Definition of Packing, Packaging and Indirect Material
Packaging materials and
containers means materials and
containers in which a good is packaged for retail sale
Packing materials and containers means materials and containers that are used to protect a
good during transportation, but does not include packaging materials and
containers;
Indirect material means a good used in the production, testing
or inspection of a good but not physically incorporated into the good, or a
good used in the maintenance of buildings or the operation of equipment
associated with the production of a good, and includes
a) fuel and energy,b) tools, dies and moulds,c) spare parts and materials used in the maintenance of equipment and buildings,d) lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings,e) gloves, glasses, footwear, clothing, safety equipment and supplies,f) equipment, devices and supplies used for testing or inspecting the other goods,g) catalysts and solvents, andh) any other goods that are not incorporated into the good but the use of which in the production of the good can reasonably be demonstrated to be part of that production;
Packing, packaging and indirect materials Treatment
NAFTA:
Article 4.09: Packaging Materials and Containers
for Retail Sale
- Packaging materials and containers in which a good is packed for retail sale shall, if classified with the good, be disregarded in determining whether all the non-originating materials used in the production of the good undergo the applicable change in tariff classification set out in Annex 401, and,
- If the good is
subject to a regional value content requirement, the value of such
packaging materials and containers shall be taken into account as
originating or non-originating materials, as the case may be, in
calculating the regional value content of the good.
Article 4.10: Packing Materials and Containers
for Shipment
- Packing materials and containers in which a good is packed for shipment shall be disregarded in determining whether the non-originating materials used in the production of the good undergo an applicable change in tariff classification set out in Annex 401; and
- the good satisfies a regional value content requirement.
Article 4.08: Indirect Materials
For purposes of determining whether a good is an
originating good, an indirect material that is used in the production of the
good
·
shall be considered to be
an originating material, regardless of where that indirect
material is produced; and
·
if the good is subject to a
regional value-content requirement, for purposes of calculating the net cost
under the net cost method, the value of the indirect material shall be the
costs of that material that are recorded on the books of the producer of the
good.
US Australia Free Trade
ARTICLE 5.8: PACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE
·
Packaging materials and containers in which a
good is packaged for retail sale, if classified with the good, shall be disregarded in determining whether all
the non-originating materials used in the production of the good undergo the
applicable change in tariff
classification set out in Annex 5-A or Annex 4-A, and,
·
if the good is subject to a regional value
content requirement, the value of such packaging materials and containers shall
be taken into account as originating
or non-originating materials, as the case may be, in calculating the regional
value content of the good
ARTICLE 5.9: PACKING MATERIALS AND CONTAINERS FOR SHIPMENT
Packing materials and containers for shipment shall be disregarded in determining whether:
·
the non-originating materials used in the
production of the good undergo the applicable change in tariff classification
set out in Annex 5-A or Annex 4-A; and
·
the good satisfies a regional value content
requirement.
ARTICLE 5.10: INDIRECT MATERIALS
Indirect material shall be treated as an originating material without regard to
where it is produced and its value shall be the cost registered in the
accounting records of the producer of the good.
U.S. Chile Free Trade
Article 4.8: Indirect Materials
Indirect material shall be considered to be an originating material without regard to
where it is produced.
Article 4.9: Packaging Materials and Containers for Retail Sale
·
Packaging materials and containers in which a
good is packaged for retail sale, if classified with the good, shall be disregarded in determining whether all
non-originating materials used in the production of the good undergo the
applicable change in tariff
classification set out in Annex 4.1, and,
·
If the good is subject to a regional value
content requirement, the value of such packaging materials and containers shall
be taken into account as originating
or non-originating materials, as the case may be, in calculating the regional
value content of the good.
Article 4.10: Packing Materials and Containers for Shipment
Packing materials and containers for shipment shall be disregarded in determining whether:
·
the non-originating materials used in the
production of the good undergo an applicable change in tariff classification
set out in Annex 4.1; and
·
the good satisfies a regional value content
requirement.
CAFTA-DR (Dominican Republic-Central America
FTA)
Article 4.9: Packaging Materials and Containers for Retail Sale
·
Packaging materials and containers in which a
good is packaged for retail sale shall, if classified with the good, be disregarded in determining whether all
the non-originating materials used in the production of the good undergo the
applicable change in tariff
classification set out in Annex 4.1 and,
·
If the good is subject to a regional value
content requirement, the value of such packaging materials and containers shall
be taken into account as originating
or non-originating materials, as the case may be, in calculating the regional
value content of the good.
Article 4.10: Packing Materials and Containers for Shipment
Packing materials and containers for shipment shall be disregarded in determining whether a
good is originating.
Article 4.11: Indirect Materials Used in Production
Indirect material shall be considered to be an originating material without regard to
where it is produced.
U.S. Colombia Free Trade
Article 4.10: Packaging Materials and Containers for Retail Sale
·
Packaging materials and containers in which a
good is packaged for retail sale shall, if classified with the good, be disregarded in determining whether all
the non-originating materials used in the production of the good undergo the
applicable change in tariff classification set out in Annex 4.1 or Annex 3-A
(Textile and Apparel Specific Rules of Origin).
·
If a good is subject to a regional value content
requirement, the value of packaging materials and containers shall be taken
into account as originating or non-originating materials, as the case may be,
in calculating the regional value content of the good.
Article 4.11: Packing Materials and Containers for Shipment
Packing materials and containers for shipment shall be disregarded in determining whether a
good is originating.
