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  1. Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations - SOR/94-23 (SCHEDULE III : Tariff Shift Rules)
    Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations

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    • Note: 
      In accordance with Schedule I to these Regulations, only some goods are required to be marked so as to indicate the country of origin. For the packaging and labelling of food products, the requirements of the Safe Food for Canadians Act continue to apply.

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    • Note: 
      Notwithstanding the tariff shift rules of this section, an agricultural or horticultural good grown in the territory of a country shall be treated as a good of that country even if grown from a seed, bulb, root stock, cutting, slip, graft, shoot, bud or other live part of a plant, imported from another country.

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    Chapter 22 Beverages, Spirits and Vinegar
    2208.30 – 2208.70 A change to a good of any of subheadings 2208.30 through 2208.70 from any other good of that subheading or any other subheading, including another subheading within that group, provided that the total alcoholic volume of the foreign materials of the same subheading as the good does not exceed 10 per cent of the volume of the total alcoholic strength of the good.

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    Chapter 27 Mineral Fuels, Mineral Oils and Products of Their Distillation; Bituminous Substances; Mineral Waxes

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    • Note 2: For the purposes of heading 27.10, the country of origin of a good shall be the country in which the good underwent either of the following processes:

      • [...]

      • (b) Vacuum distillation – Distillation at a pressure below atmospheric but not so low that it would be classed as molecular distillation. Vacuum distillation is useful for distilling high-boiling and heat-sensitive materials such as heavy distillates in petroleum oils to produce light to heavy vacuum gas oils and residuum. In some refineries gas oils may be further processed into lubricating oils.

    Direct blending is defined as a refinery process whereby various petroleum streams from processing units and petroleum components from holding or storage tanks combine to create a finished product, with pre-determined parameters, of heading 27.10, provided that the non-originating materials constitute no more than 25 per cent by volume of the good.

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    • Note 4: 
      A foreign material or component will not be deemed to have satisfied all applicable requirements of these tariff shift rules by reason of a change from one classification to another merely as the result of the separation of one or more individual materials or components from an artificial mixture unless the isolated material or component, itself, also underwent a chemical reaction.

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    Chapter 61 Articles of Apparel and Clothing Accessories, Knitted or Crocheted

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    • Note 2: For the purposes of this Chapter, major garment parts means integral components of a garment, but does not include parts such as collars, cuffs, waistbands, plackets, pockets, linings, paddings or accessories.

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    Chapter 62 Articles of Apparel and Clothing Accessories, Not Knitted or Crocheted

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    • Note 2: For the purposes of this Chapter, major garment parts means integral components of a garment, but does not include parts such as collars, cuffs, waistbands, plackets, pockets, linings, paddings or accessories.

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  2. Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations - SOR/94-23 (Section 2)
    Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations

    • 2 (1) For the purposes of these Regulations,

      domestic materials

      domestic materials means materials whose country of origin as determined under these Regulations is the same country as the country in which the goods are produced; (matière d’origine nationale)

      foreign materials

      foreign materials means materials whose country of origin as determined under these Regulations is not the same country as the country in which the goods are produced; (matière étrangère)

      incorporated

      incorporated means physically incorporated into goods as a result of production in respect of those goods; (incorporé)

      minor processing

      minor processing , in respect of goods, means

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      • (i) textile decorative processes incidental to the production of textile goods, other than apparel, such as edge pinking, whipping, folding and rolling, fringing and fringe knotting, piping, bordering, minor embroidery, hemstitching, embossing, dyeing and printing, or

      • (j) ornamental or finishing operations incidental to apparel assembly and designed to enhance the marketing appeal or the ease of care of the goods, such as embroidery, hemstitching and sewn appliqué work, stone or acid washing, printing and piece dyeing, preshrinking and permanent pressing, and the attachment of accessories, notions, trimmings and findings; (traitement mineur)

    • (2) For the purpose of determining the materials that impart the essential character of goods under sections 5 to 7,

      • (a) the only materials that shall be taken into consideration are those materials, including materials produced by the producer of the goods and materials that are classified under the same tariff provision as that under which the goods are classified, that are incorporated into those goods and in respect of which there is not an applicable change in tariff classification; and

      • (b) the factors to be taken into consideration are the following, namely,

        • (i) the nature of each of the materials, such as the volume, weight and value of the material,

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  3. Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations - SOR/94-23 (Section 11)
    Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations

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    • (2) For the purpose of this section, the value of materials is, at the choice of the importer of the goods,

      • (a) their value for duty, as defined in subsection 2(1) of the Customs Act, except that for the purpose of determining that value, the reference in section 55 of that Act to “in accordance with regulations made under the Currency Act” shall be read as a reference to “in accordance with subsection 3(1) of the NAFTA Rules of Origin Regulations”; or

      • (b) their value determined in accordance with Schedule VIII to the NAFTA Rules of Origin Regulations, with such modifications as the circumstances may require.

    • (3) For the purpose of this section, the value of any goods is,

      • (a) where the importer of the goods has chosen that the value of the materials incorporated into the goods be determined under paragraph (2)(a), their value for duty, as defined in subsection 2(1) of the Customs Act, except that for the purpose of determining that value, the reference in section 55 of that Act to “in accordance with regulations made under the Currency Act” shall be read as a reference to “in accordance with subsection 3(1) of the NAFTA Rules of Origin Regulations”; and

      • (b) where the importer of the goods has chosen that the value of the materials incorporated into the goods be determined under paragraph (2)(b), their value determined in accordance with Schedule VIII to the NAFTA Rules of Origin Regulations, with such modifications as the circumstances may require, as though they were a material.

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  4. Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations - SOR/94-23 (SCHEDULE I)
    Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations

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    • 1 Goods for Personal or Household Use

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      • (11) Clocks and movements, except clocks and movements for use as original equipment by motor vehicle manufacturers

    • 2 Hardware

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      • (4) Electrical measuring devices for panel mounting designed to indicate alternating or direct current microamperes, milliamperes or amperes, millivolts, volts or kilovolts and such other variables as pressure, resistance and temperature that may be translated into alternating or direct current or voltage

    • 3 Novelties and Sporting Goods

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      • (5) Enamelled emblems and silver-plated or sterling silver bracelets, brooches, pins and spoons, all designed as souvenirs of Canada, its provinces, territories, cities, towns or other geographical locations

    • 4 Paper Products

      • (1) Boxes and cartons, empty folding or set up, made of paper, paper board, plain or corrugated fibre or fibre board, for use as shipping containers

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  5. Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations - SOR/94-23 (Section 6)
    Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations

    6 Where the country or countries of origin of goods cannot be determined under section 4 or 5 and the goods are described in the schedule to the Act as a set or mixture, or are classified as a set or mixture or as composite goods pursuant to Rule 3 of the General Rules, the country or countries of origin of the goods shall be the country or countries of origin of all the materials that merit equal consideration as imparting the essential character of the goods.

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