Caribbean Community (CARICOM) Costa Rica Free Trade
CARIBBEAN COMMUNITY (CARICOM)
COSTA RICA FREE TRADE ACT
CHAPTER 81:10
Act
4 of 2005
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–150 ..
L.R.O.
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 81:10
CARIBBEAN COMMUNITY (CARICOM)
COSTA RICA FREE TRADE ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Certain provisions of the Agreement to have the force of law.
4. President may grant duty-free treatment.
5. Minister to give effect to Agreement.
6. Minister may amend Schedule.
7. Regulations.
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4 of 2005.
Commencement.
Preamble.
Short title.
Interpretation.
CHAPTER 81:10
CARIBBEAN COMMUNITY (CARICOM)
COSTA RICA FREE TRADE ACT
An Act to give effect to the Free Trade Agreement between
the Caribbean Community and the Government of
Costa Rica.
[24TH FEBRUARY 2005]
WHEREAS the Caribbean Community (CARICOM) and the
Government of Costa Rica have entered into a Free Trade
Agreement in order to, achieve more adequate integration in the
regional and sub-regional economic integration process and a
more significant joint presence at their fora of negotiations, and
develop closer and more dynamic and balanced trade and
investment relations between them, with clear and accurate
guidelines that permit full participation of all economic agents:
Whereas Trinidad and Tobago, as a member of the Caribbean
Community, is obligated to give effect to this Agreement:
And whereas it is necessary, in order to give effect to the
Agreement, to enact national legislation:
1. This Act may be cited as the Caribbean Community
(CARICOM) Costa Rica Free Trade Act.
2. In this Act—
“Agreement” means the Agreement establishing the Free
Trade Area between the Caribbean Community and Costa
Rica executed by CARICOM on behalf of Member States
on 9th March 2004 which is attached as the Schedule to
this Act; and
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Certain
provisions of
the Agreement
to have the
force of law.
President may
grant duty-free
treatment.
Minister to give
effect to
Agreement.
Minister to
amend
Schedule.
“Minister” means the Minister to whom responsibility for trade
is assigned.
3. The provisions specified in Annex III.04.2 and
Chapter IV: Rules of Origin of the Agreement shall have the
force of law in Trinidad and Tobago.
4. The President may by Order—
(a) grant duty-free treatment to all goods
originating in Costa Rica, except those goods
listed in the Schedule;
(b) apply the Most Favoured Nation rate of
duty to those goods, set out in Table A.1
of Annex III. 04. 2 of the Agreement,
originating in Costa Rica in accordance with
the Tariff Elimination Schedule prescribed in
Article 02 of Annex III. 04. 2 of the Agreement;
(c) apply the Most Favoured Nation rate to those
goods which originate in Costa Rica and are set
out in Table B.1 of Annex III. 04. 2 of the
Agreement;
(d) apply a phased reduction in the Most Favoured
Nation rate of duty to those goods set out in
Table C.1 of Annex III. 04. 2 of the Agreement
during the time periods set out in the Table;
(e) grant different preferential treatment to goods
listed in Tables D. 1 and E. 1 of Annex III. 04. 2
of the Agreement.
5. (1) The Minister may, by Order, make such
provisions as he may consider necessary or expedient for giving
effect to any Article of the Agreement, except Article IV.
(2) An Order made under this section shall be subject to
affirmative resolution of Parliament.
6. (1) Where any amendment to theAgreement is accepted
by the Government, the Minister may, by Order, amend the
Schedule by including therein the amendment so accepted.
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(2) An Order made under this section may contain such
consequential, supplemental or ancillary provisions as appears to
the Minister to be necessary or expedient for the purpose of
giving due effect to the amendment accepted as aforesaid and
without prejudice to the generality of the foregoing, may contain
provisions amending references in this Act to specific provisions
of the Agreement.
(3) An Order made under this section shall be subject to
affirmative resolution of the Parliament.
(4) Where the Schedule is amended pursuant to this
section, any reference in this Act or any other instrument to the
Agreement shall, unless the context so requires, be construed as
a reference to the Agreement as so amended.
7. (1) The President may make Regulations in respect of
the conditions under which goods covered by theAgreement will
be traded in the Free Trade Area.
(2) Subject to Regulations made under subsection (1),
the Minister may make Regulations requiring or prohibiting the
doing of anything in relation to which a regulation may be
required to be made under this Act and prescribing penalties for
the contravention or non-compliance with any such regulation.
(3) Regulations made under this section shall be subject
to affirmative resolution of Parliament.
Regulations.
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AGREEMENT
BETWEEN
THE CARIBBEAN COMMUNITY (CARICOM),
ACTING ON BEHALF OF THE GOVERNMENTS OF
ANTIGUA AND BARBUDA, BARBADOS, BELIZE,
DOMINICA, GRENADA, GUYANA, JAMAICA,
ST. KITTS AND NEVIS, SAINT LUCIA, ST.
VINCENTAND THE GRENADINES, SURINAME AND
TRINIDAD AND TOBAGO
AND
THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA
The Caribbean Community (CARICOM), acting on behalf of the
Governments of Antigua and Barbuda, Barbados, Belize, Dominica, Grenada,
Guyana, Jamaica, St. Kitts and Nevis, Saint Lucia, St. Vincent and the
Grenadines, Suriname and Trinidad and Tobago, of the one part, and the
Government of the Republic of Costa Rica, of the other part (hereinafter
collectively referred to as “the Parties”),
HAVING DECIDED TO:
strengthen the special bonds of friendship, solidarity and cooperation
between their Governments and peoples;
contribute to the harmonious development and expansion of world and
regional trade and provide a catalyst for broader international cooperation;
improve their existing trade relations and create opportunities for further
economic development;
create an expanded and more secure market for the goods produced in and
the services supplied in or from their territories;
reduce distortions in trade;
establish clear and mutually beneficial rules to regulate trade between the
Parties;
ensure a transparent and predictable commercial framework for the
planning of productive activities and investment;
observe their respective rights and obligations under the Marrakesh
Agreement establishing the World Trade Organization and other relevant
bilateral and multilateral cooperation instruments, or economic integration
instruments to which they are party;
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promote regional integration in the Americas;
enhance the competitiveness of their companies in the world markets;
create new employment opportunities, improve working conditions and
the quality of life in their respective territories;
undertake all of the above in a manner consistent with the protection and
conservation of the environment;
promote sustainable development;
preserve their capacity to safeguard public welfare;
promote the active participation of private economic agents in the efforts
of deepening and broadening the economic relations between the Parties;
HAVE AGREED AS FOLLOWS:
PART ONE: GENERAL PART
CHAPTER 1: INITIAL PROVISIONS AND INSTITUTIONAL
ARRANGEMENTS
SECTION 1: INITIAL PROVISIONS
ARTICLE I.01
ESTABLISHMENT OF THE FREE TRADE AREA
The Parties, consistently with Article XXIV (Territorial Application—
Frontier Traffic—Customs Unions and Free Trade Areas) of the General
Agreement on Tariffs and Trade and its related Understanding of the
Marrakesh Agreement establishing the World Trade Organization, hereby
establish a free trade area.
ARTICLE I.02
OBJECTIVES
1. The objectives of this Agreement, as elaborated more specifically
through its principles, rules and provisions, including national treatment,
most-favoured-nation treatment and transparency, as referred to in this
Agreement, are to:
(a) establish and develop a free trade area in accordance with its
provisions;
(b) stimulate trade expansion and diversification between the
Parties;
(c) eliminate barriers to trade and facilitate the cross-border
movement of goods and services between the territories of
the Parties;
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(d) promote conditions of fair competition in the free trade area;
(e) increase substantially investment opportunities in the
territories of the Parties;
(f) create effective procedures for the implementation and
application of this Agreement, for its joint administration
and for the resolution of disputes;
(g) promote regional integration in the Americas and contribute
to the progressive elimination of barriers to trade and
investment; and
(h) establish a framework for further bilateral, regional and
multilateral cooperation to expand and enhance the benefits
of this Agreement.
2. The Parties shall interpret and apply the provisions of this
Agreement in a manner consistent with its objectives set out in paragraph 1
and in accordance with applicable rules of international law.
ARTICLE I.03
RELATION TO OTHER AGREEMENTS
1. The Parties affirm their existing rights and obligations with respect
to each other under the Marrakesh Agreement establishing the World Trade
Organization and other agreements to which such Parties are party.
2. In the event of any inconsistency between this Agreement and such
other agreements, this Agreement shall prevail to the extent of the
inconsistency, except as otherwise provided in this Agreement.
