PART TWO: TRADE IN GOODS
Chapter Three: National Treatment and
Market Access for Goods
Article 300: Scope and Coverage
This
Chapter applies to trade in goods of a Party, including:
a) goods covered by Annex
300-A (Trade and Investment in the Automotive Sector),
b) goods covered by Annex
300-B (Textile and Apparel Goods), and
c) goods covered by another
Chapter in this Part, except as provided in such Annex or Chapter.
Section A -
National Treatment
Article 301: National Treatment
1.
Each Party shall accord national treatment to the goods of another Party in
accordance with Article III of the General Agreement on Tariffs and Trade
(GATT), including its interpretative notes, and to this end Article III of the
GATT and its interpretative notes, or any equivalent provision of a successor
agreement to which all Parties are party, are incorporated into and made part
of this Agreement.
2.
The provisions of paragraph 1 regarding national treatment shall mean, with
respect to a state or province, treatment no less favorable than the most
favorable treatment accorded by such state or province to any like, directly
competitive or substitutable goods, as the case may be, of the Party of which
it forms a part.
3.
Paragraphs 1 and 2 do not apply to the measures set out in Annex 301.3.
Section B - Tariffs
Article 302: Tariff Elimination
1.
Except as otherwise provided in this Agreement, no Party may increase any
existing customs duty, or adopt any customs duty, on an originating good.
2.
Except as otherwise provided in this Agreement, each Party shall progressively
eliminate its customs duties on originating goods in accordance with its
Schedule to Annex 302.2.
3.
On the request of any Party, the Parties shall consult to consider accelerating
the elimination of customs duties set out in their Schedules. An agreement
between two or more Parties to accelerate the elimination of a customs duty on
a good shall supersede any duty rate or staging category determined pursuant to
their Schedules for such good when approved by each such Party in accordance
with its applicable legal procedures.
4.
Each Party may adopt or maintain import measures to allocate in-quota imports
made pursuant to a tariff rate quota set out in Annex 302.2, provided that such
measures do not have trade restrictive effects on imports additional to those
caused by the imposition of the tariff rate quota.
5.
On written request of any Party, a Party applying or intending to apply
measures pursuant to paragraph 4 shall consult to review the administration of
those measures.
Article 303: Restriction on Drawback and Duty Deferral
Programs
1.
Except as otherwise provided in this Article, no Party may refund the amount of
customs duties paid, or waive or reduce the amount of customs duties owed, on a
good imported into its territory, on condition that the good is:
a) subsequently exported to
the territory of another Party,
b) used as a material in the
production of another good that is subsequently exported to the territory of
another Party, or
c) substituted by an identical or similar good used as
a material in the production of another good that is subsequently exported to
the territory of another Party, in an amount that exceeds the lesser of the
total amount of customs duties paid or owed on the good on importation into its
territory and the total amount of customs duties paid to another Party on the
good that has been subsequently exported to the territory of that other Party.
2.
No Party may, on condition of export, refund, waive or reduce:
a) an antidumping or countervailing duty that is
applied pursuant to a Party's domestic law and that is not applied
inconsistently with Chapter Nineteen (Review and Dispute Settlement in
Antidumping and Countervailing Duty Matters);
b) a premium offered or collected on an imported good
arising out of any tendering system in respect of the administration of
quantitative import restrictions, tariff rate quotas or tariff preference
levels;
c) a fee applied pursuant to section 22 of the U.S.
Agricultural Adjustment Act, subject to Chapter Seven (Agriculture and Sanitary
and Phytosanitary Measures); or
d) customs duties paid or
owed on a good imported into its territory and substituted by an identical or
similar good that is subsequently exported to the territory of another Party.
3.
Where a good is imported into the territory of a Party pursuant to a duty
deferral program and is subsequently exported to the territory of another
Party, or is used as a material in the production of another good that is
subsequently exported to the territory of another Party, or is substituted by
an identical or similar good used as a material in the production of another
good that is subsequently exported to the territory of another Party, the Party
from whose territory the good is exported:
a) shall assess the customs
duties as if the exported good had been withdrawn for domestic consumption; and
b) may waive or reduce such
customs duties to the extent permitted under paragraph 1.
