Page:United States Statutes at Large Volume 102 Part 2.djvu/853

 PUBLIC LAW 100-449—SEPT. 28, 1988

102 STAT. 1857

(A) simple packaging or, except as expressly provided by the Annex rules, combining operations; (B) mere dilution with water or another substance that does not materially alter the characteristics of the good; or (C) any process or work in respect of which it is established, or in respect of which the facts as ascertained clearly justify the presumption, that the sole object was to circumvent the provisions of chapter 3 of the Agreement. (3) Accessories, spare parts, or tools delivered with any piece Motor vehicles. of equipment, machinery, apparatus, or vehicle that form part of its standard equipment shall be treated as having the same origin as that equipment, machinery, apparatus, or vehicle if the quantities and values of such accessories, spare parts, or tools are customary for the equipment, machuiery, apparatus, or vehicle. (b) TRANSSHIPMENT.—(roods exported from the territory of one Party originate in the territory of that Party only if— (1) the goods meet the applicable requirements of subsection (a) and are shipped to the territory of the other Party without having entered the commerce of any third country; (2) the goods, if shipped through the territory of a third country, do not undergo any operation other than unloading, reloading, or any operation necessary to transport them to the territory of the other Party or to preserve them in good condition; and (3) the documents related to the exportation and shipment of the goods from the territory of a Party show the territory of the other Party as their final destination. (c) INTERPRETATION.—In interpreting this section, the following apply: (1) Whenever the processing or assembly of goods in the territory of either Party or both Parties results in one of the changes in tarifT classification described in the Annex rules, such goods shall be considered to have been transformed in the territory of that Party and shall be treated as goods originating in the territory of that Party if^ (A) such processing or assembly occurs entirely within the territory of either Party or both Parties; and (B) such goods have not subsequently undergone any processing or assembly outside the territories of the Parties that improves the goods in condition or advances them in value. (2) Whenever the assembly of goods in the territory of a Party fails to result in a change of tariff classification because either— (A) the goods were imported into the territory of the Party in an unassembled or a disassembled form and were classified as unassembled or disassembled goods pursuant to General Rule of Interpretation 2(a) of the Harmonized System; or (B) the tariff subheading for the goods provides for both the goods themselves and their parts; such goods shall not be treated as goods originating in the territory of a Party. (3) Notwithstanding paragraph (2), goods described in that paragraph shall be considered to have been transformed in the

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