Common use of De Minimis Clause in Contracts

De Minimis. 1. Notwithstanding Article 3.3 and except for a good of Chapters 50 through 63 of the Harmonized System, a good is considered originating, where the value of all non-originating materials used in the production of the good, which do not undergo the applicable change in tariff classification or fulfil any other condition set out in Annex 3-A, does not exceed 10 percent of the transaction value or ex-works price of the good, provided that: (a) if the rule of Annex 3-A applicable to the good contains a percentage for the maximum value of non-originating materials, the value of those non-originating materials shall be included in calculating the value of non-originating materials; and (b) the good satisfies all other applicable requirements of this Chapter. 2. A good of Chapters 50 through 60 of the Harmonized System, that does not originate because certain non-originating yarns used in the production of the good do not fulfil the conditions set out for that good in Annex 3-A , is considered originating if the total weight of all such yarns does not exceed 10 percent of the total weight of that good. 3. A good of Chapters 61 through 63 of the Harmonized System, that does not originate because certain non-originating yarns used in the production of the component of the good that determines the tariff classification of that good do not fulfil the conditions set out for that good in Annex 3-A, is considered originating if the total weight of all such yarns in that component does not exceed 10 percent of the total weight of that component. 4. Except as provided in Annex 3-A, paragraph 1 does not apply to 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 materials are provided for in a different subheading from that of the good for which the origin is being determined under this Article.

De Minimis. 1. Notwithstanding Article 3.3 and except for a good of Chapters 50 Except as provided in paragraphs 2 through 63 of the Harmonized System4, a good is shall be considered originating, where to be an originating good if the value of all non-originating materials used in the production of the good, which good that do not undergo the an applicable change in tariff classification or fulfil any other condition set out in Annex 3-A, 301 does not exceed 10 percent per cent of the transaction value or ex-works price of the good, provided that: (a) if the rule of origin of Annex 3-A 301 applicable to the good contains a percentage for the maximum value of non-originating materials, the value of those such non-originating materials shall be included in calculating the value of non-originating materials; and (b) the good satisfies all other applicable requirements of this Chapter. 2. Paragraph 1 does not apply to a non-originating material used in the production of a good of Chapters 01 through 21 of the Harmonized System unless the non-originating material is provided for in a different subheading from the good for which origin is being determined under this Article. Nevertheless, paragraph 1 does apply when the good and the non-originating material are classified in the same subheading, provided that the material is different from the good. 3. A good of Chapters 50 through 60 of the Harmonized System, System that does not originate because certain non-originating fibres or yarns used in the production of the good do not fulfil the conditions requirements set out for that good in Annex 3-A 301, is shall nonetheless be considered an originating good if the total weight of all such fibres or yarns does not exceed 10 percent 15 per cent of the total weight of that good. 34. A good of Chapters 61 through 63 of the Harmonized System, System that does not originate because certain non-originating fibres or yarns used in the production of the component of the good that determines the tariff classification of that good do not fulfil the conditions requirements set out for that good in Annex 3-A301, is shall nonetheless be considered an originating good if the total weight of all such fibres or yarns in that component does not exceed 10 percent 15 per cent of the total weight of that component. 4. Except as provided in Annex 3-A, paragraph 1 does not apply to 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 materials are provided for in a different subheading from that of the good for which the origin is being determined under this Article.

De Minimis. 1. Notwithstanding Article 3.3 and except for a good of Chapters 50 Except as provided in paragraphs 2 through 63 of the Harmonized System4, a good is considered originating, where an originating good if the value of all non-originating materials material used in the production of the good, which do good that does not undergo the an applicable change in tariff classification or fulfil any other condition set out in Annex 3-A, 3.02 does not exceed 10 percent per cent of the transaction value or ex-works price of the good, provided thatif: (a) if when the rule of origin of Annex 3-A 3.02 applicable to the good contains a percentage for the maximum value of non-originating materials, the value of those that non-originating materials shall be material is included in calculating the value of a non-originating materialsmaterial; and (b) the good satisfies all other applicable requirements of this Chapter. 2. Except as provided in Annex 3.02, paragraph 1 does not apply to a non- originating material used in the production of a good of Chapters 1 through 22 of the Harmonized System unless the non-originating material is provided for in a different subheading from the good for which origin is being determined under this Article. However, paragraph 1 does apply when the good and the non-originating material are classified in the same subheading, provided that the material is different from the good. 3. A good of Chapters 50 through 60 of the Harmonized System, System that does not originate because certain non-originating yarns used in the production of the good do not fulfil the conditions requirements set out for that good in Annex 3-A , 3.02 is considered nonetheless originating if the total weight of all such those yarns does not exceed 10 percent per cent of the total weight of that the good. 34. A good of Chapters 61 through 63 of the Harmonized System, System that does not originate because certain non-originating yarns used in the production of the component of the good that determines the tariff classification of that good do not fulfil the conditions requirements set out for that good in Annex 3-A3.02, is considered nonetheless originating if the total weight of all such those yarns in that component does not exceed 10 percent per cent of the total weight of that component. 4. Except as provided in Annex 3-A, paragraph 1 does not apply to 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 materials are provided for in a different subheading from that of the good for which the origin is being determined under this Article.