Article 4.12: Indirect Materials Used in Production
Indirect material shall be considered to be an originating material without regard to
where it is produced.
U.S. - Korea Free Trade Agreement
ARTICLE 6.10: PACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE
·
Each Party shall provide that packaging
materials and containers in which a good is packaged for retail sale shall, if
classified with the good, be disregarded
in determining whether all the non-originating materials used in the production
of the good undergo the applicable change
in tariff classification set out in Annex 4-A (Specific Rules of Origin for
Textile or Apparel Goods) or Annex 6-A. 2.
·
If a good is subject to a regional value content
requirement, the value of packaging materials and containers described in
paragraph 1 shall be taken into account as originating or non-originating
materials, as the case may be, in calculating the regional value content of the
good.
ARTICLE 6.11: PACKING MATERIALS AND CONTAINERS FOR SHIPMENT
Packing materials and containers for shipment shall be disregarded in determining whether a
good is originating.
ARTICLE 6.12: INDIRECT MATERIALS
Indirect material
shall be disregarded for the purpose
of determining whether a good is originating pursuant to subparagraphs (a),
(b)(i), and (c) of Article 6.1.
U.S. – Morocco Free Trade
ARTICLE 5.7: PACKAGING AND PACKING MATERIALS AND CONTAINERS FOR RETAIL SALE
AND FOR SHIPMENT
Packaging and packing materials and containers for retail
sale and for shipment shall be disregarded
in determining whether the good qualifies as an originating good, except to the
extent that the value of such packaging and packing materials and containers
may be counted toward satisfying the 35 percent value-content requirement
specified in Article 5.1(b), where applicable.
ARTICLE 5.8: INDIRECT MATERIALS
Indirect materials shall be disregarded in determining
whether the good qualifies as an originating
good, except that the cost of such indirect materials may be counted toward
satisfying the 35 percent value-content requirement where applicable.
U.S. – Panama Free Trade
Article 4.9: Packaging Materials and Containers for Retail Sale
·
Packaging materials and containers in which a
good is packaged for retail sale shall, if classified with the good, be disregarded in determining whether all
the non-originating materials used in the production of the good undergo the
applicable change in tariff
classification set out in Annex 4.1 and,
·
If the good is subject to a regional value
content requirement, the value of such packaging materials and containers shall
be taken into account as originating
or non-originating materials, as the case may be, in calculating the regional
value content of the good.
Article 4.10: Packing Materials and Containers for Shipment
Packing materials and containers for shipment shall be disregarded in determining whether a
good is originating.
Article 4.11: Indirect Materials Used in Production
Indirect material
shall be considered to be an originating
material without regard to where it is produced.
U.S. – Peru Free Trade
Article 4.10: Packaging Materials and Containers for Retail Sale
·
Packaging materials and containers in which a
good is packaged for retail sale shall, if classified with the good, be disregarded in determining whether all
the non-originating materials used in the production of the good undergo the
applicable change in tariff
classification set out in Annex 4.1 or Annex 3-A (Textile and Apparel
Specific Rules of Origin).
·
If a good is subject to a regional value content
requirement, the value of packaging materials and containers shall be taken into account as originating or
non-originating materials, as the case may be, in calculating the regional
value content of the good.
Article 4.11: Packing Materials and Containers for Shipment
Packing materials and containers for shipment shall be disregarded in determining whether a
good is originating.
Article 4.12: Indirect Materials Used in Production
Indirect material shall be considered to be an originating material without regard to
where it is produced.
U.S. – Singapore Free Trade
ARTICLE 3.9: PACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE\
·
Packaging materials and containers in which a
good is packaged for retail sale, if classified with the good, shall be disregarded in determining whether all
the non-originating materials used in the production of the good undergo the
applicable change in tariff classification set out in Annex 3A and,
·
If the good is subject to a regional
value-content requirement, the value of such packaging materials and containers
shall be taken into account as
originating or non-originating materials, as the case may be, in calculating
the regional value content of the good.
ARTICLE 3.10: PACKING MATERIALS AND CONTAINERS FOR SHIPMENT
Packing materials and containers in which a good is packed
for shipment shall be disregarded in
determining whether: (a) the non-originating materials used in the production
of the good undergo an applicable change in tariff classification set out in
Annex 3A; and (b) the good satisfies a regional value content requirement.
ARTICLE 3.11: INDIRECT MATERIALS
Indirect material shall be treated as an originating material without regard to
where it is produced and its value shall be the cost registered in the
accounting records of the producer of the good
Trans-Pacific Partnership
Article 3.14: Packaging Materials and Containers for Retail Sale
·
Packaging materials and containers in which a
good is packaged for retail sale, if classified with the good, are disregarded in determining whether all
the non-originating materials used in the production of the good have satisfied
the applicable process or change in
tariff classification requirement set out in Annex 3-D (Product-Specific
Rules of Origin) or whether the good is wholly obtained or produced.
·
If a good is subject to a regional value content
requirement, the value of the packaging materials and containers in which the
good is packaged for retail sale, if classified with the good, are taken into account as originating or
non-originating, as the case may be, in calculating the regional value content
of the good.
Article 3.15: Packing Materials and Containers for Shipment
Packing materials and containers for shipment are
disregarded in determining whether a good is originating.
Article 3.16: Indirect materials
Indirect material is considered to be originating without regard to where it is produced.
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