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For each good described, identify the HS tariff classification. For most goods, identifying
the six-digit HS subheading is sufficient. For some goods, however, the specific rule of
origin (from Annex 401 of the Agreement) requires a change at the eight-digit, tariff-item
level. For these goods, identify the eight-digit tariff item of the importing country.
Field 7 Preference criteria
There are six preference criteria: A through F. Each of these preference criteria
correspond to a category of rules of origin. Since each good described in field 5 of the
certificate must be an originating good, they must each satisfy a rule of origin. The
preference criterion is essentially a code which tells both the importer and Canada
Customs and Revenue Agency which rule-of-origin category the goods satisfy.
Consequently, exporters or producers who try to identify a preference criterion without
familiarizing themselves with the rules of origin
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and applying them will have a difficult
time choosing a criterion.
Criterion A corresponds to article 401(a) of the Agreement, which covers goods that
are "wholly obtained or produced in one or more of Canada, Mexico, and the United
States."
Wholly obtained or produced only refers to goods that were grown, mined, bred,
fished, extracted, etc., from a NAFTA party. The goods must be 100% NAFTA origin to
qualify under this criterion.
Simply because goods were purchased from a supplier in Canada, the U.S., or Mexico
does not mean that they are wholly obtained within the meaning of criterion A.
Criterion B corresponds to article 401(b) of the Agreement, which covers goods that
a producer makes using non-originating materials.
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The non-originating materials
must meet the conditions set out in the specific rule of origin that applies, which can
be found in Annex 401 of the Agreement.
The rules of origin ensure that any non-originating materials undergo enough
processing before they can be transformed into a North American product. Most
often, the rule of origin is expressed in terms of an HS classification change. This means
that a non-originating material changes from one classification number in the HS to
another.
When the material is incorporated into the final product, in some cases the rule of
origin requires a certain percentage of the value of the goods, referred to as regional
value content, to be incurred in North America in addition to the HS classification
change. The rules in Annex 401 of the Agreement define exactly what must occur
before the good can be considered as originating.
Criterion C corresponds to article 401(c) of the Agreement, which covers goods a
producer makes using only originating materials. The difference between criteria A
and C is that the originating materials used under criterion C can have some non-
NAFTA content which has already been transformed by the producer's North
American supplier into an originating material.