ARTICLE I.04
OBSERVANCE OF THE AGREEMENT
Each Party shall ensure, in conformity with its applicable law and
constitutional provisions, compliance with the provisions of this Agreement
in its territory.
ARTICLE I.05
SUCCESSION OF TREATIES
Any reference to any other international treaty or agreement shall be
understood to be in the same terms as any successor treaty or agreement to
which the Parties are party.
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SECTION II: INSTITUTIONAL ARRANGEMENTS
ARTICLE I.06
THE JOINT COUNCIL
1. The Parties hereby establish the Joint Council of Costa Rica and
CARICOM comprising public officials of both Parties at the ministerial level,
or their representatives.
2. The Joint Council (hereinafter referred to as “the Council”) shall
have the following functions:
(i) supervise the implementation and administration of
the Agreement, its Annexes and Appendices and
oversee their further elaboration;
(ii) instruct the Committees, Subcommittees and Working
Groups identified in Article I.08 to carry out those
functions assigned to them respectively and any other
function pertaining to the objectives of thisAgreement;
(iii) supervise the functions of the Free Trade
Coordinators and consider the recommendations of
the Free Trade Coordinators;
(iv) establish and supervise the work of all committees,
subcommittees and working groups created in this
Agreement;
(v) resolve any dispute which may arise out of the
interpretation, execution or non-compliance of
this Agreement, its Annexes and Appendices in
accordance with its powers under Chapter XIII
(Dispute Settlement);
(vi) establish and delegate responsibilities to ad hoc or
standing committees, working groups or expert
groups;
(vii) supervise the work of all ad hoc or standing
committees, working groups and expert groups
established under this Agreement, its Annexes and
Appendices;
(viii) consult with governmental, inter-governmental and
non-governmental entities as necessary;
(ix) keep this Agreement, its Annexes and Appendices
under periodic review, evaluating the functioning
of this Agreement and recommending measures it
considers suitable to better achieve its objective;
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(x) carry out any other functions which may be assigned
to it by the Parties;
(xi) consider any other matter that may affect the
operation of this Agreement, its Annexes and
Appendices and take appropriate action.
3. The Council shall convene in ordinary session at least once a year and
in extraordinary sessions on the request of either Party.
4. The meetings of the Council shall be chaired jointly by the Parties.
All decisions shall be taken by consensus. The decisions of the Council shall
have the status of recommendations to the Parties.
5. Meetings shall be held alternately in Costa Rica and in a Member State of
CARICOMor such other place asmay be agreed betweenCostaRica andCARICOM.
6. TheAgenda for each ordinary meeting of the Council shall be settled
by the Parties in good time before each proposed meeting.
7. Each Party shall designate a representative to transmit and receive
correspondence on its behalf.
8. The Council may modify in fulfillment of the objectives of this
Agreement:
(a) the schedule of a Party contained in Annex III.04.2 (Tariff
Elimination), with the purpose of adding one or more goods
excluded in the Tariff Elimination Schedule;
(b) the phase-out periods established in Annex III.04.2 (Tariff
Elimination), with the purpose of accelerating the tariff
reduction;
(c) the rules of origin established in Annex IV.03 (Specific
Rules of Origin); and
(d) the Uniform Regulations on Customs Procedures.
9. The modifications referred to in paragraph 8 shall be implemented
by the Parties in conformity with Annex I.06.9.
ARTICLE I.07
THE FREE TRADE COORDINATORS
1. The Parties hereby establish the Free Trade Coordinators,
comprising the Ministry of Foreign Trade in the case of Costa Rica and the
Caribbean Community (CARICOM)
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CARICOM Secretariat in the case of CARICOM, whose primary function
shall be to monitor the implementation of this Agreement.
2. The Free Trade Coordinators (hereinafter called “the Coordinators”), shall:
(a) recommend to the Council the establishment of other
committees, subcommittees and working groups as they
consider necessary to assist the Council;
(b) follow up any decisions taken by the Council, where
appropriate;
(c) submit and receive notifications pursuant to this Agreement,
unless otherwise provided in this Agreement;
(d) consider any other matter that may affect the operation of
this Agreement as mandated by the Council;
(e) arrange for administrative assistance to be provided to
arbitration panels and to the work of the committees
established under this Agreement;
(f) recommend to the Council the levels of remuneration and
expenses that will be paid to the appointed panelists, experts,
and their aides, in accordance with this Agreement as set out
in Annex I.07.2(f).
3. The Coordinators shall meet as often as required.
4. Each Party may request in writing at any time that a special meeting
of the Coordinators be held. Such a meeting shall take place within thirty (30)
days of receipt of the request.
ARTICLE I.08
COMMITTEES
1. There shall be the following Standing Committees which shall
operate under the guidance of the Council:
(i) Committee on Market Access;
(ii) Committee on Trade in Services and Investment;
(iii) Committee on Anti-Competitive Business Practices;
(iv) Any other Committee which may be established by
the Council pursuant to Article I.07.2(a).
2. Each Committee referred to in paragraph 1 shall, inter alia, have the
following functions:
(i) monitor the implementation of the provisions of the
Agreement, Annex or Appendix within its area of
competence;
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(ii) consider all matters relating to the subject area
within its competence, including such matters as may
be referred to it by the Parties;
(iii) consult on issues of mutual concern relating to its
subject area which arise in international fora;
(iv) facilitate information exchange among the Parties;
(v) create working groups or convene expert panels on
topics of mutual interest relating to its subject area;
(vi) any other function assigned to it by the Council.
3. Each Committee shall meet as may be agreed by its members and
shall regulate its own proceedings.
ANNEX I.06.9
IMPLEMENTATION OF THE MODIFICATIONS APPROVED BY THE
JOINT COUNCIL
The Parties shall implement the decisions of the Council to which Article
I.06.9 refers, in accordance with the following procedures:
(a) in the case of Costa Rica, decisions of the Council shall be
equivalent to the instrument referred to in Article 121.4 third
paragraph of the Political Constitution of the Republic of
Costa Rica; and
(b) in the case of CARICOM, in accordance with the
necessary parliamentary approval.
ANNEX I.07.2(F)
REMUNERATION AND PAYMENT OF EXPENSES
1. The Council shall establish the levels of remuneration and expenses
that will be paid to the panelists, experts and their aides.
2. The remuneration of panelists, experts and their aides, their travel and
accommodation expenses, and all approved general expenses, shall be borne
equally by the Parties, unless otherwise agreed by consensus by the Parties.
3. Each panelist, expert and their aides, shall keep a record and render
a final account of their time and approved expenses, and they shall keep a
record and render a final account of all approved general expenses.
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CHAPTER II: GENERAL DEFINITIONS
ARTICLE II.01
DEFINITIONS OF GENERAL APPLICATION
For the purposes of this Agreement, except otherwise specified:
citizen means, for each Party, a national of that Party as set out in
Annex II.01;
Coordinators means the Free Trade Coordinators established by Article I.07
(The Free Trade Coordinators);
Customs Valuation Agreement means the Agreement on Implementation of
Article VII of the General Agreement on Tariffs and Trade of 1994,
including its interpretative notes, which is part of the WTOAgreement;
days means calendar days, including weekends and holidays;
Dispute Settlement Understanding (DSU) means the Understanding on
Rules and Procedures Governing the Settlement of Disputes, which is
part of the WTO Agreement;
enterprise means any entity constituted or organized under applicable law,
whether or not for profit, and whether privately owned or
governmentally owned, including any corporation, trust, partnership,
sole proprietorship, joint venture or other association;
exporting Party means the Party from whose territory a good or service
is exported;
GATT 1994 means the General Agreement on Tariffs and Trade of 1994,
which is part of the WTO Agreement;
Harmonized System means the Harmonized Commodity Description and
Coding System, including the General Classification Rules and its
explanatory notes;
Heading means a tariff classification code of the Harmonized System at the
four-digit level;
Import Duty includes customs duty as defined in the national legislation of
each Party and all other duties, taxes or charges that are collected on or
in connection with the importation of goods, but does not include—
(a) charges equivalent to an internal tax imposed consistently
with the relevant provisions of GATT 1994;
(b) any anti-dumping or countervailing duty that is applied
pursuant to a Party’s domestic law;
(c) any fee or other charge in connection with importation
commensurate with the cost of services rendered; and
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(d) any 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;
importing Partymeans the Party into whose territory a good or service is imported;
identical or similar goods means “identical goods” and “similar goods”,
respectively, as defined in the Customs Valuation Agreement;
Joint Council means the Joint Council of Costa Rica and CARICOM
established by Article I.06 (The Joint Council);
less developed countries of CARICOM means Antigua and Barbuda, Belize,
Dominica, Grenada, Saint Lucia, St. Kitts and Nevis, St. Vincent and
the Grenadines;
measure includes any law, regulation, procedure, administrative requirement
or practice;
national means a natural person who has the nationality or citizenship of a
Party in accordance with its legislation. It is understood that the term
equally applies to a natural person who, in accordance with that Party’s
legislation, has the status of permanent resident in its territory;
originating goodmeans a good complying with the rules of origin established
in Chapter IV (Rules of Origin);
Party means any State with respect to which this Agreement has entered
into force in accordance with Article XIX.03 (Entry into Force) and
Article XIX.04 (Provisional Application);
person means a natural person or legal person;
subheading means a tariff classification code of the Harmonized System at
the six-digit level;
Tariff Elimination Schedule means the schedule referred to in the Annexes
on Tariff Elimination Schedule to Chapter III (National Treatment and
Market Access of Goods);
territory means, for each Party, the territory of that Party as set out in
Annex II.01; and
WTO Agreement means the Marrakesh Agreement Establishing the World
Trade Organization, done on April 15, 1994, or any successor
Agreement to which both Parties are party.