4.
In determining the amount of customs duties that may be refunded, waived or
reduced pursuant to paragraph 1 on a good imported into its territory, each
Party shall require presentation of satisfactory evidence of the amount of
customs duties paid to another Party on the good that has been subsequently exported
to the territory of that other Party.
5.
Where satisfactory evidence of the customs duties paid to the Party to which a
good is subsequently exported under a duty deferral program described in
paragraph 3 is not presented within 60 days after the date of exportation, the
Party from whose territory the good was exported:
a) shall collect customs
duties as if the exported good had been withdrawn for domestic consumption; and
b) may refund such customs
duties to the extent permitted under paragraph 1 on the timely presentation of
such evidence under its laws and regulations.
6.
This Article does not apply to:
a) a good entered under bond
for transportation and exportation to the territory of another Party;
b) a good exported to the
territory of another Party in the same condition as when imported into the
territory of the Party from which the good was exported (processes such as
testing, cleaning, repacking or inspecting the good, or preserving it in its
same condition, shall not be considered to change a good's condition). Except
as provided in Annex 703.2, Section A, paragraph 12, where such a good has been
commingled with fungible goods and exported in the same condition, its origin
for purposes of this subparagraph, may be determined on the basis of the
inventory methods provided for in the Uniform Regulations established under
Article 511 (Uniform Regulations);
c) a good imported into the territory of a Party that
is deemed to be exported from its territory, or used as a material in the
production of another good that is deemed to be exported to the territory of
another Party, or is substituted by an identical or similar good used as a
material in the production of another good that is deemed to be exported to the
territory of another Party, by reason of
(i) delivery to a duty-free
shop,
(ii) delivery for ship's
stores or supplies for ships or aircraft, or
(iii) delivery for use in joint undertakings of two or
more of the Parties and that will subsequently become the property of the Party
into whose territory the good was deemed to be imported;
d) a refund of customs duties by a Party on a
particular good imported into its territory and subsequently exported to the
territory of another Party, where that refund is granted by reason of the
failure of such good to conform to sample or specification, or by reason of the
shipment of such good without the consent of the consignee;
e) an originating good that is imported into the
territory of a Party and is subsequently exported to the territory of another
Party, or used as a material in the production of another good that is
subsequently exported to the territory of another Party, or is substituted by
an identical or similar good used as a material in the production of another
good that is subsequently exported to the territory of another Party; or
f) a good set out in Annex
303.6.
7.
Except for paragraph 2(d), this Article shall apply as of the date set out in
each Party's Section of Annex 303.7.
8.
Notwithstanding any other provision of this Article and except as specifically
provided in Annex 303.8, no Party may refund the amount of customs duties paid,
or waive or reduce the amount of customs duties owed, on a non-originating good
provided for in item 8540.11.aa (color cathode-ray television picture tubes,
including video monitor tubes, with a diagonal exceeding 14 inches) or
8540.11.cc (color cathoderay television picture tubes for high definition
television, with a diagonal exceeding 14 inches) that is imported into the
Party's territory and subsequently exported to the territory of another Party,
or is used as a material in the production of another good that is subsequently
exported to the territory of another Party, or is substituted by an identical
or similar good used as a material in the production of another good that is
subsequently exported to the territory of another Party.
9.
For purposes of this Article:
customs duties
are the customs duties that would be applicable to a good entered for
consumption in the customs territory of a Party if the good were not exported
to the territory of another party;
identical or similar goods
means "identical or similar goods" as defined in Article 415 (Rules
of Origin Definitions);
material means
"material" as defined in Article 415;
used means "used"
as defined in Article 415.
10.
For purposes of the Article:
Where
a good referred to by a tariff item number in this Article is described in
parentheses following the tariff item number, the description is provided for
purposes of reference only.
Article 304: Waiver of Customs Duties
1.
