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T-MEC rules of origin, how do you rate a good?

Regarding the rules of origin of the Treaty between Mexico, the United States and Canada (T-MEC), the Customs and Border Protection Office (CBP, for its acronym in English) clarified how a good qualifies as originating in the American region of North.

The rules of origin refer to the criteria agreed in a treaty to define when a good is considered originating (due to its regional content level) in order to enjoy tariff preferences.

Section 202 of the T-MEC Implementation Act specifies the rules of origin used to determine whether a good qualifies as an originating good under the Agreement.

HTSUS GN 11 includes general and specific rules of origin, definitions and other related provisions.

Rules of origin

In general, according to the T-MEC, a good originates based on the following five criteria of rules of origin and the good meets all other applicable requirements:

Criterion A

The good is obtained or produced in its entirety in the territory of one or more of the USMCA countries, as defined in Article 4.3 of the Agreement.

Criterion B

The good is produced entirely in the territory of one or more of the USMCA countries using non-originating materials, provided that the good meets all the applicable requirements of the product-specific rules of origin.

Criterion C

The good is produced entirely in the territory of one or more of the USMCA countries exclusively from originating materials.

Criterion D

The good is produced entirely in the territory of one or more of the USMCA countries. Classified with its materials, or meets the “unassembled goods” requirement, and meets a regional value content threshold of not less than 60% if the transaction value method is used, or not less than 50% if the net cost method is used (not including RVC for cars); except for the assets in Chapter 61-63 of the HTSUS.

Criterion E

the goods provided for in the tariff provisions established in Chapter 2 – Table 2.10.1, Table 2.10.2 and Table 2.10.3.

 

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