CUSMA Rules of Origin Regulations (SOR/2020-155)

1 The contents of this Schedule are deemed to be the contents of sections A, B and C of Annex 4-B of the Agreement with the following adaptations and the rules of interpretation under section 2, except that in the case of a good in subheading 1517.10 traded between Canada and the United States, the rule of origin is a change from heading 15.11 or any other Chapter:

• (a) any reference to Party or Parties is to be read, respectively, as a CUSMA country or CUSMA countries;

• (b) in paragraph (h) of section A, the references “in Tables A.1, B, C, D, E, F or G of the Appendix to this Annex” and “the provisions of the Appendix to this Annex” are to be read, respectively, as “in Tables A.1, B, C, D, E, F or G of Part 6 of these Regulations” and “the provisions of Part 6 of these Regulations”;

• (c) in the notes in Chapters 7 and 8, the note in subheading 0910.99 of Chapter 9, the note in headings 11.01-11.09 of Chapter 11, the note in subheadings 1209.10-1209.30 of Chapter 12, the note in subheadings 1302.11-1302.32 of Chapter 13, notes 1 and 2 in subheadings 20.01-20.07 of Chapter 20 and the note in heading 27.10 of Chapter 27, the references to subparagraph (k) of Annex 4-A and paragraph 1 of Article 4.12 are to be read, respectively, as subsection 5(3) of these Regulations and subsection 5(1) of these Regulations;

• (d) in footnotes 1 to 50 of section B, the reference “the provisions of the Appendix to this Annex” is to be read as “the provisions of Part 6 of these Regulations”;

• (e) in the note in subheading 8523.52, the note in subheadings 8541.10-8542.90, the note in subheadings 8543.90 and the note in subheading 8548.90 of Chapter 85, the reference to Article 4.18 is to be read as a reference to section 10 of these Regulations.

• (f) in Chapter 87, the reference “The Appendix” is to be read as “Part 6 of these Regulations”.

2 The following rules of interpretation apply in this Schedule:

• (a) for the purposes of Chapter 61, Note 2 or Chapter 62, Note 3, a fabric of subheading 5806.20 or heading 60.02 is considered formed from yarn and finished in the territory of one or more of the CUSMA countries if all production processes and finishing operations, starting with the weaving, knitting, needling, tufting, or other process, and ending with the fabric ready for cutting or assembly without further processing, took place in the territories of one or more of the CUSMA countries, even if non-originating yarn is used in the production of the fabric of subheading 5806.20 or heading 60.02;

• (b) for the purposes of Chapter 61, Note 3 and Chapter 62, Note 4, sewing thread is considered formed and finished in the territory of one or more of the CUSMA countries if all production processes and finishing operations, starting with the extrusion of filaments, strips, film or sheet, and including slitting a film or sheet into strip, or the spinning of all fibers into yarn, or both, and ending with the finished single or plied thread ready for use for sewing without further processing, took place in the territories of one or more of the CUSMA countries, even if non-originating fibre is used in the production of sewing thread of heading 52.04, 54.01 or 55.08, or yarn of heading 54.02 used as sewing thread referred to in the Notes;

• (c) for the purposes of Chapter 61, Note 4 and Chapter 62, Note 5, pocket fabric is formed and finished in the territory of one or more of the CUSMA countries if all production processes and finishing operations, starting with the weaving, knitting, needling, tufting, felting, entangling, or other process, and ending with the fabric ready for cutting or assembly without further processing, took place in the territories of one or more of the CUSMA countries and includes non-originating fibre used in the production of the yarn used to produce the pocket fabric;

• (d) for the purposes of Chapter 61, Note 4 or Chapter 62, Note 5, pocket bag fabric is considered a pocket or pockets if the pockets in which fabric is shaped to form a bag is not visible as the pocket is in the interior of the garment (i.e. pockets consisting of “bags” in the interior of the garment), but visible pockets such as patch pockets, cargo pockets, or typical shirt pockets are not subject to these notes;

• e) for the purposes of Chapter 61, Note 4 or Chapter 62, Note 5, yarn is considered wholly formed in the territory of one or more of the CUSMA countries if all the production processes and finishing operations, starting with the extrusion of filaments, strips, film, or sheet, and including slitting a film or sheet into strip, or the spinning of all fibres into yarn, or both, and ending with a finished single or plied yarn, took place in the territory of one or more of the CUSMA countries, even if non-originating fiber is used in the production of the yarn used to produce the pocket bag fabric; and

• f) for the purpose of Chapter 63, Note 2, a fabric of heading 59.03 is considered formed and finished in the territory of one or more of the CUSMA countries if all production processes and finishing operations, starting with the weaving, knitting, needling, tufting, felting, entangling, or other process, including coating, covering, laminating, or impregnating, and ending with the fabric ready for cutting or assembly without further processing, took place in the territories of one or more of the CUSMA countries, even if non-originating fibre or yarn is used in the production of the fabric of heading 59.03.