Except as set out in Annex 304.1, no Party may adopt any new waiver of customs
duties, or expand with respect to existing recipients or extend to any new
recipient the application of an existing waiver of customs duties, where the
waiver is conditioned, explicitly or implicitly, on the fulfillment of a
performance requirement.
2.
Except as set out in Annex 304.2, no Party may, explicitly or implicitly,
condition on the fulfillment of a performance requirement the continuation of
any existing waiver of customs duties.
3.
If a waiver or a combination of waivers of customs duties granted by a Party
with respect to goods for commercial use by a designated person can be shown by
another Party to have an adverse impact on the commercial interests of a person
of that Party, or of a person owned or controlled by a person of that Party
that is located in the territory of the Party granting the waiver, or on the
other Party's economy, the Party granting the waiver shall either cease to
grant it or make it generally available to any importer.
4.
This Article shall not apply to measures subject to Article 303.
Article 305: Temporary Admission of Goods
1.
Each Party shall grant duty-free temporary admission for:
a) professional equipment
necessary for carrying out the business activity, trade or profession of a
business person who qualifies for temporary entry pursuant to Chapter Sixteen
(Temporary Entry for Business Persons),
b) equipment for the press or
for sound or television broadcasting and cinematographic equipment,
c) goods imported for sports
purposes and goods intended for display or demonstration, and
d) commercial samples and
advertising films,
imported from the territory of
another Party, regardless of their origin and regardless of whether like,
directly competitive or substitutable goods are available in the territory of
the Party.
2.
Except as otherwise provided in this Agreement, no Party may condition the
duty-free temporary admission of a good referred to in paragraph 1(a), (b) or
(c), other than to require that such good:
a) be imported by a national
or resident of another Party who seeks temporary entry;
b) be used solely by or under
the personal supervision of such person in the exercise of the business activity,
trade or profession of that person;
c) not be sold or leased
while in its territory;
d) be accompanied by a bond in an amount no greater
than 110 percent of the charges that would otherwise be owed on entry or final
importation, or by another form of security, releasable on exportation of the
good, except that a bond for customs duties shall not be required for an
originating good;
e) be capable of
identification when exported;
f) be exported on the
departure of that person or within such other period of time as is reasonably
related to the purpose of the temporary admission; and
g) be imported in no greater
quantity than is reasonable for its intended use.
3.
Except as otherwise provided in this Agreement, no Party may condition the
duty-free temporary admission of a good referred to in paragraph 1(d), other
than to require that such good:
a) be imported solely for the
solicitation of orders for goods, or services provided from the territory, of
another Party or non-Party;
b) not be sold, leased or put
to any use other than exhibition or demonstration while in its territory;
c) be capable of
identification when exported;
d) be exported within such
period as is reasonably related to the purpose of the temporary admission; and
e) be imported in no greater
quantity than is reasonable for its intended use.
4.
A Party may impose the customs duty and any other charge on a good temporarily
admitted duty-free under paragraph 1 that would be owed on entry or final
importation of such good if any condition that the Party imposes under
paragraph 2 or 3 has not been fulfilled.
5.
Subject to Chapters Eleven (Investment) and Twelve (Cross Border Trade in
Services):
a) each Party shall allow a vehicle or container used
in international traffic that enters its territory from the territory of
another Party to exit its territory on any route that is reasonably related to
the economic and prompt departure of such vehicle or container;
b) no Party may require any
bond or impose any penalty or charge solely by reason of any difference between
the port of entry and the port of departure of a vehicle or container;
c) no Party may condition the release of any
obligation, including any bond, that it imposes in respect of the entry of a
vehicle or container into its territory on its exit through any particular port
of departure; and
d) no Party may require that
the vehicle or carrier bringing a container from the territory of another Party
into its territory be the same vehicle or carrier that takes such container to
the territory of another Party.
6.
For purposes of paragraph 5, "vehicle" means a truck, a truck
tractor, tractor, trailer unit or trailer, a locomotive, or a railway car or
other railroad equipment.