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ANNEX II.01
SPECIFIC DEFINITIONS
For the purposes of this Agreement, unless otherwise specified:
Citizen means:
(a) with respect to Costa Rica:
(i) Costa Ricans by birth, according to Article 13 of the
Political Constitution of the Republic of Costa Rica;
(ii) Costa Ricans by naturalization, according to
Article 14 of the Political Constitution of the
Republic of Costa Rica;
(b) with respect to CARICOM:
(i) persons deriving their status as citizens of Member
States of CARICOM from the law enforced in
individual Member States of CARICOM;
(ii) persons having a connection with the Member States
of CARICOM of a kind which entitles them to be
regarded as belonging to or, if it be so expressed, as
being natives or residents of those States for the
purposes of the laws thereof relating to immigration;
territory means:
(a) with respect to Costa Rica, the territory, air space and maritime
areas, including the seabed and subsoil adjacent to the outer
limit of the territorial sea, over which it exercises, in accordance
with international law and its domestic law, sovereign rights
with respect to the natural resources of such areas; and
(b) for each Member State of CARICOM its territory, air space as
well as its maritime areas, including the seabed and subsoil
adjacent to the outer limit of the territorial sea, over which that
State exercises, in accordance with international law,
jurisdiction and sovereign rights for the purpose of exploration
and exploitation of the natural resources of such areas.
PART TWO: TRADE IN GOODS
CHAPTER III: NATIONAL TREATMENT AND ACCESS OF GOODS
TO THE MARKET
ARTICLE III.01
DEFINITIONS
For purposes of this Chapter:
agricultural goodsmeans the products listed inAnnex 1 (Product Coverage) of
the WTOAgreement on Agriculture with any subsequent changes agreed
in the WTO to be automatically effective for this Agreement;
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advertising films means recorded visual media, with or without soundtracks,
consisting essentially of images showing the nature or operation of
goods or services offered for sale or lease by a person established or
resident in the territory of either Party, provided that the films are of a
kind suitable for exhibition to prospective customers but not for
broadcast to the general public, and provided that they are imported in
packets each of which contains no more than one copy of each film and
that do not form part of a larger consignment;
commercial samples of negligible value means commercial samples having
a value, individually or in the aggregate as shipped, of not more than
one (1) U.S. dollar, or the equivalent amount in the currency of the other
Party, or so marked, torn, perforated or otherwise treated that they are
unsuitable for sale or for use except as commercial samples;
consumed means:
(a) actually consumed; or
(b) further processed or manufactured so as to result in a
substantial change in value, form or use of the good or in the
production of another good;
duty-free means free of customs duties;
export subsidies means subsidies contingent upon export performance
including the export subsidies listed in Article 9 (Export Subsidy
Commitments) of the WTO Agreement on Agriculture; any subsequent
changes agreed to in theWTO would be automatically incorporated into
this Agreement;
goods imported for sports purposesmeans sports requisites for use in sports
contests, demonstrations or training in the territory of the Party into
whose territory such goods are imported;
goods intended for display or demonstration includes their component
parts, ancillary apparatus and accessories;
printed advertising materials means the brochures, pamphlets, leaflets, trade
catalogues, yearbooks published by trade associations, tourist
promotional materials and posters, that are used to promote, publicise or
advertise a good or service, are essentially intended to advertise a good or
service, and are supplied free of charge, classified in Chapter 49 of the
Harmonised System; and
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repair or alteration does not include an operation or process that either
destroys the essential characteristics of a good or creates a new or
commercially different good.
ARTICLE III.02
SCOPE OF APPLICATION
This Chapter shall apply to the trade in goods between the Parties.
SECTION I: NATIONAL TREATMENT
ARTICLE III.03
NATIONAL TREATMENT
1. Each Party shall accord national treatment to the goods of the other
Party, in accordance with Article III (National Treatment on Internal Taxation
and Regulation) of the GATT 1994, including its interpretative notes. To this
end,Article III (National Treatment on Internal Taxation and Regulation) of the
GATT 1994, including its interpretative notes and any other equivalent
provision of a successor agreement to which both Parties are party, are
incorporated into and made part of this Agreement.
2. The provisions of paragraph 1 regarding national treatment shall
mean, in relation to a Party, including its departments, municipalities or
provinces, a treatment no less favourable than the most favourable treatment
accorded by that Party, including its departments, municipalities or provinces,
to any, directly competitive or substitutable goods of domestic origin.
SECTION II: TARIFFS
ARTICLE III.04
TARIFF ELIMINATION
1. Except as otherwise provided in this Agreement, neither Party may
increase any existing customs duty, or adopt a new customs duty, on an
originating good.
2. Except as otherwise provided in this Agreement, each Party shall
progressively eliminate its customs duties on originating goods in accordance
with the Tariff Elimination Schedule established in Annex III.04.2.
3. Upon the request of any Party, the Parties shall consult to consider
the possibility of accelerating the elimination of customs duties set out in
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Annex III.04.2 or incorporating into one Party’s Tariff Elimination Schedule
goods not subject to the elimination schedule. An agreement between the
Parties to accelerate the elimination of a customs duty on a good or to include
a good in a Party’s elimination schedule shall supersede any duty rate or staging
category determined pursuant to their Schedules for such good when approved
by each such Party in accordance with its applicable legal procedures.
4. The agreement adopted based on paragraph 3, regarding the
accelerated elimination of a customs duty for an originating good, shall
prevail over any customs duty or tariff elimination schedule set out in the
Annexes to this Article.
5. Notwithstanding paragraphs 1 and 2, any Party may maintain or
increase a customs duty as authorised by the Dispute Settlement Understanding
of the WTO, or any other agreement under the WTOAgreement.
6. Originating goods produced in free trade zones in the territory of a
Party shall be subject to the most favoured nation treatment (MFN tariff) when
imported into the territory of the other Party, except for the products included
in Annex III.04.6, which shall benefit from the Tariff Elimination Schedule.
7. The Parties agree that, from the date of entry into force of this
Agreement, and in accordance with the functions assigned to the Joint
Council in Article I.06.8(a), upon request of either Party, the Joint Council
may meet with the purpose of including other goods into Annex III.04.6.
ARTICLE III.05
TEMPORARY ADMISSION OF GOODS
1. Each Party shall grant temporary duty-free admission for:
(a) professional equipment necessary for carrying out the
business activity, trade or profession of a business person
who qualifies for temporary entry pursuant to Chapter XI
(Temporary Entry);
(b) equipment for the press or for sound or television
broadcasting and cinematographic equipment;
(c) goods imported for sports purposes and goods intended for
display or demonstration; and
(d) commercial samples and advertising films,
imported from the territory of the other Party regardless of their origin and
regardless of whether like, directly competitive or substitutable goods are
available in the territory of the Party.
