Common use of De Minimis Clause in Contracts

De Minimis. 1. Each Party shall provide that a good that does not undergo a change in tariff classification pursuant to Annex 3A is nonetheless an originating good if: (a) the value of all non-originating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the adjusted value of the good; and (b) the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good. The value of such non-originating materials shall, however, be included in the value of non- originating materials for any applicable regional value content requirement for the good. 3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint Committee). 2. Paragraph 1 does not apply to: (a) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in chapter 4 of the Harmonized System; (b) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in the following provisions: subheadings 1901.10, 1901.20 or 1901.90; heading 2105; or subheadings 2106.90, 2202.90, or 2309.90; (c) a non-originating material provided for in heading 0805 or subheadings 2009.11 through 2009.30 that is used in the production of a good provided for in subheadings 2009.11 through 2009.30, or subheadings 2106.90 or 2202.90; (d) a non-originating material provided for in chapter 15 of the Harmonized System that is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 or 1515; (e) a non-originating material provided for in heading 1701 that is used in the production of a good provided for in headings 1701 through 1703; (f) a non-originating material provided for in chapter 17 of the Harmonized System or heading 1805 that is used in the production of a good provided for in subheading 1806.10; (g) a non-originating material provided for in headings 2203 through 2208 that is used in the production of a good provided for in headings 2207 or 2208; and (h) a non-originating material used in the production of a good provided for in Chapters 1 through 21 of the Harmonized System unless the non-originating material is provided for in a different subheading than the good for which origin is being determined under this Article. For purposes of this paragraph, heading and subheading mean, respectively, a heading and subheading of the Harmo nized System. 3. A textile or apparel good provided for in Chapters 50 through 63 of the Harmonized System that is not an originating good, because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3A, shall nonetheless be considered to be an originating good if the total weight of all such fibers or yarns in that component is not more than seven percent of the total weight of that component. Notwithstanding the preceding sentence, a textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good shall be an originating good only if such yarns are wholly formed in the territory of a Party.

De Minimis. 1. Each Party shall provide that a good that does not undergo a change in tariff classification pursuant to Annex 3A is nonetheless an originating good if: (a) the value of all non-originating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the adjusted value of the good; and (b) the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good. The value of such non-originating materials shall, however, be included in the value of non- originating materials for any applicable regional value content requirement for the good. 3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint Committee). 2. Paragraph 1 does not apply to: (a) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in chapter 4 of the Harmonized System; (b) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in the following provisions: subheadings 1901.10, 1901.20 or 1901.90; heading 2105; or subheadings 2106.90, 2202.90, or 2309.90; (c) a non-originating material provided for in heading 0805 or subheadings 2009.11 through 2009.30 that is used in the production of a good provided for in subheadings 2009.11 through 2009.30, or subheadings 2106.90 or 2202.90; (d) a non-originating material provided for in chapter 15 of the Harmonized System that is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 or 1515; (e) a non-originating material provided for in heading 1701 that is used in the production of a good provided for in headings 1701 through 1703; (f) a non-originating material provided for in chapter 17 of the Harmonized System or heading 1805 that is used in the production of a good provided for in subheading 1806.10; (g) a non-originating material provided for in headings 2203 through 2208 that is used in the production of a good provided for in headings 2207 or 2208; and (h) a non-originating material used in the production of a good provided for in Chapters 1 through 21 of the Harmonized System unless the non-originating material is provided for in a different subheading than the good for which origin is being determined under this Article. For purposes of this paragraph, heading and subheading mean, respectively, a heading and subheading of the Harmo nized Harmonized System. 3. A textile or apparel good provided for in Chapters 50 through 63 of the Harmonized System that is not an originating good, because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3A, shall nonetheless be considered to be an originating good if the total weight of all such fibers or yarns in that component is not more than seven percent of the total weight of that component. Notwithstanding the preceding sentence, a textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good shall be an originating good only if such yarns are wholly formed in the territory of a Party.