Article 306: Duty-Free Entry of Certain Commercial
Samples and Printed Advertising Materials
Each
Party shall grant duty-free entry to commercial samples of negligible value,
and to printed advertising materials, imported from the territory of another
Party, regardless of their origin, but may require that:
a) such samples be imported
solely for the solicitation of orders for goods, or services provided from the
territory, of another Party or non-Party; or
b) such advertising materials
be imported in packets that each contain no more than one copy of each such
material and that neither such materials nor packets form part of a larger
consignment.
Article 307: Goods Re-Entered after Repair or
Alteration
1.
Except as set out in Annex 307.1, no Party may apply a customs duty to a good,
regardless of its origin, that re enters its territory after that good has been
exported from its territory to the territory of another Party for repair or
alteration, regardless of whether such repair or alteration could be performed
in its territory.
2.
Notwithstanding Article 303, no Party may apply a customs duty to a good,
regardless of its origin, imported temporarily from the territory of another
Party for repair or alteration.
3.
Annex 307.3 applies to the Parties specified in that Annex respecting the
repair and rebuilding of vessels.
Article 308: MostFavoredNation Rates of Duty on
Certain Goods
1.
Annex 308.1 applies to certain automatic data processing goods and their parts.
2.
Annex 308.2 applies to certain color television tubes.
3.
Each Party shall accord mostfavorednation duty-free treatment to any local
area network apparatus imported into its territory, and shall consult in
accordance with Annex 308.3.
Section C - Non-Tariff Measures
Article 309: Import and Export Restrictions
1.
Except as otherwise provided in this Agreement, no Party may adopt or maintain
any prohibition or restriction on the importation of any good of another Party
or on the exportation or sale for export of any good destined for the territory
of another Party, except in accordance with Article XI of the GATT, including
its interpretative notes, and to this end Article XI of the GATT and its
interpretative notes, or any equivalent provision of a successor agreement to
which all Parties are party, are incorporated into and made a part of this
Agreement.
2.
The Parties understand that the GATT rights and obligations incorporated by
paragraph 1 prohibit, in any circumstances in which any other form of
restriction is prohibited, export price requirements and, except as permitted
in enforcement of countervailing and antidumping orders and undertakings,
import price requirements.
3.
In the event that a Party adopts or maintains a prohibition or restriction on
the importation from or exportation to a non-Party of a good, nothing in this
Agreement shall be construed to prevent the Party from:
a) limiting or prohibiting
the importation from the territory of another Party of such good of that non-
Party; or
b) requiring as a condition
of export of such good of the Party to the territory of another Party, that the
good not be re-exported to the non-Party, directly or indirectly, without being
consumed in the territory of the other Party.
4.
In the event that a Party adopts or maintains a prohibition or restriction on
the importation of a good from a non-Party, the Parties, on request of any
Party, shall consult with a view to avoiding undue interference with or
distortion of pricing, marketing and distribution arrangements in another
Party.
5.
Paragraphs 1 through 4 shall not apply to the measures set out in Annex 301.3.
Article 310: Customs User Fees
1.
No Party may adopt any customs user fee of the type referred to in Annex 310.1
for originating goods.
2.
The Parties specified in Annex 310.1 may maintain existing
such fees in accordance with that Annex.
Article 311: Country of Origin Marking
Annex
311 applies to measures relating to country of origin marking.
Article 312: Wine and Distilled Spirits
1.
No Party may adopt or maintain any measure requiring that distilled spirits
imported from the territory of another Party for bottling be blended with any
distilled spirits of the Party.
2.
Annex 312.2 applies to other measures relating to wine and distilled spirits.
Article 313: Distinctive Products
Annex
313 applies to standards and labelling of the distinctive products set out in
that Annex.
Except
as set out in Annex 314, no Party may adopt or maintain any duty, tax or other
charge on the export of any good to the territory of another Party, unless such
duty, tax or charge is adopted or maintained on:
a) exports of any such good
to the territory of all other Parties; and
b) any such good when
destined for domestic consumption.
Article 315: Other Export Measures
1.