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2. Except as otherwise provided in this Agreement, neither Party may
condition the temporary duty-free admission of a good referred to in
paragraph 1(a), (b) or (c), other than to require that such good:
(a) be imported by a national or resident of the other Party who
seeks temporary entry;
(b) be used solely by or under the personal supervision of such
person in the exercise of the business activity, trade or
profession of that person;
(c) not be sold or leased while in its territory;
(d) be accompanied by a bond in an amount no greater than one
hundred and ten per cent (110%) of the charges that would
otherwise be owed on entry or final importation, or by another
form of security, releasable on exportation of the good;
(e) be capable of identification when exported;
(f) be exported on the departure of that person or within such
other period of time as is reasonably related to the purpose
of the temporary admission; and
(g) be imported in no greater quantity than is reasonable for its
intended use.
3. Except as otherwise provided in this Agreement, neither Party may
condition the temporary duty-free admission of a good referred to in
paragraph 1(d), other than to require that such good:
(a) be imported solely for the solicitation of orders for goods, or
services provided from the territory, of the other Party or
non-Party;
(b) not be sold, leased or put to any use other than exhibition or
demonstration while in its territory;
(c) be capable of identification when exported;
(d) be exported within such period as is reasonably related to the
purpose of the temporary admission; and
(e) be imported in no greater quantity than is reasonable for its
intended use.
4. When a good is temporarily admitted duty-free under paragraph 1
and does not fulfill all the required conditions set out in paragraphs 2 and 3,
the importing Party may impose:
(a) the customs duty and any other charge on the good that would
be owed on entry or final importation of such good; and
(b) any criminal, civil or administrative sanction that the
circumstances determine.
Caribbean Community (CARICOM)
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5. Subject to Chapters IX (Services) and X (Investment):
(a) each Party shall allow a container used in international traffic
that enters its territory from the territory of the other Party to
exit its territory on any route that is reasonably related to the
economic and prompt departure of such container;
(b) neither Party may require any bond or impose any penalty or
charge solely by reason of any difference between the port
of entry and the port of departure of a container;
(c) neither Party may condition the release of any obligation,
including any bond, that it imposes in respect of the entry of
a container into its territory on its exit through any particular
port of departure; and
(d) neither Party may require that the carrier bringing a
container from the territory of the other Party into its
territory be the carrier that takes such container to the
territory of the other Party.
ARTICLE III.06
DUTY-FREE ENTRY OF CERTAIN COMMERCIAL SAMPLES AND
PRINTED ADVERTISING MATERIALS
Each Party shall grant duty-free entry to commercial samples of
negligible value and to printed advertising materials imported from the
territory of another Party, regardless of their origin, but may require that:
(a) such samples be imported solely for the solicitation of orders
for goods or services provided from the territory of the other
Party or non-Party; or
(b) such advertising materials be imported in packets each of
which contains no more than one copy of each such material
and that neither such materials nor packets form part of a
larger consignment.
ARTICLE III.07
GOODS RE-ENTERED AFTER REPAIR, RENOVATION OR
IMPROVEMENT
Where a non-originating good is exported by a Party to the territory of the
other Party for repair, renovation or improvement, that good on its re-entry shall
be granted treatment as an originating good if the value of the non-originating
materials used in the repair, renovation or improvement did not exceed sixty-five
per cent (65%) of the cost of repair, renovation or improvement. This treatment
is subject to the condition that the essential character of the good is not altered.
Caribbean Community (CARICOM)
L.R.O.
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The temporary admission of a good exported by a Party to the territory of
the other Party for repair, renovation or improvement shall be allowed without
the payment of customs duty for that period of time as stated in the national
law of that Party.
ARTICLE III.08
CUSTOMS VALUATION
The Customs Valuation Agreement and any successor agreement shall
govern the customs valuation rules applied by the Parties to their
reciprocal trade.
SECTION III: NON-TARIFF MEASURES
ARTICLE III.09
IMPORT AND EXPORT RESTRICTIONS
1. Subject to this Article and the Parties’ rights set out in Article XX
(General Exceptions) and Article XXI (Security Exceptions) of the GATT
1994, the Parties shall eliminate immediately all non-tariff barriers upon entry
into force of this Agreement.
2. Except where otherwise provided in this Agreement, the Parties
undertake not to apply restrictions with respect to trade under this Agreement.
3. The Parties affirm that the GATT 1994 rights and obligations
prohibit, in any circumstances in which any form of restriction is prohibited,
export price requirements and, except as permitted in the enforcement of
countervailing and anti-dumping orders and undertakings, import price
requirements.
4. Where one of the Parties maintains a prohibition or restriction on the
importation or exportation of goods originating in the other Party, that Party
shall establish that the measure is compatible with this Agreement or the
WTO Agreement as the case may require.
5. The Parties agree not to introduce any new prohibition or restriction
on the importation or exportation of goods originating in the other Party, after
the entry into force of this Agreement.
ARTICLE III.10
CUSTOMS USER FEES
Customs User Fees shall be applied according to the internal legislation
of each Party.
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ARTICLE III.11
CONSULAR FEES
Upon entry into force of this Agreement, no Party shall require consular
fees or duties, nor shall require consular formalities for originating goods of
the other Party.
ARTICLE III.12
MARKS OF ORIGIN
The Parties confirm their rights and obligations under Article IX
(Marks of Origin) of the GATT 1994 and any successor agreement.
ARTICLE III.13
SUPPORT, INTERNAL AID AND SUBSIDIES TO EXPORTS
The Parties hereby reaffirm their rights and obligations derived from the
relevant WTO Agreements in all that pertains to support, internal aid, and
subsidies to exports.
ARTICLE III.14
EXPORT COMPETITION AND DOMESTIC SUPPORT FOR
AGRICULTURAL GOODS
1. To the extent possible, the Parties share the objective of the
progressive reduction and elimination of all forms of trade distorting export
competition measures on agricultural goods and shall pursue expansion in the
scope of coverage of disciplines in this area.
2. The Parties share, to the extent possible, the objective of achieving
the maximum possible reduction or elimination of domestic support measures
that distort production and trade of agricultural goods.
3. To the extent possible, the Parties agree to cooperate within the
Agriculture Negotiations in the WTO to achieve the effective implementation
of Special and Differential Treatment Provisions for developing countries and
a review of the criteria for the “green box” category to ensure that it does not
distort production and trade.
ARTICLE III.15
EXPORT TAXES
Except as set out inAnnex III.15 neither Partymay adopt or maintain any duty,
tax or other charge on the export of any good to the territory of the other Party.
Caribbean Community (CARICOM)
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ARTICLE III.16
SAFEGUARD MEASURES
1. The Parties reaffirm their rights and obligations under Article XIX
(Emergency Action on Imports of Particular Products) of the GATT 1994, the
WTO Agreement on Safeguards, and any other successor agreement.
2. The Parties shall, within one (1) year of the entry into force of this
Agreement, meet to review this Article.
ARTICLE III.17
CONSULTATIONS AND COMMITTEE ON MARKET ACCESS
1. The Parties hereby establish a Committee on Market Access,
comprising representatives of each Party.
2. The Committee on Market Access shall meet periodically, and at any
other time on the request of either Party or the Council, to ensure the effective
implementation and administration of Chapter III (National Treatment and
Access of Goods to the Market), Chapter IV (Rules of Origin), Chapter V
(Customs Procedures), Chapter VII (Sanitary and Phytosanitary Measures),
Chapter VIII (Technical Barriers to Trade) and any Uniform Regulations. In
this regard, the Committee on Market Access shall:
(a) monitor the implementation and administration by the
Parties of Chapter III (National Treatment and Access of
Goods to the Market), Chapter IV (Rules of Origin),
Chapter V (Customs Procedures), Chapter VII (Sanitary
and Phytosanitary Measures), Chapter VIII (Technical
Barriers to Trade) and any Uniform Regulations to ensure
their uniform interpretation;
(b) at the request of either Party, review any proposed
modification of or addition to Chapter III (National
Treatment and Access of Goods to the Market), Chapter IV
(Rules of Origin), Chapter V (Customs Procedures), Chapter
VII (Sanitary and Phytosanitary Measures), Chapter VIII
(Technical Barriers to Trade) or any Uniform Regulations;
(c) recommend to the Council any modification of or addition to
Chapter III (National Treatment and Access of Goods to the
Market), Chapter IV (Rules of Origin), Chapter V (Customs
Procedures), Chapter VII (Sanitary and Phytosanitary
Measures), Chapter VIII (Technical Barriers to Trade) or any
Uniform Regulations and to any other provision of this
Agreement as may be required to conform with any change
to the Harmonized System; and
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
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(d) consider any other matter relating to the implementation and
administration by the Parties of Chapter III (National
Treatment and Access of Goods to the Market), Chapter IV
(Rules of Origin), Chapter V (Customs Procedures), Chapter
VII (Sanitary and Phytosanitary Measures), Chapter VIII
(Technical Barriers to Trade) and any Uniform Regulations
referred to it by a Party; and
(e) recommend to the Council the establishment of
subcommittees or technical groups, where appropriate.