De Minimis. 1. Each Party shall provide that a good that does not undergo a change in tariff classification pursuant to Annex 3A is nonetheless an originating good if: (a) the value of all non-originating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the adjusted value of the good; and (b) the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good. The value of such non-originating materials shall, however, be included in the value of non- non-originating materials for any applicable regional value content requirement for the good. 3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint Committee). 2. Paragraph 1 does not apply to: (a) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in chapter 4 of the Harmonized System; (b) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in the following provisions: subheadings 1901.10, 1901.20 or 1901.90; heading 2105; or subheadings 2106.90, 2202.90, or 2309.90; (c) a non-originating material provided for in heading 0805 or subheadings 2009.11 through 2009.30 that is used in the production of a good provided for in subheadings 2009.11 through 2009.30, or subheadings 2106.90 or 2202.90; (d) a non-originating material provided for in chapter 15 of the Harmonized System that is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 or 1515; (e) a non-originating material provided for in heading 1701 that is used in the production of a good provided for in headings 1701 through 1703; (f) a non-originating material provided for in chapter 17 of the Harmonized System or heading 1805 that is used in the production of a good provided for in subheading 1806.10; (g) a non-originating material provided for in headings 2203 through 2208 that is used in the production of a good provided for in headings 2207 or 2208; and (h) a non-originating material used in the production of a good provided for in Chapters 1 through 21 of the Harmonized System unless the non-originating material is provided for in a different subheading than the good for which origin is being determined under this Article. For purposes of this paragraph, heading and subheading mean, respectively, a heading and subheading of the Harmo nized Harmonized System. 3. A textile or apparel good provided for in Chapters 50 through 63 of the Harmonized System that is not an originating good, because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3A, shall nonetheless be considered to be an originating good if the total weight of all such fibers or yarns in that component is not more than seven percent of the total weight of that component. Notwithstanding the preceding sentence, a textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good shall be an originating good only if such yarns are wholly formed in the territory of a Party.

De Minimis. 1. Each Party shall provide that a good that does not undergo a change in tariff classification pursuant to Annex 3A 5-A is nonetheless an originating good if: (a) the value of all non-originating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the adjusted value of the good; and (b) the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good. The value of such non-originating materials shall, however, be included in the value of non- originating materials for any applicable regional value content requirement for the good. 3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint Committee). 2. Paragraph 1 does not apply toto a: (a) a non-originating material provided for in chapter Chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in chapter Chapter 4 of the Harmonized System; (b) a non-originating material provided for in chapter Chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in the following provisions: subheadings 1901.10, 1901.20 1901.20, or 1901.90; heading 2105; or subheadings 2106.90, 2202.90, or 2309.90; (c) a non-originating material provided for in heading 0805 or subheadings 2009.11 through 2009.30 that is used in the production of a good provided for in subheadings 2009.11 through 2009.30, or subheadings 2106.90 or 2202.90; (d) a non-originating material provided for in chapter Chapter 15 of the Harmonized System that is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 1514, or 1515; (e) a non-originating material provided for in heading 1701 that is used in the production of a good provided for in headings 1701 through 1703; (f) a non-originating material provided for in chapter Chapter 17 of the Harmonized System or heading 1805 that is used in the production of a good provided for in subheading 1806.10; (g) a non-originating material provided for in headings 2203 through 2208 that is used in the production of a good provided for in headings 2207 or 2208; and (h) a non-originating material used in the production of a good provided for in Chapters 1 through 21 of the Harmonized System unless the non-originating material is provided for in a different subheading than the good for which origin is being determined under this Article. For purposes of this paragraph, heading and subheading mean, respectively, a heading and subheading of the Harmo nized System. 3. A textile or apparel good provided for in Chapters 50 through 63 of the Harmonized System that is not an originating good, because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3A, shall nonetheless be considered With respect to be an originating good if the total weight of all such fibers or yarns in that component is not more than seven percent of the total weight of that component. Notwithstanding the preceding sentence, a textile or apparel good containing elastomeric yarns good, Article 4.2.6 (Rules of Origin and Related Matters: De Minimis) applies in the component place of the good that determines the tariff classification of the good shall be an originating good only if such yarns are wholly formed in the territory of a Partyparagraph 1.