Except as set out in Annex 315, a Party may adopt or maintain a restriction
otherwise justified under Articles XI:2(a) or XX(g),
(i) or (j) of the GATT with respect to the export of a good of the Party to the
territory of another Party, only if:
a) the restriction does not reduce the proportion of
the total export shipments of the specific good made available to that other
Party relative to the total supply of that good of the Party maintaining the
restriction as compared to the proportion prevailing in the most recent 36month
period for which data are available prior to the imposition of the measure, or
in such other representative period on which the Parties may agree;
b) the Party does not impose
a higher price for exports of a good to that other Party than the price charged
for such good when consumed domestically, by means of any measure, such as
licenses, fees, taxation and minimum price requirements. The foregoing
provision does not apply to a higher price that may result from a measure taken
pursuant to subparagraph (a) that only restricts the volume of exports; and
c) the restriction does not
require the disruption of normal channels of supply to that other Party or
normal proportions among specific goods or categories of goods supplied to that
other Party.
2.
The Parties shall cooperate in the maintenance and development of effective
controls on the export of each other's goods to a non-Party in implementing
this Article.
Section D - Consultations
Article 316: Consultations and Committee on Trade in
Goods
1.
The Parties hereby establish a Committee on Trade in Goods, comprising
representatives of each Party.
2.
The Committee shall meet on the request of any Party or the Commission to
consider any matter arising under this Chapter.
3.
The Parties shall convene at least once each year a meeting of their officials
responsible for customs, immigration, inspection of food and agricultural
products, border inspection facilities, and regulation of transportation for
the purpose of addressing issues related to movement of goods through the
Parties' ports of entry.
Article
317: Third Country Dumping
1.
The Parties affirm the importance of cooperation with respect to actions under
Article 12 of the Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade.
2.
Where a Party presents an application to another Party requesting antidumping
action on its behalf, those Parties shall consult within 30 days respecting the
factual basis of the request, and the requested Party shall give full
consideration to the request.
Section E - Definitions
For
purposes of this Chapter:
advertising
films means recorded visual media, with or without
soundtracks, consisting essentially of images showing the nature or operation
of goods or services offered for sale or lease by a person established or
resident in the territory of any Party, provided that the films are of a kind
suitable for exhibition to prospective customers but not for broadcast to the
general public, and provided that they are imported in packets that each
contain no more than one copy of each film and that do not form part of a
larger consignment;
commercial
samples of negligible value means commercial samples having a
value, individually or in the aggregate as shipped, of not more than one U.S.
dollar, or the equivalent amount in the currency of another Party, or so
marked, torn, perforated or otherwise treated that they are unsuitable for sale
or for use except as commercial samples;
consumed means:
a) actually consumed; or
b) further processed or
manufactured so as to result in a substantial change in value, form or use of
the good or in the production of another good;
customs duty includes
any customs or import duty and a charge of any kind imposed in connection with
the importation of a good, including any form of surtax or surcharge in
connection with such importation, but does not include any:
a) charge equivalent to an internal tax imposed
consistently with Article III:2 of the GATT, or any
equivalent provision of a successor agreement to which all Parties are party,
in respect of like, directly competitive or substitutable goods of the Party,
or in respect of goods from which the imported good has been manufactured or
produced in whole or in part;
b) antidumping or countervailing duty that is applied
pursuant to a Party's domestic law and not applied inconsistently with Chapter
Nineteen (Review and Dispute Settlement in Antidumping and Countervailing Duty
Matters);
c) fee or other charge in
connection with importation commensurate with the cost of services rendered;
d) premium offered or collected on an imported good
arising out of any tendering system in respect of the administration of
quantitative import restrictions, tariff rate quotas or tariff preference
levels; and
e) fee applied pursuant to
section 22 of the
distilled spirits
include distilled spirits and distilled spiritcontaining beverages;
