its schedule to this annex as if this agreement had entered into force for both parties on the date of entry into force of this agreement for the original party.
	b.
	If the original party applies its schedule as if this agreement had entered into force for both parties on the date of entry into force of this agreement for the new party pursuant to paragraph 4, a.
	I.
	The new party may apply its schedule with respect to the original party, either, i. as if this agreement had entered into force for both parties on the date of entry into force of the agreement for the new party, or 2, as if this agreement had entered into force for both parties on the date of entry into force of this agreement for the original party.
	c.
	An original party shall, no later than 12 days after the date of the affirmative determination by the Commission referred to in Article 30.55, entry into force, for a signatory, notify that signatory and all other parties of its election under paragraph 4, a, with respect to the signatory.
	A signatory shall, no later than 24 days after the date of the affirmative determination by the Commission referred to in Article 30.55 for that signatory, notify all parties of its election under paragraph 4, B, with respect to each original party that notified its election to apply its schedule pursuant to paragraph 4, A, I, for that signatory.
	D.
	An original party that does not notify an election under subparagraph, A, as provided in subparagraph, C, shall, upon entry into force of this agreement for the new party, apply its schedule to the new party as provided in subparagraph, A, II.
	A new party that does not notify an election under subparagraph, B, as provided in subparagraph, C, shall, upon entry into force of this agreement for that new party, apply its schedule to the original party as provided in subparagraph B, 2.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 65, e.
	For greater certainty, I.
	An original party that applies its schedule to a new party as provided in paragraph 4, a, i, may unilaterally accelerate the elimination of customs duties on an originating good set out in its schedule to this annex with respect to the new party pursuant to Article 2.45, elimination of customs duties.
	And, 2, a new party that applies its schedule to an original party as provided in paragraph 4, b, i, may unilaterally accelerate the elimination of customs duties on an originating good set out in its schedule to this annex with respect to the original party pursuant to article 2.45, elimination of customs duties.
	f.
	Notwithstanding any other provision of this agreement, if on the date of entry into force of this agreement for a new party for which an original party has elected to apply its schedule as provided in paragraph 4, a, i, i, the original party unilaterally accelerates the elimination of customs duties on an originating good of the new party, the original party shall not subsequently reverse that acceleration, and, 2,
	the new party unilaterally accelerates the elimination of customs duties.
	On an originating good of the original party, the new party shall not subsequently reverse that acceleration.
	5.
	In the event of a discrepancy in a party's schedule to this annex between the staging category specified for an item and any tariff rate specified for that item for a particular year, the party shall apply the rate required pursuant to the staging category specified for the item.
	6.
	For the purposes of this annex and a party's schedule, A. Year 1 means, I, except as provided in subparagraphs, A, 2, and, 3, the year of entry into force of this agreement for any party pursuant to Article 30.51,
	entry into force, 2, in the schedule of an original party, with respect to goods of a new party for which the original party has elected to apply its schedule as provided subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 2 to 66 in paragraph 4, A, I.
	The year of entry into force of this agreement for that new party, and, 3, in the schedule of a new party, with respect to goods of an original party for which the new party has elected to apply its schedule as provided in paragraph 4, b.
	I.
	The year of entry into force of this agreement for the new party, but, 4, notwithstanding subparagraphs, a, 2, and, 3 1, for purposes of any tariff rate.
	Quota or safeguard measure set out in the schedule of a party and applicable to originating goods of all parties, year 1 means the year this agreement enters into force for any party pursuant to Article 30.51, entry into force, and 2.
	For purposes of any tariff rate quota or safeguard measures set out in the schedule of a party and applicable to originating goods of more than one party, but not all parties, year 1 shall have the meaning set forth in the schedule of that party.
	b.
	Year 2 means the year after year 1, year 3 means the year after year 2, year 4 means the year after year 3, etc.
	C. Year means a calendar year beginning on January 1 and ending on December 31, except as otherwise provided in a party's schedule.
	7.
	For tariff lines where a safeguard is applicable as identified in a party's schedule to this annex, the modalities of the safeguard as it applies to originating goods are specified in section B to the schedule.
	Section B Colon Tariff Differentials 8.
	Except as otherwise provided for in a party's schedule to this annex if an importing party applies different preferential tariff treatment to other parties for the same originating good at the time a claim for preferential tariff treatment is made in accordance with the importing party's schedule to this annex,
	the importing party shall apply the rate of customs duty for the originating good of the party where the last production process, other than a minimal operation, occurred.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency subject to authentication of English, Spanish and French versions 2 to 67 9.
	For purposes of paragraph 1, a minimal operation is, a, an operation to ensure the preservation of a good in good condition for purposes of transport and storage, b.
	Packaging, repackaging, breaking up of consignments or putting up a good for retail sale, including placing in bottles, cans, flasks, bags, cases or boxes, c.
	Mere dilution with water or another substance that does not materially alter the characteristics of the good, d.
	Collection of goods intended to form sets, assortments, kits or composite goods, and e.
	Any combination of operations referred to in sub-paragraphs A, through, D. 10, notwithstanding paragraph 8, and any applicable rules and conditions set out in a party's schedule to this annex, the importing party shall allow an importer to make a claim for preferential tariff treatment at either, a the highest rate of customs duty applicable to an originating good from any of the parties or.
	B the highest rate of customs duty applicable to an originating good from any party where a production process occurred.
	2 to 67.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 3-1.
	Chapter 3, rules of origin and origin procedures.
	Section a rules of origin.
	Article 3.1 definitions for the purposes of this chapter.
	Aquaculture means the farming of aquatic organisms, including fish mollusks crustaceans, other aquatic invertebrates and aquatic plants from seed stock, such as eggs fry, fingerlings or larvae, by intervention in the rearing or growth processes to enhance production, such as regular stocking, feeding or protection from predators.
	Fungible goods or materials means goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical.
	Generally accepted accounting principles means those principles recognized by consensus or with substantial authoritative support in the territory of a party with respect to the recording of revenues expenses costs, assets and liabilities, the disclosure of information and the preparation of financial statements.
	These principles may encompass broad guidelines for general application as well as detailed standards, practices and procedures.
	Good means any merchandise product, article or material.
	Indirect material means a material used in the production, testing or inspection of a good but not physically incorporated into the good, or a material used in the maintenance of buildings or the operation of equipment associated with the production of a good, including, a fuel energy, catalysts and solvents.
	B equipment, devices and supplies used to test or inspect the good.
	C gloves glasses footwear, clothing.
	Safety, safety equipment and supplies.
	D. Tools, dyes and molds.
	E. Spare parts and materials used in the maintenance of equipment and buildings.
	F. Lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings.
	And subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-2.
	G. Any other material that is not incorporated into the good but the use of which.
	In the production of the good can reasonably be demonstrated to be a part of.
	That production.
	Material means a good that is used in the production of another good, non-originating good or non-originating material means a good or material that does not qualify as originating in accordance with this chapter.
	Originating good or originating material means a good or material that qualifies as originating in accordance with this chapter.
	Packing materials and containers for shipment means goods used to protect another good during its transportation, but does not include the packaging materials or containers in which a good is packaged for retail sale.
	Producer means a person who engages in the production of a good, and production means operations including growing, cultivating, raising, mining, harvesting, fishing, trapping, hunting, capturing, collecting, breeding, extracting, aquaculture, gathering, manufacturing, processing or assembling a good.
	Transaction value means the price actually paid or payable for the good when sold for export.
	Or other value determined in accordance with the customs valuation agreement, and value of the good means the transaction value of the good excluding any costs incurred in the international shipment of the good.
	Article 3.2, originating goods.
	Except as otherwise provided in this chapter, each party shall provide that a good is originating if it is wholly obtained or produced entirely in the territory of one or more of the parties as established in Article 3.3, wholly obtained or produced goods.
	B. Produced entirely in the territory of one or more of the parties, exclusively.
	From originating materials, or C. Produced entirely in the territory of one or more of the parties using non-originating materials provided the good satisfies all applicable requirements of Annex 3D, product specific rules of origin, and the good satisfies all other applicable requirements of this chapter.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-3.
	Article 3.3, wholly obtained or produced goods.
	Each party shall provide that for the purposes of Article 3.2, originating goods, a good is wholly obtained or produced entirely in the territory of one or more of the parties if it is a plant or plant good, grown, cultivated, harvested, picked or gathered there.
	B.
	A live animal born and raised there.
	C.
	A good obtained from a live animal there.
	D.
	An animal obtained by hunting, trapping, fishing, gathering or capturing there.
	E.
	A good obtained from a quackleture there.
	F.
	A mineral or other naturally occurring substance, not included in.
	Separagraphs, A, through, E, extracted or taken from there.
	G. Fish, shellfish and other marine life taken from the sea, seabed or subsoil.
	Outside the territories of the parties and, in accordance with international law, outside the territorial sea of non-parties won by vessels that are registered, listed, or recorded with the party and entitled to fly the flag of that party.
	H.
	A good produced from goods referred to in Saparagraph, G. On board a factory.
	Ship that is registered, listed or recorded with the party and entitled to fly the flag of that party.
	I.
	A good other than fish, shellfish and other marine life taken by a party or a person of a party from the seabed or subsoil outside the territories of the parties and beyond areas over which non-parties exercise jurisdiction.
	Provided that party or person of that party has the right to exploit that seabed or subsoil in accordance with international law.
	J.
	A good that is.
	I, waste or scrap derived from production there, or 2.
	Waste or scrap derived from used goods collected there, provided that those goods are fit only for the recovery of raw materials, and 1.
	Nothing in this chapter shall prejudice the positions of the parties with respect to matters relating to the law of the sea.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-4.
	K.
	A good produced there, exclusively from goods referred to in Saparagraphs.
	A, through, J, or from their derivatives.
	Article 3.4, Treatment of Recovered Materials Used in Production of a Remanufactured Good.
	1. Each party shall provide that a recovered material derived in the territory of one or more of the parties is treated as originating when it is used in the production of and incorporated into a remanufactured good.
	2.
	For greater certainty.
	A, a remanufactured good is originating only if it satisfies the applicable requirements of Article 3.2, originating goods, and B.
	A recovered material that is not used or incorporated in the production of a remanufactured good is originating only if it satisfies the applicable requirements of Article 3.2, originating goods.
	Article 3.5, Regional Value Content.
	1. Each party shall provide that a regional value content requirement specified in this chapter, including related annexes, to determine whether a good is originating, is calculated as follows.
