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Consolidated TPP Text – Annex 3-D – Product – Specific Rules of Origin

Section A: General Interpretative Notes

1. For the purposes of interpreting the product-specific rules of origin set forth in this Annex, the following definitions shall apply:

section means a section of the Harmonized System;

chapter means a chapter of the Harmonized System;

headingmeans the first four digits of the tariff classification number of the Harmonized System; and

subheading means the first six digits of the tariff classification number of the Harmonized System.

2. Under this Annex, a good is an originating good if it is produced entirely in the territory of one or more of the Parties by one or more producers using non-originating materials, and:

• (a) each of the non-originating materials used in the production of the good satisfies any applicable change in tariff classification requirement, production process requirement, regional value content requirement, or any other requirement specified in this Annex; and
• (b) the good satisfies all other applicable requirements of Chapter 3 (Rules of Origin and Origin Procedures).

3. For the purposes of interpreting the product-specific rules of origin set forth in this Annex:

• (a) the specific rule, or specific set of rules, that applies to a particular heading, subheading or group of headings or subheadings is set out immediately adjacent to the heading, subheading or group of headings or subheadings;
• (b) section, chapter or heading notes, where applicable, are found at the beginning of each section or chapter, and are read in conjunction with the product-specific rules of origin and may impose further conditions on, or provide an alternative to the product-specific rules of origin;
• (c) the requirement of a change in tariff classification applies only to non-originating materials;
• (d) if a product-specific rule of origin excludes certain materials of the Harmonized System, it shall be construed to mean that the product-specific rule of origin requires that the excluded materials be originating for the good to be originating;
• (e) if a good is subject to alternative product-specific rules of origin, the good shall be originating if it satisfies one of the alternatives;
• (f) if a good is subject to a product-specific rule of origin that includes multiple requirements, the good shall be originating only if it satisfies all of the requirements; and
• (g) if a single product-specific rule of origin applies to a group of headings or subheadings and that rule of origin specifies a change of heading or subheading, it shall be understood that the change in heading or subheading may occur from any other heading or subheading, as the case may be, including from any other heading or subheading within the group.

4. The product-specific rules of origin for textile or apparel goods as defined in Chapter 4 (Textile and Apparel Goods) are contained in Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin).

5. For goods of chapters 84 and 87 marked with a symbol ( † ), an optional methodology for satisfying the regional value content requirement of the product-specific rule of origin applies. This methodology is contained in Appendix 1 (Provisions Related to the Product-Specific Rules of Origin for Certain Vehicles and Parts of Vehicles) to this Annex.

Section B: Product-Specific Rules of Origin

Section I
Live animals; animal products

Chapter 1
Live animals

Chapter 2
Meat and edible meat offal

Chapter 3
Fish and crustaceans, molluscs and other aquatic invertebrates

Chapter Note:

A fish, crustacean, mollusc or other aquatic invertebrate obtained in the territory of a Party is originating even if obtained from eggs, larvae, fry, fingerlings, parr, smolts or other immature fish at a post-larval stage that are imported from a non-Party.

Chapter 4
Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included

Chapter 5
Products of animal origin, not elsewhere specified or included

Section II
Vegetable products

Section Note:

An agricultural or horticultural good grown in the territory of a Party is originating even if grown from seed, bulbs, rhizomes, rootstock, cuttings, slips, grafts, shoots, buds or other live parts of plants that are imported from a non- Party.

Chapter 6
Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage

Chapter 7
Edible vegetables and certain roots and tubers

Chapter 8
Edible fruit and nuts; peel of citrus fruit or melons

Chapter 9
Coffee, tea, maté and spices

Chapter 10
Cereals

Chapter 11
Products of the milling industry; malt; starches; inulin; wheat gluten

Chapter 12
Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder

Chapter 13
Lac; gums, resins and other vegetable saps and extracts

Chapter 14
Vegetable plaiting materials; vegetable products not elsewhere specified or included

Section III
Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes

Chapter 15
Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes

Section IV
Prepared foodstuffs; beverages, spirits and vinegar; tobacco and manufactured tobacco substitutes

Chapter 16
Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates

Chapter 17
Sugars and sugar confectionery

Chapter 18
Cocoa and cocoa preparations

Heading Note 1: Cacao content

For the purposes of heading 18.06, “cacao content” consists of ingredients that come from the cocoa bean, that is the total chocolate liquor or cocoa powder (cocoa solids) and cocoa butter. The per cent cacao content means the total percentage of such ingredients by weight of the good.

Heading Note 2: Confectionery

For the purposes of heading 18.06, “confectionery” is a good which is put up for retail sale and principally intended to be eaten without any further preparation.

Chapter 19
Preparations of cereals, flour, starch or milk; pastrycooks' products

Chapter 20
Preparations of vegetables, fruit, nuts or other parts of plants

Chapter 21
Miscellaneous edible preparations

Chapter 22
Beverages, spirits and vinegar

Heading Note:

For the purposes of heading 22.08, “alcoholic volume” and “alcoholic strength” shall be interpreted by reference to the following: the “alcoholic strength by volume” of a mixture of water and pure ethyl alcohol is the ratio of the volume of pure alcohol in the mixture, measured at 20°C, to the total volume of the mixture measured at the same temperature.