De Minimis. 1. Each Party shall provide that a good that does not undergo a change in tariff classification pursuant to Annex 3A is nonetheless an originating good if: (a) the value of all non-originating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the adjusted value of the good; and (b) the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good. The value of such non-originating materials shall, however, be included in the value of non- originating materials for any applicable regional value content requirement for the good. 3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint Committee). 2. Paragraph 1 does not apply to: (a) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in chapter 4 of the Harmonized System; (b) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in the following provisions: subheadings 1901.10, 1901.20 or 1901.90; heading 2105; or subheadings 2106.90, 2202.90, or 2309.90; (c) a non-originating material provided for in heading 0805 or subheadings 2009.11 through 2009.30 that is used in the production of a good provided for in subheadings 2009.11 through 2009.30, or subheadings 2106.90 or 2202.90; (d) a non-originating material provided for in chapter 15 of the Harmonized System that is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 or 1515; (e) a non-originating material provided for in heading 1701 that is used in the production of a good provided for in headings 1701 through 1703; (f) a non-originating material provided for in chapter 17 of the Harmonized System or heading 1805 that is used in the production of a good provided for in subheading 1806.10; (g) a non-originating material provided for in headings 2203 through 2208 that is used in the production of a good provided for in headings 2207 or 2208; and (h) a non-originating material used in the production of a good provided for in Chapters 1 through 21 of the Harmonized System unless the non-originating material is provided 3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint Committee). for in a different subheading than the good for which origin is being determined under this Article. For purposes of this paragraph, heading and subheading mean, respectively, a heading and subheading of the Harmo nized Harmonized System. 3. A textile or apparel good provided for in Chapters 50 through 63 of the Harmonized System that is not an originating good, because certain fibers Fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3A, shall nonetheless be considered to be an originating good if the total weight of all such fibers Fibers or yarns in that component is not more than seven percent of the total weight of that component. Notwithstanding the preceding sentence, a textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good shall be an originating good only if such yarns are wholly formed in the territory of a Party.

De Minimis. 1. Each Party shall provide that a good that does not undergo a change in tariff classification pursuant to Annex 3A is nonetheless an originating good if: (a) the value of all non-originating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the adjusted value of the good; and (b) the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good. The value of such non-originating materials shall, however, be included in the value of non- originating materials for any applicable regional value content requirement for the good. 3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint Committee). 2. Paragraph 1 does not apply to: (a) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in chapter 4 of the Harmonized System; (b) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in the 3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint Committee). following provisions: subheadings 1901.10, 1901.20 or 1901.90; heading 2105; or subheadings 2106.90, 2202.90, or 2309.90; (c) a non-originating material provided for in heading 0805 or subheadings 2009.11 through 2009.30 that is used in the production of a good provided for in subheadings 2009.11 through 2009.30, or subheadings 2106.90 or 2202.90; (d) a non-originating material provided for in chapter 15 of the Harmonized System that is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 or 1515; (e) a non-originating material provided for in heading 1701 that is used in the production of a good provided for in headings 1701 through 1703; (f) a non-originating material provided for in chapter 17 of the Harmonized System or heading 1805 that is used in the production of a good provided for in subheading 1806.10; (g) a non-originating material provided for in headings 2203 through 2208 that is used in the production of a good provided for in headings 2207 or 2208; and (h) a non-originating material used in the production of a good provided for in Chapters 1 through 21 of the Harmonized System unless the non-originating material is provided for in a different subheading than the good for which origin is being determined under this Article. For purposes of this paragraph, heading and subheading mean, respectively, a heading and subheading of the Harmo nized Harmonized System. 3. A textile or apparel good provided for in Chapters 50 through 63 of the Harmonized System that is not an originating good, because certain fibers Fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3A, shall nonetheless be considered to be an originating good if the total weight of all such fibers Fibers or yarns in that component is not more than seven percent of the total weight of that component. Notwithstanding the preceding sentence, a textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good shall be an originating good only if such yarns are wholly formed in the territory of a Party.