duty
deferral program includes measures such as those governing
foreign trade zones, temporary importations under bond, bonded warehouses,
"maquiladoras", and inward processing programs;
duty-free means free of
customs duty;
goods imported for sports
purposes means sports requisites for use in sports contests,
demonstrations or training in the territory of the Party into whose territory
such goods are imported;
goods intended for display or
demonstration includes their component parts, ancillary
apparatus and accessories;
item
means a tariff classification item at the eight- or 10-digit level set out in a
Party's tariff schedule;
local
area network apparatus means a good dedicated for use solely or
principally to permit the interconnection of automatic data processing machines
and units thereof for a network that is used primarily for the sharing of
resources such as central processor units, data storage devices and input or
output units, including in-line repeaters, converters, concentrators, bridges
and routers, and printed circuit assemblies for physical incorporation into
automatic data processing machines and units thereof suitable for use solely or
principally with a private network, and providing for the transmission,
receipt, error-checking, control, signal conversion or correction functions for
non-voice data to move through a local area network;
performance
requirement means a requirement that:
a) a given level or
percentage of goods or services be exported;
b) domestic goods or services
of the Party granting a waiver of customs duties be substituted for imported
goods or services;
c) a person benefitting from a waiver of customs
duties purchase other goods or services in the territory of the Party granting
the waiver or accord a preference to domestically produced goods or services;
d) a person benefitting from a waiver of customs
duties produce goods or provide services, in the territory of the Party
granting the waiver, with a given level or percentage of domestic content; or
e) relates in any way the
volume or value of imports to the volume or value of exports or to the amount
of foreign exchange inflows;
printed
advertising materials means those goods classified in Chapter
49 of the Harmonized System, including brochures, pamphlets, leaflets, trade
catalogues, yearbooks published by trade associations, tourist promotional
materials and posters, that are used to promote, publicize or advertise a good
or service, are essentially intended to advertise a good or service, and are
supplied free of charge;
repair or alteration
does not include an operation or process that either destroys the essential
characteristics of a good or creates a new or commercially different good;
satisfactory
evidence means:
a) a receipt, or a copy of a
receipt, evidencing payment of customs duties on a particular entry;
b) a copy of the entry
document with evidence that it was received by a customs administration;
c) a copy of a final customs
duty determination by a customs administration respecting the relevant entry;
d) any other evidence of payment of customs duties
acceptable under the Uniform Regulations established in accordance with Chapter
Five (Customs Procedures);
total export shipments means
all shipments from total supply to users located in the territory of another
Party;
total supply
means all shipments, whether intended for domestic or foreign users, from:
a) domestic production;
b) domestic inventory; and
c) other imports as
appropriate; and
waiver of customs duties
means a measure that waives otherwise applicable customs duties on any good
imported from any country, including the territory of another Party.
Exceptions to Articles 301 and 309
Section A - Canadian Measures
1.
Articles 301 and 309 shall not apply to controls by
2.
Articles 301 and 309 shall not apply to controls by
a) New Brunswick Fish Processing Act, R.S.N.B.
c. F18.01 (1982), and Fisheries Development Act, S.N.B. c. F15.1
(1977);
b)
c)
d)
e)
3.
Articles 301 and 309 shall not apply to:
a) except as provided in Annex 300-A, Appendix
300-A.1, paragraph 4, measures by Canada respecting the importation of any
goods enumerated or referred to in Schedule VII of the Customs Tariff,
R.S.C. 1985, c. 41 (3rd Supp.), as amended,
b) measures by Canada respecting the exportation of
liquor for delivery into any country into which the importation of liquor is
prohibited by law under the existing provisions of the Export Act,
R.S.C. 1985, c. E18, as amended,
c) measures by
d) Canadian excise taxes on absolute alcohol used in
manufacturing under the existing provisions of the Excise Tax Act,
R.S.C. 1985, c. E-14, as amended, and
e) measures by Canada prohibiting the use of foreign
or non-duty paid ships in the coasting trade of Canada unless granted a license
under the Coasting Trade Act, S.C. 1992, c. 31,
to the extent that such
provisions were mandatory legislation at the time of
4.