	A. Focused value method, based on the value of specified non-originating materials.
	RVC equals value of the good FVNMX100.
	Value of the good.
	B. Build down method, based on value of non-originating materials.
	RVC equals value of the good VNMX100.
	Value of the good.
	C. Build up method, based on value of originating materials.
	RVC equals VMX100.
	Value of the good.
	Or.
	D. Net cost method, for automotive goods only.
	RVC equals MC, VNMX100.
	NC.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-5.
	Where, RVC is the regional value content of a good, expressed as a percentage, VNM is the value of non-originating materials, including materials of undetermined origin, used in the production of the good, NC is the net cost of the good determined in accordance with Article 3.9, net cost, FVNM is the value of non-originating materials, including materials of undetermined origin,
	specified in the applicable products specific rule, PSR, in Annex 3D, product specific rules.
	Of origin, and used in the production of the good.
	For greater certainty, non-originating.
	Materials that are not specified in the applicable PSR in Annex 3D, product specific rules.
	Of origin, are not taken into account for the purpose of determining FVNM, and them is the value of originating materials used in the production of the good in the territory.
	Of one or more of the parties.
	2.
	Each party shall provide that all costs considered for the calculation of regional value content are recorded and maintained in conformity with the generally accepted accounting principles applicable in the territory of a party where the good is produced.
	Article 3.6, materials used in production.
	1. Each party shall provide that if a non-originating material undergoes further. Production such that it satisfies the requirements of this chapter, the material is treated as originating when determining the originating status of the subsequently produced good, regardless of whether that material was produced by the producer of the good.
	2.
	Each party shall provide that if a non-originating material is used in the production of a good, the following may be counted as originating content for the purpose of determining whether the good meets a regional value content requirement.
	A, the value of processing of the non-originating materials undertaken in the territory of one or more of the parties, and b the value of any originating material used in the production of the non-originating material undertaken in the territory of one or more of the parties.
	Article 3.7, value of materials used in production.
	Each party shall provide that for the purposes of this chapter, the value of a material is, A, for a material imported by the producer of the good, the transaction value of the material at the time of importation, including the costs incurred in the international shipment of the good, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-6.
	B. For a material acquired in the territory where the good is produced.
	I, the price paid or payable by the producer in the party where the producer is located.
	2. The value is determined for an imported material in sub paragraph, A, or 3. The earliest ascertainable price paid or payable in the territory of the party, or C, for a material that is self-produced,
	I, or the costs incurred in the production of the material, which includes general expenses, and 2. An amount equivalent to the profit added in the normal course of trade, or equal to the profit that is usually reflected in the sale of goods of the same class or kind as the self-produced material that is being valued.
	Article 3.8, further adjustment to the value of materials.
	1. Each party shall provide that for an originating material the following expenses may be added to the value of the material, if not included under Article 3.7, Value of Materials used in production, A. The costs of freight, insurance, packing and all other costs incurred to transport the material to the location of the producer of the good.
	b duties, taxes and customs brokerage fees on the material paid in the territory of one or more of the parties, other than duties and taxes that are waived, refunded, refundable or otherwise recoverable,
	which include credit against duty or tax paid or payable, and C. The cost of waste and spoilage resulting from the use of the material in the production of the good, lest the value of reusable scrap or by-product.
	2. Each party shall provide that, for a non-originating material or material of undetermined origin, the following expenses may be deducted from the value of the material.
	A. The costs of freight, insurance, packing and all other costs incurred in transporting the material to the location of the producer of the good.
	b duties, taxes and customs brokerage fees on the material paid in the territory of one or more of the parties, other than duties and taxes that are waived, refunded, refundable or otherwise recoverable, which include credit against duty or tax paid or payable, and subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-7.
	C. The cost of waste and spoilage resulting from the use of the material in the production of the good, lest the value of reusable scrap or by-product.
	3.
	If the cost for expense listed in paragraph 1 or 2 is unknown or documentary evidence of the amount of the adjustment is not available, then no adjustment is allowed for that particular cost.
	Article 3.9, net cost.
	1.
	If annexed 3D, product specific rules of origin, specifies a regional value content.
	Requirement to determine whether an automotive good of subheading 8407.31 through 8407.34, 8408.20, heading 84.09, heading 87.01 through 87.08 or heading 87.11 is.
	Originating.
	Each party shall provide that the requirement to determine origin of that good based on the net cost method is calculated as set out under Article 3.5, Regional Value Content.
	2.
	For the purposes of this article, A, net cost means total cost minus sales promotion, marketing and after sales.
	Service costs, royalties, shipping and packing costs, and non-allowable interest.
	Costs that are included in the total cost, and b net cost of the good means the net cost that can be reasonably allocated to the good, using one of the following methods.
	I. Calculating the total cost incurred with respect to all automotive goods.
	Produced by the producer, subtracting any sales, promotion, marketing, and after sales service costs, royalties, shipping and packing costs, and non-allowable interest costs that are included in the total cost of all those goods, and then reasonably allocating the resulting net cost of those goods to the good.
	2.
	Calculating the total cost incurred with respect to all automotive goods.
	Produced by the producer, reasonably allocating the total cost to the good, and then subtracting any sales promotion, marketing and after sales.
	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 3.
	Reasonably allocating 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 after sales service.
	Costs, royalties, shipping and packing costs, and non-allowable interest.
	Costs, provided that the allocation of all those costs is consistent with the provisions regarding the reasonable allocation of costs set out in generally accepted accounting principles.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-8.
	3.
	Each party shall provide that for the purposes of the net cost method for motor vehicles of heading 87.01 through 87.06 or heading 87.11, the calculation may be averaged.
	Over the producer's fiscal year using any one of the following categories, on the basis of all motor vehicles in the category or only those motor vehicles in the category that are exported to the territory of another party.
	A.
	The same model line of motor vehicles in the same class of motor 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. Any other category as the parties may decide.
	4.
	Each party shall provide that for the purposes of the net cost method in paragraphs 1 and 2.
	For automotive materials of subheading 8407.31 through 8407.34, 8408.20, heading. 84.09, 87.06, 87.07, or 87.08.
	Produced in the same plant, a calculation may be averaged.
	A, over the fiscal year of the motor vehicle producer to whom the good is sold.
	B. Over any quarter or month, or C. Over the fiscal year of the producer of the automotive material, provided that the good was produced during the fiscal year, quarter or month forming.
	The basis for the calculation, in which I.
	The average insect paragraph, A, is calculated separately for those goods sold to one or more motor vehicle producers, or 2.
	The average insect paragraph, A, or, B, is calculated separately for those goods that are exported to the territory of another party.
	5.
	For the purposes of this article, A, class of motor vehicles means any one of the following categories of motor vehicles.
	I. Motor Vehicles classified under subheading 8701.20, motor vehicles for the transport of 16 or more persons classified under subheading. 8702.10 or 8702.90,
	and motor vehicles classified under subheading. 8704.10, 8704.22, 8704.23, 8704.32 or 8704.90, or heading 87.05 or 87.06, subject to legal review in English,
	Spanish and French for accuracy, clarity and consistency.
	Subject authentication of English, Spanish and French versions.
	3-9.
	2. Motor vehicles classified under subheading 8701.10 or subheadings. 8701.30 through 8701.90.
	3. Motor vehicles for the transport of 15 or fewer persons classified under. Subheading 8702.10 or 8702.90, and motor vehicles classified under. Subheading 8704.21 or 8704.31.
	4. Motor vehicles classified under subheadings 8703.21 through 8703.90 or V. Motor Vehicles Classified under heading 87.11.
	B. Model line of motor vehicles means a group of motor vehicles having the same platform or model name.
	C. Non-allowable interest costs means interest costs incurred by a producer that exceeds 700 basis points above the yield on debt obligations of comparable maturities issued by the central level of government of the party in which the producer is located.
	D. Reasonably allocate means to a portion in a manner appropriate under generally accepted accounting principles.
	E. Royalty means payments of any kind, including payments under technical assistance or similar agreements, made as consideration for the use or right to use any copyright, literary, artistic or scientific work, patent, trademark, design, model, plan, secret formula or process, excluding those payments.
	Under technical assistance or similar agreements that can be related to specific services such as I. Personnel training, without regard to where that training is performed, or 2.
	Engineering, tooling, die setting, software design and similar computer services, or other services, if performed in the territory of one or more of the parties.
	F. Sales promotion, marketing and after sales service costs means the following costs related to sales promotion, marketing and after sales service.
	I. Sales and marketing promotion, media advertising, advertising and Market research, promotional and demonstration materials, exhibits, sales conferences, trade shows and conventions, banners, marketing.
	Displays, free samples, sales, marketing and after sales service.
	Literature, good brochures, catalogs, technical literature, price lists, service manuals and sales 8.
	Information, establishment and.
	Subject to legal review in English, Spanish and French for accuracy, clarity and.
	Consistency.
	Subject to authentication of English, Spanish and French versions.
	3-10.
	Protection of logos and trademarks, sponsorships, wholesale and retail.
	Restocking charges, and entertainment.
	2.
	Sales and marketing incentives, consumer, retailer or wholesaler.
	Rebates and merchandise incentives.
	3.
	Salaries and wages, sales commissions, bonuses, benefits, for example, medical, insurance or pension benefits, traveling and living expenses, and membership and professional fees for sales promotion, marketing, and after sales service personnel.
	4.
	Recruiting and training of sales promotion, marketing and after sales.
	Service personnel and after sales training of customers employees, if those costs are identified separately for sales promotion, marketing and after sales service of goods on the financial statements or cost accounts.
	Of the producer.
	V. Liability Insurance for Goods.
	6.
	Office supplies for sales promotion, marketing and after sales service.
	Of goods if those costs are identified separately for sales promotion, marketing and after sales service of goods on the financial statements.
	Or cost accounts of the producer.
	7.
	Telephone, mail and other communications if those costs are identified.
	Separately for sales promotion, marketing and after sales service of goods and the financial statements or cost accounts of the producer.
	8.
	Rent and depreciation of sales promotion, marketing and after sales.
	Service offices and distribution centers.
	9.
	Property insurance premiums, taxes, cost of utilities, and repair and.
	Maintenance of sales promotion, marketing and after sales service.
	Offices and distribution centers, If those costs are identified separately for sales promotion, marketing and after sales service of goods on the financial statements or cost accounts of the producer and X. Payments by the producer to other persons for warranty repairs.
