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Nafta article 401 Form: What You Should Know

Section B — Application of Article 401. Section C — Meaning of “origin” for Articles 401 A(1) and 401 A(2). [Note: Article 401 states that originating goods shall be treated as originating in the territory of Canada even if the source of the goods is located in the territory of a Party. There is no other explicit provision for such origin treatment of agricultural and horticultural goods in trade agreements. There is a potential conflict of interpretations whether this requirement is inconsistent with Canadian consumer protection law, but it is up to the United States to interpret what it requires.] Annex 401 — Rules of Origin — U.S. Department of Commerce Article 401: Products derived from seeds or plant material, Agricultural and horticultural goods; originating in Canada, Mexico or United States, “Origin” will be determined under this Annex: 1. Seeds: Seeds, plant material, and parts of plants or any animal which are of a species indigenous or introduced at a party of such nature or quality as to be ordinarily intended for the production thereof; 2. Raw materials used in such seeds, plant material or animal; 3. Finished crops, livestock or poultry products derived from such seeds, plant material or animal. (No specific reference in the Agreement as to the manner or method of application of this provision should be construed as a departure from its ordinary meaning or as indicating a departure from the spirit of the Agreement; it should be understood that such origin treatment is intended to apply not only to individual articles of such type but to the general product as a whole.) [Note: Article 401(2) has been clarified since its original introduction in 1994 and was added to the NAFTA in 2012. Some interpretive discussion can be found in the Department of Agriculture's Interpretation Note, Article 401, Article 401(2), U.S. Department of Commerce, October 6, 2017.] Annex 401 — Rules of Origin — USDA.gov Chapter 18 — Supplies             18.1 (a) Where the Parties require the dispatch of cargo in accordance with this Agreement, the United States will supply:             (2) The Parties may not determine the destination for a covered good according to its origin or the location from which it was imported. (B)             18.

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