1. The Schedule of a Party sets out the reservations taken by
that Party, pursuant to Articles 1108(1) and 1206(2), with respect
to existing, non-conforming measures that derogate from an
obligation relating to:
(a) national treatment, pursuant to Article 1102 (Investment)
or 1202 (Services);
(b) most-favored-nation treatment, pursuant to Article 1103
(Investment) or 1203 (Services);
(c) local presence, pursuant to Article 1205 (Services);
(d) performance requirements, pursuant to Article 1106
(Investment); or
(e) nationality requirements for senior management or members
of boards of directors, pursuant to Article 1107
(Investment).
2. Each reservation sets out the following elements (ftnt 1):
(a) SECTOR refers to the general sector in which the
reservation is taken;
(b) SUB-SECTOR refers to the specific sector in which the
reservation is taken;
(c) INDUSTRY CLASSIFICATION refers to the activity, where
applicable, covered by the reservation according to
domestic industry classification codes;
(d) TYPE OF RESERVATION specifies the obligation referred to
in paragraph 1 for which a reservation is taken;
(e) LEVEL OF GOVERNMENT indicates the level of government
maintaining the measure for which the Party is taking the
reservation;
(f) LEGAL CITATION identifies the specific existing measures,
where applicable, for which the reservation is taken;
(ftnt 2)
(g) DESCRIPTION describes the non-conforming aspects of the
existing measures for which the reservation is taken and,
where applicable, commitments for liberalization upon
entry into force of this Agreement; and
(h) DURATION sets out the period for which the reservation is
taken and the phase-in of commitments for liberalization.
3. In the interpretation of a reservation, all elements of the
reservation should be considered. Where the DURATION does not
provide for liberalization, the LEGAL CITATION shall govern to the
extent of any inconsistency with any other element. Where the
DURATION provides for liberalization upon or after entry into force
of this Agreement, the DURATION shall govern to the extent of any
inconsistency with any other element.
4. Where a Party maintains a measure that requires that a service
provider be a citizen, permanent resident or resident of its
territory as a condition to the provision of a service in its
territory, a reservation for Articles 1202, 1203 or 1205 taken with
respect to that measure shall operate as a reservation for Articles
1102 or 1103 with respect to the effect of that measure on the
ability of the service provider to establish an investment.
5. For purposes of this Annex:
CMAP means Clasificaci¢n Mexicana de Actividades y Productos;
concession means an authorization provided by the State to a person
to exploit a natural resource or provide a service, for which
Mexican nationals and Mexican enterprises are granted priority over
foreigners;
CPC means Central Product Classification numbers as set out in
Statistical Office of the United Nations, Statistical Papers,
Series M, No. 77, Provisional Central Product Classification,
1991;
foreigners' exclusion clause means the express provision in an
enterprise's by-laws, stating that the enterprise shall not allow
foreigners, directly or indirectly, to become partners or
shareholders of the enterprise;
international cargo means goods that have an origin or destination
outside the territory of a Party;
Mexican enterprise means an enterprise constituted under the laws
of Mexico;
Mexican national means a national of Mexico, as defined by the
Constitution of Mexico;
person of a Party means a national or an enterprise of a Party; and
SIC means:
(a) with respect to Canada, Standard Industrial
Classification (SIC) numbers as set out in Statistics
Canada, Standard Industrial Classification, fourth
edition, 1980; and
(b) with respect to the United States, Standard Industrial
Classification (SIC) numbers as set out in the United
States Office of Management and Budget, Standard
Industrial Classification Manual, 1987.
FOOTNOTE 1: The reservations are current as of September 5, 1992.
The three delegations understand that where a Party adopts
liberalizing measures prior to the date of entry into force of this
Agreement, such measures will be considered to be existing
measures.
FOOTNOTE 2: The three delegations are considering the need for
inclusion of language to the effect that measures set out in the
LEGAL CITATION shall be deemed to include existing administrative
decisions, interpretations and practices pursuant to the measure
cited.
ANNEX I
Schedule of the United States
SECTOR: Energy
SUB-SECTOR: Atomic Energy
INDUSTRY CLASSIFICATION: Not Applicable
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Atomic Energy Act of 1954, 42 U.S.C. 2133-2134
DESCRIPTION: Investment
A license is required for any person
in the United States to transfer,
manufacture, produce, use or import
any facilities that produce or use
nuclear materials. Such license may
not be issued to any entity known or
believed to be owned, controlled or
dominated by an alien, a foreign
corporation or a foreign government
(42 U.S.C. 2133, 2134). The
issuance of a license is also
prohibited for utilization or
production facilities for such uses as
medical therapy or research and
development activities to any
corporation or other entity owned,
controlled or dominated by one of the
foreign persons described above (42
U.S.C. 2134(d)).
INDUSTRY CLASSIFICATION: 7389 Business Services, Not Elsewhere Classified
TYPE OF RESERVATION: National Treatment (Article 1202) Local Presence
(Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Export Trading Company Act of 1982, Public Law 97-290,
96 Stat. 1233, 15 U.S.C. 4011-4021
15 C.F.R. Part 325
DESCRIPTION: Cross-Border Services
Title III of the Export Trading
Company Act of 1982 authorizes the
Secretary of Commerce to issue
"certificates of review" with respect
to export conduct. The Act calls for
the issuance of a certificate of
review if the Secretary determines,
and the Attorney General concurs, that
the export conduct specified in an
application will not have the
anticompetitive effects proscribed by
the Act. A certificate of review
limits the liability under federal and
state antitrust laws in engaging in
the export conduct certified.
Only a "person" as defined by the Act
can apply for a certificate of review.
The term "person" means "an individual
who is a resident of the United
States; a partnership that is created
under and exists pursuant to the laws
of any State or of the United States;
a State or local government entity; a
corporation, whether organized as a
profit or nonprofit corporation, that
is created under and exists pursuant
to the laws of any State or of the
United States; or any association or
combination, by contract or other
arrangement, between such persons."
A foreign national or enterprise can
receive the protection provided by a
certificate of review by becoming a
"member" of a qualified applicant.
The regulations define "member" to
mean "an entity (U.S. or foreign)
which is seeking protection under the
certificate with the applicant. A
member may be a partner in a
partnership or a joint venture; a
shareholder of a corporation; or a
participant in an association,
cooperative, or other form of profit
or nonprofit organization or
relationship, by contract or other
arrangement."
INDUSTRY CLASSIFICATION:7389 Business Services, Not Elsewhere
Classified
TYPE OF RESERVATION: National Treatment (Article 1202) Local Presence
(Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Export Administration Act of 1979, Pub. L. 96-72, as amended
Export Administration Regulations,
15 C.F.R. parts 768 through 799
DESCRIPTION: Cross-Border Services
With some limited exceptions, the
export from the United States of all
commodities, and all "technical data",
requires either a general license or a
validated license or other
authorization granted by the Office of
Export Licensing, United States
Department of Commerce. A general
license requires no application or
documentation and is generally
available for use by all persons.
An application for a validated license
may be made only by a person subject
to the jurisdiction of the United
States who is in fact the exporter, or
by his duly authorized agent. An
application may be made on behalf of a
person not subject to the jurisdiction
of the United States by an authorized
agent in the United States, who then
becomes the applicant.
SUB-SECTOR: Telecommunications (Enhanced or Value-Added Services)
INDUSTRY CLASSIFICATION: CPC 752323 Value-Added Network Services CPC 752329
Other Message Services
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: F.C.C. Decision, International Communications Policies
Governing Designation of Recognized Private Operating
Agencies, 104 F.C.C. 2d 208, n. 123, n. 126 (1986)
47 C.F.R. 64.702 (1991) (Definition of enhanced or value-
added services)
DESCRIPTION: Investment
If a U.S.-based foreign-owned enhanced
service provider obtains voluntary
Recognized Private Operating Agency
certification from the U.S. Department
of State for purposes of negotiating
operating agreements with governments
other than the U.S. Government, it
must submit copies of all operating
agreements granted to it by foreign
governments and any refusal of a
foreign government to grant it an
operating agreement. For purposes of
this rule, a service provider is
generally considered "foreign owned"
if 20 percent or more of its stock is
owned by persons that are not U.S.
citizens.
INDUSTRY CLASSIFICATION: SIC 2879 Pesticides and Agricultural Chemicals,
not Elsewhere Classified
TYPE OF RESERVATION: National Treatment (Article 1102)
LEGAL CITATION: Federal Insecticide, Fungicide, and Rodenticide Act, as
amended, 7 U.S.C. 136 et seq.
DESCRIPTION:Investment
7 U.S.C. 135h(g) prevents the
Administrator of the Environmental
Protection Agency from knowingly
disclosing information submitted by an
applicant or registrant under the Act
(without consent) to any person
engaged in the production, sale or
distribution of pesticides in
countries other than the United States
or to any person who intends to
deliver such data to such foreign or
multinational business or entity.
TYPE OF RESERVATION: National Treatment (Article 1102) Most-Favored-Nation
Treatment (Article 1103)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Mineral Lands Leasing Act of 1920; 30 U.S.C. Chapter 3;
10 U.S.C. 7435
DESCRIPTION: Investment
1. Under the Mineral Lands Leasing
Act of 1920, aliens and corporations
with foreign stockholders may not
acquire rights-of-way for oil or gas
pipelines, or pipelines carrying
products refined from them, across on-
shore federal lands, or acquire leases
or interests in certain minerals, such
as coal or oil. However, non-U.S.
citizens may own a 100 percent
interest in a domestic corporation
that acquires a right-of-way for oil
or gas pipelines across on-shore
federal lands or lease to develop
mineral resources on on-shore federal
lands unless the foreign investor's
home country denies similar or like
privileges for the mineral or access
in question to U.S. citizens or
corporations, as compared with the
privileges it accords to its own
(30 U.S.C. 181, 183(a)).
2. Nationalization is not considered
to be denial of similar or like
privileges.
3. See also 10 U.S.C. 7435, which
restricts foreign citizens, or
corporations controlled by them, from
obtaining access to leases on Naval
Petroleum Reserves, should the laws,
customs or regulations of their
country deny the privilege of leasing
public lands to citizens or
corporations of the United States.
SUB-SECTOR: Patent Attorneys and Patent Agents and other Practice before
the Patent and Trademark Office
INDUSTRY CLASSIFICATION: [to be provided]
TYPE OF RESERVATION: National Treatment (Article 1202) Most-Favored-Nation
Treatment (Article 1203) Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: 35 USC Chapter 3 (Practice Before Patent and Trademark Office)
37 C.F.R. Part 10 (Representation of Others Before the U.S.
Patent and Trademark Office)
DESCRIPTION: Cross-Border Services
As a condition to be registered to
practice for others before the U.S.
Patent and Trademark Office (USPTO):
(a) a patent attorney must be a U.S.
citizen or an alien lawfully residing
in the United States (37 C.F.R.
10.6(a));
(b) a patent agent must be a U.S.
citizen, an alien lawfully residing in
the United States, or a non-resident
who is registered to practice in a
country that permits patent agents
registered to practice before the
USPTO to practice in that country (37
C.F.R. 10.6(c)); and
(c) a practitioner in trademark and
non-patent cases must be an attorney
licensed in the United States, a
"grandfathered" agent, an attorney
licensed to practice in another
country that accords equivalent
treatment to attorneys licensed in the
United States, or an agent registered
to practice in such a country (37
C.F.R. 10.14(a)-(c)).
DURATION: Citizenship and permanent residency requirements subject to removal
within two years after entry into force of this Agreement in
accordance with Article 1210(3).
=============================================================================
ANNEX I
Schedule of the United States
SECTOR: Public Administration
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Article 1102) Most-Favored-Nation
Treatment (Article 1103)
LEGAL CITATION: 22 U.S.C. 2194(a), 2194(b) and 2198(c)
LEVEL OF GOVERNMENT: Federal
DESCRIPTION: Investment
The Overseas Private Investment
Corporation (OPIC) insurance and loan
guarantees under 22 U.S.C. 2194(a),
2194(b) and 2198(c) are not available
to certain aliens, foreign
enterprises, or foreign controlled
domestic enterprises.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of the United States
SECTOR: Transportation
SUB-SECTOR: Air Transportation
INDUSTRY CLASSIFICATION: SIC 3721 Aircraft Repair and Rebuilding on a Factory
Basis SIC 4581 Aircraft Repair (Except on a Factory
Basis)
TYPE OF RESERVATION: Most-Favored-Nation Treatment (Article 1203)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: 49 U.S.C. App. 1354, 1421-1430 14 C.F.R. Parts 43 and 145
Agreement Concerning Airworthiness Certification, Exchange
of Letters between U.S. and Canada dated August 31, 1984,
Treaties and International Agreement Service 11023
DESCRIPTION: Cross-Border
For major aircraft repair, overhaul or
maintenance activities, during which
an aircraft is withdrawn from service,
U.S. measures require that, in order
to perform work on U.S.-registered
aircraft, foreign air repair stations
must be certified by the Federal
Aviation Administration with
continuing oversight provided by the
Federal Aviation Administration.
Pursuant to a bilateral airworthiness
agreement dated August 31, 1984, as
amended, between the United States and
Canada, the United States recognizes
the certifications and oversight
provided by Canada for all repair
stations and individuals performing
the work located in Canada.
INDUSTRY CLASSIFICATION: 4512 Air Transportation Scheduled
4522 Air Transportation Non-scheduled
4513 Air Courier Services
TYPE OF RESERVATION: National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103)
Senior Management (Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Federal Aviation Act of 1958, as amended;
14 C.F.R. For purposes of this entry, the Description
governs.
DESCRIPTION: Investment
Whether an entity is a U.S. citizen
determines the type of commercial air
services company that it can own or
control. Under the Federal Aviation
Act of 1958 (49 U.S.C. App. Ch. 20),
"citizens" include (1) individuals who
are citizens; (2) a partnership in
which each member is a citizen of the
U.S.; or (3) a U.S. corporation of
which the president and at least
two-thirds of the board of directors
and other managing officers are U.S.
citizens, and at least seventy-five
percent of the voting interest in the
corporation is owned or controlled by
U.S. citizens. 49 U.S.C. App.
1301(16).
In addition, this statutory
requirement has historically been
interpreted by the Department of
Transportation (and the Civil
Aeronautics Board before it) to
require that an air carrier in fact be
under the actual control of U.S.
citizens. The Department of
Transportation makes this
determination on a case-by-case basis.
Nevertheless, the Department has
provided guidance as to some lines of
demarcation. For example, total
foreign equity investment of up to 49
percent (with a maximum of 25 percent
being voting stock), taken alone, is
not construed as indicative of foreign
control. (See Department of
Transportation Order 91-1-41, January
23, 1991.)
Only air carriers that are U.S.
citizens are permitted to operate
domestic air services or operate
international air services as a "U.S."
carrier; non-U.S. citizens may own
and control foreign air carriers that
operate between the U.S. and foreign
points. See Sections 401, 402,
417(b)(7) and 1108 of the Federal
Aviation Act. The different rights of
each type of air carrier are usually
spelled out in the applicable aviation
bilateral agreement.
Certain distinctions based on
citizenship also exist with regard to
other types of air services providers,
such as air freight forwarders (14
C.F.R. 297), charter operators (14
C.F.R. 380), and intermodal operators
(14 C.F.R. 222).
Air freight forwarders may be "U.S.
citizens" (defined as indicated above)
which use the services of (inter alia)
direct air carriers (with a Department
of Transportation certificate,
regulation, order or permit) to
transport property. 14 C.F.R. Part
296. They may also be "foreign air
freight forwarders", which similarly
use direct air carriers to transport
property. 14 C.F.R. Part 296. There
is no "U.S. citizenship" requirement
for "foreign air freight forwarders."
14 C.F.R. 297.3(d). Foreign air
freight forwarders may obtain the same
operating exemptions available to U.S.
citizens. They must, however, apply
for registration with the Department
of Transportation. Their application
can be rejected "for reasons relating
to the failure of effective
reciprocity, or if the Department
finds that it is in the public
interest to do so." 14 C.F.R.
297.22.
Charter operators may be "public
charter operators", which inter alia
must be "U.S. citizens" (defined as
indicated above) or "foreign charter
operators," for which there is not a
citizenship requirement. 14 C.F.R.
380.2. Unlike domestic charter
operators, "foreign charter operators"
wishing to operate charters which
originate in the U.S. must register
with the Department of Transportation.
14 C.F.R. 380.61. The Department of
Transportation may reject a
registration application "for reasons
relating to the failure of effective
reciprocity or if the Department finds
it would be in the public interest to
do so." 14 C.F.R. 380.64.
A direct foreign air carrier may
engage in the surface transport of
property (which it has carried by air)
in a zone extending 35 miles from the
boundary of the airport or city it is
authorized to serve. There is no such
geographic limitation on a direct U.S.
air carrier, or on a U.S. or foreign
indirect air carrier.
INDUSTRY CLASSIFICATION: SIC 0721 Crop Planting, Cultivating, and Protecting
(limited to aerial dusting and spraying, dusting
crops, with or without fertilizing, spraying
crops, with or without fertilizing)
SIC 4522 Air Transportation, services, sightseeing
airplane services)
SIC 7319 Advertising, Not Elsewhere Classified
(limited to aerial advertising, sky writing)
SIC 7335 Commercial Photography
(limited to aerial photographic service, except
mapmaking)
SIC 7389 Business Services, Not Elsewhere Classified
(limited to mapmaking, including aerial, pipeline
and powerline inspection services, firefighting
service, other than forestry or public)
SIC 7997 Membership Sports & Recreation Clubs
(limited to aviation clubs, membership)
SIC 8299 Schools & Education Services, Not Elsewhere
Classified (limited to flying instruction)
SIC 8713 Surveying Services (limited to aerial
surveying)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Senior Management (Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Federal Aviation Act of 1958, as amended;
49 U.S.C. App. 1508(b); 14 C.F.R. 375. For purposes of this
entry, paragraph 3 of the Description governs.
DESCRIPTION: Cross-Border Services
1. Authorization from the Department
of Transportation is required for the
provision of specialty air services in
the territory of the United States. A
person of Canada or Mexico that
provides aerial construction,
heli-logging, aerial sightseeing,
flight training, aerial inspection and
surveillance and aerial spraying
services may not be authorized to
provide such services if there is
inadequate reciprocity on the part of
the country of the applicant, or if
approval would otherwise not be in the
public interest.
2. A person of Mexico or Canada may
be authorized to provide, subject to
compliance by that person with U.S.
safety regulations, aerial mapping,
aerial surveying, aerial photography,
forest fire management, fire fighting,
aerial advertising, glider towing and
parachute jumping.
Investment
3. Specialty air enterprises are
required to comply with the same
requirements as those set out in the
exception for air transportation
carriers described in the investment
exception for air transportation.
DURATION:Cross-Border
Paragraph 2 of the Description governs
on entry into force.
A person of Canada or Mexico may
obtain, subject to compliance with
U.S. safety requirements,
authorization to provide the following
specialty air services in the
territory of the United States:
(a) two years after entry into force
of the Agreement, aerial
construction and heli-logging;
(b) three years after entry into
force of the Agreement, aerial
sightseeing, flight training and
aerial inspection and
surveillance services; and
(c) six years after entry into force
of the Agreement, aerial spraying
services.
INDUSTRY CLASSIFICATION: SIC 4213 Trucking, Except Local
SIC 4215 Courier Services, Except by Air
SIC 4131 Intercity and Rural Bus Transportation
SIC 4142 Bus Charter Service, Except Local
SIC 4151 School Buses (limited to interstate
transportation not related to school activity)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Bus Regulatory Reform Act of 1982, as amended, section 6,
49 U.S.C. 10922(l) (1) and (2)
49 U.S.C. 10530 (3)
49 U.S.C. 10329, 10330 and 11705 and
49 C.F.R. 1044
19 U.S.C. 1202
Memorandum of Understanding Between the United States of
America and the United Mexican States on Facilitation
of Charter/Tour Bus Service, December 3, 1990.
DESCRIPTION: Cross-Border Services
Operating authority from the
Interstate Commerce Commission (ICC)
is required to provide interstate or
cross border bus or truck services in
the territory of the United States. A
moratorium has been imposed on new
grants of operating authority for
persons of Mexico, except for
provision of cross-border charter or
tour bus services.
Under the moratorium, persons of
Mexico without operating authority may
operate only within ICC Border
Commercial Zones, for which ICC
operating authority is not required.
Persons of Mexico providing truck
services (including for hire, private,
and exempt services) without operating
authority are required to obtain a
certificate of registration from the
ICC to enter the United States and
operate in the ICC Border Commercial
Zones. Persons of Mexico providing
bus service are not required to obtain
an ICC certificate of registration to
provide such service within the ICC
Border Commercial Zones.
A person providing bus or truck
service between points in the United
States is required to use United
States-registered and either U.S.-
built or duty-paid equipment.
Investment
The moratorium has the effect of being
an investment restriction because
enterprises of the United States
providing bus or truck services that
are owned or controlled by persons of
Mexico may not obtain ICC operating
authority.
DURATION: On entry into force of this Agreement, the Description shall govern.
Cross-Border Services
A person of Mexico will be permitted
to obtain operating authority to
provide:
(a) three years after signature of
this Agreement, cross-border
truck services to or from border
states (California, Arizona, New
Mexico, and Texas), and such
persons will be permitted to
enter and depart the territory of
United States through different
ports of entry;
(b) three years after entry into
force of this Agreement,
cross-border scheduled bus
services; and
(c) six years after entry into force
of this Agreement, cross-border
truck services.
Investment
A person of Mexico will be permitted
to establish an enterprise in the
United States to provide:
(a) three years after signature of
this Agreement, truck services
for the distribution of
international cargo between
points in the United States; and
(b) seven years after entry into
force of this Agreement, bus
services between points in the
United States.
Indeterminate: The moratorium will
remain in place on grants of authority
for the provision of truck services by
persons of Mexico between points in
the United States for the
transportation of goods other than
international cargo.
=============================================================================
ANNEX I
Schedule of United States
SECTOR: Transportation Services
SUB-SECTOR: Customs Brokers
INDUSTRY CLASSIFICATION: SIC 4731 Arrangement of Transportation of Freight
and Cargo
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: 19 U.S.C. 1641(b)
DESCRIPTION: Cross-Border Services and Investment
Only U.S. citizens may obtain a
customs broker's license, which is
required to conduct customs business
on behalf of another person. A
corporation, association, or
partnership established under the laws
of any state may receive a customs
broker's license if at least one
officer of the corporation or
association, or one member of the
partnership, holds a valid customs
broker's license.
TYPE OF RESERVATION: Performance Requirements (Article 1106)
LEGAL CITATION: Clean Water Act, 33 U.S.C. 1251 et seq.
DESCRIPTION: Investment
The Clean Water Act authorizes grants
for the construction of treatment
plants for municipal sewage or
industrial waste. Grant recipients
may be privately-owned enterprises.
The Act provides that grants shall be
made for treatment works only if such
articles, materials, and supplies as
have been manufactured, mined or
produced in the United States will be
used in the treatment works. The
Administrator of the Environmental
Protection Agency has authority not to
apply this provision, e.g., if the
cost of the articles in question is
unreasonable. 33 U.S.C. 1295.
DURATION: Indeterminate
ANNEX I
Schedule of Canada
SECTOR: Agriculture
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Farm Credit Act, R.S.C. 1985, c. F-2
as amended by R.S.C. 1985, c. 1 (4th
Supp.); S.C. 1991, c. 5, 53
Farm Credit Regulations, C.R.C. 1978,
c. 644 as amended by SOR/81-560;
SOR/82-495; SOR/83-198
DESCRIPTION: Investment
Loans by the Farm Credit Corporation
may be made only to:
(a) individuals who are Canadian
citizens or permanent residents;
(b) farming corporations controlled
by Canadian citizens or permanent
residents; or
(c) cooperative farm associations,
all of whose members are Canadian
citizens or permanent residents.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: All Sectors
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Article 1102)
Performance Requirements (Article 1106)
Senior Management (Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Investment Canada Act, R.S.C. 1985, c.
28, as amended by S.C.1988, c. 65
Investment Canada Regulations,
SOR/85-611, as amended by SOR/189-69
An Act to Amend the Investment Canada
Act, (Bill C-89, introduced in
Parliament on 18 June 1992)
DESCRIPTION: Investment
1. Under the Investment Canada Act,
the following acquisitions of Canadian
businesses by "non-Canadians" are
subject to review by Investment
Canada:
(1) all direct acquisitions of
Canadian businesses with assets
of $5 million or more;
(2) all indirect acquisitions of
Canadian businesses with assets
of $50 million or more; and
(3) indirect acquisitions of Canadian
businesses with assets between $5
million and $50 million which
represent more than 50 percent of
the value, calculated in the
prescribed manner, of the assets
of all the entities the control
of which is being acquired,
directly or indirectly, in the
transaction in question.
2. "Canadian business", "Canadian"
and "non-Canadian" are defined in the
Investment Canada Act. A "non-
Canadian" is an individual, government
or agency thereof or an entity which
is not "Canadian".
3. In addition, specific
acquisitions or new businesses in
designated types of business
activities related to Canada's
cultural heritage or national
identity, which are normally
notifiable, may be reviewed if the
Governor in Council authorizes a
review in the public interest.
4. Investments subject to review
under the Investment Canada Act are
not to be implemented unless the
Minister responsible for the
Investment Canada Act advises the
applicant that the investment is
likely to be of net benefit to Canada.
Such a determination is made in
accordance with six factors described
in the Act.
5. These factors are summarized as
follows:
(a) the effect of the investment on
the level and nature of economic
activity in Canada, including the
effect on employment, on the
utilization of parts, components
and services produced in Canada,
and on exports from Canada;
(b) the degree and significance of
participation by Canadians in the
investment;
(c) the effect of the investment on
productivity, industrial
efficiency, technological
development and product
innovation in Canada;
(d) the effect of the investment on
competition within any industry
or industries in Canada;
(e) the compatibility of the
investment with national
industrial, economic and cultural
policies, taking into
consideration industrial,
economic and cultural policy
objectives enunciated by the
government or legislature of any
province likely to be
significantly affected by the
investment; and
(f) the contribution of the
investment to Canada's ability to
compete in world markets.
6. In making a net benefit
determination, the Minister, through
Investment Canada, may review plans
under which the applicant demonstrates
the net benefit to Canada of the
proposed acquisition. An applicant
may also submit undertakings to the
Minister in connection with any
proposed acquisition which is the
subject of review. In the event of
noncompliance with an undertaking by
an applicant, the Minister may seek a
court order directing compliance or
any other remedy authorized under the
Act.
7. The establishment or acquisition
of Canadian businesses by non-
Canadians, other than those described
above, are to be notified to the
agency administering the Act,
Investment Canada.
8. Review of "acquisition of
control", as defined in the Investment
Canada Act, of a Canadian business by
an American or Mexican will take place
if the value of the gross assets of
the Canadian business is not less than
the applicable thresholds, effective
on the date of entry into force of
this Agreement and adjusted on each
anniversary thereof. The calculation
of the applicable review threshold is
set out in the Duration section below.
9. The review threshold applicable
to American and Mexican investors is
higher than those set out above.
However, this higher review threshold
does not apply in the following
sectors: uranium production and
ownership of uranium producing
properties; oil and gas; financial
services; transportation services and
cultural businesses.
10. Indirect "acquisitions of
control", as defined in the Investment
Canada Act, of Canadian businesses by
"American" and "Mexican" investors are
not reviewable. Notwithstanding the
definition of "investor of a Party" in
Chapter Eleven, only investors who are
nationals, or entities controlled by
nationals, (as defined in the
Investment Canada Act) of the United
States or Mexico, may benefit from the
higher review threshold.
11. Notwithstanding Article 1106(1),
Canada reserves the right to impose
requirements, or enforce any
commitment or undertaking, in
connection with the establishment,
acquisition, expansion, conduct or
operation of an investment of an
investor of another Party for the
transfer of technology, production
process or other proprietary knowledge
to a national or enterprise,
affiliated to the transferor, in
Canada, in connection with the review
of an acquisition of an investment
pursuant to the Investment Canada Act.
12. Except for requirements,
commitments or undertakings related to
technology transfer as set out above,
Article 1106(1) shall apply to
requirements, commitments or
undertakings imposed or enforced under
the Investment Canada Act. However,
Article 1106(1) shall not be construed
to apply to any requirement,
commitment or undertaking imposed or
enforced in connection with a review
under the Investment Canada Act, to
locate production, carry out research
and development, employ or train
workers, or to construct or expand
particular facilities, in Canada.
DURATION: Paragraphs 10, 11 and 12 of the
Description setting out Canada's
reservations and commitments with
respect to Articles 1102, 1106(1),
and 1138 shall govern.
For American and Mexican investors,
the applicable threshold for the
review of a direct acquisition of
control of a Canadian business shall
be:
(a) for the twelve month period
commencing on the date of entry
into force of this Agreement,
such monetary amount as
determined in accordance with
Annex 1607.3 of the Canada-United
State Free Trade Agreement;
(b) commencing on the first
anniversary of the date of entry
into force of this Agreement, the
monetary amount for the preceding
year multiplied by an annual
adjustment representing the
increase in nominal Gross
Domestic Product, as set out
below.
The calculation of the annual
adjustment shall be determined in
January of each year after 1994 using
the most recently available data as
published by Statistics Canada and
using the following formula:
Ann ual Adjustment =
Current nominal GDP at market
prices
---------------------------------
----------------------Previous
year nominal GDP at market prices
"Current nominal GDP at market prices"
means the arithmetic mean of the
nominal Gross Domestic Product at
market prices for the most recent four
consecutive quarters (seasonally
adjusted at annual rates).
"Previous year nominal GDP at market
prices" means the arithmetic mean of
the nominal Gross Domestic Product at
market prices for the four consecutive
quarters (seasonally adjusted at
annual rates) for the comparable
period in the year preceding the year
used in calculating the "current
nominal GDP at market prices".
The amounts determined in this manner
shall be rounded to the nearest
million dollars.
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: All Sectors
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Article 1102)
Senior Management (Article 1107)
LEVEL OF GOVERNMENT: Federal
Provincial
LEGAL CITATION:
DESCRIPTION: Investment
When selling or disposing of its
equity interests in, or the assets of,
an existing state enterprise or an
existing governmental entity, Canada
and each province reserve the right to
prohibit or impose limitations on the
ownership of such interests or assets,
and on the ability of owners of such
interests or assets to control any
resulting enterprise, by investors of
another Party or non-Party or their
investments. In addition, Canada and
each province reserve the right to
adopt or maintain any measure relating
to the nationality of senior
management or members of the board of
directors.
For the purposes of this reservation:
(a) any measure maintained, or
adopted after the entry into
force of this Agreement,
prohibiting or imposing
limitations on the ownership of
equity interests or assets or
nationality requirements
described in this reservation
shall be deemed to be an existing
measure; and
(b) "state enterprise" means an
enterprise owned or controlled
through ownership interests by
Canada or a province and includes
an enterprise established after
the date of entry into force of
this Agreement solely for the
purposes of selling or disposing
of equity interests in, or the
assets of, an existing state
enterprise or governmental
entity.
DURATION:
The Description shall govern on entry
into force of this Agreement.
Indeterminate.
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: All Sectors
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Canada Business Corporations Act,
R.S.C. 1985, C. I-44, as amended by
R.S.C. 1985, c. 27 (2nd Supp.), R.S.C.
1985, c. 1 (4th Supp.); S.C. 1990, c.
17; S.C. 1991, c. 45, 46, 47
Canada Corporations Act, R.S.C. 1970,
C. C-32, as amended by R.S.C. 1970, c.
C-10 (1st Supp.); S.C. 1970-71-72, c.
43, 63; S.C. 1972, c. 17; S.C.
1974-75-76, c. 33; S.C. 1978-79, c.
11; S.C. 1985, c. 26; S.C. 1986, c.
26, 35
The cited laws and regulations permit
constraints to be placed on issue,
transfer and ownership of shares in
federally incorporated business
corporations. The object is to permit
corporations to meet Canadian
ownership requirements, under certain
laws as prescribed in the regulations,
in sectors where such ownership is
required as a condition to operate.
In order to maintain certain
"Canadian" ownership levels,
corporations are permitted to sell
shareholders' shares without the
consent of those shareholders, and to
purchase the corporation's own shares
on the open market. "Canadian" is
defined in the regulations.
DURATION:
Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: All Sectors
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: Senior Management (Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Canada Business Corporations Act,
R.S.C. 1985, c. I-44 as amended R.S.C.
1985, c. 27 (2nd Supp.), R.S.C. 1985,
c. 1 (4th Supp.); S.C. 1990, c. 17;
S.C. 1991, c. 45, 46, 47
Special Acts of Parliament
incorporating specific companies
DESCRIPTION: Investment
The Canada Business Corporations Act
requires that a simple majority of
members of the board of directors, or
of a committee thereof, of a
federally-incorporated company must be
resident Canadians. For the purposes
of the Act the term "resident
Canadian" is defined as an individual
who is a Canadian citizen ordinarily
resident in Canada, a citizen who is a
member of a class as set out in the
regulations, or a permanent resident
as defined in the Immigration Act
except a person who has been
ordinarily resident in Canada for more
than one year after he became eligible
to apply for Canadian citizenship.
In the case of a holding corporation,
not more than 1/3 of the directors
need be resident Canadians if the
earnings in Canada of the holding
corporation and its subsidiaries are
less than 5% of the gross earnings of
the holding corporation and its
subsidiaries.
Under the Canada Corporations Act, a
simple majority of the elected
directors of a Special Act corporation
must be residents of Canada and
citizens of a Commonwealth country.
This requirement applies to every
joint stock company incorporated
subsequent to 22 June 1869 by any
Special Act of Parliament and any
subsequent amendments to such Acts.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: All Sectors
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Citizenship Act, R.S.C. 1985, c. C-29
as amended by R.S.C. 1985 c. 28 (1st
Supp.); c. 30 (3rd Supp.); c. 44 (3rd
Supp.); c. 28 (4th Supp.)
Foreign Ownership of Land Regulations,
SOR/79-416; SOR/79-514; SOR/80-156;
SOR/82-544
DESCRIPTION: Investment
Under the Citizenship Act, a province
is authorized to prohibit or restrict
acquisitions of real property located
in that province by non-Canadians.
The Foreign Ownership of Land
Regulations are made pursuant to the
Citizenship Act and the Alberta
Agricultural and Recreational Land
Ownership Act. In Alberta, an
ineligible person or foreign owned or
controlled corporation may only hold
an interest in controlled land
consisting of not more than 2 parcels
containing, in the aggregate, not more
than 20 acres. An "ineligible
person" is (1) an individual who is
not a Canadian citizen or permanent
resident; (2) a foreign government or
agency thereof; or (3) a corporation
incorporated elsewhere than in Canada.
"Controlled land" means land in
Alberta but does not include (1) land
other than land owned by the Crown;
(2) land within a city, town, new
town, village, or summer village and
(3) mines or minerals.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR:
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Air Canada Public Participation Act,
R.S.C. 1985, c. 35 (4th Supp.)
Canada Development Corporation
Reorganization Act, S.C. 1985, c. 49
Petro-Canada Public Participation Act,
S.C. 1991, c. 10
Canadian Arsenals Limited Divestiture
Authorization Act, S.C. 1986, c. 20
Cooperative Energy Act, S.C.
1980-81-82-83, c. 108
Eldorado Nuclear Limited
Reorganization and Divestiture Act,
S.C. 1988, c. 41
Nordion and Theratronics Divestiture
Authorization Act, S.C. 1990, c. 4
DESCRIPTION: Investment
Non-residents may not own more than a
specified percentage of the voting
shares of the corporation to which
each Act applies. For each company the
restrictions are as follows:
Air Canada: 25%
Canada Development Corporation: 25%
Petro-Canada Inc: 25%
Canadian Arsenals Limited: 25%
Eldorado Nuclear Limited: ownership
not restricted but voting rights
restricted to 25% of votes cast at
meetings
Nordion Limited: 25%
Theratronics Limited: 49%
Cooperative Energy Corporation: 49%
Non-resident is defined in the cited
laws to generally mean:
(a) an individual, other than a
Canadian citizen, who is not
ordinarily resident in Canada;
(b) a corporation incorporated,
formed or otherwise organized
outside Canada;
(c) the government of a foreign state
or any political subdivision
thereof, or a person empowered to
perform a function or duty on
behalf of such a government;
(d) a corporation that is controlled
directly or indirectly by
non-residents as defined in any
of paragraphs (a) to (c);
(e) a trust (i) established by a
non-resident as defined in any of
paragraphs (b) to (d), other than
a trust for the administration of
a pension fund for the benefit of
individuals a majority of whom
are residents, or (ii) in which
non-residents as defined in any
of paragraphs (a) to (d) have
more than fifty per cent of the
beneficial interest; or
(f) a corporation that is controlled
directly or indirectly by a trust
described in paragraph (e).
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: All Sectors
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Export and Import Permits Act, R.S.C.,
1985, c. E-19
DESCRIPTION: Cross-Border Services
Only natural persons ordinarily
resident in Canada, enterprises having
their head office in Canada or branch
offices in Canada of a foreign
enterprise may apply for and be issued
import or export permits or a transit
authorization certificate for goods
and related services subject to
controls pursuant to regulations of
the Export and Import Permits Act.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Automotive
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION:
LEVEL OF GOVERNMENT: Performance Requirements (Article 1106)
Federal
Article 1106(3) shall not apply to the
granting of waivers of customs duties
conditioned, explicitly or implicitly,
upon the fulfillment of performance
requirements by those manufacturers of
automotive goods:
(a) set out in Part One of Annex
1002.1 of the Canada - United-
States Free Trade Agreement, in
accordance with the headnote to
that Part; and
(b) for the applicable periods
specified in Article 1002(2) and
(3) of the Canada - United-States
Free Trade Agreement to those
manufacturers of automotive goods
set out in Parts Two and Three,
respectively, of Annex 1002.1 of
that Agreement.
DURATION: (a) Indeterminate
(b) For Part Two, until January 1,
1998; and for Part Three, until
January 1, 1996 or such earlier
date specified in existing
agreements between Canada and the
recipient of the waiver.
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Business Service Industries
SUB-SECTOR: Customs Brokerages and Brokers
INDUSTRY CLASSIFICATION: SIC 7794 Customs Brokerages and Brokers
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
Senior Management (Article 1107)
1. To be a licensed customs broker
in Canada, an individual must be a
Canadian citizen or permanent
resident.
2. To be a licensed customs
brokerage in Canada:
(a) a corporation must be
incorporated in Canada with a
majority of its directors being
Canadian citizens or permanent
residents; and
(b) a partnership must be composed of
persons who are Canadian citizens
or permanent residents, or
corporations incorporated in
Canada with a majority of their
directors being Canadian citizens
or permanent residents.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Business Service Industries
SUB-SECTOR: Duty Free Shops
INDUSTRY CLASSIFICATION: SIC 6599 Other Retail Stores, Not
Elsewhere Classified
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
1. To be a licensed duty free shop
operator at a land border crossing in
Canada, an individual must:
(a) be a Canadian citizen or
permanent resident;
(b) be of good character;
(c) be principally resident in
Canada; and
(d) have resided in Canada for at
least 183 days of the year
preceding the year of application
for the licence.
2. To be a licensed duty free shop
operator at a border crossing in
Canada, a corporation must:
(a) be incorporated in Canada; and
(b) have all of its shares
beneficially owned by Canadian
citizens or permanent residents
who meet the requirements of
paragraph 1.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Business Service Industries
SUB-SECTOR: Examination Services relating to the
Export and Import of Cultural Property
INDUSTRY CLASSIFICATION: SIC 990 Other Services
TYPE OF RESERVATION: Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Cultural Property Export and Import
Act, R.S.C. 1985, c. C-51
DESCRIPTION: Cross-Border Services
For purposes of the Cultural Property
Export and Import Act an "expert
examiner" of cultural property must be
either a natural person who ordinarily
resides in Canada or a corporation
that has its head office in Canada or
maintains one or more establishments
in Canada to which employees employed
in connection with the business of the
corporation ordinarily report for
work.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Business Service Industries
SUB-SECTOR: Patent Agents and Agencies
INDUSTRY CLASSIFICATION: SIC 7499 Other Financial
Intermediaries, Not
Elsewhere Classified
(Limited to Holders of
Intellectual Property
Rights)
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Patent Act, R.S.C., 1985, c. P-4
Patent Rules, CRC, Vol. XIII, c. 1250,
p.10053
Patent Cooperation Treaty Regulations,
SOR/89-453
DESCRIPTION: Cross-Border Services
1. To be able to represent persons
in the presentation and prosecution of
applications for patents or in other
business before the Patent Office, a
patent agent must be a resident of
Canada and registered by the Patent
Office.
2. To prosecute an application for a
patent in Canada a registered patent
agent who is not a resident of Canada
must appoint a registered patent agent
who is a resident of Canada as an
associate to prosecute the
application.
3. Any firm may be added to the
patent register provided that it has
at least one member who is also on the
register.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Business Service Industries
SUB-SECTOR: Trade-Mark Agents
INDUSTRY CLASSIFICATION: SIC 7499 Other Financial
Intermediaries, Not
Elsewhere Classified
(Limited to Holders of
intellectual Property
Rights)
TYPE OF RESERVATION: National Treatment (Article 1202)
Most-Favored-Nation Treatment (Article 1203)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Trade-Marks Act, R.S.C., 1985, c. T-13
Trade-Marks Regulations, CRC, Vol.
XVIII, c. 1559, p. 13803, as amended
DESCRIPTION: Cross-Border Services
1. To be able to represent persons
in the presentation and prosecution of
applications for trade-marks or in
other business before the Trade-Mark
Office, a trade-mark agent must be a
resident of Canada and registered by
the Trade-Mark Office.
2. To prosecute an application for a
trade-mark in Canada, a registered
trade-mark agent who is not resident
in Canada must appoint a registered
trade-mark agent who is resident in
Canada as an associate to prosecute
the application.
3. Trade-mark agents who reside, and
are registered (in good standing), in
a Commonwealth country or the United
States may be added to the register of
trade-mark agents.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Energy
SUB-SECTOR: Oil and Gas
INDUSTRY CLASSIFICATION: [To be provided]
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Canada Petroleum Resources Act, R.S.C.
1985, c. 36 (2nd Supp.) as amended by
R.S.C. 1985, c. 21 (4th Supp.), S.C.
1990, c. 8, 41., S.C. 1991, c. 10
(partly in force), 24 (not in force),
46 (not in force)
Territorial Lands Act, R.S.C. 1985,
c.T-7 as amended by R.S.C. 1985, c. 7
(3rd Supp.)(partly in force); S.C.
1991, c. 2, 24 (not in force), 50 (not
in force)
Public Lands Grants Act, R.S.C. 1985,
c. P-30 as amended R.S.C. 1985, c. 13
(1st Supp.); S.C. 1991, c. 24 (not in
force). Act repealed S.C. 1991, c. 50
(repealing legislation not in force)
Canada-Newfoundland Atlantic Accord
Implementation Act, S.C. 1987, c. 3 as
amended by S.C. 1988, c. 28, S.C.
1990, c. 41; S.C. 1991, c. 46 (not in
force), 49, 50 (not in force)
Canada-Nova Scotia Offshore Petroleum
Resources Accord Implementation Act,
S.C. 1988, c. 28 as amended by S.C.
1990, c. 28, 41; S.C. 1991, c. 46 (not
in force), 49, 50 (not in force)
Canada Oil and Gas Land Regulations,
C.R.C. c. 1518 as amended SOR/80-590;
SOR/82-663; SOR/89-144
DESCRIPTION: Investment
Canadian legislation contains certain
qualifications for holders of oil and
gas production licenses for
discoveries made after March 5, 1982.
These qualifications ensure that
holders of such licenses, or shares
therein, are Canadian citizens
ordinarily resident in Canada,
permanent residents or corporations
incorporated in Canada.
Notwithstanding qualification to hold
a production license, no production
license shall be issued for
discoveries made after March 5, 1982
unless the Minister of Energy, Mines
and Resources is satisfied that the
Canadian ownership rate of the
interest-owner in relation to the
production license on the date of
issuance would not be less than 50%.
"Interest-owner" is defined in the
Canada Petroleum Resources Act to mean
"an interest holder who holds the
interest or a group of interest
holders who hold all the shares of the
interest".
With respect to production licenses
for discoveries made prior to March 5,
1982, the Canadian ownership
requirements are as set out in the
Canada Oil and Gas Land Regulations.
These qualifications and Canadian
ownership requirements are in respect
of production licenses issued on
"frontier lands" and the "offshore
areas" (areas not under provincial
jurisdiction) as defined in the
legislation.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Energy
SUB-SECTOR: Uranium
INDUSTRY CLASSIFICATION: [To be provided]
TYPE OF RESERVATION: National Treatment (Article 1102)
Most-Favored-Nation Treatment
(Article 1103)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Investment Canada Act, R.S.C. 1985, c.
28, as amended by S.C.1988, c.65
Investment Canada Regulations, SOR/85-
611 as amended by SOR/189-69
An Act to Amend the Investment Canada
Act, (Bill C-89, introduced in
Parliament on 18 June 1992)
Policy on Non-resident Ownership in
the Uranium Mining Sector, 1987
DESCRIPTION: Investment
Non-resident ownership of a uranium
mining property is limited to 49% at
the stage of first production.
Exceptions to this limit may be
permitted if it can be established
that the property is in fact
Canadian-controlled as defined in the
Investment Canada Act.
Exemptions from the policy are
allowed, subject to Cabinet approval,
only in cases where Canadian
participants in the ownership of the
property cannot be found. Investments
in properties by "non-Canadians", as
defined in the Investment Canada Act,
prior to December 23, 1987, beyond the
permitted ownership level, are allowed
to remain in place; however no
increase in non-Canadian ownership is
permitted.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Fisheries
SUB-SECTOR: Fish Harvesting and Processing
INDUSTRY CLASSIFICATION: [To be provided]
TYPE OF RESERVATION: National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Coastal Fisheries Protection Act,
R.S.C. 1985, c. C-33 as amended by
R.S.C. 1985, c. 31 (1st Supp.); R.S.C.
1985, c. 39 (2nd Supp.); S.C. 1990, c.
44
Fisheries Act, R.S.C. 1985, c. F-14 as
amended by R.S.C. 1985, c. 31 (1st
Supp.); R.S.C. 1985, c. 35 (1st
Supp.); R.S.C. 1985, c. 40 (4th
Supp.); S.C. 1990, c. 16; S.C. 1990,
c. 17
Policy on Foreign Investment in the
Canadian Fisheries Sector, 1985
Commercial Fisheries Licensing Policy
Coastal Fisheries Protection
Regulations, C.R.C., 1978, c. 413
DESCRIPTION: Investment
Under the Coastal Fisheries Protection
Act, "foreign" fishing vessels are
prohibited from entering Canada's 200
mile fishing zone except under
authority of a license or under
treaty. "Foreign" vessels are those
which are not "Canadian" as defined in
the Coastal Fisheries Protection Act.
Under the Fisheries Act, The Minister
of Fisheries and Oceans has a
discretionary authority with respect
to the issuance of licenses.
Fish processing companies which have a
foreign ownership level of more than
49% are prohibited from holding
Canadian commercial fishing licenses.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Fisheries
SUB-SECTOR: Fishing-Related Services
INDUSTRY CLASSIFICATION: SIC 032 Services Incidental to Fishing
TYPE OF RESERVATION: National Treatment (Article 1202)
Most-Favored-Nation Treatment (Article 1203)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Coastal Fisheries Protection Act,
R.S.C., 1985, c. C-33
DESCRIPTION: Cross-Border Services
Under the Coastal Fisheries Protection
Act, the Department of Fisheries and
Oceans is responsible for controlling
the activities of foreign fishing
vessels in Canada's Exclusive
Fisheries Zone (EFZ), including access
to Canadian ports (port privileges).
In general, the Department grants such
port privileges, including the
purchase of fuel and supplies, ship
repair, crew exchanges and
transshipment of fish catches, only to
fishing vessels from countries with
which it has favorable fishery
relations, based primarily on
adherence by the foreign country to
Canadian and international
conservation practices and policies.
Exceptions to this general rule are
allowed in cases of emergency ("force
majeure") and where the specific
provisions of bilateral fisheries
treaties apply.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Government Finance
SUB-SECTOR: Securities
INDUSTRY CLASSIFICATION: [To be provided]
TYPE OF RESERVATION: National Treatment (Article 1202)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Financial Administrative Act, R.S.C.,
1985, Chap. F-11 and annual Orders-in-
Council
DESCRIPTION: Investment
Canada Savings Bonds are issued
annually pursuant to the Financial
Administration Act. Terms and
conditions are set by Orders-in-
Council. Sale of Canada Savings Bonds
is restricted to individuals who are
Canadian nationals.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Air Transportation
INDUSTRY CLASSIFICATION: [To be provided]
TYPE OF RESERVATION: National Treatment (Article 1102)
Most Favored Nation Treatment (Article 1103)
Senior Management (Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: National Transportation Act, 1987,
R.S.C. 1985, c. 28 (3rd Supp.), as
amended by R.S.C. 1985, c. 29 (3rd
Supp.); R.S.C. 1985 c. 19 (4th Supp.);
R.S.C. 1985, c. 32 (4th Supp.)
Aeronautics Act, R.S.C. 1985, c. A-2
as amended by R.S.C.1985, c. 33 (1st
Supp.); R.S.C. 1985, c. 28 (3rd Supp.)