3. Each Party shall to the greatest extent practicable, take all necessary
measures to implement any modification of or addition to Chapter III
(National Treatment and Access of Goods to the Market), Chapter IV (Rules
of Origin), Chapter V (Customs Procedures), Chapter VII (Sanitary and
Phytosanitary Measures), Chapter VIII (Technical Barriers to Trade) and any
Uniform Regulations within one hundred and eighty (180) days after the
Council agrees on such modification or addition, or in such time as the
relevant amendment to the legislation may be enacted.
4. The Parties shall convene on the request of either Party a meeting of
their officials responsible for customs, immigration, inspection of food and
agricultural products, border inspection facilities, and regulation of
transportation for the purpose of addressing issues related to movement of
goods through the Parties’ ports of entry.
5. Nothing in Chapter III (National Treatment and Access of Goods to
the Market) shall be construed to prevent a Party from issuing a determination
of origin or an advance ruling relating to a matter under consideration by the
Committee on Market Access or from taking such other action as it considers
necessary, pending a resolution of the matter under this Agreement.
ANNEX III.04.2
COSTA RICA—CARICOM
TARIFF ELIMINATION SCHEDULE
ARTICLE 01
GENERAL PRINCIPLES
1. All the legal provisions of this Agreement shall be applicable to the
contents of this Annex.
2. The Parties agree that the products not included in this Annex
will benefit from free trade immediately upon the entry into force of
this Agreement.
Caribbean Community (CARICOM)
L.R.O.
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3. Costa Rica will grant immediate free access, unilaterally, to all
originating goods from the LDC members of CARICOM, except for products
included in Tables B.1 and B.2 (Excluded Products), and for goods comprised
in Tables E.1 and E.2.
4. The less developed countries (LDC) members of CARICOM shall
not be required to grant preferential treatment to originating goods from Costa
Rica. Notwithstanding, should any of the LDC members of CARICOM grant
preferential treatment to originating goods from a country not Party to this
Agreement, such treatment shall be granted immediately to Costa Rica.
5. The Parties agree that from the date of entry into force of this
Agreement and in accordance with the functions assigned to the Joint Council
in Article 1.06.2, upon request of either of the Parties, the Joint Council may
meet with the purpose of improving market access conditions for goods from
both Parties.
6. For the purposes of reciprocal trade between Costa Rica and the
Member States of CARICOM, the Most Favoured Nation (MFN) tariff rate
applicable by the Parties by January 01, 2003 is bound for products listed in
this Annex.
7. The Parties agree that there will be a special and differentiated
treatment for Oils, Fats, and Soaps, in accordance with the provisions of the
present Annex.
ARTICLE 02
TARIFF ELIMINATION SCHEDULE
A. Special treatment for selected agricultural products
The Parties agree that upon entry into force of this Agreement, the
products included in Tables A.1 and A.2 will be subject to the Most Favoured
Nation (MFN) applied tariff during the months specified. Where a period is
not indicated, the tariff line is subject to free trade.
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
26 Chap. 81:10 Costa Rica Free Trade
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Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
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A.
1—
Co
nt’
d
Tr
ea
tm
en
to
fs
ele
cte
da
gr
icu
ltu
ra
lp
ro
du
cts
im
po
rte
di
nt
oC
AR
IC
OM
fro
m
Co
sta
Ri
ca
as
pr
ov
ide
d
for
in
Ar
tic
le
02
of
An
ne
xI
II.
04
.2—
Co
nti
nu
ed
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
28 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
C
A
R
IC
O
M
T
a
r
if
f
L
in
e
D
es
c
ri
p
ti
o
n
B
a
rb
a
d
o
s
G
u
y
a
n
a
J
a
m
a
ic
a
S
u
ri
n
a
m
e
T
r
in
id
a
d
a
n
d
T
o
b
a
g
o
E
x
.
0
8
0
4
5
0
M
an
g
o
an
d
g
u
av
a
Ju
n
e-
Ja
n
Ja
n
-D
ec
A
p
ri
l-
S
ep
t
0
8
0
7
1
1
W
at
er
m
el
o
n
s
O
ct
-M
ay
Ju
n
e-
N
o
v
Ja
n
-D
ec
Ja
n
-M
ar
ch
0
8
0
7
1
9
M
el
o
n
s
O
ct
-M
ay
0
8
0
7
2
0
P
ap
ay
a
Ja
n
-D
ec
N
o
v
-
M
ar
ch
Ja
n
-D
ec
M
ar
ch
-O
c
t
0
8
1
0
9
0
1
S
ap
o
d
il
la
s
D
ec
-A
u
g
Ja
n
-D
ec
0
8
1
0
9
0
2
G
o
ld
en
A
p
p
le
s
A
u
g
-
M
ar
ch
Ja
n
-D
ec
0
8
1
0
9
0
4
S
o
u
rs
o
p
Ja
n
-D
ec
0
8
1
0
9
0
6
C
ar
am
b
o
la
Ju
ly
-S
ep
t,
D
ec
-A
p
ri
l
Ja
n
-D
ec
0
8
1
0
9
0
7
A
k
ee
(a
ck
e
e)
(B
li
g
h
ia
sa
p
id
a
K
o
en
ig
)
Ja
n
-D
ec
0
9
0
4
P
ep
p
er
o
f
g
en
u
s
P
ip
er
;
d
ri
ed
o
r
cr
u
sh
ed
o
r
g
ro
u
n
d
fr
u
it
s
o
f
g
en
u
s
C
ap
si
cu
m
o
r
o
f
g
en
u
s
P
im
en
ta
M
ay
-O
ct
Ja
n
-D
ec
0
9
1
0
1
0
G
in
g
er
Ja
n
-D
ec
1
2
0
2
G
ro
u
n
d
n
u
ts
,
n
o
t
ro
as
te
d
o
r
o
th
er
-
w
is
e
co
o
k
ed
,
w
h
e
th
er
o
r
n
o
t
sh
el
le
d
o
r
b
ro
k
en
Ja
n
-D
ec
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 29
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
C
R
T
a
ri
ff
li
n
e
H
S
2
0
0
2
D
es
c
ri
p
ti
o
n
0
4
0
3
B
u
tt
er
m
il
k
,
cu
rd
le
d
m
il
k
an
d
cr
ea
m
,
y
o
g
u
rt
,
k
ep
h
ir
an
d
o
th
er
fe
rm
en
te
d
o
r
a
ci
d
if
ie
d
m
il
k
an
d
cr
ea
m
,
w
h
e
th
er
o
r
n
o
t
co
n
ce
n
tr
at
ed
o
r
co
n
ta
in
in
g
ad
d
ed
su
g
ar
o
r
o
th
er
sw
e
e
te
n
in
g
m
a
tt
er
o
r
fl
av
o
u
re
d
o
r
co
n
ta
in
in
g
ad
d
ed
fr
u
it
,
n
u
ts
o
r
co
co
a
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
0
7
0
1
9
0
0
0
O
th
er
Ju
ly
to
D
e
ce
m
b
er
(J
am
ai
ca
)
0
7
0
2
0
0
0
0
T
o
m
a
to
es
,
fr
e
sh
o
r
ch
il
le
d
M
ay
to
N
o
v
em
b
er
(B
ar
b
ad
o
s,
G
u
y
an
a
,
T
ri
n
id
ad
an
d
T
o
b
ag
o
)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
0
7
0
3
1
0
1
1
Y
el
lo
w
A
u
g
u
st
to
N
o
v
em
b
er
(B
ar
b
ad
o
s)
0
7
0
3
1
0
1
2
W
h
it
e
A
u
g
u
st
to
N
o
v
em
b
er
(B
ar
b
ad
o
s)
0
7
0
3
1
0
1
3
R
ed
A
u
g
u
st
to
N
o
v
em
b
er
(B
ar
b
ad
o
s)
0
7
0
3
1
0
1
9
O
th
er
s
A
u
g
u
st
to
N
o
v
em
b
er
(B
ar
b
ad
o
s)
0
7
0
3
1
0
2
0
S
h
al
lo
ts
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
E
x
0
7
0
4
1
0
0
0
C
au
li
fl
o
w
er
an
d
h
e
ad
ed
b
ro
c
co
li
(o
n
ly
ca
u
li
fl
o
w
er
)
S
ep
te
m
b
er
to
M
ay
(B
ar
b
ad
o
s,
T
ri
n
id
ad
an
d
T
o
b
ag
o
)
E
x
0
7
0
4
9
0
0
0
O
th
er
s
(o
n
ly
c
ab
b
ag
e)
A
p
ri
l
to
D
ec
em
b
er
(B
ar
b
ad
o
s,
T
ri
n
id
ad
an
d
T
o
b
ag
o
)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(G
u
y
an
a,
Ja
m
a
ic
a)
0
7
0
5
1
1
0
0
C
ab
b
ag
e
le
tt
u
ce
O
ct
o
b
er
to
Ja
n
u
ar
y
(B
ar
b
ad
o
s,
T
ri
n
id
ad
an
d
T
o
b
ag
o
)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
TA
BL
E
A.