	G. Shipping and packing costs means the costs incurred to pack a good for shipment and to ship the good from the point of direct shipment to the buyer.
	Excluding costs to prepare and package the good for retail sale.
	And h.
	Total cost means all product costs, period costs and other costs for a good incurred in the territory of one or more of the parties, where subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-11 I. Product costs are costs that are associated with the production of a good and include the value of materials, direct labor costs and direct overhead 2.
	Period costs are costs other than product costs that are expensed in the period in which they are incurred, such as selling expenses and general and administrative expenses and 3.
	Other costs are all costs recorded on the books of the producer that are not product costs or period costs, such as interest.
	Total cost does not include profits that are earned by the producer, regardless of whether they are attained by the producer or paid out to other persons as dividends or taxes paid on those profits, including capital gains taxes.
	Article 3.10, accumulation 1.
	Each party shall provide that the good is originating if the good is produced in the territory of one or more of the parties by one or more producers, provided that the good satisfies the requirements in article 3.2, originating goods and all other applicable requirements in this chapter.
	2 each party shall provide that an originating good or material of one or more of the parties that is used in the production of another good in the territory of another party is considered as originating in the territory of the other party.
	3 each party shall provide that production undertaken on a non-originating material in the territory of one or more of the parties by one or more producers may contribute toward the originating content of a good for the purpose of determining its origin, regardless of whether that production was sufficient to confer originating status to the material itself.
	Article 3.11 the minimis.
	One except as provided in annex 3c, exceptions to article 3.11 the minimis.
	Each party shall provide that the good that contains non-originating materials that do not satisfy the applicable change in tariff classification requirement specified in Annex 3D,
	product specific rules of origin, for the good is nonetheless an originating good if the value of all these materials does not exceed 10% of the value of the good as defined under Article 3.1 definitions and the good meets all the other applicable requirements of this chapter 2.
	Paragraph 1 applies only when using a non-originating material in the production of another good 3.
	If a good described in paragraph 1 is also subject to a regional value content requirement, the value of those non-originating materials shall be included in the value of non-originating materials for the applicable regional value content requirement.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-12.
	4.
	With respect to a textile or apparel good, Article 4.2, Rules of Origin and Related Matters, applies in place of paragraph 1.
	Article 3.12, fungible goods or materials.
	Each party shall provide that, a fungible good or material is treated as originating based on the physical segregation of each fungible good or material, or.
	B use of any inventory management method recognized in the generally accepted accounting principles if the fungible good or material is commingled, provided that the inventory management method selected is used throughout the fiscal year of the person that selected the inventory management method.
	Article 3.13, accessories, spare parts, tools and instructional or other information materials.
	1.
	Each party shall provide that in determining whether a good is wholly obtained or satisfies a process or change in tariff classification requirement is set out in Annex 3D,
	product specific rules of origin, accessories, spare parts, tools or instructional or other information materials, as described in paragraph 3, are to be disregarded or b in determining whether a good meets a regional value content requirement, the value of the accessories, spare parts, tools or instructional or other information materials, as described in paragraph 3,
	are to be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good.
	2.
	Each party shall provide that a good S accessories, spare parts, tools or instructional or other information materials, as described in paragraph 3, have the originating status of the good with which they are delivered.
	3.
	For the purposes of this article, accessories, spare parts, tools, and instructional other information materials are covered when the accessories, spare parts, tools and instructional or other information materials are classified with, delivered with but not invoiced separately from the good, and subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-13.
	b.
	The types, quantities, and value of the accessories, spare parts, tools and instructional or other information materials are customary for that good.
	Article 3.14, packaging materials and containers for retail sale.
	1.
	Each party shall provide that packaging materials and containers in which a good is packaged for retail sale, if classified with the good, are disregarded in determining whether all the non-originating materials used in the production of the good have satisfied the applicable process or change in tariff classification requirements set out in Annex 3D.
	Product specific rules of origin, or whether the good is wholly obtained or produced.
	2.
	Each party shall provide that if a good is subject to a regional value content requirement, the value of the packaging materials and containers in which the good is packaged for retail sale, if classified with the good, are taken into account as originating or non-originating, as the case may be, in calculating the regional value content of the good.
	Article 3.15, packing materials and containers for shipment.
	Each party shall provide that packing materials and containers for shipment are disregarded in determining whether a good is originating.
	Article 3.16, indirect materials.
	Each party shall provide that an indirect material is considered to be originating.
	Without regard to where it is produced.
	Article 3.17, sets of goods.
	1.
	Each party shall provide that for a set classified as a result of the application of rule.
	3.
	A, or, b, of the general rules for the interpretation of the harmonized system, the originating status of the set shall be determined in accordance with the product specific rule of origin that applies to the set.
	2.
	Each party shall provide that for a set classified as a result of the application of rule. 3.
	C. Of the general rules of interpretation of the harmonized system, the set is originating.
	Only if each good in the set is originating and both the set and the goods meet the other.
	Applicable requirements of this chapter.
	3.
	Notwithstanding paragraph 2, for a set classified as a result of the application of rule. 3.
	C. Of the general rules of interpretation of the harmonized system, the set is originating if.
	The value of all the non-originating goods in the set does not exceed 10% of the value of the set.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-14.
	4.
	For the purposes of paragraph 3, the value of the non-originating goods in the set and the value of the set shall be calculated in the same manner as the value of non-originating materials and the value of the good.
	Article 3.18, Transit and Transshipment.
	1.
	Each party shall provide that an originating good retains its originating status if the good has been transported to the importing party without passing through the territory of non-party.
	2.
	Each party shall provide that if an originating good is transported through the territory of one or more non-parties, the good retains its originating status provided that the good does not undergo any operation outside the territories of the parties other than unloading,
	reloading, separation from a bulk shipment, storing, labeling or marking required by the importing party, or any other operation necessary to preserve it in good condition or to transport the good to the territory of the importing party, and B remains under the control of the customs administration in the territory of non-party.
	Section B, Origin Procedures.
	Article 3.19, Application of Origin Procedures.
	Except as otherwise provided in Annex 3A, other arrangements, each party shall apply the procedures in this section.
	Article 3.20, claims for preferential treatment.
	1.
	Except as otherwise provided in Annex 3A, other arrangements, each party shall.
	Provide that an importer may make a claim for preferential tariff treatment based on a certification of origin completed by the exporter, producer or importer to 3.
	2.
	Nothing in this chapter shall prevent a party from requiring an importer, exporter or producer in its territory that completes a certification of origin to demonstrate that it is able to support that certification.
	3 For Brumane dare Russalame, Malaysia, Mexico, Peru and Vietnam, implementation of paragraph 1 with respect to a certification of origin by the importer shall be no later than 5 years after their respective dates of entry into force of this agreement.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-15.
	2.
	An importing party may require that an importer who completes a certification of origin provide documents or other information to support the certification.
	B. Establish in its law conditions that an importer shall meet to complete a certification of origin.
	C. If an importer fails to meet or no longer meets the conditions established under.
	So paragraph B prohibit that importer from providing its own certification as the basis of a claim for preferential tariff treatment or D.
	If a claim for preferential tariff treatment is based on a certification of origin completed by an importer, prohibit that importer from making a subsequent claim for preferential tariff treatment for the same importation based on a certification of origin completed by the exporter or producer.
	3.
	Each party shall provide that the certification of origin need not follow a prescribed format.
	B. Be in writing, including electronic format, C, specifies that the good is both originating and meets the requirements of this chapter, and D, contains a set of minimum data requirements as set out in Annex 3B.
	Minimum data requirements.
	4.
	Each party shall provide that the certification of origin may apply to a single shipment of a good into the territory of a party or b.
	Multiple shipments of identical goods within any period specified in the certification of origin but not exceeding 12 months.
	5.
	Each party shall provide that the certification of origin is valid for one year after the date that it was issued or for such longer periods specified by the laws and regulations of the importing party.
	6.
	Each party shall allow an importer to submit a certification of origin in English.
	If the certification of origin is not in English, the importing party may require the importer to submit a translation in the language of the importing party.
	Article 3.21, basis of a certification of origin.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-16.
	1. Each party shall provide that if a producer certifies the origin of a good, the certification of origin is completed on the basis of the producer having information that the good is originating.
	2. Each party shall provide that if the exporter is not the producer of the good, a certification of origin may be completed by the exporter of the good on the basis of the exporter having information that the good is originating or b reasonable reliance on the producer's information that the good is originating.
	3. Each party shall provide that the certification of origin may be completed by the importer of the good on the basis of the importer having documentation that the good is originating or b.
	Reasonable reliance on supporting documentation provided by the exporter or producer that the good is originating.
	4.
	For greater certainty, nothing in paragraph 1 or 2 shall be construed to allow a party to require an exporter or producer to complete a certification of origin or provide a certification of origin to another person.
	Article 3.22, Discrepancies.
	Each party shall provide that it shall not reject a certification of origin due to minor errors or discrepancies in the certification of origin.
	Article 3.23, waiver of certification of origin.
	1. No party shall require a certification of origin if the customs value of the importation does not exceed US$1,000 or the equivalent amount in the importing party's currency or any higher amount as the importing party may establish or b it is a good for which the importing party has waived waive the requirement or does not require the importer to present a certification of origin,
	provided that the importation does not form part of a series of importations carried out or planned for the purpose of evading compliance with the importing party's laws governing claims for preferential tariff treatment under this agreement.
	Article 3.24, Obligations relating to importation.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-17.
	1. Except as otherwise provided for in this chapter, each party shall provide that for the purpose of claiming preferential tariff treatment, the importer shall make a declaration for that the good qualifies as an originating good.
	B have a valid certification of origin in its possession at the time the declaration referred to.
	In so paragraph a is made.
	C provide a copy of the certification of origin to the importing party, if required by the party and.
	D if required by a party, to demonstrate that the requirements in article 3.18 transit and transshipment have been satisfied.
	Provide relevant documents, such as transport documents and, in the case of storage, storage or customs documents.
	Two, each party shall provide that if the importer has reason to believe that the certification of origin is based on incorrect information that could affect the accuracy or validity of the certification of origin, the importer shall correct the importation document and pay any customs duty and, if applicable, penalties owed.
