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basic-guide-to-exporting_Latest_eg_main_086196

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5. Determine if the foreign content meets the ROO—that is, if it meets the tariff shift (TS) orr<strong>eg</strong>ional value content (RVC) rule. You may also determine what content does not meet theROO and consider making changes so it meets the ROO.ŦŦIf a TS-based rule is the only option for qualifying origin, check if all non-FTA inputs makethe required change in HS classification (tariff shift) as they are incorporated in<strong>to</strong> the finalproduct. If not, check if the non-FTA originating inputs make up less than the required deminimis threshold (generally 7 <strong>to</strong> 10 percent of the invoice value). If you meet the TS-basedrule or the de minimis exception, proceed <strong>to</strong> certifying the origin (step 6).ŦŦUse the RVC-based rule if necessary. If the TS-based rule cannot be applied or the productdoes not qualify under the TS or the de minimis exception, see if an RVC percentage par<strong>to</strong>f the rule may apply (assuming it is allowed). This part of a rule will require calculating aminimum percentage of FTA content using a specific formula (transaction value, net cost,buildup, or builddown). A costed bill of material will be necessary <strong>to</strong> calculate the RVC.If you determine that the product does not meet the ROO, consider changing it so it canqualify for an FTA.ŦŦNote: Other rules can be used <strong>to</strong> qualify a product or an FTA preference (e.g., fungibl<strong>eg</strong>oods, sets, chemical reaction rules, etc.)..6. Certify the origin for your product. Fill out an FTA-specific Certificate of Origin (COO), orprovide required data elements in a free-form format <strong>to</strong> the requesting party (e.g., the buyer/importer, broker/freight forwarder, cus<strong>to</strong>ms). The COO mustinclude information on how the good qualifies for an FTApreference—that is, state the preference criterion or includea statement explaining how the good qualifies. This variesamong FTAs. Shipments with a low value do not need a COO. Itmay state on the commercial invoice that a good qualifies.ŦŦNote: To obtain a sample COO and information on how <strong>to</strong> fillout a Certificate of Origin or certification information, visitexport.gov/fta and select “FTA country,” call 800-USA-TRADE(800-872-8723), or e-mail tic@trade.gov.7. Retain information on how the product was qualified in case of a cus<strong>to</strong>ms audit. Most of theFTA agreements require retention of the documents for up <strong>to</strong> 5 years.Rules of Origin and Why They MatterEach FTA has its own ROOs thatdescribe how exported goodsmay qualify for duty-free orreduced-duty benefits.ROOs are used <strong>to</strong> determine whether or not a product qualifies <strong>to</strong> receive preferential tarifftreatment under the FTA. The rules determining country of origin can be very simple if a productis manufactured and assembled primarily in one country. However, when a finished productincludes components that originate in many countries, determining origin can be more complex.There are two types of ROOs: nonpreferential and preferential.Nonpreferential (Generic) Rules of OriginNonpreferential ROOs are used <strong>to</strong> determine the origin of goodsexported <strong>to</strong> countries that are WTO members and therefore gran<strong>to</strong>ne another duties (tariffs) on a Most-Favored-Nation (MFN)basis. Under nonpreferential rules, the product must be whollythe agriculture output, product, or manufacture of one particularcountry. Alternatively, the product with components from morethan one country needs <strong>to</strong> be substantially transformed. These twoROOs will help you determinewhether or not your product orservice qualifies for preferentialtariff treatment under an FTA.Chapter 18: Rules of Origin for FTAs203

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