De Minimis. 1. Notwithstanding Article 3.3 and except for a A good of Chapters 50 through 63 of the Harmonized System, a good is shall be considered originating, where originating if the value of all non-originating materials used in the production of the good, which good that do not undergo comply with the applicable corresponding change in tariff classification or fulfil any other condition set out in Annex 36-A, 03 does not exceed 10 percent 7% of the transaction value or ex-works price of the goodgood adjusted on the basis indicated in paragraph 2 or 3, provided that:as the case may be, of Article 6 -04. (a) if the rule of Annex 3-A applicable to 2. Where the good contains referred to in paragraph 1 is additionally subject to a percentage for the maximum regional value of non-originating materialscontent requirement, the value of those non-originating materials shall be included taken into account in calculating the calculation of the regional value content of non-originating materials; and (b) the good satisfies all and the good shall satisfy the other applicable requirements of this Chapter. 23. A good that is subject to a regional value content requirement set out in Annex 6 -03 does not have to satisfy it if the value of all non-originating materials does not exceed 7% of the transaction value of the good adjusted on the basis indicated in paragraph 2 or 3, as the case may be, of Article 6-04. 4. Paragraph 1 does not apply to: a) goods covered by Chapters 50 to 63 of the Harmonized System; or b) a non-originating material that is used in the production of goods falling within Chapters 01 through 27 of the Harmonized System, unless the non-originating material falls within a subheading other than that of the good for which origin is being determined pursuant to this Article. 5. A good of Chapters 50 through 60 63 of the Harmonized System, System that does not originate because certain is non-originating because the fibers and yarns used in the production of the good do not fulfil the conditions set out for that good in Annex 3-A , is considered originating if the total weight of all such yarns does not exceed 10 percent of the total weight of that good. 3. A good of Chapters 61 through 63 of the Harmonized System, that does not originate because certain non-originating yarns used in the production of the component of the good material that determines the tariff classification of that good do not fulfil comply with the conditions set out change in tariff classification provided for that good in Annex 3-A6 - 03, is shall nevertheless be considered as originating if the total weight of all such fibers and yarns in of that component material does not exceed 10 percent 7% of the total weight of that componentmaterial. 4. Except as provided in Annex 3-A, paragraph 1 does not apply to 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 materials are provided for in a different subheading from that of the good for which the origin is being determined under this Article.

De Minimis. 1. Notwithstanding Article 3.3 and except for a good of Chapters 50 Except as provided in paragraphs 2 through 63 of the Harmonized System4, a good is considered originating, where an originating good if the value of all non-non- originating materials material used in the production of the good, which do good that does not undergo the an applicable change in tariff classification or fulfil any other condition set out in Annex 3-A, 3.02 does not exceed 10 percent per cent of the transaction value or ex-works price of the good, provided thatif: (a) if o a. when the rule of origin of Annex 3-A 3.02 applicable to the good contains a percentage for the maximum value of non-originating materials, the value of those that non-originating materials shall be material is included in calculating the value of a non-originating materialsmaterial; and (b) o b. the good satisfies all other applicable requirements of this Chapter. 2. Except as provided in Annex 3.02, paragraph 1 does not apply to a non-originating material used in the production of a good of Chapters 1 through 22 of the Harmonized System unless the non-originating material is provided for in a different subheading from the good for which origin is being determined under this Article. However, paragraph 1 does apply when the good and the non-originating material are classified in the same subheading, provided that the material is different from the good. • 3. A good of Chapters 50 through 60 of the Harmonized System, System that does not originate because certain non-non- originating yarns used in the production of the good do not fulfil the conditions requirements set out for that good in Annex 3-A , 3.02 is considered nonetheless originating if the total weight of all such those yarns does not exceed 10 percent per cent of the total weight of that the good. 3. • 4. A good of Chapters 61 through 63 of the Harmonized System, System that does not originate because certain non-non- originating yarns used in the production of the component of the good that determines the tariff classification of that good do not fulfil the conditions requirements set out for that good in Annex 3-A3.02, is considered nonetheless originating if the total weight of all such those yarns in that component does not exceed 10 percent per cent of the total weight of that component. 4. Except as provided in Annex 3-A, paragraph 1 does not apply to 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 materials are provided for in a different subheading from that of the good for which the origin is being determined under this Article.