	Three, no importing party shall subject an importer to a penalty for making an invalid claim for preferential tariff treatment if the importer, on becoming aware that such a claim is not valid and prior to discovery of the error by that party, voluntarily corrects the claim and pays any applicable customs duty under the circumstances provided for in the party's law.
	Article 3.25, obligations relating to exportation.
	One, each party shall provide that an exporter or producer in its territory that completes a certification of origin shall submit a copy of that certification of origin to the exporting party on its request.
	2. Each party may provide that a false certification of origin or other false information provided by an exporter or a producer in its territory to support a claim that a good exported to the territory of another party is originating has the same legal consequences with appropriate modifications as those that would apply to an importer in its territory that makes a false statement or representation in connection with an importation Are you interested in answering any question?
	3. Each party shall provide that if an exporter or a producer in its territory has provided a certification of origin and has reason to believe that it contains or is based on incorrect for a party shall specify its declaration requirements in its laws, regulations or procedures that are published or otherwise made available in a manner as to enable interested persons to become acquainted with them.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-18.
	Information, the exporter or producer shall promptly notify, in writing, every person and every party to whom the exporter or producer provided the certification of origin of any change that could affect the accuracy or validity of the certification of origin.
	Article 3.26, record-keeping requirements.
	1. Each party shall provide that an importer claiming preferential tariff treatment for a good imported into the territory of that party shall maintain, for a period of no less than five years from the date of importation of the good,
	the documentation related to the importation, including the certification of origin that served as the basis for the claim, and b all records necessary to demonstrate that the good is originating and qualified for preferential tariff treatment, if the claim was based on a certification of origin completed by the importer.
	2. Each party shall provide that producer or exporter in its territory that provides a certification of origin shall maintain, for a period of no less than five years from the date the certification of origin was issued, all records necessary to demonstrate that a good for which the exporter or producer provided a certification of origin is originating.
	Each party shall endeavor to make available information on types of records that may be used to demonstrate that a good is originating.
	3. Each party shall provide that an importer, exporter or producer in its territory may choose to maintain the records specified in paragraphs 1 and 2 in any medium that allows for prompt retrieval, including electronic, optical, magnetic or written form in accordance with that party's law.
	Article 3.27, verification of origin.
	1. For the purpose of determining whether a good imported into its territory is originating, the importing party may conduct a verification of any claim for preferential tariff treatment by one or more of the following five.
	A. A written request for information information from the importer of the good.
	B a written request for information from the exporter or producer of the good.
	5 for the purposes of this article.
	The information collected in accordance with this article shall be used for the purpose of ensuring the effective implementation of this chapter.
	A party shall not use these procedures to collect information for other purposes.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 3-19.
	C.
	A verification visit to the premises of the exporter or producer of the good.
	D. For a textile or apparel good, the procedures set out in Article 4.6, verification or.
	E. Other procedures as may be decided by the importing party and the party where an exporter or producer of the good is located.
	2.
	If an importing party conducts a verification, it shall accept information directly from the importer, exporter or producer.
	3.
	If a claim for preferential tariff treatment is based on a certification of origin completed by the exporter or producer and, in response to a request for information by an importing party under paragraph 1, A, the importer does not provide information to the importing party or the information provided is not sufficient to support a claim for preferential tariff treatment.
	The importing party shall request information from the exporter or producer under paragraph 1, B, or 1, C, before it may deny the claim for preferential tariff treatment.
	The importing party shall complete the verification, including any additional request to the exporter or producer under paragraph 1, B, or 1, C, within the time provided in paragraph 6, E. 6.
	4.
	A written request for information or for a verification visit under paragraphs 1, A, through 1, C, shall, A, be in English or in an official language of the party of the person to whom the request is made.
	B. Include the identity of the government authority issuing the request.
	C. State the reason for the request, including the specific issue the requesting party seeks to resolve with the verification.
	D. Include sufficient information to identify the good that is being verified.
	E. Include a copy of relevant information submitted with the good, including the certification of origin, and F. In the case of a verification visit, request the written consent of the exporter or producer whose premises are going to be visited, and state the proposed date and location for the visit and its specific purpose.
	6.
	For greater certainty, a party is not required to request information from the exporter or producer to support a claim for preferential tariff treatment or complete a verification through the exporter or producer if the claim for preferential tariff treatment is based on the importer's certification origin.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-20.
	5.
	If an importing party has initiated a verification in accordance with paragraph 1, B, or 1, C, it shall inform the importer of the initiation of the verification.
	6.
	For a verification under paragraphs 1, A, through 1, C, the importing party shall, A, ensure that a written request for information, or for documentation to be reviewed during a verification visit, is limited to information and documentation to determine whether the good is originating.
	B. Describe the information or documentation in sufficient detail to allow the importer, exporter or producer to identify the information and documentation necessary to respond.
	C. Allow the importer, exporter or producer at least 30 days from the date of receipt of the written request for information under paragraph 1, A, or 1, B, to respond.
	D. Allow the exporter or producer 30 days from the date of receipt of the written request for a visit under paragraph 1, C, to consent or refuse the request, and E. Make a determination following a verification as expeditiously as possible and no later than 90 days after it receives the information necessary to make the determination, including, if applicable,
	any information received under paragraph 9, and no later than 365 days after the first request for information or other action under paragraph 1.
	If permitted by its law, a party may extend the 365-day period in exceptional cases, such as where the technical information concerned is very complex.
	7.
	If an importing party makes a verification request under paragraph 1, B, it shall, on request of the party where the exporter or producer is located and in accordance with the importing party's laws and regulations, inform that party.
	The parties concerned shall decide the manner and timing of informing the party where the exporter or producer is located of the verification request.
	In addition, on request of the importing party, the party where the exporter or producer is located may, as it deems appropriate and in accordance with its laws and regulations, assist with the verification.
	This assistance may include providing a contact point for the verification, collecting information from the exporter or producer on behalf of the importing party, or other activities in order that the importing party may make a determination as to whether the good is originating.
	The importing party shall not deny a claim for preferential tariff treatment solely on the ground that the party where the exporter or producer is located did not provide request of assistance.
	8.
	If an importing party initiates a verification under paragraph 1, C, it shall, at the time of the request for the visit, inform the party where the exporter or producer is located and provide the opportunity for the officials of the party where the exporter or producer is located to accompany them during the visit.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-21.
	9.
	Prior to issuing a written determination, the importing party shall inform the importer.
	and any exporter or producer that provided information directly to the importing party of the results of the verification and if the importing party intends to deny preferential tariff treatment provide those persons a period of at least 30 days for the submission of additional information relating to the origin of the good 10.
	The importing party shall provide the importer with a written determination of whether the good is originating that includes the basis for the determination and b provide the importer, exporter or producer that provided information during the verification or certified that the good was originating with the results of the verification and the reasons for that result.
	11.
	During verification, the importing party shall allow the release of the good, subject the payment of duties or provision of security as provided for in its law.
	If as a result of the verification the importing party determines that the good is an originating good, it shall grant preferential tariff treatment to the good and refund any excess duties paid or release any security provided unless the security also covers other obligations.
	12. If verifications of identical goods by a party indicate a pattern of conduct by an importer, exporter or producer of false or unsupported representations relevant to a claim that a good imported into its territory qualifies as an originating good,
	the party may withhold preferential tariff treatment to identical goods imported, exported or produced by that person until that person demonstrates that the identical goods qualify as originating.
	For the purposes of this paragraph, identical goods means goods that are the same in all respects relevant to the particular rule of origin that qualifies the goods as originating.
	13. For the purpose of a verification request, it is sufficient for a party to rely on the contact information of an exporter, producer or importer in a party provided in a certification of origin.
	Article 3.28, Determinations on claims for preferential tariff treatment.
	1. Except as otherwise provided in paragraph 2 or article 4.7, determinations, each party shall grant a claim for preferential tariff treatment made in accordance with this chapter.
	For a good that arrives in its territory on or after the date of entry into force of this agreement.
	For that party.
	In addition, if permitted by the importing party, the importing party shall grant a claim for preferential tariff treatment made in accordance with this chapter for a good which is imported into its territory or released from customs control on or after the date of entry into force of this agreement for that party.
	2. The importing party may deny a claim for preferential tariff treatment if it determines that the good does not qualify for preferential treatment, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-22.
	b. Pursuant to a verification under Article 3.27, verification of origin, it has not received sufficient information to determine that the good qualifies as originating.
	C. The exporter, producer or importer fails to respond to a written request for information in accordance with Article 3.27, verification of origin.
	D. After receipt of a written notification for a verification visit, the exporter or producer does not provide its written consent in accordance with Article 3.27.
	Verification of origin, or E. The importer, exporter or producer fails to comply with the requirements of this chapter.
	3. If an importing party denies a claim for preferential tariff treatment, it shall issue a determination to the importer that includes the reasons for the determination.
	4. A party shall not reject a claim for preferential tariff treatment for the sole reason that the invoice was issued in a non-party.
	If an invoice is issued in a non-party, a party shall require that the certification of origin be separate from the invoice.
	Article 3.29, Refunds and claims for preferential tariff treatment after importation.
	1. Each party shall provide that an importer may apply for preferential tariff treatment and a refund of any excess duties paid for a good if the importer did not make a claim for preferential tariff treatment at the time of importation, provided that the good would have qualified for preferential tariff treatment when it was imported into the territory of the party.
	2. As a condition for preferential tariff treatment under paragraph 1, the importing party may require that the importer make a claim for preferential tariff treatment.
	B. Provide a statement that the good was originating at the time of importation.
	C provide a copy of the certification of origin and.
	D provide such other documentation relating to the importation of the good as the importing party may require no later than one year after the date of importation, or a longer period if specified in the importing party's law.
	Article 3.30 penalties, subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions.
	3-23, a party may establish or maintain appropriate penalties for violations of its laws and regulations related to this chapter.
	Article 3.31 confidentiality, each party shall maintain the confidentiality of the information collected in accordance with this chapter and shall protect that information from disclosure that could prejudice the competitive position of the person providing the information.
	Section c other matters.
	Article 3.32, committee on rules of origin and origin, 1.
	The parties hereby establish a committee on rules of origin and origin procedures.
	Committee, composed of government representatives of each party, to consider any matters arising under this chapter.
	2. The committee 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.
	3. The committee shall consult to discuss possible amendments or modifications to this chapter and its annexes, taking into account developments in technology, production, processes or other related matters.
	4. Prior to the entry into force of an amended version of the harmonized system, the committee shall consult to prepare updates to this chapter that are necessary to reflect changes to the harmonized system.