2
Tr
ea
tm
en
to
fs
ele
cte
da
gr
icu
ltu
ra
lp
ro
du
cts
im
po
rte
di
nt
oC
os
ta
Ri
ca
fro
m
CA
RI
CO
M
M
DC
sa
sp
ro
vid
ed
for
in
Ar
tic
le
02
of
An
ne
xI
II.
04
.2
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
30 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
C
R
T
a
ri
ff
li
n
e
H
S
2
0
0
2
D
es
c
ri
p
ti
o
n
0
7
0
5
1
9
0
0
O
th
er
s
O
ct
o
b
er
to
Ja
n
u
ar
y
(B
ar
b
ad
o
s,
T
ri
n
id
ad
an
d
T
o
b
ag
o
)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
0
7
0
6
1
0
C
ar
ro
ts
an
d
tu
rn
ip
s
Ju
ly
to
N
o
v
em
b
er
(B
ar
b
ad
o
s)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
E
x
0
7
0
6
9
0
O
th
er
s
(o
n
ly
ra
d
is
h
es
)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
E
x
0
7
0
7
0
0
0
0
C
u
cu
m
b
er
an
d
g
h
er
k
in
s,
fr
es
h
o
r
ch
il
le
d
(o
n
ly
cu
cu
m
b
er
)
Ju
ly
to
D
e
ce
m
b
er
(B
ar
b
ad
o
s,
G
u
y
an
a,
T
ri
n
id
ad
an
d
T
o
b
ag
o
)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
E
x
0
7
0
7
0
0
0
0
C
u
cu
m
b
er
an
d
g
h
er
k
in
s,
fr
es
h
o
r
ch
il
le
d
(o
n
ly
g
h
er
k
in
s)
D
ec
em
b
er
to
A
u
g
u
st
(G
u
y
an
a)
0
7
0
8
L
eg
u
m
in
o
u
s
v
eg
e
ta
b
le
s,
sh
el
le
d
o
r
u
n
sh
e
ll
ed
,
fr
es
h
o
r
ch
il
le
d
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
0
7
0
9
6
0
1
0
S
w
ee
t
p
ep
p
er
s
M
ay
to
S
ep
te
m
b
er
(B
ar
b
ad
o
s,
G
u
y
an
a,
T
ri
n
id
ad
an
d
T
o
b
ag
o
)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
0
7
0
9
6
0
2
0
H
o
t
p
ep
p
er
(C
a
p
si
cu
m
fr
u
te
sc
en
s
L
.)
O
ct
o
b
er
to
D
ec
em
b
er
(B
ar
b
ad
o
s,
G
u
y
an
a)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
,
S
u
ri
n
am
e)
0
7
0
9
6
0
9
0
O
th
er
(o
th
er
h
o
t
p
ep
p
er
)
O
ct
o
b
er
to
D
ec
em
b
er
(B
ar
b
ad
o
s,
G
u
y
an
a)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
,
S
u
ri
n
am
e)
0
7
0
9
7
0
S
p
in
ac
h
,
N
ew
Z
e
al
an
d
sp
in
ac
h
an
d
o
ra
ch
e
sp
in
a
ch
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 31
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
C
R
T
a
ri
ff
li
n
e
H
S
2
0
0
2
D
es
c
ri
p
ti
o
n
0
7
0
9
9
0
1
0
S
w
ee
t
co
rn
Ja
n
u
ar
y
to
Ju
n
e
(B
ar
b
ad
o
s,
G
u
y
an
a)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
0
7
0
9
9
0
2
0
C
h
ri
st
o
p
h
en
e
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
0
7
0
9
9
0
3
0
P
u
m
p
k
in
s
O
ct
o
b
er
to
D
ec
em
b
er
(B
ar
b
ad
o
s,
G
u
y
an
a)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
0
7
0
9
9
0
4
0
O
ch
ro
es
Ja
n
u
ar
y
to
Ju
n
e
(B
ar
b
ad
o
s,
G
u
y
an
a)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
E
x
0
7
0
9
9
0
9
0
O
th
er
s
(o
th
er
p
u
m
p
k
in
s)
O
ct
o
b
er
to
D
ec
em
b
er
(B
ar
b
ad
o
s,
G
u
y
an
a)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
)
0
7
1
0
1
0
P
o
ta
to
es
Ju
ly
to
D
e
ce
m
b
er
(J
am
ai
ca
)
E
x
0
7
1
3
1
0
0
0
P
ig
eo
n
p
e
as
Ja
n
u
ar
y
to
Ju
n
e
(G
u
y
an
a,
Ja
m
a
ic
a,
T
ri
n
id
ad
an
d
T
o
b
ag
o
)
0
7
1
4
1
0
M
an
io
c
(c
as
sa
v
a)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(G
u
y
an
a,
Ja
m
a
ic
a,
S
u
ri
n
a
m
e)
0
7
1
4
2
0
S
w
ee
t
p
o
ta
to
es
Ja
n
u
ar
y
to
Ju
ly
(B
ar
b
ad
o
s,
G
u
y
an
a
,
T
ri
n
id
ad
an
d
T
o
b
ag
o
)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
,
S
u
ri
n
am
e)
0
7
1
4
9
0
2
0
Y
am
s
(D
io
s
c
o
r
e
a
a
la
ta
)
Ju
ly
to
D
e
ce
m
b
er
(B
ar
b
ad
o
s,
G
u
y
an
a,
T
ri
n
id
ad
an
d
T
o
b
ag
o
)
Ja
n
u
ar
y
to
D
e
ce
m
b
er
(J
am
ai
ca
,
S
u
ri
n
am
e)
0
8
0
4
4
0
A
v
o
ca
d
o
es
M
ar
ch
to
A
u
g
u
st
(G
u
y
an
a
,
Ja
m
ai
ca
,
T
ri
n
id
ad
an
d
T
o
b
ag
o
)
TA
BL
E
A.
2—
Co
nt’
d
Tr
ea
tm
en
to
fs
ele
cte
da
gr
icu
ltu
ra
lp
ro
du
cts
im
po
rte
di
nt
oC
os
ta
Ri
ca
fro
m
CA
RI
CO
M
M
DC
sa
sp
ro
vid
ed
for
in
Ar
tic
le
02
of
An
ne
xI
II.
04
.2—
Co
nti
nu
ed
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
32 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
C
R
T
a
ri
ff
L
in
e
H
S
2
0
0
2
D
es
c
ri
p
ti
o
n
E
x
0
8
0
4
5
0
G
u
av
as
an
d
M
an
g
o
e
s
Ja
n
u
ar
y
to
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Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 33
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
34 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
B. EXCLUDED PRODUCTS
Goods included in Tables B.1 and B.2 shall be excluded from the Tariff
Elimination Schedule, meaning the Parties shall apply the MFN tariff upon
those goods classified in such tariff items.