Air Regulations, C.R.C. 1978, c. 2
Aircraft Marking and Registration
Regulations, SOR/90-591, as amended by
SOR/91-504
DESCRIPTION: Investment
The following "commercial air
services" are reserved to Canadian air
carriers or operators: domestic air
transportation services (cabotage);
international scheduled air
transportation services reserved by
bilateral agreements to Canadian
airlines; and international
non-scheduled air transportation
services between Canada and a country
other than a foreign air carrier's
state of registry ("fifth freedom
charters"). For specialty air
services, see Schedule of Canada,
Annex I, p.I-C-42 and Schedule of
Canada, Annex II, p.II-C-9.
Only qualified persons may provide
commercial air services reserved to
Canadian air carriers or operators.
Non-Canadian investment in voting
stock of enterprises providing
commercial air services that are
reserved to Canadian air carriers or
operators is limited to 25% or to a
lesser percentage where control in
fact of the enterprise is otherwise
considered not to be held by
Canadians. Non-Canadians are not
permitted, through voting interests or
other forms of investment, to control
Canadian air carriers or operators.
Aircraft other than state aircraft may
only be registered in Canada by
qualified persons. Aircraft not
registered in Canada are limited by
regulation concerning the period
during which they may be operated in
Canada by Canadians.
A qualified person is a Canadian
citizen or permanent resident, or a
corporation incorporated by or under
the laws of Canada or a province and
of which:
(a) not less than 75 % of the voting
interest is in fact owned and
controlled by Canadian citizens
or permanent residents or by a
corporation meeting the
requirements on Canadian
ownership and control;
(b) not less than 2/3 of its
directors are Canadian citizens
or permanent residents;
(c) the executive head is a Canadian
citizen or permanent resident;
and
(d) the principal place of business
is in Canada.
A corporation incorporated by or under
the laws of Canada or a province but
that does not meet the Canadian
ownership and control requirements may
only register a private aircraft when
the corporation is the sole owner and
subject to other limitations and
requirements of the Air Regulations.
The Air Regulations also have the
effect of limiting "non-Canadian"
corporations operating foreign
registered private aircraft within
Canada to the carriage of their own
employees. A "non-Canadian"
corporation is a corporation which
does not meet the Canadian ownership
and control requirements.
All commercial air services operating
in Canada require a Canadian operating
certificate to ensure their safety and
security. An operating certificate
authorizing the provision of
commercial air services reserved to
Canadian operators or air carriers is
only issued to qualified persons.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Air Transportation
INDUSTRY CLASSIFICATION: SIC 4513 Non-Scheduled Air Transport,
Specialty Industry
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
Senior Management (Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Aeronautics Act, R.S.C., 1985, c. A-2,
section 4.2
Air Regulations, C.R.C., Vol. I, c. 2,
sections 700 and 702
Air Regulations Series 2, No. 2
(Aircraft Marking and Registration
Regulations), SOR/90-591, section 19
DESCRIPTION: Cross-Border Services and Investment
1. A person requires a Canadian
operating certificate issued by the
Department of Transport to provide
specialty air services in the
territory of Canada. The Department
of Transport will issue an operating
certificate to a person applying for
authority to provide such services,
subject to compliance by such person
with Canadian safety requirements.
2. Such operating certificate for
the provision of aerial construction,
heli-logging, aerial inspection,
aerial surveillance, flight training,
aerial sightseeing, and aerial
spraying services is not issued to a
person that is not "Canadian" as
defined in the applicable regulations
(a Canadian national or a corporation
incorporated and having its principal
place of business in Canada, its chief
executive officer and not fewer than
2/3 of its directors as Canadian
nationals, and not less than 75% of
its voting interest owned and
controlled by persons otherwise
meeting these requirements).
3. A person of Mexico or of the
United States may obtain an operating
certificate, subject to compliance by
such person with Canadian safety
requirements, for the provision of
aerial mapping, aerial surveying,
aerial photography, forest fire
management, fire-fighting, aerial
advertising, glider towing and
parachute jumping services.
DURATION: Cross-Border Services
Paragraph 3 of the Description shall
govern upon entry into force of this
Agreement.
A person of Mexico or of the United
States will be permitted to obtain an
operating certificate, subject to
compliance with Canadian safety
requirements, for the provision of the
following specialty air services:
(a) two years after the entry into
force of this Agreement, aerial
construction and heli-logging
services;
(b) three years after the entry into
force of this Agreement, aerial
inspection, aerial surveillance,
flight training, and aerial
sightseeing services; and
(c) six years after the entry into
force of this Agreement, aerial
spraying services.
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Air Transportation
INDUSTRY CLASSIFICATION: SIC 4523 Aircraft Servicing Industry
SIC 3211 Aircraft and Aircraft Parts
Industry
TYPE OF RESERVATION: Most-Favored-Nation Treatment (Article 1203)
Local Presence (1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Aeronautics Act, R.S.C., 1985,
c. A-2, section 4.9
Air Regulations, Series 2, No.11
[ ]
Airworthiness Manual, chapters 573 and
575 [ ]
Agreement Concerning Airworthiness
Certification, Exchange of Letters
between Canada and the United States,
dated August 31, 1984, CTS______.
DESCRIPTION: Cross-Border Services
Aircraft repair, overhaul and
maintenance activities which are
required to maintain the airworthiness
of Canadian-registered aircraft must
be performed by Canadian-certified
persons. Such certifications are not
provided for enterprises located
outside Canada, except sub-
organizations of approved maintenance
organizations that are themselves
located in Canada.
Pursuant to an airworthiness agreement
between Canada and the United States,
Canada recognizes the certifications
and oversight provided by the United
States for all repair, maintenance and
overhaul activities performed by U.S.-
certified persons, including the
individual performing the work,
located in the United States.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Land Transportation
INDUSTRY CLASSIFICATION: SIC 456 Truck Transport Industries
SIC 4572 Interurban and Rural Transit
Systems Industry
SIC 4573 School Bus Operations
Industry
SIC 4574 Charter and Sightseeing Bus
Services Industry
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEGAL CITATION: Motor Vehicle Transport Act, 1987,
R.S.C., 1985, c. 29, (3rd Supp.),
Parts I and II
National Transportation Act, 1987,
R.S.C., 1985, c. 28 (3rd Supp.), Part
IV
Customs Tariff, R.S.C., 1985, c. 41
(3rd Supp.), subsection 19(1)
DESCRIPTION: Cross-Border Services
Only persons of Canada, using
Canadian-built or duty-paid trucks or
buses, may provide truck or bus
services between points in the
territory of Canada.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Water Transportation
INDUSTRY CLASSIFICATION: SIC 4541 Freight and Passenger Water
Transport Industry
SIC 4542 Ferry Industry
SIC 4543 Marine Towing Industry
SIC 4549 Other Water Transport
Industries
SIC 4553 Marine Salvage Industry
SIC 4559 Other Service Industries
Incidental to Water
Transport
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Canada Shipping Act, R.S.C., 1985, c.
S-9, sections 6 and 7
DESCRIPTION: Cross-Border Services and Investment
To register a ship in Canada for the
purpose of providing international
maritime transportation services, the
owner of the ship must be:
(a) a Canadian citizen or a citizen
of a Commonwealth country, or
(b) a corporation incorporated under
the laws of, and having its
principal place of business in,
Canada or a Commonwealth country.
For domestic maritime transportation
services (cabotage), see Schedule of
Canada, Annex II,
p.II-C-10.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Water Transportation
INDUSTRY CLASSIFICATION: SIC 4541 Freight and Passenger Water
Transport Industry
SIC 4542 Ferry Industry
SIC 4543 Marine Towing Industry
SIC 4549 Other Water Transport
Industries
SIC 4553 Marine Salvage Industry
SIC 4554 Piloting Service, Water
Transport Industry
SIC 4559 Other Service Industries
Incidental to Water
Transport
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Canada Shipping Act, R.S.C., 1985, c.
S-9, Part II
DESCRIPTION: Cross-Border Services
Masters, mates, and engineers are
required to be certified by the
Department of Transport as ship's
officers while engaged on a Canadian-
registered vessel. Only Canadian
nationals may be certified as ship's
officers.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Water Transportation
INDUSTRY CLASSIFICATION: SIC 4554 Piloting Service, Water
Transport Industry
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Pilotage Act, R.S.C., 1985, c. P-14
General Pilotage Regulations, C.R.C.,
Vol. XIII c. 1263
Atlantic Pilotage Authority
Regulations, C.R.C. Vol. XIII, c. 1264
Laurentian Pilotage Authority
Regulations, C.R.C., Vol. XIII, c.
1268
Great Lakes Pilotage Regulations,
C.R.C., Vol. XIII, c. 1266
Pacific Pilotage Regulations, C.R.C.,
Vol. XIII, c. 1270
DESCRIPTION: Cross-Border Services
A licence issued by the Department of
Transport is required to provide
pilotage services in Canada. Only
Canadian citizens or permanent
residents may obtain such licence. A
permanent resident of Canada who has
been issued a pilot's licence must
become a Canadian citizen within five
years of receipt of such licence in
order to retain it.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Water Transportation
INDUSTRY CLASSIFICATION: SIC 454 Water Transport Industry
TYPE OF RESERVATION: Local Presence (Article 1205)
Members of a shipping conference shall
maintain jointly an office or agency
in the region of Canada where they
operate. A shipping conference is an
association of ocean carriers that has
the purpose or effect of regulating
rates and conditions for the
transportation by such carriers of
goods by water.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Water Transportation
INDUSTRY CLASSIFICATION: SIC 4541 Freight and Passenger Water
Transport Industry
SIC 4542 Ferry Industry
SIC 4543 Marine Towing Industry
TYPE OF RESERVATION: Most-Favored-Nation Treatment (Article 1203)
The prohibitions under the Coasting
Trade Act set out in Schedule of
Canada, Annex II, p. II-C-10 do not
apply to any vessel that is owned by
the U.S. Government when used solely
for the purpose of transporting goods
owned by the U.S. Government from the
territory of Canada to supply Distant
Early Warning sites.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Energy
SUB-SECTOR: Oil and Gas
INDUSTRY CLASSIFICATION: [To be provided]
TYPE OF RESERVATION: Performance Requirements (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Canada Oil and Gas Operations Act (in
force as of September 1, 1992)
Hibernia Development Project Act
DESCRIPTION:
1. The terms and conditions of
government assistance for the Hibernia
project require that certain goods and
services be sourced in Newfoundland
and in Canada and that the project
operator undertakes, on a "best
efforts" basis, to achieve specific
Canadian and Newfoundland content
levels.
2. In addition, Canada reserves the
right to impose any requirement or
enforce any commitment or undertaking
for the transfer of technology, a
production process or other
proprietary knowledge to a national or
enterprise in Canada, in connection
with the Hibernia project.
DURATION: For purposes of this entry, paragraph
2 of the Description shall govern with
respect to Canada's reservation to the
obligations of Article 1106(1) (f).
Indeterminate
=============================================================================
ANNEX I
Schedule of Canada
SECTOR: Energy
SUB-SECTOR: Oil and Gas
INDUSTRY CLASSIFICATION: [To be provided]
TYPE OF RESERVATION: Performance Requirements (Article 1106)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Canada Oil and Gas Operation Act, (in
force as of September 1, 1992)
Northwest Territories Oil and Gas
Accord (under negotiation)
DESCRIPTION:
1. Under the Canada Oil and Gas
Operations Act, the Minister of
Energy, Mines and Resources requires
the applicant to submit a "benefits
plan". Approval of the benefits plan
is required to receive authorization
to proceed with any oil and gas
development project.
2. A "benefits plan" means a plan
for the employment of Canadians and
for providing Canadian manufacturers,
consultants, contractors and service
companies with a full and fair
opportunity to participate on a
competitive basis in the supply of
goods and services used in any
proposed work or activity referred to
in the benefits plan. The Act permits
the Minister to impose an additional
requirement on the applicant, as part
of the benefits plan, to ensure that
disadvantaged individuals or groups
have access to training and employment
opportunities or can participate in
the supply of goods and services used
in any proposed work referred to in
the benefits plan. Similar provisions
will be included in the Yukon and
Northwest Territories Accords.
3. The Canada-Nova Scotia Offshore
Petroleum Resources Accord
Implementation Act and the Canada-
Newfoundland Atlantic Accord
Implementation Act have the same
requirement for a "benefits plan" but
also require that the "benefits plan"
ensure that:
(a) before carrying out any work or
activity in the offshore area the
corporation or other body
submitting the plan shall
establish in the Province an
office where appropriate levels
of decision-making are to take
place;
(b) expenditures shall be made for
research and development to be
carried out in the Province, and
for education and training to be
provided in the Province; and
(c) first consideration shall be
given to goods produced or
services provided from within the
Province, where those goods or
services are competitive in terms
of fair market price, quality and
delivery.
4. The Boards administering the
benefits plan under these Acts may
also require that the plan include
provisions to ensure that
disadvantaged individuals or groups or
corporations owned or cooperatives
operated by them participate in the
supply of goods and services used in
any proposed work or activity referred
in the benefits plan.
5. In addition, Canada reserves the
right to impose any requirement or
enforce any commitment or undertaking
for the transfer of technology, a
production process or other
proprietary knowledge to a national or
enterprise in Canada, in connection
with the approval of development
projects under the Acts cited above.
DURATION: For purposes of this entry, paragraph
5 of the Description shall govern with
respect to Canada's reservation to the
obligations of Article 1106(1) (f).
For purposes of this entry, the Yukon
Oil and Gas Accord and the Northwest
Territories Oil and Gas Accord shall
be deemed to be existing measures,
upon completion of their negotiation.
Indeterminate
ANNEX I
Schedule of Mexico
SECTOR: All sectors
SUB-SECTOR: All sub-sectors
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution).
T¡tulo I Cap¡tulo I.
Ley de Nacionalidad y Naturalizaci¢n
(Nationality and Naturalization Law).
Cap¡tulo VI (Disposiciones generales)
Ley Org nica de la Fracci¢n I del
Art¡culo 27 de la Constituci¢n
(Organic Law of the First Section of
Article 27 of the United Mexican
States Political Constitution).
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment). Cap¡tulos I y IV (Objeto
y Fideicomisos en frontera y
litorales)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
T¡tulo III Cap¡tulo I y T¡tulo III
Cap¡tulo III. (Inversi¢n extranjera
mediante fideicomisos)
DESCRIPTION: Investment
Foreigners and foreign enterprises, as
defined in the Constituci¢n Pol¡tica
de los Estados Unidos Mexicanos; and
Mexican enterprises without a
foreigners' exclusion clause may not
acquire "direct dominion" (dominio
directo) over land and water in a 100
kilometers strip along the country's
borders or in a 50 kilometers strip
inland from its coasts (the Restricted
Zone).
Nevertheless, foreigners, foreign
enterprises and Mexican enterprises
may acquire "Certificados de
Participaci¢n Ordinaria" (CPO's). Such
CPO's grant to the beneficiaries the
right to use and enjoy the real estate
and to receive the profits that it may
obtain from the profitable use of the
property.
The CPO's are issued by a Mexican
credit institution that has been
granted authorization to acquire
through trust the title to real estate
intended for industrial and tourist
activities in the Restricted Zone for
a period not to exceed 30 years.
The trust is renewable if:
(a) The beneficiaries of the trust
which is to be extinguished or
terminated will be beneficiaries
of the new trust;
(b) the new trust is to be executed
under the same terms and
conditions as the trust which is
to be extinguished or terminated,
in respect of the purposes of the
trust, the use of real estate and
its characteristics;
(c) the respective permits are
requested within a period of 360
to 181 days prior to the trust be
extinguished or terminated; and
(d) the provisions of the Ley para
Promover la Inversi¢n Mexicana y
Regular la Inversi¢n Extranjera
and its regulations are observed.
TYPE OF RESERVATION: National Treatment (Article 1102)
LEGAL CITATION: Ley Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment).
Reglamento de la Ley Para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
DESCRIPTION: Investment
The Comisi¢n Nacional de Inversiones
Extranjeras in order to evaluate the
applications submitted to its
consideration (acquisitions or
establishment of investments in
restricted activities as set out in
this Schedule), shall take into
account the following criteria:
(a) Its effects on employment and
training;
(b) Its technological contribution;
(c) In general its contribution to
increase the Mexican industrial
production and competitiveness.
The Comisi¢n Nacional de Inversiones
Extranjeras may impose performance
requirements which are not prohibited
by Article 1106 of the Investment
Chapter.
DURATION: Description shall govern upon entry
into force of this Agreement.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: All sectors
SUB-SECTOR: All sub-sectors
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment).
Reglamento de la Ley Para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
DESCRIPTION: Investment
Mexico will review the acquisition,
whether directly or indirectly, of
more than 49% of the ownership
interest of a Mexican enterprise in an
unrestricted sector, that is owned or
controlled by Mexican nationals,
directly or indirectly, by an investor
of another Party if the value of the
gross assets of the Mexican enterprise
is not less than the applicable
thresholds, effective on the date of
entry into force of this Agreement and
adjusted on each anniversary thereof.
The calculation of the applicable
review thresholds is set out in the
following section below.
DURATION: Description shall govern upon entry
into force of this Agreement.
The basis for calculating the
threshold will be:
(a) USD 25 million, for the three
year period commencing on the
date of entry into force of this
Agreement;
(b) USD 50 million, for the three
year period commencing on the
fourth year after the date of
entry into force of this
Agreement;
(c) USD 75 million, for the three
year period commencing on the
seventh year after the entry into
force of this Agreement;
(d) USD 150 million, for the tenth
year after entry into force of
this Agreement.
Beginning with the Agreement's second
year these thresholds shall be
adjusted for cumulative inflation
based on the US GDP price deflator
from the date of entry into force of
this Agreement.
Beginning with year eleven after entry
into force of this Agreement, the
threshold will be adjusted for growth
in nominal Mexican GDP--but in no case
will the threshold to be applied
exceed that of Canada.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: All sectors
SUB-SECTOR: All sub-sectors
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: National Treatment (Article 1102) Senior Management
(Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution).
Ley General de Sociedades Cooperativas
(General Law of Cooperative
Companies). T¡tulo I Cap¡tulo I y
T¡tulo II Cap¡tulo II
DESCRIPTION: Investment
No more than 10 percent of the persons
participating in a Mexican Cooperative
Production enterprise may be
foreigners.
Foreigners cannot engage in general
administrative functions.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: All sectors
SUB-SECTOR: All sub-sectors
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal para el Fomento de la Microindustria (Law to
Promote the Microindustry).
DESCRIPTION: Investment
Only Mexican nationals and Mexican
enterprises with foreigners' exclusion
clause may qualify as microindustry
enterprises.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Agriculture, Livestock, Forestry, and Lumber Activities
SUB-SECTOR: Agriculture, Livestock or Forestry
INDUSTRY CLASSIFICATION: CMAP 1111 Agriculture
CMAP 1112 Livestock
CMAP 120011 Forestry
CMAP 120012 Exploitation of Forest Nurseries
CMAP 120030 Collection of Forest Products
CMAP 120040 Falling Trees
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican States Political Constitution).
Ley Agraria (Agrarian Law). T¡tulo VI,
DESCRIPTION: Investment
All enterprises constituted in Mexico
which own land for agriculture,
livestock or forestry purposes, must
issue a special type of shares ("T"
shares) which represent the value of
the aforementioned land at the time of
its acquisition. Investors of another
Party and their investments may own up
to 49 percent of such "T" shares.
SUB-SECTOR: Entertainment Services (Broadcasting and Multipoint Distribution
Systems, (MDS), and Cable Television)
INDUSTRY CLASSIFICATION: CMAP 941104 Private Production and
Transmission of Radio Programs (Limited to Production
and Transmission of Radio Programs, MDS
and uninterrupted music)
CMAP 941105 Private Services of Production,
Transmission and
Repetition of Television Programming
(Limited to Production, Transmission
and Repetition of Television Programs,
MDS, Direct Broadcasting Systems, and
High Definition Television and Cable
Television)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal de Radio y Televisi¢n
(Radio and Television Federal Law),
T¡tulo IV (Funcionamiento), Cap¡tulo
III (Programaci¢n)
Reglamento de la Ley Federal de Radio
y Televisi¢n y de la Ley de la
Industria Cinematogr fica relativo al
contenido de las transmisiones de
Radio y Televisi¢n (Regulations of the
Radio and Television Federal Law and
Motion Picture Industry Law relating
to Radio o Television Content), T¡tulo
III (Programaci¢n)
Reglamento del Servicio de Televisi¢n
por Cable, (Cable Television
Regulations) Cap¡tulo VI
(Programaci¢n)
DESCRIPTION: Cross-Border Services
For the protection of copyrights a
holder of a concession for a
commercial broadcast station or for a
cable television system in Mexico is
required to obtain an authorization
from the Secretar¡a de Gobernaci¢n to
import in any form radio or television
programming for broadcast or cable
distribution of such programming
within Mexico.
The authorization will be granted if
the request includes documentation
showing that the foreign government,
sponsoring international organization,
or the private entrepreneur or
organizer has granted the license
("derechos") to retransmit or
distribute by cable such program.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Entertainment Services (Cable Television)
INDUSTRY CLASSIFICATION: CMAP 941105 Private Services of
Production, Transmission and
Retransmission of Television
Programming (Limited to cable
television)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos(United Mexican States
Political Constitution), Article 32
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro I Cap¡tulo III (Concesiones,
Permisos y Contratos)
Ley Federal de Radio y Televisi¢n
(Radio and Television Federal Law),
T¡tulo III, (Concesiones, Permisos e
Instalaciones)
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento del Servicio de Televisi¢n
por Cable (Cable Television
Regulations), Cap¡tulo II
(Concesiones)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Cross-Border Services
1. A concession granted by the
Secretar¡a de Comunicaciones y
Transportes is required to construct
and operate, or to operate, cable
television systems. Such concession is
granted only to Mexican nationals or
Mexican enterprises.
Investment:
2. Investors of another Party and
their investments may own, directly or
indirectly, up to 49 percent of an
enterprise established or to be
established in Mexico which owns or
operates a cable television systems or
provides cable television services.
DURATION: Cross-Border Services
Indeterminate.
Investment
Paragraph 2 of the description shall
govern upon entry into force of this
Agreement; subject to discussion by
the Parties five years after the entry
into force of this Agreement.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Entertainment Services
INDUSTRY CLASSIFICATION: CMAP 941103 Private Exhibition of Films (cinema)
TYPE OF RESERVATION: National Treatment (Article 1202)
Performance Requirements (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de la Industria Cinematogr fica
(Motion Picture Industry Law)
Reglamento de la Ley de la Industria
Cinematogr fica (Regulations of the
Motion Picture Industry)
DESCRIPTION: Cross-Border Services and Investment
On an annual basis, 30 percent of the
screen time of every theater may be
reserved for films produced, either
within or outside Mexico, by Mexican
enterprises.
DURATION: The description shall govern upon
entry into force of this Agreement.
Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Entertainment Services (Broadcasting,
Multipoint Distribution Systems (MDS),
and Cable Television)
INDUSTRY CLASSIFICATION: CMAP 941104 Private Production and
Transmission of Radio Programs
(Limited to Production and
Transmission of Radio Programs, MDS
and uninterrupted music)
CMAP 941105 Private Services of
Production, Transmission and
Retransmission of Television
Programming (Limited to Production,
Transmission and Retransmission of
Television Programs, MDS, Direct
Broadcasting Systems, High-Definition
Television and Cable Television)
TYPE OF RESERVATION: National Treatment (Article 1202)
Performance Requirement (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal de Radio y Televisi¢n,
(Radio and Television Federal Law),
T¡tulo IV (Funcionamiento), Cap¡tulo
III (Programaci¢n)
Reglamento de la Ley Federal de Radio
y Televisi¢n y de la Ley de la
Industria Cinematogr fica relativo al
contenido de las transmisiones de
Radio y Televisi¢n (Regulation of
Radio and Television Federal Law and
Regulations of the Motion Picture
Industry Law relating to Broadcasting
Content), T¡tulo III (Programaci¢n)
Reglamento del Servicio de Televisi¢n
por Cable (Cable Television
Regulations), Cap¡tulo VI
(Programaci¢n)
DESCRIPTION: Cross-Border Services and Investment
The use of the Spanish language is
required for the broadcast, cable or
multipoint-distribution-system
distribution of radio or television
programming, except when the
Secretar¡a de Gobernaci¢n authorizes
the use of another language.
A majority of personnel involved in
the production and performance of a
live broadcast programming activity
must be Mexican nationals.
To perform in Mexico, a radio and
television announcer or presentor who
is not a Mexican national must obtain
an authorization from the Secretar¡a
de Gobernaci¢n.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Entertainment Services (Broadcasting,
and Multipoint Distribution Systems and Cable Television)
INDUSTRY CLASSIFICATION: CMAP 941105 Private Services of
Production, Transmission and
Retransmission of Television
Programming (Limited to Broadcasting,
Cable Television and Multipoint
Distribution Systems)
TYPE OF RESERVATION: National Treatment (Article 1202)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal de Radio y Televisi¢n,
(Radio and Television Federal Law),
T¡tulo IV (Funcionamiento), Cap¡tulo
III (Programaci¢n)
Reglamento de la Ley Federal de Radio
y Televisi¢n y de la Ley de la
Industria Cinematogr fica relativo al
contenido de las transmisiones de
Radio y Televisi¢n (Regulations of the
Radio and Television Federal Law and
Regulation of the Motion Picture
Industry Law relating to Broadcasting
Content), T¡tulo III (Programaci¢n)
Reglamento del Servicio de Televisi¢n
por Cable, (Cable Television
Regulations), Cap¡tulo VI
(Programaci¢n)
DESCRIPTION: Cross-Border Services and Investment
The use of the Spanish language or
Spanish subtitles is required for
advertising broadcast or distributed
in Mexico.
Advertising included in programs
transmitted directly from outside
Mexico may not be broadcast in such
programs when they are retransmitted
or distributed in Mexico
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Telecommunications (Enhanced or Value-Added Services)
INDUSTRY CLASSIFICATION: CMAP 720006 Other Telecomunications
Services (Limited to Enhanced or
Value-Added Services)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro Primero, Cap¡tulo III
(Concesiones, Permisos y Contratos)
Reglamento de Telecomunicaciones
(Telecommunications Regulations),
Cap¡tulo 4, (Permisos)
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Cross-border Services
1. A provider of enhanced or
value-added services must obtain a
permit issued by the Secretar¡a de
Comunicaciones y Transportes.
2. Persons of Canada or the United
States may provide all enhanced or
value-added services, except videotext
or enhanced packet switching services,
without the need to establish local
presence.
3. Videotext and enhanced packet
switching services may not be provided
on a cross-border basis.
Investment
1. Investors of another Party and
their investments may own 100 percent
of an enterprise established or to be
established in Mexico that provides
any telecommunication enhanced or
value-added service, other than
videotext or enhanced packet switching
services.
2. Investors of another Party and
their investments may own, directly or
indirectly, up to 49 percent of an
enterprise established or to be
established in Mexico that provides
videotext or enhanced packet switching
services.
DURATION: Cross-border Services
Paragraphs 2 and 3 of the description
shall govern upon entry into force of
this Agreement.
Commencing July 1, 1995, a person of
Canada or the United States may
provide videotext or enhanced packet
switching services without the need to
establish a local presence in Mexico.
Investment
Paragraph 1 of the description shall
govern upon entry into force of this
Agreement.
Commencing July 1, 1995, investors of
another Party and their investments
may own 100 percent of an enterprise
established or to be established in
Mexico that provides videotext or
enhanced packet switching services.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Transport Telecommunications General Means of Communication
INDUSTRY CLASSIFICATION: CMAP 7200 Communications
CMAP 7100 Transport
CMAP 9411 Radio and Television
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law)
Ley Federal de Radio y Televisi¢n,
(Radio and Television Federal Law)
Reglamento del Servicio de Televisi¢n
por Cable (Cable Television
Regulations)
Reglamento de Telecomunicaciones
(Telecommunications Regulations)
DESCRIPTION: Investment
Foreign Governments and Foreign state
enterprises or their investments may
not invest, directly or indirectly, in
a Mexican enterprise providing
services related to the general means
of communication set out herein.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Construction
SUB-SECTOR:
INDUSTRY CLASSIFICATION: CMAP 501101 Residential or Housing Construction
CMAP 501102 Non-residential Construction
CMAP 501200 Construction of Urbanization Projects
CMAP 501311 Construction of Industrial Plants
CMAP 501312 Construction of Electricity Generation
Plants
CMAP 501321 Construction and Maintenance of
Electricity Conduction Lines and Networks
CMAP 501411 Mounting or Installing Concrete
Structures
CMAP 501412 Mounting or Installing Metallic
Structures
CMAP 501421 Marine and River Works
CMAP 501422 Construction of Routes for Land
Transportation
CMAP 502001 Hydraulic and Sanitation Installations in
Buildings
CMAP 502002 Electrical Installations in Buildings
CMAP 502003 Telecommunications Installations
CMAP 502004 Other Special Installations
CMAP 503001 Earth Movement
CMAP 503002 Cement Works
CMAP 503003 Underground Excavations
CMAP 503004 Underwater Works
CMAP 503005 Installation of Signs and Warnings
CMAP 503006 Demolition
CMAP 503007 Construction of Water Purification or
Treatment Plants
CMAP 503009 Drilling Water Wells
CMAP 503010 Construction Activities not Elsewhere
Classified
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment), Cap¡tulos II y III
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
DESCRIPTION: Investment
Prior approval of the Comisi¢n
Nacional de Inversiones Extranjeras is
required for investors of another
Party or their investments to own,
directly or indirectly, more than 49
percent of the ownership interests of
an enterprise established or to be
established in Mexico that carry out
construction activities as set out in
the classification mentioned above.
DURATION: Five years after the entry into force
of this Agreement, investors of
another Party and their investments
may own 100 percent of the ownership
interests of such enterprises without
Comisi¢n Nacional de Inversiones
Extranjeras' prior approval.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Construction
SUB-SECTOR: Not applicable
INDUSTRY CLASSIFICATION: CMAP 503008 Exploration and drilling
works and services done by specialized
contractors excluding the case when
these same works and services are done
by personnel of PEMEX in the
activities classified under industrial
classification 220000.
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution), T¡tulo
I Cap¡tulo I.
Ley Reglamentaria del Art¡culo 27
Constitucional en el Ramo del Petr¢leo
(Regulatory Law of Article 27 of the
United Mexican States Political
Constitution in matters related with
Petroleum)
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment) Cap¡tulo I
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Investment
Risk-sharing services contracts are
prohibited.
Prior approval of the Comisi¢n
Nacional de Inversiones Extranjeras is
required for investors of another
Party and their investments to own,
directly or indirectly, more than 49
percent of the ownership interests of
an enterprise established or to be
established in Mexico involved in
"non-risk sharing" service contracts
for the drilling of petroleum and gas
wells.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Educational Services
SUB-SECTOR: Private Schools
INDUSTRY CLASSIFICATION: CMAP 921101 Preschool Private
Educational Services
CMAP 921102 Primary School Private
Educational Services
CMAP 921103 Secondary School Private
Educational Services
CMAP 921104 Middle High School Private
Educational Services
CMAP 921105 Higher Private Educational
Services
CMAP 921106 Private Educational
Services that Combine Preschool,
Primary, Secondary, Middle High and
Higher Instruction
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
Ley Para la Coordinaci¢n de la
Educaci¢n Superior (Law for the
Coordination of the Higher Education),
Cap¡tulo II
Ley Federal de Educaci¢n (Education
Law), Cap¡tulo III
DESCRIPTION: Investment
Prior approval of the Comisi¢n
Nacional de Inversiones Extranjeras is
required for investors of another
Party or their investments to own,
directly or indirectly, more than 49
percent of the ownership interests of
an enterprise established or to be
established in Mexico that operates
educational services as set out in the
classification mentioned above.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Energy
SUB-SECTOR: Commercialization of Petroleum Products
INDUSTRY CLASSIFICATION: CMAP 623050 Retail Sales of Gas of
liquified petroleum gas (LPG),
including the installation of fixed
deposits when the facilities are built
by the same establishment.
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Reglamentaria del Art¡culo 27
Constitucional en el Ramo del Petr¢leo
(Regulatory Law of Article 27 of the
United Mexican States Political
Constitution related to Oil).
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment). Cap¡tulo I
Reglamento de la Ley Reglamentaria del
Art¡culo 27 Constitucional en el Ramo
de Petr¢leo (Reglamentation of the
Regulatory Law of Article 27 of the
United Mexican States Political
Constitution related to Oil)
Reglamento de la Distribuci¢n de
Gas.(Regulations of the Distribution
of LPG). Cap¡tulos I y II
(Autorizaciones y permisos)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
DESCRIPTION: Investment
Only Mexican nationals and Mexican
enterprises with foreigners' exclusion
clause may engage in the distribution
of liquified Petroleum gas.
SUB-SECTOR: Commercialization of Petroleum Products
INDUSTRY CLASSIFICATION: CMAP 6260000 Retail Outlets of
Gasoline and Diesel. Includes
Lubricants, Oils and Additives for
Resale in these Retail Outlets.
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Reglamentaria del Art¡culo 27
Constitucional en el Ramo del Petr¢leo
(Regulatory Law of Article 27 of the
United Mexican States Political
Constitution related to Oil)
Reglamento de la Ley Reglamentaria del
Art¡culo 27 Constitucional en el Ramo
del Petr¢leo (Reglamentation of the
Regulatory Law of Article 27 of the
United Mexican States Political
Constitution related to Oil).
DESCRIPTION: Only Mexican nationals and Mexican
enterprises with foreigners' exclusion
clause may acquire, establish and
operate retail outlets engaged in the
resale of gasoline, diesel,
lubricants, oils and additives.
DURATION: The description shall govern upon
entry into force of this Agreement
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Fishing
SUBÄSECTOR: Fishing
INDUSTRY CLASSIFICATION: CMAP 130011 Fishing on the High Seas
CMAP 130012 Coastal Fishing
CMAP 130013 Fresh Water Fishing
CMAP 130014 Fishing in the Economic Exclusive Zone
TYPE OF RESERVATION: National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de Pesca (Fishing Law) Cap¡tulo I.
Ley de Navegaci¢n y Comercio Mar¡timo
(Navigation and Maritime Commerce
Law), Libro II T¡tulo Unico Cap¡tulo V
Ley Federal del Mar (Federal Sea Law)
Ley Federal de Aguas (Federal Law of
Water)
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment).
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
DESCRIPTION: Investment
With respect to enterprises
established or to be established in
Mexico performing coastal fishing,
fresh water fishing and fishing in the
exclusive economic zone, investors of
another Party and their investments
may own, directly or indirectly, up to
49 percent of the ownership interest
of such enterprises.
With respect to enterprises
established or to be established in
Mexico performing fishing on the high
seas, prior approval of the Comision
Nacional de Inversiones Extranjeras is
required for investors of another
Party or their investments to own,
directly or indirectly, more than 49
percent of the ownership interests of
enterprises established or to be
established in Mexico performing
fishing on the high seas.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Manufacturing and Assembly of Goods
SUB-SECTOR: Auto Parts Industry
INDUSTRY CLASSIFICATION: CMAP 383103 Manufacturing of Parts and
Accessories for Electrical Automotive
Systems
CMAP 384121 Manufacture and Assembly
of Car and Truck Bodies and Tows
CMAP 384122 Manufacture of Car and
Trucks Motors and Their Parts
CMAP 384123 Manufacture of Car and
Truck Transmission System Parts
CMAP 384124 Manufacture of Car and
Truck Suspension System Parts
CMAP 384125 Manufacture of Car and
Truck Brake System Parts and
Accessories
CMAP 384126 Manufacture of Other Car
and Truck Parts and Accessories
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Annex 300-A (Trade and Investment in
the Automotive Industry Sector) of
this Agreement.
Ley Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment).
Reglamento de la Ley Para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
Decreto para el fomento y
modernizaci¢n de la Industria
Automotriz (Decree for the Development
and Modernization of the Automotive
Industry) ("Auto Decree").
Decreto que Determina Reglas para la
Aplicaci¢n del Decreto para el Fomento
y Modernizaci¢n de la Industria
Automotriz (Resolution that
Establishes Rules for the
Implementation of the Auto Decree)
("Auto Decree Implementing
Regulations").
DESCRIPTION: Investors of another Party and their
investments may own, directly or
indirectly, up to 49 percent of the
ownwership interests of an enterprise
established or to be established in
Mexico and engaged in the auto parts
industry.
Investors of another Party and their
investments that qualify as "national
suppliers" may own 100% of an
enterprise established or to be
established in Mexico engaged in the
manufactured of specified auto parts.
To qualify as "national supplier", the
enterprise must:
(a) obtain a national value added
calculated as set out in the
"Auto Decree Implementing
Regulations" of at least 20%;
and
(b) not be controlled or related,
directly or indirectly, to a
manufacturer of motor vehicles.
DURATION: Annex 300-A (Trade and Investment in
the Automotive Sectors) of Chapter
Three (National Treatment and Market
Access) shall govern.
Commencing on the sixth year after the
entry into force of this Agreement,
investors of another Party and their
investments may own 100 percent of the
ownership interests of an enterprise
established or to be established in
Mexico engaged in auto parts industry.
(See also page I-M-39 of this Schedule
- performance requirements)
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Manufacture of Goods
SUB-SECTOR: Automotive Industry
INDUSTRY CLASSIFICATION: CMAP 383103 Manufacturing of Parts and
Accessories for Electrical Automotive
Systems
CMAP 3841 Automotive Industry.
CMAP 384121 Manufacture and Assembly
of Car and Truck Bodies and Tows
CMAP 384122 Manufacture of Car and
Trucks Motors and Their Parts
CMAP 384123 Manufacture of Car and
Truck Transmission System Parts
CMAP 384124 Manufacture of Car and
Truck Suspension System Parts
CMAP 384125 Manufacture of Car and
Truck Brake System Parts and
Accessories
CMAP 384126 Manufacture of Other Car
and Truck Parts and Accessories
TYPE OF RESERVATION: Performance Requirements (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Annex 300-A (Trade and Investment in the Automotive Sector)
of Chapter Three (Market Access) of this Agreement
Decreto para el fomento y
modernizaci¢n de la Industria
Automotriz (Decree for the Development
and Modernization of the Automotive
Industry) ("Auto Decree")
Decreto que Determina Reglas para la
Aplicaci¢n del Decreto para el Fomento
y Modernizaci¢n de la Industria
Automotriz (Resolution that
Establishes Rules for the
Implementation of the Auto Decree)
("Auto Decree Implementing
Regulations")
DESCRIPTION: Investment
Annex 300-A (Trade and Investment in
the Automotive Sector) of Chapter
Three (Market Access) shall govern. A
summary of performance requirements in
the automotive industry follows:
(a) National value added shall
constitute at least 20% of the
total value of sales of an
enterprise of the autoparts
industry or of a "National
Supplier". In calculating the
national value added, custom
duties shall be included in the
value of imports.
(b) A manufacturer of motor vehicles
must attain specified levels of
national value added from
suppliers of Mexican parts
(enterprises of the autoparts
industry and national suppliers)
and must comply with specified
trade balance requirements in
order to receive permits for the
importation of new motor
vehicles.
(c) Manufacturers of
autotransportation vehicles may
only import the types of
autotransportation vehicles it
produces in Mexico and in a
quantity not exceed 50% of the
number of such vehicles it
produces in Mexico in a year.
DURATION: Annex 300-A (Trade and Investment in
the Automotive Sector) of Chapter
Three (Market Access) shall govern
upon entry into force of this
Agreement
Commencing on the sixth year after
entry into force of this Agreement
Mexico will eliminate restrictions on
the number of an autotransportation
vehicles that a manufacture
autotransportation vehicles may
import.
Commencing on the eleventh year after
the entry into force of this
Agreement, Mexico will eliminate all
performance requirements in the Auto
Decree
and the "Auto Decree Implementing
Regulations".
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Manufacture of Goods
SUB-SECTOR: Maquiladora Industry
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: Performance Requirements (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Aduanera (Customs Law)
Decreto para el Fomento y Operaci¢n de
la Industria Maquiladora de
Exportaci¢n (Decree for the Promotion
and Operation of Maquiladora Industry
for Export)
DESCRIPTION: Investment
Persons authorized by the Secretar¡a
de Comercio y Fomento Industrial to
operate under the "Maquiladora Decree"
may not sell to the domestic market
more than 50% of the total value of
its exports.
DURATION: Domestic market may not exceed:
(a) during the first year of entry
into force of this Agreement, 55%
of the total value of its
exports;
(b) during the second year after the
date of entry into force of this
Agreement, 60% of the total value
of its exports;
(c) during the third year after the
date of entry into force of this
Agreement, 65% of the total value
of its exports;
(d) during the fourth year after the
date of entry into force of this
Agreement, 70% of the total value
of its exports;
(e) during the fifth year after the
date of entry into force of this
Agreement, 75% of the total value
of its exports;
(f) during the sixth year after the
date of entry into force of this
Agreement, 80% of the total value
of its exports;
(g) during the seventh year after the
date of entry into force of this
Agreement, 85% of the total value
of its exports;
(h) from the eighth year after the
date of entry into force of this
Agreement and thereafter, persons
may not be subject to this
requirement.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Manufacture of Goods
SUB-SECTOR: Not applicable
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: Performance Requirements (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Reglamentaria del Art¡culo 131 de
la Constituci¢n Pol¡tica de los
Estados Unidos Mexicanos en Materia de
Comercio Exterior (Mexican Foreign
Trade Act)
Decreto para el Fomento y Operaci¢n de
las Empresas Altamente Exportadoras"
(Decree for the Promotion and
Operation of High-Export Firms)
DESCRIPTION: Investment
1. "Direct exporters" authorized by
the Secretar¡a de Comercio y Fomento
Industrial to operate under the "ALTEX
Decree" must export at least 40% of
their total sales or $2,000,000. U.S.
dollars.
2. "Indirect exporters" authorized by
the Secretar¡a de Comercio y Fomento
Industrial to
operate under the "ALTEX Decree" must
export at least 50% of their total
sales.
DURATION: Seven years after the entry into force
of this Agreement, direct and indirect
exporters will not be subject to the
above mencioned percentage.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Manufacture of Goods
SUB-SECTOR: Not applicable
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: Performance Requirements (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Reglamentaria del Art¡culo 131 de
la Constituci¢n Pol¡tica de los
Estados Unidos Mexicanos en Materia de
Comercio Exterior (Mexican Foreign
Trade Act).
Ley Aduanera (Customs Law).
Programa de Importaci¢n Temporal para
Producir Art¡culos de Exportaci¢n
(Temporal Import Program to Produce
Export Goods).
DESCRIPTION: Investment
Persons authorized by Secretar¡a de
Comercio y Fomento Industrial to
operate under the "PITEX Decree" are
required to:
(a) export at least 30% of their
total production for the
temporary entry of machinery,
equipment, instruments, molds and
durable tools used in the
manufacturing process; equipment
used to handle materials directly
related to exported such goods;
and research, industrial
security, quality control,
communication, training
personnel, computer and
environmental devices, equipment
and accessories or others related
with the process of the goods
exported.
(b) export at least 10% of their
total production or $500,000
U.S.dollars for the temporary
import of raw materials, parts
and components totally used as
inputs on the export merchandise,
packages, bottles, containers and
trailer's containers which are
fully used to contain export
merchandise; fuel, lubricants,
auxiliary materials, reparation
of tools and equipment consumed
in the export process.
DURATION: As from the eighth year after the date
of entry into force of this Agreement
such persons will not be subject to
the above mentioned percentages.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Manufacturing Industry
SUB-SECTOR: Artificial explosives, fireworks, firearms and cartridges
INDUSTRY CLASSIFICATION: CMAP 352236 Manufacturing of
Artificial Explosives and Fireworks
CMAP 382208 Manufacturing of Firearms
and Cartridges
TYPE OF RESERVATION: National Treatment (Article 1102) Senior Management
(Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal de Armas de Fuego y
Explosivos (Federal Law of Firearms
and Explosives) T¡tulo III Cap¡tulo I
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley Federal de Armas
de Fuego y Explosivos (Regulations of
the Federal Law of Firearms and
Explosives) Cap¡tulo IV
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Investment
Investors of another Party and their
investments may own, directly or
indirectly, up to 49 percent of the
ownership interest of an enterprise
established or to be established in
Mexico that manufacture artificial
explosives and fireworks, and
ammunition as set out in the
classification mentioned above.
Foreigners cannot appoint directors
nor become members of the board of
directors of such enterprises.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Mining
SUB-SECTOR: Extraction and Exploitation of Minerals
INDUSTRY CLASSIFICATION: CMAP 210000 Exploitation of Mineral Carbon
CMAP 231000 Extraction of Minerals
Containing Iron
CMAP 232001 Extraction of Minerals
Containing Gold, Silver and Other
Precious Minerals and Metals
CMAP 232002 Extraction of Mercury and
Antimony
CMAP 232003 Extraction of Industrial
Minerals Containing Lead and Zinc
CMAP 232004 Extraction of Minerals
Containing Copper
CMAP 232006 Extraction of Other
Metallic Minerals Not Containing Iron
CMAP 291001 Extraction of Sand and
Gravel
CMAP 291002 Extraction of Marble and
other Gravels for construction
CMAP 291003 Exploitation of Feldspar
CMAP 291004 Extraction of Kaolin, Clay
and Refractory Minerals
CMAP 291005 Extraction of Limestones
CMAP 291006 Exploitation of Gypsum
CMAP 292001 Extraction of Barium Oxide
CMAP 292002 Extraction of Phosphoric
Rock
CMAP 292003 Extraction of Fluorite
CMAP 292004 Extraction of Sulphur
CMAP 292005 Extraction of Other
Minerals in Order to Obtain Chemicals
CMAP 292006 Extraction of Salt
CMAP 292007 Extraction of Graphite
CMAP 292008 Extraction of other Non
Metallic Minerals
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Minera (Mining Law)
Ley Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley Minera (Mining
Law Regulations)
Reglamento de la Ley Para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Investment
Prior approval of the Comisi¢n
Nacional de Inversiones Extranjeras is
required for investors of another
Party or their investments to own,
directly or indirectly, more than 49
percent of the ownership interests of
an enterprise established or to be
established in Mexico engaged in the
extraction or exploitation of all kind
of minerals.
DURATION: The description shall govern upon the
entry into force of this Agreement.
Commencing on the sixth year after the
entry into force of this Agreement
investors of another Party and their
investments may own 100 percent of
ownership interests of an enterprise
established or to be established in
Mexico engaged in such activities.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Printing, Editing and Associated Industries
SUB-SECTOR: Newspaper Publishing
INDUSTRY CLASSIFICATION: CMAP 342001 Newspaper Publishing
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Investment
Investors of another Party and their
investments may own 100 percent of an
enterprise established or to be
established in Mexico engaged in the
simultaneous printing and distribution
in Mexico of a daily newspaper that is
published outside of Mexico.
Investors of another Party and their
investments may own, directly or
indirectly, up to 49 percent of an
enterprise established or to be
established in Mexico engaged in the
publication of daily newspapers
written primarily for a Mexican
audience and distributed in Mexico.
For purposes of this reservation,
daily newspapers are those published
at least five days a week.
DURATION: The description shall govern upon
entry into force of this Agreement.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Other
Services Provider by natural persons
SUB-SECTOR: Medical Doctors
INDUSTRY CLASSIFICATION: CMAP 9231 Private Medical,
Odontological and Veterinary Services
(limited to medical and odontological
services)
TYPE OF RESERVATION: National Treatment (Article 1202)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal del Trabajo (Federal Labor
Law)
DESCRIPTION: Cross-Border Services
Only Mexican nationals licensed as
doctors in Mexico may provide medical
in-house services in Mexican
enterprises.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Services
Provider by natural persons
SUB-SECTOR: Specialized Personnel
INDUSTRY CLASSIFICATION: CMAP 951012 Custom Brokers and
Representation Agency Services
(limited to shippers' export
declarations)
TYPE OF RESERVATION: National Treatment (Article 1202)
A shipper's export declaration must be
processed by a Mexican national
licensed as a customs broker (agente
aduanal) or by the representative
(apoderado aduanal) employed by the
exporter and authorized by the
Secretar¡a de Hacienda y Crdito
P£blico for this purpose.
DURATION: Indeterminate; subject to discussion
by the Parties five years after the
entry into force of this Agreement.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Other
Services Provider by natural persons
SUB-SECTOR: Professional Services
INDUSTRY CLASSIFICATION: CMAP 9510 Professional, Technical and
Specialized Services (limited to
Professional Services)
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal and State
LEGAL CITATION: Ley Reglamentaria del Art¡culo 5o.
Constitucional, relativo al ejercicio
de las profesiones en el Distrito
Federal y sus regulaciones (Regulatory
Law of Article 5 of the United Mexican
States Political Constitution in
relation to Professional Services and
its regulations) Cap¡tulo III, Secci¢n
Tercera,
Cap¡tulos IV y V
Equivalent State Laws
Ley General de Poblaci¢n (General
Population Law)
Cap¡tulo III
DESCRIPTION: Cross-Border Services
Only Mexican nationals may be licensed
at the federal level, in the Distrito
Federal, and in the States of Baja
California Sur, Colima, Chihuahua,
Durango, Jalisco, Estado de Mxico,
Morelos, Nayarit, Nuevo Le¢n, Puebla,
Quertaro, Sonora, Tabasco and
Veracruz in professions that require a
"cdula professional".
Only a permanent resident (inmigrado
or inmigrante) in Mexico may be
granted a waiver of the citizenship
requirement by the Supreme Court to be
licensed as a professional at the
federal level.
DURATION: Citizenship and permanent residency
requirements are subject to removal
within two years after the entry into
force of this Agreement in accordance
with Article 1210(3). Upon removal of
these requirements, a foreign
professional will be required to have
non-immigrant visitor status and an
address in Mexico.