Articles 301 and 309 shall not apply to quantitative import restrictions on
goods that originate in the territory of the United States, considering
operations performed in, or materials obtained from, Mexico as if they were
performed in, or obtained from, a non-Party, and that are indicated by
asterisks in Chapter 89 in Annex 401.2 (Tariff Schedule of Canada) of the Canada
United States Free Trade Agreement for as long as the measures taken under
the Merchant Marine Act of 1920, 46 App. U.S.C. §§ 883, and the Merchant
Marine Act of 1936, 46 App. U.S.C. §§ 1171, 1176, 1241 and 1241o, apply
with quantitative effect to comparable Canadian origin goods sold or offered
for sale into the U.S. market.
5.
Articles 301 and 309 shall not apply to:
a) the continuation or prompt
renewal of a non-conforming provision of any statute referred to in paragraph 2
or 3; and
b) the amendment to a
non-conforming provision of any statute referred to in paragraph 2 or 3 to the
extent that the amendment does not decrease the conformity of the provision
with Articles 301 and 309.
Section B - Mexican Measures
1.
Articles 301 and 309 shall not apply to controls by
2.
Articles 301 and 309 shall not apply to:
a) measures under the existing provisions of Articles
192 through 194 of the General Ways of Communication Act ("Ley de
Vias Generales de Comunicación") reserving exclusively to Mexican vessels
all services and operations not authorized for foreign vessels and empowering
the Mexican Ministry of Communications and Transportation to deny foreign
vessels the right to perform authorized services if their country of origin
does not grant reciprocal rights to Mexican vessels; and
b) export permit measures
applied to goods for exportation to another Party that are subject to
quantitative restrictions or tariff rate quotas adopted or maintained by that
other Party.
3.
Articles 301 and 309 shall not apply to:
a) the continuation or prompt
renewal of a non-conforming provision of the statute referred to in paragraph
2(a); and
b) the amendment to a
non-conforming provision of the statute referred to in paragraph 2(a) to the
extent that the amendment does not decrease the conformity of the provision
with Articles 301 and 309.
4.
(a) Notwithstanding Article 309, for the first 10
years after the date of entry into force of this Agreement, Mexico may adopt or
maintain prohibitions or restrictions on the importation of used goods provided
for in the items, as of August 12, 1992, in the Tariff Schedule of the General
Import Duty Act (Tarifa de la "Ley del Impuesto General de
Importación") set out below:
Note:
(For purposes of reference only, descriptions are provided next to the
corresponding item.)
|
Item |
Description
|
|
8407.34.99 |
Gasoline
engines of more than 1,000 cm3, except for motorcycles |
|
8413.11.01 |
Distributors
fitted with a measuring device even if it includes a totalizing mechanism |
|
8413.40.01 |
Trailer
type, from 36 up to 60 m3/hr capacity; without hydraulic elevator for the
discharge hose |
|
8426.12.01 |
Mobile
portals on tires and straddle carriers |
|
8426.19.01 |
Other
(overhead travelling cranes, bridge cranes and straddle carriers) |
|
8426.30.01 |
Portal
cranes |
|
8426.41.01 |
Cranes
with structural iron jib (lattice) with mechanical working, self-propelled,
with unit weight up to 55 tons |
|
8426.41.02 |
Cranes
with hydraulically actuated rigid jib, selfpropelled with maximum capacity
above 9.9 tons and not exceeding 30 tons |
|
8426.41.99 |
Other
(machinery and apparatus, self propelled, on tires) |
|
8426.49.01 |
Cranes
with structural iron jib (lattice) with mechanical working, with unit weight
up to 55 tons |
|
8426.49.02 |
Cranes
with hydraulically actuated rigid jib, selfpropelled, with load capacity
above 9.9 tons and not exceeding 30 tons |
|
8426.91.01 |
Cranes,
other than those provided for in items 8426.91.02, 8426.91.03 and 8426.91.04 |