De Minimis. 1. Notwithstanding Article 3.3 and except for a good of Chapters 50 Except as provided in paragraphs 2 through 63 of the Harmonized System4, a good is shall be considered originating, where to be an originating good if the value of all non-non- originating materials used in the production of the good, which good that do not undergo the an applicable change in tariff classification or fulfil any other condition set out in Annex 3-A, 301 does not exceed 10 percent per cent of the transaction value or ex-works price of the good, provided that: (a) if the rule of origin of Annex 3-A 301 applicable to the good contains a percentage for the maximum value of non-originating materials, the value of those such non-originating materials shall be included in calculating the value of non-originating materials; and (b) the good satisfies all other applicable requirements of this Chapter. 2. Paragraph 1 does not apply to a non-originating material used in the production of a good of Chapters 01 through 21 of the Harmonized System unless the non-originating material is provided for in a different subheading from the good for which origin is being determined under this Article. Nevertheless, paragraph 1 does apply when the good and the non- originating material are classified in the same subheading, provided that the material is different from the good. 3. A good of Chapters 50 through 60 of the Harmonized System, System that does not originate because certain non-originating fibres or yarns used in the production of the good do not fulfil the conditions requirements set out for that good in Annex 3-A 301, is shall nonetheless be considered an originating good if the total weight of all such fibres or yarns does not exceed 10 percent 15 per cent of the total weight of that good. 34. A good of Chapters 61 through 63 of the Harmonized System, System that does not originate because certain non-originating fibres or yarns used in the production of the component of the good that determines the tariff classification of that good do not fulfil the conditions requirements set out for that good in Annex 3-A301, is shall nonetheless be considered an originating good if the total weight of all such fibres or yarns in that component does not exceed 10 percent 15 per cent of the total weight of that component. 4. Except as provided in Annex 3-A, paragraph 1 does not apply to 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 materials are provided for in a different subheading from that of the good for which the origin is being determined under this Article.

De Minimis. 1. Notwithstanding Article 3.3 and except for a good of Chapters 50 Except as provided in paragraphs 2 through 63 of the Harmonized System4, a good is shall be considered originating, where to be an originating good if the value of all non-non- originating materials used in the production of the good, which good that do not undergo the an applicable change in tariff classification or fulfil any other condition set out in Annex 3-A, 301 does not exceed 10 percent per cent of the transaction value or ex-works price of the good, provided that: (a) if the rule of origin of Annex 3-A 301 applicable to the good contains a percentage for the maximum value of non-originating materials, the value of those such non-originating materials shall be included in calculating the value of non-originating materials; and (b) the good satisfies all other applicable requirements of this Chapter. 2. Paragraph 1 does not apply to a non-originating material used in the production of a good of Chapters 1 through 24 of the Harmonized System unless the non-originating material is provided for in a different subheading from the good for which origin is being determined under this Article. 3. A good of any of Chapters 50 through 60 of the Harmonized System, System that does not originate because certain non-non- originating yarns used in the production of the good do not fulfil the conditions requirements set out for that good in Annex 3-A 301, is shall nonetheless be considered originating to originate if the total weight of all such yarns does not exceed 10 percent 15 per cent of the total weight of that good. 34. A good of any of Chapters 61 through 63 of the Harmonized System, that does not originate because certain non-non- originating yarns used in the production of the component of the good that determines the tariff classification of that good do not fulfil the conditions requirements set out for that good in Annex 3-A301, is shall nonetheless be considered originating to originate if the total weight of all such yarns in that component does not exceed 10 percent 15 per cent of the total weight of that component. 4. Except as provided in Annex 3-A, paragraph 1 does not apply to 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 materials are provided for in a different subheading from that of the good for which the origin is being determined under this Article.

De Minimis. 1. Notwithstanding Article 3.3 A good that does not undergo a change in tariff classification pursuant to Article 3.4.1 and except for a good of Chapters 50 through 63 of the Harmonized System, a good is Annex 3-A shall be considered originating, where as originating if: (a) the value of all non-originating materials used in the its production of the good, which that do not undergo the applicable required change in tariff classification or fulfil any other condition set out in Annex 3-A, does not exceed 10 percent of the transaction value or ex-works price of the good, provided that:; and (ab) if the rule of Annex 3-A applicable to the good contains a percentage meets all other applicable criteria set forth in this Chapter for qualifying as an originating good. Any of the percentages given in Annex 3- A for the maximum value of non-originating materialsmaterials are not exceeded 1 If a good is subject to Article 3.4.1, the value installation of those non-originating materials a substantial software developed in a Party shall be included in calculating taken into account as a manufacturing process. through the value of non-originating materials; and (b) the good satisfies all other applicable requirements application of this Chapterparagraph. 2. A good of Chapters 50 through 60 of the Harmonized System, that does not originate because certain non-originating yarns used in the production of the good do not fulfil the conditions set out for that good in Annex 3-A , is considered originating if the total weight of all such yarns does not exceed 10 percent of the total weight of that good. 3. A good of Chapters 61 through 63 of the Harmonized System, that does not originate because certain non-originating yarns used in the production of the component of the good that determines the tariff classification of that good do not fulfil the conditions set out for that good in Annex 3-A, is considered originating if the total weight of all such yarns in that component does not exceed 10 percent of the total weight of that component. 4. Except as provided in Annex 3-A, paragraph Paragraph 1 does shall not apply to to: (a) a non-originating material used in the production of a good provided for in Chapters 1 through 21 14 of the Harmonized System unless the (HS); and (b) a non-originating materials are material used in the production of a good provided for in Chapters 15 through 24 of the Harmonized System (HS), unless the non- originating material is provided for in a different subheading from that of the good for which the origin is being determined under this Article. 3. A good provided for in Chapters 50 through 63 of the Harmonized System (HS) 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 3-A, shall nonetheless be considered as originating if the total weight of all such fibers or yarns in that component is not more than 10 percent of the total weight of that component.