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  3. Liberalization of Certain NAFTA Rules of Origin, Track Two

Liberalization of Certain NAFTA Rules of Origin, Track Two

On November 7, 2006, the Executive Director, Trade Enforcement and Facilitation, Office of Field Operations, CBP, issued a memorandum, titled "Presidential Proclamation 8067 Liberalizing Certain North American Free Trade Agreement (NAFTA) Specific Rules of Origin (Track II)."  The content of that memorandum, with updated links and modified for web format, is as follows:

Presidential Proclamation 8067 liberalizing NAFTA rules of origin on certain goods was published in the Federal Register on October 13, 2006 ( 71 FR 60649).  This action was taken in accordance with section 202(q) of the NAFTA Implementation Act authorizing the President, subject to the consultation and layover requirements of section 103 of the same, to proclaim modifications to the rules of origin.

The modifications made by the Annex to the Proclamation shall be effective with respect to goods of Canada and Mexico that are entered, or withdrawn from warehouse for consumption, on or after July 1, 2006. Importers may avail themselves of 19 USC 1520(d) to make post-importation claims within one year of the date of importation.

The modifications affect the following goods:

cocoa; cranberry juice; ores, slag, and ash; leather; cork; prepared feathers and down, artificial flowers, and articles of human hair; glass and glassware; copper; nickel; lead; zinc/ tin; other base metals; televisions; information technology agreement goods; and control instruments

More specifically these modifications affect goods in the following headings and subheadings of the Harmonized Tariff Schedule of the United States (HTSUS):

1806.31, 1806.90, 2009.90, 2106, 2621, 4104, 4113, 4105.10, 4105.30, 4106.21, 4106.22, 4106.31, 4106.32, 4106.40, 4106.91, 4106.92, 4107, 4112, 4113, 4114, 4115.10, 4115.20, 4501, 4504, 6701, 6702, 6704, 7001, 7002, 7401, 7403, 7501, 7504, 7505, 7507.11, 7508.90, 7803, 7806, 7901, 7903, 7904, 7907, 8003, 8004, 8007, 8101.10, 8113.00, 8528.12, 8528.13, 8528.21, 8528.22, 8528.30, 8477.10, 8477.90, 8504.40, 8504.50, 8533.10, 8533.40, 8543.11, 8543.89, 8543.11, 8543.19, 8543.20, 8543.30, 8543.40, 8543.81, 8543.89, 9009.11, 9009.91, 9009.99, 9032.20, 9032.89

For a more comprehensive analysis of the commodities affected by this liberalization and the significance of the rule of origin changes, you may refer to NAFTA Investigation No. NAFTA-103-012, Probable Effect of Certain Proposed Modifications to the North American Free Trade Agreement Rules of Origin.  Additional information can be found here:

Please note that these rule of origin changes are liberalizations and do not entail further subdividing of the HTS.

Members of the trade community including producers, importers and brokers of the goods classified in the Annex to Presidential Proclamation 8067 should make themselves aware of these rule of origin changes.

Please direct questions concerning this memorandum to Mr. Seth Mazze, Trade Agreements Branch, at 202-863-6567.

Last Modified: May 31, 2017