General Provisions Concerning certain Agricultural Goods

1. Agricultural goods falling within Chapters 6, 7, 8, 9, 10 and 12 and heading 2401 which are grown or harvested in a Party shall be treated as originating in that Party, even if grown from seeds, bulbs, rootstock, cuttings, grafts, shoots, buds, or other live parts of plants imported from a non-Party.

2. Limitations in weight

a) Whenever the rules for products in Chapters 1 to 24 incorporate some limitations in weight, it should be noted that in accordance with paragraph 2 of Article 5, those limitations in weight only apply to non-originating materials. Consequently, originating materials are not to be taken into account for the calculation of the limitations in weight. In addition, those limitations are expressed in points b, c and d of this paragraph.

b) When the rule uses the expression “the weight of the materials of Chapters/headings”, the weight of each material mentioned shall be added up and the total weight shall not exceed the maximum percentage.

Example: The rule for Chapter 19 provides that the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20% of the weight of the final product. In case the weight of the final product contains 12% of materials of Chapter 3 and 10% of materials of Chapter 16, the product does not meet the origin conferring rule of Chapter 19 as the combined weight exceeds 20% of the weight of the final product.

c) When the rule uses the expression “the individual weight of the materials of Chapters/headings” the weight of each material mentioned shall not exceed the maximum percentage. The combined weight of the materials added together has no relevance.

Example: The rule for Chapter 22 provides that the individual weight of sugar and of the materials of Chapter 4 does not exceed 20% of the weight of the final product. In case the weight of the final product contains 15% of sugar as well as 10% of materials of Chapter 4, the origin conferring rule of Chapter 22 is complied with. Each individual material is less than 20% of the weight of the final product. On the contrary, in case the weight of the final product contains 25% of sugar and 10% of materials of Chapter 4, the origin conferring rule is not met.

d) When the rule uses the expression “the total combined weight of sugar and of the materials of Chapter 4 does not exceed x% of the weight of the final product”, both the weight of the sugar and the materials of Chapter 4 shall meet individually their weight limitation, and their combined weights added up shall meet the combined weight limitation. combined weight limitation expresses a further restriction to the individual weight limitations.

Example: The rule for heading 1704 provides that the combined weight of sugar and of the materials of Chapter 4 does not exceed 50% of the weight of the final product. The individual weight limitations for materials of Chapter 4 are 20% and for sugar 40%. In case the weight of the final product contains 35% of sugar and 15% of materials of Chapter 4, both the individual weight limitations and the combined weight limitations of the origin conferring rule of heading 1704 are complied with. On the contrary, in case the weight of the final product contains 35% of sugar and 20% of materials of Chapter 4, the combined weight represents 55% of the weight of the final product. . In that case the individual weight limitations are respected but the combined weight limitation is exceeded and therefore the origin conferring rule of heading 1704 is not complied with.

Note 5. Terminology Used in Respect of certain Textile Products

1. The term “natural fibres” is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres which have been carded, combed or otherwise processed, but not spun.

2. The term “natural fibres” includes horsehair of heading 0511, silk of headings 5002 and 5003, as well as wool-fibres and fine or coarse animal hair of headings 5101 to 5105, cotton fibres of headings 5201 to 5203, and other vegetable fibres of headings 5301 to 5305.

3. The terms “textile pulp”, “chemical materials” and “paper-making materials” are used in the list to describe the materials, not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.

4. The term “man-made staple fibres” is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste of headings 5501 to 5507.

Note 6. Tolerances Applicable to Products Made of a Mixture of Textile Materials

1. Where, for a given product in the Annex II, reference is made to this Note, the conditions set out in column 3 shall not be applied to any basic textile materials used in the manufacture of this product and which, taken together, represent 10% or less of the total weight of all the basic textile materials used (see also Notes 6.3 and 6.4).

2. Textile products made from two or more basic textile materials.

a) The tolerance mentioned in Note 6.1 may be applied only to mixed products which have been made from two or more basic textile materials. The following are the basic textile materials:

– silk;

– wool;

– coarse animal hair;

– fine animal hair;

– horsehair;

– cotton;

– paper-making materials and paper;

– flax;

– true hemp;

– jute and other textile bast fibres;

– sisal and other textile fibres of the genus Agave;

– coconut, abaca, ramie and other vegetable textile fibres;

– synthetic man-made filaments;

– artificial man-made filaments;

– current-conducting filaments;

– synthetic man-made staple fibres of polypropylene;

– synthetic man-made staple fibres of polyester;

– synthetic man-made staple fibres of polyamide;

– synthetic man-made staple fibres of polyacrylonitrile;

– synthetic man-made staple fibres of polyimide;

– synthetic man-made staple fibres of polytetrafluoroethylene;

– synthetic man-made staple fibres of poly(phenylene sulphide);

– synthetic man-made staple fibres of poly(vinyl chloride);

– other synthetic man-made staple fibres;

– artificial man-made staple fibres of viscose;

– other artificial man-made staple fibres;

– yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped;

– yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped;

– products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film;

– other products of heading 5605;

– glass fibres;

– metal fibres.

b) Example 1: Tufted textile fabric of heading 5802, made from cotton yarn of heading 5205 and cotton fabric of heading 5210, is only a mixed product if the cotton fabric is itself a mixed fabric made from yarns classified in two separate headings, or if the cotton yarns used are themselves mixtures.

c) Example 2: If the tufted textile fabric concerned was made from cotton yarn of heading 5205 and synthetic fabric of heading 5407, the yarns used are two separate basic textile materials and the tufted textile fabric is, accordingly, a mixed product.

3. In the case of products incorporating “yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped”, this tolerance is 20% in respect of this yarn.

4. In the case of products incorporating “strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film”, this tolerance is 30% in respect of this strip.