With respect to legal services see
Mexico's Schedule in Annex II, p. M-
10.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and
Specialized Services and Services
Provided by natural persons
SUB-SECTOR: Professional Services
INDUSTRY CLASSIFICATION: CMAP 951002 Legal Services and Foreign
Legal Consultants
TYPE OF RESERVATION: National Treatment (Article 1102 and 1202)
Most-Favored-Nation Treatment
(Articles 1103 and 1203)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal and State
LEGAL CITATION: Ley Reglamentaria del Art¡culo 5o.
Constitucional, relativo al ejercicio
de las profesiones en el Distrito
Federal (Regulatory Law of Article 5'
of the United Mexican States Political
Constitution in relation to
Professional Services), Cap¡tulo I,
Cap¡tulo III, Secci¢n Tercera
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Cross Border Services and Investment
Except as provided for in this
reservation, only lawyers licensed in
Mexico may have an ownership interest
in a law firm established in Mexico.
Lawyers licensed in a Canadian
province that allows partnerships
between lawyers licensed in that
province and lawyers licensed in
Mexico, will be permitted to form
partnerships with lawyers licensed in
Mexico.
The number of lawyers licensed in
Canada serving as partners, and their
ownership interest in the partnership,
shall not exceed the number of lawyers
licensed in Mexico serving as
partners, and their ownership interest
in the partnership. A lawyer licensed
in Canada shall not be allowed to
practice or advise on Mexican law.
A law firm established in Mexico
resulting from the partnership of
lawyers licensed in Canada and lawyers
licensed in Mexico may hire lawyers
licensed in Mexico as employees.
Lawyers licensed in Canada will be
subject to the regime for foreign
legal consultants established in page
M-2 of Schedule VI.
DURATION: The description shall govern upon
entry into force of this Agreement.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Services
Provided by natural persons
SUB-SECTOR: Professional Services
INDUSTRY CLASSIFICATION: CMAP 951003 Accounting and Auditing
Services (limited to accounting
services)
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: C¢digo Fiscal de la Federaci¢n,
(Federal Tax Code), T¡tulo Tercero,
Cap¡tulo Unico
Reglamento del C¢digo Fiscal de la
Federaci¢n, (Regulations of the
Federal Tax Code)
Reglamento de la Ley Para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Cross-Border Services
Only Mexican nationals who are
licensed as accountants in Mexico are
authorized to perform audits for tax
purposes on behalf of the following:
(a) state enterprises,
(b) enterprises that are authorized
to receive tax-deductible donations,
(c) enterprises with income, capital
stock, number of employees, and
operations above levels specified
annually by the Secretar¡a de
Hacienda y Crdito P£blico, or
(d) enterprises undergoing a merger
or divestiture.
DURATION: Citizenship and permanent residency
requirements are subject to removal
within two years after the entry into
force of this Agreement in accordance
with Article 1210(3). Upon removal of
these requirements, a foreign
professional will be required to have
non-immigrant visitor status and an
address in Mexico.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Services
Provided by natural persons
SUB-SECTOR: Specialized Services
INDUSTRY CLASSIFICATION: CMAP 951001 Notary Public (limited to
Corredores P£blicos)
TYPE OF RESERVATION: National Treatment (Articles 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal and State
LEGAL CITATION: C¢digo de Comercio (Commerce Code),
Libro Primero, T¡tulo Tercero
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
DESCRIPTION: Cross-Border Services
1. Only a Mexican by birth may be
licensed to be a commercial notary
public.
2. A commercial notary public may not
have any business affiliations with
any person to provide commercial
notary public services.
DURATION: 1. Citizenship and permanent residency
requirements are subject to removal
within two years after the entry into
force of this Agreement in accordance
with Article 1210(3). Upon removal of
these requirements, a foreign
professional will be required to have
non-immigrant visitor status and an
address in Mexico.
2. Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Services
Provided by Natural Persons
SUB-SECTOR: Specialized Services
INDUSTRY CLASSIFICATION: CMAP 951001 Notary Public
TYPE OF RESERVATION: National Treatment (Article 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal and State
LEGAL CITATION: Ley del Notariado del Distrito Federal
(Notary Law of the Federal District,
and its equivalents at state laws)
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Cross-Border Services and Investment
Only Mexicans by birth may be licensed
to be notaries public.
A notary public may not have any
business affiliations with any person
to provide notary public services.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Services
Provided by Natural Persons
SUB-SECTOR: Specialized Services
INDUSTRY CLASSIFICATION: CMAP 923121 Private Veterinary
Services to Cattle
TYPE OF RESERVATION: National Treatment (Article 1202)
LEVEL OF GOVERNMENT: Federal, State and Local
LEGAL CITATION: Reglamento de Control de Productos
Qu¡mico-Farmacuticos, Biol¢gicos,
Alimenticios, Equipos y Servicios para
Animales, (Chemical Products Control
Regulations) Cap¡tulos IV y V
DESCRIPTION: Cross-Border Services
Veterinarians responsible for
enterprises managing chemical,
pharmaceutical and biological goods
for application to animals must be
Mexican nationals. A Mexican national
who is a licensed professional must be
responsible for the laboratories of
such enterprises.
DURATION: Citizenship and permanent residency
requirements are subject to removal
within two years after the entry into
force of this Agreement in accordance
with Article 1210(3). Upon removal of
these requirements, a foreign
professional will be required to have
non-immigrant visitor status and an
address in Mexico.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Retail Commerce
SUB-SECTOR: Sales of Non-Food Products in Specialized Establishment
INDUSTRY CLASSIFICATION: CMAP 623087 Sales of Firearms,
Cartridges and Ammunition
CMAP 612024 Wholesale Commerce, not
elsewhere Classified (limited to a
firearms, cartridges and ammunition)
TYPE OF RESERVATION: National Treatment (Article 1102)
Senior Managment (Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal de Armas de Fuego y
Explosivos (Federal Law of Firearms
and Explosives), T¡tulo Tercero,
Cap¡tulo I
Reglamento de la Ley de Armas de Fuego
y Explosivos (Regulation of the
Federal Law of Firearms and
Explosives), Cap¡tulo IV
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Investment
Investors of another Party and their
investments may own, directly and
indirectly, up to 49 percent of the
ownership interest of an enterprise
established or to be established in
Mexico that sells firearms, cartridges
and ammunition as set out in the
classification mentioned above
Foreigners cannot appoint or elect
members to be directors nor become
members of the board of directors of
such enterprises.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Religious Services
SUB-SECTOR: Not applicable
INDUSTRY CLASSIFICATION: CMAP 929001 Religious Services
TYPE OF RESERVATION: Senior Management (Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de Asociaciones Religiosas y Culto
Privado (Religious Associations Law).
T¡tulo II, Cap¡tulo II
DESCRIPTION: Investment
The representatives of the religious
associations in Mexico must be Mexican
nationals.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Services to Agriculture and Cattle
SUB-SECTOR: Services to Agriculture
INDUSTRY CLASSIFICATION: CMAP 971010 Agriculture Services Supply
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos, (United Mexican
States Political Constitution) Article
32
Reglamento de la Ley de Sanidad
Fitopecuaria (Regulation of the
Phitosanitary Law), Cap¡tulo VII
DESCRIPTION: Cross-Border Services
A concession granted by the Secretar¡a
de Agricultura y Recursos Hidr ulicos
is required to spray pesticides.
Only Mexican nationals or Mexican
enterprises may obtain such
concession.
DURATION: The requirement of a concession will
be replaced with a permit requirement,
and the citizenship requirement will
be eliminated, in accordance with the
schedule of liberalization for
specialty air services.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Air Transportation
INDUSTRY CLASSIFICATION: CMAP 713001 Transportation
Services on Mexican-Registered
Aircraft
CMAP 713002 Air Taxi Transportation
Services
TYPE OF RESERVATION: National Treatment (Article 1102)
Senior Management (Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera(Law to Promote Mexican
Investment and to Regulate Foreign
Investment), Cap¡tulo I
Reglamento de la Ley Para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera(Regulation of the
Law to Promote Mexican Investment and
to Regulate Foreign Investment)
Ley de V¡as Generales de
Comunicaci¢n(General Means of
Communications Law), Libro Cuarto,
Cap¡tulo I-XII
DESCRIPTION: Investment
Investors of another Party and their
investments may own directly or
indirectly, up to 25 percent of the
voting interest in an enterprise
established or to be established in
Mexico that provides commercial air
services. The chairman and at least
two-thirds of the board of directors
and two-thirds of managing officers of
such enterprises must be Mexican
nationals.
DURATION: Description shall govern upon entry
into force of this Agreement.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Air Transportation
INDUSTRY CLASSIFICATION: CMAP 973303 Specialty Air Services
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
Senior Management (Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro Cuarto, Cap¡tulo XII
DESCRIPTION: Cross-Border Services
1. A permit issued by the Secretar¡a
de Comunicaciones y Transportes (SCT)
is required to provide all specialty
air services in the territory of
Mexico.
2. Such permit may be issued to a
person of Canada and the United States
to provide services related to flight
training, forest fire-management,
fire-fighting, glider towing, and
parachute jumping in Mexico, subject
to compliance with national safety
rules.
3. Such permit may not be issued to a
person of Canada or the United States
to provide: aerial advertising, aerial
sightseeing services, aerial
construction, heli-logging, inspection
(surveillance), mapping, photography,
surveying and aerial spraying
services.
Investment
Investors of another Party and their
investments may own, directly or
indirectly, up to 25 percent of the
voting interest in an enterprise
established or to be established in
Mexico that provides specialty air
services. The chairman and at least
two-thirds of the board of directors
and two-thirds of managing officers of
such enterprises must be Mexican
nationals.
DURATION: Cross-Border Services
Paragraphs 2 and 3 of the description
shall govern upon entry into force of
this Agreement.
A person of Canada or the United
States will be issued a permit by SCT
to provide, subject to compliance with
safety requirements, the following
specialty air services:
(a) three years after entry into
force of the Agreement, aerial
advertising, aerial sightseeing
services, aerial construction and
heli-logging.
(b) six years after entry into force
of this Agreement, inspection
(surveillance), mapping,
photography, surveying and aerial
spraying services.
Investment
Description shall govern upon entry
into force of this Agreement
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Air Transportation
INDUSTRY CLASSIFICATION: CMAP 384205 Aircraft Building,
Assembly and Repair (limited to
aircraft repair)
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution),
Art¡culo 32
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro Cuarto, Cap¡tulo XV
Reglamento de Talleres Aeron uticos
(Aeronautical Workshops Regulation)
Article 8
DESCRIPTION: Cross-Border Services
A concession granted by the Secretar¡a
de Comunicaciones y Transportes is
required to establish and operate an
aircraft repair facility. Only Mexican
nationals and Mexican enterprises may
obtain such concession.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Air Transportation
INDUSTRY CLASSIFICATION: CMAP 973301 Air Navigation Services
CMAP 973302 Airport and Heliport
Administration Services
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution),
Art¡culo 32
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro Primero, Cap¡tulo II y II, Libro
Cuarto, Cap¡tulo IX
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera(Law to Promote Mexican
Investment and to Regulate Foreign
Investment) Libro Primero, Cap¡tulo II
y III, Libro Cuarto, Cap¡tulo IX
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera(Regulation of the
Law to Promote Mexican Investment and
to Regulate Foreign Investment)
DESCRIPTION: Cross-Border Services
A concession granted by the Secretar¡a
de Comunicaciones y Transportes is
required to construct and operate, or
operate, airports and heliports and to
provide air navigation services. Only
Mexican nationals and Mexican
enterprises may obtain such
concession.
Investment
Prior approval of the Comisi¢n
Nacional de Inversiones Extranjeras is
required for investors of another
Party or their investments to own,
directly or indirectly, more than 49
percent of the ownership interest of
an enterprise established or to be
established in Mexico engaged in the
following activities:
(a) construction and operation of
airports or heliports;
(b) operation of airports or
heliports; or
(c) provision of air navigation
services.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Land Transportation
INDUSTRY CLASSIFICATION: CMAP 973101 Bus and Truck Station
Administration and Ancillary Services
(main bus and truck terminals and bus
and truck stations)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro Primero, Cap¡tulo II y III,
Libro Segundo, T¡tulo Segundo,
Cap¡tulos I y II, T¡tulo Tercero,
Cap¡tulo Unico
Reglamento para el Aprovechamiento del
Derecho de V¡a de las Carreteras
Federales y Zonas Aleda¤as
(Regulations for the Use of the Right
of Way of Federal Roads and their
Adjacent Areas), Cap¡tulos II y IV
Reglamento del Autotransporte Federal
de Pasajeros, (Regulations of the
Federal Transport of Passengers), and
34 Cap¡tulo IV
DESCRIPTION: Cross-Border Services
A permit issued by the Secretar¡a de
Comunicaciones y Transportes is
required to establish or operate a bus
or truck station or terminal. Only
Mexican nationals and Mexican
enterprises with a foreigners'
exclusion clause may obtain such
permit.
Investment
Foreign investment is not permitted in
an enterprise established or to be
established in Mexico engaged in the
establishment or operation of bus or
truck station or terminals as
described in the industry
classification mentioned above.
DURATION: Cross-Border Services
Description shall govern upon entry
into force of this Agreement.
Three years after signature of this
Agreement, such permit may be obtained
by Mexican nationals and Mexican
enterprises.
Investment
With respect to enterprises
established or to be established in
Mexico providing such service
investors of another Party and their
investment may own:
(a) three years after the signature
of this Agreement, up to 49
percent of ownership interest of
the enterprise;
(b) seven years after the entry into
force of this Agreement, up to 51
percent of the ownership interest
of the enterprise; and
(c) ten years after the entry into
force of this Agreement, up to
100 percent of the enterprise.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Land Transportation
INDUSTRY CLASSIFICATION: CMAP 973102 Road and Bridge
Administration Services and Ancillary
Services
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution),
Art¡culo 32
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro Primero, Cap¡tulos I, II y III,
Libro Segundo, T¡tulo Segundo,
Cap¡tulo II, T¡tulo Tercero, Cap¡tulo
Unico
DESCRIPTION: Cross-Border Services
A concession granted by the Secretar¡a
de Comunicaciones y Transportes is
required to provide road and bridge
administration services and ancillary
services. Only Mexican nationals and
Mexican enterprises may obtain such
concession.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Land Transportation
INDUSTRY CLASSIFICATION: CMAP 711312 Urban and Suburban
Passenger Transportation Service by
Bus
CMAP 711315 Collective Automobile
Transportation Service
CMAP 711316 Established Route
Automobile Transportation Service
CMAP 711317 Automobile Transportation
Service from a Specific Station
CMAP 711318 School and Tourist
Transportation Service (limited to
school transportation service)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
LEVEL OF GOVERNMENT: Federal and State
LEGAL CITATION: Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote General
Investment and to Regulate Foreign
Investment)
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulation of
the Law to Promote General Investment
and to Regulate Foreign Investment)
Reglamento para el Autotransporte
Federal de Pasajeros (Regulations of
the Federal Transport of Passengers)
State laws [to be provided]
DESCRIPTION: Cross-Border Services and Investment
Only Mexican nationals and Mexican
enterprises with a foreigners'
exclusion clause may provide local bus
services, school bus services and taxi
and other collective transportation
services.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Land Transportation
INDUSTRY CLASSIFICATION: CMAP 711201 Road Transport Services
for Construction Materials
CMAP 711202 Road Transport Moving
Services
CMAP 711203 Other Services of
Specialized Cargo Transportation
CMAP 711204 General Trucking Services
CMAP 711311 Inter-City Busing Services
CMAP 711318 School and Tourist
Transportation Services (limited to
tourist transportation services).
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: State
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution),
Art¡culo 32
State laws and its regulations
equivalent to Ley de V¡as Generales de
Comunicaci¢n (General Means of
Communication Law) [to be provided]
Libro Primero, T¡tulo Segundo,
Cap¡tulo II, Libro Primero, Cap¡tulo
III
DESCRIPTION: Cross-Border Services
In each state, a concession is
required to provide intrastate bus and
truck services on roads under the
jurisdiction of such state. Such
concession is provided on the basis of
economic needs tests.
Preferences in the granting of such
concessions by states is accorded to
natural persons born in such states
and enterprises constitued by persons
born in such states, including the
states of Michoac n, San Luis Potos¡,
Tamaulipas, Tlaxcala and Zacatecas.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Land Transportation
INDUSTRY CLASSIFICATION: CMAP 711201 Road Transport Services
for Construction Materials
CMAP 711202 Road Transport Moving
Services
CMAP 711203 Other Services of
Specialized Cargo Transportation
CMAP 711204 General Trucking Services
CMAP 711311 Inter-City Busing Services
CMAP 711318 School and Tourist
Transportation Services (limited to
tourist transportation services)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
and its regulations [to be provided]
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera, (Law to Promote General
Investment and to Regulate Foreign
Investment)
Memorandum de Entendimiento entre los
Estados Unidos Mexicanos y los Estados
Unidos de Norteamrica para la
promoci¢n de Servicios de Transporte
Tur¡stico de Ruta Fija, (Memorandum of
Understanding Between the United
States of America and the United
Mexican States on Facilitation of
Charter/Tour Bus Service)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera, (Regulation of
the Law to Promote General Investment
and to Regulate Foreign Investment)
DESCRIPTION: Cross-Border Services
A permit issued by the Secretar¡a de
Comunicaciones y Transportes is
required to provide bus or truck
services for the transportation of
goods or passengers to or from the
territory of Mexico. Only Mexican
nationals and Mexican enterprises with
a foreigners' exclusion clause may
provide such services, except that a
person of Canada or the United States
may be granted permanent operating
authority to provide international
charter or tour bus services into the
territory of Mexico.
Only Mexican nationals, and Mexican
enterprises with a foreigners'
exclusion clause, using Mexican
registered equipment and drivers who
are Mexican nationals, may provide bus
and truck services for the
transportation of goods and passangers
between two points in the territory of
Mexico.
Investment
Foreign investment is not permitted in
an enterprise established or to be
established in Mexico engaged in bus
or truck transportation services as
described in the industry
classification mentioned above.
DURATION: Cross-Border Services
Description shall govern upon entry
into force of this Agreement.
A person of Canada or of the United
States will be permitted to provide:
(a) three years after signature of
this Agreement, cross-border
truck services to or from the
territory of border states (Baja
California, Sonora, Chihuahua,
Coahuila, Tamaulipas and Nuevo
Le¢n), and such person will be
permitted to enter and depart
Mexico through different ports of
entry in such states;
(b) three years after signature of
this Agreement, only Mexican
nationals and Mexican
enterprises, using
Mexican-registered equipment and
drivers who are Mexican
nationals, may provide bus and
truck services for the
transportation of goods and
passengers between two points in
the territory of Mexico.
(c) three years after entry into
force of this Agreement,
cross-border scheduled bus
services to or from the territory
of Mexico; and
(d) six years after entry into force
of this Agreement, cross-border
truck services to or from the
territory of Mexico.
Investment
With respect to enterprises
established or to be established in
Mexico providing such services,
investors of another Party may own:
(a) three years after signature of
this Agreement, up to 49 percent
of ownership of an enterprise
providing bus services, tourist
transportation services and truck
services for the transportation
of international cargo, between
points in the territory of
Mexico;
(b) seven years after entry into
force of this Agreement, up to 51
percent of the ownership interest
of an enterprise providing bus
services, tourist transportation
services or truck services for
the transportation of
international cargo, between
points in the territory of
Mexico; and
(c) ten years after entry into force
of this Agreement, up to 100
percent ownership interest of an
enterprise providing bus
services, tourist services and
truck services for the
transportation of international
cargo, between points in the
territory of Mexico.
Foreign ownership in enterprises
providing truck services for the
carriage of domestic cargo will not be
permitted. Indeterminate.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUB-SECTOR: Land Transportation and Water Transportation
INDUSTRY CLASSIFICATION: CMAP 501421 Marine and River Works
CMAP 501422 Construction of Roads for
Land Transportation
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos, (Political
Constitution of the United Mexican
States) Art¡culo 32
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communications Law)
Libro Primero, Cap¡tulos I, Libro
Segundo, Cap¡tulo I
DESCRIPTION: Cross-Border Services
A concession granted by the Secretar¡a
de Comunicaciones y Transportes is
required to construct and operate, or
operate, marine and river works and
roads for land transportation. Such
concession may be granted only to
Mexican nationals and Mexican
enterprises.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Non-energy pipelines
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution)
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Articles 8, 12 and 5
Ley Federal de Aguas(Waters Federal
Law)
DESCRIPTION: Cross-Border Services
A concession granted by the Secretar¡a
de Comunicaciones y Transportes is
required to construct and operate, or
operate, pipelines carrying non-energy
goods, excluding basic petrochemicals.
Only Mexican nationals and Mexican
enterprises may obtain such
concession.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Freight and Passenger Water Transportation
INDUSTRY CLASSIFICATION: CMAP 712011 International Maritime
Transportation Services
CMAP 712012 Cabotage Maritime Services
CMAP 712013 International and Cabotage
Towing Services
CMAP 712021 River and Lake
Transportation Services
CMAP 712022 Internal Port Water
Transportation Services
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation (Articles 1103, 1203)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Cap¡tulo III, Libro Tercero
Ley para el Desarrollo de la Marina
Mercante (Law for the Development of
the Merchant Navy), Cap¡tulos I y III
Ley de Navegaci¢n y Comercio Mar¡timos
(Navigation and Maritime Navigation
Law)
Libro Segundo, T¡tulo Unico, Cap¡tulos
I y IIILey Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
DESCRIPTION: Cross-Border Services and Investment
Maritime cabotage services, including
off-shore maritime services, are
reserved to Mexican-flagged vessels. A
waiver may be granted by the
Secretar¡a de Comunicaciones y
Transportes when Mexican-flagged
vessels are not able to provide such
services.Only Mexican flagged vessels
may transport cargo owned by the
Federal Government.
Foreign-flagged vessels may provide
international maritime services in
Mexico on the basis of reciprocity
with the relevant country. Only
Mexican-flagged towing vessels may
provide towing services from Mexican
ports to foreign ports. When such
towing vessels are not able to provide
such services, the Secretar¡a de
Comunicaciones y Transporte may
provide a permit to foreign-flagged
towing vessels.Only a Mexican national
or a Mexican enterprise with a
foreigners' exclusion clause may own
vessels registered and flagged as
Mexican. All members of the board of
directors and managers of such
enterprise must be Mexican nationals.
Prior approval of the Comisi¢n
Nacional de Inversiones Extranjeras is
required for investors of another
Party or their investments, to own,
directly or indirectly, more the 49
percent of the ownership interest of
an enterprise established or to be
established in Mexico operating
foreign-flagged vessels providing
international maritime transport
services.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUB-SECTOR: Specialized Personnel
INDUSTRY CLASSIFICATION: CMAP 951012 Customs Brokers (Agentes
Aduanales)
TYPE OF RESERVATION: National Treatment (Article 1102)
LEGAL CITATION:
Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution)
Ley Aduanera (Customs Law)
DESCRIPTION: Investment
Only Mexican nationals by birth may
serve as customs brokers.
DURATION:
Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Water Transportation
INDUSTRY CLASSIFICATION: CMAP 1300 Fishing
TYPE OF RESERVATION: National Treatment (Article 1202)
Most-Favored-Nation (Article 1203)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
Stated Political Constitution),
Art¡culo 32
Ley de Pesca (Fishing Law), Cap¡tulos
I y II
Ley de Navegaci¢n y Comercio Mar¡timo
(Navigation and Maritime Commerce Law)
Libro Segundo, T¡tulo Unico, Cap¡tulo
I
DESCRIPTION: Cross-Border Services
A concession granted, or permit
issued, by the Secretar¡a de Pesca is
required to engage in fishing
activities in Mexican jurisdictional
waters. Only Mexican nationals and
Mexican enterprises, using
Mexican-flagged vessels, may obtain
such concession or permit. Permits may
exceptionally be issued to persons
operating vessels flagged in a foreign
country that provides equivalent
treatment to Mexican-flagged vessels
to engage in fishing activities in the
Exclusive Economic Zone (EEZ).
Only Mexican nationals and Mexican
enterprises may obtain authorization
from the Secretar¡a de Pesca for deep
sea fishing on Mexican-flagged
vessels, fixed rigging installation,
recollection from the natural milieu
of larvae, post-larvae, eggs, seeds or
alevines, for research or acuaculture
purposes, introduction of live species
into Mexican jurisdictional waters,
and for educational fishing in
accordance with the programmes of the
fishing educational institutions.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Water Transportation
INDUSTRY CLASSIFICATION: CMAP 384201 Shipbuilding and Ship
Repairs
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
Performance Requirement (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
Stated Political Constitution),
Art¡culo 32
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law)
Cap¡tulo XV, Libro Tercero
Ley Para el Desarrollo de la Marina
Mercante (Law for the Development of
the Merchant Navy), Cap¡tulo IV
DESCRIPTION: Cross-Border Services and Investment
A concession granted by the Secretar¡a
de Comunicaciones y Transportes is
required to establish and operate a
shipyard. Only Mexican nationals and
Mexican enterprises may obtain such
concession.
For the owner of a Mexican-flagged
vessel to be eligible for government
cargo preferences, subsidies and tax
benefits granted under the Ley para el
Desarrollo de la Marina Mercante, such
person must carry out repair and
maintenance operations in shipyards
and repair facilities in Mexico.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Water Transportation
INDUSTRY CLASSIFICATION: CMAP 973203 Maritime and Inland (Lake
and Rivers) Ports Administration
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de Navegaci¢n y Comercio Mar¡timo
(Navigation and Maritime Commerce
Law), Libro Segundo, Cap¡tulo II
Secciones A y B, T¡tulo Unico
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Cap¡tulo XI
DESCRIPTION: Cross-Border Services
All port workers must be Mexican
nationals.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Water Transportation
INDUSTRY CLASSIFICATION: CMAP 973201 Loading and Unloading
Services Related to Water
Transportation (includes operation and
maintenance of docks; Loading and
unloading of vessels at shore-side;
marine cargo handling; operation and
maintenance of piers; ship and boat
cleaning; stevedoring; transfer of
cargo between ships and trucks,
trains, pipelines and wharfs;
waterfront terminal operations)
TYPE OF RESERVATION: National Treatment (Article 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution),
Art¡culo 32
Ley de Navegaci¢n y Comercio Mar¡timo
(Navigation and Maritime Commerce
Law), Libro Primero, T¡tulo Unico,
Cap¡tulo I, Libro Segundo, T¡tulo
Segundo
Ley Org nica de la Administraci¢n
P£blica Federal (Federal Public
Administration Law)
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law)
Libro Tercero, Cap¡tulo II
Reglamento del Servicio de Maniobras
en las Zonas Federales de Puertos,
Articles 1, 2, 13 and 14
(Operation Services in the Federal
Port Zones Regulation), Libro Primero,
T¡tulo Unico, Cap¡tulo I, Libro
Segundo, T¡tulo Unico, Cap¡tulo II,
Secci¢n A y Libro Cuarto, T¡tulo Unico
Reglamento para el Uso y
Aprovechamiento del Mar Territorial,
V¡as Navegables, Playas, Zona Federal
Mar¡timo Terrestre y Terrenos Ganados
al Mar, (Regulation for the Use of the
Territorial Sea, Navigable Ways,
Beaches, Maritime and Terrestrial
Federal Zones)
DESCRIPTION: Cross-Border Services
A concession granted by the Secretar¡a
de Comunicaciones y Transportes is
required to construct and operate, or
operate, maritime and inland port
terminals, including dock, cranes and
related facilities. Only Mexican
nationals and Mexican enterprises may
obtain such concession.
A permit issued by the Secretar¡a de
Comunicaciones y Transportes is
required to provide stevedoring and
warehousing services. Only Mexican
nationals and Mexican enterprises may
obtain such permit.
Investment
Prior approval of the Comisi¢n
Nacional de Inversiones Extranjeras is
required for investors of another
Party or their investments to own
directly or indirectly, more than 49
percent of the ownership interest of
an enterprise established or to be
established in Mexico providing to
third persons the following services:
operation and maintenance of docks;
loading and unloading of vessels at
shore-side; marine cargo handling;
operation and maintenance of piers;
ship and boat cleaning; stevedoring;
transfer of cargo between ships and
trucks, trains, pipelines and wharves;
and waterfront terminal operations.
DURATION: Cross-Border Services
Indeterminate
Investment
Description shall govern upon entry
into force of this Agreement.
ANNEX II
1. The Schedule of a Party sets out the reservations taken by
that Party, pursuant to Articles 1108(4) and 1206(4), with respect
to specific sectors, sub-sectors or activities for which it may
maintain existing, non-conforming measures or adopt new or more
restrictive measures. Such measures may derogate from an
obligation relating to:
(a) national treatment, pursuant to Article 1102 (Investment)
or 1202 (Services);
(b) most-favored-nation treatment, pursuant to Article 1103
(Investment) or 1203 (Services);
(c) local presence, pursuant to Article 1205 (Services);
(d) performance requirements, pursuant to Article 1106
(Investment); or
(e) nationality requirements for senior management or members
of boards of directors, pursuant to Article 1107
(Investment).
2. Each reservation sets out the following elements:
(a) SECTOR refers to the general sector in which the
reservation is taken;
(b) SUB-SECTOR refers to the specific sector in which the
reservation is taken;
(c) INDUSTRY CLASSIFICATION refers to the activity, where
appropriate, covered by the reservation according to
domestic industry classification codes;
(d) TYPE OF RESERVATION specifies the obligation referred to
in paragraph 1 for which a reservation is taken;
(e) DESCRIPTION describes the scope of the sector, sub-sector
or activities covered by the reservation; and
(f) LEGAL CITATION OF EXISTING MEASURES identifies existing
measures that apply to the sector, sub-sector or
activities covered by the reservation.
3. In the interpretation of a reservation, all elements of the
reservation should be considered. In the event of any
inconsistency between DESCRIPTION and any other element of the
reservation, the DESCRIPTION shall govern to the extent of the
inconsistency.
4. For purposes of this Annex:
CMAP means Clasificaci¢n Mexicana de Actividades y Productos;
CPC means Central Product Classification numbers as set out in
Statistical Office of the United Nations, Statistical Papers,
Series M, No. 77, Provisional Central Product Classification,
1991;
Mexican enterprise means an enterprise constituted under the laws
of Mexico;
Mexican national means a national of Mexico, as defined by the
Constitution of Mexico;
person of a Party means a national or an enterprise of a Party; and
SIC means:
(a) with respect to Canada, Standard Industrial
Classification (SIC) numbers as set out in Statistics
Canada, Standard Industrial Classification, fourth
edition, 1980; and
(b) with respect to the United States, Standard Industrial
Classification (SIC) numbers as set out in the United
States Office of Management and Budget, Standard
Industrial Classification Manual, 1987.
ANNEX II
Schedule of United States
SECTOR: Communication
SUB-SECTOR: Cable Television
INDUSTRY CLASSIFICATION: SIC 4841 Cable and Other Pay Television Services
TYPE OF RESERVATION: National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103)
DESCRIPTION:Investment
Subject to Article 2106, the United
States reserves the right to adopt or
maintain any measure that accords
equivalent treatment to persons of any
country that limits ownership by
persons of the United States in an
enterprise engaged in the operation of
a cable television system in that
country.
SUB-SECTOR: Telecommunications Transport Networks and Services
and Radio Communications
INDUSTRY CLASSIFICATION: CPC 752 Telecommunications Services
(Not Including CPC 752323 Value-Added
Network Services or CPC 752329 Other
Message Services)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Senior Management (Article 1107)
DESCRIPTION: Cross-Border Services and Investment
The United States reserves the right
to adopt or maintain any measure
relating to investment in, or the
provision of, telecommunications
transport networks and
telecommunications transport services
or to radio communications. These
measures apply to such matters as
market entry, spectrum assignment,
tariffs, intercarrier agreements,
terms and conditions of service, and
interconnection between networks and
services. Telecommunications transport
services typically involve the real-
time transmission of customer-supplied
information between two or more points
without end-to-end change in the form
or content of the customer's
information, whether or not such
services are offered to the public
generally. These services include
voice and data services provided by
any electromagnetic means. Radio
communications include all
communications by radio, including
broadcasting. This reservation does
not apply to measures relating to
enhanced or value-added services.
LEGAL CITATION OF EXISTING MEASURES:
Communications Act of 1934, as
amended, 47 U.S.C. 151 et seq., see
particularly 310(a), (b) (1988)
(radio licenses for common carrier,
aeronautical en route, aeronautical en
route, aeronautical fixed, and
broadcasting services), and any
Federal Communications Commission
rules or policies adopted pursuant to
Title 47 of the United States Code,
including F.C.C. Decision,
International Competitive Carrier, 102
F.C.C. 2d 812 (1985)
An Act relating to the Landing and
Operation of Submarine Cables in the
United States, as amended, 47 U.S.C.
34-9 (1988), see particularly 35
(Submarine Cable Landing Act)
(undersea cables)
Communications Satellite Act of 1962,
as amended, 47 U.S.C. 701-57 (1988)
Children's Television Act of 1990, 47
U.S.C. 303a (1990)
Television Program Improvement Act of
1990, 47 U.S.C. 303c (1990)
=============================================================================
ANNEX II
Schedule of United States
SECTOR: Social Services
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
Senior Management (Article 1107)
DESCRIPTION: Cross-Border Services and Investment
The United States reserves the right
to adopt or maintain any measure with
respect to the provision of public law
enforcement and correctional services,
and the following services to the
extent they are social services
established or maintained for a public
purpose: income security or
insurance, social security or
insurance, social welfare, public
education, public training, health,
and child care.
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
Performance Requirements (Article 1106)
Senior Management (Article 1107)
DESCRIPTION: Cross-Border Services and Investment
The United States reserves the right
to adopt or maintain any measure
according rights or preferences to
socially or economically disadvantaged
minorities, including corporations
organized under the laws of the State
of Alaska in accordance with the
Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Senior Management (Article 1107)
DESCRIPTION: Cross-Border Services and Investment
Subject to page VI-U-3, the United
States reserves the right to adopt or
maintain any measure relating to the
provision of legal services, including
foreign legal consultancy services, by
persons of Mexico.
INDUSTRY CLASSIFICATION: SIC 2711 Newspapers: Publishing, or Publishing
and Printing
TYPE OF RESERVATION: National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103)
DESCRIPTION: Investment
Subject to Article 2106, the United
States reserves the right to adopt or
maintain any measure that accords
equivalent treatment to persons of any
country that limits ownership by
persons of the United States in an
enterprise engaged in the publication
of daily newspapers primarily written
for audiences and distributed in that
country.
For purposes of this reservation,
daily newspapers are newspapers
published at least five days each
week.
INDUSTRY CLASSIFICATION: SIC 4412 Deep Sea Foreign Transportation of Freight
(limited to promotional programs)
SIC 4424 Deep Sea Domestic Transportation of Freight
(includes coastwise transportation of freight,
deep sea domestic freight transportation,
intercoastal transportation of freight, water
transportation of freight to noncontiguous
territories)
SIC 4432 Freight Transportation on the
Great Lakes and St. Lawrence Seaway
SIC 4449 Water Transportation of Freight, Not
Elsewhere Classified (includes canal barge
operations, canal freight transportation,
intracoastal freight transportation,
lake freight transportation except on
the Great Lakes, log rafting and
towing, river freight transportation
except on the St. Lawrence Seaway,
transportation of freight on bays and
sounds of the oceans)
SIC 4481 Deep Sea Transportation of
Passengers, Except by Ferry (limited
to promotional programs)
SIC 4482 Ferries
SIC 4489 Water Transportation of
Passengers, Not Elsewhere Classified
(includes airboats, swamp buggy rides,
excursion boat operations, passenger
water transportation on rivers and
canals, sightseeing boats, water taxis)
SIC 4492 Towing and Tugboat Services
SIC 4499 Water Transportation
Services, Not Elsewhere Classified
(limited to cargo salvaging,
chartering of commercial boats,
lighterage, bunkering, marine salvage,
pilotage, steamship leasing, cable
laying)
SIC 4491 - Marine Cargo Handling
(limited to crew activities aboard
vessels transporting supplies and
cargo within U.S. territorial waters
and longshore work performed by crew
affected by reciprocity restrictions)
SIC 1629 Heavy Construction, Not
Elsewhere Classified (limited to
marine dredging)
SIC 091 Commercial Fishing (limited to
fishing vessels and fishing operations
within the Exclusive Economic Zone)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Performance Requirements (Article 1106)
Senior Management (Article 1107)
DESCRIPTION: Cross-Border Services and Investment
The United States reserves the right
to adopt or maintain any measure
relating to the provision of maritime
transportation services and the
operation of U.S.-flagged vessels,
including the following:
(a) requirements for investment in,
ownership and control of, and
operation of vessels and other
marine structures, including
drill rigs, in maritime cabotage
services, including maritime
cabotage services performed in
the domestic offshore trades, the
coastwise trades, U.S.
territorial waters, waters above
the continental shelf, and in the
inland waterways;
(b) requirements for investment in,
ownership and control of, and
operation of U.S.-flagged vessels
in foreign trades;
(c) requirements for investment in,
ownership and control of, and
operation of vessels engaging in
fishing and related activities in
U.S. territorial waters and the
Exclusive Economic Zone (EEZ);
(d) requirements related to
documenting a vessel under the
U.S. flag;
(e) promotional programs, including
tax benefits, available for
shipowners, operators and vessels
meeting certain requirements;
(f) certification, licensing and
citizenship requirements for crew
members on U.S.-flagged vessels;
(g) manning requirements of
U.S.-flagged vessels;
(h) all matters falling under the
jurisdiction of the Federal
Maritime Commission;
(i) negotiation and implementation of
bilateral and other international
maritime agreements and
understandings;
(j) limitations on longshore work
performed by crew members;
(k) tonnage duties and light money
assessments for entering U.S.
waters; and
(l) certification, licensing, and
citizenship requirements for
pilots performing pilotage
services in U.S. territorial
waters.
The following activities are not
included in this reservation:
(a) vessel construction and repair;
and
(b) landside aspects of port
activities including operation
and maintenance of docks, loading
and unloading of vessels directly
to or from land, marine cargo
handling, operation and
maintenance of piers, ship
cleaning, stevedoring, transfer
of cargo between a ship and
trucks, trains, pipelines and
wharves, waterfront terminal
operations, boat cleaning, canal
operation, dismantling of ships,
operation of marine railways for
drydocking, marine surveyors,
except cargo, marine wrecking of
ships for scrap and ship
classification societies.
LEGAL CITATION OF EXISTING MEASURES: Merchant Marine Act of 1920, 27, 46
App. U.S.C. 883 et seq. (Jones Act,
including Bowaters Corporations, 46
App. U.S.C. 883-1);
Jones Act Waiver Statute, Act of
December 27, 1950, 46 U.S.C. App.,
note preceding Sec. 1;
Shipping Act of 1916, 9, 46 U.S.C.
App. 808;
Shipping Act of 1916, 2, 46 U.S.C.
App. 802;
Merchant Marine Act of 1936, 905(c),
46 U.S.C. App. 1244;
Merchant Ship Sales Act of 1946, 50
U.S.C. App. 1738;
46 U.S.C. App. 292;
46 U.S.C. 12101 et seq. and 31301 et
seq.;
46 U.S.C. App. 316 and 8904;
Passenger Vessel Act, 46 U.S.C. 289;
Merchant Marine Act of 1936, Title VI,
46 U.S.C. App. 1171, et seq.
(includes Capital Construction Fund --
46 App. U.S.C. 1177, 26 U.S.C. 7518)
and the Merchant Marine Act of 1936,
Title V, 46 U.S.C. App. 1151, et seq.
(includes Capital Reserves Fund, 46
App. U.S.C. 1161 and trade in of
obsolete vessels, 46 App. U.S.C.
1160(1) and for National Defense
Reserve Fleet, 46 App. 1160(i));
46 U.S.C. 31328(2);
Merchant Marine Act of 1936, Title XI,
46 U.S.C. App. 1271, et seq. (includes
Marine Hull Insurance Requirements --
46 App. U.S.C. 1273(b) and 46 U.S.C.
Part 249);
Tonnage Duties, 46 App. U.S.C. 121;
Merchant Marine Act of 1936, 901(a)
and (b), 46 App. U.S.C. 1241(b);
Public Resolution 17, 46 App. U.S.C.
1241-1; and the Cargo Preference Act
of 1904, 10 U.S.C. 2631;
Environmental laws: CERCLA (superfund)
42 U.S.C. 9601 et seq.; and Oil
Pollution Act of 1990, 33 U.S.C. 2701;
Clean Water Act, 33 U.S.C. 1251 et
seq.;
Merchant Marine Act of 1920, 19 as
amended, 46 App. U.S.C. 876; Shipping
Act of 1984, 13(b)(5); 46 App. U.S.C.
1712 (b)(5); and the Foreign Shipping
Practices Act of 1988; Omnibus Trade
and Competitiveness Act of 1988, Title
X, 46 App. U.S.C. 1710a;
Immigration Act of 1990, 203, 8
U.S.C. 1288, restrictions on
stevedoring by crews of foreign
vessels;
46 U.S.C. 8103;
Nicholson Act, 46 U.S.C. App. 251;
Commercial Fishing Industry Vessel
Anti-Reflagging Act of 1987, 46 U.S.C.
2101 and 46 U.S.C. 12108;
43 U.S.C. 1841;
22 U.S.C. 1980;
Intercoastal Shipping Act, 46 App.
U.S.C. 843;
46 U.S.C. 9302, 46 U.S.C. 8502;
Agreement Governing the Operation of
Pilotage on the Great Lakes, Exchange
of Notes at Ottawa, August 23, 1978,
and March 29, 1979, Treaties and
International Agreements Service 9445;
46 U.S.C. 12107(b); and
Magnuson Fisheries Conservation and
Management Act, 16 U.S.C. 1801, et
seq.
ANNEX II
Schedule of Canada
SECTOR: Aboriginal Affairs
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Performance Requirements (Article 1106)
Senior Management (Article 1107)
DESCRIPTION:Investment and Cross-Border Services
Canada reserves the right to adopt or
maintain any measure denying investors
of another Party and their
investments, or service providers of
another Party, any rights or
preferences provided to aboriginal
peoples.
LEGAL CITATION OF EXISTING MEASURES:
[Constitution Act, 1982 and any
relevant legislation or policy]
=============================================================================
ANNEX II
Schedule of Canada
SECTOR: Social Services
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
Senior Management (Article 1107)
DESCRIPTION: Investment and Cross-Border Services
Canada reserves the right to adopt or
maintain any measure with respect to
the provision of public law
enforcement and correctional services,
and the following services to the
extent that they are social services
established or maintained for a public
purpose: income security or insurance,
social security or insurance, social
welfare, public education, public
training, health, and child care.
LEGAL CITATION OF EXISTING MEASURES:
=============================================================================
ANNEX II
Schedule of Canada
SECTOR: Communications
SUB-SECTOR: Telecommunications Transport Networks
and Services, Radiocommunications and
Submarine Cables
INDUSTRY CLASSIFICATION: CPC 752 Telecommunications Services
TYPE OF RESERVATION: National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103)
Senior Management (Article 1107)
DESCRIPTION: Investment
Canada reserves the right to adopt or
maintain any measure relating to
investment in telecommunications
transport networks and
telecommunications transport services,
radiocommunications and submarine
cables, including ownership
restrictions and measures concerning
corporate officers and directors and
place of incorporation.
This reservation does not apply to
providers of Value-Added Networks (CPC
752323) and Other Message Services
(CPC 752329) whose underlying
telecommunications transmission
facilities are leased from providers
of public telecommunications transport
networks.
LEGAL CITATION OF EXISTING MEASURES:
Bell Canada Act, S.C. 1987, c.19
British Columbia Telephone Company
Special Act, S.C. 1916, c.66
Teleglobe Canada Reorganization and
Divestiture Act, R.S.C. 1985, c.T-4
Telesat Canada Act, R.S.C. 1985, c.T-6
Radiocommunication Act, R.S.C. 1985,
c.R-2; as amended by S.C.1989 c.1,
c.17
Telegraphs Act R.S.C. 1985, c.T-5
Telecommunications Policy Framework,
1987
Telecommunications Act (Bill C-62)
=============================================================================
ANNEX II
Schedule of Canada
SECTOR: Communications
SUB-SECTOR: Telecommunications Transport Networks and Services,
Radiocommunications and Submarine Cables
INDUSTRY CLASSIFICATION: CPC 752 Telecommunication Services
(not including CPC 752323
value-Added Network Service
or CPC 752329 Other Message
Services)
TYPE OF RESERVATION: National Treatment (Article 1202)
Most-Favored-Nation Treatment (Article 1203)
Local Presence (Article 1205)
DESCRIPTION: Cross-Border Services
Canada reserves the right to adopt or
maintain any measure relating to
radio-communications, submarine
cables, and the provision of
telecommunications transport networks
and telecommunications transport
services. These measures apply to
such matters as market entry, spectrum
assignment, tariffs, intercarrier
agreements, terms and conditions of
service, interconnection between
networks and services, and routing
requirements that impede the provision
of telecommunications transport
networks and telecommunications
transport services, radio
communication and submarine cables, on
a cross-border basis.
Telecommunications transport services
typically involve the real-time
transmission of customer-supplied
information between two or more points
without any end-to-end change in the
form or content of the customer's
information, whether or not such
services are offered to the public
generally. These services include
voice and data services by wire,
radiocommunication or any other
electromagnetic means of transmission.
This reservation does not apply to
measures relating to the cross-border
provision of enhanced or value-added
services.
LEGAL CITATION OF EXISTING MEASURES:
Bell Canada Act, S.C. 1987, c. 19
British Columbia Telephone Company
Special Act, S.C. 1916, c.66
Railway Act, R.S.C. 1985, c.R-3
Radiocommunication Act, R.S.C. 1985,
c.R-2; as amended by S.C. 1989, c.1,
c.17
Telegraphs Act, R.S.C. 1985, c.T-5
Telecommunications Policy Framework,
1987
Telecommunications Act (Bill C-62)
CRTC Decisions, including (85-19),
(90-3), (91-10), (91-21), (92-11),
(92-12)
=============================================================================
Annex II
Schedule of Canada
SECTOR: Government Finance
SUB-SECTOR: Securities
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Article 1102)
DESCRIPTION: Investment
Canada reserves the right to adopt or
maintain any measure relating to the
acquisition or sale or other
disposition of bonds, treasury bills,
or other kinds of debt securities
issued by the Government of Canada, a
province or local government by
nationals of another Party.
============================================================================
ANNEX II
Schedule of Canada
SECTOR: minority Affairs
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
Performance Requirements (Article 1106)
Senior Management (Article 1107)
DESCRIPTION: Cross-Border Services and Investment
Canada reserves the right to adopt or
maintain any measure according rights
or preferences to socially or
economically disadvantaged minorities.
LEGAL CITATION OF EXISTING MEASURES:
None
=============================================================================
ANNEX II
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Air Transportation
INDUSTRY CLASSIFICATION: SIC 4513 Non-Scheduled Air Transport,
Specialty Industry
TYPE OF RESERVATION: National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103)
Senior Management (Article 1107)
DESCRIPTION: Investment
Canada reserves the right to adopt or
maintain any measure that restricts
the acquisition or establishment of an
investment in Canada for the provision
of specialty air services to a
Canadian national or a corporation
incorporated and having its principal
place of business in Canada, its chief
executive officer and not fewer than
2/3 of its directors as Canadian
nationals, and not less than 75% of
its voting interest owned and
controlled by persons otherwise
meeting these requirements.
LEGAL CITATION OF EXISTING MEASURES:
Aeronautics Act, R.S.C., 1985, c. A-2
Air Regulations, C.R.C., Vol.I, c.2
Air Regulations Series 2, No.2
(Aircraft Marking and Registration
Regulations), SOR/90-591
=============================================================================
ANNEX II
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Water Transportation
INDUSTRY CLASSIFICATION: SIC 4541 Freight and Passenger Water
Transport Industry
SIC 4542 Ferry Industry
SIC 4543 Marine Towing Industry
SIC 4549 Other Water Transport
Industries
SIC 4552 Harbour and Port Operation
Industries
SIC 4553 Marine Salvage Industry
SIC 4554 Piloting Service, Water
Transport Industry
SIC 4559 Other Service Industries
Incidental to Water
Transport
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Performance Requirements (Article 1106)
Senior Management (Article 1107)
DESCRIPTION: Cross-Border Services and Investment
Canada reserves the right to adopt or
maintain any measure relating to the
investment in or provision of maritime
cabotage services, including:
(a) the transportation of goods or
passengers by vessel between
points in the territory of Canada
and the Exclusive Economic Zone;
(b) with respect to waters above the
continental shelf, the
transportation of goods in
relation to the exploration,
exploitation, or transportation
of the mineral or non-living
natural resources of the
continental shelf; and
(c) the engaging by vessel in any
maritime activity of a commercial
nature in the territory of Canada
and the Exclusive Economic Zone
and, with respect to waters above
the continental shelf, in such
other maritime activities of a
commercial nature in relation to
the exploration, exploitation or
transportation of mineral or non-
living natural resources of the
continental shelf.
This reservation relates to, among
other things, local presence
requirements for service providers
entitled to participate in these
activities, the criteria for the
issuance of a temporary cabotage
license to foreign vessels, and limits
on the number of cabotage licenses
issued to foreign vessels.
LEGAL CITATION OF EXISTING MEASURES:
Coasting Trade Act, S.C., 1992, c. 31
Canada Shipping Act, R.S.C., 1985, c.
S-9
Customs Act, R.S.C., 1985, c.1 (2nd
Supp.)
