Page:United States Statutes at Large Volume 108 Part 6.djvu/593

 PROCLAMATION 6641—DEC. 15, 1993 108 STAT. 5161 Annex I (con.) -24 - (vili) for purposes of applying the rules set forth in subdivision (t) to goods of section XI of the tariff schedule, the term "wholly" means that the good Is made entirely or solely of the named material; and, for purposes of this note, the term "average yarn number" as applied to woven fabrics of cotton or man-made fibers shall have the meaning provided in section 10 of annex 300-B of the NAFTA; and (Ix) for purposes' of determining the origin of goods for use in a motor vehicle of chapter 87, the provisions of subdivision (d) of this note may apply. (s) Exceptions to Change in Tariff Classification Rules. (i) Agricultural and horticultural goods grown in the territory of a NAFTA party shall be treated as originating in the territory of that party even if grown from seed, bulbs, rootstock, cuttings, slips or other live parts of plants imported from a non-party to the NAFTA, except that goods which are exported from the territory of Mexico and are provided for in-- (A) heading 1202, if the goods were not harvested in the territory of Mexico, (B) subheading 2008.11, if any material provided for in heading 1202 USC d in the production of such goods was hot harvested in the territory of Mexico, or (C) tariff items 1806.10.42 or 2106.90.12, if any material provided for In subheading 1701.99 USC d in the production of such goods is not a qualifying good, shall be treated as nonoriginating goods. The term "Qualifying pood* means an originating good that is an agricultural good, except that in determining whether such good is an originating good, operations performed in or materials obtained from Canada shall be considered as if they were performed in or obtained from a non-party to the NAFTA. (ii) Fruit, nut and vegetable preparations of chapter 20 that have been prepared or preserved merely by freezing, by packing (including canning) in water, brine or natural juices, or by roasting, either dry or in oil (including processing incidental to freezing, packing, or roasting), shall be treated as an originating good only if the fresh good were wholly produced or obtained entirely in the territory of one or more of the NAFTA parties.

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