	5.
	With respect to a textile or apparel good, Article 4.8, Committee on Textile and Apparel Trade Matters, applies in place of this article.
	6. The Committee shall consult on the technical aspects of submission and the format of the electronic certification of origin.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-24.
	Annexer, other arrangements.
	1. This annex shall remain in force for a period of 12 years from the date of entry into force of this agreement according to Article 30.5.1, entry into force.
	2.
	A party may apply the arrangements under paragraph 5 only if it has notified the other parties of its intention to apply those arrangements at the time of entry into force of this agreement for that party.
	That party, the notifying party, may apply these arrangements for a period not exceeding five years after the date of entry into force of this agreement for that party.
	3.
	The notifying party may extend the period under paragraph 2 for one additional period of no more than 5 years if it notifies the other parties no later than 60 days prior to the expiration of the initial period.
	4.
	In no case shall a party apply the arrangements under paragraph 5 beyond 12 years.
	From the date of entry into force of this agreement according to Article 30.5.1, entry into force.
	5.
	An exporting party may require that a certification of origin for a good exported from its territory be either issued by a competent authority or b completed by an approved exporter.
	6.
	If an exporting party applies the arrangements under paragraph 5, it shall provide the requirements for those arrangements in publicly available laws or regulations, inform the other parties at the time of the notification under paragraph 2, and inform the other parties at least 90 days before any modification to the requirements comes into effect.
	7.
	An importing party may treat a certification of origin issued by a competent authority or completed by an approved exporter in the same manner as a certification of origin under section b8.
	An importing party may condition acceptance of a certification of origin issued by a competent authority or completed by an approved exporter on the authentication elements.
	Such as stamps, signatures or approved exporter numbers.
	To facilitate that authentication, the parties concerned shall exchange information on those elements.
	9.
	If a claim for preferential tariff treatment is based on a certification of origin issued by a competent authority or completed by an approved exporter, the importing party may make a verification request to the exporter or producer in accordance with Article 3.27, verification of origin, or to the competent authority that issued the certification of origin.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-25.
	10.
	If a party makes a verification request to the competent authority, the competent authority shall respond to it in the same manner as an exporter or producer under Article 3.27.
	Verification of origin.
	A competent authority shall maintain records in the same manner as an exporter or producer under Article 3.26 record keeping requirements.
	If the competent authority that issued the certification of origin fails to respond to a verification request, the importing party may deny the claim for preferential tariff treatment.
	11.
	If an importing party makes a verification request under Article 3.27.1, B. Verification of origin, it shall, on request of the party where the exporter or producer is located and in accordance with the importing party's laws and regulations, inform that.
	Party.
	The parties concerned shall decide the manner and timing of informing the party.
	Where the exporter or producer is located of the verification request in addition, on request of the importing party, the competent authority of the party where the exporter or producer is located may, as it deems appropriate and in accordance with the laws and regulations of the party where the exporter or producer is located, assist in the verification in the same manner.
	As Article 3.27.7, verification of origin.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-26.
	Annex B, minimum data requirements.
	A certification of origin that is the basis for a claim for preferential tariff treatment.
	Under this agreement shall include the following elements.
	1. Importer, exporter or producer certification of origin.
	Indicate whether the certifier is the exporter, producer or importer in accordance with.
	Article 3.20, claims for preferential treatment.
	2. Certifier.
	Provide the certifier S name, address, including country, telephone number and email.
	Address.
	3. Exporter.
	Provide the exporter's name, address, including country, email address and telephone number if different from the certifier.
	This information is not required if the producer is completing the certification of origin and does not know the identity of the exporter.
	The address of the exporter shall be the place of export of the good in a TPP country.
	4. Producer.
	Provide the producer's name, address, including country, email address and telephone number, if different from the certifier or exporter or, if there are multiple producers, state various or provide a list of producers.
	A person that wishes for this information to remain confidential may state available upon request by the importing authorities.
	The address of a producer shall be the place of production of the good in a TPP country.
	5. Importer.
	Provide, if known, the importer's name, address, email address and telephone.
	Number.
	The address of the importer shall be in a TPP country.
	6. Description and HS tariff classification of the good.
	A. Provide a description of the good in the HS tariff classification of the good the six-digit level.
	The description should be sufficient to relate it to the good.
	Covered by the certification and.
	B. If the certification of origin covers a single shipment of a good.
	Indicate, if known, the invoice number related to the exportation.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 3-27.
	7, origin criterion, specify the rule of origin under which the good qualifies 8.
	Blanket period, include the period if the certification covers multiple shipments of identical goods for a specified period of up to 12 months, as set out in paragraph 3.20.4.
	Claims for preferential treatment 9.
	Authorized signature and date, the certification must be signed and dated by the certifier and accompanied by the following statement, I certify that the goods described in this document qualify as originating and the information contained in this document is true and accurate.
	I assume responsibility for proving such representations and agree to maintain and present, upon request or to make available during a verification visit, documentation necessary to support this certification, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 3-28.
	Annex c, exceptions to article 3.11 the minimis.
	Each party shall provide that article 3.11 the minimis shall not apply to a non-originating materials of heading 04.01 through 04.06 or non-originating.
	Dairy preparations containing over 10, by dry weight, of milk solids of subheading 1901.90 or 2106.90 used in the production of a good of heading 04.01 through 04.06 other than a good of subheading 0402.10 through 0402.29 or 0406.307.
	b.
	Non-originating materials of heading 04.01 through 04.06 or non-originating dairy preparations containing over 10, by dry weight, of milk solids of subheading 1901.90, used in the production of the following goods, I.
	Infant preparations containing over 10, by dry weight, of milk solids of subheading 1901.10 2.
	Mixes and the containing over 25% by dry weight, of butter fat not put up for retail sale of subheading 1901.20 3.
	Dairy preparations containing over 10, by dry weight, of milk solids of subheading 1901.90 or 2106.90 4.
	Goods of heading 21.05 V. Beverages containing milk of subheading 2202.90 or 6.
	Animal feeds containing over 10% by dry weight, of milk solids of subheading 2309.90 C. Non-originating materials of heading 08.05 or subheading 2009.11 through 2009.39, used in the production of a good of subheading 2009.11 through 2009.39.
	Or fruit or vegetable juice of any single fruit or vegetable fortified with minerals or vitamins, concentrated or unconcentrated, of subheading 2106.90 or 2202.90 d.
	non-originating materials of chapter 15 of the harmonized system, used in the production of a good of headings 15.07, 15.08, 15.12, or 15.14,
	or 7 for greater certainty, milk powder of subheadings 0402.10 through 0402.29, and processed cheese of subheading 0406.30.
	that is originating as a result of the application of the 10% the minimis allowance, article 3.11.
	The minimis should be an originating material when used in the production of any good of heading 0 401 through 0 406, as referred to in sa paragraph a, or the goods listed in sa paragraph b, subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	3-29 e.
	Non-originating peaches, pears or apricots of chapter 8 or 20 of the harmonized system, used in the production of a good of heading 20.08.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	4-1.
	Chapter 4.
	Textiles and Apparel.
	Article 4.1, Definitions.
	For purposes of this chapter, textile or apparel good means a good listed in Annexer, Textiles and Apparel Product.
	Specific Rules of Origin.
	Customs offense means any act committed for the purpose of, or having the effect of, avoiding a party's laws or regulations pertaining to the terms of this agreement governing.
	Importations or exportations of textile or apparel goods amongst the parties, specifically.
	Those that violate a customs law or regulation for restrictions or prohibitions on imports or exports, duty evasion, falsification documents relating to the importation or exportation of goods, fraud or smuggling.
	Transition period means the period beginning at entry into force of the agreement between the parties concerned until five years after the date on which the importing party eliminates duties on that good for that exporting party pursuant to this agreement.
	Article 4.2, Rules of Origin and Related Matters.
	Application of Chapter 4.
	1.
	Except as provided in this chapter, including the annexes thereto, Chapter 3, Rules.
	Of Origin and Origin Procedures, applies to textile and apparel goods.
	Dominimis.
	2.
	A textile or apparel good in Annexer, Textiles and Apparel Product, Specific Rules.
	Of Origin, classified outside of Chapters 61 through 63 that is not an originating good.
	Because the materials used in the production of the good that do not undergo an applicable change in tariff classification set out in Annexer, Textiles and Apparel Product, Specific Rules of Origin shall nonetheless be considered to be an originating good if the total weight of all such materials is not more than 10% of the total weight of the good.
	3.
	A textile or apparel good at chapters 61 through 63 that is not an originating good.
	Because the fibers or yarns used in the production of the component of the good that determine the tariff classification of the good that do not undergo an applicable change and tariff classification set out in annexer, textiles and apparel product, specific rules of origin shall nonetheless be considered to be an originating good if the total weight of all such fibers or yards is not more than 10% of the total weight of that component.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	4-2.
	4.
	Notwithstanding paragraphs 2 and 3, a good at paragraph 2 containing elastomeric yarn or a good at paragraph 3 containing elastomeric yarn in the component of the good that.
	Determines the tariff classification of the good shall be considered to be an originating good.
	Only if such yarns are wholly formed in the territory of one or more of the parties.12.
	Treatment of sets.
	5.
	Notwithstanding the textile and apparel specific rules of origin set out in annexer.
	Textiles and apparel product, specific rules of origin.
	Textile and apparel goods.
	Classifiable as goods put up in sets for retail sale as provided for in Rule 3 of the general.
	Rules for the interpretation of the harmonized system shall not be regarded as originating goods unless each of the goods in the set is an originating good or the total value of the non-originating goods in the set does not exceed 10% of the value of the set.
	6.
	For the purposes of paragraph 5, the value of non-originating goods in the set is calculated in the same manner as the value of non-originating materials in chapter 3, rules of origin land origin procedures, and.
	b the value of the set is calculated in the same manner as the value of the good.
	In chapter 3, rules of origin and origin procedures.
	Treatment of short supply list.
	7.
	Each party shall provide that for purposes of determining whether a good is originating under chapter 3, article 2, c.
	A material listed in appendix 1, short supply list, to annex a textiles and apparel product, specific rules of origin, is originating provided.
	The material meets any requirement, including any end use requirement, specified in the appendix 1, short supply list, to annex a textiles and apparel product, specific rules of origin.
	8.
	Where a claim that a good is originating relies on incorporation of a material on.