TABLE B.1
CARICOM List
Tariff Line Description
Ex 0203 Meat of swine, fresh, chilled or frozen, except
subheadings 0203.12 and 0203.22
Ex 0207 Meat and edible offal of fowls of the heading 01.05
fresh, chilled or frozen (except mechanically de-boned
meat)
0210 Meat and edible meat offal, salted or in brine, dried or
smoked; edible flours and meals of meat or meat offal,
except subheadings 0210.11 and 0210.19
0302 Fish, fresh or chilled, excluding fish fillets and other fish
meat of Heading No. 03.04
0303 Fish, frozen, excluding fish fillets and other fish meat of
Heading No. 03.04
0304 Fish fillets and other fish meat, (whether or not minced),
fresh, chilled or frozen
0306 Crustaceans whether in shell or not, live, fresh, chilled,
frozen, dried, salted or in brine; crustaceans, in shell,
cooked by steaming or by boiling in water, whether or
not chilled, frozen, dried, salted or in brine; flours, meals
and pellets of crustaceans, fit for human consumption
0401 Milk and cream, not concentrated nor containing added
sugar or other sweetening matter
0402 Milk and cream concentrated or containing added sugar
or other sweetening matter
Ex 0407 Other fresh eggs
Ex 0602 Citrus Plants
Ex 071310 Blackeye peas
07133 Beans (Vigna spp., Phaseolus spp.)
0714901 Dasheen
0803001 Bananas, fresh
0803002 Plantain, fresh
080430 Pineapples
0805 Citrus Fruits, fresh or dried
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Costa Rica Free Trade Chap. 81:10 35
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Caribbean Community (CARICOM)
0901 Coffee, whether or not roasted or decaffeinated; coffee
husks and skins; coffee substitute containing coffee in
any proportions
10.06 Rice
1602.41 Hams and cuts thereof
1602.42 Shoulders and cuts thereof
17.01 Cane or beet sugar, and chemically pure sucrose in solid
form
1703.10 Cane molasses
1806 Chocolate and other food preparations containing cocoa
Ex 1902 Pasta, whether or not cooked or stuffed (with meat or
other substances) or otherwise prepared, such as
spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli,
cannelloni; couscous, whether or not prepared, except
subheading 1902.19
Ex 2008 Plantains and Banana chips
Ex 2009 Citrus, pineapple, passion fruit and tamarind juices,
frozen, concentrated or other, juice of any of these single
fruits and mixtures of other juices containing juices from
these fruits
Ex 2103 Pepper sauce
2201 Waters, including natural or artificial mineral waters and
aerated water, not containing added sugar or other
sweetening matter nor flavoured; ice and snow
Ex 2202 Waters, including mineral waters, containing added
sugar or other sweetening matter or flavoured (except
aerated beverages), excluding aerated water
2203 Beer made from malt
220840 Rum and tafia
Ex 2402 Cigarettes, of tobacco or of tobacco substitute
2403 Other manufactured tobacco and manufactured tobacco
substitutes; “homogenised” or “reconstituted” tobacco;
tobacco extracts and essences
Ex 2501 Salt (including table salt and denatured salt)
Ex 2523 Portland cement and cement clinkers
2904 Sulphonated, nitrated or nitro-sated derivatives of
hydrocarbons, whether or not halogenated
3208 Paints and varnishes (including enamels and lacquers)
based on synthetic polymers or chemically modified
natural polymers, dispersed or dissolved in a non-
aqueous medium; solutions as defined in Note 4 to this
Chapter
Tariff Line Description
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
36 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
TABLE B.1
CARICOM List—Continued
3209 Paints and varnishes based on synthetic polymers or
chemically modified natural polymers dispersed or
dissolved in an aqueous medium
3210 Other paints and varnishes prepared water pigments of a
kind used for finishing leather
Ex 3301 Essential oils of citrus
3301.291 Essential oils of bay
3306.101 Toothpaste
3402 Organic surface active agents (other than soap); surface
active preparations, washing preparations (including
auxiliary washing preparations) and cleaning
preparations whether or not containing soap and other
than those of heading No. 3401, excluding liquid bleach
3406002 Decorative candles of paraffin wax
3406003 Other candles of paraffin wax
3406004 Other decorative candles
3808.40 Disinfectants
4203291 Industrial gloves of leather or of composition leather
4205 Other articles of leather or of composition leather
Ex 4818 Toilet paper and similar paper, cellulose wadding or
webs of cellulose fibres, of a kind used for household
or sanitary purposes, in rolls of a width not exceeding
36 cm, or cut to size or shape; handkerchiefs, cleansing
tissues, towels, tablecloths, serviettes, napkins for
babies
701091 Glass containers of a capacity exceeding 1 L
701092 Bottles, greater than 0.33 L but less than or equal to 1 L
701093 Bottles, greater than 0.15 L but less than or equal to
0.33 L
761010 Doors, windows and their frames and thresholds for
doors
8419.191 Solar water heaters, for domestic use
8419.192 Other solar water heaters
8544591 Plastic-insulated copper conductors exceeding 0.5 mm2
8544601 Plastic-insulated copper conductors exceeding 0.5 mm2
9401 Seats (other than those of heading No. 94.02), whether
convertible into beds, and parts thereof
940330 Wooden furniture of a kind used in offices
Tariff Line Description
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Costa Rica Free Trade Chap. 81:10 37
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Caribbean Community (CARICOM)
940340 Wooden furniture of a kind used in kitchen
940350 Wooden furniture of a kind used in the bedroom
9403609 Other wooden furniture
9403801 Furniture of other materials of a kind used in offices
9403802 Furniture of other materials of a kind used in schools,
churches and laboratories
9403809 Furniture of other materials N.E.S.
940390 Parts of furniture made of metal, wood or of other
materials
02031100 In carcasses and half-carcasses
02031900 Others
02032100 In carcasses and half-carcasses
02032900 Others
02071100 Not cut in pieces, fresh or chilled
02071200 Not cut in pieces, frozen
02071391 Breasts
02071399 Others
02071491 Breasts
02071499 Others
0210 Meat and edible meat offal, salted, in brine, dried or
smoked; edible flours and meals of meat or meat offal
(except 021011 and 021019)
0302 Fish, fresh or chilled, excluding fish fillets and other fish
meat of heading No. 03.04
0303 Fish, frozen, excluding fish fillets and other fish meat of
heading No. 03.04
0304 Fish fillets and other fish meat (whether or not minced),
fresh, chilled or frozen
0306 Crustaceans, whether in shell or not, live, fresh, chilled,
frozen, dried, salted or in brine; crustaceans, in shell,
cooked by steaming or by boiling in water, whether or
not chilled, frozen, dried, salted or in brine; flours,
meals, and pellets of crustaceans, fit for human
consumption
Tariff Line Description
Tariff Line DescriptionHS 2002
TABLE B.2
Costa Rican List
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
38 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
TABLE B.2
Costa Rican List—Continued
0401 Milk and cream, not concentrated nor containing added
sugar or other sweetening matter
0402 Milk and cream, concentrated or containing added sugar
or other sweetening matter
04070090 Others (only fresh eggs)
06022090 Others (only citrus plants)
Ex 07131000 Blackeye peas
0713.31 Beans of the species Vigna mungo (L) Hepper or Vigna
radiata (L) Wilczek
0713.32 Small red (Adzuki) beans (phaseolus or Vigna angularis)
0713.33 Kidney beans, including white pea beans (phaseolus
vulgaris)
0713.39 Others
07149010 Dasheen (Colocasia esculenta)
08030011 Fresh
08030020 Plantains (Musa acuminata var. Plantain)
08043000 Pineapples
0805 Citrus fruit, fresh or dried
0901 Coffee, whether or not roasted or decaffeinated; coffee
husks and skins; coffee substitutes containing coffee in
any proportion
1006 Rice
1602.41 Hams and cuts thereof
1602.42 Shoulders and cuts thereof
1701 Cane or beet sugar and chemically pure sucrose, in solid
form
170310 Cane molasses
1806 Chocolate and other food preparations containing cocoa
19021100 Containing eggs
19022000 Stuffed pasta, whether or not cooked or otherwise
prepared
19023000 Other pasta
19024000 Couscous
Ex 20089900 Others (only banana and plantains chips)
20091100 Frozen
20091200 Not frozen, of a Brix value not exceeding 20
20091910 Concentrated
20091990 Others
Tariff Line DescriptionHS 2002
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Costa Rica Free Trade Chap. 81:10 39
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Caribbean Community (CARICOM)
Tariff Line DescriptionHS 2002
20092100 Of a Brix value not exceeding 20
20092910 Concentrated
20092990 Others
20093100 Of a Brix value not exceeding 20
20093900 Others
20094100 Of a Brix value not exceeding 20
20094900 Others
20098020 Passion fruit (Passiflora spp.) juice
20098040 Tamarind juice, concentrated
Ex 20098090 Others (other tamarind juice)
Ex 20099000 Mixtures of juice (only those containing citrus,