De Minimis. 1. Each Party shall provide that a good that does not undergo a change in tariff classification pursuant to Annex 3A 5-A is nonetheless an originating good if: (a) the value of all non-originating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the adjusted value of the good; and (b) the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good. The value of such non-originating materials shall, however, be included in the value of non- non-originating materials for any applicable regional value content requirement for the good. 3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint Committee). 2. Paragraph 1 does not apply toto a: (a) a non-originating material provided for in chapter Chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in chapter Chapter 4 of the Harmonized System; (b) a non-originating material provided for in chapter Chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in the following provisions: subheadings 1901.10, 1901.20 1901.20, or 1901.90; heading 2105; or subheadings 2106.90, 2202.90, or 2309.90; (c) a non-originating material provided for in heading 0805 or subheadings 2009.11 through 2009.30 that is used in the production of a good provided for in subheadings 2009.11 through 2009.30, or subheadings 2106.90 or 2202.90; (d) a non-originating material provided for in chapter Chapter 15 of the Harmonized System that is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 1514, or 1515; (e) a non-originating material provided for in heading 1701 that is used in the production of a good provided for in headings 1701 through 1703; (f) a non-originating material provided for in chapter Chapter 17 of the Harmonized System or heading 1805 that is used in the production of a good provided for in subheading 1806.10; (g) a non-originating material provided for in headings 2203 through 2208 that is used in the production of a good provided for in headings 2207 or 2208; and (h) a non-originating material used in the production of a good provided for in Chapters 1 through 21 of the Harmonized System unless the non-originating material is provided for in a different subheading than the good for which origin is being determined under this Article. For purposes of this paragraph, heading and subheading mean, respectively, a heading and subheading of the Harmo nized System. 3. A textile or apparel good provided for in Chapters 50 through 63 of the Harmonized System that is not an originating good, because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3A, shall nonetheless be considered With respect to be an originating good if the total weight of all such fibers or yarns in that component is not more than seven percent of the total weight of that component. Notwithstanding the preceding sentence, a textile or apparel good containing elastomeric yarns good, Article 4.2.6 (Rules of Origin and Related Matters: De Minimis) applies in the component place of the good that determines the tariff classification of the good shall be an originating good only if such yarns are wholly formed in the territory of a Partyparagraph 1.

De Minimis. 1. Each Party shall provide that a good that does not undergo a change in tariff classification pursuant to Annex 3A is nonetheless an originating good if: (a) the value of all non-originating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the adjusted value of the good; and (b) the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good. The value of such non-originating materials shall, however, be included in the value of non- originating nonoriginating materials for any applicable regional value content requirement for the good. 3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint Committee). 2. Paragraph 1 does not apply to: (a) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in chapter 4 of the Harmonized System; (b) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in the following provisions: subheadings 1901.10, 1901.20 or 1901.90; heading 2105; or subheadings 2106.90, 2202.90, or 2309.90; (c) a non-originating material provided for in heading 0805 or subheadings 2009.11 through 2009.30 that is used in the production of a good provided for in subheadings 2009.11 through 2009.30, or subheadings 2106.90 or 2202.90; (d) a non-originating material provided for in chapter 15 of the Harmonized System that is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 or 1515; (e) a non-originating material provided for in heading 1701 that is used in the production of a good provided for in headings 1701 1 701 through 1703; (f) a non-originating material provided for in chapter 17 of the Harmonized System or heading 1805 that is used in the production of a good provided for in subheading 1806.10; (g) a non-originating material provided for in headings 2203 through 2208 that is used in the production of a good provided for in headings 2207 or 2208; and (h) a non-originating material used in the production of a good provided for in Chapters 1 through 21 of the Harmonized System unless the non-originating material is provided for in a different subheading than the good for which origin is being determined under this Article. For purposes of this paragraph, heading and subheading mean, respectively, a heading and subheading of the Harmo nized System. 3. A textile or apparel good provided for in Chapters 50 through 63 of the Harmonized System that is not an originating good, because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3A, shall nonetheless be considered to be an originating good if the total weight of all such fibers or yarns in that component is not more than seven percent of the total weight of that component. Notwithstanding the preceding sentence, a textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good shall be an originating good only if such yarns are wholly formed in the territory of a Party.