Customs and Excise Offshore
Application Act, R.S.C., 1985, c. C-53
=============================================================================
ANNEX II
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Water Transportation
INDUSTRY CLASSIFICATION: SIC 4541 Freight and Passenger Water
Transport Industry
SIC 4542 Ferry Industry
SIC 4543 Marine Towing Industry
SIC 4549 Other Marine Transport
Industries
SIC 4551 Marine Cargo Handling
Industry
SIC 4552 Harbour and Port
OperationIndustry
SIC 4553 Marine Salvage Industry
SIC 4554 Piloting Service, Water
Transport Industry
SIC 4559 Other Service Industries
Incidental to Water
Transport
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Performance Requirements (Article 1106)
Senior Management (Article 1107)
DESCRIPTION: Cross-Border Services and Investment
Canada reserves the right to adopt or
maintain any measure denying service
providers or investors of the United
States, or their investments, the
benefits accorded service providers or
investors of Mexico or any other
country, or their investments, in
sectors equivalent to those subject to
the maritime services reservation
inscribed in page II-U-8.
LEGAL CITATION OF EXISTING MEASURES: None
=============================================================================
ANNEX II
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Water Transportation
INDUSTRY CLASSIFICATION: SIC 4541 Freight and Passenger Water
Transport Industry
SIC 4542 Ferry Industry
SIC 4543 Marine Towing Industry
SIC 4549 Other Marine Transport
Industries
SIC 4551 Marine Cargo Handling
Industry
SIC 4552 Harbour and Port Operation
Industry
SIC 4553 Marine Salvage Industry
SIC 4554 Piloting Service, Water
Transport Industry
SIC 4559 Other Service Industries
Incidental to Water
Transport
TYPE OF RESERVATION: National Treatment (Article 1202)
Most-Favored-Nation Treatment (Article 1203)
Local Presence (Article 1205)
DESCRIPTION: Cross-Border Services
Canada reserves the right to adopt or
maintain any measure relating to the
implemention of agreements,
arrangements and other formal or
informal undertakings with other
countries with respect to maritime
activities in waters of mutual
interest in such areas as pollution
control (including double hull
requirements for oil tankers), safe
navigation, barge inspection
standards, water quality, pilotage,
salvage, drug abuse control, and
maritime communications.
LEGAL CITATION OF EXISTING MEASURES:
United States Wreckers Act, R.S.C.
1985, c. U-3
Various Agreements and Arrangements,
including:
(a) Memorandum or Arrangement on
Great Lakes Pilotage;
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
DESCRIPTION: Cross-Border Services and Investment
Mexico reserves the right to adopt or
maintain any measure restricting the
ownership of bonds, treasury bills or
any other kind of debt or security
issued by the federal, state or local
governments except with respect to
ownership by financial institutions of
another Party, as such term is defined
in Chapter Fourteen (Financial
Services).
LEGAL CITATION OF EXISTING MEASURES:
=============================================================================
ANNEX II
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Entertainment Services (Broadcasting
and Multipoint Distribution Systems (MDS))
INDUSTRY CLASSIFICATION: CMAP 941104 Private Production and
Transmission of Radio Programs
(Limited to Transmission of Radio
Programs, MDS and uninterrupted music)
CMAP 941105 Private Services of
Production, Transmission and
Repetition of Television Programming
(Limited to Transmission and
Repetition of Television Programs,
MDS, and High-Definition Television)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation (Articles 1103, 1203)
Local Presence (Article 1205)
Senior Management (Article 1106)
DESCRIPTION: Cross-Border Services and Investment
Mexico reserves the right to adopt or
maintain any measure relating to
investment in or provision of
broadcasting, multipoint distribution
systems, uninterrupted music and
high-definition television services.
LEGAL CITATION OF EXISTING MEASURES:
Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution)
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law)
Ley Federal de Radio y Televisi¢n
(Radio and Television Federal Law)
Ley Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
=============================================================================
ANNEX II
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Telecommunications
INDUSTRY CLASSIFICATION: CMAP 720006 Other Telecommunications
Services (Limited to Aeronautical
Mobile and Fixed Services)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation (Articles 1103, 1203)
Local Presence (Article 1205)
DESCRIPTION: Cross-Border Services and Investment
Mexico reserves the right to adopt or
maintain any measure relating to
investment in or provision of air
traffic control, aeronautical
meteorology, aeronautical
telecommunications, flight control and
other telecommunication services
relating to air navigation services.
LEGAL CITATION OF EXISTING MEASURES:
Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution)
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law)
Decree creating the entity "Servicios
a la navegaci¢n en el espacio areo
mexicano" (SENEAM) (Air Services in
the Mexican Air Space), 3 de octubre
de 1978
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
=============================================================================
ANNEX II
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Telecommunications Transport Networks
INDUSTRY CLASSIFICATION: CMAP 720003 Telephone Services
CMAP 720004 Telephone Booth Services
CMAP 720006 Other Telecommunications
Services (Not Including Enhanced or
Value-Added Services)
CMAP 502003 Telecommunications
installations
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation (Articles 1103, 1203)
Local Presence (Article 1205)
DESCRIPTION: Cross-Border Services and Investment
Mexico reserves the right to adopt or
maintain any measure relating to
investment in, or provision of,
telecommunications transport networks
and telecommunication transport
services. Telecommunications transport
networks include the facilities to
provide telecommunications transport
services such as local basic telephone
services, long-distance telephone
services (national and international),
rural telephone services, cellular
telephone services, telephone booth
services, satellite services,
trunking, paging, mobile telephony,
maritime telecommunication services,
air telephone, telex, and data
transmission services.
Telecommunications transport services
typically involve the real-time
transmission of customer-supplied
information between two or more points
without any end-to-end change in the
form or content of the customer's
information, whether or not such
services are offered to the public
generally.
LEGAL CITATION OF EXISTING MEASURES:
Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution)
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law)
Reglamento de Telecomunicaciones
(Telecommunications Regulations)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
=============================================================================
ANNEX II
Schedule of Mexico
SECTOR: Communications and Transportation
SUB-SECTOR: Postal Services, Telecommunications, Railroads
INDUSTRY CLASSIFICATION: CMAP 720001 Postal Services
CMAP 720006 Other Telecommunications
services (limited to satellite
communications)
CMAP 711101 Railway Transportation
Service (limited to operation,
administration and control of traffic
within the Mexican railway system,
supervision and management of railway
rights-of-way, construction,
operation, and maintenance of basic
railway infrastructure)
TYPE OF RESERVATION: National Treatment (Article 1202)
Most-favored-Nation Treatment (Article 1203)
Local Presence (Article 1205)
DESCRIPTION: Cross-Border Services
Mexico reserves the right to adopt or
mantain any measure related to the
provision of the following services:
postal services (operation,
administration and organization of
first class mail), telegraph,
radiotelegraphy, satellite
communications (establishment,
ownership and operation of satellite
systems, and establishment, ownership
and operation of earth stations with
international links), and railroads
(operation, administration and control
of traffic within the Mexican railway
system, supervision and management of
railway rights-of-way, construction,
operation, and maintenance of basic
railway infrastructure).
LEGAL CITATION OF EXISTING MEASURES:
Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos, (United Mexican
States Political Constitution) Article
28
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communications Law
and its regulations)
Ley Org nica de Ferrocarriles
Nacionales de Mxico (Mexican National
Railroad Law)
Ley del Servicio Postal Mexicano
(Mexican Postal Services Law and its
regulations)
=============================================================================
ANNEX II
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Other
Services Provided by Natural Persons
SUB-SECTOR: Professional Services
INDUSTRY CLASSIFICATION: CMAP 951002 Legal Services/Foreign
Legal Consultants
TYPE OF RESERVATION: National Treament (Article 1102, 1202)
Most-Favored-Nation Treatment (Article 1103, 1203)
Local Presence (Article 1205)
Senior Management (Article 1107)
DESCRIPTION: Cross-Border Services and Investment
Subject to page VI-M-2, Mexico
reserves the right to adopt or
maintain any measure relating to the
provision of legal services and
foreign legal consultancy services by
person of the United States.
LEGAL CITATION OF EXISTING MEASURES:
Ley Reglamentaria del Art¡culo 5o.
Constitucional, relativo al ejercicio
de las profesiones en el Distrito
Federal (Regulatory Law of Article 5'
of the United Mexican States Political
Constitution in relation to
Professional Services)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
=============================================================================
ANNEX II
Schedule of Mexico
SECTOR: Social Services
SUB-SECTOR: Not applicable
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Article 1102, 1202)
Local Presence (Article 1205)
Senior Management (Article 1107)
DESCRIPTION: Cross-Border Services and Investment
Mexico reserves the right to adopt or
maintain any measure with respect to
the provision of public law
enforcement and correctional services,
and the following services to the
extent they are social services
established or maintained for a public
purpose: income security or
insurance, social security or
insurance, social welfare, public
education, public training, health,
and child care.
LEGAL CITATION OF EXISTING MEASURES:
=============================================================================
ANNEX II
Schedule of Mexico
INDUSTRY CLASSIFICATION: Ship Captains (Capitanes)
Aircraft Pilots (Pilotos)
Ship Masters (Patrones)
Ship Machinists (Maquinistas)
Ship Mechanics (Mec nicos)
Airport Administrators (Comandantes de
Aer¢dromos)
Harbor Masters (Capitanes de Puerto)
Harbor Pilots (Pilotos de Puerto)
Customs Brokers (Agentes Aduanales)
Crew on Mexican flagged vessels and
aircraft (Personal que tripule
cualquier embarcaci¢n o aeronave con
bandera o insignia mercante mexicana)
TYPE OF RESERVATION: National Treament (Article 1202)
Most-Favored-Nation Treatment (Article 1203)
Local Presence (Article 1205)
DESCRIPTION: Cross-Border Services
Only Mexicans by birth may serve as
captains, pilots, ship masters,
machinists, mechanics and crew members
manning vessels or aircraft under the
Mexican flag; as harbor pilots, harbor
masters and airport administrators;
and as customs brokers.
LEGAL CITATION OF EXISTING MEASURES:
Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos, (Political
Constitution of United Mexican States)
ANNEX III Schedule of Mexico
I. The Mexican State reserves the right to perform exclusively,
and to refuse to permit the establishment of investments in, the
following activities:
1. Petroleum, other Hydrocarbons and Basic Petrochemicals
(a) Description of activities
(i) exploration and exploitation of crude oil and
natural gas; refining or processing of crude oil
and natural gas; and production of artificial gas,
basic petrochemicals and their feedstocks and
pipelines; and,
(ii) foreign trade; transportation, storage and
distribution up to and including first hand sales
of the following goods: crude oil; natural and
artificial gas; goods obtained from the refining
or processing of crude oil and natural gas; and
basic petrochemicals.
(b) Legal citation:
Constituci¢n Pol¡tica de los Estados Unidos Mexicanos,
Articles 25, 27 and 28 (United Mexican States Political
Constitution, Articles 25, 27 and 28).
Ley Reglamentaria del Art¡culo 27 Constitucional en el
Ramo del Petr¢leo y sus reglamentos (Regulatory Law of
Article 27 of the United Mexican States Constitution
related to Oil, and its regulations).
Ley Org nica de Petr¢leos Mexicanos y Organismos
Subsidiarios (Statutory Law of Petr¢leos Mexicanos and
its Subsidiaries).
=============================================================================
ANNEX III
Schedule of Mexico
2. Electricity
(a) Description of activities: the supply of electricity as
a public service in Mexico, including, except as
provided in Annex 602.3 of the Energy Chapter, the
generation, transmission, transformation, distribution
and sale of electricity.
(b) Legal citation:
Constituci¢n Pol¡tica de los Estados Unidos Mexicanos,
Articles 25 and 28 (United Mexican States Political
Constitution, Articles 25 and 28).
Ley del Servicio P£blico de Energ¡a Elctrica y su
reglamento (Public Service of Electric Energy Law, and
its Regulations)
3. Nuclear Power and Treatment of Radioactive Minerals
(a) Description of activities: the generation of nuclear
energy; the exploration, exploitation and processing of
radioactive minerals; the nuclear fuel cycle; the use
and reprocessing of nuclear fuels and the regulation of
their applications for other purposes; the
transportation and storage of nuclear wastes; and the
production of heavy water.
(b) Legal citation:
Constituci¢n Pol¡tica de los Estados Unidos Mexicanos,
Articles 25, 27 and 28 (United Mexican Constitution,
Article 25, 27 and 28).
Ley Reglamentaria del Art¡culo 27 Constitucional en
Materia de Energ¡a Nuclear (Regulatory Law of the
Aticle 27 of the United Mexican Constitution related to
Atomic Energy).
(a) Description of activities: the establishment, operation
and ownership of satellite systems and earth stations
with international links.
(b) Legal citation:
Constituci¢n Pol¡tica de los Estados Unidos Mexicanos,
Articles 25 and 28 (United Mexican States, Articles 25
and 26).
Ley de V¡as Generales de Comunicaci¢n y sus reglamentos
(General Means of Communication Law)
5. Telegraph Services
Legal citation:
Constituci¢n Pol¡tica de los Estados Unidos Mexicanos,
Articles 25 and 28 (United Mexican States, Articles 25 and
28)
Ley de V¡as Generales de Comunicaci¢n y sus reglamentos
(General Means Communication Law)
6. Radiotelegraph Services
Legal citation:
Constituci¢n Pol¡tica de los Estados Unidos Mexicanos,
Articles 25 and 28 (United Mexican States Political
Constitution, Article 25 and 28)
Ley de V¡as Generales de Comunicaci¢n y sus reglamentos
(Genral Means of Communication Law).
=============================================================================
ANNEX III
Schedule of Mexico
7. Postal Services
(a) Description of activities: operation, administration
and organization of first class mail.
(b) Legal citation:
Constituci¢n Pol¡tica de los Estados Unidos Mexicanos,
Articles 25 and 28 (United Mexican States Political
Constitution, Articles 25 and 28).
Ley del Servicio Postal Mexicano (Mexican Postal
Service Law)
8. Railroads
(a) Description of activities: the operation,
administration and control of traffic within the
Mexican railway system; supervision and management of
railway right-of-way; operation, construction and
maintenance of basic railway infrastructure.
(b) Legal citation:
Constituci¢n Pol¡tica de los Estados Unidos Mexicanos,
Articles 25 and 28 (United Mexican States Political
Constitution, Articles 25 y 28).
Ley Org nica de Ferrocarriles Nacionales de Mxico
(Statutory Law of Mexican Railroads).
9. Issuance of Bills (currency) and Minting of Coinage
Legal citation:
Constituci¢n Pol¡tica de los Estados Unidos Mexicanos,
Articles 25 and 28 (United Mexican States Political
Constitution, Articles 25 and 28).
=============================================================================
ANNEX III
Schedule of Mexico
Ley Org nica del Banco de Mxico (Statutory Law of Banco de
Mxico).
Ley Org nica de la Casa de Moneda de Mxico (Statutory Law
of the Mexican Coining Agency).
10. Control, Inspection and Surveillance of Maritime and Inland
(Lake and River) Ports
Legal citation:
Ley de Navegaci¢n y Comercio Mar¡timo (Commercial and
Navigation Law), Articles 43 and 47.
Ley de V¡as Generales de Comunicaci¢n (General Means of
Communication Law) Article 272.
11. Control, Inspection and Surveillance of Airports and
Heliports
Legal citation:
Ley de V¡as Generales de Comunicaci¢n (General Means of
Communication) Article 327.
The legal citations are provided only for transparency purposes.
II. Deregulation of Activities Reserved to the State
1. The activities set out in Section I are reserved to the
Mexican State, and private equity investment is prohibited under
Mexican Law. Where Mexico allows private investment to
participate in such activities through service contracts,
concessions, lending arrangements or any other type of
contractual arrangement, such participation shall not be
construed to affect the State's reservation of those activities.
2. If Mexican laws or regulations are amended to allow private
equity investment in an activity set out in Section I, Mexico may
impose restrictions on foreign investment
=============================================================================
ANNEX III
Schedule of Mexico
participation notwithstanding Article 1102 and describe them in
Annex I. Mexico may also impose derogations from 1102 on foreign
equity investment participation when selling an asset or
ownership interest in an enterprise in activities set out in
Section I and describe them in Annex I.
III. Activities Formerly Reserved to the Mexican State
Where an activity was reserved to the Mexican State on
January 1, 1992 and is not reserved to the Mexican State upon
entry into force of this Agreement, Mexico may restrict the
initial sale of a state-owned asset or an ownership interest in a
state enterprise that performs that activity to enterprises with
majority ownership by Mexican nationals, as defined by the
Mexican Constitution. For a period not to exceed three years from
the initial sale, Mexico may restrict the transfer of such asset
or ownership interest to other enterprises with majority
ownership by Mexican nationals, as defined by the Mexican
Constitution. Upon expiration of the three year period , the
obligations of national treatment set out in Article 1102
(National Treatment) shall apply. This provision is subject to
Article 1108 (Reservations and exceptions).
ANNEX IV
The Schedule of a Party sets out the reservations taken by
that Party pursuant to Article 1108(7) with respect to Article
1103 (Most-Favored-Nation Treatment). Each reservation sets out
the sector, subsector or activities to which it applies.
ANNEX IV
Schedule of the United States
The United States takes an exception to Article 1103 for all
international agreements (bilateral and multilateral) in force or
signed prior to the date of entry into force of this Agreement.
As for international agreements other than those in force or
signed prior to the date of entry into force of this Agreement,
the United States takes an exception to Article 1103 for those
agreements involving:
1. Aviation;
2. Fisheries;
3. Maritime matters, including salvage; or
4. Telecommunications.
With respect to state measures not yet described in Annex I,
pursuant to paragraph 2 of Article 1108, the United States takes
an exception to Article 1103 for international agreements signed
within two years of the entry into force of this Agreement.
For greater certainty, the Parties note that Article 1103
does not apply to any current or future foreign aid programs to
promote economic development, such as those governed by the
Energy Economic Cooperation Program with Central America and the
Caribbean (Pacto de San Jos) and the OECD Agreement on Export
Credits.
ANNEX IV
Schedule of Canada
Canada takes an exception to Article 1103 for all
international agreements (bilateral and multilateral) in force or
signed prior to the date of entry into force of this Agreement.
As for international agreements other than those in force or
signed prior to the date of entry into force of this Agreement,
Canada takes an exception to Article 1103 for those agreements
involving:
1. Aviation;
2. Fisheries;
3. Maritime matters, including salvage; or
4. Telecommunications.
With respect to provincial measures not yet described in
Annex I, pursuant to paragraph 2 of Article 1108, Canada takes an
exception for international agreements signed within two years of
the entry into force of this Agreement.
For greater certainty, the Parties note that Article 1103
does not apply to any current or future foreign aid programs to
promote economic development, such as those governed by the
Energy Economic Cooperation Program with Central America and the
Caribbean (Pacto de San Jos) and the OECD Agreement on Export
Credits.
ANNEX IV
Schedule of Mexico
Mexico takes an exception to Article 1103 for all
international agreements (bilateral and multilateral) in force or
signed prior to the date of entry into force of this Agreement.
As for international agreements other than those in force or
signed prior to the date of entry into force of this Agreement,
Mexico takes an exception to Article 1103 for those agreements
involving:
1. Aviation;
2. Fisheries;
3. Maritime matters, including salvage; or
4. Telecommunications.
With respect to state measures not yet described in Annex I,
pursusant to paragraph 2 of Article 1108, Mexico takes an
exception to Article 1103 for international agreements signed
within two years of the entry into force of this Agreement.
For greater certainty, the Parties note that Article 1103
does not apply to any current or future foreign aid programs to
promote economic development, such as those governed by the
Energy Economic Cooperation Program with Central America and the
Caribbean (Pacto de San Jos) and the OECD Agreement on Export
Credits.
INDUSTRY CLASSIFICATION: CPC 752 Telecommunications Services
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Communications Act of 1934, as amended, Sections 1, 2, 4,
and Title III, 47 U.S.C. 151 et. seq. (1988)
DESCRIPTION: The Communications Act of 1934 (the
Act) requires anyone wishing to engage
in communications by radio within the
United States and between the United
States and points outside the United
States to obtain a license from the
Federal Communications Commission
(FCC) for the use, but not the
ownership, of all channels of radio
communications; and no such license
shall be construed to create any right
beyond the terms, conditions and
periods of the license.
The Act requires the FCC, in granting
radio station licenses, to determine
if such a license would serve the
public interest, convenience and
necessity and empowers the FCC to
impose conditions pursuant to this
determination. The Act also empowers
the FCC to deny applications for radio
licenses where it is unable to find
that such grant would serve the public
interest, convenience and necessity.
INDUSTRY CLASSIFICATION: CPC 753 Radio and Television Cable Services
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Communications Act of 1934, as amended,
47 U.S.C. 151 et. seq. (1988)
Federal Communications Commission
Rules, Sections 76.501, 74.931(e)(5),
63.54, and 21.912
47 C.F.R. 76.501, 74.931(e)(5),
63.54, and 21.912
DESCRIPTION: A cable television system is not
allowed to carry any television
broadcast signal if the cable system
owns, operates, controls or has an
interest in a television broadcast
station whose Grade B contour overlaps
the service area of such cable system.
(76.501(a))
A cable television system may directly
or indirectly own, operate, control,
or have an interest in a national
television network (such as ABC, CBS,
or NBC) only if such system does not
pass more than (i) 10 percent of homes
passed on a nationwide basis when
aggregated with all other cable
systems in which the network holds
such a cognizable interest, and (ii)
50 percent of homes passed within any
one ADI (Arbitron Area of Dominant
Influence), except that a cable
television system facing a competing
system will not be counted toward this
50 percent limit. (76.501(b))
A cable television company may not
lease excess transmission time or
capacity from a licensee of an
Instructional Television Fixed Service
(ITFS) station (television services
intended for use in educational
institutions) if the ITFS station is
located within 20 miles of that cable
television company's franchise area.
(74.931(e)(5))
A telephone common carrier may not
engage in the provision (e.g.,
ownership, control, or production) of
video programming to the viewing
public in its telephone service area,
but may distribute such programming on
a common carrier basis and may only
have up to a five percent non-
controlling financial interest in
video programmers. (63.54(a))
A telephone common carrier may not
provide channels of communications or
pole line conduit space, or other
rental arrangements to any entity
which is directly or indirectly owned,
operated or controlled by, or under
common control with, such telephone
common carrier, where such facilities
or arrangements are to be used for, or
in connection with, the provision of
video programming to the viewing
public in the telephone service area
of the telephone common carrier.
(63.54(b))
In cable television franchise areas
served by a single cable operator,
that operator may not be authorized to
use frequencies assigned to the
Multichannel Multipoint Distribution
Service (MMDS) (the 2150-2165 Mhz and
2596-2644 Mhz bands), if a portion of
an MMDS station's protected service
area lies within that cable television
operator's franchise area. (21.912)
INDUSTRY CLASSIFICATION: SIC 4922 Natural Gas Transmission
SIC 4923 Natural Gas Transmission and Distribution
SIC 4924 Natural Gas Distribution
LEGAL CITATION: 15 U.S.C. section 717(f)
18 C.F.R. part 157
DESCRIPTION: Section 7(c) of the Natural Gas Act of
1938, as amended, requires a natural
gas company, or a person which will be
a natural gas company upon completion
of proposed construction or extension
of transportation facilities, to
obtain a certificate of public
convenience and necessity to
construct, extend, acquire, or operate
such facilities. In addition, a
certificate is required to transport
or sell for resale natural gas in
interstate commerce.
The Act requires the FERC to hold
hearings on applications for permanent
certificates and to give interested
persons notice of such hearings and
notices of applications are published
in the Federal Register.
The FERC does not require a
certificate of pubic convenience and
necessity for certain replacement
construction, maintenance, emergency
facilities, auxiliary installations,
and certain types of taps.
Natural gas services for drilling oil
wells, or for testing or purging new
natural gas pipeline facilities are
exempt from the certificate
requirement.
Certain "emergency" sales,
transportation, or exchanges are
exempt from the certificate
requirement. When a certificate is
required, the FERC may grant a
temporary certificate for sale or
transportation in emergency
circumstances, pending the
determination on a permanent
certificate.
INDUSTRY CLASSIFICATION: SIC 4311 United States Postal Service
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: 39 U.S.C. 401 et seq.
18 U.S.C. 1693
39 C.F.R. Parts 310 and 320
DESCRIPTION: The United States Postal Service is
generally authorized to "receive,
transmit, and deliver throughout the
United States, its territories and
possessions ... written and printed
matter, parcels and like materials."
The Postal Service also has the
exclusive authority to "provide and
sell postage stamps."
A carrier other than the U.S. Postal
Service may carry letters if, among
other things, each letter is enclosed
in an envelope, proper postage has
been paid in stamps, the stamp is
canceled by the sender, and the
carrier endorses the envelope.
The postal regulations define
"letters" to exclude telegrams, books
and magazines, and other materials.
The regulations also permit letters to
be carried accompanying cargo, by the
sender, by others without
compensation, and by special
messengers. The Postal Service has
suspended its regulations with respect
to private "express mail" services.
=============================================================================
ANNEX V
Schedule of United States
SECTOR: Recreation
SUB-SECTOR: National Parks Concessions
INDUSTRY CLASSIFICATION: SIC 7999 Amusement and Recreation
Services, Not Elsewhere Classified
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: 16 U.S.C. 20 and 20a
DESCRIPTION: A concession is required to operate
hotels, restaurants, gift shops, snack
bars, equipment rentals, horseback
riding services, guide services,
fishing guides, mountain climbing, bus
transportation, and other services
facilities in U.S. national parks.
The National Park Service regulates
all aspects of these services,
including building specifications,
rates for the services, and hours of
operation.
The National Park Service awards
concessions only where they are
determined to be "necessary and
appropriate." In developing its plans
for the operation of a national park,
the Park Service determines what
operations, including concessions, are
"necessary and appropriate." As a
result of this determination, the Park
Service may determine that a given
concession is not needed.
ANNEX V
Schedule of Canada
SECTOR: Communication Industries
SUB-SECTOR: Postal Services
INDUSTRY CLASSIFICATION: SIC 4841 Postal Service Industry
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Canada Post Corporation Act, R.S.C.,
c. C-10
Letter Definition Regulations,
SOR/83-481
DESCRIPTION: Canada Post Corporation has the
exclusive privilege to collect,
transmit and deliver "letters", as
defined in the Letter Definition
Regulations, addressed in the
territory of Canada, and its assent is
required in order for other persons to
sell stamps.
=============================================================================
ANNEX V
Schedule of Canada
SECTOR: Communications
SUB-SECTOR: Radiocommunications
INDUSTRY CLASSIFICATION: CPC 752 Telecommunication
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Radiocommunication Act, R.S.C. 1985,
c.R-2; as amended by S.C 1989 c.1,
c.17, ss. 5, 6
DESCRIPTION: A person desiring to operate a private
radio transmission system must obtain
a licence from the Department of
Communications. The issuance of such
licence is subject to spectrum
availability and policies regarding
its use. In general, priority is
given to the use of spectrum for the
purpose of developing non-private
networks.
=============================================================================
ANNEX V
Schedule of Canada
SECTOR: Energy
SUB-SECTOR: Electricity Transmission
INDUSTRY CLASSIFICATION: [To be provided]
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: National Energy Board Act, R.S.C.,
1985, c. N-6
DESCRIPTION: Under Part III of the Act,
construction and operation of
international electricity transmission
lines may require approval by the
National Energy Board.
=============================================================================
ANNEX V
Schedule of Canada
SECTOR: Energy
SUB-SECTOR: Oil and Gas Transportation
INDUSTRY CLASSIFICATION: [To be provided]
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: National Energy Board Act R.S.C., 1985 c. N-6
DESCRIPTION: The approval of the National Energy
Board (NEB) is required for the
construction and operation of all
interprovincial or international
pipelines for the transmission of oil
or gas. A public hearing must be held
and a certificate of public
convenience and necessity issued where
the pipeline in question is longer
than 40 kilometers. Pipelines shorter
than 40 kilometers may be authorized
by an order without a public hearing.
All modifications to and extension of
pipelines must be approved by the
Board.
Part IV of the Act requires that all
tolls for the transmission of oil and
gas on NEB-regulated pipelines and all
tariff matters shall be filed with or
approved by the NEB. A public hearing
may be held in considering toll and
tariff matters.
=============================================================================
ANNEX V
Schedule of Canada
SECTOR: Food, Beverages and Drug Industries, Retail
LEGAL CITATION: Importation of Intoxicating Liquors
Act, R.S.C., 1985, c. I-3
DESCRIPTION: The Importation of Intoxicating
Liquors Act gives each provincial
government an import monopoly on any
intoxicating liquors entering its
territory.
=============================================================================
ANNEX V
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Land Transportation
INDUSTRY CLASSIFICATION: SIC 457 Public Passenger Transit Systems
LEVEL OF GOVERNMENT: Federal (administration delegated to provinces)
LEGAL CITATION: National Transportation Act, 1987, R.S.C., 1985, c. 28
(3rd Supp.)
DESCRIPTION: Provincial transport boards have been
delegated the authority to permit
persons to provide extra-provincial
(inter-provincial and cross-border)
bus services in their respective
provinces on the same basis as local
bus services. All provinces, except
New Brunswick, Prince Edward Island
and Yukon, permit the provision of
local and extra-provincial bus
services on the basis of a public
convenience and necessity test.
ANNEX V
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Telecommunications
INDUSTRY CLASSIFICATION: CMAP 720006 Other Telecommunications
Services (Limited to Private Networks)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro Primero, Cap¡tulo III
(Concesiones, Permisos y Contratos)
Reglamento de Telecomunicaciones
(Telecommunications Regulations),
Cap¡tulo 2 Cap¡tulo 4 (Permisos)
DESCRIPTION: Cross-Border Services
Resale of circuit capacity of a
private network may not exceed 30
percent of such capacity.
=============================================================================
ANNEX V
Schedule of Mexico
SECTOR: Private Educational Services
SUB-SECTOR:
INDUSTRY CLASSIFICATION: CMAP 921101 Preschool Private
Educational Services
CMAP 921102 Primary School Private
Educational Services
CMAP 921103 Secondary School Private
Educational Services
CMAP 921104 Middle High (Preparatory)
School Private Educational Services
CMAP 921105 Higher Private Educational
Services
CMAP 921106 Private Educational
Services that Combine Preschool,
Primary, Secondary, Middle High and
Higher School Instruction
LEVEL OF GOVERNMENT: Federal and State
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution)T¡tulo
Primero, Cap¡tulo I
Ley Federal de Educaci¢n (Federal
Education Law) Cap¡tulos I, II, III y
IV
Ley para la Coordinaci¢n de la
Educaci¢n Superior (Higher Education
Coordination Law) Cap¡tulos I y II
Ley Reglamentaria del Art¡culo 5
Constitucional relativo al ejercicio
de las profesiones en el Distrito
Federal, (Regulatory Law of Article 5
of the United Mexican States Political
Constitution in relation to
Professional Services) Article 1,
related articles and its Regulation
Art. 12, Cap¡tulos I y III, Secciones
I y III
Reglamento de la Ley Reglamentaria del
Art¡culo 5 Constitucional relativo al
ejercicio de las profesiones en el
Distrito Federal, (Regulation of the
Regulatory Law of Article 5 of the
United Mexican States Political
Constitution in relation to
Professional Services) Cap¡tulo V
DESCRIPTION: Cross-Border Services and Investment
For the provision of primary,
secondary, normal and workers or
peasants educational services, prior
and express authorization granted by
the Secretar¡a de Educaci¢n P£blica or
corresponding state authorities is
required. Such authorization is
granted on a case-by-case basis in
accordance with public convenience and
necessity.
=============================================================================
ANNEX V
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Land Transportation
INDUSTRY CLASSIFICATION: CMAP 973103 Vehicle Parking services)
Services (Parking and garage
CMAP 973104 Weight Scale Services for
Transportation.
CMAP 973105 Towing Services for
Vehicles.
CMAP 973106 Other Services Related to
Land Transportation not mentioned in
sections 9731, 7112 and 7113 of the
CMAP
LEVEL OF GOVERNMENT: Federal and State
LEGAL CITATION: Ley de V¡as Generales de
Comunicaci¢n (General Means of
Communication Law)
State laws [to be provided]
DESCRIPTION: A permit issued by the Secretar¡a de
Comunicaciones y Transportes is
required to provide services related
to land transportation. In some states
such permits are granted on a basis of
the public convenience and necessity.
Annex VI Schedule of United States
SECTOR: Communications
SUB-SECTOR: Broadcasting
INDUSTRY CLASSIFICATION: CPC 7524 Program Transmission Services
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Communications Act of 1934, as amended,
Sections 309, 325, 47 U.S.C. 309, 325 (1988)
DESCRIPTION: The United States will ensure that in
considering applications for a grant
of authority to transmit programming
to foreign stations for retransmission
into the United States under Section
325 of the Communications Act of 1934
(the Act), the Federal Communications
Commission (FCC) will not consider the
nationality of the affected stations
for the purpose of favoring a U.S.
station that is competing with a
Mexican station for affiliation with a
U.S. programmer. Rather the FCC will
apply the criteria for the grant of
such permit in the same manner as
would be applied to a domestic
broadcast station application under
Section 309 of the Act.
In addition, the term of the Section
325 permit shall be extended from one
year to five years in all situations
where it can be assured that the
retransmitting station is and will be
in full compliance with applicable
treaties. In assessing the public
interest, convenience, and necessity
required by the Act for the grant of
authorization under Section 325, the
primary criterion will be avoiding the
creation or maintenance of electrical
interference to U.S. broadcast
stations that violates applicable
treaty provisions. In evaluating this
and any other criteria permitted under
Section 309, the U.S. will ensure that
the Section 325 process shall not be
conducted in a manner that would
constitute an unnecessary restriction
on trade.
DESCRIPTION: Lawyers authorized to practice in Mexico or Canada and law
firms headquartered in Mexico or Canada will be permitted to
provide foreign legal consultancy services, and to establish
for that purpose, in Alaska, California, Connecticut, District of
Columbia, Florida, Georgia, Illinois, Michigan, New Jersey,
New York, Ohio, Oregon, Texas, and Washington, or in any other
state that so permits by the date of entry into force of this
agreement.
ANNEX VI
Schedule of Canada
SECTOR: Professional Services
SUB-SECTOR: Lawyers
INDUSTRY CLASSIFICATION: SIC [To be provided]
LEVEL OF GOVERNMENT: Provincial
LEGAL CITATION: [To be provided]
DESCRIPTION: Lawyers authorized to practise in
Mexico or the United States and law
firms headquartered in Mexico or the
United States will be permitted to
provide foreign legal consultancy
services and to establish for that
purpose, in British Columbia, Ontario,
and Saskatchewan, and in any other
province that so permits by the date
of entry into force of this Agreement.
ANNEX VI
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Entertainment Services (Cinema)
INDUSTRY CLASSIFICATION: CMAP 941102 Private Services of
Distribution and Films Rental
LEGAL CITATION: Ley de la Industria Cinematogr fica
(Motion Picture Industry Law)
Reglamento de la Ley de la Industria
Cinematogr fica. (Regulations of the
Motion Picture Industry Law)
DESCRIPTION: Cross-Border Services
A distributor of films produced
outside of Mexico is required to
provide to the Cineteca Nacional no
more than one copy of two film titles
of each five film titles imported by
such distributor into Mexico.
=============================================================================
ANNEX VI
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Services
Provided by Natural Persons
SUB-SECTOR: Professional Services
INDUSTRY CLASSIFICATION: CMAP 951002 Legal Services and Foreign
Legal Consultants
LEVEL OF GOVERNMENT: Federal and State
LEGAL CITATION: [to be provided]
DESCRIPTION: 1. Mexico will ensure that:
(a) a lawyer authorized to practice
in a province of Canada or a
state of the United States of
America who seeks to practice as
a foreign legal consultant in
Mexico shall be granted a license
to do so if lawyers licensed in
Mexico are accorded equivalent
treatment in such province or
state; and
(b) a law firm headquartered in a
province of Canada or a state of
the United States of America that
seeks to establish in Mexico to
provide legal services through
licensed foreign legal
consultants shall be authorized
to do so if law firms
headquartered in Mexico are
accorded equivalent treatment in
such province or state.
2. Mexico will, pursuant to
paragraph 1(a), deny benefits to
foreign lawyers employed by or
associated with foreign legal
consultancy firms established in
Mexico, pursuant to paragraph 1(b), if
such lawyers are not authorized to
practice in a province of Canada or a
state of the United States of America
that authorizes lawyers licensed in
Mexico to practice as foreign legal
consultants in its territory.
3. Subject to paragraphs 1 and 2,
Mexico will adopt rules and procedures
regarding the practice of foreign
legal consultants in Mexico, including
matters related to association and
hiring of lawyers licensed in Mexico.
=============================================================================
ANNEX VI
Schedule of Mexico
SECTOR: Transportation
SUBSECTOR: Land Transportation
INDUSTRY CLASSIFICATION: CMAP 711201 Road Transport
Services for Construction Materials
CMAP 711202 Road Transport Moving
Services
CMAP 711203 Other Services of
Specialized Cargo Transportation
CMAP 711204 General Trucking Services
CMAP 711311 Inter-City Busing Services
CMAP 711318 School and Tourist
Transportation Services (limited to
Tourist Transportation Services)
LEGAL CITATION: Federal regulations will be
established in relation to leasing and
rental operations.
DESCRIPTION: An enterprise authorized in Mexico to
provide bus or truck transportation
services may use equipment of its own,
leased vehicles with option to
purchase (financial leasing), leased
vehicles (operational leasing), or
short-term rental vehicles.
ANNEX VII PART A Schedule of the United States
SECTOR: Financial Services
SUB-SECTOR: Banking
TYPE OF RESERVATION: Article 1409 (Staffing)
MEASURE: U.S. citizenship requirements for chief executive officers of
national banks not affiliated or owned by foreign banks
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: The National Bank Act, 12 U.S.C. 72.
DESCRIPTION: All directors of a national bank must
be citizens of the United States.
Because it is also required that chief
executive officers of all national
banks be directors, a chief executive
officer of a national bank must be a
citizen of the United States. An
exception from these requirements
exists for national banks affiliated
or owned by foreign banks. Such banks
are only required to have citizens
constitute a simple majority of the
directors and need not employ citizens
as chief executive officers.
MEASURE: Residency requirements on boards of directors of national banks
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: The National Bank Act, 12 U.S.C. 72.
DESCRIPTION: Two-thirds of the directors of a
national bank must have (i) resided
for one year prior to their election,
and (ii) continue to reside, in the
state in which the bank is located or
within 100 miles of the national bank.
TYPE OF RESERVATION: Article 1407 (National Treatment)
MEASURE: Limitations on acquisition of interests in banks on an interstate
basis
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Bank Holding Company Act of 1956, as amended,
12 U.S.C. 1842(d); International Banking Act of 1978, as
amended, 12 U.S.C. 3103(a)(5).
DESCRIPTION: Federal authorities may not approve
the establishment of, or acquisition
of an interest in, a bank subsidiary
within a state ("the host state") by a
foreign bank that has a full-service
branch or bank subsidiary in the
United States, unless the measures of
the host state expressly permit the
transaction. Thus, foreign banks may
not acquire interests in banks in some
states on the same basis as domestic
bank holding companies from the
foreign bank's home state. For
purposes of determining national
treatment under paragraph 6(b) of
Article 1407, foreign banks are
located in their "home state," as that
term is used in the International
Banking Act of 1978.
The following types of measures, inter
alia, fall into this category:
(a) Foreign banks are expressly
excluded from the authority
to own banks in certain
regional holding company
laws.
(b) Foreign banks
are implicitly excluded through a
definition of eligible owner
in certain state laws that
requires a majority of the
parent bank's deposits to be
in the United States, in a
particular region of the
United States, or in a
particular state.
(c) Foreign banks
that do not already own a
banking subsidiary in
the United States are
interpreted as not qualifying
as an eligible "bank holding
company" entitled to own
a bank.
TYPE OF RESERVATION: Article 1407 (National Treatment)
MEASURE: Limitations on ownership of corporations organized under
section 25A of the Federal Reserve Act ("Edge corporations")
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Federal Reserve Act, 12 U.S.C. 619.
DESCRIPTION: Edge corporations (specialized
international banking companies
chartered under Federal law) may be
owned by domestically-owned banks and
bank holding companies, and by
domestic non-bank companies willing to
restrict their business activities to
those closely related to banking.
Foreign ownership of Edge corporations
is limited to foreign banks and U.S.
subsidiaries of foreign banks. Other
foreign persons may neither directly
nor indirectly own Edge corporations.
TYPE OF RESERVATION: Article 1407 (National Treatment)
MEASURE: Exemption from limitations for federal- and state-owned companies
that own banks
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Bank Holding Company Act of 1956, as amended,
12 U.S.C. 1841(b)
DESCRIPTION: The Bank Holding Company Act does not apply to companies that
are majority-owned by the Federal and state governments,
whereas companies owned by foreign governments are not
excepted.
TYPE OF RESERVATION: Article 1407 (National Treatment)
MEASURE: Limitations on the ability of foreign banks to accept certain
types of deposits through any form other than an insured banking subsidiary
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: International Banking Act of 1978,
12 U.S.C. 3104 (as amended by The
Federal Deposit Insurance Corporation Improvement Act of 1991,
Pub.L. 102-242, Title II, 214(a)).
DESCRIPTION: After December 19, 1991, in order to accept or maintain deposit
accounts having balances of less than $100,000, a foreign bank must establish
an insured banking subsidiary. As a result, foreign bank branches are
prohibited from taking insured deposits unless engaged in that
activity on December 19, 1991.
TYPE OF RESERVATION: Article 1407 (National Treatment)
MEASURE: Limitations on membership in the Federal Reserve System
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Federal Reserve Act, 12 U.S.C. 321, 221, 302;
International Banking Act of 1978, 12 U.S.C. 3106(d).
DESCRIPTION: Foreign banks with branches and agencies in the United States
may not be members of the Federal Reserve System, and may thus not vote for
directors of a Federal Reserve Bank.
TYPE OF RESERVATION: Articles 1407 and 1408 (National Treatment,
Most-Favored-Nation Treatment)
MEASURE: Limitation on designation of foreign firms as primary dealers in U.S.
government securities
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: The Primary Dealers Act of 1988, 22 U.S.C. 5341-5342.
DESCRIPTION: The Primary Dealers Act of 1988 prohibits a foreign firm to be
designated as a primary dealer in U.S. government debt obligations unless the
home country of the foreign firm accords to U.S. firms the same
competitive opportunities as are accorded to domestic firms in the
underwriting and distribution of government debt instruments in the
firm's home country.
TYPE OF RESERVATION: Articles 1407, 1408 and 1409 (National Treatment,
MFN Treatment, Staffing)
MEASURE: Eligibility of foreign trust indentures
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Trust Indenture Act of 1939, 15 U.S.C.
77jjj(a)(1) and rules thereunder.
DESCRIPTION: Under the Trust Indenture Act of 1939, foreign firms located
outside the United States may be prohibited from acting as sole trustees
under an indenture for debt securities sold in the United States if U.S.
institutional trustees cannot act as sole trustee for securities sold in
the foreign country.
LEGAL CITATION: Rule 15c3-3 of the Securities Exchange
Act of 1934, 17 C.F.R. 240.15c3-3.
DESCRIPTION: Broker-dealers that maintain their
principal place of business in Canada may maintain their reserve requirement
at a Canadian bank subject to supervision by an authority of Canada;
however, other foreign broker-dealers not in the U.S. or Canada must
maintain reserves in the U.S.
DESCRIPTION: Federal law prohibits the offer or
sale of futures contracts on onions, options contracts on onions and
options on futures contracts on onions in the United States and services
related thereto.
TYPE OF RESERVATION: Article 1407 (National Treatment)
MEASURE:
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: 31 U.S.C. 9304
DESCRIPTION: Branches of foreign insurance
companies are not permitted to provide surety bonds for U.S. Government
contracts.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of the United States
SECTOR: Financial Services
SUB-SECTOR: Banking and Securities
TYPE OF RESERVATION: Article 1407 (National Treatment)
MEASURE: Differential treatment of foreign and domestic banks under the
federal securities laws
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Investment Advisors Act of 1940, 15 U.S.C. 80b-2 and
80b-3 and the rules thereunder.
DESCRIPTION: Foreign banks may be required to
register as investment advisers under the Investment Advisors Act of 1940 to
engage in securities advisory services in the United States, while domestic
banks are exempt from registration.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of the United States
SECTOR: Financial Services
SUB-SECTOR: Securities
TYPE OF RESERVATION: Article 1407 (National Treatment)
MEASURE: Application of the disclosure
provisions of the federal securities laws to the U.S. government,
government-owned enterprises, and state and local governments.
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Securities Exchange Act of 1934, 15
U.S.C. 78c(a)(12)(A)(i),
78c(a)(12)(A)(ii) and the rules
thereunder; Securities Act of 1933, 15
U.S.C. 77c(a)(2) and the rules
thereunder.
DESCRIPTION: U.S. federal, state and local
government securities are exempt from the registration and disclosure
provisions of the federal securities laws.
SUB-SECTOR: Securities TYPE OF RESERVATION: Article 1407 (National Treatment)
MEASURE: Application of the federal securities laws to the U.S. government,
government owned enterprises, and state and local governments
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Investment Company Act of 1940, 15
U.S.C. 80a-2(b), and the rules
thereunder; Investment Advisers Act of
1940, 15 U.S.C. 80-2(b), and the
rules thereunder.
DESCRIPTION: The Investment Company Act of 1940 and
the Investment Advisers Act of 1940 do not apply to investment companies and
investment advisers, respectively, that are owned by the federal, state
and local governments, whereas investment companies and investment
advisers owned by foreign governments are not excepted.
TYPE OF RESERVATION: Article 1407 (National Treatment)
MEASURE: Application of the federal securities laws to the U.S. government,
government-owned enterprises, and state and local governments.
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Securities Exchange Act of 1934, 15
U.S.C. 78c(a)(43)(A), 78c(a)(44)(A)
and 78c(d) the rules thereunder.
DESCRIPTION: No provision of the Exchange Act
applies to the U.S. government. Thus, U.S.-owned exchanges, clearing
agencies, brokers, dealers, and banks are not regulated under the Exchange
Act. In addition, U.S. government enterprises are exempt from government
securities broker and dealer registration and regulation. State
and local government officials are also exempted from the registration as
brokers, dealers, and municipal securities dealers.
The United States shall set out any existing non-conforming
measures maintained by California, Florida, Illinois, New York,
Ohio, and Texas by the date of entry into force of this
Agreement. Existing non-conforming state measures of all other
states shall be set out by January 1, 1995.
The United States reserves the right to derogate from
Articles 1405(1) and 1408 for the securities sector with respect
to Canada. With respect to these Articles, the United States may
adopt or maintain measures affecting cross-border trade in
securities services that are more restrictive than measures
existing on the date of entry into force of this Agreement.
The United States commits to permit an eligible grupo
financiero that, in formation of the grupo in Mexico before the
entry into force of this Agreement, lawfully acquires an eligible
Mexican bank and a Mexican securities firm which owns or controls
a securities company in the United States, to continue to engage
through that U.S. securities company in the activities in which
that securities company was engaged on the date of acquisition by
the grupo for a time period of five years from the date of such
acquisition. The U.S. securities firm: (i) shall not be
permitted to expand through acquisition in the United States
during such period; and (ii) shall be subject to measures
consistent with national treatment that restrict transactions
between the firms and their affiliates. For purposes of this
paragraph: an "eligible grupo financiero" is a Mexican financial
group that has not previously benefitted from this commitment;
and an "eligible Mexican bank" means any Mexican instituci¢n de
crdito that owned or controlled a subsidiary bank, or operated a
branch or agency, in the United States on January 1, 1992.
For the purposes of Article 1413(2), the United States
designates the Department of the Treasury as its governmental
agency responsible for banking and other financial services, and
the United States Department of Commerce for insurance services.
ANNEX VII
PART A
Schedule of Canada
SECTOR: Financial Services
SUB-SECTOR: Insurance
TYPE OF RESERVATION: Article 1404 (Cross-Border Trade)
MEASURE: Limitation on purchase of reinsurance
from non-resident reinsurers
DESCRIPTION: The purchase of reinsurance services by a
Canadian insurer, other than a life insurer or a reinsurer, from a non-
resident reinsurer is limited to no more than 25 percent of the risks
undertaken by the insurer purchasing the reinsurance.
Canada shall set out any existing non-conforming measure
maintained at the provincial level by the date of entry into force
of this Agreement.
=============================================================================
ANNEX VII
PART B
Schedule of Canada
Canada reserves the right to derogate from Article 1405(1) for
the securities sector. With respect to this Article, Canada
reserves the right to adopt and maintain new measures affecting
cross-border trade in securities services that are more restrictive
than such measures existing on the entry into force of this
Agreement.
=============================================================================
ANNEX VII
PART C
Schedule of Canada
For the purposes of restrictions that limit foreign ownership
of Canadian-controlled financial institutions and for the purposes
of limitations on total domestic assets of foreign bank
subsidiaries in Canada, Canada commits to give to Mexico the same
treatment that Canada gives under the Bank Act, the Insurance
Companies Act (Canada), the Trust and Loan Companies Act (Canada),
and the Investment Companies Act, to United States residents and to
institutions controlled by United States residents.
Canada commits to exempt foreign bank subsidiaries in Canada
controlled by Mexican residents from the requirement to obtain
approval of the Minister of Finance prior to opening branches
within Canada in the same manner as it exempts foreign bank
subsidiaries in Canada controlled by United States residents.
=============================================================================
ANNEX VII
PART D
Schedule of Canada
For the purposes of Article 1413(2), Canada designates the
Department of Finance of Canada as its governmental agency
responsible for financial services.
