In some cases, a good that has not undergone the required tariff change can still qualify for preferential NAFTA treatment if a regional value-content requirement is met. This NAFTA provision may only be used under two very specific circumstances. However, it may never be used for wearing apparel provided for in Chapters 61 and 62, and textile articles of Chapter 63 of the Harmonized System. The two circumstances where the provision may be used are where goods do not undergo the tariff change required by Annex 401 because:
- the goods are imported into Canada, Mexico or the United States in an unassembled or a disassembled form but are classified as assembled goods pursuant to General Rule of Interpretation 2(a) of the Harmonized System, or
Bicycle kits from Germany are assembled in Canada and sold in the NAFTA territory. The bicycles would qualify as originating goods if the regional value content requirement is met.
- the goods are produced using materials imported into a NAFTA country that are provided for as parts according to the Harmonized System, and those parts are classified in the same subheading or undivided heading as the finished goods.
A barber chair and its parts thereof classified in the Harmonized Tariff Schedule under subheading 9402.10.