De Minimis. 1. Each Party shall provide that a good that does not undergo a change in tariff classification pursuant to Annex 3A 5-A is nonetheless an originating good if: (a) the value of all non-originating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the adjusted value of the good; and (b) the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good. The value of such non-originating materials shall, however, be included in the value of non- originating materials for any applicable regional value content requirement for the good. 3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint Committee). 2. Paragraph 1 does not apply toto a: (a) a non-originating material provided for in chapter Chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in chapter Chapter 4 of the Harmonized System; (b) a non-originating material provided for in chapter Chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in the following provisions: subheadings 1901.10, 1901.20 1901.20, or 1901.90; heading 2105; or subheadings 2106.90, 2202.90, or 2309.90; (c) a non-originating material provided for in heading 0805 or subheadings 2009.11 through 2009.30 that is used in the production of a good provided for in subheadings 2009.11 through 2009.30, or subheadings 2106.90 or 2202.90; (d) a non-originating material provided for in chapter Chapter 15 of the Harmonized System that is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 1514, or 1515; (e) a non-originating material provided for in heading 1701 that is used in the production of a good provided for in headings 1701 through 1703; (f) a non-originating material provided for in chapter Chapter 17 of the Harmonized System or heading 1805 that is used in the production of a good provided for in subheading 1806.10; (g) a non-originating material provided for in headings 2203 through 2208 that is used in the production of a good provided for in headings 2207 or 2208; and (h) a non-originating material used in the production of a good provided for in Chapters 1 through 21 of the Harmonized System unless the non-originating material is provided for in a different subheading than the good for which origin is being determined under this Article. For purposes of this paragraph, heading and subheading mean, respectively, a heading and subheading of the Harmo nized System. 3. A textile or apparel good provided for in Chapters 50 through 63 of the Harmonized System that is not an originating good, because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3A, shall nonetheless be considered With respect to be an originating good if the total weight of all such fibers or yarns in that component is not more than seven percent of the total weight of that component. Notwithstanding the preceding sentence, a textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good shall be an originating good only if such yarns are wholly formed in the territory of a Party.good, Article 4.2.6 (

De Minimis. 1. Each Party shall provide that a good that does not undergo a change in tariff classification pursuant to Annex 3A 5-A is nonetheless an originating good if: (a) the value of all non-originating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the adjusted value of the good; and (b) the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good. The value of such non-originating materials shall, however, be included in the value of non- non-originating materials for any applicable regional value content requirement for the good. 3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint Committee). 2. Paragraph 1 does not apply to: (a) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in chapter 4 of the Harmonized System; (b) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in the following provisions: subheadings 1901.10, 1901.20 or 1901.90; heading 2105; or subheadings 2106.90, 2202.90, or 2309.90; (c) a non-originating material provided for in heading 0805 or subheadings 2009.11 through 2009.30 that is used in the production of a good provided for in subheadings 2009.11 through 2009.30, or subheadings 2106.90 or 2202.90; (d) a non-originating material provided for in chapter 15 of the Harmonized System that is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 or 1515; (e) a non-originating material provided for in heading 1701 that is used in the production of a good provided for in headings 1701 through 1703; (f) a non-originating material provided for in chapter 17 of the Harmonized System or heading 1805 that is used in the production of a good provided for in subheading 1806.10; (g) a non-originating material provided for in headings 2203 through 2208 that is used in the production of a good provided for in headings 2207 or 2208; and (h) a non-originating material used in the production of a good provided for in Chapters 1 through 21 of the Harmonized System unless the non-non- originating material is provided for in a different subheading than the good for which origin is being determined under this Article. For purposes of this paragraph, heading and subheading mean, respectively, a heading and subheading of the Harmo nized Harmonized System. 3. A textile or apparel good provided for in Chapters 50 through 63 of the Harmonized System that is not an originating good, because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3A, shall nonetheless be considered With respect to be an originating good if the total weight of all such fibers or yarns in that component is not more than seven percent of the total weight of that component. Notwithstanding the preceding sentence, a textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good shall be an originating good only if such yarns are wholly formed in the territory of a Party.to which Article 4.2.6 (