=============================================================================
ANNEX VII
PART E
Schedule of Canada
For the purposes of restrictions that limit foreign ownership
of Canadian-controlled financial institutions and for the purposes
of restrictions on total domestic assets of foreign bank
subsidiaries in Canada, an enterprise of another Party, to be
considered an enterprise of such other Party must meet the terms
and conditions of being controlled by one or more residents of the
other Party. For these purposes:
(a) an enterprise controlled by one or more residents of
another Party means controlled, directly or indirectly by
such residents;
(b) an enterprise that is a body corporate is controlled by
one or more persons if
(i) securities of the enterprise to which are attached
more than fifty percent of the votes that may be
cast to elect directors of the enterprise are
beneficially owned by the person or persons and the
votes attached to those shares are sufficient, if
exercised, to elect a majority of the directors of
the enterprise, and
(ii) the person or persons has or have, directly or
indirectly, control in fact of the enterprise,
(c) an enterprise that is an unincorporated entity is
controlled by one or more persons if
(i) more than fifty percent of ownership interests,
however designated, into which the enterprise is
divided is beneficially owned by the person or
persons and the person or persons are able to
direct the business and affairs of the enterprise,
and
(ii) the person or persons has or have, directly or
indirectly, control in fact of the enterprise,
(d) a limited partnership is controlled by the general partner;
(e) ordinarily resident in a country generally means
sojourning in that country for a period of, or periods
the aggregate of which is, 183 days or more during the
relevant year; and
(f) a person ordinarily resident in another Party means;
(i) in the case of an enterprise, an enterprise legally
constituted or organized under the laws of that
Party and controlled, directly or indirectly, by
one or more individuals of that Party described in
clause (ii), and
(ii) in the case of an individual, an individual who is
ordinarily resident in the territory of that Party.
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Financial Holding Companies
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Aggregate limits on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley para Regular las Agrupaciones Financieras (Law Regulating
Financial Groups), Art. 18
DESCRIPTION: Aggregate foreign investments in
financial holding companies are limited to 30% of common stock capital
(capital ordinario). These limits do not apply to financial holding
companies established pursuant to Parts B and C of the Schedule of
Mexico.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Commercial Banks (Instituciones de Crdito)
INDUSTRY CLASSIFICATION: 811030
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Aggregate limits on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de Instituciones de Crdito (Law of the Credit
Institutions), Arts. 11 y 15
DESCRIPTION: Aggregate foreign investments in
commercial banks are limited to 30% of common stock capital (capital
ordinario). These limits do not apply to Foreign Financial Affiliates
established pursuant to Part B of the Schedule of Mexico.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Securities Firms (Casas de Bolsa)
INDUSTRY CLASSIFICATION: 812001
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitations on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley del Mercado de Valores (Law of the Stock Market),
Art. 17-II
DESCRIPTION: Aggregate foreign investments in
securities firms are limited to 30% of capital (capital social) and
individual foreign investments are limited to 10% of capital, while
individual investments by Mexicans may, with approval from the Ministry
of Finance and Public Credit, rise to 15% of capital. These limits do not
apply to Foreign Financial Affiliates established pursuant to Part B of the
Schedule of Mexico.
DURATION: Indeterminate
=============================================================================
ANNEX VII
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitations on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley del Mercado de Valores (Law of the Stock Market),
Art. 17-II
DESCRIPTION: Aggregate foreign investments in
securities specialists are limited to 30% of capital (capital social) and
individual foreign investments are limited to 10% of capital, while
individual investments by Mexicans may, with approval from the Ministry
of Finance and Public Credit, rise to 15% of capital. These limits do not
apply to Foreign Financial Affiliates established pursuant to Part B of the
Schedule of Mexico.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: General Deposit Warehouses (Almacenes Generales de Dep¢sito)
INDUSTRY CLASSIFICATION: 811042
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Aggregate limits on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley General de Organizaciones y Actividades Auxiliares del
Crdito (General Law of Auxiliary Credit Organizations and
Activities), Art. 8-III-1
DESCRIPTION: Foreign participation must be less
than 50% of paid-in capital (capital pagado). These limits do not apply to
Foreign Financial Affiliates established pursuant to Part B of the
Schedule of Mexico.
DURATION: Indeterminate
=============================================================================
ANNEX VII
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Aggregate limits on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley General de Organizaciones y Actividades Auxiliares del
Crdito (General Law of Auxiliary Credit Organizations and
Activities), Art. 8-III-1
DESCRIPTION: Foreign participation must be less
than 50% of paid-in capital (capital pagado). These limits do not apply to
Foreign Financial Affiliates established pursuant to Part B of the
Schedule of Mexico.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Financial Factoring Companies (Empresas de Factoraje Financiero)
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Aggregate limits on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley General de Organizaciones y Actividades Auxiliares del
Crdito (General Law of Auxiliary Credit Organizations and
Activities), Art. 8-III-1
DESCRIPTION: Foreign participation must be less
than 50% of paid-in capital (capital pagado). These limits do not apply to
Foreign Financial Affiliates established pursuant to Part B of the
Schedule of Mexico.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Credit Unions (Uniones de Crdito)
INDUSTRY CLASSIFICATION: 811041
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitation on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley General de Organizaciones y Actividades Auxiliares del
Crdito (General Law of Auxiliary Credit Organizations and
Activities), Art. 8-III-1
DESCRIPTION: Foreign capital investment in these
entities is prohibited. This limitation does not apply to Foreign
Financial Affiliates established pursuant to Part B of the Schedule of
Mexico.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Foreign Exchange Firms (Casas de Cambio)
INDUSTRY CLASSIFICATION: 811044
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitation on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley General de Organizaciones y Actividades Auxiliares del
Crdito (General Law of Auxiliary Credit Organizations and
Activities), Art. 82-III
DESCRIPTION: Foreign investors may not participate
in the capital of these entities. This limitation does not apply to
Foreign Financial Affiliates established pursuant to Part B of the
Schedule of Mexico.
DURATION: Indeterminate
=============================================================================
ANNEX VII
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitation on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de Instituciones de Crdito (Law of Credit Institutions),
Art. 92 Reglas de SHCP (Regulations of the Ministry of Finance
and Public Credit)
DESCRIPTION: Foreign investors may not participate
in the capital of these entities. This limitation does not apply to
Foreign Financial Affiliates established pursuant to Part B of the
Schedule of Mexico.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Bonding Companies (Instituciones de Fianzas)
INDUSTRY CLASSIFICATION: 813001
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Aggregate limits on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal de Instituciones de Fianzas (Federal Law of
Bonding Companies), Art. 15-XIII
DESCRIPTION: Foreign participation must be less
than 50% of paid-in capital (capital pagado). These limits do not apply to
Foreign Financial Affiliates established pursuant to Part B of the
Schedule of Mexico.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Insurance Companies (Instituciones de Seguros)
INDUSTRY CLASSIFICATION: 813002
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Aggregate limits on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley General de Instituciones y Sociedades Mutualistas de
Seguros (General Law on Insurance Institutions and Mutual
Societies), Art. 29-I
DESCRIPTION: Foreign participation must be less
than 50% of paid-in capital (capital pagado). These limits do not apply to
Foreign Financial Affiliates established pursuant to Part B of the
Schedule of Mexico.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Financial Holding Companies
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: Limitation on foreign ownership
MEASURE: Articles 1404, 1407 (Establishment, National Treatment)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley para Regular las Agrupaciones Financieras (Law Regulating
Financial Groups), Art. 18
DESCRIPTION: Foreign governments and foreign state
enterprises or their investments may not invest, directly or indirectly, in
a financial holding company.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Commercial Banks (Instituciones de Crdito)
INDUSTRY CLASSIFICATION: 811030
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitation on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de Instituciones de Crdito (Law of Credit Institutions),
Art. 15
DESCRIPTION: Foreign entities that exercise
governmental functions may not invest, directly or indirectly, in a
commercial bank.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Securities Firms (Casas de Bolsa)
INDUSTRY CLASSIFICATION: 812001
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitation on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley del Mercado de Valores (Law of the Stock Market),
Art. 17-II-b
DESCRIPTION: Foreign governments and foreign state
enterprises or their investments may not invest, directly or indirectly, in
a securities firm.
DURATION: Indeterminate
=============================================================================
ANNEX VII
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitation on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley del Mercado de Valores (Law of the Stock Market),
Art. 17-II
DESCRIPTION: Foreign governments and foreign state
enterprises or their investments may not invest, directly or indirectly, in
a securities specialist.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: General Deposit Warehouses (Almacenes Generales de Dep¢sito)
INDUSTRY CLASSIFICATION: 811042
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitation on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley General de Organizaciones y Actividades Auxiliares del
Crdito (General Law of Auxiliary Credit Organizations and
Activities), Art. 8-III-1
DESCRIPTION: Foreign governments and foreign state
enterprises or their investments may not invest, directly or indirectly, in
a general deposit warehouse.
DURATION: Indeterminate
=============================================================================
ANNEX VII
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitation on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley General de Organizaciones y
Actividades Auxiliares del Crdito (General Law of Auxiliary
Credit organizations and Activities), Art. 8-III-1
DESCRIPTION: Foreign governments and foreign state
enterprises or their investments may not invest, directly or indirectly, in
a financial leasing company.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Financial Factoring Companies (Empresas de Factoraje Financiero)
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitation on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley General de Organizaciones y
Actividades Auxiliares del Crdito (General Law of Auxiliary Credit
Organizations and Activities), Art. 8-III-1
DESCRIPTION: Foreign governments and foreign state
enterprises or their investments may not invest, directly or indirectly, in
a financial factoring company.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Savings and Loan Companies (Sociedades de Ahorro y Prstamo)
INDUSTRY CLASSIFICATION: 811046
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitation on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley General de Organizaciones y Actividades Auxiliares del
Crdito (General Law of Auxiliary Credit Organizations and
Activities), Art. 38-G
DESCRIPTION: Foreign governments and foreign state
enterprises or their investments may
not invest, directly or indirectly, in
a savings and loan company.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Managing Companies of Investment Companies (Sociedades Operadoras
de Sociedades de Inversi¢n)
INDUSTRY CLASSIFICATION: 812003
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitation on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de Sociedades de Inversi¢n (Law of Investment Companies),
Art. 29-VI
DESCRIPTION: Foreign governments and foreign state
enterprises or their investments may not invest, directly or indirectly, in
an operator of an investment company.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Investment Companies (Sociedades de Inversi¢n)
INDUSTRY CLASSIFICATION: 812002
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitation on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de Sociedades de Inversi¢n (Law of Investment Companies),
Art. 9-III
DESCRIPTION: Foreign governments and foreign state
enterprises or their investments may not invest, directly or indirectly, in
an investment company.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Bonding Companies (Instituciones de Fianzas)
INDUSTRY CLASSIFICATION: 813001
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitation on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal de Instituciones de Fianzas (Federal Law of
Bonding Companies), Art. 15 bis-IV-a
DESCRIPTION: Foreign governments and foreign state
enterprises or their investments may not invest, directly or indirectly, in
a bonding company.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Insurance Companies (Instituciones de Seguros)
INDUSTRY CLASSIFICATION: 813002
TYPE OF RESERVATION: Articles 1404, 1407 (Establishment, National Treatment)
MEASURE: Limitation on foreign ownership
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley General de Instituciones y Sociedades de Mutualistas de
Seguros (General Law on Insurance Institutions and Mutual
Societies), Art. 29-I
DESCRIPTION: Foreign governments and foreign state
enterprises or their investments may not invest, directly or indirectly, in
an insurance company.
DURATION: Indeterminate
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Insurance
INDUSTRY CLASSIFICATION: 813002
TYPE OF RESERVATION: Article 1405 (Cross-Border Trade)
MEASURE: Restrictions on cross-border insurance
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley General de Instituciones y Sociedades Mutualistas de
Seguros (General Law on Insurance Institutions and Mutual
Societies), Art. 3§
DESCRIPTION: Mexico reserves its existing
prohibitions and restrictions on
cross-border trade in insurance
services, which do not now include
restrictions on the right of
individuals to purchase, by physical
mobility, life and health insurance.
Mexico is not reserving its present
restrictions with respect to the
ability of residents of Mexico to
purchase from non-resident insurance
companies of another Party, the
following types of insurance:
(a) tourist insurance (including
travel accident and motor
vehicle insurance for non-
resident tourists, but not
insurance of risks of
liability to third parties)
for individuals, purchased
without solicitation via
physical mobility of such
individuals;
(b) cargo insurance to and from
each Party purchased without
solicitation for goods in
international transit from
point of origin to final
destination and for the
vehicle during the period of
its use in transportation of
such goods, provided such
vehicle is licensed and
registered outside Mexico
(including vehicles in
maritime shipping,
commercial aviation, space
launching and freight
(including satellites)); and
(c) intermediary services
incidental to (a) and (b)
without solicitation.
DURATION: For greater clarity, this reservation does not apply to reinsurance.
=============================================================================
ANNEX VII
PART A
Schedule of Mexico
SECTOR: Financial Services
SUB-SECTOR: Banking
INDUSTRY CLASSIFICATION: 811021 811030
TYPE OF RESERVATION: Articles 1404, 1405, 1407 (Establishment, Cross-Border
Trade, National Treatment)
MEASURE: Activities reserved for development banks
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Org nica de Nacional Financiera (Organic Law of Nacional
Financiera), Art. 7; Ley Org nica del Banco Nacional del
Ejrcito, la Fuerza Area y la Armada (Organic Law of the
National Bank of the Army, Air Force and Navy)
DESCRIPTION: The following activities are reserved
solely to Mexican development banks:
(1) acting as custodians of
securities and cash funds
deposited by or in the
administrative or judiciary
authorities, and acting as
custodian of goods that have been
confiscated according to Mexican
measures;
(2) managing the savings funds,
retirement plans and any other
funds or property of the
personnel of the Secretar¡a de la
Defensa Nacional, Secretar¡a de
Marina and the Mexican armed
forces, and performing other
financial activities pertaining
to the financial resources of
such personnel.
DURATION: Indeterminate ANNEX VII
=============================================================================
PART B
Schedule of Mexico
TRANSITIONAL EXCEPTIONS
Reservations to Articles 1404 and 1407
1. The provisions of paragraphs 2 through 10 of this Part B of
the Schedule of Mexico shall apply during the Transition Period,
except as otherwise specifically provided in paragraphs 9 and 10
of this Part B.
2. For the types of financial institutions listed in the chart
in this paragraph 2, the maximum capital to be authorized for a
Foreign Financial Affiliate, measured as a percentage of the
aggregate capital of all financial institutions of the same type
in Mexico, shall not exceed the percentage set forth in the chart
in this paragraph 2:
Type of Financial Institution Maximum Individual Capital to
be Authorized (Percentage of
the Aggregate Capital of all
Institutions of the same type)
Commercial Banks 1.5%
Securities Firms 4.0%
Insurance Companies
Casualty 1.5%
Life and Health 1.5%
In the case of an acquisition by a financial service provider of
another Party of a financial institution established in Mexico,
the sum of the authorized capital of the acquired institution and
the authorized capital of any Foreign Financial Affiliate already
controlled by the acquiror may not, at the time of acquisition or
at any time thereafter during the Transition Period, exceed the
applicable limit set forth in the chart in this paragraph 2.
This paragraph 2 will not apply to new or existing Mexican
insurance companies invested in by insurance providers of another
Party (or their affiliates) pursuant to paragraph 7 of this Part
3 or paragraph 4 of Part C of the Schedule of Mexico.
3. For purposes of the proper administration of the capital
limits in the Schedule of Mexico, the following provisions shall
apply:
i. Each Foreign Financial Affiliate shall have a paid-in
capital not less than that authorized by Mexico at the time of
approval of its establishment. The authorized capital shall be
determined by Mexico. After the time of establishment, Mexico
may permit authorized capital to exceed paid-in capital.
Authorized capital shall not be reduced by any measure of Mexico
(other than prudential measures) below paid-in capital. The
maximum size of the operations of each Foreign Financial
Affiliate shall be determined, on a national treatment basis, as
a function of the lesser of its capital or its authorized
capital.
ii. Mexico reserves the right to impose limitations on
transfers of assets or liabilities by Foreign Financial
Affiliates that have the effect of evading the capital limits set
forth in the Schedule of Mexico. This subparagraph does not
apply to bona fide transfers of funds to make overnight deposits
or bona fide transfers of banking liabilities.
4. A Foreign Financial Affiliate shall not issue subordinated
debentures, except to its parent outside of Mexico.
5. The aggregate of the authorized capital of all Foreign
Financial Affiliates of the same type, measured as a percentage
of the aggregate capital of all financial institutions of such
type in Mexico, shall not exceed the percentage set forth in the
chart in this paragraph 5 for that type of institution, except
for the case of insurance which is addressed in paragraph 6 of
this Part B. Beginning one year after the entry into force of
the Agreement, these initial limits shall increase annually in
equal increments so as to reach the final limits specified in the
chart in this paragraph 5 at the beginning of the last year of
the Transition Period.
Type of Financial Institution Percentage of Total Capital
Initial Final
Limit Limit
Any capital in existence as of the date of signature of this
Agreement of a foreign bank branch established in Mexico prior to
such date shall be excluded from each of the aggregate capital
limits referred to in the Schedule of Mexico.
6. In the case of insurance, the aggregate of the authorized
capital of all Foreign Insurance Affiliates, measured as a
percentage of the aggregate capital of all insurance companies in
Mexico, shall not exceed the percentage set forth in the chart in
this paragraph 6 for the respective one-year periods beginning on
each of the following dates:
Date Percentage of Total Capital
January 1, 1994 6%
January 1, 1995 8%
January 1, 1996 9%
January 1, 1997 10%
January 1, 1998 11%
January 1, 1999 12%
If the entry into force of the Agreement occurs on a date prior
to January 1, 1994, that date shall become the initial date for
purposes of this chart, and each succeeding anniversary of the
entry into force of the Agreement shall become the next
succeeding date in this chart, with the percentages listed in
this chart applying to each of the respective periods as so
adjusted. If the entry into force of the Agreement occurs on a
date after January 1, 1994, the dates and corresponding limits in
this chart shall nonetheless not be changed.
The individual and aggregate capital limits described in
paragraphs 2 and 6 of this Part B shall be measured separately
(through separate accounting) for life and non-life insurance
operations; but both types of insurance operations may be
conducted either by a single or separate Foreign Financial
Affiliates.
7. Insurance providers of another Party may elect an
alternative procedure for entering Mexico through phasing-in an
equity interest in a new or existing Mexican insurance company,
and thereby exempt such Mexican company from the capital limits
of paragraphs 2 and 6 of this Part B. In order to qualify, the
percentage of the Mexican insurance company's voting common stock
that is owned by Mexican persons must not be less than the levels
set forth in the chart in this paragraph 7 for the respective
one-year periods beginning on each of the following dates:
Date Mexican Interest
January 1, 1994 70%
January 1, 1995 65%
January 1, 1996 60%
January 1, 1997 55%
January 1, 1998 49%
January 1, 1999 25%
If the entry into force of the Agreement occurs on a date prior
to January 1, 1994, that date shall become the initial date for
purposes of this chart, and each succeeding anniversary of the
entry into force of the Agreement shall become the next
succeeding date in this chart, with the percentages listed in
this chart applying to each of the respective periods as so
adjusted. If the entry into force of the Agreement occurs on a
date after January 1, 1994, the dates and corresponding limits in
this chart shall nonetheless not be changed.
On and after January 1, 2000 (or, if the entry into force of the
Agreement occurs on a date prior to January 1, 1994, on and after
the sixth anniversary of such date), the percentage requirement
of Mexican ownership set forth in this paragraph 7 shall no
longer apply.
This paragraph 7 is further modified by paragraph 4 of Part C of
the Schedule of Mexico to the extent set forth therein.
8. The aggregate assets of Foreign Financial Affiliates that
are limited scope financial institutions within the meaning of
paragraph 2 of Part C of the Schedule of Mexico shall not exceed
3% of the sum of (1) the aggregate assets of all commercial banks
in Mexico plus (2) the aggregate assets of all types of limited
scope financial institutions in Mexico. Lending by affiliates of
automobile manufacturing companies with respect to their vehicles
shall not be subject to or taken into account in determining
compliance with this 3% limit.
9. The capital limits in paragraphs 2, 5, 6 and 8 of this Part
B shall be removed at the end of the Transition Period. If the
sum of the authorized capital of Foreign Financial Affiliates,
measured as a percentage of the aggregate capital of all
financial institutions of such type in Mexico, reaches the
percentage set forth in the chart in this paragraph 9 for such
type of institutions, then Mexico shall have the right, once
during the four years following the end of the Transition Period,
to freeze such aggregate capital percentage at its then-existing
level:
Commercial banks 25%
Securities firms 30%
If applied, such a restriction will have a duration not to exceed
a period of 3 years.
10. No additional license to establish a Foreign Financial
Affiliate shall be granted during the Transition Period (and, in
the case of paragraph 9 of this Part B, during the additional
periods described in that paragraph) if after such issuance the
sum of the authorized capital of all Foreign Financial Affiliates
of the same type would exceed the applicable percentage limit for
that type of institution in paragraph 5, 6, 8 or 9 of this
Part B.
OTHER EXCEPTIONS
11. The provisions of the following paragraphs 12 through 15 of
this Part B shall apply immediately upon the entry into force of
the Agreement and at all times thereafter, except as otherwise
specifically provided in such paragraphs. Any amendment or
modification to a measure adopted or maintained pursuant to
paragraphs 12 through 15 of this Part B shall not decrease the
conformity of the measure, as it existed immediately before such
amendment or modification, with Articles 1404 to 1409 of the
Agreement.
Reservation to Article 1407
12. Mexico may require that a Foreign Financial Affiliate (other
than a Foreign Insurance Affiliate) be wholly-owned by a
financial service provider of another Party (except for
directors' nominal qualifying shares). Mexico may also restrict
any Foreign Financial Affiliate from establishing agencies,
branches, or other direct or indirect subsidiaries in the
territory of any other country.
Reservations to Articles 1404 and 1407
13. Following the Transition Period, acquisition of a commercial
bank established in Mexico, or of the assets or liabilities
thereof, by a financial service provider of another Party will
only be authorized by Mexico, subject to reasonable prudential
considerations on a case by case basis, if the sum of the
authorized capital of the acquired commercial bank and the
authorized capital of any commercial bank in Mexico already
controlled by the acquiror would not exceed 4% of the aggregate
capital of all commercial banks in Mexico.
14. Mexico may adopt measures that (i) limit eligibility to
establish a Foreign Financial Affiliate in Mexico to a financial
service provider of another Party that is, directly or through
any of its affiliates, engaged in the same general type of
financial services in the territory of the other Party; and (ii)
limit such provider (together with its affiliates) to no more
than one institution of the same type in Mexico. In determining
what types of operations a financial service provider of another
Party is engaged in for purposes of the preceding sentence, all
types of insurance shall be considered to be only one type of
financial service; but both life and non-life insurance
operations may be conducted either by a single or separate
Foreign Financial Affiliates.
Reservation to Articles 1404, 1405 and 1407
15. The existing activities and operations of Mexican
governmental insurance programs conducted by Aseguradora
Mexicana, S.A. or Aseguradora Hidalgo, S.A. (including insurance
for government employees, agencies, instrumentalities and public
entities) are excluded from Articles 1404, 1405 and 1407 for so
long as such firm is controlled by the government of Mexico and
for a commercially reasonable time after such governmental
control ceases.
Reservation to Article 1405
16. In order not to impair the conduct of Mexico's monetary and
exchange rate policies, non-resident financial service providers
of another Party shall not be permitted to provide financial
services into the territory of Mexico or to residents of Mexico,
and residents of Mexico may not purchase financial services from
non-resident financial service providers of another Party, if
such transactions are denominated in Mexican pesos.
Reservation to Articles 1404-1409
17. The benefits of this Agreement shall not be extended to a
foreign bank branch existing in Mexico on the date of entry into
force of this Agreement. The existing legal regime will continue
to apply to such a branch for so long as it operates in that
form. Such a branch shall be permitted to convert to a
subsidiary pursuant to the terms of this Schedule, and upon
conversion shall be covered by this Agreement. The existing
capital of such branch on the date of signature of this Agreement
shall not be counted against such Foreign Commercial Bank
Affiliate's individual capital limit, or the aggregate capital
limits for commercial banks in the event of conversion.
Definitions
For purposes of Part B of Mexico's schedule:
capital means the following, as defined in Mexican measures,
applied on a national treatment basis:
Type of Financial Institution Concept of "Capital"
commercial banks capital neto
securities firms capital global
insurance companies
casualty requerimiento bruto
de solvencia (allocation to
casualty insurance)
life and health requerimiento bruto
de solvencia (allocation to
life and health insurance)
factoring companies capital contable
leasing companies capital contable
Foreign Commercial Bank Affiliate means a Foreign Financial
Affiliate that is a commercial bank;
Foreign Financial Affiliate means a financial institution
established in Mexico and owned and controlled by a financial
service provider of another Party;
Foreign Insurance Affiliate means a Foreign Financial Affiliate
that is an insurance company; and
Transition Period means the period beginning with the entry into
force of the Agreement and ending on the earlier of i) January 1,
2000, or ii) six years from the entry into force of the
Agreement.
=============================================================================
ANNEX VII
PART C
Schedule of Mexico
SPECIFIC COMMITMENTS
1. Mexico shall retain discretion to approve, on a case-by-case
basis, any affiliation of a commercial bank or securities firm
with a commercial or industrial corporation that has a commercial
presence in Mexico, if Mexico determines that such affiliation is
harmless and, in the case of banking, either (a) not substantial,
or (b) the financial-related activities of the commercial or
industrial commercial corporation are at least 90 percent of its
annual income worldwide, and the non-financial activities of such
commercial or industrial corporation are of a type that Mexico
determines to be acceptable. Affiliation with a non-resident
commercial or industrial corporation that has no commercial
presence in Mexico will not be a reason for denial of an
application to establish or acquire a commercial bank or
securities firm in Mexico.
2. Non-bank financial service providers of another Party shall
be permitted to establish one or more limited scope financial
institutions in Mexico to provide separately consumer lending,
commercial lending, mortgage lending or credit card services on
terms no less favorable than those applied to like domestic firms
under Mexican measures. Mexico may permit lending services
closely related to the principal authorized business of a limited
scope financial institution to be carried out by that
institution. Such firms shall be provided the opportunity to
raise funds in the securities market for business operations
subject to normal terms and conditions. Mexico may restrict such
limited scope financial institutions from taking deposits.
3. Within two years of the entry into force of the Agreement,
Mexico shall conduct a study of the desirability and, if
desirable, the possible methods of establishing limited scope
securities firms which would have more limited powers than
current securities firms. Such limited scope securities firms
would be subject to differing capital requirements, depending on
the type and extent of business conducted, that would permit
lower minimum capital requirements than those currently
applicable to Mexican securities firms. The basis of the study
would be prudential considerations and opportunities for
investment in the securities sector. As part of the second
annual meeting of the Committee required under Article 1414,
Mexico shall report to the other Parties on the outcome of the
study, including any plans for the establishment of new
categories of securities firms.
4. Notwithstanding Part B (paragraph 7) of the Schedule of
Mexico, an insurance provider of another Party, together with its
affiliates, that as of July 1, 1992 collectively have an active
investment or ownership interest that has been specifically
approved by the Mexico of 10% or more in a Mexican insurance
company may: (1) exercise any contract right or option in
existence as of July 1, 1992 with respect to ownership interests
in such Mexican insurance company; and (2) effective the earlier
of January 1, 1996 or two years following the date of entry into
force of the Agreement, acquire a controlling interest of up to
100% in such Mexican insurance company. Before the effective
date described in clause (2) of the preceding sentence, an
insurance provider of another Party (together with its
affiliates) described in that sentence may exercise any existing
contract right or option described in clause (1) of that
sentence, and choose to maintain its existing interest or expand
its interest in such Mexican insurance company to the extent
consistent with Part B (paragraph 7) of the Schedule of Mexico.
Mexico shall maintain discretion to permit acceleration of the
schedule for equity participation in a Mexican insurance company
by an insurance provider of another Party described in the first
sentence of this paragraph.
5. A bank or securities provider of another Party that is
authorized to and establishes or acquires a commercial bank or
securities firm, respectively, in Mexico may also establish a
financial holding company in Mexico, and thereby establish or
acquire other types of financial institutions in Mexico, under
the terms of Mexican measures.
6. Mexico shall administer its licensing and approval
procedures during the Transition Period (as defined in Part B of
the Schedule of Mexico) in a manner that does not deny the
benefits of the liberalization of existing measures described in
the Schedule of Mexico to enterprises of another Party ultimately
controlled by nationals of that Party.
=============================================================================
ANNEX VII
PART D
Schedule of Mexico
The agency of the government of Mexico responsible for
financial services is the Secretar¡a de Hacienda y Crdito
P£blico.
Annex 0 SECTION III Animal or Vegetable Fats and Oils and Their Cleavage Products;
Prepared Edible Fats; Animal or Vegetable Waxes (Ch. 15)
Chapter 15 Animal or Vegetable Fats and Oils and
Their Cleavage Products; Prepared Edible
Fats; Animal or Vegetable Waxes
15.01-15.18 A change to headings 15.01 through 15.18
from any other chapter.
1519.11-1519.13 A change to subheadings 1519.11 through
1519.13 from any other heading, except
from heading 15.20.
1519.19 A change to subheading 1519.19 from any other
subheading.
1519.20 A change to subheading 1519.20 from any other
heading, except from heading 15.20.
1520.10 A change to subheading 1520.10 from any other
heading, except from heading 15.19.
1520.90 A change to subheading 1520.90 from any other
subheading.
15.21-15.22 A change to headings 15.21 through 15.22
from any other chapter.
Annex 00 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 (Ch. 44-46)
Chapter 44 Wood and Articles of Wood; Wood Charcoal
44.01-44.21 A change to headings 44.01 through 44.21
from any other heading, including another
heading within that group.
Chapter 45 Cork and Articles of Cork
45.01-45.02 A change to headings 45.01 through 45.02
from any other chapter.
45.03-45.04 A change to headings 45.03 through 45.04
from any other heading outside that
group.
Chapter 46 Manufactures of Straw, of Esparto or of
Other Plaiting Materials; Basketware and
Wickerwork
46.01 A change to heading 46.01 from any other
chapter.
46.02 A change to heading 46.02 from any other
heading.
Annex 00 SECTION V Mineral Products (Ch. 25-27)
Chapter 25 Salt; Sulphur; Earths and Stone;
Plastering Materials, Lime and Cement
25.01-25.30 A change to headings 25.01 through 25.30
from any other chapter.
Chapter 26 Ores, Slag and Ash
26.01-26.21 A change to headings 26.01 through 26.21
from any other chapter.
Chapter 27 Mineral Fuels, Mineral Oils and Products
of Their Distillation; Bituminous
Substances; Mineral Waxes
27.01-27.03 A change to headings 27.01 through 27.03
from any other chapter.
27.04 A change to heading 27.04 from any other
heading.
27.05-27.09 A change to headings 27.05 through 27.09
from any other chapter.
27.10-27.15 A change to headings 27.10 through 27.15
from any other heading outside that
group.
27.16 A change to heading 27.16 from any other
heading.
Annex 00 SECTION VI Products of the Chemical or Allied Industries (Ch. 28-38)
Chapter 28 Inorganic Chemicals; Organic or Inorganic
Compounds of Precious Metals, of Rare-
Earth Metals, of Radioactive Elements or
of Isotopes
28.01-28.24 A change to subheadings 2801.10 through
2824.90 from any other chapter, except
from Chapters 28 through 38; or
A change to subheadings 2801.10 through
2824.90 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is used.
2825.10-2825.60 A change to subheadings 2825.10 through
2825.60 from any other chapter, except
from Chapters 28 through 38; or
A change to subheadings 2825.10 through
2825.60 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
2825.70 A change to subheading 2825.70 from any other
subheading, except from subheading 2613.10.
2825.80-2825.90 A change to subheadings 2825.80 through
2825.90 from any chapter, except from
Chapters 28 through 38; or
A change to subheadings 2825.80 through
2825.90 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content
must be not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
28.26-28.29 A change to subheadings 2826.11 through
2829.90 from any other chapter, except
from Chapters 28 through 38; or
A change to subheadings 2826.11 through
2829.90 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
2830.10-2830.30 A change to subheadings 2830.10 through
2830.30 from any other chapter, except
from Chapters 28 through 38; or
A change to subheadings 2830.10 through
2830.30 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
2830.90 A change to subheading 2830.90 from any other
subheading, except from subheading 2613.90.
28.31-28.40 A change to subheadings 2831.10 through
2840.30 from any other chapter, except
from Chapters 28 through 38; or
A change to subheadings 2831.10 through
2840.30 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
2841.10-2841.60 A change to subheadings 2841.10 through
2841.60 from any other chapter, except
from Chapters 28 through 38; or
A change to subheadings 2841.10 through
2841.60 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
2841.70 A change to subheading 2841.70 from any other
subheading, except from subheading 2613.10.
2841.80-2841.90 A change to subheadings 2841.80 through
2841.90 from any other chapter, except
from Chapters 28 through 38; or
A change to subheadings 2841.80 through
2841.90 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
28.42-28.51 A change to subheadings 2842.10 through
2851.00 from any other chapter, except
from Chapters 28 through 38; or
A change to subheadings 2842.10 through
2851.00 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
Chapter 29 Organic Chemicals
29.01-29.42 A change to subheadings 2901.10 through
2942.00 from any other chapter, except
from Chapters 28 through 38; or
A change to subheadings 2901.10 through
2942.00 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
Chapter 30 Pharmaceutical Products
30.01 A change to subheadings 3001.10 through
3001.90 from any other heading; or
A change to subheadings 3001.10 through
3001.90 from any other subheading within
heading 30.01, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
30.02 A change to subheadings 3002.10 through
3002.90 from any other heading; or
A change to subheadings 3002.10 through
3002.90 from any other subheading within
heading 30.02, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
30.03 A change to subheadings 3003.10 through
3003.90 from any other heading; or
A change to subheadings 3003.10 through
3003.90 from any other subheading within
heading 30.03, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
30.04 A change to subheadings 3004.10 through
3004.90 from any other heading, except
from heading 30.03; or
A change to subheadings 3004.10 through
3004.90 from any other subheading within
heading 30.04, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
30.05 A change to subheadings 3005.10 through
3005.90 from any other heading; or
A change to subheadings 3005.10 through
3005.90 from any other subheading within
heading 30.05, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
30.06 A change to subheadings 3006.10 through
3006.60 from any other heading; or
A change to subheadings 3006.10 through
3006.60 from any other subheading within
heading 30.06, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
Chapter 31 Fertilisers
31.01-31.05 A change to subheadings 3101.00 through
3105.90 from any other chapter; or
A change to subheadings 3101.00 through
3105.90 from any other subheading within
Chapter 31, whether or not there is also a
change from any other chapter, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
Chapter 32 Tanning or Dyeing Extracts; Tannins and
Their Derivatives; Dyes, Pigments and
Other Colouring Matter; Paints and
Varnishes; Putty and Other Mastics; Inks
32.01-32.03 A change to subheadings 3201.10 through
3203.00 from any other chapter, except
from Chapters 28 through 38; or
A change to subheadings 3201.10 through
3203.00 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
3204.11-3204.16 A change to subheadings 3204.11 through
3204.16 from any other chapter, except
from Chapters 28 through 38; or
A change to subheadings 3204.11 through
3204.16 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
3204.17 For any colour, as defined under the Colour
Index, identified in the List of Colours
below, a change to subheading 3204.17 from any
other subheading.
For any colour, as defined under the Colour
Index, not identified in the List of Colours
above:
1) a change to subheading 3204.17 from any
other subheading, except from Chapter 29;
or
2) a change to subheading 3204.17 from any
other subheading within Chapter 29,
whether or not there is also a change
from any other subheading, provided there
is a regional value content of not less
than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
3204.19-3204.90 A change to subheadings 3204.19 through
3204.90 from any other chapter, except
from Chapters 28 through 38; or
A change to subheadings 3204.19 through
3204.90 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
32.05 A change to heading 32.05 from any other
heading.
32.06-32.07 A change to subheadings 3206.10 through
3207.40 from any other chapter, except
from Chapters 28 through 38; or
A change to subheadings 3206.10 through
3207.40 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
32.08-32.10 A change to headings 32.08 through 32.10
from any other heading outside that
group.
32.11-32.12 A change to headings 32.11 through 32.12
from any other heading outside that
group.
32.13-32.15 A change to headings 32.13 through 32.15
from any other heading outside that
group, except from headings 32.08 through
32.10.
Chapter 33 Essential Oils and Resinoids; Perfumery,
Cosmetics or Toilet Preparations
33.01 A change to subheadings 3301.11 through
3301.90 from any other chapter; or
A change to subheadings 3301.11 through
3301.90 from any other subheading within
Chapter 33, whether or not there is also a
change from any other chapter, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
33.02 A change to heading 33.02 from any other
heading, except from headings 22.07
through 22.08.
33.03 A change to heading 33.03 from any other
chapter; or
A change to heading 33.03 from any other
heading within Chapter 33, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
33.04-33.07 A change to subheadings 3304.10 through
3307.90 from any other heading outside
that group; or
A change to subheadings 3304.10 through
3307.90 from any other subheading within that
group, whether or not there is also a change
from any other heading outside that group,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
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
34.01 A change to subheadings 3401.11 through
3401.20 from any other heading; or
A change to subheadings 3401.11 through
3401.20 from any other subheading within
heading 34.01, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 65% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
3402.11-3402.19 A change to subheadings 3402.11 through
3402.19 from any other heading; or
A change to subheadings 3402.11 through
3402.19 from any other subheading within
heading 34.02, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 65% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
3402.20-3402.90 A change to subheadings 3402.20 through
3402.90 from any other subheading outside
that group; or
A change to subheadings 3402.20 through
3402.90 from any other subheading within that
group, whether or not there is also a change
from any other subheading outside that group,
provided there is a regional value content of
not less than:
a) 65% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
34.03 A change to subheadings 3403.11 through
3403.99 from any other heading; or
A change to subheadings 3403.11 through
3403.99 from any other subheading within
heading 34.03, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 65% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
34.04 A change to subheadings 3404.10 through
3404.90 from any other heading; or
A change to subheadings 3404.10 through
3404.90 from any other subheading within
heading 34.04, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 65% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
34.05 A change to subheadings 3405.10 through
3405.90 from any other heading; or
A change to subheadings 3405.10 through
3405.90 from any other subheading within
heading 34.05, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 65% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
34.06-34.07 A change to headings 34.06 through 34.07
from any other heading, including another
heading within that group.
35.01 A change to subheadings 3501.10 through
3501.90 from any other heading; or
A change to subheadings 3501.10 through
3501.90 from any other subheading within
heading 35.01, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 65% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
35.02 A change to subheadings 3502.10 through
3502.90 from any other heading; or
A change to subheadings 3502.10 through
3502.90 from any other subheading within
heading 35.02, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 65% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
35.03-35.04 A change to headings 35.03 through 35.04
from any other heading, including another
heading within that group.
35.05 A change to subheadings 3505.10 through
3505.20 from any other heading; or
A change to subheadings 3505.10 through
3505.20 from any other subheading within
heading 35.05, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 65% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
35.06 A change to subheadings 3506.10 through
3506.99 from any other heading; or
A change to subheadings 3506.10 through
3506.99 from any other subheading within
heading 35.06, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 65% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
35.07 A change to subheadings 3507.10 through
3507.90 from any other heading; or
A change to subheadings 3507.10 through
3507.90 from any other subheading within
heading 35.07, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 65% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
36.01-36.03 A change to headings 36.01 through 36.03
from any other heading, including another
heading within that group.
36.04 A change to subheadings 3604.10 through
3604.90 from any other heading; or
A change to subheadings 3604.10 through
3604.90 from any other subheading within
heading 36.04, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 65% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
36.05 A change to heading 36.05 from any other
heading.
36.06 A change to subheadings 3606.10 through
3606.90 from any other heading; or
A change to subheadings 3606.10 through
3606.90 from any other subheading within
heading 36.06, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 65% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
Chapter 37 Photographic or Cinematographic Goods
37.01-37.03 A change to headings 37.01 through 37.03 from
any other chapter.
37.04 A change to heading 37.04 from any other
heading.
37.05-37.06 A change to headings 37.05 through 37.06
from any other heading outside that
group.
37.07 A change to subheadings 3707.10 through
3707.90 from any other chapter; or
A change to subheadings 3707.10 through
3707.90 from any other subheading within
Chapter 37, including another subheading
within that group, whether or not there is
also a change from any other chapter, provided
there is a regional value content of not less
than:
a) 65% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
Chapter 38 Miscellaneous Chemical Products
38.01-38.07 A change to subheadings 3801.10 through
3807.00 from any other chapter, except
from Chapters 28 through 38; or
A change to subheadings 3801.10 through
3807.00 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
38.08 Note: A material, imported into the territory
of a Party for use in the production of a
good classified under heading 38.08,
shall be treated as a material
originating in the territory of a Party
if:
a) such material is eligible, in the
territories of both that Party and the
Party to whose territory the good is
exported, for duty-free treatment at the
rates provided for most-favoured-nations;
or
b) the good is exported to the territory of
the United States of America and such
material would, if imported into the
territory of the United States of
America, be free of duty under a trade
agreement that is not subject to a
competitive need limitation.
A change to heading 38.08 from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or 80% where the
transaction value method is used and
the goods contain more than one
active ingredient; or
b) 50% where the net cost method is
used, or 70% where the net cost
method is used and the goods contain
more than one active ingredient.
38.09-38.23 A change to subheadings 3809.10 through
3823.90 from any other chapter, except from
Chapters 28 through 38; or
A change to subheadings 3809.10 through
3823.90 from any other subheading within
Chapters 28 through 38, including another
subheading within that group, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
Annex 00 SECTION VII Plastics and Articles Thereof; Rubber and Articles Thereof
(Ch. 39-40)
Chapter 39 Plastics and Articles Thereof
39.01-39.20 A change to headings 39.01 through 39.20
from any other heading, including another
heading within that group, provided there
is a regional value content of not less
than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
3921.11-3921.13 A change to subheadings 3921.11 through
3921.13 from any other heading, provided
there is a regional value content of not
less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
3921.14 A change to subheading 3921.14 from any other
heading, except from subheading 3920.20 or
3920.71. In addition, the regional value
content must be not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
3921.19 A change to subheading 3921.19 from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
3921.90 A change to subheading 3921.90 from any other
heading, except from subheading 3920.20 or
3920.71. In addition, the regional value
content percentage must be not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
39.22 A change to heading 39.22 from any other
heading, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
3923.10-3923.21 A change to subheadings 3923.10 through
3923.21 from any other heading, provided
there is a regional value content of not
less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
3923.29 A change to subheading 3923.29 from any other
heading, except from subheading 3920.20 or
3920.71. In addition, the regional value
content percentage must be not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
3923.30-3923.90 A change to subheadings 3923.30 through
3923.90 from any other heading, provided
there is a regional value content of not
less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
39.24-39.26 A change to headings 39.24 through 39.26
from any other heading, including another
heading within that group, provided there
is a regional value content of not less
than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
Chapter 40 Rubber and Articles Thereof
40.01-40.06 A change to headings 40.01 through 40.06
from any other chapter; or
A change to headings 40.01 through 40.06 from
any other heading within Chapter 40, including
another heading within that group, whether or
not there is also a change from any other
chapter, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is us
40.07-40.08 A change to headings 40.07 through 40.08
from any other heading outside that
group.
4009.10-4009.40 A change to subheadings 4009.10 through
4009.40 from any other heading, except
from headings 40.10 through 40.17.
4009.50 A change to tubes, pipes or hoses of
subheading 4009.50, of a kind used for motor
vehicles of heading 87.02 for the transport of
15 or fewer persons, motor cars or other motor
vehicles of heading 87.03, motor vehicles of
subheading 8704.21 or 8704.31 or motorcycles
of heading 87.11, from any other heading,
except from headings 40.10 through 40.17; or
A change to tubes, pipes or hoses of
subheading 4009.50, of a kind used for motor
vehicles of heading 87.02 for the transport of
15 or fewer persons, motor cars or other motor
vehicles of heading 87.03, motor vehicles of
subheading 8704.21 or 8704.31 or motorcycles
of heading 87.11, from subheadings 4009.10
through 4017.00, whether or not there is also
a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction method is used,
or
b) 50% where the net cost method is used; or
A change to tubes, pipes or hoses of
subheading 4009.50, other than those of a kind
used for motor vehicles of heading 87.02 for
the transport of 15 or fewer persons, motor
cars or other motor vehicles of heading 87.03,
motor vehicles of subheading 8704.21 or
8704.31 or motorcycles of heading 87.11 from
any other heading, except from headings 40.10
through 40.17
40.10-40.11 A change to headings 40.10 through 40.11
from any other heading, except from
headings 40.09 through 40.17.
4012.10 A change to subheading 4012.10 from any other
subheading, except from Canadian tariff item
4012.20.20, U.S. tariff item 4012.20.15 or
4012.20.18, Mexican tariff item 4012.20.01.
4012.20-4012.90 A change to subheadings 4012.20 through
4012.90 from any other heading, except
from headings 40.09 through 40.17.
40.13-40.15 A change to headings 40.13 through 40.15
from any other heading, except from
headings 40.09 through 40.17.
4016.10-4016.92 A change to subheadings 4016.10 through
4016.92 from any other heading, except
from headings 40.09 through 40.17.
4016.93
4016.93.10 A change to Canadian tariff item
4016.93.10, U.S. tariff item 4016.93.10,
Mexican tariff item 4016.93.04 from any
other heading, except from Canadian
tariff item 4008.19.10 or
4008.29.10, U.S. tariff item 4008.19.05
or 4008.29.10, Mexican tariff item
4008.19.01 or 4008.29.01.
4016.93 A change to subheading 4016.93 from any other
heading, except from headings 40.09 through
40.17.
4016.94-4016.95 A change to subheadings 4016.94 through
4016.95 from any other heading, except
from headings 40.09 through 40.17.
4016.99
4016.99.a1 A change to Canadian tariff item
4016.99.a1, U.S. tariff item 4016.99.h1,
Mexican tariff item 4016.99.x1 from any
other subheading, provided there is a
regional value content of not less than
50% under the net cost method.
4016.99 A change to subheading 4016.99 from any other
heading, except from headings 40.09 through
40.17.
40.17 A change to heading 40.17 from any other
heading, except from headings 40.09
through 40.16.
Annex 00 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 Silkworm Gut)
(Ch.41-43)
Chapter 41 Raw Hides and Skins (Other Than Furskins)
and Leather
41.01-41.03 A change to headings 41.01 through 41.03
from any other chapter.
41.04 A change to heading 41.04 from any other
heading, except from headings 41.05
through 41.11.
41.05 A change to heading 41.05 from Canadian
tariff item 4105.19.10, U.S. tariff
item 4105.19.10, Mexican tariff item
4105.19.01, headings 41.01 through 41.03
or any other chapter.
41.06 A change to heading 41.06 from Canadian
tariff item 4106.19.10, U.S. tariff
item 4106.19.10, Mexican tariff item
4106.19.01, headings 41.01 through 41.03
or any other chapter.
41.07 A change to heading 41.07 from Canadian
tariff item 4107.10.10, U.S. tariff
item 4107.10.10, Mexican tariff item
4107.10.02, headings 41.01 through 41.03
or any other chapter.
41.08-41.11 A change to headings 41.08 through 41.11
from any other heading, except from
headings 41.04 through 41.11.
Chapter 42 Articles of Leather; Saddlery and
Harness; Travel Goods, Handbags and
Similar Containers; Articles of Animal
Gut (Other Than Silk-Worm Gut)
42.01 A change to heading 42.01 from any other
chapter.
4202.11 A change to subheading 4202.11 from any other
chapter.
4202.12 A change to subheading 4202.12 from any other
chapter, except from headings 54.07, 54.08 or
55.12 through 55.16.
4202.19-4202.21 A change to subheadings 4202.19 through
4202.21 from any other chapter.
4202.22 A change to subheading 4202.22 from any other
chapter, except from headings 54.07, 54.08 or
55.12 through 55.16.
4202.29-4202.31 A change to subheadings 4202.29 through
4202.31 from any other chapter.
4202.32 A change to subheading 4202.32 from any other
chapter, except from headings 54.07, 54.08 or
55.12 through 55.16.
4202.39-4202.91 A change to subheadings 4202.39 through
4202.91 from any other chapter.
4202.92 A change to subheading 4202.92 from any other
chapter, except from headings 54.07, 54.08 or
55.12 through 55.16.
4202.99 A change to subheading 4202.99 from any other
chapter.
42.03-42.06 A change to headings 42.03 through 42.06
from any other chapter.
Chapter 43 Furskins and Artificial Fur; Manufactures
Thereof
43.01 A change to heading 43.01 from any other
chapter.
43.02 A change to heading 43.02 from any other
heading.
43.03-43.04 A change to headings 43.03 through 43.04
from any other heading outside that
group.
Annex 00 SECTION X Pulp of Wood or of other Fibrous Cellulosic Material; Waste and
Scrap of Paper or Paperboard; Paper and Paperboard and Articles
Thereof (Ch. 47-49)
Chapter 47 Pulp of Wood or of Other Fibrous
Cellulosic Material; Waste and Scrap of
Paper or Paperboard
47.01-47.07 A change to headings 47.01 through 47.07
from any other chapter.
Chapter 48 Paper and Paperboard; Articles of Paper
Pulp, of Paper or of Paperboard
48.01-48.07 A change to headings 48.01 through 48.07
from any other chapter.
48.08-48.09 A change to headings 48.08 through 48.09
from any other heading outside that
group.