	Appendix 1, short supply list, to annex a textiles and apparel product, specific rules.
	Of origin, the importing party may require in the importation documentation, such as a certification of origin, the number or description of the material on appendix 1, short supply list, to annex, a, textiles and apparel product, specific rules of origin.
	1.
	For greater certainty, a party shall not construe paragraph 4 to require a material on the short supply list.
	To be produced from elastomeric yarns wholly formed in the territory of one or more of the parties.
	2.
	For purposes of paragraph 4, holy formed means all production processes and finishing operations, beginning with the extrusion of filaments, strips, film, or sheet, and including drawing to fully orient a filament.
	Or slitting a film or sheet into strip or the spinning of all fibers into yarn, or both, and ending with a finished yarn or plied yarn.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	4-3.
	9.
	Non-originating materials marked as temporary in Appendix 1, short supply list, to annex a textiles and apparel product, specific rules of origin may be considered as originating under paragraph 7 for 5 years from entry into force of this agreement.
	Treatment for certain handmade or folkloric goods.
	10.
	An importing party may identify particular textile or apparel goods of an exporting party to be eligible for duty-free or preferential tariff treatment that the importing and exporting parties mutually agree fall within a hand-loomed fabrics of a cottage industry.
	B. Hand printed fabrics with a pattern created with a wax resistance technique.
	C. Handmade cottage industry goods made of such hand-loomed or hand-printed fabrics, or D. Traditional folklore handicraft goods.
	Provided that any requirements agreed by the importing and exporting parties for such treatment are met.
	Article 4.3, Emergency Actions.
	1.
	Subject to the provisions of this article if, as a result of the reduction or elimination of A customs duty provided for in this agreement, a textile or apparel good benefiting from preferential tariff treatment under this agreement is being imported into the territory of a party in such increased quantities,
	in absolute terms or relative to the domestic market for that good and under such conditions as to cause serious damage or actual threat thereof to a domestic industry producing a like or directly competitive good, the importing party may to the extent and for such time as may be necessary to prevent or remedy such damage and the facilitate adjustment, take emergency action in accordance with paragraph 6,
	Consisting of an increase in the rate of duty on the good of the exporting party or parties to a level not the exceed the lesser of, a the most favored nation MFN applied rate of customs duty in effect at the time the action is taken and.
	B the MFN applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this agreement for that party.
	2 Nothing in this article shall be construed to limit a party's rights and obligations under Article 19 of the GATT 1994, the WTO Agreement On Safeguards or Chapter 6 Trade Remedies 3.
	In determining serious damage or actual threat thereof, the importing party, subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions.
	4-4 shall examine the effect of increased imports from the exporting party or parties of a textile or apparel good benefiting from preferential tariff treatment under this agreement on the particular industry as reflected in changes in such relevant economic variables as output productivity, utilization of capacity inventories, market share exports wages employment,
	domestic prices, profits and investment, none of which, either alone or combined with other factors, shall necessarily be decisive and.
	b, shall not consider changes in technology or consumer preference in the importing party as factors supporting a determination of serious damage or actual threat thereof.
	4.
	The importing party may take an emergency action under this article only following its publication of procedures that identify the criteria for a finding of serious damage and only following an investigation by its competent authorities.
	Such an investigation must use data based on the factors described in 3, A, that serious damage or actual threat thereof is demonstrably caused by increased imports of the product concerned as a result of this agreement.
	5.
	The importing party shall submit to the exporting party or parties, without delay, written notice of the initiation of the investigation provided for in paragraph 4, as well as of its intent to take emergency action, and, on the request of the exporting party or parties, shall enter into consultations with that party or parties regarding the matter.
	The importing party shall provide the exporting party full details of the emergency action to be taken.
	The parties concerned shall begin consultations without delay and, unless otherwise decided, shall complete them within 60 days of receipt of the request.
	After completion of the consultations, the importing party shall notify the exporting party of any decision.
	If it decides to apply a safeguard measure, the notification shall include the details of the measure, including when it will take effect.
	6.
	The following conditions and limitations shall apply to any emergency action taken.
	Under this article, A.
	No emergency action may be maintained for a period exceeding two years with a possible extension for an additional two years.
	B.
	No emergency action against a good may be taken or maintained beyond the transition period.
	C.
	No emergency action may be taken by an importing party against any particular good of another party or parties more than once, and D. On termination of the emergency action, the importing party shall accord to the good that was subject to the emergency action the tariff treatment that would have been in effect but for the action.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	4-5.
	7.
	The party taking an emergency action under this article shall provide to the exporting party or parties against whose goods the measure is taken mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the emergency action.
	Such concessions shall be limited to textile and apparel goods, unless the parties concerned otherwise agree.
	If the parties concerned are unable to agree on compensation within 60 days or a longer period agreed by the parties concerned, the party or parties against whose good the emergency action is taken may take tariff action having trade effects substantially equivalent to the trade effects of the emergency action taken under this article.
	Such tariff action may be taken against any goods of the party taking the emergency action.
	The party taking the tariff action shall apply the tariff action only for the minimum period necessary to achieve the substantially equivalent trade effects.
	The importing party's obligation to provide trade compensation and the exporting party's right to take tariff action shall terminate when the emergency action terminates.
	8.
	A party may not take or maintain an emergency action under this article against a textile or apparel good that is subject, or becomes subject, to a transitional safeguard measure.
	Under Chapter 6, Trade Remedies, or a safeguard measure that a party takes pursuant to Article 19 of the GATT 1994, or the WTO Agreement on Safeguards.
	9. The investigations referred to in this article shall be carried out according to procedures established by each party.
	Each party shall, upon entry into force of this agreement or before it initiates an investigation, notify the other parties of these procedures.
	10. Each party shall, in any year where it takes or maintains an emergency action under this article, provide a report on such actions to the other parties.
	Article 4.4, Cooperation.
	1. Each party shall, in accordance with its laws and regulations, cooperate with other parties for the purposes of enforcing or assisting in the enforcement of their respective measures concerning customs offenses for trade in textile or apparel goods among the parties, including ensuring the accuracy of claims for preferential tariff treatment under this agreement.
	2. Each party shall take appropriate measures, which may include legislative, administrative, judicial, or other action for enforcement of its laws, regulations, and procedures related to customs offenses, and b cooperation with an importing party in the enforcement of its laws regulations and procedures related to prevention of customs offenses.
	3. For the purposes of paragraph 2, appropriate measures means measures a party takes, in accordance with its laws, regulations, and procedures, such as, subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	4-6.
	A. Providing its government officials with the legal authority to meet the obligations under this chapter.
	b enabling its law enforcement officials to identify and address customs offenses.
	C. Establishing or maintaining criminal, civil or administrative penalties that are aimed at deterring customs offenses.
	D. Undertaking appropriate enforcement action where it believes, based on a request from another party that includes relevant facts, that a customs offense has occurred or is occurring in the requested party's territory with regard to a textile or apparel good,
	including in free trade zones of the requested party, and e. Cooperating with another party, on request, to establish facts regarding customs offenses in the requested party's territory with regard to a textile or apparel good, including in free trade zones of the requested party.
	4.
	A party may request information from another party where it has relevant facts indicating a customs offense is occurring or is likely to occur, such as historical evidence.
	5.
	Any request under paragraph 4 shall be made in writing, by electronic means or any other method that acknowledges receipt, and shall include a brief statement of the matter at issue, the cooperation requested, the relevant facts indicating a customs offense, and sufficient information for the requested party to respond in accordance with its laws and regulations.
	6.
	To enhance cooperative efforts under this article between parties to prevent and address customs offenses, a party that receives a request under paragraph 4 shall subject the its laws, regulations, and procedures, including those related to confidentiality referred to in article 9.4 provide to the requesting party, upon receipt of a request in accordance with paragraph 5,
	available information on the existence of an importer, exporter, or producer, goods of an importer, exporter, or producer, or other matters related to this chapter.
	The information may include any available correspondence, reports, bills of lading, invoices, order contracts, or other information regarding enforcement of laws or regulations related to the request.
	7.
	A party may provide information requested in this article on paper or in electronic form.
	8.
	Each party shall establish or maintain contact points for cooperation under this chapter.
	Each party shall notify the other parties of its contact points upon entry into force of this agreement and shall notify the other parties promptly of any subsequent changes.
	Article 4.5, monitoring.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	4-7.
	1.
	Each party shall establish or maintain programs or practices to identify and address.
	Textiles and apparel customs offenses.
	This may include programs or practices to ensure the accuracy of claims for preferential tariff treatment for textile and apparel goods under this agreement.
	2.
	Through such programs or practices, the party may collect or share information related to textiles or apparel goods for use for risk management purposes.
	3.
	In addition to paragraphs 1 and 2, some parties have bilateral agreements that apply between those parties.
	Article 4.6, verification.
	1.
	An importing party may conduct a verification with respect to a textile or apparel good pursuant to Article 3.27.1, A, 3.27.1, B, or 3.27.1, E. Verification, and their associated procedures to verify whether a good qualifies for preferential tariff treatment or through our request for a site visit as described in this article. 3.
	2.
	An importing party may request a site visit under this article from an exporter or producer of textile or apparel goods to verify whether a textile or apparel good qualifies for preferential tariff treatment under this agreement or b customs offenses are occurring or have occurred.
	3.
	During a site visit under this article, an importing party may request access to a records and facilities relevant to the claim for preferential tariff treatment or b records and facilities relevant to the customs offense is being verified.
	4.
	Where an importing party seeks to conduct a site visit under paragraph 2, it shall notify the host party, no later than 20 days before the visit, regarding the proposed dates.
	B.
	The number of exporters and producers to be visited in appropriate detail to facilitate the provision of any assistance, but need not specify the names of the exporters or producers to be visited.
	3.
	For the purposes of this article, the information collected in accordance with this article shall be used.
	For the purpose of ensuring the effective implementation of this chapter, a party shall not use these procedures to collect information for other purposes.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	4-8.
	C. Whether assistance by the host party will be requested and what type.
	D. Were relevant, the customs offense is being verified under paragraph 2, b.
	Including relevant factual information available at the time of the notification.
	Related to the specific offenses, which may include historical information, and E. Whether the importer claimed preferential tariff treatment.
	5.
	Upon receipt of information on a proposed visit under paragraph 2, the host party may.
	Request information from the importing party to facilitate planning of the visit, such as logistical arrangements or provision of requested assistance.