Chapter 23
Residues and waste from the food industries; prepared animal fodder

Chapter 24
Tobacco and manufactured tobacco substitutes

Section V
Mineral products

Chapter 25
Salt; sulphur; earths and stone; plastering materials, lime and cement

Chapter 26
Ores, slag and ash

Chapter 27
Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes

Chapter Note 1: Chemical Reaction Rule

Notwithstanding the applicable product-specific rules of origin, a good of chapter 27 that is the product of a chemical reaction is an originating good if the chemical reaction occurred in the territory of one or more of the Parties.

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

The following are not chemical reactions:

(a) dissolving in water or other solvents;
(b) the elimination of solvents, including solvent water; or
(c) the addition or elimination of water of crystallisation.

Heading Note 1: Distillation Rule

Notwithstanding the applicable product-specific rules of origin, a good of heading 27.10 that undergoes atmospheric or vacuum distillation in the territory of one or more of the Parties is an originating good.

For the purposes of this rule:

(a) Atmospheric distillation means a separation process in which petroleum oils are converted, in a distillation tower, into fractions according to boiling point and the vapour then condensed into different liquefied fractions. Goods produced from petroleum distillation may include liquefied petroleum gas, naphtha, gasoline, kerosene, diesel/heating oil, light gas oils and lubricating oil; and 
(b) Vacuum distillation means distillation at a pressure below atmospheric but not so low that it would be classed as molecular distillation. Vacuum distillation is used for distilling high-boiling and heat-sensitive materials such as heavy distillates in petroleum oils to produce light to heavy vacuum gas oils and residuum. In some refineries, gas oils may be further processed into lubricating oils.

Heading Note 2: Direct Blending Rule

Notwithstanding the applicable product-specific rules of origin, a good of heading 27.10 that undergoes “direct blending” in the territory of one or more of the Parties is an originating good. For the purposes of this rule, “direct blending” means a process whereby various petroleum streams from processing units or petroleum components from holding or storage tanks are combined to create a finished product with pre-determined parameters, provided that the non- originating material of heading 27.10 constitutes no more than 25 per cent by volume of the good and no component of that non-originating material is classified under heading 22.07.

Heading Note 3: Diluent Rule

For the purposes of determining whether or not a good of heading 27.09 is an originating good, the origin of diluent of heading 27.09 or 27.10 that is used to facilitate the transportation between Parties of crude petroleum oils and crude oils obtained from bituminous minerals of heading 27.09 is disregarded, provided that the diluent constitutes no more than 40 per cent by volume of the good.

Section VI
Products of the chemical or allied industries

Section Note 1: Chemical Reaction Rule

Notwithstanding the applicable product-specific rules of origin, a good of chapter 28 through 38 that is the product of a chemical reaction is an originating good if the chemical reaction occurred in the territory of one or more of the Parties.

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

The following are not chemical reactions:

(a) dissolving in water or other solvents;
(b) the elimination of solvents, including solvent water; or
(c) the addition or elimination of water of crystallisation.

Section Note 2: Purification Rule

Notwithstanding the applicable product-specific rules of origin, a good of chapter 28 through 35 or chapter 38, that is subject to purification is an originating good if that purification occurs in the territory of one or more of the Parties and results in the elimination of not less than 80 per cent of the content of existing impurities.

Section Note 3: Mixing and Blending Rule

Notwithstanding the applicable product-specific rules of origin, a good of chapter 30 or 31, heading 33.02 or 37.07, is an originating good if, in the territory of one or more of the Parties, the deliberate and proportionally controlled mixing or blending (including dispersing) of materials to conform to predetermined specifications results in the production of a good having physical or chemical characteristics that are relevant to the purposes or uses of the good and are different from the input materials.

Section Note 4: Change in Particle Size Rule

Notwithstanding the applicable product-specific rules of origin, a good of chapter 30 or 31, subheading 3204.17 or heading 33.04 is an originating good if, in the territory of one or more of the Parties, the deliberate and controlled modification in particle size of a good occurs, including micronizing by dissolving a polymer and subsequent precipitation, other than by merely crushing or pressing, resulting in a good with a defined particle size, defined particle size distribution or defined surface area, that is relevant to the purposes of the resulting good and with different physical or chemical characteristics from the input materials.

Section Note 5: Standards Materials Rule

Notwithstanding the applicable product-specific rules of origin, a standards material of chapter 28 through 38, except for a good of heading 35.01 through 35.05 or subheading 3824.60, is an originating good if the production of such good occurs in the territory of one or more of the Parties.

For the purposes of this rule, a “standards material” (including a standard solution) is a preparation suitable for analytical, calibrating or referencing uses with precise degrees of purity or proportions certified by the manufacturer.

Section Note 6: Isomer Separation Rule

Notwithstanding the applicable product-specific rules of origin, a good of chapter 28 through 38 is an originating good if the isolation or separation of isomers from mixtures of isomers occurs in the territory of one or more of the Parties.

