Disclaimer
The North American Free Trade Agreement (NAFTA) terminated on June 30, 2020 and was replaced on July 1, 2020 by the United Sates – Mexico – Canada Agreement (USMCA). This NAFTA webpage is being provided for informational purposes only.
Packing materials and containers in which goods are packed for shipment are disregarded in determining whether the non-originating materials used in the production of the goods undergo an applicable change in tariff classification set out in Annex 401. They are also disregarded in determining whether the goods satisfy a regional value-content requirement.
Company X makes chairs (HTS 9401.69) in Mexico from Swedish furniture parts (HTS 9401.90). Company Y of Canada buys chairs from Company X for C$10.90; this price includes C$0.90 for Guatemalan crates used to hold each chair during international transit. The Annex 401 origin criterion for HTS 9401.69 is:
- A change to subheading 9401.10 through 9401.80 from any other chapter; or
- A change to subheading 9401.10 through 9401.80 from subheading 9401.90, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than:
- 60 percent where the transaction value method is used, or
- 50 percent where the net cost method is used.
The value of the Swedish parts is C$4.10. Under the transaction value method, the regional value content is:
10.00 - 4.10 x 100 = 59%
10.00
The chair does not originate because it does not have a minimum regional value content of 60 percent. Note that the packing and shipping costs ($0.90) were deducted from the transaction value prior to calculating the regional value content.