North American Free Trade Agreement; Corrections

DEPARTMENT OF THE TREASURY

19 CFR Part 181

[T.D. 94-1]

RIN 1515-AB33

North American Free Trade Agreement; Corrections

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Interim regulations; corrections.

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SUMMARY: This document makes corrections to the document published in

the Federal Register which set forth interim amendments to the Customs

Regulations to implement the preferential tariff treatment and other

Customs-related provisions of the North American Free Trade Agreement

and the North American Free Trade Agreement Implementation Act.

EFFECTIVE DATE: These corrections are effective January 1, 1994.

FOR FURTHER INFORMATION CONTACT: John Valentine, Office of Regulations

and Rulings (202-482-7000).

SUPPLEMENTARY INFORMATION:

Background

On December 30, 1993, Customs published in the Federal Register (58

FR 69460) T.D. 94-1 to set forth interim amendments to the Customs

Regulations to implement the preferential tariff treatment and other

Customs-related provisions of the North American Free Trade Agreement

(NAFTA) which was adopted by the United States through the enactment of

the North American Free Trade Agreement Implementation Act, Public Law

103-182, 107 Stat. 2057. Those interim regulatory amendments took

effect on January 1, 1994, to coincide with the effective date of the

NAFTA.

The majority of the NAFTA regulations were set forth in T.D. 94-1

as a new part 181 which included, as an appendix thereto, substantively

verbatim, trilaterally negotiated texts implementing the rules of

origin provisions of Chapter Four of the NAFTA. This document makes

some corrections to the appendix to part 181 as published in T.D. 94-1.

These corrections involve (1) textual changes to properly reflect the

trilaterally agreed texts and (2) formatting changes resulting from

manuscript or typesetting errors.

Corrections of Publication

The document published in the Federal Register as T.D. 94-1 on

December 30, 1993 (58 FR 69460) is corrected in the appendix to part

181 as set forth below.

1. On page 69497, in the definition of ``customs value'', paragraph

(c) is corrected by adding the words ``as amended,'' before the word

``converted'' in the second line.

2. On page 69498, in the definition of ``heavy-duty vehicle'', at

the end of the first line, the figure ``8702.10.30'' is corrected to

read ``8702.90.30''.

3. On page 69501, under section 2, the words ``References to

domestic laws'' are added as a centered heading before subsection (5).

4. On page 69503, under section 5, subsection (1), the words

``provided that'', which appear as the third line of paragraph (b),

should be flush with the left margin of subsection (1).

5. On page 69507, under section 6, the last three lines under

subsection (7), which begin with the words ``the exporter or producer

may choose'', should be flush with the left margin of subsection (7).

6. On page 69509, under section 6, subsection (20), in the list of

figures within Example 4, the sign ``$'' is added before the figure

``12.00'' opposite ``Total excluded costs''.

7. On page 69511, under section 7, subsection (1), the line

beginning with the words ``and shall include'', which appears as the

last line of paragraph (b), should be flush with the left margin of

subsection (1).

8. On page 69512, under section 7, the heading to subsection (2) is

corrected by removing the word ``use'' and adding, in its place, the

words ``require valuation under''.

9. At the top of page 69513, under section 7, the heading to

subsection (11) is corrected by removing the words ``deemed to be

originating'' and adding, in their place, the words ``origin

disregarded''.

10. On page 69514, under section 7, subsection (17), Example 2,

Situation 1 is corrected by removing the double line under the figure

``$23.00'' opposite ``Total cost of Good B'' and adding a minus sign

(``-'') before the figure ``0.20'' in the next line opposite ``Excluded

costs: (included in period costs)''.

11. On page 69515, under section 7, subsection (17), Example 2, the

third group of figures under Situation 2 is corrected by adding a minus

sign (``-'') before the figure ``0.40'' in the column headed ``Total''.

12. On page 69516, under section 7, subsection 17:

a. The table at the top of the page is corrected by adding a minus

sign (``-'') before the figure ``0.20'' in the column headed ``Total'';

and

b. The first paragraph of Example 4 is corrected by removing the

reference ``Material A'' in the second line and adding, in its place,

the reference ``Material X''.

13. On page 69518, under section 9, subsection (2), the last two

lines under subparagraph (c)(ii), which begin with the words ``the sum

of the customs value'', should be flush with the left margin of

paragraph (c).

14. On page 69519, under section 9, subsection (2):

a. At the top of the page, the last two lines under subparagraph

(d)(ii), which begin with the words ``the sum of'', should be flush

with the left margin of paragraph (d);

b. The last two lines under subparagraph (e)(ii), which begin with

the words ``the value of the traced material'', should be flush with

the left margin of paragraph (e);

c. The third line under subparagraph (f)(ii), which reads ``an

amount equal to VM x (1-RVCR)'', should be flush with the left margin

of paragraph f);

d. In paragraph (g), the paragraph designation and the first two

lines of the paragraph, and the last two lines under subparagraph

(g)(ii) which begin with the words ``if the producer of the good'',

should be flush with the left margin of paragraphs (a) through (f); and

e. Paragraph (h) should be flush with the left margin of paragraphs

(a) through (g).

15. Also on page 69519, under section 9:

a. The heading to subsection (3) is corrected by removing the word

``use'' and adding, in its place, the words ``require valuation

under'';

b. The heading to subsection (4) is corrected by adding the word

``customs'' before the word ``value'' appearing at the end of the

heading; and

c. In subsection (5), the text under paragraph (b) beginning with

the words ``and, where'' in the third line should be flush with the

left margin of subsection (5).

