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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations a. Adding the words and producers after the word exporters in the paragraph heading;
b. Redesignating paragraph c2 as paragraph c3;
c. Adding a new paragraph c2.
The addition reads as follows:

163.2 Persons required to maintain records.

c
2 USMCA. Any exporter or producer who completes a certification of origin or a producer who provides a written representation for a good exported from the United States to Canada or Mexico pursuant to the Agreement Between the United States of America, the United Mexican States, and Canada USMCA
must maintain records in accordance with part 182 of this chapter.

PART 182UNITED STATES-MEXICOCANADA AGREEMENT

23. The general and specific authority citations for part 182 are revised to read as follows:

Authority: 19 U.S.C. 66, 1202 General Note 3i and General Note 11, Harmonized Tariff Schedule of the United States HTSUS, 1624, 4513, 4535;
Section 182.1 also issued under 19 U.S.C.
4502;
Subpart D also issued under 19 U.S.C.
1520d;
Subpart E also issued under 19 U.S.C.
4534;
Subpart 182.61 also issued under 19 U.S.C.
4531, 4532;
Subpart G also issued under 19 U.S.C.
4533.

Subpart AGeneral Provisions

24. Add 182.1 to read as follows:

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182.1

General definitions.

The definitions applicable to rules of origin are contained in Appendix A.
This section sets forth the general definitions used throughout this part.
As used in this part, the following terms will have the meanings indicated unless either the context in which they are used requires a different meaning or a different definition is prescribed for a particular section of this part:
Canada, when used in a geographical rather than governmental context, means the Territory of Canada as defined in Appendix A to this part;
Claim for preferential tariff treatment means a claim that a good is entitled to the customs duty rate applicable under the USMCA to an originating good and to an exemption from the merchandise processing fee;

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Commercial importation means the importation of a good into the United States, Canada, or Mexico for the purpose of sale, or any commercial, industrial, or other like use.
Customs duty includes a duty or charge of any kind imposed on or in connection with the importation of a good, and any surtax or surcharge imposed in connection with such importation, but does not include any:
1 Charge equivalent to an internal tax imposed consistently with Article III:2 of the GATT 1994;
2 Fee or other charge in connection with the importation commensurate with the cost of services rendered;
3 Antidumping or countervailing duty; and 4 Premium offered or collected on an imported good arising out of any tendering system in respect of the administration of quantitative import restrictions, tariff-rate quotas, or tariff preference levels;
Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, set out in Annex 1A to the WTO Agreement;
Days means calendar days, and includes Saturdays, Sundays and holidays;
Enterprise means an entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned or controlled, including a corporation, trust, partnership, sole proprietorship, joint venture, association or similar organization;
Exporter means an exporter located in the territory of a USMCA country and an exporter required under this part to maintain records regarding exportations of a good;
GATT 1994 means the General Agreement on Tariffs and Trade 1994, set out in Annex 1A to the WTO
Agreement;
Goods means merchandise, product, article, or material;
Goods of a USMCA country means domestic products as these are understood in the GATT 1994 or such goods as the USMCA country may agree, and includes originating goods of a USMCA country;
HTSUS means the Harmonized Tariff Schedule of the United States as promulgated by the U.S. International Trade Commission;
Identical goods means goods that are the same in all respects, including physical characteristics, quality, and reputation, irrespective of minor differences in appearance that are not
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relevant to a determination of origin of those goods;
Importer means an importer located in the territory of a USMCA country and an importer required under this part to maintain records regarding importations of a good;
Indirect material means a material used or consumed in the production, testing, or inspection of a good but not physically incorporated into the good, or a material used or consumed in the maintenance of buildings or the operation of equipment associated with the production of a good, including:
1 Fuel and energy, 2 Tools, dies, and molds, 3 Spare parts and materials used or consumed in the maintenance of equipment or buildings, 4 Lubricants, greases, compounding materials and other materials used or consumed in production or used to operate equipment or buildings, 5 Gloves, glasses, footwear, clothing, safety equipment, and supplies, 6 Equipment, devices and supplies used or consumed for testing or inspecting the goods, 7 Catalysts and solvents, and 8 Any other material that is not incorporated into the good but if the use in the production of the good can reasonably be demonstrated to be a part of that production;
Material means a good that is used in the production of another good, and includes a part or ingredient;
Mexico, when used in a geographical rather than governmental context, means the Territory of Mexico as defined in Appendix A to this part;
Originating, when used with regard to a good or material, means a good or material qualifying as originating under the rules of origin set forth in General Note 11, HTSUS, and in Appendix A to this part;
Person means a natural person or an enterprise;
Post-importation duty refund claim means a claim filed by the importer of a good for a refund of any excess customs duties at any time within one year after the date of importation of the good where the good would have qualified as an originating good when it was imported into the United States but no claim for preferential tariff treatment was made.
Preferential tariff treatment means the customs duty rate applicable under the USMCA to an originating good;
Producer means a person who engages in the production of a good;
Series of importations means two or more customs entries covering a good arriving the same day from the same exporter and consigned to the same person;

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