|
8426.91.02 |
Cranes
with hydraulic working, with articulated or rigid booms, with capacity up to
9.9 tons at 1 meter radius |
|
8426.91.03 |
Isolated
elevating cranes, basket type, with carrying capacity equal to or less than 1
ton and up to 15 meters lift |
|
8426.91.99 |
Other
(machinery and apparatus; designed for mounting on road vehicles) |
|
8426.99.01 |
Cranes,
other than those provided for in items 8426.91.02 |
|
8426.99.02 |
Swivel
cranes |
|
8426.99.99 |
Other
(cranes and air cables ("blondines"); overhead travelling cranes,
handling or unloading frames, bridge cranes, straddle carriers and straddle
cranes) |
|
8427.10.01 |
With
load capacity up to 3,500 kilograms, measured at 620 millimeters from the
frontal surface of the forks, without battery or loader |
|
8427.20.01 |
With
explosion or internal combustion engine, with carrying capacity up to 7,000
kilograms, measured at 620 millimeters from the frontal surface of the forks |
|
8428.40.99 |
Other
(escalators and moving walkways) |
|
8428.90.99 |
Other
(machinery and apparatus for lifting, loading, unloading or handling) |
|
8429.11.01 |
Caterpillar
type |
|
8429.19.01 |
Other
(bulldozers and angledozers) |
|
8429.20.01 |
Graders |
|
8429.30.01 |
Scrapers |
|
8429.40.01 |
Tamping
machines |
|
8429.51.02 |
Frontend
loader with hydraulic working, wheeltype, with capacity equal or less than
335 HP |
|
8429.51.03 |
Mechanical
shovels, other than those provided for in item 8429.51.01 |
|
8429.51.99 |
Other
(mechanical shovels, excavators, loaders and frontend shovel loaders) |
|
8429.52.02 |
Draglines
or excavators, other than those provided for in item 8429.52.01 |
|
8429.52.99 |
Other
(machinery with a 360 revolving superstructure) |
|
8429.59.01 |
Trenchers |
|
8429.59.02 |
Draglines,
with dragging load capacity up to 4,000 kilograms |
|
8429.59.03 |
Draglines
or excavators, other than those provided for in item 8429.59.04 |
|
8429.59.99 |
Other
(selfpropelled bulldozers, angledozers, graders, scrapers, mechanical
shovels, excavators, loaders, shovel loaders, tamping machines and road
rollers) |
|
8430.31.01 |
Rotation
and/or percussion perforators |
|
8430.31.99 |
Other
(selfpropelled cutters, pullers or wrenchers and machines to open tunnels or
galleries) |
|
8430.39.01 |
Boring
shields |
|
8430.39.99 |
Other
(not selfpropelled cutters, pullers or wrenchers and machines to open tunnels
or galleries) |
|
8430.41.01 |
Boring
or sinking machinery, other than those provided for in item 8430.41.02 |
|
8430.41.99 |
Other
(selfpropelled probing or boring machinery) |
|
8430.49.99 |
Other
(not selfpropelled probing or boring machinery) |
|
8430.50.01 |
Excavators,
frontal carriers with hydraulic mechanism, with capacity equal to or less
than 335 h.p |
|
8430.50.02 |
Scrapers |
|
8430.50.99 |
Other
(selfpropelled machinery and apparatus) |
|
8430.61.01 |
Graders
(pushers) |
|
8430.61.02 |
Tamping
or compacting rollers |
|
8430.61.99 |
Other
(machinery and apparatus, not selfpropelled) |
|
8430.62.01 |
Scarification
machine (ripping machine) |
|
8430.69.01 |
Scrapers,
not selfpropelled |
|
8430.69.02 |
Trencher
machine, other than those provided for in item 8430.69.03 |
|
8430.69.99 |
Other
(trenchers, other than those provided for in items 8430.69.01, 8430.69.02 and
8430.69.03) |
|
8452.10.01 |
Sewing
machines of the household type |
|
8452.21.04 |
Industrial
machines, other than those provided for in items 8452.21.02, 8452.21.03 and
8452.21.05 |
|
8452.21.99 |
Other
(automatic sewing machines) |
|
8452.29.05 |
Machines
or heads for industrial use, with straight seams, straight needle and a
rotating and oscillating thread linking device, double backstitching, flat
bed and transportation only |
|
8452.29.06 |
Industrial
machines, other than those provided for in items 8452.29.01, 8452.29.03 and
8452.29.05 |
|
8452.29.99 |
Other
(non-automatic sewing machines) |
|
8452.9 |