Chapter 28
Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes

Chapter 29
Organic chemicals

Chapter 30
Pharmaceutical products

Chapter 31
Fertilisers

Chapter 32
Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks

Chapter 33
Essential oils and resinoids; perfumery, cosmetic or toilet preparations

Chapter 34
Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, “dental waxes” and dental preparations with a basis of plaster

Chapter 35
Albuminoidal substances; modified starches; glues; enzymes

Chapter 36
Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations

Chapter 37
Photographic or cinematographic goods

Chapter 38
Miscellaneous chemical products

Section VII
Plastics and articles thereof; rubber and articles hereof

Chapter 39
Plastics and articles thereof

Chapter Note:

Notwithstanding the applicable product-specific rules of origin, a good of heading 39.01 through 39.14, except for a good of subheading 3903.11 or 3907.60, that is the product of a chemical reaction is an originating good if the chemical reaction occurs in the territory of one or more of the Parties.

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

The following are not chemical reactions:

(a) dissolving in water or other solvents;
(b) the elimination of solvents, including solvent water; or
(c) the addition or elimination of water of crystallisation. This definition comprises all types of polymerization reactions.

Chapter 40
Rubber and articles thereof

Section VIII
Raw hides and skins, leather, furskins and articles thereof; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk-worm gut)

Chapter 41
Raw hides and skins (other than furskins) and leather

Chapter 42
Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk-worm gut)

Chapter Note:

The product-specific rules of origin for goods of subheading 4202.12, 4202.22, 4202.32 and 4202.92 are contained in Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin).

Chapter 43
Furskins and artificial fur; manufactures thereof

Section IX
Wood and articles of wood; wood charcoal; cork and articles of cork; manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork

Chapter 44
Wood and articles of wood; wood charcoal

Chapter 45
Cork and articles of cork

Chapter 46
Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork

Section X
Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard;paper and paperboard and articles thereof

Chapter 47
Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard

Chapter 48
Paper and paperboard; articles of paper pulp, of paper or of paperboard

Chapter 49
Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans

Section XI
Textiles and textile articles

Section Note:

The product-specific rules of origin for goods of Section XI are contained in Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin).

Section XII
Footwear, headgear, umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops and parts thereof; prepared feathers and articles made therewith; artificial flowers; articles of human hair

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

Chapter 65
Headgear and parts thereof

Chapter 66
Umbrellas, sun umbrellas, walking-sticks, seat- sticks, whips, riding-crops and parts thereof

Chapter Note:

The product-specific rules of origin for goods of heading 66.01 are contained in

Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin).

Chapter 67
Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair

Section XIII
Articles of stone, plaster, cement, asbestos, mica or similar materials; ceramic products; glass and glassware

Chapter 68
Articles of stone, plaster, cement, asbestos, mica or similar materials

Chapter 69
Ceramic products

Chapter 70
Glass and glassware

Chapter Note:

The product-specific rules of origin for goods of heading 70.19 are contained in

Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin).

Section XIV
Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin

Chapter 71
Natural or cultured pearls, precious or semi- precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin

Section XV
Base metals and articles of base metal

Chapter 72
Iron and steel

Chapter 73
Articles of iron or steel

Chapter 74
Copper and articles thereof

Chapter 75
Nickel and articles thereof

Chapter 76
Aluminium and articles thereof

Chapter 78
Lead and articles thereof

Chapter 79
Zinc and articles thereof

Chapter 80
Tin and articles thereof

Chapter 81
Other base metals; cermets; articles thereof

Chapter 82
Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal

Chapter Note:

Handles of base metal used in the production of a good of heading 82.01 through 82.10 shall be disregarded in determining whether the good is originating.

Chapter 83
Miscellaneous articles of base metal

Section XVI
Machinery and mechanical appliances; electrical equipment; parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles

Chapter 84
Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof

Chapter 85
Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles

Section XVII
Vehicles, aircraft, vessels and associated transport equipment

Chapter 86
Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds

Chapter 87
Vehicles other than railway or tramway rolling- stock, and parts and accessories thereof

Chapter 88
Aircraft, spacecraft, and parts thereof

Chapter 89
Ships, boats and floating structures

Section XVIII
Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; clocks and watches; musical instruments; parts and accessories thereof

Chapter 90
Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof

Chapter 91
Clocks and watches and parts thereof

Chapter 92
Musical instruments; parts and accessories of such articles

Section XIX
Arms and ammunition; parts and accessories thereof

Chapter 93
Arms and ammunition; parts and accessories thereof

Section XX
Miscellaneous manufactured articles

Chapter 94
Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings

Chapter Note:

The product-specific rules of origin for goods of subheading 9404.90 are contained in Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin).

Chapter 95
Toys, games and sports requisites; parts and accessories thereof

Chapter 96
Miscellaneous manufactured articles

Chapter Note:

The product-specific rules of origin for goods of heading 96.19 of textile material are contained in Annex 4-A (Textiles and Apparel Product-Specific Rules of Origin).

Section XXI
Works of art, collectors’ pieces and antiques

Chapter 97
Works of art, collectors' pieces and antiques