16. On page 69520, under section 9, subsection (9), the word

``and'' is removed at the end of paragraph (d), the period at the end

of paragraph (e) is replaced by a semicolon followed by the word

``and'', and a new paragraph (f) is added to read as follows:

(f) any information set out in a statement referred to in

subsection (2) that concerns the value of materials or costs shall be

in the same currency as the currency of the country in which the person

who provided the statement is located.

17. On page 69523, under section 10, subsection (1), paragraph (d):

a. The last four lines of subparagraph (i)(D), which begin with the

words ``if the producer has'', should be flush with the left margin of

subparagraph (i); and

b. In the third line of subparagraph (ii), the word ``where''

should be flush with the left margin of subparagraph (ii).

18. On page 69524, under section 10:

a. In subsection (1), paragraph (d), subparagraph (ii), the first

four lines at the top of the page should be flush with the left margin

of subparagraph (ii); and

b. In subsection (4), the last two lines, which begin with the

words ``the value of the'', should be flush with the left margin of

subsection (4).

19. At the top of page 69525 under section 10, the words ``VNM may

be redetermined for certain acquired materials'' are added as a

centered heading before subsection (6).

20. Also on page 69525, under section 10, subsection (9), the word

``and'' is removed at the end of paragraph (c), the period at the end

of paragraph (d) is replaced by a semicolon followed by the word

``and'', and a new paragraph (e) is added to read as follows:

(e) any information set out in a statement referred to in

subsection (2) that concerns the value of materials or costs shall be

in the same currency as the currency of the country in which the person

who provided the statement is located.

21. On page 69529, under section 11:

a. In subsection (6), in the second line the reference to

``Schedule V.1'' is corrected to read ``Schedule VI'';

b. In subsection (7), in the first line the reference to ``Schedule

V.1'' is corrected to read ``Schedule VI''; and

c. The words ``Averaged net cost and VNM included in calculation of

RVC on the basis of producer's option to include all vehicles of

category or only certain exported vehicles of category'' are added as a

centered heading before subsection (9).

22. On page 69530, under section 12:

a. In subsection (1), in the third line the word ``elects'' is

corrected to read ``chooses'';

b. In subsection (3), the last two lines, which begin with the

words ``shall be the sum of'', should be flush with the left margin of

subsection (3); and

c. In the heading to subsection (6), the reference ``VNM'' is added

after the word ``averaging''.

23. On page 69531, under section 13:

a. In the heading to subsection (2), the word ``retrofit'' is

corrected to read ``refit''; and

b. In subsection (4), in the third line the words ``an election''

are corrected to read ``a choice''.

24. On page 69533, under section 14, subsection (4), the word

``and'' is removed at the end of paragraph (a)(ii), the period at the

end of paragraph (b) is replaced by a semicolon followed by the word

``and'', and a new paragraph (c) is added to read as follows:

(c) any information set out in a statement referred to in

subsection (2) that concerns the value of materials or costs shall be

in the same currency as the currency of the country in which the person

who provided the statement is located.

25. On page 69537, under Schedule I, the following words are added

before the period at the end of the sentence: ``as implemented in

General Note 12 of the HTSUS''.

26. On page 69538, under Schedule II, section 4:

a. In subsection (6), paragraph (h), in the second line the word

``material'' is corrected to read ``good''; and

b. In subsection (12), in the sixth and eighth lines the word

``mould'' in each case is corrected to read ``mold''.

27. On page 69542, under Schedule VI, section 2, in the third line

the word ``elect'' is corrected to read ``choose''.

28. On page 69543, under Schedule VI, section 5, subsection (1),

paragraph (b), in the first line the reference to ``section 2.1'' is

corrected to read ``section 3''.

29. On page 69550, under Schedule VIII, section 5, subsection (6),

paragraph (d), the text beginning with the words ``and shall in-'' in

the second line and continuing to the end of the paragraph should start

on a separate line flush with the left margin of subsection (6).

30. At the top of page 69551, under Schedule VIII, section 5,

subsection (12), in the sixth and eighth lines the word ``mould'' in

each case is corrected to read ``mold''.

31. Also on page 69551, under Schedule VIII:

a. In section 6, subsection (1), in the second line the reference

to ``Part III'' is corrected to read ``Part IV'';

b. In section 7, subsection (1), in the third line the reference to

``Part III'' is corrected to read ``Part IV''; and

c. In section 8, in the third line the reference to ``Part III'' is

corrected to read ``Part IV''.

32. On page 69552, under Schedule VIII:

a. In section 9, subsection (1), in the third line the reference to

``Part III'' is corrected to read ``Part IV''; and

b. In section 10, subsection (1), in the second line the reference

to ``Part III'' is corrected to read ``Part IV''.

33. On page 69553, under Schedule VIII:

a. In section 10, subsection (3), in the last line the reference to

``Schedule VI'' is corrected to read ``Schedule XII''; and

b. In section 11, subsection (1), in the third line the reference

to ``Part III'' is corrected to read ``Part IV''.

34. On page 69557, under Schedule X, in subsection (1) under each

of sections 6, 7 and 8, the word ``by'', which occupies the line

between paragraphs (a) and (b), should be flush with the left margin of

subsection (1).

35. On page 69558, under Schedule X, section 14, subsection (1),

the word ``by'', which occupies the line between paragraphs (a) and

(b), should be flush with the left margin of subsection (1).

36. On page 69563, under Schedule XI, Addendum, first example, the

texts of footnotes 1 through 5 should be moved to the end of the

example.

Dated: March 24, 1994.

Harvey B. Fox,

Director, Office of Regulations and Rulings.

[FR Doc. 94-7394 Filed 3-30-94; 8:45 am]

BILLING CODE 4820-02-P