48.10-48.13 A change to headings 48.10 through 48.13
from any other chapter.
48.14-48.15 A change to headings 48.14 through 48.15
from any other heading outside that
group.
48.16 A change to heading 48.16 from any other
heading, except from heading 48.09.
48.17-48.23 A change to headings 48.17 through 48.23
from any other heading outside that
group.
Chapter 49 Printed Books, Newspapers, Pictures and
Other Products of the Printing Industry;
Manuscripts, Typescripts and Plans
49.01-49.11 A change to headings 49.01 through 49.11
from any other chapter.
Annex 00 SECTION XI Textiles and Textile Articles (Ch. 50-63)
Note: For purposes of the textiles provisions, the term
"wholly" is interpreted to mean that the product is made
entirely or solely of the named material.
Chapter 50 Silk
50.01-50.03 A change to headings 50.01 through 50.03
from any other chapter.
50.04-50.06 A change to headings 50.04 through 50.06
from any other heading outside that
group.
50.07 A change to heading 50.07 from
any other heading.
Chapter 51 Wool, Fine or Coarse Animal Hair;
Horsehair Yarn and Woven Fabric
51.01-51.05 A change to headings 51.01 through
51.05 from any other chapter.
51.06-51.10 A change to headings 51.06 through 51.10
from any other heading outside that
group.
51.11-51.13 A change to headings 51.11 through 51.13
from any other heading outside that
group, except from headings 51.06 through
51.10, 52.05 through 52.06, 54.01 through
54.04, or 55.09 through 55.10.
Chapter 52 Cotton
52.01-52.07 A change to headings 52.01 through 52.07
from any other chapter, except from
headings 54.01 through 54.05 or 55.01
through 55.07.
52.08-52.12 A change to headings 52.08 through 52.12
from any other heading outside that
group, except from headings 51.06 through
51.10, 52.05 through 52.06, 54.01 through
54.04, or 55.09 through 55.10.
Chapter 53 Other Vegetable Textile Fibres; Paper
Yarn and Woven Fabrics of Paper Yarn
53.01-53.05 A change to headings 53.01 through
53.05 from any other chapter.
53.06-53.08 A change to headings 53.06 through 53.08
from any other heading outside that
group.
53.09 A change to heading 53.09 from any other
heading, except from headings 53.07
through 53.08.
53.10-53.11 A change to headings 53.10 through 53.11
from any other heading outside that
group, except from headings 53.07 through
53.08.
Chapter 54 Man-Made Filaments
54.01-54.06 A change to headings 54.01 through 54.06
from any other chapter, except from
headings 52.01 through 52.03 or 55.01
through 55.07.
54.07
5407.60.10 A change to Canadian tariff item
5407.60.10, U.S. tariff item 5407.60.22,
Mexican tariff item 5407.60.02 from any
other chapter or from Canadian tariff
item 5402.43.10 or 5402.52.10, U.S.
tariff item 5402.43.10 or 5402.52.10,
Mexican tariff item 5402.43.01 or
5402.52.02, except from headings 51.06
through 51.10, 52.05 through 52.06 or
55.09 through 55.10.
54.07 A change to heading 54.07 from any other
chapter, except from headings 51.06
through 51.10, 52.05 through 52.06 or
55.09 through 55.10.
54.08 A change to heading 54.08 from any other
chapter, except from headings 51.06
through 51.10, 52.05 through 52.06 or
55.09 through 55.10.
Chapter 55 Man-Made Staple Fibres
55.01-55.11 A change to headings 55.01 through 55.11
from any other chapter, except from
headings 52.01 through 52.03 or 54.01
through 54.05.
55.12-55.16 A change to headings 55.12 through 55.16
from any other heading outside that
group, except from headings 51.06 through
51.10, 52.05 through 52.06, 54.01 through
54.04 or 55.09 through 55.10.
Chapter 56 Wadding, Felt and Nonwovens; Special
Yarns; Twine; Cordage, Ropes and Cables
and Articles Thereof
56.01-56.09 A change to headings 56.01 through 56.09
from any other chapter, except from
headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, or Chapters 54 through 55.
Chapter 57 Carpets and Other Textile Floor Coverings
57.01-57.05 A change to headings 57.01 through 57.05
from any other chapter, except from
headings 51.06 through 51.13, 52.04
through 52.12, 53.08, 53.11, 55.08
through 55.16, or Chapter 54.
58.01-58.11 A change to headings 58.01 through 58.11
from any other chapter, except from
headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, or Chapters 54 through 55.
Chapter 59 Impregnated, Coated, Covered or Laminated
Textile Fabrics; Textile
Articles of a Kind Suitable For Industrial Use
59.01 A change to heading 59.01 from any other
chapter, except from headings 51.11
through 51.13, 52.08 through 52.12, 53.10
through 53.11, 54.07 through 54.08, or
55.12 through 55.16.
59.02 A change to heading 59.02 from any other
heading, except from headings 51.06
through 51.13, 52.04 through 52.12, 53.06
through 53.11, or Chapters 54 through 55.
59.03-59.08 A change to headings 59.03 through 59.08
from any other chapter, except from
headings 51.11 through 51.13, 52.08
through 52.12, 53.10 through 53.11, 54.07
through 54.08, or 55.12 through 55.16.
59.09 A change to heading 59.09 from any other
chapter, except from headings 51.11
through 51.13, 52.08 through 52.12, 53.10
through 53.11, 55.12 through 55.16, or
Chapter 54.
59.10 A change to heading 59.10 from any other
heading, except from headings 51.06
through 51.13, 52.04 through 52.12, 53.07
through 53.08, 53.10 through 53.11, or
Chapters 54 through 55.
59.11 A change to heading 59.11 from any other
chapter, except from headings 51.11
through 51.13, 52.08 through 52.12, 53.10
through 53.11, 54.07 through 54.08, or
55.12 through 55.16.
Chapter 60 Knitted or Crocheted Fabrics
60.01-60.02 A change to headings 60.01 through 60.02
from any other chapter, except from
headings 51.06 through 51.13, 53.07
through 53.08, 53.10 through 53.11, or
Chapters 52, 54 through 55.
Chapter 61 Articles of Apparel and Clothing
Accessories, Knitted or Crocheted
Note 1: A change to any of the following headings or
subheadings for visible lining fabrics:
51.11-51.12, 5208.31-5208.59, 5209.31-5209.59,
5210.31-5210.59, 5211.31-5211.59,
5212.13-5212.15, 5212.23-5212.25,
5407.42-5407.44, 5407.52-5407.54, 5407.60,
5407.72-5407.74, 5407.82-5407.84,
5407.92-5407.94, 5408.22-5408.24 (excluding
Canadian tariff item 5408.22.10,
5408.23.10 or 5408.24.10, U.S. tariff
item 5408.22.h1, 5408.23.h1 or 5408.24.h1,
Mexican tariff item 5408.22.x1, 5408.23.x1 or
5408.24.x1), 5408.32-5408.34, 5512.19,
5512.29, 5512.99, 5513.21-5513.49,
5514.21-5515.99, 5516.12-5516.14,
5516.22-5516.24, 5516.32-5516.34,
5516.42-5516.44, 5516.92-5516.94, 6001.10,
6001.92, 6002.43, or 6002.91-6002.93, from any
other heading outside that group.
Note 2: Apparel products of this Chapter shall be
considered to originate in the territory of a
Party if they are both cut and sewn or
otherwise assembled in the territory of one or
more of the Parties and if the outer shell,
exclusive of collars or cuffs, is wholly of
fabrics of Canadian tariff item 6002.92.a1,
U.S. tariff item 6002.92.10, Mexican tariff
item 6002.92.01.
Note 3: For the purpose of determining the origin of a
good of this Chapter, the rule applicable to
that good shall only apply to the fabric which
imparts to the good its essential character
and such fabric must satisfy the tariff change
requirements set out in the rule for that
good. If the rule requires that the good must
also satisfy the tariff change requirements
for visible lining fabrics listed in Note 1,
such requirement shall only apply to the
visible lining fabric in the main body of the
garment, excluding sleeves, which covers the
largest surface area, and shall not apply to
removable linings.
6101.10-6101.30 A change to subheadings 6101.10 through
6101.30 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties,
and visible lining fabrics listed in Note
1 satisfy the tariff change requirements
provided therein.
6101.90 A change to subheading 6101.90 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 60.01 through 60.02, or Chapter 54;
provided the goods are both cut (or knit to
shape) and sewn or otherwise assembled in the
territory of one or more of the Parties.
6102.10-6102.30 A change to subheadings 6102.10 through
6102.30 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties,
and visible lining fabrics listed in Note
1 satisfy the tariff change requirements
provided therein.
6102.90 A change to subheading 6102.90 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 60.01 through 60.02, or Chapter 54;
provided the goods are both cut (or knit to
shape) and sewn or otherwise assembled in the
territory of one or more of the Parties.
6103.11-6103.12 A change to subheadings 6103.11 through
6103.12 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties,
and visible lining fabrics listed in Note
1 satisfy the tariff change requirements
provided therein.
6103.19
6103.19.90 A change to Canadian tariff item
6103.19.90, U.S. tariff item 6103.19.40,
Mexican tariff item 6103.19.02 or
6103.19.99 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties.
6103.19 A change to subheading 6103.19 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 60.01 through 60.02, or Chapter 54;
provided the goods are both cut (or knit to
shape) and sewn or otherwise assembled in the
territory of one or more of the Parties, and
visible lining fabrics listed in Note 1
satisfy the tariff change requirements
provided therein.
6103.21-6103.29 A change to subheadings 6103.21 through
6103.29 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties
and, with the additional requirement that
garments described in heading 61.01 or
jackets or blazers described in heading
61.03, of wool, fine animal hair, cotton
or man-made fibres, imported as part of
the ensembles of these subheadings, the
visible lining fabrics listed in Note 1
satisfy the tariff change requirements
provided therein.
6103.31-6103.33 A change to subheadings 6103.31 through
6103.33 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties,
and visible lining fabrics listed in Note
1 satisfy the tariff change requirements
provided therein.
6103.39
6103.39.90 A change to Canadian tariff item
6103.39.90, U.S. tariff item 6103.39.20,
Mexican tariff item 6103.39.02 or
6103.39.99 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties.
6103.39 A change to subheading 6103.39 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 60.01 through 60.02, or Chapter 54;
provided the goods are both cut (or knit to
shape) and sewn or otherwise assembled in the
territory of one or more of the Parties, and
visible lining fabrics listed in Note 1
satisfy the tariff change requirements
provided therein.
6103.41-6103.49 A change to subheadings 6103.41 through
6103.49 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties.
6104.11-6104.13 A change to subheadings 6104.11 through
6104.13 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties,
and visible lining fabrics listed in Note
1 satisfy the tariff change requirements
provided therein.
6104.19
6104.19.90 A change to Canadian tariff item
6104.19.90, U.S. tariff item 6104.19.20,
Mexican tariff item 6104.19.02 or
6104.19.99 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties.
6104.19 A change to subheading 6104.19 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 60.01 through 60.02, or Chapter 54;
provided the goods are both cut (or knit to
shape) and sewn or otherwise assembled in the
territory of one or more of the Parties, and
visible lining fabrics listed in Note 1
satisfy the tariff change requirements
provided therein.
6104.21-6104.29 A change to subheadings 6104.21 through
6104.29 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties
and, with the additional requirement that
garments described in heading 61.02,
jackets or blazers described in heading
61.04, or skirts described in heading
61.04, of wool, fine animal hair, cotton
or man-made fibres, imported as part of
the ensembles of these subheadings, the
visible lining fabrics listed in Note 1
satisfy the tariff change requirements
provided therein.
6104.31-6104.33 A change to subheadings 6104.31 through
6104.33 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties,
and visible lining fabrics listed in Note
1 satisfy the tariff change requirements
provided therein.
6104.39
6104.39.90 A change to Canadian tariff item
6104.39.90, U.S. tariff item 6104.39.20,
Mexican tariff item 6104.39.02 or
6104.39.99 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties.
6104.39 A change to subheading 6104.39 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 60.01 through 60.02, or Chapter 54;
provided the goods are both cut (or knit to
shape) and sewn or otherwise assembled in the
territory of one or more of the Parties, and
visible lining fabrics listed in Note 1
satisfy the tariff change requirements
provided therein.
6104.41-6104.49 A change to subheadings 6104.41 through
6104.49 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties.
6104.51-6104.53 A change to subheadings 6104.51 through
6104.53 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties,
and visible lining fabrics listed in Note
1 satisfy the tariff change requirements
provided therein.
6104.59
6104.59.90 A change to Canadian tariff item
6104.59.90, U.S. tariff item 6104.59.20,
Mexican tariff item 6104.59.02 or
6104.59.99 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties.
6104.59 A change to subheading 6104.59 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 60.01 through 60.02, or Chapter 54;
provided the goods are both cut (or knit to
shape) and sewn or otherwise assembled in the
territory of one or more of the Parties, and
visible lining fabrics listed in Note 1
satisfy the tariff change requirements
provided therein.
6104.61-6104.69 A change to subheadings 6104.61 through
6104.69 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties.
61.05-61.17 A change to headings 61.05 through 61.17
from any other chapter, except from
headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties.
Chapter 62 Articles of Apparel and Clothing
Accessories, Not Knitted or Crocheted
Note 1: A change to any of the following headings or
subheadings for visible lining fabrics:
51.11-51.12, 5208.31-5208.59, 5209.31-5209.59,
5210.31-5210.59, 5211.31-5211.59,
5212.13-5212.15, 5212.23-5212.25,
5407.42-5407.44, 5407.52-5407.54, 5407.60,
5407.72-5407.74, 5407.82-5407.84,
5407.92-5407.94, 5408.22-5408.24 (excluding
Canadian tariff item 5408.22.10, 5408.23.10 or
5408.24.10, U.S. tariff item 5408.22.h1,
5408.23.h1 or 5408.24.h1, Mexican tariff item
5408.22.x1, 5408.23.x1 or 5408.24.x1),
5408.32-5408.34, 5512.19, 5512.29, 5512.99,
5513.21-5513.49, 5514.21-5515.99,
5516.12-5516.14, 5516.22-5516.24,
5516.32-5516.34, 5516.42-5516.44,
5516.92-5516.94, 6001.10, 6001.92, 6002.43, or
6002.91-6002.93, from any other heading
outside that group.
Note 2: Apparel products of this Chapter shall be
considered to originate if they are both cut
and sewn or otherwise assembled in the
territory of one or more of the Parties and if
the outer shell, exclusive of collars or
cuffs, is wholly of one or more of the
following fabrics:
(i) Velveteen fabrics of subheading 5801.23,
containing 85 per cent or more by weight
of cotton;
(ii) Corduroy fabrics of subheading 5801.22,
containing 85 per cent or more by weight
of cotton and containing more than 7.5
wales per centimetre;
(iii) Fabrics of subheading 5111.11 or
5111.19, if hand-woven, with a loom
width of less than 76 cm, woven in
the United Kingdom in accordance
with the rules and regulations of
the Harris Tweed Association, Ltd.,
and so certified by the Association;
(iv) Fabrics of subheading 5112.30, weighing
not more than 340 grams per square metre,
containing wool, not less than 20 per
cent by weight of fine animal hair and
not less than 15 per cent by weight of
man-made staple fibres;
(v) Batiste fabrics of subheading 5513.11 or
5513.21, of square construction, of
single yarns exceeding 76 metric count,
containing between 60 and 70 warp ends
and filling picks per square centimetre,
of a weight not exceeding 110 grams per
square metre.
Note 3: For the purpose of determining the origin of a
good of this Chapter, the rule applicable to
that good shall only apply to the fabric which
imparts to the good its essential character
and such fabric must satisfy the tariff change
requirements set out in the rule for that
good. If the rule requires that the good must
also satisfy the tariff change requirements
for visible lining fabrics listed in Note 1,
such requirement shall only apply to the
visible lining fabric in the main body of the
garment, excluding sleeves, which covers the
largest surface area, and shall not apply to
removable linings.
6201.11-6201.13 A change to subheadings 6201.11 through
6201.13 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties, and visible lining fabrics
listed in Note 1 satisfy the tariff
change requirements provided therein.
6201.19 A change to subheading 6201.19 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 58.01 through 58.02, 60.01 through
60.02, or Chapter 54; provided the goods are
both cut and sewn or otherwise assembled in
the territory of one or more of the Parties.
6201.91-6201.93 A change to subheadings 6201.91 through
6201.93 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties, and visible lining fabrics
listed in Note 1 satisfy the tariff
change requirements provided therein.
6201.99 A change to subheading 6201.99 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 58.01 through 58.02, 60.01 through
60.02, or Chapter 54; provided the goods are
both cut and sewn or otherwise assembled in
the territory of one or more of the Parties.
6202.11-6202.13 A change to subheadings 6202.11 through
6202.13 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties, and visible lining fabrics
listed in Note 1 satisfy the tariff
change requirements provided therein.
6202.19 A change to subheading 6202.19 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 58.01 through 58.02, 60.01 through
60.02, or Chapter 54; provided the goods are
both cut and sewn or otherwise assembled in
the territory of one or more of the Parties.
6202.91-6202.93 A change to subheadings 6202.91 through
6202.93 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties, and visible lining fabrics
listed in Note 1 satisfy the tariff
change requirements provided therein.
6202.99 A change to subheading 6202.99 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 58.01 through 58.02, 60.01 through
60.02, or Chapter 54; provided the goods are
both cut and sewn or otherwise assembled in
the territory of one or more of the Parties.
6203.11-6203.12 A change to subheadings 6203.11 through
6203.12 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties, and visible lining fabrics
listed in Note 1 satisfy the tariff
change requirements provided therein.
6203.19
6203.19.90 A change to Canadian tariff item
6203.19.90, U.S. tariff item 6203.19.40,
Mexican tariff item 6203.19.02 or
6203.19.99 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties.
6203.19 A change to subheading 6203.19 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 58.01 through 58.02, 60.01 through
60.02, or Chapter 54; provided the goods are
both cut and sewn or otherwise assembled in
the territory of one or more of the Parties,
and visible lining fabrics listed in Note 1
satisfy the tariff change requirements
provided therein.
6203.21-6203.29 A change to subheadings 6203.21 through
6203.29 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties
and, with the additional requirement that
garments described in heading 62.01 or
jackets or blazers described in heading
62.03, of wool, fine animal hair, cotton
or man-made fibres, imported as part of
the ensembles of these subheadings, the
visible lining fabrics listed in Note 1
satisfy the tariff change requirements
provided therein.
6203.31-6203.33 A change to subheadings 6203.31 through
6203.33 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties, and visible lining fabrics
listed in Note 1 satisfy the tariff
change requirements provided therein.
6203.39
6203.39.a1 A change to Canadian tariff item
6203.39.a1, U.S. tariff item 6203.39.40,
Mexican tariff item 6203.39.02 or
6203.39.99 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties.
6203.39 A change to subheading 6203.39 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 58.01 through 58.02, 60.01 through
60.02, or Chapter 54; provided the goods are
both cut and sewn or otherwise assembled in
the territory of one or more of the Parties,
and visible lining fabrics listed in Note 1
satisfy the tariff change requirements
provided therein.
6203.41-6203.49 A change to subheadings 6203.41 through
6203.49 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties.
6204.11-6204.13 A change to subheadings 6204.11 through
6204.13 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties, and visible lining fabrics
listed in Note 1 satisfy the tariff
change requirements provided therein.
6204.19
6204.19.a1 A change to Canadian tariff 6204.19.a1,
U.S. tariff item 6204.19.30, Mexican
tariff item 6204.19.02 or 6204.19.99 from
any other chapter, except from headings
51.06 through 51.13, 52.04 through 52.12,
53.07 through 53.08, 53.10 through 53.11,
55.08 through 55.16, 58.01 through 58.02,
60.01 through 60.02, or Chapter 54;
provided the goods are both cut and sewn
or otherwise assembled in the territory
of one or more of the Parties.
6204.19 A change to subheading 6204.19 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 58.01 through 58.02, 60.01 through
60.02, or Chapter 54; provided the goods are
both cut and sewn or otherwise assembled in
the territory of one or more of the Parties,
and visible lining fabrics listed in Note 1
satisfy the tariff change requirements
provided therein.
6204.21-6204.29 A change to subheadings 6204.21 through
6204.29 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 60.01
through 60.02, or Chapter 54; provided
the goods are both cut (or knit to shape)
and sewn or otherwise assembled in the
territory of one or more of the Parties
and, with the additional requirement that
garments described in heading 62.02,
jackets or blazers described in heading
62.04, or skirts described in heading
62.04, of wool, fine animal hair, cotton
or man-made fibres, imported as part of
the ensembles of these subheadings, the
visible lining fabrics listed in Note 1
satisfy the tariff change requirements
provided therein.
6204.31-6204.33 A change to subheadings 6204.31 through
6204.33 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties, and visible lining fabrics
listed in Note 1 satisfy the tariff
change requirements provided therein.
6204.39
6204.39.90 A change to Canadian tariff item
6204.39.90, U.S. tariff item 6204.39.60
or 6204.39.80, Mexican tariff item
6204.39.02 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties.
6204.39 A change to subheading 6204.39 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 58.01 through 58.02, 60.01 through
60.02, or Chapter 54; provided the goods are
both cut and sewn or otherwise assembled in
the territory of one or more of the Parties,
and visible lining fabrics listed in Note 1
satisfy the tariff change requirements
provided therein.
6204.41-6204.49 A change to subheadings 6204.41 through
6204.49 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties.
6204.51-6204.53 A change to subheadings 6204.51 through
6204.53 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties, and visible lining fabrics
listed in Note 1 satisfy the tariff
change requirements provided therein.
6204.59
6204.59.90 A change to Canadian tariff item
6204.59.90, U.S. tariff item 6204.59.40,
Mexican tariff item 6204.59.02 or
6204.59.99 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties.
6204.59 A change to subheading 6204.59 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 58.01 through 58.02, 60.01 through
60.02, or Chapter 54; provided the goods are
both cut and sewn or otherwise assembled in
the territory of one or more of the Parties,
and visible lining fabrics listed in Note 1
satisfy the tariff change requirements
provided therein.
6204.61-6204.69 A change to subheadings 6204.61 through
6204.69 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties.
6205.10 A change to subheading 6205.10 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 58.01 through 58.02, 60.01 through
60.02, or Chapter 54; provided the goods are
both cut and sewn or otherwise assembled in
the territory of one or more of the Parties.
6205.20-6205.30 Note: Men's or boys' shirts of cotton or
man-made fibres shall be considered to
originate if they are both cut and
assembled in the territory of one or more
of the Parties and if the outer shell,
exclusive of collars or cuffs, is wholly
of one or more of the following fabrics:
(i) Fabrics of subheading 5208.21, 5208.22,
5208.29, 5208.31, 5208.32, 5208.39,
5208.41, 5208.42, 5208.49, 5208.51,
5208.52 or 5208.59, of average yarn
number exceeding 135 metric;
(ii) Fabrics of subheading 5513.11 or 5513.21,
not of square construction, containing
more than 70 warp ends and filling picks
per square centimetre, of average yarn
number exceeding 70 metric;
(iii) Fabrics of subheading 5210.21 or
5210.31, not of square construction,
containing more than 70 warp ends
and filling picks per square
centimetre, of average yarn number
exceeding 70 metric;
(iv) Fabrics of subheading 5208.22 or 5208.32,
not of square construction, containing
more than 75 warp ends and filling picks
per square centimetre, of average yarn
number exceeding 65 metric;
(v) Fabrics of subheading 5407.81, 5407.82 or
5407.83, weighing less than 170 grams per
square metre, having a dobby weave
created by a dobby attachment;
(vi) Fabrics of subheading 5208.42 or 5208.49,
not of square construction, containing
more than 85 warp ends and filling picks
per square centimetre, of average yarn
number exceeding 85 metric;
(vii) Fabrics of subheading 5208.51, of
square construction, containing more
than 75 warp ends and filling picks
per square centimetre, made with
single yarns, of average yarn number
95 or greater metric;
(viii) Fabrics of subheading 5208.41, of
square construction, with a gingham
pattern, containing more than 85
warp ends and filling picks per
square centimetre, made with single
yarns, of average yarn number 95 or
greater metric, and characterized by
a check effect produced by the
variation in color of the yarns in
the warp and filling.
A change to subheadings 6205.20 through
6205.30 from any other chapter, except from
headings 51.06 through 51.13, 52.04 through
52.12, 53.07 through 53.08, 53.10 through
53.11, 55.08 through 55.16, 58.01 through
58.02, 60.01 through 60.02, or Chapter 54;
provided the goods are both cut and sewn or
otherwise assembled in the territory of one or
more of the Parties.
6205.90 A change to subheading 6205.90 from any other
chapter, except from headings 51.06 through
51.13, 52.04 through 52.12, 53.07 through
53.08, 53.10 through 53.11, 55.08 through
55.16, 58.01 through 58.02, 60.01 through
60.02, or Chapter 54; provided the goods are
both cut and sewn or otherwise assembled in
the territory of one or more of the Parties.
62.06-62.11 A change to headings 62.06 through 62.11
from any other chapter, except from
headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties.
6212.10 A change to subheading 6212.10 from any
other chapter; provided the goods are both cut
and sewn or otherwise assembled in the
territory of one or more of the Parties.
6212.20-6212.90 A change to subheadings 6212.20 through
6212.90 from any other chapter, except
from headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties.
62.13-62.17 A change to headings 62.13 through 62.17
from any other chapter, except from
headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, 55.08 through 55.16, 58.01
through 58.02, 60.01 through 60.02, or
Chapter 54; provided the goods are both
cut and sewn or otherwise assembled in
the territory of one or more of the
Parties.
Chapter 63 Other Made Up Textile Articles; Sets;
Worn Clothing and Worn Textile Articles;
Rags
Note 1: For the purpose of determining the origin of a
good of this Chapter, the rule applicable to
that good shall only apply to the fabric which
imparts to the good its essential character
and such fabric must satisfy the tariff change
requirements set out in the rule for that
good.
63.01-63.02 A change to headings 63.01 through 63.02
from any other chapter, except from
headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, Chapters 54 through 55,
headings 58.01 through 58.02 or 60.01
through 60.02; provided the goods are
both cut and sewn (or knit to shape) or
otherwise assembled in the territory of
one or more of the Parties.
63.03
6303.92.a1 A change to Canadian tariff item
6303.92.a1, U.S. tariff item 6302.92.h1,
Mexican tariff item 6302.92.x1 from any
other chapter or from Canadian tariff
item 5402.43.10 or 5402.52.10, U.S.
tariff item 5402.43.10 or 5402.52.10,
Mexican tariff item 5402.43.01 or
5402.52.02, except from headings 51.06
through 51.13, 52.04 through 52.12, 53.07
through 53.08, 53.10 through 53.11,
Chapters 54 through 55, headings 58.01
through 58.02, 60.01 or 60.02; provided
the goods are both cut and sewn or
otherwise assembled in the territory of
one or more of the Parties.
63.03 A change to heading 63.03 from any other
chapter, except from headings 51.06
through 51.13, 52.04 through 52.12, 53.07
through 53.08, 53.10 through 53.11,
Chapters 54 through 55, headings 58.01
through 58.02 or 60.01 through 60.02;
provided the goods are both cut and sewn
(or knit to shape) or otherwise assembled
in the territory of one or more of the
Parties.
63.04-63.10 A change to headings 63.04 through 63.10
from any other chapter, except from
headings 51.06 through 51.13, 52.04
through 52.12, 53.07 through 53.08, 53.10
through 53.11, Chapters 54 through 55,
headings 58.01 through 58.02 or 60.01
through 60.02; provided the goods are
both cut and sewn (or knit to shape) or
otherwise assembled in the territory of
one or more of the Parties.
Annex 00 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 (Ch. 64-67)
Chapter 64 Footwear, Gaiters and the Like; Parts of
Such Articles
6401.10-6406.10 A change to subheadings 6401.10 through
6406.10 from any other subheading outside
that group, provided there is a regional
value content of not less than 55% under
the net cost method.
6406.20-6406.99 A change to subheadings 6406.20 through
6406.99 from any other chapter.
Chapter 65 Headgear and Parts Thereof
65.01-65.02 A change to headings 65.01 through 65.02
from any other chapter.
65.03-65.07 A change to headings 65.03 through 65.07
from any heading outside that group.
Chapter 66 Umbrellas, Sun Umbrellas, Walking-Sticks,
Seat-Sticks, Whips, Riding-Crops and
Parts Thereof
66.01 A change to heading 66.01 from any other
heading, except from a combination of
both:
a) subheading 6603.20; and
b) headings 39.20 through 39.21, 50.07,
51.11 through 51.13, 52.08 through
52.12, 53.09 through 53.11, 54.07
through 54.08, 55.12 through 55.16,
56.02 through 56.03, 58.01 through
58.11, 59.01 through 59.11, 60.01
through 60.02.
66.02 A change to heading 66.02 from any other
heading.
66.03 A change to heading 66.03 from any other
chapter.
Chapter 67 Prepared Feathers and Down and Articles
Made of Feathers or of Down; Artificial
Flowers; Articles of Human Hair
67.01
6701.00.10 A change to Canadian tariff item
6701.00.10, U.S. tariff item 6701.00.10,
Mexican tariff item 6701.00.01 or
6701.00.02 from any other tariff item.
67.01 A change to heading 67.01 from any other
chapter.
67.02 A change to heading 67.02 from any other
heading.
67.03 A change to heading 67.03 from any other
chapter.
67.04 A change to heading 67.04 from any other
heading.
Annex 00 SECTION XIII Articles of Stone, Plaster, Cement, Asbestos, Mica or Similar
Materials; Ceramic Products; Glass and Glassware (Ch. 68-70)
Chapter 68 Articles of Stone, Plaster, Cement,
Asbestos, Mica or Similar Materials
68.01-68.11 A change to headings 68.01 through 68.11
from any other chapter.
6812.10 A change to subheading 6812.10 from any other
chapter.
6812.20 A change to subheading 6812.20 from any other
subheading.
6812.30-6812.40 A change to subheadings 6812.30 through
6812.40 from any other subheading outside
that group.
6812.50 A change to subheading 6812.50 from any other
subheading.
6812.60-6812.90 A change to subheadings 6812.60 through
6812.90 from any other subheading outside
that group.
68.13 A change to heading 68.13 from any other
heading.
68.14-68.15 A change to headings 68.14 through 68.15
from any other chapter.
Chapter 69 Ceramic Products
69.01-69.14 A change to headings 69.01 through 69.14
from any other chapter.
Chapter 70 Glass and Glassware
70.01-70.02 A change to headings 70.01 through 70.02
from any other chapter.
70.03-70.09 A change to headings 70.03 through 70.09
from any other heading outside that
group.
70.10-70.20 A change to headings 70.10 through 70.20
from any other heading, except from
headings 70.07 through 70.20.
Annex 00 SECTION XIV Natural or Cultured Pearls, Precious or Semiprecious Stones,
Precious Metals, Metals Clad with Precious Metal, and Articles
Thereof; Imitation Jewellery; Coin (Ch. 71)
Chapter 71 Natural or Cultured Pearls, Precious or
Semi-Precious Stones, Precious Metals,
Metals Clad with Precious Metal, and
Articles Thereof; Imitation Jewellery;
Coin (Ch. 71)
71.01-71.12 A change to headings 71.01 through 71.12
from any other chapter.
71.13-71.18 Note: Pearls, temporarily or permanently
strung but without the addition of
clasps or other ornamental features
of precious metals or stones, shall
be treated as a good of the country
in which the pearls were obtained.
A change to headings 71.13 through 71.18 from
any other heading outside that group.
Annex 00 SECTION XIX Arms and Ammunition; Parts and Accessories Thereof (Ch. 93)
Chapter 93 Arms and Ammunition; Parts and Accessories
Thereof
93.01-93.04 A change to headings 93.01 through 93.04
from any other chapter; or
A change to headings 93.01 through 93.04 from
heading 93.05, whether or not there is also a
change from any other chapter, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
93.05 A change to heading 93.05 from any other
heading.
93.06-93.07 A change to headings 93.06 through 93.07
from any other chapter.
Annex 00 SECTION XV Base Metals and Articles of Base Metal (Ch. 72-83)
Chapter 72 Iron and Steel
72.01 A change to heading 72.01 from any other
chapter.
7202.11-7202.60 A change to subheadings 7202.11 through
7202.60 from any other chapter.
7202.70 A change to subheading 7202.70 from any other
chapter, except from subheading 2613.10.
7202.80-7202.99 A change to subheadings 7202.80 through
7202.99 from any other chapter.
72.03-72.05 A change to headings 72.03 through 72.05
from any other chapter.
72.06-72.07 A change to headings 72.06 through 72.07
from any other heading outside that
group.
72.08-72.16 A change to headings 72.08 through 72.16
from any other heading outside that
group.
72.17 A change to heading 72.17 from any other
heading, except from headings 72.13
through 72.15.
72.18-72.22 A change to headings 72.18 through 72.22
from any other heading outside that
group.
72.23 A change to heading 72.23 from any other
heading, except from headings 72.21
through 72.22.
72.24-72.28 A change to headings 72.24 through 72.28
from any other heading outside that
group.
72.29 A change to heading 72.29 from any other
heading, except from headings 72.27
through 72.28.
Chapter 73 Articles of Iron or Steel
73.01-73.03 A change to headings 73.01 through 73.03
from any other chapter.
7304.10-7304.39 A change to subheadings 7304.10 through
7304.39 from any other chapter.
7304.41
7304.41.10 A change to Canadian tariff item
7304.41.10, U.S. tariff item 7304.41.10,
Mexican tariff item 7304.41.02 or
7304.41.03 from subheading 7304.49 or
from any other chapter.
7304.41 A change to subheading 7304.41 from any other
chapter.
7304.49-7304.90 A change to subheadings 7304.49 through
7304.90 from any other chapter.
73.05-73.07 A change to headings 73.05 through 73.07
from any other chapter.
73.08 A change to heading 73.08 from any other
heading, except for changes resulting
from the following processes performed on
angles, shapes, or sections of heading
72.16:
a) drilling, punching, notching,
cutting, cambering, or sweeping,
whether performed individually or in
combination;
b) adding attachments or weldments for
composite construction;
c) adding attachments for handling
purposes;
d) adding weldments, connectors or
attachments to H-sections or I-
sections; provided that the maximum
dimension of the weldments,
connectors, or attachments is not
greater than the dimension between
the inner surfaces of the flanges of
the H-sections or I-sections
e) painting, galvanizing, or otherwise
coating; or
f) adding a simple base plate without
stiffening elements, individually or
in combination with drilling,
punching, notching, or cutting, to
create an article suitable as a
column.
73.09-73.11 A change to headings 73.09 through 73.11
from any other heading outside that
group.
73.12-73.14 A change to headings 73.12 through 73.14
from any other heading, including another
heading within that group.
7315.11-7315.12 A change to subheadings 7315.11 through
7315.12 from any other heading; or
A change to subheadings 7315.11 through
7315.12 from subheading 7315.19, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
7315.19 A change to subheading 7315.19 from any other
heading.
7315.20-7315.89 A change to subheadings 7315.20 through
7315.89 from any other heading; or
A change to subheadings 7315.20 through
7315.89 from subheading 7315.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
7315.90 A change to subheading 7315.90 from any other
heading.
73.16 A change to heading 73.16 from any other
heading, except from heading 73.12 or
73.15.
73.17-73.18 A change to headings 73.17 through 73.18
from any other heading outside that
group.
73.19-73.20 A change to headings 73.19 through 73.20
from any other heading outside that
group.
7321.11
7321.11.19 A change to Canadian tariff item
7321.11.19, U.S. tariff item 7321.11.30,
Mexican tariff item 7321.11.02 or
7321.11.03 from any other subheading,
except from Canadian tariff item
7321.90.51, 7321.90.52 or 7321.90.53,
U.S. tariff item 7321.90.32, 7321.90.34
or U.S. tariff item 7321.90.36, Mexican
tariff item 7321.90.05, 7321.90.06 or
7321.90.07.
7321.11 A change to subheading 7321.11 from any other
heading; or
A change to subheading 7321.11 from subheading
7321.90, whether or not there is also a change
from any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
7321.12-7321.83 A change to subheadings 7321.12 through
7321.83 from any other heading; or
A change to subheadings 7321.12 through
7321.83 from subheading 7321.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
7321.90
7321.90.51 A change to Canadian tariff item
7321.90.51, U.S. tariff item 7321.90.32,
Mexican tariff item 7321.90.05 from any
other tariff item.
7321.90.52 A change to Canadian tariff item
7321.90.52, U.S. tariff item 7321.90.34,
Mexican tariff item 7321.90.06 from any
other tariff item.
7321.90.53 A change to Canadian tariff item
7321.90.53, U.S. tariff item 7321.90.36,
Mexican tariff item 7321.90.07 from any
other tariff item.
7321.90 A change to subheading 7321.90 from any other
heading.
73.22-73.23 A change to headings 73.22 through 73.23
from any other heading outside that
group.
7324.10-7324.29 A change to subheadings 7324.10 through
7324.29 from any other heading; or
A change to subheadings 7324.10 through
7324.29 from subheading 7324.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
7324.90 A change to subheading 7324.90 from any other
heading.
73.25-73.26 A change to headings 73.25 through 73.26
from any other heading outside that
group.
Chapter 74 Copper and Articles Thereof
74.01-74.02 A change to headings 74.01 through 74.02
from any other chapter.
74.03 A change to heading 74.03 from any other
chapter; or
A change to heading 74.03 from any of Canadian
tariff item 7404.00.11, 7404.00.21 or
7404.11.91, U.S. tariff item 7404.00.10,
Mexican tariff item 7404.00.01 or 7404.11.02,
heading 74.01 or 74.02, whether or not there
is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
74.04 A change to heading 74.04 from any other
chapter.
74.05-74.07 A change to headings 74.05 through 74.07
from any other chapter; or
A change to headings 74.05 through 74.07 from
any of Canadian tariff item 7404.00.11,
7404.00.21 or 7404.00.91, U.S. tariff item
7404.00.10, Mexican tariff item 7404.00.01 or
7404.00.02, heading 74.01 or 74.02, whether or
not there is also a change from any other
chapter, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
7408.11
7408.11.11 A change to Canadian tariff item
7408.11.11 or 7408.11.21, U.S. tariff
item 7408.11.60, Mexican tariff item
7408.11.01 from any other chapter; or
A change to Canadian tariff item 7408.11.11 or
7408.11.21, U.S. tariff item 7408.11.60,
Mexican tariff item 7408.11.01 from any of
Canadian tariff item 7404.00.11, 7404.00.21 or
7404.00.91, U.S. tariff item 7404.00.10,
Mexican tariff item 7404.00.01 or 7404.00.02,
or heading 74.01 or 74.02, whether or not
there is also a change from any other chapter,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
7408.11 A change to subheading 7408.11 from any
other heading, except from heading 74.07.
7408.19-7408.29 A change to subheadings 7408.19 through
7408.29 from any other heading, except
from heading 74.07.
74.09 A change to heading 74.09 from any other
heading.
74.10 A change to heading 74.10 from any other
heading, except from heading 74.09.
74.11 A change to heading 74.11 from any other
heading, except from heading 74.09 or
Canadian tariff item 7407.10.13,
7407.10.22, 7407.21.13, 7407.21.22,
7407.22.13, 7407.22.22, 7407.29.13, or
7407.29.22, U.S. tariff item
7407.10.20, 7407.21.20, 7407.22.20 or
7407.29.20, Mexican tariff item
7407.10.02, 7407.21.02, 7407.22.02 or
7407.29.02.
74.12 A change to heading 74.12 from any other
heading, except from heading 74.11.
74.13 A change to heading 74.13 from any other
heading, except from headings 74.07
through 74.08; or
A change to heading 74.13 from any of headings
74.07 through 74.08, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
74.14-74.18 A change to headings 74.14 through 74.18
from any other heading, including another
heading within that group.
7419.10 A change to subheading 7419.10 from any other
heading, except from heading 74.07.
7419.91-7419.99 A change to subheadings 7419.91 through
7419.99 from any other heading.
Chapter 75 Nickel and Articles Thereof
75.01-75.04 A change to headings 75.01 through 75.04
from any other chapter.
75.05 A change to heading 75.05 from any other
heading.
75.06
7506.10.22 A change to Canadian tariff item
7506.10.22, U.S. tariff item 7506.10.50,
Mexican tariff item 7506.10.01 from any
other tariff item.
7506.20.92 A change to Canadian tariff item
7506.20.92, U.S. tariff item 7506.20.50,
Mexican tariff item 7506.20.01 from any
other tariff item.
75.06 A change to heading 75.06 from any other
heading.
75.07-75.08 A change to headings 75.07 through 75.08
from any other heading outside that
group.
Chapter 76 Aluminum and Articles Thereof
76.01-76.03 A change to headings 76.01 through 76.03
from any other chapter.
76.04-76.06 A change to headings 76.04 through 76.06
from any other heading outside that
group.
76.07 A change to heading 76.07 from any other
heading.
76.08-76.09 A change to headings 76.08 through 76.09
from any other heading outside that
group.
76.10-76.13 A change to headings 76.10 through 76.13
from any other heading, including another
heading within that group.
76.14 A change to heading 76.14 from any other
heading, except from headings 76.04
through 76.05.
76.15-76.16 A change to headings 76.15 through 76.16
from any other heading, including another
heading within that group.
Chapter 78 Lead and Articles Thereof
78.01-78.02 A change to headings 78.01 through 78.02
from any other chapter.
78.03-78.06 A change to headings 78.03 through 78.06
from any other chapter; or
A change to headings 78.03 through 78.06 from
any other heading within Chapter 78, including
another heading within that group, whether or
not there is also a change from any other
chapter, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
Chapter 79 Zinc and Articles Thereof
79.01-79.03 A change to headings 79.01 through 79.03
from any other chapter.
79.04-79.07 A change to headings 79.04 through 79.07
from any other chapter; or
A change to headings 79.04 through 79.07 from
any other heading within Chapter 79, including
another heading within that group, whether or
not there is also a change from any other
chapter, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
Chapter 80 Tin and Articles Thereof
80.01-80.02 A change to headings 80.01 through 80.02
from any other chapter.
80.03-80.04 A change to headings 80.03 through 80.04
from any other heading outside that group.
80.05-80.07 A change to headings 80.05 through 80.07
from any other heading outside that
group.
Chapter 81 Other Base Metals; Cermets; Articles
Thereof
8101.10-8101.91 A change to subheadings 8101.10 through
8101.91 from any other chapter.
8101.92 A change to subheading 8101.92 from any other
subheading.
8101.93 A change to subheading 8101.93 from any other
chapter.
8101.99 A change to subheading 8101.99 from any other
subheading.
8102.10-8102.91 A change to subheadings 8102.10 through
8102.91 from any other chapter.
8102.92 A change to subheading 8102.92 from any other
subheading.
8102.93 A change to subheading 8102.93 from any other
subheading, except from Canadian tariff item
8102.92.10, U.S. tariff item 8102.92.10,
Mexican tariff item 8102.92.01.
8102.99 A change to subheading 8102.99 from any other
subheading.
8103.10 A change to subheading 8103.10 from any other
chapter.
8103.90 A change to subheading 8103.90 from any other
subheading.
8104.11-8104.30 A change to subheadings 8104.11 through
8104.30 from any other chapter.
8104.90 A change to subheading 8104.90 from any other
subheading.
8105.10 A change to subheading 8105.10 from any other
chapter.
8105.90 A change to subheading 8105.90 from any other
subheading.
81.06 A change to heading 81.06 from any other
chapter.
8107.10 A change to subheading 8107.10 from any other
chapter.
8107.90 A change to subheading 8107.90 from any
other subheading.
8108.10 A change to subheading 8108.10 from any other
chapter.
8108.90 A change to subheading 8108.90 from any other
subheading.
8109.10 A change to subheading 8109.10 from any other
chapter.
8109.90 A change to subheading 8109.90 from any other
subheading.
81.10 A change to heading 81.10 from any other
chapter.
81.11
8111.00.21 A change to Canadian tariff item
8111.00.21. 8111.00.22, 8111.00.40, U.S.
tariff item 8111.00.60, Mexican tariff
item 8111.00.01 from any other tariff
item.
81.11 A change to heading 81.11 from any other
chapter.
81.12-81.13 A change to headings 81.12 through 81.13
from any other chapter.
Chapter 82 Tools, Implements, Cutlery, Spoons and
Forks, of Base Metal; Parts Thereof of
Base Metal
82.01-82.15 A change to headings 82.01 through 82.15
from any other chapter.
Chapter 83 Miscellaneous Articles of Base Metal
8301.10-8301.50 A change to subheadings 8301.10 through
8301.50 from any chapter; or
A change to subheadings 8301.10 through
8301.50 from subheading 8301.60, whether or
not there is also a change from any other
chapter, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
8301.60-8301.70 A change to subheadings 8301.60 through
8301.70 from any other chapter.
83.02-83.04 A change to headings 83.02 through 83.04
from any other chapter.
8305.10-8305.20 A change to subheadings 8305.10 through
8305.20 from any other chapter; or
A change to subheadings 8305.10 through
8305.20 from subheading 8305.90, whether or
not there is also a change from any other
chapter, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
8305.90 A change to subheading 8305.90 from any other
chapter.
83.06-83.07 A change to headings 83.06 through 83.07
from any other chapter.; or
A change to headings 83.06 through 83.07 from
within headings 83.06 through 83.07, whether
or not there is also a change from any other
chapter, provided there is a regional value
content of not less than:
a) 60% the transaction value method is
used, or
b) 50% where the net cost method is
used.
8308.10-8308.20 A change to subheadings 8308.10 through
8308.20 from any other chapter; or
A change to subheadings 8308.10 through
8308.20 from subheading 8308.90, whether or
not there is also a change from any other
chapter, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
8308.90 A change to subheading 8308.90 from any other
chapter.
83.09-83.10 A change to headings 83.09 through 83.10
from any other chapter.
8311.10-8311.30 A change to subheadings 8311.10 through
8311.30 from any other chapter; or
A change to subheadings 8311.10 through
8311.30 from subheading 8311.90, whether or
not there is also a change from any other
chapter, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
8311.90 A change to subheading 8311.90 from any other
chapter.
Annex 00 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 (Ch. 84-85)
Note: For purposes of this Section, the term, "printed circuit
assembly", means goods consisting of one or more printed
circuits of heading 85.34 with one or more active
elements assembled thereon, with or without passive
elements. For purposes of this Note, "active elements"
means diodes, transistors and similar semiconductor
devices, whether or not photosensitive, of heading 85.41,
and integrated circuits and microassemblies of heading
85.42.
Chapter 84 Nuclear Reactors, Boilers, Machinery and
Mechanical Appliances; Parts Thereof
Note X: Tariff item 8473.30.a3 covers the
following parts of printers:
(1) Control or command assemblies for
printers of subheading 8471.92,
incorporating at least two of the
following: printed circuit assembly;
hard or flexible (floppy) disc drive;
keyboard; user interface;
(2) Light source assemblies for printers of
subheading 8471.92, incorporating at
least two of the following: light
emitting diode assembly; gas laser;
mirror polygon assembly; base casting;
(3) Laser imaging assemblies for the printers
of subheading 8471.92, incorporating at
least two of the following:
photoreceptor belt or cylinder; toner
receptacle unit; toner developing unit;
charge/discharge unit; cleaning unit;
(4) Image fixing assemblies for the printers
of subheading 8471.92, incorporating at
least two of the following: fuser;
pressure roller; heating element; release
oil dispenser; cleaning unit; electrical
control;
(5) Ink jet marking assemblies for the
printers of subheading 8471.92,
incorporating at least two of the
following: thermal print head; ink
dispensing unit; nozzle and reservoir
unit; ink heater;
(6) Maintenance/sealing assemblies for the
printers of subheading 8471.92,
incorporating at least two of the
following: vacuum unit; ink jet covering
unit; sealing unit; purging unit;
(7) Paper handling assemblies for the
printers of subheading 8471.92,
incorporating at least two of the
following: paper transport belt; roller;
print bar; carriage; gripper roller;
paper storage unit; exit tray;
(8) Thermal transfer imaging assemblies for
the printers of subheading 8471.92,
incorporating at least two of the
following: thermal print head; cleaning
unit; supply or take-up roller;
(9) Ionographic imaging assemblies for the
printers of subheading 8471.92,
incorporating at least two of the
following: ion generation and emitting
unit; air assist unit; printed circuit
assembly; charge receptor belt or
cylinder; toner receptacle unit; toner
distribution unit; developer receptacle
and distribution unit; developing unit;
charge/discharge unit; cleaning unit; and
(10) Combinations of the above specified
assemblies.
8401.10-8401.30 A change to subheadings 8401.10 through
8401.30 from any other heading; or
A change to subheadings 8401.10 through
8401.30 from subheading 8401.40, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8401.40 A change to subheading 8401.40 from any other
heading.
8402.11-8402.20 A change to subheadings 8402.11 through
8402.20 from any other heading; or
A change to subheadings 8402.11 through
8402.20 from subheading 8402.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8402.90 A change to subheading 8402.90 from any other
heading; or
A change to subheading 8402.90 from within
subheading 8402.90, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8403.10 A change to subheading 8403.10 from any other
heading; or
A change to subheading 8403.10 from subheading
8403.90, whether or not there is also a change
from any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8403.90 A change to subheading 8403.90 from any other
heading.
8404.10-8404.20 A change to subheadings 8404.10 through
8404.20 from any other heading; or
A change to subheadings 8404.10 through
8404.20 from subheading 8404.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8404.90 A change to subheading 8404.90 from any other
heading.