De Minimis. 1. Each Party shall provide that a good that does not undergo a change in tariff classification pursuant to Annex 3A 5-A is nonetheless an originating good if: (a) the value of all non-originating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the adjusted value of the good; and (b) the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good. The value of such non-originating materials shall, however, be included in the value of non- originating nonoriginating materials for any applicable regional value content requirement for the good. 3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint Committee). 2. Paragraph 1 does not apply toto a: (a) a non-originating material provided for in chapter Chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in chapter Chapter 4 of the Harmonized System; (b) a non-originating material provided for in chapter Chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in the following provisions: subheadings 1901.10, 1901.20 1901.20, or 1901.90; heading 2105; or subheadings 2106.90, 2202.90, or 2309.90; (c) a non-originating material provided for in heading 0805 or subheadings 2009.11 through 2009.30 that is used in the production of a good provided for in subheadings 2009.11 through 2009.30, or subheadings 2106.90 or 2202.90; (d) a non-originating material provided for in chapter Chapter 15 of the Harmonized System that is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 1514, or 1515; (e) a non-originating material provided for in heading 1701 that is used in the production of a good provided for in headings 1701 through 1703; (f) a non-originating material provided for in chapter Chapter 17 of the Harmonized System or heading 1805 that is used in the production of a good provided for in subheading 1806.10; (g) a non-originating material provided for in headings 2203 through 2208 that is used in the production of a good provided for in headings 2207 or 2208; and (h) a non-originating material used in the production of a good provided for in Chapters 1 through 21 of the Harmonized System unless the non-originating material is provided for in a different subheading than the good for which origin is being determined under this Article. For purposes of this paragraph, heading and subheading mean, respectively, a heading and subheading of the Harmo nized System. 3. A textile or apparel good provided for in Chapters 50 through 63 of the Harmonized System that is not an originating good, because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3A, shall nonetheless be considered to be an originating good if the total weight of all such fibers or yarns in that component is not more than seven percent of the total weight of that component. Notwithstanding the preceding sentence, a textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good shall be an originating good only if such yarns are wholly formed in the territory of a Party.

De Minimis. 1. Each Party shall provide that a good that does not undergo a change in tariff classification pursuant to Annex 3A is nonetheless an originating good if: (a) the value of all non-originating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the adjusted value of the good; and (b) the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good. The value of such non-originating materials shall, however, be included in the value of non- originating materials for any applicable regional value content requirement for the good. 3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint Committee). 2. Paragraph 1 does not apply to: (a) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in chapter 4 of the Harmonized System; (b) a non-originating material provided for in chapter 4 of the Harmonized System or in subheading 1901.90 that is used in the production of a good provided for in the following provisions: subheadings 1901.10, 1901.20 or 1901.90; heading 2105; or subheadings 2106.90, 2202.90, or 2309.90; (c) a non-originating material provided for in heading 0805 or subheadings 2009.11 through 2009.30 that is used in the production of a good provided for in subheadings 2009.11 through 2009.30, or subheadings 2106.90 or 2202.90; (d) a non-originating material provided for in chapter 15 of the Harmonized System that is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 or 1515; (e) a non-originating material provided for in heading 1701 that is used in the production of a good provided for in headings 1701 through 1703; (f) a non-originating material provided for in chapter 17 of the Harmonized System or heading 1805 that is used in the production of a good provided for in subheading 1806.10; (g) a non-originating material provided for in headings 2203 through 2208 that is used in the production of a good provided for in headings 2207 or 2208; and (h) a non-originating material used in the production of a good provided for in Chapters 1 through 21 of the Harmonized System unless the non-originating material is provided for in a different subheading than the good for which origin is being determined under this Article. For purposes of this paragraph, heading and subheading mean, respectively, a heading and subheading of the Harmo nized Harmonized System. 3. A textile or apparel good provided for in Chapters 50 through 63 of the Harmonized System that is not an originating good, because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3A, shall nonetheless be considered to be an originating good if the total weight of all such fibers or yarns in that component is not more than seven percent of the total weight of that component. Notwithstanding the preceding sentence, a textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good shall be an originating good only if such yarns are yarnsare wholly formed in the territory of a Party.