	6.
	Where an importing party seeks to conduct a site visit under paragraph 2, it shall provide the host party, as soon as practicable and prior to the date of the first visit to an exporter or producer under this article, with a list of the names and addresses of the exporters or producers it proposes to visit.
	7.
	Where an importing party seeks to conduct a site visit under paragraph 2, a officials of the host party may accompany the importing party during the site visit.
	B officials of the host party may, in accordance with its laws and regulations, on request of the importing party or on its own initiative, assist the importing party during the site visit and provide, to the extent available, information relevant to conduct the site visit.
	C the importing and host parties shall limit communication regarding the site visit the relevant government officials and shall not inform the exporter or producer outside the government of the host party in advance of a visit or provide any other verification or enforcement information not publicly available whose disclosure could undermine the effectiveness of the action.
	D the importing party shall request permission from the exporter or producer for for access to the relevant records or facilities no later than the time of the Visit.
	Unless advance notice would undermine the effectiveness of the site visit, the importing party shall request permission with appropriate advance notice.
	E. Where the exporter or producer of textile or apparel goods denies such permission or access, the visit will not occur.
	The importing party shall give for the importing party shall request permission from a person who has the capacity to consent to the visit at the facilities to be visited.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	4-9.
	Consideration to any reasonable alternative dates proposed, taking into account the availability of relevant employees or facilities of the person visited.
	8.
	Upon completion of a site visit under paragraph 2, the importing party shall upon request of the host party, inform the host party of its preliminary findings.
	b upon receiving a written request from the host party, provide to the host party, no later than 90 days from the date of the request, a written report of the results of the visit, including any findings.
	If the report is not in English, the importing party shall provide a translation of it in English upon request of the host party.
	C. On written request of the exporter or producer, provide that person, no later than 90 days of the date of the request, with a written report of the results of the visit as it pertains to that exporter or producer, including any findings.
	This may be a report prepared under sub paragraph, B, with appropriate changes.
	The importing party shall inform the exporter or producer of the entitlement to request this report.
	If the report is not in English, the importing party shall provide a translation of it in English upon request of that exporter or producer.
	9.
	Where an importing party conducts a site visit under paragraph 2 and as a result intends to deny preferential tariff treatment to a good, it shall, before denying preferential tariff treatment, provide to the importer and any exporter or producer that provided information directly to the importing party 30 days to submit additional information to support the claim.
	In cases where advance notice was not given under paragraph 7, D. Such importer, exporter, or producer may request an additional 30 days.
	10.
	The importing party shall not reject a claim for preferential tariff treatment on the sole grounds that the host party does not provide the requested assistance or information under this article.
	12.
	While a verification is being conducted under Article 6, the importing party may take appropriate measures under procedures established in its laws and regulations, including suspending or denying the application of preferential tariff treatment to textile or apparel goods of the exporter or producer subject to a verification.
	13.
	Where verifications of identical goods by a party indicate a pattern of conduct by an exporter or producer of false or unsupported representations that a good imported into its territory qualifies for preferential tariff treatment,
	the party may withhold preferential tariff treatment for identical textile or apparel goods imported, exported or produced by such a person until it is demonstrated that the importing party that the identical goods qualify for preferential tariff treatment.
	For the purpose of this paragraph, identical goods means goods that are the same in all respects relevant to the particular rule of origin that qualifies the goods as originating.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	4-10.
	Article 4.7, Determinations.
	The importing party may deny a claim for preferential tariff treatment for a textile or apparel good.
	A, for a reason listed in Article 3.28.2, Determination on Claims for Preferential Tariff Treatment.
	B if, pursuant to a verification under this chapter, it has not received sufficient information to determine that the good qualifies as originating, or.
	C if, pursuant to a verification under this chapter, access or permission for the visit is denied, the importing party is prevented from completing the visit on the proposed date and the exporter or producer does not provide an alternative date acceptable to the importing party, or the exporter or producer does not provide access to the relevant records or facilities during a visit.
	Article 4.8 committee on textile and apparel trade matters 1.
	The parties hereby establish a committee on textile and apparel trade matters comprised of representatives of each party 2.
	The committee on textile and apparel trade matters will meet at least once within one year of entry into force of the agreement and thereafter at such times as the parties decide and on request of the commission.
	The committee shall meet at such venues and times as may be decided by the parties.
	Meetings may be conducted in person or by any other means as decided by the parties 3.
	The committee may consider any matter arising under this chapter, and its functions, will include review of the implementation of this chapter, consultation on technical or interpretive difficulties that may arise under this chapter, and discussion of ways to improve the effectiveness of cooperation under this chapter.
	4.
	In addition to discussions under the committee, a party may request discussions with any other party or parties regarding matters under this chapter concerning those parties, with a view to resolution of the issue, where it believes difficulties are occurring with respect to implementation of this chapter.
	5.
	Unless the parties amongst whom a discussion is requested agree otherwise, they shall hold the consultations pursuant to paragraph 4 within 30 days of receipt of a written request by a party and endeavor to conclude within 90 days of receipt of the written request.
	6.
	Discussions under this article shall be confidential and without prejudice to the rights of any party in any further proceeding.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	4-11.
	Article 4.9, Confidentiality.
	1. Each party shall maintain the confidentiality of the information collected in accordance with this chapter and shall protect that information from disclosure that could prejudice the competitive position of the persons providing the information.
	2.
	Where a party providing information to another party in accordance with this chapter designates the information as confidential, the other party shall keep the information confidential.
	3. The party providing the information may require the other party to furnish written assurance that the information will be held in confidence, will be used only for the purposes specified in the other party's request for information, and will not be disclosed without the specific permission of the party that provided the information or the person that provided the information to that party.
	4. A party may decline to provide information requested by another party where that party has failed to act in conformity with paragraphs 1 through 3.
	5.
	Each party shall adopt or maintain procedures for protecting from unauthorized disclosure confidential information submitted in accordance with the administration of the party's customs or other laws related to this chapter, or collected in accordance with this chapter, including information the disclosure of which could prejudice the competitive position of the person providing the information.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	5-1.
	Chapter 5.
	Customs Administration and Trade Facilitation.
	Article 5.1, Customs Procedures and Facilitation of Trade.
	Each party shall ensure that its customs procedures are applied in a manner that is predictable, consistent and transparent.
	Article 5.2, Customs Cooperation.
	1. With a view to facilitating the effective operation of this agreement, each party shall encourage cooperation with other parties regarding significant customs issues that affect goods traded between the parties,
	and b endeavor to provide each party with advance notice of any significant administrative change, modification of a law or regulation, or similar measure related to its laws or regulations that governs importations or exportations, that is likely to substantially affect the operation of this agreement.
	2. Each party shall, in accordance with its law, cooperate with the other parties through information sharing and other activities as appropriate to achieve compliance with their respective laws and regulations that pertain to the implementation and operation of the provisions of this agreement.
	Governing importations or exportations, including claims for preferential tariff treatment, procedures for making claims for preferential tariff treatment and verification procedures.
	B.
	The implementation, application and operation of the customs valuation agreement.
	C. Restrictions or prohibitions on imports or exports.
	D. Investigation and prevention of customs offenses, including duty evasion and smuggling, and E. Other customs matters as the parties may decide.
	3.
	If a party has a reasonable suspicion of unlawful activity related to its laws or regulations governing importations, it may request that another party provide specific confidential information that is normally collected in connection with the importation of.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	5-2.
	Goods.
	4. If a party makes a request under paragraph 3, it shall.
	A. Be in writing.
	b.
	Specify the purpose for which the information is sought and c.
	Identify the requested information with sufficient specificity for the other party to locate and provide the information.
	5.
	The party from which the information is requested under paragraph 3 shall subject the its law and any relevant international agreements to which it is a party, provide a written response containing the requested information.
	6.
	For the purposes of paragraph 3, a reasonable suspicion of unlawful activity means a suspicion based on relevant factual information obtained from public or private sources.
	Comprising one or more of the following.
	A historical evidence of non-compliance with laws or regulations that govern importations by an importer or exporter.
	b historical evidence of non-compliance with laws or regulations that govern importations by a manufacturer, producer or other person involved in the movement of goods from the territory of one party to the territory of another party.
	C. Historical evidence of non-compliance with laws or regulations that govern importations by some or all of the persons involved in the movement of goods within a specific product sector from the territory of one party to the territory of another party or D. Other information that the requesting party and the party from which the information is requested agree is sufficient in the context of a particular request.
	7.
	Each party shall endeavor to provide another party with any other information that would assist that party to determine whether imports from or exports to that party are in compliance with the receiving party's laws or regulations that govern importations, in particular those related to unlawful activities, including smuggling and similar infractions 8.
	In order to facilitate trade between the parties, a party receiving a request shall endeavor to provide the party that made the request with technical advice and assistance for the purpose of developing and implementing improved best practices and risk management techniques.
	Subject to legal review in English, Spanish and French for accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions 5-3, b.
	Facilitating the implementation of international supply chain standards c.
	Simplifying and enhancing procedures for clearing goods through customs in a timely and efficient manner d.
	Developing the technical skill of customs personnel and e.
	Enhancing the use of technologies that can lead to improved compliance with the requesting party's laws or regulations that govern importations.
	Nine, the parties shall endeavor to establish or maintain channels of communication for customs cooperation, including by establishing contact points, in order to facilitate the rapid and secure exchange of information and improve coordination on importation issues.
	Article 5.3, advance rulings, 1.
	Each party shall issue, prior to the importation of a good of a party into its territory.
	A written advance ruling at the written request of an importer in its territory or an exporter or producer in the territory of another party.
	One with regard to two, a tariff classification.
	B the application of customs valuation criteria for a particular case in accordance With the customs valuation agreement.
	C. Whether a good is originating in accordance with Chapter 3, Rules of Origin and Origin Procedures, and D. Such other matters as the parties may decide.
	2. Each party shall issue an advance ruling as expeditiously as possible and in no case.
	Later than 150 days after it receives a request, provided that the requester has submitted all the information that the receiving party requires to make the advance ruling.
	This includes a sample of the good for which the requester is seeking an advance ruling if requested by the receiving party.
	In issuing an advance ruling, the party shall take into account the facts and circumstances that the requester has provided.
	For greater certainty, a party may decline to issue an advance ruling if the facts and circumstances forming the basis of the advance ruling are the subject of administrative or judicial review.