8405.10 A change to subheading 8405.10 from any other
heading; or
A change to subheadings 8405.10 from
subheading 8405.90, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8405.90 A change to subheading 8405.90 from any other
heading.
8406.11-8406.19 A change to subheadings 8406.11 through
8406.19 from any other subheading outside
that group, except from Canadian tariff
item 8406.90.32 or 8406.90.34, U.S.
tariff item 8406.90.20, 8406.90.40,
8406.90.50 or 8406.90.70, Mexican tariff
item 8406.90.x1 or 8406.90.x2.
8406.90
8406.90.a1 A change to Canadian tariff item
8406.90.32, U.S. tariff item 8406.90.20,
Mexican tariff item 8406.90.x1 from
Canadian tariff item 8406.90.31, U.S.
tariff item 8406.90.30 or 8406.90.60,
Mexican tariff item 8406.90.x3 or any
other heading.
US8406.90.50 A change to U.S. tariff item 8406.90.50 from
Canadian tariff item 8406.90.31, U.S. tariff
item 8406.90.30 or 8406.90.60, Mexican tariff
item 8406.90.x3 or any other heading.
8406.90.a2 A change to Canadian tariff item
8406.90.34, U.S. tariff item 8406.90.40,
Mexican tariff item 8406.90.x2 from any
other tariff item.
8406.90.a3 A change to Canadian tariff item
8406.90.31, U.S. tariff item 8406.90.30,
Mexican tariff item 8406.90.x3 from any
other tariff item.
US8406.90.60 A change to U.S. tariff item 8406.90.60 from
any other tariff item.
US8406.90.70 A change to U.S. tariff item 8406.90.70 from
any other tariff item.
8406.90 A change to subheading 8406.90 from any other
heading.
84.07-84.08 A change to headings 84.07 through 84.08
from any other heading, including another
heading within that group, provided there
is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8409.10 A change to subheading 8409.10 from any other
heading.
8409.91 A change to subheading 8409.91 from any other
heading; or
A change to subheading 8409.91 from within
subheading 8409.91, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8409.99 A change to subheading 8409.99 from any other
heading; or
A change to subheading 8409.99 from within
subheading 8409.99, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8410.11-8410.13 A change to subheadings 8410.11 through
8410.13 from any other heading; or
A change to subheadings 8410.11 through
8410.13 from subheading 8410.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8410.90 A change to subheading 8410.90 from any other
heading.
8411.11-8411.82 A change to subheadings 8411.11 through
8411.82 from any other heading; or
A change to subheadings 8411.11 through
8411.82 from any of subheadings 8411.91
through 8411.99, whether or not there is also
a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8411.91-8411.99 A change to subheadings 8411.91 through
8411.99 from any other heading.
8412.10-8412.80 A change to subheadings 8412.10 through
8412.80 from any other heading; or
A change to subheadings 8412.10 through
8412.80 from subheading 8412.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8412.90 A change to subheading 8412.90 from any other
heading.
8413.11-8413.82 A change to subheadings 8413.11 through
8413.82 from any other heading; or
A change to subheadings 8413.11 through
8413.82 from any of subheadings 8413.91
through 8413.92, whether or not there is also
a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8413.91 A change to subheading 8413.91 from any other
heading.
8413.92 A change to subheading 8413.92 from any other
heading; or
A change to subheading 8413.92 from within
subheading 8409.92, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8414.10-8414.20 A change to subheadings 8414.10 through
8414.20 from any other heading; or
A change to subheadings 8414.10 through
8414.20 from subheading 8414.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8414.30 A change to subheading 8414.30 from any other
subheading, except from Canadian tariff item
8414.90.21 or 8414.90.51, U.S. tariff item
8414.90.20, Mexican tariff item 8414.90.x1.
8414.40-8414.80 A change to subheadings 8414.40 through
8414.80 from any other heading; or
A change to subheadings 8414.40 through
8414.80 from subheading 8414.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8414.90 A change to subheading 8414.90 from any other
heading; or
A change to subheading 8414.90 from within
subheading 8414.90, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8415.10 A change to subheading 8415.10 from any other
subheading, except from Canadian tariff item
8415.90.a1, U.S. tariff item 8415.90.h1,
Mexican tariff item 8415.90.x1 or from
assemblies incorporating at least two of the
following: compressor, condenser,evaporator,
connecting tubing.
8415.81-8415.83 A change to subheadings 8415.81 through
8415.83 from any other subheading outside
that group, except from Canadian tariff
item 8415.90.a1, U.S. tariff item
8415.90.h1, Mexican tariff item
8415.90.x1 or from assemblies for goods
of subheadings 8415.10 through 8415.83,
incorporating at least two of the
following: compressor,
condenser,evaporator, connecting tubing;
or
A change to subheadings 8415.81 through
8415.83 from any of Canadian tariff item
8415.90.a1, U.S. tariff item 8415.90.h1,
Mexican tariff item 8415.90.x1 or assemblies
for goods of subheadings 8415.10 through
8415.83, incorporating at least two of the
following: compressor, condenser,evaporator,
connecting tubing, whether or not there is
also a change from any other subheading
outside that group, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8415.90
8415.90.a1 A change to Canadian tariff item
8415.90.a1, U.S. tariff item 8415.90.h1,
Mexican tariff item 8415.90.x1 from any
other tariff item.
8415.90 A change to subheading 8415.90 from any other
heading.
8416.10-8416.30 A change to subheadings 8416.10 through
8416.30 from any other heading; or
A change to subheadings 8416.10 through
8416.30 from subheading 8416.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8416.90 A change to subheading 8416.90 from any other
heading.
8417.10-8417.80 A change to subheadings 8417.10 through
8417.80 from any other heading; or
A change to subheadings 8417.10 through
8417.80 from subheading 8417.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8417.90 A change to subheading 8417.90 from any other
heading.
8418.10-8418.21 A change to subheadings 8418.10 through
8418.21 from any other subheading, except
from subheading 8418.91 or Canadian
tariff item 8418.99.a1, U.S. tariff
item 8418.99.h1, Mexican tariff item
8418.99.x1, or from assemblies
incorporating at least two of the
following: compressor, condenser,
evaporator, connecting tubing.
8418.22 A change to subheading 8418.22 from any other
heading; or
A change to subheadings 8418.22 from any of
subheadings 8418.91 through 8418.99, whether
or not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8418.29-8418.40 A change to subheadings 8418.29 through
8418.40 from any other subheading outside
that group, except from subheading
8418.91 or Canadian tariff item
8418.99.a1, U.S. tariff item 8418.99.h1,
Mexican tariff item 8418.99.x1, or from
assemblies incorporating at least two of
the following: compressor, condenser,
evaporator, connecting tubing.
8418.50-8418.69 A change to subheadings 8418.50 through
8418.69 from any other heading; or
A change to subheadings 8418.50 through
8418.69 from any of subheadings 8418.91
through 8418.99, whether or not there is also
a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8418.91 A change to subheading 8418.91 from any other
subheading.
8418.99
8418.99.a1 A change to Canadian tariff item
8418.99.a1, U.S. tariff item 8418.99.h1,
Mexican tariff item 8418.99.x1 from any
other tariff item.
8418.99 A change to subheading 8418.99 from any other
heading.
8419.11-8419.89 A change to subheadings 8419.11 through
8419.89 from any other heading; or
A change to subheadings 8419.11 through
8419.89 from subheading 8419.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8419.90 A change to subheading 8419.90 from any other
heading; or
A change to subheading 8419.90 from within
subheading 8419.90, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8420.10 A change to subheading 8420.10 from any other
heading; or
A change to subheadings 8420.10 from any of
subheadings 8420.91 through 8420.99, whether
or not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8420.91-8420.99 A change to subheadings 8420.91 through
8420.99 from any other heading.
8421.11 A change to subheading 8421.11 from any other
heading; or
A change to subheading 8421.11 from subheading
8421.91, whether or not there is also a change
from any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8421.12 A change to subheading 8421.12 from any other
subheading, except from Canadian tariff item
8421.91.a1, 8421.91.a2 or 8537,10.a1,
U.S. tariff item 8421.91.h1, 8421.91.h2 or
8537.10.h1, Mexican tariff item 8421.91.x1,
8421.91.x2 or 8537.10.x1.
8421.19-8421.39 A change to subheadings 8421.19 through
8421.39 from any other heading; or
A change to subheadings 8421.19 through
8421.39 from any of subheadings 8421.91
through 8421.99, whether or not there is also
a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8421.91
8421.91.a1 A change to Canadian tariff item
8421.91.a1, U.S. tariff item 8421.91.h1,
Mexican tariff item 8421.91.x1 from any
other tariff item.
8421.91.a2 A change to Canadian tariff item
8421.91.a2, U.S. tariff item 8421.91.h2,
Mexican tariff item 8421.91.x2 from any
other tariff item.
8421.91 A change to subheading 8421.91 from any other
heading.
8421.99 A change to subheading 8421.99 from any other
heading; or
A change to subheading 8421.99 from within
subheading 8421.99, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8422.11 A change to subheading 8422.11 from any other
subheading, except from Canadian tariff item
8422.90.a1, 8422.90.a2 or 8537.10.a1,
U.S. tariff item 8422.90.h1, 8422.90.h2 or
8537.10.h1, Mexican tariff item 8422.90.x1.
8422.90.x2 or 8537.10.x1, or from water
circulation systems incorporating a pump,
whether or not motorized, and auxiliary
apparatus for controlling, filtering, or
dispersing a spray.
8422.19-8422.40 A change to subheadings 8422.19 through
8422.40 from any other heading; or
A change to subheadings 8422.19 through
8422.40 from subheading 8422.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8422.90
8422.90.a1 A change to Canadian tariff item
8422.90.a1, U.S. tariff item 8422.90.h1,
Mexican tariff item 8422.90.x1 from any
other tariff item.
8422.90.a2 A change to Canadian tariff item
8422.90.a2, U.S. tariff item 8422.90.h2,
Mexican tariff item 8422.90.h2 from any
other tariff item.
8422.90 A change to subheading 8422.90 from any other
heading.
8423.10-8423.89 A change to subheadings 8423.10 through
8423.89 from any other heading; or
A change to subheadings 8423.10 through
8423.89 from subheading 8423.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8423.90 A change to subheading 8423.90 from any other
heading.
8424.10-8424.89 A change to subheadings 8424.10 through
8424.89 from any other heading; or
A change to subheadings 8424.10 through
8424.89 from subheading 8424.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8424.90 A change to subheading 8424.90 from any other
heading.
84.25-84.26 A change to headings 84.25 through 84.26
from any other heading, except from
heading 84.31; or
A change to headings 84.25 through 84.26 from
heading 84.31, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8427.10
8427.10.a1 A change to Canadian tariff item
8427.10.a1, U.S. tariff item 8427.10.h1,
Mexican tariff item 8427.10.x1 from any
other heading, except from heading 84.07
or 84.08 or subheading 8431.20 or
8483.40; or
A change to Canadian tariff item 8427.10.a1,
U.S. tariff item 8427.10.h1, Mexican tariff
item 8427.10.x1 from any of headings 84.07 or
84.08 or subheadings 8431.20 or 8483.40,
whether or not there is also a change from any
other heading, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8427.10 A change to subheading 8427.10 from any other
heading, except from subheading 8431.20; or
A change to subheading 8427.10 from subheading
8431.20, whether or not there is also a change
from any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8427.20
8427.20.a1 A change to Canadian tariff item
8427.20.a1, U.S. tariff item 8427.20.h1,
Mexican tariff item 8427.20.x1 from any
other heading, except from heading 84.07
or 84.08 or subheading 8431.20 or
8483.40; or
A change to Canadian tariff item 8427.20.a1,
U.S. tariff item 8427.20.h1, Mexican tariff
item 8427.20.x1 from any of headings 84.07 or
84.08 or subheadings 8431.20 or 8483.40,
whether or not there is also a change from any
other heading, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8427.20 A change to subheading 8427.20 from any other
heading, except from subheading 8431.20; or
A change to subheading 8427.20 from subheading
8431.20, whether or not there is also a change
from any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8427.90 A change to subheading 8427.90 from any other
heading, except from subheading 8431.20; or
A change to subheading 8427.90 from subheading
8431.20, whether or not there is also a change
from any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
84.28-84.30 A change to headings 84.28 through 84.30
from any other heading outside that
group, except from heading 84.31; or
A change to headings 84.28 through 84.30 from
heading 84.31, whether or not there is also a
change from any other heading outside that
group, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8431.10 A change to subheading 8431.10 from any other
heading; or
A change to subheading 8431.10 from within
subheading 8431.10, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8431.20 A change to subheading 8431.20 from any other
heading outside that group.
8431.31 A change to subheading 8431.31 from any other
heading; or
A change to subheading 8431.31 from within
subheading 8431.31, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8431.39 A change to subheading 8431.39 from any other
heading; or
A change to subheading 8431.39 from within
subheading 8431.39, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8431.41-8431.42 A change to subheadings 8431.41 through
8431.42 from any other heading.
8431.43 A change to subheading 8431.43 from any other
heading; or
A change to subheading 8431.43 from within
subheading 8431.43, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8431.49 A change to subheading 8431.49 from any other
heading; or
A change to subheading 8431.49 from within
subheading 8431.49, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8432.10-8432.80 A change to subheading 8432.10 through
8432.80 from any other heading; or
A change to subheadings 8432.10 through
8432.80 from subheading 8432.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8432.90 A change to subheading 8432.90 from any other
heading.
8433.11-8433.60 A change to subheadings 8433.11 through
8433.60 from any other heading; or
A change to subheadings 8433.11 through
8433.60 from subheading 8433.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8433.90 A change to subheading 8433.90 from any other
heading.
8434.10-8434.20 A change to subheadings 8434.10 through
8434.20 from any other heading; or
A change to subheadings 8434.10 through
8434.20 from subheading 8434.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8434.90 A change to subheading 8434.90 from any other
heading.
8435.10 A change to subheading 8435.10 from any other
heading; or
A change to subheading 8435.10 from subheading
8435.90, whether or not there is also a change
from any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8435.90 A change to subheading 8435.90 from any other
heading.
8436.10-8436.80 A change to subheadings 8436.10 through
8436.80 from any other heading; or
A change to subheadings 8436.10 through
8436.80 from any of subheadings 8436.91
through 8436.99, whether or not there is also
a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8436.91-8436.99 A change to subheadings 8436.91 through
8436.99 from any other heading.
8437.10-8437.80 A change to subheadings 8437.10 through
8437.80 from any other heading; or
A change to subheadings 8437.10 through
8437.80 from subheading 8437.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8437.90 A change to subheading 8437.90 from any other
heading.
8438.10-8438.80 A change to subheadings 8438.10 through
8438.80 from any other heading; or
A change to subheadings 8438.10 through
8438.80 from subheading 8438.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8438.90 A change to subheading 8438.90 from any other
heading.
8439.10-8439.30 A change to subheadings 8439.10 through
8439.30 from any other heading; or
A change to subheadings 8439.10 through
8439.30 from any of subheadings 8439.91
through 8439.99, whether or not there is also
a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8439.91-8439.99 A change to subheadings 8439.91 through
8439.99 from any other heading.
8440.10 A change to subheading 8440.10 from any other
heading; or
A change to subheading 8440.10 from subheading
8440.90, whether or not there is also a change
from any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8440.90 A change to subheading 8440.90 from any other
heading.
8441.10-8441.80 A change to subheadings 8441.10 through
8441.80 from any other heading; or
A change to subheadings 8441.10 through
8441.80, from subheading 8441.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8441.90 A change to subheading 8441.90 from any other
heading; or
A change to subheading 8441.90 from within
subheading 8441.90, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8442.10-8442.30 A change to subheadings 8442.10 through
8442.30 from any other heading; or
A change to subheadings 8442.10 through
8442.30 from any of subheadings 8442.40
through 8442.50, whether or not there is also
a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8442.40-8442.50 A change to subheadings 8442.40 through
8442.50 from any other heading.
8443.11-8443.50 A change to subheadings 8443.11 through
8443.50 from any other heading; or
A change to subheadings 8443.11 through
8443.50 from any of subheadings 8443.60 or
8443.90, whether or not there is also a change
from any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8443.60 A change to subheading 8443.60 from any other
heading; or
A change to subheading 8443.60 from subheading
8443.90, whether or not there is also a change
from any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8443.90 A change to subheading 8443.90 from any other
heading.
84.44-84.47 A change to headings 84.44 through 84.47
from any other heading outside that
group, except from heading 84.48; or
A change to headings 84.44 through 84.47 from
heading 84.48, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8448.11-8448.19 A change to subheadings 8448.11 through
8448.19 from any other heading; or
A change to subheadings 8448.11 through
8448.19 from any of subheadings 8448.20
through 8448.59, whether or not there is also
a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8448.20-8448.59 A change to subheadings 8448.20 through
8448.59 from any other heading.
84.49 A change to heading 84.49 from any other
heading.
8450.11-8450.20 A change to subheadings 8450.11 through
8450.20 from any other subheading outside
that group, except from Canadian tariff
item 8450.90.a1, 8450.90.a2 or
8537.10.a1, U.S. tariff item 8450.90.h1,
8450.90.h2 or 8537.10.h1, Mexican tariff
item 8450.90.x1, 8450.90.x2 or
8537.10.x1, or from washer assemblies
incorporating at least two of the
following: agitator, motor,
transmission, clutch.
8450.90
8450.90.a1 A change to Canadian tariff item
8450.90.a1, U.S. tariff item 8450.90.h1,
Mexican tariff item 8450.90.x1 from any
other tariff item.
8450.90.a2 A change to Canadian tariff item
8450.90.a2, U.S. tariff item 8450.90.h2,
Mexican tariff item 8450.90.x2 from any
other tariff item.
8450.90 A change to subheading 8450.90 from any other
heading.
8451.10 A change to subheading 8451.10 from any other
heading; or
A change to subheadings 8451.10 from
subheading 8451.90, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8451.21-8451.29 A change to subheadings 8451.21 through
8451.29 from any other subheading outside
that group, except from Canadian tariff
item 8451.90.a1 or 8451.90.a2, U.S.
tariff item 8451.90.h1 or 8451.90.h2,
Mexican tariff item 8451.90.x1 or
8451.90.x2, or subheading 8537.10.
8451.30-8451.80 A change to subheadings 8451.30 through
8451.80 from any other heading; or
A change to subheadings 8451.30 through
8451.80 from subheading 8451.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8451.90
8451.90.a1 A change to Canadian tariff item
8451.90.a1, U.S. tariff item 8451.90.h1,
Mexican tariff item 8451.90.x1 from any
other tariff item.
8451.90.a2 A change to Canadian tariff item
8451.90.a2, U.S. tariff item 8451.90.h2,
Mexican tariff item 8451.90.x2 from any
other tariff item.
8451.90 A change to subheading 8451.90 from any other
heading.
8452.10-8452.30 A change to subheadings 8452.10 through
8452.30 from any other heading; or
A change to subheadings 8452.10 through
8452.30 from any of subheadings 8452.40 or
8452.90, whether or not there is also a change
from any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8452.40-8452.90 A change to subheadings 8452.40 through
8452.90 from any other heading.
8453.10-8453.80 A change to subheadings 8453.10 through
8453.80 from any other heading; or
A change to subheadings 8453.10 through
8453.80 from subheading 8453.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8453.90 A change to subheading 8453.90 from any other
heading.
8454.10-8454.30 A change to subheadings 8454.10 through
8454.30 from any other heading; or
A change to subheadings 8454.10 through
8454.30 from subheading 8454.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8454.90 A change to subheading 8454.90 from any other
heading.
8455.10-8455.22 A change to subheadings 8455.10 through
8455.22 from any other subheading outside
that group, except from Canadian tariff
item 8455.90.a1, U.S. tariff item
8455.90.h1, Mexican tariff item
8455.90.x1.
8455.30 A change to subheading 8455.30 from any other
heading; or
A change to subheadings 8455.30 from
subheading 8455.90, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8455.90 A change to subheading 8455.90 from any other
heading.
8456.10 A change to subheading 8456.10 from any other
heading, except from more than one of the
following:
o Canadian tariff item 8466.93.a1,
U.S. tariff 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8537.10,
o subheading 9013.20.
8456.20-8456.90 A change to subheadings 8456.20 through
8456.90 from any other heading, except
from more than one of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
84.57 A change to heading 84.57 from any other
heading, except from heading 84.59 or
from more than one of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8458.11 A change to subheading 8458.11 from any
other heading, except from more than one
of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8458.19 A change to subheading 8458.19 from any other
heading, except from Canadian tariff
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1 or subheading
8501.32 or 8501.52.
8458.91 A change to subheading 8458.91 from any other
heading, except from more than one of the
following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8458.99 A change to subheading 8458.99 from any other
heading, except from Canadian tariff
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1 or subheading
8501.32 or 8501.52.
8459.10 A change to subheading 8459.10 from any other
heading, except from Canadian tariff
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1 or subheading
8501.32 or 8501.52.
8459.21 A change to subheading 8459.21 from any other
heading, except from more than one of the
following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10; or
A change to subheading 8459.21 from more than
one of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10,
whether or not there is also a change from any
other heading, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8459.29 A change to subheading 8459.29 from any other
heading, except from Canadian tariff
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1 or subheading
8501.32 or 8501.52.
8459.31 A change to subheading 8459.31 from any other
heading, except from more than one of the
following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10; or
A change to subheading 8459.31 from more than
one of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10,
whether or not there is also a change from any
other heading, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8459.39 A change to subheading 8459.39 from any other
heading, except from Canadian tariff
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1 or subheading
8501.32 or 8501.52.
8459.40-8459.51 A change to subheadings 8459.40 through
8459.51 from any other heading, except
from more than one of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10; or
A change to subheadings 8459.40 through
8459.51 from more than one of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10,
whether or not there is also a change from any
other heading, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8459.59 A change to subheading 8459.59 from any other
heading, except from Canadian tariff
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1 or subheading
8501.32 or 8501.52.
8459.61 A change to subheading 8459.61 from any other
heading, except from more than one of the
following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10; or
A change to subheading 8459.61 from more than
one of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10,
whether or not there is also a change from any
other heading, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8459.69 A change to subheading 8459.69 from any other
heading, except from Canadian tariff
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1 or subheading
8501.32 or 8501.52.
8459.70
8459.70.a1 A change to Canadian tariff item
8459.70.a1, U.S. tariff item 8459.70.h1,
Mexican tariff item 8459.70.x1 from any
other heading, except from more than one
of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10; or
A change to Canadian tariff item 8459.70.a1,
U.S. tariff item 8459.70.h1, Mexican tariff
item 8459.70.x1 from more than one of the
following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10,
whether or not there is also a change from any
other heading, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8459.70 A change to subheading 8459.70 from any other
heading, except from Canadian tariff
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1 or subheading
8501.32 or 8501.52.
8460.11 A change to subheading 8460.11 from any other
heading, except from more than one of the
following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8460.19 A change to subheading 8460.19 from any other
heading, except from Canadian tariff
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1 or subheading
8501.32 or 8501.52.
8460.21 A change to subheading 8460.21 from any other
heading, except from more than one of the
following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8460.29 A change to subheading 8460.29 from any other
heading, except from Canadian tariff
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1 or subheading
8501.32 or 8501.52.
8460.31 A change to subheading 8460.31 from any other
heading, except from more than one of the
following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8460.39 A change to subheading 8460.39 from any other
heading, except from Canadian tariff
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1 or subheading
8501.32 or 8501.52.
8460.40
8460.40.a1 A change to Canadian tariff item
8460.40.a1, U.S. tariff item 8460.40.h1,
Mexican tariff item 8460.40.x1 from any
other heading, except from more than one
of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8460.40 A change to subheading 8460.40 from any other
heading, except from Canadian tariff
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1 or subheading
8501.32 or 8501.52.
8460.90
8460.90.a1 A change to Canadian tariff item
8460.90.a1, U.S. tariff item 8460.90.h1,
Mexican tariff item 8460.90.x1 from any
other heading, except from more than one
of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8460.90 A change to subheading 8460.90 from any other
heading, except from Canadian tariff
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1 or subheading
8501.32 or 8501.52.
8461.10
8461.10.a1 A change to Canadian tariff item
8461.10.a1, U.S. tariff item 8461.10.h1,
Mexican tariff item 8461.10.x1 from any
other heading, except from more than one
of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8461.10 A change to subheading 8461.10 from any other
heading, except from Canadian tariff item
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.83.x1.
8461.20
8461.20.a1 A change to Canadian tariff item
8461.20.a1, US. tariff item 8461.20.h1,
Mexican tariff item 8461.20.x1 from any
other heading, except from more than one
of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8461.20 A change to subheading 8461.20 from any other
heading, except from Canadian tariff item
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.83.x1.
8461.30
8461.30.a1 A change to Canadian tariff item
8461.30.a1, U.S. tariff item 8461.30.h1,
Mexican tariff item 8461.30.x1 from any
other heading, except from more than one
of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8461.30 A change to subheading 8461.30 from any other
heading, except from Canadian tariff item
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1.
8461.40 A change to subheading 8461.40 from any other
heading, except from Canadian tariff item
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1.
8461.50
8461.50.a1 A change to Canadian tariff item
8461.50.a1, U.S. tariff item 8461.50.h1,
Mexican tariff item 8461.50.x1 from any
other heading, except from more than one
of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8461.50 A change to subheading 8461.50 from any other
heading, except from Canadian tariff item
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1.
8461.90
8461.90.a1 A change to Canadian tariff item
8461.90.a1, U.S. tariff item 8461.90.h1,
Mexican tariff item 8461.90.x1 from any
other heading, except from more than one
of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.93.a1,
U.S. tariff item 8466.93.h1, Mexican
tariff item 8466.93.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8461.90 A change to subheading 8461.90 from any other
heading, except from Canadian tariff item
8466.93.a1, U.S. tariff item 8466.93.h1,
Mexican tariff item 8466.93.x1.
8462.10 A change to subheading 8462.10 from any other
heading, except from Canadian tariff item
8466.94.a1, U.S. tariff item 8466.94.h1,
Mexican tariff item 8466.94.x1.
8462.21 A change to subheading 8462.21 from any other
heading, except from more than one of the
following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.94.a1,
U.S. tariff item 8466.94.h1, Mexican
tariff item 8466.94.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8462.29 A change to subheading 8462.29 from any other
heading, except from Canadian tariff item
8466.94.a1, U.S. tariff item 8466.94.h1,
Mexican tariff item 8466.94.x1.
8462.31 A change to subheading 8462.31 from any other
heading, except from more than one of the
following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.94.a1,
U.S. tariff item 8466.94.h1, Mexican
tariff item 8466.94.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8462.39 A change to subheading 8462.29 from any other
heading, except from Canadian tariff item
8466.94.a1, U.S. tariff item 8466.94.h1,
Mexican tariff item 8466.94.x1.
8462.41 A change to subheading 8462.41 from any other
heading, except from more than one of the
following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.94.a1,
U.S. tariff item 8466.94.h1, Mexican
tariff item 8466.94.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8462.49 A change to subheading 8462.49 from any other
heading, except from Canadian tariff item
8466.94.a1, U.S. tariff item 8466.94.h1,
Mexican tariff item 8466.94.x1.
8462.91
8462.91.a1 A change to Canadian tariff item
8462.91.a1, U.S. tariff item 8462.91.h1,
8462.91.x1 from any other heading, except
from more than one of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.94.a1,
U.S. tariff item 8466.94.h1, Mexican
tariff item 8466.94.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8462.91 A change to subheading 8462.91 from any other
heading, except from Canadian tariff item
8466.94.a1, U.S. tariff item 8466.94.h1,
Mexican tariff item 8466.94.x1.
8462.99
8462.99.a1 A change to Canadian tariff item
8462.99.a1, U.S. tariff item 8462.99.h1,
Mexican tariff item 8462.99.x1 from any
other heading, except from more than one
of the following:
o subheadings 8413.50 through 8413.60,
o Canadian tariff item 8466.94.a1,
U.S. tariff item 8466.94.h1, Mexican
tariff item 8466.94.x1,
o subheading 8501.32 or 8501.52,
o subheading 8537.10.
8462.99 A change to subheading 8462.99 from any other
heading, except from Canadian tariff item
8466.94.a1, U.S. tariff item 8466.94.h1,
Mexican tariff item 8466.94.x1.
84.63 A change to heading 84.63 from any other
heading, except from Canadian tariff
8466.94.a1, U.S. tariff item 8466.94.h1,
Mexican tariff item 8466.94.x1 or
subheading 8501.32 or 8501.52.
84.64 A change to heading 84.64 from any other
heading, except from subheading 8466.91;
or
A change to heading 84.64 from subheading
8466.91, whether or not there is also a change
from any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
84.65 A change to heading 84.65 from any other
heading, except from subheading 8466.92;
or
A change to heading 84.65 from subheading
8466.92, whether or not there is also a change
from any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
84.66 A change to heading 84.66 from any other
heading.
8467.11-8467.89 A change to subheadings 8467.11 through
8467.89 from any other heading; or
A change to subheadings 8467.11 through
8467.89 from any of subheadings 8467.91,
8467.92 or 8467.99, whether or not there is
also a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8467.91-8467.99 A change to subheadings 8467.91 through
8467.99 from any other heading.
8468.10-8468.80 A change to subheadings 8468.10 through
8468.80 from any other heading; or
A change to subheadings 8468.10 through
8468.80 from subheading 8468.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8468.90 A change to subheading 8468.90 from any other
heading.
84.69
8469.10.a1 A change to Canadian tariff item
8469.10.20, U.S.tariff item 8469.10.h1,
Mexican tariff item 8469.10.x1 from any
other heading, except from heading 84.73;
or
A change to Canadian tariff item 8469.10.a1,
U.S. tariff item 8469.10.h1, Mexican tariff
item 8469.10.x1 from heading 84.73, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than 50% under the net
cost method.
84.69 A change to headings 84.69 from any other
heading, except from heading 84.73; or
A change to heading 84.69 from heading 84.73,
whether or not there is also a change from any
other heading, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
84.70 A change to headings 84.70 from any other
heading, except from heading 84.73; or
A change to heading 84.70 from heading 84.73,
whether or not there is also a change from any
other heading, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8471.10 A change to subheading 8471.10 from any other
heading, except from heading 84.73; or
A change to subheading 8471.10 from heading
84.73, whether or not there is also a change
from any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8471.20-8471.91 A change to subheadings 8471.20 through
8471.91 from any other subheading
outside that group.
8471.92
8471.92.a1 A change to Canadian tariff item
8471.92.a1, U.S. tariff item 8471.92.h1,
Mexican tariff item 8471.92.x1 from any other
subheading, except from subheading 8540.30.
8471.92.a2 A change to Canadian tariff item
8471.92.a2, U.S. tariff item 8471.92.h2,
Mexican tariff item 8471.92.x2 from any
other tariff item, except from Canadian
tariff item 8473.30.a3,
8473.30.a1 or 8548.00.a1, U.S.
tariff item 8473.30.h3, 8473.30.h1 or
8548.00.h1, Mexican tariff item
8473.30.x3, 8473.30.x1 or 8548.00.x1.
8471.92.a3 A change to Canadian tariff item
8471.92.a3, U.S. tariff item 8471.92.h3,
Mexican tariff item 8471.92.x3 from any
other tariff item, except from Canadian
tariff item 8473.30.a1 or 8548.00.a1,
U.S. tariff item 8473.30.h1 or
8548.00.h1, Mexican tariff item
8473.30.x1 or 8548.00.x1.
8471.92.a4 A change to Canadian tariff item
8471.92.a4, U.S. tariff item 8471.92.h4,
Mexican tariff item 8471.92.x4 from any
other tariff item, except from Canadian
tariff item 8473.30.a3, 8473.30.a1 or
8548.00.a1, U.S. tariff item 8473.30.h3,
8473.30.h1 or 8548.00.h1, Mexican tariff
item 8473.30.x3, 8473.30.x1 or
8548.00.x1.
8471.92.a5 A change to Canadian tariff item
8471.92.a5, U.S. tariff item 8471.92.h5,
Mexican tariff item 8471.92.x5 from any
other tariff item, except from Canadian
tariff item 8473.30.a3, U.S. tariff item
8473.30.h3, Mexican tariff item
8473.30.x3.
8471.92.a6 A change to Canadian tariff item
8471.92.a6, U.S. tariff item 8471.92.h6,
Mexican tariff item 8471.92.x6 from any
other tariff item, except from Canadian
tariff item 8473.30.a3, U.S. tariff item
8473.30.h3, Mexican tariff item
8473.30.x3.
8471.92.a7 A change to Canadian tariff item
8471.92.a7, U.S. tariff item 8471.92.h7,
Mexican tariff item 8471.92.x7 from any
other tariff item, except from Canadian
tariff item 8473.30.a3, U.S. tariff item
8473.30.h3, Mexican tariff item
8473.30.x3.
8471.92 A change to subheading 8471.92 from any other
subheading.
8471.93 A change to subheading 8471.93 from any other
subheading.
8471.99
8471.99.a1 A change to Canadian tariff item
8471.99.a1, U.S. tariff item 8471.99.15,
Mexican tariff item 8471.99.x1 from any
other tariff item.
8471.99.a2 A change to Canadian tariff item
8471.99.a2, U.S. tariff item 8471.99.32
or 8471.99.34, Mexican tariff item
8471.99.x2 from any other tariff item.
8471.99.a3 A change to Canadian tariff item
8471.99.a3, U.S. tariff item 8471.99.60,
Mexican tariff item 8471.99.x3 from any
other tariff item.
8471.99 A change to any tariff item within subheading
8471.99 from any other tariff item, including
another tariff item within that subheading.
84.72 A change to heading 84.72 from any other
heading, except from heading 84.73; or
A change to heading 84.72 from heading 84.73,
whether or not there is also a change from
any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8473.10
8473.10.a1 A change to Canadian tariff item
8473.10.a1, U.S. tariff item 8473.10.h1,
Mexican tariff item 8473.10.x1 from any
other heading.
8473.10.a2 A change to Canadian tariff item
8473.10.a2, U.S. tariff item 8473.10.h2,
Mexican tariff item 8473.10.x2 from any
other heading; or
A change to Canadian tariff item 8473.10.a2,
U.S. tariff item 8473.10.h2, Mexican tariff
item 8473.10.x2 from within Canadian tariff
item 8473.10.a2, U.S. tariff item 8473.10.h2,
Mexican tariff item 8473.10.x2, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8473.21 A change to subheading 8473.21 from any other
heading; or
A change to subheading 8473.21 from within
subheading 8473.21, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8473.29 A change to subheading 8473.29 from any other
heading; or
A change to subheading 8473.29 from within
subheading 8473.29, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8473.30
8473.30.a1 A change to Canadian tariff item
8473.30.a1, U.S. tariff item 8473.30.h1,
Mexican tariff item 8473.30.x1 from any
other tariff item.
8473.30.a2 A change to Canadian tariff item
8473.30.a2, U.S. tariff item 8473.30.h2,
Mexican tariff item 8473.30.x2 from any
other tariff item.
8473.30.a3 A change to Canadian tariff item
8473.30.a3, U.S. tariff item 8473.30.h3,
Mexican tariff item 8473.30.x3 from any
other tariff item.
8473.30 A change to subheading 8473.30 from any other
heading.
8473.40 A change to subheading 8473.40 from any other
heading; or
A change to subheading 8473.40 from within
heading 8473.40, whether or not there is also
a change from any other heading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8474.10-8474.80 A change to subheadings 8474.10 through
8474.80 from any other heading; or
A change to subheadings 8474.10 through
8474.80 from subheading 8474.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8474.90 A change to subheading 8474.90 from any other
heading; or
A change to subheading 8474.90 from within
subheading 8474.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8475.10-8475.20 A change to subheadings 8475.10 through
8475.20 from any other heading; or
A change to subheadings 8475.10 through
8475.20 from subheading 8475.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8475.90 A change to subheading 8475.90 from any other
heading.
8476.11-8476.19 A change to subheadings 8476.11 through
8476.19 from any other heading; or
A change to subheadings 8476.11 through
8476.19 from subheading 8476.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8476.90 A change to subheading 8476.90 from any other
heading.
8477.10 A change to subheading 8477.10 from any other
subheading, except from Canadian tariff item
8477.90.a1, U.S. tariff item 8477.90.h1,
Mexican tariff item 8477.90.x1 or from more
than one of the following:
o Canadian tariff item
8477.90.a2, U.S. tariff item
8477.90.h2, Mexican tariff item
8477.x2,
o Canadian tariff item 8537.10.a1,
U.S. tariff item 8537.10.h1,
Mexican tariff item 8537.10.x1.
8477.20 A change to subheading 8477.20 from any other
subheading, except from Canadian tariff item
8477.90.a1, U.S. tariff item 8477.90.h1,
Mexican tariff item 8477.90.x1 or from more
than one of the following:
o Canadian tariff item 8477.90.a2,
U.S. tariff item 8477.90.h2,
Mexican tariff item 8477.x2,
o Canadian tariff item 8537.10.a1,
U.S. tariff item 8537.10.h1,
Mexican tariff item 8537.10.x1.
8477.30 A change to subheading 8477.30 from any other
subheading, except from Canadian tariff item
8477.90.a1, U.S. tariff item 8477.90.h1,
Mexican tariff item 8477.90.x1 or from more
than one of the following:
o Canadian tariff item
8477.90.a3, U.S. tariff item
8477.90.h3, Mexican tariff item
8477.90.x3,
o Canadian tariff item 8537.10.a1,
U.S. tariff item 8537.10.h1,
Mexican tariff item 8537.10.x1.
8477.40-8477.80 A change to subheadings 8477.40 through
8477.80 from any other heading; or
A change to subheadings 8477.40 through
8477.80 from subheading 8477.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8477.90 A change to subheading 8477.90 from any other
heading.
8478.10 A change to subheading 8478.10 from any other
heading; or
A change to subheading 8478.10 from
subheading 8478.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8478.90 A change to subheading 8478.90 from any other
heading.
8479.10-8479.81 A change to subheadings 8479.10 through
8479.81 from any other heading; or
A change to subheadings 8479.10 through
8479.81 from subheading 8479.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8479.82
8479.82.x1 A change to Mexican tariff item
8479.82.x1 from any other tariff item,
except from Canadian tariff item
8479.90.a1, 8479.90.a2, 8479.90.a3
or 8479.90.a4, U.S. tariff item
8479.90.h1, 8479.90.h2, 8479.90.h3 or
8479.90.h4, Mexican tariff item
8479.90.x1, 8479.90.x2, 8479.90.x3 or
8479.90.x4, or combinations thereof.
8479.82 A change to subheading 8479.82 from any other
heading; or
A change to subheading 8479.82 from
subheading 8479.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8479.89
8479.89.a1 A change to Canadian tariff item
8479.89.a1, U.S. tariff item 8479.89.h1
from any other tariff item, except from
Canadian tariff item 8479.90.a1,
8479.90.a2, 8479.90.a3 or 8479.90.a4,
U.S. tariff item 8479.90.h1, 8479.90.h2,
8479.90.h3 or 8479.90.h4, Mexican tariff
item 8479.90.x1, 8479.90.x2, 8479.90.x3
or 8479.90.x4, or combinations thereof.
8479.89 A change to subheading 8479.89 from any other
heading; or
A change to subheading 8479.89 from
subheading 8479.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8479.90
8479.90.a1 A change to Canadian tariff item
8479.90.a1, U.S. tariff item 8479.90.h1,
Mexican tariff item 8479.90.x1 from any
other tariff item.
8479.90.a2 A change to Canadian tariff item
8479.90.a2, U.S. tariff item 8479.90.h2,
Mexican tariff item 8479.90.x2 from any
other tariff item.
8479.90.a3 A change to Canadian tariff item
8479.90.a3, U.S. tariff item 8479.90.h3,
Mexican tariff item 8479.90.x3 from any
other tariff item.
8479.90.a4 A change to Canadian tariff item
8479.90.a4, U.S. tariff item 8479.90.h4,
Mexican tariff item 8479.90.x4 from any
other tariff item.
8479.90 A change to subheading 8479.90 from any other
heading.
84.80 A change to heading 84.80 from any other
heading.
8481.10-8481.80 A change to subheadings 8481.10 through
8481.80 from any other heading; or
A change to subheadings 8481.10 through
8481.80 from subheading 8481.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8481.90 A change to subheading 8481.90 from any other
heading.
8482.10-8482.80 A change to subheadings 8482.10 through
8482.80 from any other subheading
outside that group, except from Canadian
tariff item 8482.99.a1, U.S. tariff
item 8482.99.h1, Mexican tariff item
8482.99.x1; or
A change to subheadings 8482.10 through
8482.80 from Canadian tariff item 8482.99.a1,
U.S. tariff item 8482.99.h1, Mexican tariff
item 8482.99.x1, whether or not there is also
a change from any other subheading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8482.91-8482.99 A change to subheadings 8482.91 through
8482.99 from any other heading.
8483.10 A change to subheading 8483.10 from any other
heading; or
A change to subheadings 8483.10 from
subheading 8483.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8483.20 A change to subheading 8483.20 from any other
subheading, except from subheadings 8482.10
through 8482.80, Canadian tariff item
8482.99.a1, U.S. tariff item 8482.90.h1,
Mexican tariff item 8482.90.x1 or subheading
8483.90; or
A change to subheadings 8483.20 from any of
subheadings 8482.10 through 8482.80, Canadian
tariff item 8482.99.a1, U.S. tariff item
8482.90.h1, Mexican tariff item 8482.90.x1 or
subheading 8483.90, whether or not there is
also a change from any other subheading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8483.30 A change to subheading 8483.30 from any other
heading; or
A change to subheadings 8483.30 from
subheading 8483.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8483.40-8483.60 A change to subheadings 8483.40 through
8483.60 from any other subheading,
except from subheadings 8482.10 through
8482.80, Canadian tariff item
8482.99.a1, U.S. tariff item 8482.99.h1,
Mexican tariff item 8482.99.x1 or
subheading 8483.90; or
A change to subheadings 8483.40 through
8483.60 from any of subheadings 8482.10
through 8482.80, Canadian tariff item
8482.99.a1, U.S. tariff item 8482.99.h1,
Mexican tariff item 8482.99.x1 or subheading
8483.90, whether or not there is also a
change from any other subheading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8483.90 A change to subheading 8483.90 from any other
heading.
84.84-84.85 A change to headings 84.84 through 84.85
from any other heading, including
another heading within that group.
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
Note X: Canadian tariff item 8517.90.a3, U.S. tariff
item 8517.90.h3, Mexican tariff item
8517.90.x3 covers the following parts of
facsimile machines:
(1) Control or command assemblies,
incorporating at least two of the
following: printed circuit assembly;
modem; hard or flexible (floppy) disc
drive; keyboard; user interface;
(2) Optics module assemblies, incorporating
at least two of the following: optics
lamp; charge couples device and
appropriate optics; lenses; mirror;
(3) Laser imaging assemblies, incorporating
at least two of the following:
photoreceptor belt or cylinder; toner
receptacle unit; toner developing unit;
charge/discharge unit; cleaning unit;
(4) Ink jet marking assemblies,
incorporating at least two of the
following: thermal print head; ink
dispensing unit; nozzle and reservoir
unit; ink heater;
(5) Thermal transfer imaging assemblies,
incorporating at least two of the
following: thermal print head; cleaning
unit; supply or take-up roller;
(6) Ionographic imaging assemblies,
incorporating at least two of the
following: ion generation and emitting
unit; air assist unit; printed circuit
assembly; charge receptor belt or
cylinder; toner receptacle unit; toner
distribution unit; developer receptacle
and distribution unit; developing unit;
charge/discharge unit; cleaning unit;
(7) Image fixing assemblies, incorporating
at least two of the following: fuser;
pressure roller; heating element;
release oil dispenser; cleaning unit;
electrical control;
(8) Paper handling assemblies, incorporating
at least two of the following: paper
transport belt; roller; print bar;
carriage; gripper roller; paper storage
unit; exit tray;
(9) Combinations of the above specified
assemblies.
Note Y: For the purposes of this Chapter, references
to "high definition" as it applies to
television receivers and cathode-ray tubes
refers to goods having:
(1) an aspect ratio of the screen equal to
or greater than 16:9; and
(2) a viewing screen capable of displaying
more than 700 scanning lines.
For the purposes of this Chapter, the video
display diagonal is determined by measuring
the maximum straight line dimension across
the visible portion of the face plate used
for displaying video.
Note Z: Canadian tariff item 8529.90.a3, U.S. tariff
item 8529.90.h3, Mexican tariff item
8529.90.x3 covers the following parts of
television receivers:
(1) Video intermediate (IF) amplifying and
detecting systems;
(2) Video processing and amplification
systems;
(3) Synchronizing and deflection circuitry;
(4) Tuners and tuner control systems;
(5) Audio detection and amplification
systems.
Note XX: For the purposes of Canadian tariff item
8540.91.a1, U.S. tariff item 8540.91.h1,
Mexican tariff item 8540.91.x1, the term
"front panel assembly" refers to an assembly
which consists of a glass panel and a shadow
mask or aperture grille, attached for
ultimate use, which is suitable for
incorporation into a colour cathode ray
television picture tube (including video
monitor cathode-ray tube), and which has
undergone the necessary chemical and physical
processes for imprinting phosphors on the
glass panel with sufficient precision to
render a video image when excited by a stream
of electrons.
85.01 A change to heading 85.01 from any other
heading, except from Canadian tariff
item 8503.00.a1, U.S. tariff item
8503.00.h1, Mexican tariff item
8503.00.x1; or
A change to heading 85.01 from Canadian
tariff item 8503.00.a1, U.S. tariff item
8503.00.h1, Mexican tariff item 8503.00.x1,
whether or not there is also a change from
any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
85.02 A change to heading 85.02 from any other
heading, except from heading 84.06,
84.11, 85.01 or 85.03; or
A change to heading 85.02 from any of
headings 84.06, 84.11, 85.01 or 85.03,
whether or not there is also a change from
any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
85.03 A change to heading 85.03 from any other
heading.
8504.10-8504.34 A change to subheadings 8504.10 through
8504.34 from any other heading; or
A change to subheadings 8504.10 through
8504.34 from subheading 8504.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8504.40.a1 A change to Canadian tariff item
8504.40.a1, U.S. tariff item 8504.40.h1,
Mexican tariff item 8504.40.x1 from any
other subheading.
8504.40.a2 A change to Canadian tariff item
8504.40.a2, U.S. tariff item 8504.40.h2,
Mexican tariff item 8504.40.x2 from any
other subheading, except from Canadian
tariff item 8504.90.a1, U.S. tariff item
8504.40.h1, Mexican tariff item
8504.40.x1.
8504.40 A change to subheading 8504.40 from any other
heading; or
A change to subheadings 8504.40 from
subheading 8504.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8504.50 A change to subheading 8504.50 from any other
heading; or
A change to subheading 8504.50 from
subheading 8504.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8504.90
8504.90.a2 A change to Canadian tariff item
8504.90.a2, U.S. tariff item 8504.90.h2,
Mexican tariff item 8504.90.x2 from any
other tariff item.
8504.90 A change to subheading 8504.90 from any other
heading.
8505.11-8505.30 A change to subheadings 8505.11 through
8505.30 from any other heading;or
A change to subheadings 8505.11 through
8505.30 from subheading 8505.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8505.90 A change to subheading 8505.90 from any other
heading.
8506.11-8506.20 A change to subheadings 8506.11 through
8506.20 from any other heading; or
A change to subheadings 8506.11 through
8506.20 from subheading 8506.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8506.90 A change to subheading 8506.90 from any other
heading.
8507.10-8507.80 A change to subheadings 8507.10 through
8507.80 from any other heading; or
A change to subheadings 8507.10 through
8507.80 from subheading 8507.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8507.90 A change to subheading 8507.90 from any other
heading.
8508.10-8508.80 A change to subheadings 8508.10 through
8508.80 from any other subheading
outside that group, except from heading
85.01 or Canadian tariff item
8508.90.a1, U.S. tariff item
8508.90.h1, Mexican tariff item
8508.90.x1; or
A change to subheadings 8508.10 through
8508.80 from any of heading 85.01 or Canadian
tariff item 8508.90.a1, U.S. tariff item
8508.90.h1, Mexican tariff item 8508.90.x1,
whether or not there is also a change from
any other subheading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8508.90 A change to subheading 8508.90 from any other
heading.
8509.10-8509.40 A change to subheadings 8509.10 through
8509.40 from any other subheading
outside that group, except from heading
85.01 or Canadian tariff item
8509.90.a1, U.S. tariff item
8509.90.h1, Mexican tariff item
8509.90.x1; or
A change to subheadings 8509.10 through
8509.40 from any of heading 85.01 or Canadian
tariff item 8509.90.a1, U.S. tariff item
8509.90.h1, Mexican tariff item 8509.90.x1,
whether or not there is also a change from
any other subheading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8509.80 A change to subheading 8509.80 from any other
heading; or
A change to subheading 8509.80 from
subheading 8509.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8509.90 A change to subheading 8509.90 from any other
heading.
8510.10-8510.20 A change to subheadings 8510.10 through
8510.20 from any other heading; or
A change to subheadings 8510.10 through
8510.20 from subheading 8510.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8510.90 A change to subheading 8510.90 from any other
heading.
8511.10-8511.80 A change to subheadings 8511.10 through
8511.80 from any other heading; or
A change to subheadings 8511.10 through
8511.80 from subheading 8511.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8511.90 A change to subheading 8511.90 from any other
heading.
8512.10-8512.40 A change to subheadings 8512.10 through
8512.40 from any other heading; or
A change to subheadings 8512.10 through
8512.40 from subheading 8512.90, whether or
not there is also a change from any other
heading, provided there is also a regional
value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8512.90 A change to subheading 8512.90 from any other
heading.
