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An Eye On New Product Origin Rules

Law360 (February 20, 2009, 12:00 AM EST) -- U.S. Customs and Border Protection (“CBP”) has published a proposed rule that could fundamentally change the way “product origin” is determined in the United States for a number of different purposes, including importation and tariffs, marketing and labeling, and government procurement.

The new rules would apply a “tariff shift” test to most products with international production histories, as under existing NAFTA rules, rather than the “substantial transformation” test that has historically been used in many contexts.

If the new rule goes into effect, some products that...
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