	A party that declines to issue an advance ruling shall promptly notify the requester in writing, setting out the relevant facts and circumstances and the basis for its decision to decline to issue the advance ruling.
	1. For greater certainty, an importer, exporter or producer may submit a request for an advance ruling through our duly authorized representative.
	2.
	For greater certainty, a party is not required to provide an advance ruling when it does not maintain measures of the type subject to the ruling request.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	5-4.
	3.
	Each party shall provide that its advance ruling shall take effect on the date that they are issued or on another date specified in the ruling, and remain in effect for at least three years, provided that the law, facts and circumstances on which the ruling is based remain unchanged.
	If a party's law provides that an advance ruling becomes ineffective after a fixed period of time, that party shall endeavor to provide procedures that allow the requester to renew the ruling expeditiously before it becomes ineffective in situations in which the law, facts and circumstances on which the ruling was based remain unchanged.
	4.
	After issuing an advance ruling, the party may modify or revoke the advance ruling if there is a change in the law, facts or circumstances on which the ruling was based if the ruling was based on inaccurate or false information, or if the ruling was in error.
	5.
	A party may apply a modification or revocation in accordance with paragraph 4 after.
	It provides notice of the modification or revocation and the reasons for it.
	6.
	No party shall apply a revocation or modification retroactively to the detriment of the requester unless the ruling was based on inaccurate or false information provided by the requester.
	7.
	Each party shall ensure that requesters have access to administrative review of advance rulings.
	8.
	Subject to any confidentiality requirements in its law, each party shall endeavor to make its advance rulings publicly available including online.
	Article 5.4, response to requests for advice or information.
	On request from an importer in its territory, or an exporter or producer in the territory of another party, a party shall expeditiously provide advice or information relevant to the facts contained in the request on the requirements for qualifying for quotas, such as tariff rate quotas.
	b the application of duty drawback, deferral or other types of relief that reduce, refund or waive customs duties.
	C.
	The eligibility requirements for goods under Article 2.6, goods re-entered.
	After repair and alteration.
	D. Country of origin marking if it is a prerequisite for importation, and E. Other matters as the parties may decide.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	5-5.
	Article 5.5, Review and Appeal.
	1.
	Each party shall ensure that any person to whom it issues a determination 3 on a customs matter has accessed her administrative review of the determination independent 4 of the employee or office that issued the determination and b judicial review of the determination.
	5.
	2.
	Each party shall ensure that an authority that conducts a review under paragraph 1. Notifies the parties to the matter in writing of its decision, and the reasons for the decision.
	A party may require a request as a condition for providing the reasons for a decision in the review.
	Article 5.6, Automation.
	1. Each party shall endeavor to use international standards with respect to procedures for the release of goods.
	B. Make electronic systems accessible to customs users.
	C. Employ electronic or automated systems for risk analysis and targeting.
	D. Endeavor to implement common standards and elements for import and export data in accordance with the World Customs Organization, CO data model.
	E. Take into account, as appropriate co-standards, recommendations, models, and methods developed through the CO or APEC, and F. Work toward developing a set of common data elements that are drawn from the Co-Data Model and related co-recommendations as well as guidelines to facilitate government-to-government electronic sharing of data.
	For purposes of analyzing trade flows.
	2.
	Each party shall endeavor to provide a facility that allows importers and exporters to electronically complete standardized import and export requirements at a single entry point.
	3.
	For the purposes of this article, a determination, if made by Peru, means an administrative act.
	4.
	The level of administrative review may include any authority supervising the customs administration.
	5.
	Brunei dare Russell AIM may comply with this paragraph by establishing or maintaining an independent body to provide impartial review of the determination.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	5-6.
	Article 5.7, Express Shipments.
	1.
	Each party shall adopt or maintain expedited customs procedures for express shipments while maintaining appropriate customs control and selection.
	These procedures shall provide for information necessary to release an express shipment to be submitted and processed before the shipment arrives.
	B. Allow a single submission of information covering all goods contained in an express shipment, such as a manifest, through, if possible, electronic means.
	6.
	C.
	To the extent possible, provide for the release of certain goods with a minimum of documentation.
	D. Under normal circumstances, provide for express shipments to be released within six hours after submission of the necessary customs documents, provided the shipment has arrived.
	E. Apply to shipments of any weight or value recognizing that a party may require formal entry procedures as a condition for release, including declaration and supporting documentation and payment of customs duties, based on the good S. Weight or value and F.
	Provide that, under normal circumstances, no customs duties will be assessed on expressed shipments valued at or below a fixed amount set under the parties law.
	7.
	Each party shall review the amount periodically taking into account factors that it may consider relevant such as rates of inflation, effect on trade, facilitation, impact on risk management, administrative cost of collecting duties compared to the amount of duties, cost of cross-border trade, transactions, impact on SMEs or other factors related to the collection of customs duties.
	2.
	If a party does not provide the treatment in paragraph 1, a, through, f, to all shipments, that party shall provide a separate date and expedited customs procedure that provides the treatment for express shipments.
	6.
	For greater certainty, additional documents may be required as a condition for release.
	7.
	Notwithstanding this article, a party may assess customs duties, or may require formal entry documents, for restricted or controlled goods such as goods subject to import licensing or similar requirements.
	8.
	For greater certainty, separate does not mean a specific facility ordain.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	5-7.
	Article 5.8, Penalties.
	1.
	Each party shall adopt or maintain measures that allow for the imposition of a penalty by a party's customs administration for a breach of its customs laws, regulations or procedural requirements, including those governing tariff classification, customs valuation, country of origin and claims for preferential treatment under this agreement.
	2.
	Each party shall ensure that a penalty imposed by its customs administration for a breach of a customs law, regulation or procedural requirement is imposed only on the person legally responsible for the breach.
	3.
	Each party shall ensure that the penalty imposed by its customs administration is dependent on the facts and circumstances 9 of the case and is commensurate with the degree and severity of the breach.
	4.
	Each party shall ensure that it maintains measures to avoid conflicts of interest in the assessment and collection of penalties and duties.
	No portion of the remuneration of a government official shall be calculated as a fixed portion or percentage of any penalties or duties assessed or collected.
	5.
	Each party shall ensure that if a penalty is imposed by its customs administration for a breach of a customs law, regulation or procedural requirement, an explanation in writing is provided to the person upon whom the penalty is imposed specifying the nature of the breach and the law, regulation or procedure used for determining the penalty amount.
	6.
	If a person voluntarily discloses to a party's customs administration the circumstances of a breach of a customs law, regulation or procedural requirement prior to the discovery of the breach by the customs administration, the party's customs administration shall, if appropriate, consider this fact as a potential mitigating factor when a penalty is established for that person.
	7.
	Each party shall provide in its laws, regulations or procedures, or otherwise give effect a, a fixed and finite period within which its customs administration may initiate proceedings.
	Tend to impose a penalty relating to a breach of a customs law, regulation or procedural requirement.
	8.
	Notwithstanding paragraph 7, a customs administration may impose, outside of a fixed and finite period, a penalty where this is in lieu of judicial or administrative tribunal.
	Proceedings.
	Article 5.9, Risk Management.
	9 Facts and Circumstances shall be established objectively according to each party's law.
	10.
	For greater certainty, proceedings means administrative measures by the customs administration and does not include judicial proceedings.
	Subject to legal review in English, Spanish and French.
	For accuracy, clarity and consistency.
	Subject to authentication of English, Spanish and French versions.
	5-8.
	1. Each party shall adopt or maintain a risk management system for assessment and targeting that enables its customs administration to focus its inspection activities on high-risk goods and that simplifies the clearance and movement of low-risk goods.
	2. In order to facilitate trade, each party shall periodically review and update, as appropriate, the risk management system specified in paragraph 1.
	Article 5.10, Release of Goods.
	1. Each party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade between the parties.
	This paragraph shall not require a party to release a good if its requirements for release have not been met.
	2. Pursuant to paragraph 1, each party shall adopt or maintain procedures that provide for the release of goods within a period no longer than that required to ensure compliance with its customs laws and, to the extent possible, within 48 hours of the arrival of the goods.
	B. Provide for the electronic submission and processing of customs information in advance of the arrival of the goods in order to expedite the release of goods from customs control upon arrival.
	C. Allow goods to be released at the point of arrival without temporary transfer to warehouses or other facilities, and D. Allow an importer to obtain the release of goods prior to the final determination of customs duties, taxes and fees by the importing parties.
	Customs administration when these are not determined prior to or promptly upon arrival, provided that the good is otherwise eligible for release and any security required by the importing party has been provided or payment under protest, if required by a party, has been made.
	Payment under protest refers to payment of duties, taxes and fees if the amount is in dispute and procedures are available to resolve the dispute.
	3. If a party allows for the release of goods conditioned on a security, it shall adopt or maintain procedures that ensure that the amount of the security is no greater than that required to ensure that obligations arising from the importation of the goods will be fulfilled.
	B. Ensure that the security shall be discharged as soon as possible after its customs administration is satisfied that the obligations arising from the importation of the goods have been fulfilled and c.
	Allow importers to provide security using non-cash financial instruments and subject to legal review in English, Spanish and French for accuracy, clarity and consistency, subject to authentication of English, Spanish and French versions.
	5-9, including in appropriate cases where an importer frequently enters goods instruments covering multiple entries.
	Article 5.11 publication, 1.
	Each party shall make publicly available, including online, its customs laws, regulations and general administrative procedures and guidelines, to the extent possible in the English language 2.
	Each party shall designate or maintain one or more inquiry points to address inquiries from interested persons concerning customs matters and shall make information concerning the procedures for making such inquiries publicly available online 3.
	To the extent possible, each party shall publish in advance regulations of general application governing customs matters that it proposes to adopt and shall provide interested persons the opportunity to comment before the party adopts the regulation.
	Article 5.12 confidentiality, 1.
	If a party provides information to another party in accordance with this chapter and designates the information as confidential, the other party shall keep the information confidential.
	The party that provides the information may require the other party to furnish written assurance that the information will be held in confidence, used only for the purposes specified in the other party's request for information and not disclosed without the specific permission of the party that provided the information or the person that provided the information to that party.
	2. A party may decline to provide information requested by another party if that party has failed to act in accordance with paragraph 1.
	3. Each party shall adopt or maintain procedures for protecting from unauthorized disclosure confidential information submitted in accordance with the administration of the party's customs laws,

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