8513.10 A change to subheading 8513.10 from any other
heading; or
A change to subheading 8513.10 from
subheading 8513.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8513.90 A change to subheading 8513.90 from any other
heading.
8514.10-8514.40 A change to subheadings 8514.10 through
8514.40 from any other heading; or
A change to subheadings 8514.10 through
8514.40 from subheading 8514.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8514.90 A change to subheading 8514.90 from any other
heading.
8515.11-8515.80 A change to subheadings 8515.11 through
8515.80 from any other heading; or
A change to subheadings 8515.11 through
8515.80 from subheading 8515.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8515.90 A change to subheading 8515.90 from any other
heading.
8516.10-8516.29 A change to subheadings 8516.10 through
8516.29 from subheading 8516.80 or any
other heading; or
A change to subheadings 8516.10 through
8516.29 from subheading 8516.90, whether or
not there is also a change from any of
subheading 8516.80 or any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8516.31 A change to subheading 8516.31 from any other
subheading, except from subheading 8516.80 or
heading 85.01.
8516.32 A change to subheading 8516.32 from
subheading 8516.80 or from any other heading;
or
A change to subheading 8516.32 from
subheading 8516.90, whether or not there is
also a change from any of subheading 8516.80
or any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8516.33 A change to subheading 8516.33 from any other
subheading, except from subheading 8516.80,
heading 85.01 or Canadian tariff item
8516.90.a1, U.S. tariff item 8516.90.h1,
Mexican tariff item 8516.90.x1.
8516.40 A change to subheading 8516.40 from any other
subheading, except from heading 84.02,
subheading 8481.40 or Canadian tariff item
8516.90.a2, U.S. tariff item 8516.90.h2,
Mexican tariff item 8516.90.x2.
8516.50 A change to subheading 8516.50 from any other
subheading, except from Canadian tariff item
8516.90.a3 or 8516.90.a4, U.S. tariff
item 8516.90.h3 or 8516.90.h4, Mexican tariff
item 8516.90.x3 or 8516.90.x4.
8516.60
8516.60.a1 A change to Canadian tariff item
8516.60.a1, U.S. tariff item 8516.60.h1,
Mexican tariff item 8516.60.x1 from any
other tariff item, except from Canadian
tariff item 8516.90.a5, 8516.90.a6,
8516.90.a7 or 8537.10.a1, U.S.
tariff item 8516.90.h5, 8516.90.h6,
8516.90.h7 or 8537.10.h1, Mexican tariff
item 8516.90.x5, 8516.90.x6, 8516.90.x7
or 8537.10.x1.
8516.60 A change to subheading 8516.60 from any other
subheading.
8516.71 A change to subheading 8516.71 from
subheading 8516.80 or from any other heading;
or
A change to subheading 8516.71 from
subheading 8516.90, whether or not there is
also a change from any of subheading 8516.80
or any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8516.72 A change to subheading 8516.72 from any other
subheading, except from Canadian tariff item
8516.90.a8, U.S. tariff item 8516.90.h8,
Mexican tariff item 8516.90.x8 or subheading
9032.10; or
A change to subheading 8516.72 from any of
Canadian tariff item 8516.90.a8, U.S. tariff
item 8516.90.h8, Mexican tariff item
8516.90.x8 or subheading 9032.10, whether or
not there is also a change from any other
subheading, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8516.79 A change to subheading 8516.79 from
subheading 8516.80 or from any other heading;
or
A change to subheading 8516.79 from
subheading 8516.90, whether or not there is
also a change from any of subheading 8516.80
or any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8516.80 A change to subheading 8516.80 from any other
heading; or
A change to subheading 8516.80 from
subheading 8516.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8516.90
8516.90.a3 A change to Canadian tariff item
8516.90.a3, U.S. tariff item 8516.90.h3,
Mexican tariff item 8516.90.x3 from any
other tariff item.
8516.90.a4 A change to Canadian tariff item
8516.90.a4, U.S. tariff item 8516.90.h4,
Mexican tariff item 8516.90.x4 from any
other tariff item.
8516.90.a5 A change to Canadian tariff item
8516.90.a5, U.S. tariff item 8516.90.h5,
Mexican tariff item 8516.90.x5 from any
other tariff item.
8516.90.a6 A change to Canadian tariff item
8516.90.a6, U.S. tariff item 8516.90.h6,
Mexican tariff item 8516.90.x6 from any
other tariff item.
8516.90.a7 A change to Canadian tariff item
8516.90.a7, U.S. tariff item 8516.90.h7,
Mexican tariff item 8516.90.x7 from any
other tariff item.
8516.90 A change to subheading 8516.90 from any other
heading.
8517.10 A change to subheading 8517.10 from any
other subheading, except from Canadian tariff
item 8517.90.a1, U.S. tariff item 8517.90.04,
Mexican tariff item 8517.90.x1.
8517.20 A change to subheading 8517.20 from any other
subheading, provided that, with respect to
printed circuit assemblies (PCAs) of Canadian
tariff item 8517.90.a1 or 8473.30.a1, U.S.
tariff item 8517.90.04 or 8473.30.h1, Mexican
tariff item 8517.90.x1 or 8473.30.x1:
a) except as provided in subparagraph
(b), for each multiple of nine
PCAs, or any portion thereof, that
is contained in the good, only one
PCA may be a non-originating PCA;
and
b) if the good contains less than
three PCAs, all of the PCAs must be
originating PCAs.
8517.30 A change to subheading 8517.30 from any other
subheading, provided that, with respect to
printed circuit assemblies (PCAs) of Canadian
tariff item 8517.90.a1 or 8473.30.a1, U.S.
tariff item 8517.90.04 or 8473.30.h1, Mexican
tariff item 8517.90.x1 or 8473.30.x1:
a) except as provided in subparagraph
(b), for each multiple of nine
PCAs, or any portion thereof, that
is contained in the good, only one
PCA may be a non-originating PCA;
and
b) if the good contains less than
three PCAs, all of the PCAs must be
originating PCAs.
8517.40
8517.40.a2 A change to Canadian tariff item
8517.40.a2, U.S. tariff item 8517.40.h2,
Mexican tariff item 8517.40.x2 from any
other subheading, provided that, with
respect to printed circuit assemblies
(PCAs) of Canadian tariff item
8517.90.a1 or 8473.30.a1, U.S. tariff
item 8517.90.04 or 8473.30.h1, Mexican
tariff item 8517.90.x1 or 8473.30.x1:
a) except as provided in subparagraph
(b), for each multiple of nine
PCAs, or any portion thereof, that
is contained in the good, only one
PCA may be a non-originating PCA;
and
b) if the good contains less than
three PCAs, all of the PCAs must be
originating PCAs.
8517.40 A change to subheading 8517.40 from any other
subheading.
8517.81
8517.81.x1 A change to Mexican tariff item
8517.81.x1 from any other tariff item,
except from Canadian tariff item
8517.90.a3, U.S. tariff item 8517.90.h3,
Mexican tariff item 8517.90.x3.
8517.81 A change to subheading 8517.81 from any other
subheading, provided that, with respect to
printed circuit assemblies (PCAs) of Canadian
tariff item 8517.90.a1 or 8473.30.a1, U.S.
tariff item 8517.90.04 or 8473.30.h1, Mexican
tariff item 8517.90.x1 or 8473.30.x1:
a) except as provided in subparagraph
(b), for each multiple of nine
PCAs, or any portion thereof, that
is contained in the good, only one
PCA may be a non-originating PCA;
and
b) if the good contains less than
three PCAs, all of the PCAs must be
originating PCAs.
8517.82
8517.82.a2 A change to Canadian tariff item
8517.82.a2, U.S. tariff item 8517.82.h2
from any other tariff item, except from
Canadian tariff item 8517.90.a3, U.S.
tariff item 8517.90.h3, Mexican tariff
item 8517.90.x3.
8517.82 A change to subheading 8517.82 from any other
subheading.
8517.90
8517.90.a1 A change to Canadian tariff item
8517.90.a1, U.S. tariff item 8517.90.h1,
Mexican tariff item 8517.90.x1 from any
other tariff item, except from Canadian
tariff item 8517.90.a5, U.S. tariff item
8517.90.h5, Mexican tariff item
8517.90.x5.
8517.90.a2 A change to Canadian tariff item
8517.90.a2, U.S. tariff item 8517.90.h2,
Mexican tariff item 8517.90.x2 from any
other tariff item, provided that, with
respect to printed circuit assemblies
(PCAs) of Canadian tariff item
8517.90.a1 or 8473.30.a1, U.S. tariff
item 8517.90.04 or 8473.30.h1, Mexican
tariff item 8517.90.x1 or 8473.30.x1:
a) except as provided in subparagraph
(b), for each multiple of nine
PCAs, or any portion thereof, that
is contained in the good, only one
PCA may be a non-originating PCA;
and
b) if the good contains less than
three PCAs, all of the PCAs must be
originating PCAs.
8517.90.a3 A change to Canadian tariff item
8517.90.a3, U.S. tariff item 8517.90.h3,
Mexican tariff item 8517.90.x3 from any
other tariff item.
8517.90.a4 A change to Canadian tariff item
8517.90.a4, U.S. tariff item 8517.90.h4,
Mexican tariff item 8517.90.x4 from any
other tariff item.
8517.90.a5 A change to Canadian tariff item
8517.90.a5, U.S. tariff item 8517.90.h5,
Mexican tariff item 8517.90.x5 from any
other tariff item.
8517.90.a6 A change to Canadian tariff item
8517.90.a6, U.S. tariff item 8517.90.h6,
Mexican tariff item 8517.90.x6 from any
other heading.
8517.90.a7 A change to Canadian tariff item
8517.90.a7, U.S. tariff item 8517.90.h7,
Mexican tariff item 8517.90.x7 from
Canadian tariff item 8517.90.a6, U.S.
tariff item 8517.90.h6, Mexican tariff
item 8517.90.x6 or from any other
heading.
8517.90 A change to subheading 8517.90 from any other
heading.
8518.10-8518.21 A change to subheadings 8518.10 through
8518.21 from any other heading; or
A change to subheadings 8518.10 through
8518.21 from subheading 8518.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8518.22 A change to subheading 8518.22 from any other
heading; or
A change to subheading 8518.22 from any of
subheading 8518.29 or 8518.90, whether or not
there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8518.29 A change to subheading 8518.29 from any other
heading; or
A change to subheading 8518.29 from
subheading 8518.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8518.30
8518.30.a1 A change to Canadian tariff item
8518.30.a1, U.S. tariff item 8518.30.10,
Mexican tariff item 8518.30.x1 from any
other tariff item.
8518.30 A change to subheading 8518.30 from any other
heading; or
A change to subheading 8518.30 from
subheading 8518.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8518.40-8518.50 A change to subheadings 8518.40 through
8518.50 from any other heading; or
A change to subheadings 8518.40 through
8518.50 from subheading 8518.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8518.90 A change to subheading 8518.90 from any other
heading.
8519.10-8519.99 A change to subheadings 8519.10 through
8519.99 from any other subheading,
including another subheading within that
group, except from Canadian tariff item
8522.90.a1, U.S. tariff item
8522.90.h1, 8522.90.x1.
8520.10-8520.90 A change to subheadings 8520.10 through
8520.90 from any other subheading,
including another subheading within that
group, except from Canadian tariff item
8522.90.a1, U.S. tariff item 8522.90.h1,
8522.90.x1.
8521.10-8521.90 A change to subheadings 8521.10 through
8521.90 from any other subheading,
including another subheading within that
group, except from Canadian tariff item
8522.90.a1, U.S. tariff item 8522.90.h1,
8522.90.x1.
85.22 A change to heading 85.22 from any other
heading.
85.23-85.24 A change to headings 85.23 through 85.24
from any other heading, including
another heading within that group.
8525.10-8525.20 A change to subheadings 8525.10 through
8525.20 from any other subheading,
provided that, with respect to printed
circuit assemblies (PCAs) of Canadian
tariff item 8529.90.a1, U.S. tariff
item 8529.90.h1, Mexican tariff item
8529.90.x1:
a) except as provided in subparagraph
(b), for each multiple of nine
PCAs, or any portion thereof, that
is contained in the good, only one
PCA may be a non-originating PCA;
and
b) if the good contains less than
three PCAs, all of the PCAs must be
originating PCAs.
8525.30
8525.30.a1 A change to Canadian tariff item
8525.30.a1, U.S. tariff item 8525.30.h1,
Mexican tariff item 8525.30.x1 from any
other tariff item, except from Canadian
tariff item 8525.30.a2, U.S. tariff
item 8525.30.h2, Mexican tariff item
8525.30.x2.
8525.30 A change to subheading 8525.30 from any other
subheading, except from Canadian tariff item
8529.90.a1, U.S. tariff item 8529.90.h1,
Mexican tariff item 8529.90.x1.
8526.10 A change to subheading 8526.10 from any other
subheading, except from subheading 8525.20,
Canadian tariff item 8529.90.a2, U.S.
tariff item 8529.90.h2, Mexican tariff item
8529.90.x2 or from more than two of the
following:
o subheading 8529.10,
o radar display unit,
o Canadian tariff item 8529.90.a1,
U.S. tariff item 8529.90.h1,
Mexican tariff item 8529.90.x1.
8526.91-8526.92 A change to subheadings 8526.91 through
8526.92 from any other heading, except
from heading 85.29; or
A change to subheadings 8526.91 through
8526.92 from heading 85.29, whether or not
there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8527.11-8527.39 A change to subheadings 8527.11 through
8527.39 from any other subheading,
including another subheading within that
group, except from Canadian tariff item
8529.90.a1, U.S. tariff item 8529.90.h1,
Mexican tariff item 8529.90.x1.
8527.90 A change to subheading 8527.90 from any other
subheading, provided that, with respect to
printed circuit assemblies (PCAs) of Canadian
tariff item 8529.90.a1, U.S. tariff item
8529.90.h1, Mexican tariff item 8529.90.x1:
a) except as provided in subparagraph
(b), for each multiple of nine
PCAs, or any portion thereof, that
is contained in the good, only one
PCA may be a non-originating PCA;
and
b) if the good contains less than
three PCAs, all of the PCAs must be
originating PCAs.
8528.10
8528.10.a1 A change to Canadian tariff item
8528.10.a1, U.S. tariff item 8528.10.h1,
Mexican tariff item 8528.10.x1 from any
other heading, except from Canadian
tariff item 8529.90.a1, U.S. tariff item
8529.90.h1, Mexican tariff item
8529.90.x1.
8528.10.a2 A change to Canadian tariff item
8528.10.a2, U.S. tariff item 8528.10.h2,
Mexican tariff item 8528.10.x2 from any
other heading, except from Canadian
tariff 8540.11.a1, U.S. tariff item
8540.11.h1, Mexican tariff item
8540.11.x1.
Note: Commencing on January 1, 1999, the above
rule of origin for tariff item
8528.10.a2 shall be replaced by the
following:
8528.10.a2 A change to Canadian tariff item
8528.10.a2, U.S. tariff item 8528.10.h2,
Mexican tariff item 8528.10.x2 from any
other heading, except from Canadian
tariff 8540.11.a1, U.S. tariff item
8540.11.h1, Mexican tariff item
8540.11.x1 or a combination of all the
specified parts of television receivers,
as listed in Note Z to Chapter 85, plus
a power supply.
8528.10.a3 A change to Canadian tariff item
8528.10.a3, U.S. tariff item 8528.10.h3,
Mexican tariff item 8528.10.x3 from any
other heading, except from Canadian
tariff item 8540.12.a1, U.S. tariff
item 8540.12.h1, 8540.12.x1.
8528.10.a4 A change to Canadian tariff item
8528.10.a4, U.S. tariff item 8528.10.h4,
Mexican tariff item 8528.10.x4 from any
other heading, except from Canadian
tariff 8540.11.a2, Mexican tariff
8540.11.h2, U.S. 8540.11.x2. In
addition, no more than half by unit of
the semiconductors of Canadian tariff
item 8542.11.a1, U.S. tariff item
8542.11.h1, Mexican tariff item
8542.11.x1 may be non-originating; or
A change to Canadian tariff item 8528.10.a4,
U.S. tariff item 8528.10.h4, Mexican tariff
item 8528.10.x4 from any other heading,
except from Canadian tariff 8540.11.a2,
Mexican tariff 8540.11.h2, U.S. 8540.11.x2.
In addition, the regional value content must
be not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8528.10.a5 A change to Canadian tariff item
8528.10.a5, U.S. tariff item 8528.10.h5,
Mexican tariff item 8528.10.x5 from any
other heading, except from Canadian
tariff item 8540.12.a2, Mexican
tariff item 8540.12.h2, U.S. tariff item
8540.12.x2. In addition, no more than
half by unit of the semiconductors of
Canadian tariff item 8542.11.a1, U.S.
tariff item 8542.11.h1, Mexican tariff
item 8542.11.x1 may be non-originating;
or
A change to Canadian tariff item 8528.10.a5,
U.S. tariff item 8528.10.h5, Mexican tariff
item 8528.10.x5 from any other heading,
except from Canadian tariff item 8540.12.a2,
Mexican tariff item 8540.12.h2, U.S. tariff
item 8540.12.x2. In addition, the regional
value content must be not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8528.10.a6 A change to Canadian tariff item
8528.10.a6, U.S. tariff item 8528.10.h6,
Mexican tariff item 8528.10.x6 from any
other heading, except from Canadian
tariff item 8529.90.a5, U.S. tariff
item 8529.90.h5, Mexican tariff item
8529.90.x5.
8528.10 A change to subheading 8528.10 from any other
heading, provided there is a regional value-
content percentage is not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8528.20 A change to subheading 8528.20 from any other
heading, provided that, with respect to
printed circuit assemblies (PCAs) of Canadian
tariff item 8529.90.a1, U.S. tariff item
8529.90.10, Mexican tariff item 8529.90.x1:
a) except as provided in subparagraph
(b), for each multiple of nine
PCAs, or any portion thereof, that
is contained in the good, only one
PCA may be a non-originating PCA;
and
b) if the good contains less than
three PCAs, all of the PCAs must be
originating PCAs.
8529.10 A change to subheading 8529.10 from any other
heading.
8529.90
8529.90.a1 A change to Canadian tariff item
8529.90.a1, U.S. tariff item 8529.90.h1,
Mexican tariff item 8529.90.x1 from any
other tariff item.
8529.90.a2 A change to Canadian tariff item
8529.90.a2, U.S. tariff item 8529.90.h2,
Mexican tariff item 8529.90.x2 from any
other tariff item.
8529.90.a3 A change to Canadian tariff item
8529.90.a3, U.S. tariff item 8529.90.h3,
Mexican tariff item 8529.90.x3 from any
other tariff item.
8529.90.a4 A change to Canadian tariff item
8529.90.a4, U.S. tariff item 8529.90.h4,
Mexican tariff item 8529.90.x4 from any
other tariff item.
8529.90.a5 A change to Canadian tariff item
8529.90.a5, U.S. tariff item 8529.90.h5,
Mexican tariff item 8529.90.x5 from any
other tariff item.
8529.90.a6 A change to Canadian tariff item
8529.90.a6, U.S. tariff item 8529.90.h6,
Mexican tariff item 8529.90.x6 from any
other tariff item.
8529.90.a7 A change to Canadian tariff item
8529.90.a7, U.S. tariff item 8529.90.h7,
Mexican tariff item 8529.90.x7 from any
other heading; or
A change to Canadian tariff item 8529.90.a7,
U.S. tariff item 8529.90.h7, Mexican tariff
item 8529.90.x7 from within Canadian tariff
item 8529.90.a7, U.S. tariff item 8529.90.h7,
Mexican tariff item 8529.90.x7, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8529.90 A change to subheading 8529.90 from any other
heading.
8530.10-8530.80 A change to subheadings 8530.10 through
8530.80 from any other heading; or
A change to subheadings 8530.10 through
8530.80 from subheading 8530.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8530.90 A change to subheading 8530.90 from any other
heading.
8531.10 A change to subheading 8531.10 from any other
subheading, except from Canadian tariff item
8531.90.a1, U.S. tariff item 8531.90.h1,
Mexican tariff item 8531.90.x3.
8531.20 A change to subheading 8531.20 from any other
heading; or
A change to subheading 8531.20 from
subheading 8531.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8531.80
8531.80.h1 A change to U.S. tariff item 8531.80.h1
from any other subheading, provided
that, with respect to printed circuit
assemblies (PCAs) of Canadian tariff
item 8531.90.a1, U.S. tariff item
8531.90.h1, Mexican tariff item
8531.90.x1:
a) except as provided in subparagraph
(b), for each multiple of nine
PCAs, or any portion thereof, that
is contained in the good, only one
PCA may be a non-originating PCA;
and
b) if the good contains less than
three PCAs, all of the PCAs must be
originating PCAs.
8531.80 A change to subheading 8531.80 from any other
heading; or
A change to subheading 8531.80 from
subheading 8531.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8531.90 A change to subheading 8531.90 from any other
heading.
8532.10 A change to subheading 8532.10 from any other
heading; or
A change to subheading 8532.10 from
subheading 8532.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8532.21-8532.30 A change to subheadings 8532.21 through
8532.30 from any other subheading,
including another subheading within that
group.
8532.90 A change to subheading 8532.90 from any other
heading.
8533.10-8533.39 A change to subheadings 8533.10 through
8533.39 from any other subheading,
including another subheading within that
group.
8533.40 A change to subheading 8533.40 from any other
subheading, except from Canadian tariff item
8533.90.a1, U.S. tariff item 8533.90.h1,
Mexican tariff item 8533.90.x1.
8533.90 A change to subheading 8533.90 from any other
heading.
85.34 A change to heading 85.34 from any other
heading.
85.35
8535.90.a1 A change to Canadian tariff item
8535.90.a1, U.S. tariff item 8535.90.h1,
Mexican tariff item 8535.90.x1 from any
other tariff item, except from Canadian
tariff item 8538.90.a1, U.S. tariff
item 8538.90.h1, Mexican tariff item
8538.90.x1; or
A change to Canadian tariff item 8535.90.a1,
U.S. tariff item 8535.90.h1, Mexican tariff
item 8535.90.x1 from Canadian tariff item
8535.90.a1, U.S. tariff item 8535.90.h1,
Mexican tariff item 8538.90.x1, whether or
not there is also a change from any other
tariff item, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
85.35 A change to heading 85.35 from any other
heading, except from Canadian tariff
item 8538.90.a2 or 8538.90.a3,
U.S. tariff item 8538.90.h2 or
8538.90.h3, Mexican tariff item
8538.90.x2 or 8538.90.x3; or
A change to heading 85.35 from any of
Canadian tariff items 8538.90.a2 or
8538.90.a3, U.S. tariff items 8538.90.h2 or
8538.90.h3, Mexican tariff items 8538.90.x2
or 8538.90.x3, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
85.36
8536.30.a1 A change to Canadian tariff item
8536.30.a1, U.S. tariff item 8536.30.h1,
Mexican tariff item 8536.30.x1 from any
other tariff item, except from Canadian
tariff item 8538.90.a1, U.S. tariff item
8538.90.h1, Mexican tariff item
8538.90.x1; or
A change to Canadian tariff item 8536.30.a1,
U.S. tariff item 8536.30.h1, Mexican tariff
item 8536.30.x1 from Canadian tariff item
8538.90.a1, U.S. tariff item 8538.90.h1,
Mexican tariff item 8538.90.x1, whether or
not there is also a change from any other
tariff item, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8536.50.a1 A change to Canadian tariff item
8536.50.a1, U.S. tariff item 8536.50.h1,
Mexican tariff item 8536.50.x1 from any
other tariff item, except from Canadian
tariff item 8538.90.a1, U.S. tariff item
8538.90.h1, Mexican tariff item
8538.90.x1; or
A change to Canadian tariff item 8536.50.a1,
U.S. tariff item 8536.50.h1, Mexican tariff
item 8536.50.x1 from Canadian tariff item
8538.90.a1, U.S. tariff item 8538.90.h1,
Mexican tariff item 8538.90.x1, whether or
not there is also a change from any other
tariff item, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8536.90.x1 A change to Mexican tariff item
8536.90.x1 from any other tariff item,
except from Canadian tariff item
8538.90.a1, U.S. tariff item 8538.90.h1,
Mexican tariff item 8538.90.x1; or
A change to Mexican tariff item 8536.90.x1
from Canadian tariff item 8538.90.a1, U.S.
tariff item 8538.90.h1, Mexican tariff item
8538.90.x1, whether or not there is also a
change from any other tariff item, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
85.36 A change to heading 85.36 from any other
heading, except from Canadian tariff
item 8538.90.a2 or 8538.90.a3, U.S.
tariff item 8538.90.h2 or 8538.90.h3,
Mexican tariff item 8538.90.x2 or
8538.90.x3; or
A change to heading 85.36 from any of
Canadian tariff items 8538.90.a2 or
8538.90.a3, U.S. tariff items 8538.90.h2 or
8538.90.h3, Mexican tariff items 8538.90.x2
or 8538.90.x3, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
85.37 A change to heading 85.37 from any other
heading, except from Canadian tariff
item 8538.90.a2 or 8538.90.a3, U.S.
tariff item 8538.90.h2 or 8538.90.h3,
Mexican tariff item 8538.90.x2 or
8538.90.x3; or
A change to heading 85.37 from any of
Canadian tariff items 8538.90.a2 or
8538.90.a3, U.S. tariff items 8538.90.h2 or
8538.90.h3, Mexican tariff items 8538.90.x2
or 8538.90.x3, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
85.38 A change to heading 85.38 from any other
heading.
8539.10-8539.40 A change to subheadings 8539.10 through
8539.40 from any other heading; or
A change to subheadings 8539.10 through
8539.40 from subheading 8539.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8539.90 A change to subheading 8539.90 from any other
heading.
8540.11
8540.11.a1 A change to Canadian tariff item
8540.11.a1, U.S. tariff item 8540.11.h1,
Mexican tariff item 8540.11.x1 from any
other subheading, except from more than
one of the following:
o Canadian tariff item
8540.91.a1, U.S. tariff item
8540.91.11, Mexican tariff item
8540.91.x1
o Canadian tariff item
7011.20.a1, U.S. tariff item
7011.20.11, Mexican tariff item
7011.20.x1.
8540.11.a2 A change to Canadian tariff item
8540.11.a2, U.S. tariff item 8540.11.h2,
Mexican tariff item 8540.11.x2 from any
other subheading, except from Canadian
tariff item 8540.91.a1, U.S. tariff item
8540.91.h1, Mexican tariff item
8540.91.x1.
8540.11 A change to subheading 8540.11 from any other
heading; or
A change to subheading 8540.11 from
subheading 8540.91, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8540.12
8540.12.a1 A change to Canadian tariff item
8540.12.a1, U.S. tariff item 8540.12.h1,
Mexican tariff item 8540.12.x1 from any
other subheading, except from more than
one of the following:
o Canadian tariff item 8540.91.a1,
U.S. tariff item 8540.91.11,
Mexican tariff item 8540.91.x1,
o Canadian tariff item 7011.21.a1,
U.S. tariff item 7011.21.11,
Mexican tariff item 7011.21.x1.
8540.12.a2 A change to Canadian tariff item
8540.12.a2, U.S. tariff item 8540.12.h2,
Mexican tariff item 8540.12.x2 from any
other subheading, except from Canadian
tariff item 8540.91.a1, U.S. tariff item
8540.91.h1, Mexican tariff item
8540.91.x1.
8540.12 A change to subheading 8540.12 from any other
heading; or
A change to subheading 8540.12 from
subheading 8540.91, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8540.20 A change to subheading 8540.20 from any other
heading; or
A change to subheading 8540.20 from any of
subheadings 8540.91 through 8540.99, whether
or not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8540.30 A change to subheading 8540.30 from any other
subheading, except from Canadian tariff item
8540.91.a1, U.S. tariff item 8540.91.h1,
Mexican tariff item 8540.91.x1.
8540.41-8540.49 A change to subheadings 8540.41 through
8540.49 from any other subheading
outside of that group, except from
Canadian tariff item 8540.99.a1,
U.S. tariff item 8540.99.h1, Mexican
tariff item 8540.99.x1.
8540.81-8540.89 A change to subheadings 8540.81 through
8540.89 from any other subheading,
including another subheading within that
group.
8540.91
8540.91.a1 A change to Canadian tariff item
8540.91.a1, U.S. tariff item 8540.91.11,
Mexican tariff item 8540.91.x1 from any
other tariff item.
8540.91 A change to subheading 8540.91 from any other
heading.
8540.99
8540.99.a1 A change to Canadian tariff item
8540.99.a1, U.S. tariff item 8540.99.h1,
Mexican tariff item 8540.99.x1 from any
other tariff item.
8540.99 A change to subheading 8540.99 from any other
heading.
85.41-85.42 Note: Notwithstanding Article 410
(Transshipment), goods qualifying
under the rule below as originating
goods may undergo further
production outside the territory of
the Parties and, when imported into
the territory of a Party, will
originate in the territory of a
Party, provided that such further
production did not result in a
change to a subheading outside of
headings 85.41 and 85.42.
A change to subheadings 8541.10 through
8542.90 from any other subheading, including
another subheading within that group.
8543.10-8543.30 A change to subheadings 8543.10 through
8543.30 from any other heading; or
A change to subheadings 8543.10 through
8543.30 from subheading 8543.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8543.80
8543.80.a1 A change to Canadian tariff item
8543.80.a1, U.S. tariff item 8543.80.h1,
Mexican tariff item 8543.80.x1 from any
other subheading, except from subheading
8504.40 or Canadian tariff item
8543.90.a1, U.S. tariff item
8543.90.h1, Mexican tariff item
8543.90.x1; or
A change to Canadian tariff item 8543.80.a1,
U.S. tariff item 8543.80.h1, Mexican tariff
item 8543.80.x1 from any of subheading
8504.40 or Canadian tariff item 8543.90.a1,
U.S. tariff item 8543.90.h1, Mexican tariff
item 8543.90.x1, whether or not there is also
a change from any other subheading, provided
there is a regional value content of not less
than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8543.80 A change to subheading 8543.80 from any other
heading; or
A change to subheading 8543.80 from
subheading 8543.90, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8543.90 A change to subheading 8543.90 from any other
heading.
8544.11-8544.60 A change to subheadings 8544.11 through
8544.60 from any other subheading,
except from heading 74.08, 74.13, 76.05
or 76.14; or
A change to subheadings 8544.11 through
8544.60 from any of headings 74.08, 74.13,
76.05 or 76.14, whether or not there is also
a change from any other subheading, provided
there is also a regional value content of not
less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
8544.70 A change to subheading 8544.70 from any other
subheading, except from heading 90.01 or
70.02; or
A change to subheading 8544.70 from any of
headings 90.01 or 70.02, whether or not there
is also a change from any other subheading,
provided there is a regional value content of
not less than:
a) 60% where the transaction value
method is used; or
b) 50% where the net cost method is
used.
85.45-85.48 A change to headings 85.45 through 85.48
from any other heading, including
another heading within that group.
Annex 00 SECTION XVII Vehicles, Aircraft, Vessels and Associated Transport Equipment
(Ch. 86-89)
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
86.01-86.06 A change to headings 86.01 through 86.06
from any other heading, including
another heading within that group,
except from heading 86.07; or
A change to headings 86.01 through 86.06 from
heading 86.07, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
8607.11-8607.12 A change to subheadings 8607.11 through
8607.12 from any other heading.
8607.19
8607.19.11 A change to Canadian tariff item
8607.19.11, U.S. tariff item 8607.19.12,
Mexican tariff item 8607.19.02 or
8607.19.06 from any other heading; or
A change to Canadian tariff item 8607.19.11,
U.S. tariff item 8607.19.12, Mexican tariff
item 8607.19.02 or 8607.19.06 from Canadian
tariff item 8607.19.14, U.S. tariff item
8607.19.16, Mexican tariff item 8607.19.99,
whether or not there is also a change from
any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
8607.19.12 A change to Canadian tariff item
8607.19.12, U.S. tariff item 8607.19.22,
Mexican tariff item 8607.19.03 from any
other heading; or
A change to Canadian tariff item 8607.19.12,
U.S. tariff item 8607.19.22, Mexican tariff
item 8607.19.03 from Canadian tariff item
8607.19.14, U.S. tariff item 8607.19.26,
Mexican tariff item 8607.19.99, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
8607.19 A change to subheading 8607.19 from any other
heading.
8607.21-8607.30 A change to subheadings 8607.21 through
8607.30 from any other heading.
8607.91-8607.99 A change to subheadings 8607.91 through
8607.99 from any other heading.
86.08-86.09 A change to headings 86.08 through 86.09
from any other heading, including
another heading within that group.
Chapter 87 Vehicles Other Than Railway or Tramway
Rolling-Stock, and Parts and Accessories
Thereof
87.01 A change to heading 87.01 from any other
heading, provided there is a regional
value content of not less than 50% under
the net cost method.
87.02
8702.10.a1 A change to tariff item 8702.10.a1 from
any other heading, provided there is a
regional value content of not less than
50% under the net cost method.
8702.10.a2 A change to tariff item 8702.10.a2 from
any other heading, provided there is a
regional value content of not less than
50% under the net cost method.
8702.90.a1 A change to tariff item 8702.90.a1 from
any other heading, provided there is a
regional value content of not less than
50% under the net cost method.
8702.90.a2 A change to tariff item 8702.90.a2 from
any other heading, provided there is a
regional value content of not less than
50% under the net cost method.
8703.10 A change to subheading 8703.10 from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
8703.21-8703.90 A change to subheadings 8703.21 through
8703.90 from any other heading, provided
there is a regional value content of not
less than 50% under the net cost method.
8704.10 A change to subheading 8704.10 from any other
heading, provided there is a regional value
content of not less than 50% under the net
cost method.
8704.21 A change to subheading 8704.21 from any other
heading, provided there is a regional value
content of not less than 50% under the net
cost method.
8704.22-8407.23 A change to subheadings 8704.22 through
8704.23 from any other heading, provided
there is a regional value content of not
less than 50% under the net cost method.
8704.31 A change to subheading 8704.31 from any other
heading, provided there is a regional value
content of not less than 50% under the net
cost method.
8704.32-8407.90 A change to subheadings 8704.32 through
8704.90 from any other heading, provided
there is a regional value content of not
less than 50% under the net cost method.
87.05 A change to heading 87.05 from any other
heading, provided there is a regional
value content of not less than 50% under
the net cost method.
87.06
8706.00.a1 A change to subheading 8706.00.a1 from
any other chapter, provided there is a
regional value content of not less than
50% under the net cost method.
8706.00.a2 A change to subheading 8706.00.a2 from
any other chapter, provided there is a
regional value content of not less than
50% under the net cost method.
87.07 A change to heading 87.07 from any other
chapter; or
A change to heading 87.07 from heading 87.08,
whether or not there is also a change from
any other chapter, provided there is a
regional value content of not less than 50%
under the net cost method.
8708.10 A change to subheading 8708.10 from any other
heading; or
A change to subheading 8707.10 from
subheading 8708.99, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than 50% under the net cost method.
8708.21 A change to subheading 8708.21 from any other
heading; or
A change to subheading 8708.21 from
subheading 8708.99, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than 50% under the net cost method.
8708.29 A change to subheading 8708.29 from any other
heading; or
A change to subheading 8708.29 from within
subheading 8708.29 or from subheading
8708.99, whether or not there is also a
change from any other heading, provided there
is a regional value content of not less than
50% under the net cost method.
8708.31 A change to subheading 8708.31 from any other
heading; or
A change to subheading 8708.31 from any of
subheadings 8708.39 or 8708.99, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than 50% under the net
cost method.
8708.39 A change to subheading 8708.39 from any other
heading; or
A change to subheading 8708.39 from any of
subheadings 8708.31 or 8708.99, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than 50% under the net
cost method.
8708.40 A change to subheading 8708.40 from any other
heading; or
A change to subheading 8708.40 from
subheading 8708.99, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than 50% under the net cost method.
8708.50
8708.50.a1 A change to Canadian tariff item
8708.50.a1, U.S. tariff item 8708.50.50,
Mexican tariff item 8708.50.x1 from any
other heading, except from subheadings
8482.10 through 8482.80; or
A change to Canadian tariff item 8708.50.a1,
U.S. tariff item 8708.50.50, Mexican tariff
item 8708.50.x1 from any of subheadings
8482.10 through 8482.80 or 8708.99, whether
or not there is also a change from any other
heading, provided there is a regional value
content of not less than 50% under the net
cost method.
8708.50 A change to subheading 8708.50 from any
other heading; or
A change to subheading 8708.50 from
subheading 8708.99, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than 50% under the net cost method.
8708.60
8708.60.a1 A change to Canadian tariff item
8708.60.a1, U.S. tariff item 8708.60.h1,
Mexican tariff item 8708.60.x1 from any
other heading, except from subheadings
8482.10 through 8482.80; or
A change to Canadian tariff item 8708.60.a1,
U.S. tariff item 8708.60.h1, Mexican tariff
item 8708.60.x1 from any of subheadings
8482.10 through 8482.80 or 8708.99, whether
or not there is also a change from any other
heading, provided there is a regional value
content of not less than 50% under the net
cost method.
8708.60 A change to subheading 8708.60 from any other
heading; or
A change to subheading 8708.60 from
subheading 8708.99, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than 50% under the net cost method.
8708.70 A change to subheading 8708.70 from any other
heading; or
A change to subheading 8708.70 from
subheading 8708.99, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than 50% under the net cost method.
8708.80
8708.80.a1 A change to Canadian tariff item
8708.80.a1, U.S. tariff item 8708.80.h1,
Mexican tariff item 8708.80.x1 from any
other subheading, provided there is a
regional value content of not less than
50% under the net cost method.
8708.80 A change to subheading 8708.80 from any other
heading; or
A change to subheading 8708.80 from
subheading 8708.99, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than 50% of the net cost method.
8708.91 A change to subheading 8708.91 from any other
heading; or
A change to subheading 8708.91 from
subheading 8708.99, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than 50% of the net cost method.
8708.92 A change to subheading 8708.92 from any other
heading; or
A change to subheading 8708.92 from
subheading 8708.99, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than 50% under the net cost method.
8708.93 A change to subheading 8708.93 from any other
heading; or
A change to subheading 8708.93 from
subheading 8708.99, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than 50% under the net cost method.
8708.94 A change to subheading 8708.94 from any other
heading; or
A change to subheading 8708.94 from
subheading 8708.99, whether or not there is
also a change from any other heading,
provided there is a regional value content of
not less than 50% under the net cost method.
8708.99
8708.99.a1 A change to Canadian tariff item
8708.99.a1, U.S. tariff item 8708.99.40,
Mexican tariff item 8708.99.x1 from any
other subheading, provided there is a
regional value content of not less than
50% under the net cost method.
8708.99.a2 A change to Canadian tariff item
8708.99.a2, U.S. tariff item 8708.99.h2,
Mexican tariff item 8708.99.x2 from any
other heading, except from subheadings
8482.10 through 8482.80 or Canadian
tariff item 8482.99.a1, U.S. tariff
item 8482.99.h1, Mexican tariff item
8482.99.x1; or
A change to Canadian tariff item 8708.99.a2,
U.S. tariff item 8708.99.h2, Mexican tariff
item 8708.99.x2 from any other tariff item,
whether or not there is also a change from
any other heading, provided there is a
regional value content of not less than 50%
under the net cost method.
8708.99 A change to subheading 8708.99 from any other
heading; or
A change to subheading 8708.99 from within
subheading 8708.99, whether or not there
is also a change from any other heading,
provided there is a regional value content
of not less than 50% under the net cost
method.
8709.11-8709.19 A change to subheadings 8709.11 through
8709.29 from any other heading; or
A change to subheadings 8709.11 through
8709.19 from subheading 8709.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
8709.90 A change to subheading 8709.90 from any other
heading.
87.10 A change to heading 87.10 from any other
heading.
87.11 A change to heading 87.11 from any other
heading, except from heading 87.14; or
A change to heading 87.11 from heading 87.14,
whether or not there is also a change from
any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
87.12 A change to heading 87.12 from any other
heading, except from heading 87.14; or
A change to heading 87.12 from heading 87.14,
whether or not there is also a change from
any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
87.13 A change to heading 87.13 from any other
heading, except from heading 87.14; or
A change to heading 87.13 from heading 87.14,
whether or not there is also a change from
any other heading, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
87.14 A change to heading 87.14 from any other
heading.
87.15 A change to heading 87.15 from any other
heading.
8716.10-8716.80 A change to subheadings 8716.10 through
8716.80 from any other heading; or
A change to subheadings 8716.10 through
8716.80 from subheading 8716.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
8716.90 A change to subheading 8716.90 from any other
heading.
Chapter 88 Aircraft, Spacecraft, and Parts Thereof
8801.10-8803.90 A change to subheadings 8801.10 through
8803.90 from any other subheading,
including another subheading within that
group.
88.04-88.05 A change to headings 88.04 through 88.05
from any other heading, including another
heading within that group.
Chapter 89 Ships, Boats and Floating Structures
89.01-89.02 A change to headings 89.01 through 89.02
from any other chapter; or
A change to headings 89.01 through 89.02 from
any other heading within Chapter 89,
including another heading within that group,
whether or not there is also a change from
any other chapter, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
89.03 A change to heading 89.03 from any other
heading, provided there is a regional
value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
89.04-89.05 A change to headings 89.04 through 89.05
from any other chapter; or
A change to headings 89.04 through 89.05 from
any other heading within Chapter 89,
including another heading within that group,
whether or not there is also a change from
any other chapter, provided there is a
regional value content of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
89.06-89.08 A change to headings 89.06 through 89.08
from any other heading, including another
heading within that group.
Annex 00 SECTION XVIII Optical, Photographic, Cinematographic, Measuring, Checking,
Precision, Medical or Surgical Instruments and Apparatus; Clocks
and Watches; Musical Instruments; Parts and Accessories Thereof
(Ch. 90-92)
Chapter 90 Optical, Photographic, Cinematographic,
Measuring, Checking, Precision, Medical or
Surgical Instruments and Apparatus; Parts
and Accessories Thereof
Note 1: For purposes of this Chapter, the term,
"printed circuit assembly", means a
printed circuit of heading 85.34 with one
or more active elements assembled thereon,
with or without passive elements. For
purposes of this Note, "active elements"
means diodes, transistors and other
semiconductor devices, whether or not
photosensitive, of heading 85.41, and
integrated circuits and microassemblies of
heading 85.42.
Note 2: The origin of the goods of Chapter 90
shall be determined without regard to the
origin of any automatic data processing
machines or units thereof of heading
84.71, or parts and accessories thereof of
heading 84.73, which may be included
therewith.
Note X: Canadian tariff item 9009.90.a1, U.S.
tariff item 9009.90.h1, Mexican tariff
item 9009.90.x1 covers the following parts
of photo-copying apparatus:
(1) Imaging assemblies for the machines of
subheading 9009.12, incorporating at
least two of the following:
photoreceptor belt or cylinder; toner
receptacle unit; toner distribution
unit; developer receptacle unit;
developer distribution unit;
charge/discharge unit; cleaning unit;
(2) Optics assemblies for machines of
subheading 9009.12, incorporating at
least two of the following: lens;
mirror; illumination source; document
exposure glass;
(3) User control assemblies for machines of
subheading 9009.12, incorporating at
least two of the following: printed
circuit assembly; power supply; user
input keyboard; wiring harness; display
unit (cathode ray type or flat panel);
(4) Image fixing assemblies for machines of
subheading 9009.12, incorporating at
least two of the following: fuser;
pressure roller; heating element;
release oil dispenser; cleaning unit;
electrical control; and
(5) Combinations of the above specified
assemblies.
9001.10 A change to subheading 9001.10 from any other
chapter, except from heading 70.02; or
A change to subheading 9001.10 from heading
70.02, whether or not there is also a change
from any other chapter, provided there is a
regional value content percentage of not less
than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9001.20-9002.90 A change to subheadings 9001.20 through
9002.90 from any other heading, including
another heading within that group.
9003.11-9003.19 A change to subheadings 9003.11 through
9003.19 from any other heading; or
A change to subheadings 9003.11 through
9003.19 from subheading 9003.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content percentage of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9003.90 A change to subheading 9003.90 from any other
heading.
90.04 A change to heading 90.04 from any other
chapter; or
A change to heading 90.04 from within Chapter
90, whether or not there is also a change
from any other chapter, provided there is a
regional value content percentage of not less
than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9005.10-9005.80 A change to subheadings 9005.10 through
9005.80 from any other subheading, except
from headings 90.01 through 90.02.
9005.90 A change to subheading 9005.90 from any other
heading.
9006.10-9006.69 A change to subheadings 9006.10 through
9006.69 from any other heading; or
A change to subheadings 9006.10 through
9006.69 from any of subheadings 9006.91 or
9006.99, whether or not there is also a
change from any other heading, provided there
is a regional value content percentage of not
less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9006.91-9006.99 A change to subheadings 9006.91 through
9006.99 from any other heading.
9007.11 A change to subheading 9007.11 from any other
heading; or
A change to subheading 9007.11 from
subheading 9007.91, whether or not there is
also a change from any other heading,
provided there is a regional value content
percentage of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9007.19
9007.19.a1 A change to Canadian tariff item
9007.19.a1, U.S. tariff item 9007.19.h1,
Mexican tariff item 9007.19.x1 from any
other tariff item.
9007.19 A change to subheading 9007.19 from any other
heading; or
A change to subheading 9007.19 from
subheading 9007.91, whether or not there is
also a change from any other heading,
provided there is a regional value content
percentage of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9007.21-9007.29 A change to subheadings 9007.21 through
9007.29 from any other heading; or
A change to subheadings 9007.21 through
9007.29 from subheading 9007.92, whether or
not there is also a change from any other
heading, provided there is a regional value
content percentage of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9007.91 A change to subheading 9007.91 from any other
heading.
9007.92 A change to subheading 9007.92 from any other
heading; or
A change to subheading 9007.92 from within
subheading 9007.92, whether or not there is
also a change from any other heading,
provided there is a regional value content
percentage of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9008.10-9008.40 A change to subheadings 9008.10 through
9008.40 from any other heading; or
A change to subheadings 9008.10 through
9008.40 from subheading 9008.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content percentage of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9008.90 A change to subheading 9008.90 from any other
heading.
9009.11 A change to subheading 9009.11 from any other
subheading.
9009.12 A change to subheading 9009.12 from any other
tariff item, except from Canadian tariff item
9009.90.a1.
9009.21-9009.30 A change to subheadings 9009.21 through
9009.30 from any other subheading,
including another subheading within that
group.
9009.90
9009.90.a1 A change to Canadian tariff item
9009.90.a1, U.S. tariff item 9009.90.h1,
Mexican tariff item 9009.90.x1 from
Canadian tariff item 9009.90.a2, U.S.
tariff item 9009.90.h2, Mexican tariff
item 9009.90.x2 or from any other heading,
provided that at least one of the
components of such assembly named in the
Legal Note is originating.
9009.90 A change to subheading 9009.90 from any other
heading.
9010.10-9010.30 A change to subheadings 9010.10 through
9010.30 from any other heading; or
A change to subheadings 9010.10 through
9010.30 from subheading 9010.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content percentage of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9010.90 A change to subheading 9010.90 from any other
heading.
9011.10-9011.80 A change to subheadings 9011.10 through
9011.80 from any other heading; or
A change to subheadings 9011.10 through
9011.80 from subheading 9011.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content percentage of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9011.90 A change to subheading 9011.90 from any other
heading.
9012.10 A change to subheading 9012.10 from any other
heading; or
A change to subheading 9012.10 from
subheading 9012.90, whether or not there is
also a change from any other heading,
provided there is a regional value content
percentage of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9012.90 A change to subheading 9012.90 from any other
heading.
9013.10-9013.80 A change to subheadings 9013.10 through
9013.80 from any other heading; or
A change to subheadings 9013.10 through
9013.80 from subheading 9013.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content percentage of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9013.90 A change to subheading 9013.90 from any other
heading.
9014.10-9014.80 A change to subheadings 9014.10 through
9014.80 from any other heading; or
A change to subheadings 9014.10 through
9014.80 from subheading 9014.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content percentage of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9014.90 A change to subheading 9014.90 from any other
heading.
9015.10-9015.80 A change to subheadings 9015.10 through
9015.80 from any other heading; or
A change to subheadings 9015.10 through
9015.80 from subheading 9015.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content percentage of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9015.90 A change to subheading 9015.90 from any other
heading; or
A change to subheading 9015.90 from within
subheading 9015.90, whether or not there is
also a change from any other heading,
provided there is a regional value content
percentage of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
90.16 A change to heading 90.16 from any other
heading.
9017.10-9017.80 A change to subheadings 9017.10 through
9017.80 from any other heading; or
A change to subheadings 9017.10 through
9017.80 from subheading 9017.90, whether or
not there is also a change from any other
heading, provided there is a regional value
content percentage of not less than:
a) 60% where the transaction value
method is used, or
b) 50% where the net cost method is
used.
9017.90 A change to subheading 9017.90 from any other
heading.
9018.11
9018.11.a1 A change to Canadian tariff item
9018.11.a1, U.S. tariff item 9018.11.h1,
Mexican tariff item 9018.11.x1 from any
other tariff item, except from Canadian
tariff item 9018.11.a2, U.S tariff
item 9018.11 h2, Mexican tariff item
9018.11.x2.
9018.11 A change to subheading 9018.11 from any other
heading.
9018.19
9018.19.a1 A change to Canadian tariff item
9018.19.a1, U.S. tariff item 9018.19.h1,
Mexican tariff item 9018.19.x1 from any
other tariff item, except from Canadian
tariff item 9018.19.a2, U.S tariff
item 9018.19.h2, Mexican tariff item
9018.19.x2.
