Originating goods and goods which undergo the specific tariff classification changes prescribed by the Marking Rules are considered goods of Canada, Mexico or the United States (as appropriate) and are subject to the Agreement's provisions on marking.
The Marking Rules are all based on a tariff change and are largely the same in all three countries.
The Marking Rules are distinct from the rules of origin that are used to determine whether a good is originating under Article 401 of the Agreement. The Marking Rules established by the United States are set forth in 19 CFR Part 102 which are used to determine the country of origin. Paragraph 1 of Annex 311 of the NAFTA provides that the NAFTA parties shall establish "Marking Rules" to determine when a good is a good of a NAFTA country. shall be marked with its country of origin. 1304) requires that, unless excepted, every article of foreign origin (or its container) imported into the U.S. In the United States, the marking statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. The NAFTA provides that Canada, Mexico and the United States write specific rules defining "country of origin".
Increasingly, however, goods are processed in multiple countries using both domestic and foreign materials, thereby complicating the determination of the country of origin. For goods made in one country with no foreign inputs, determination of the country of origin is easy-it is the country of production.
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