pineapple, passion fruit or tamarind juice)
Ex 21039000 Others (only pepper sauce)
2201 Waters, including natural or artificial mineral waters and
aerated, not containing added sugar or other sweetening
matter nor flavoured; ice and snow
Ex 2202 Waters, including mineral waters, containing added
sugar or other sweetening matter or flavoured (except
aerated beverages), excluding aerated water
2203 Beer made from malt
220840 Rum and tafia
24022000 Cigarettes containing tobacco
Ex 24029000 Others (only cigarettes)
2403 Other manufactured tobacco and manufactured tobacco
substitutes; “homogenised or reconstituted” tobacco;
tobacco extracts and essences
25010020 Table salt
25010090 Other
25231000 Cement clinkers
25232100 White cement, whether or not artificially coloured
25232900 Others
2904 Sulfonated, nitrated or nitrosated derivatives of
hydrocarbons, whether or not halogenated
3208 Paints and varnishes based on synthetic polymers or
chemically modified natural polymers, dispersed or
dissolved in a non- aqueous medium; solutions as
defined in Note 4 to this Chapter
3209 Paints and varnishes based on synthetic polymers or
chemically modified natural polymers, dispersed or
dissolved in an aqueous medium
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
40 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
TABLE B.2
Costa Rican List—Continued
3210 Other paints and varnishes; prepared water pigments of a
kind used for finishing leather
33011100 Of bergamot
33011200 Of orange
33011300 Of lemon
33011400 Of lime
33011900 Other
Ex 33012900 Other (only essential oil of bay)
Ex 33061000 Toothpaste
3402 Organic surface-active agents (other than soap); surface-
active preparations, washing preparations (including
auxiliary washing preparations) and cleaning
preparations, whether or not containing soap, other than
those of heading 3401
Ex 34060000 Candles (only candles of paraffin wax and other
decorative candles)
3808.40 Disinfectants
42032910 Industrial gloves
4205 Other articles of leather or of composition leather
48181000 Toilet paper
48182000 Handkerchiefs, cleansing or facial tissues and towels
48183000 Tablecloths and serviettes
48184090 Other
70109011 Not exceeding 4 L
70109019 Others
70109021 Cylindrical amber containers, with a mouthpiece equal
or less than 32mm, used for pharmaceuticals
70109029 Others
70109031 Not cylinder shape, of a capacity equal or less than 180 ml
and a mouthpiece equal or less than 15 mm
70109032 Cylindrical amber containers, with a mouthpiece equal
or less than 32mm, used for pharmaceuticals
70109039 Others
761010 Doors, windows their frames and thresholds for doors
Ex 84191900 Other (only solar water heaters)
Ex 85445910 Wire and cable of copper (only plastic insulated copper
conductor exceeding 0.5 mm2)
Tariff Line DescriptionHS 2002
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Costa Rica Free Trade Chap. 81:10 41
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Caribbean Community (CARICOM)
C. PRODUCTS SUBJECTTOTARIFFELIMINATIONSCHEDULES
The MFN tariff applicable on 1st January 2003 for originating goods in the
tariff items included in Tables C. 1 and C. 2 shall be eliminated in four (4)
equal annual stages, starting on the date of entry into force of the Agreement,
and continuing the phase out on 1st January of each following year, to be
determined as follows:
(i) Date of entry into force 1/4
(ii) January 1, 2005 2/4
(iii) January 1, 2006 3/4
(iv) January 1, 2007 4/4
TABLE C.1
CARICOM List
Tariff Line DescriptionHS 2002
Ex 85445990 Other (only plastic insulated copper conductor exceeding
0.5 mm2)
Ex 85446000 Other electric conductors, for a voltage exceeding 1,000
V (only those exceeding 0.52)
9401 Seats (other than those of heading No. 9402.00), whether
or not convertible into beds, and parts thereof
940330 Wooden furniture of a kind used in offices
940340 Wooden furniture of a kind used in the kitchen
940350 Wooden furniture of a kind used in the bedroom
Ex 94036000 Other wooden furniture (except those of a kind used in
schools, churches and laboratories)
94038000 Furniture of other materials, including cane, osier,
bamboo or similar materials
940390 Parts, of furniture
Tariff Line Description
0210191 Pigtails
0210191 Other meats salted or in brine
0810903 Passion fruit
1601003 Salami sausages
1801 Cocoa beans, whole or broken, raw or roasted
Ex 2007 Jams, fruit jellies, marmalades
2007919
2007992
2007993
2007995
2007999
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
42 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
TABLE C.1
CARICOM List—Continued
210310 Soya sauce
2103201 Tomato ketchup
2103202 Other tomato sauces
283322 Sulphates of aluminium
3303 Perfumes and toilet waters
Ex 392310 Boxes
Ex 392321 Sacks and bags of polymers of ethylene
Ex 392329 Sacks and bags of other plastics
Ex 392390 Trays and cups
Ex 3924 Tableware of plastics
4407 Wood sawn or chipped lengthwise, sliced or peeled,
whether or not planed, sanded or finger-jointed of a
thickness exceeding 6 mm
4409 Wood [including strips and friezes parquet flooring, not
assembled continuously shaped (tongued, grooved,
rebated, chamfered, V-jointed, beaded, moulded,
rounded, or the like) along any of its edges or faces,
whether or not planed, sanded or finger-jointed]
44121 Plywood consisting solely of sheets of wood, each ply
not exceeding 6 mm in thickness
441299 Other
4420 Wood marquetry and inlaid wood; caskets and cases for
jewellery or cutlery, and similar articles, of wood;
statuettes and other ornaments, of wood; wooden articles
of furniture not falling in Chapter 94
Ex 4819 Crates and boxes of paper or paperboard
6402 Other footwear with outer soles and uppers of rubber or
plastics
640520 Other footwear with uppers of textiles materials
9405 Lamps and light fittings including searchlights and
spotlights and parts thereof, not elsewhere specified or
included; illuminated signs, illuminated name plates and
the like, having a permanently fixed light source, and
parts thereof not elsewhere specified or included
9603 Brooms, brushes (including brushes constituting parts of
machines, appliances or vehicles) hand operated
mechanical floor sweepers, not motorised, mops and
feather dusters; prepared knots and tufts for broom or
brush-making; paint pads and rollers; squeegees (other
than roller squeegees)
Tariff Line Description
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Costa Rica Free Trade Chap. 81:10 43
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Caribbean Community (CARICOM)
TABLE C.2
Costa Rican List
Tariff Line DescriptionHS 2002
Ex 02101900 Others (including pigtails)
08109030 Passion fruit (Passiflora edulis var flavicarpa)
16010010 Of bovine
16010030 Of swine
16010080 Other (only salami sausages)
16010090 Mixtures (only those containing salami)
1801 Cocoa beans, whole or broken, raw or roasted
Ex 200791 Only jams, fruit jellies and marmalades
Ex 200799
210310 Soya sauce
210320 Tomato ketchup and other tomato sauces
28332200 Of aluminium
3303 Perfumes and toilet waters
Ex 392310 Boxes
Ex 392321 Of polymers of ethylene (excluding cones)
Ex 392329 Of other plastics (excluding cones)
Ex 39239090 Others (trays and cups)
392410 Tableware and kitchenware
4407 Wood sawn or chipped lengthwise, sliced or peeled,
whether or not planed, sanded or end-jointed, of a
thickness exceeding 6 mm
4409 Wood (including strips and friezes for parquet flooring,
not assembled) continuously shaped (tongued, grooved,
rebated, chamfered, V-jointed, beaded, molded, rounded
or the like) along any of its edges, ends or faces, whether
or not planed, sanded or end-jointed
44121 Plywood consisting solely of sheets of wood, each ply
not exceeding 6 mm in thickness
441299 Other
4420 Wood marquetry and inlaid wood; caskets and cases for
jewelry or cutlery and similar articles, of wood;
statuettes and other ornaments, of wood; wooden articles
of furniture not falling within Chapter 94
Ex 4819 Only crates and boxes of paper or paperboard
6402 Other footwear with outer soles and uppers of rubber or
plastics
640520 Other footwear with uppers of textile materials
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
44 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
9405 Lamps and lighting fittings including searchlights and
spotlights and parts thereof, not elsewhere specified or
included; illuminated signs, illuminated nameplates and
the like, having a permanently fixed light source, and
parts thereof not elsewhere specified or included
9603 Brooms, brushes (including brushes constituting parts of
machines, appliances or vehicles) hand operated
mechanical floor sweepers, not motorised, mops and
feather dusters; prepared knots and tufts for broom or
brush-making; paint pads and rollers; squeegees (other
than roller squeegees)
TABLE C.2
Costa Rican List—Continued
Tariff Line DescriptionHS 2002
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Costa Rica Free Trade Chap. 81:10 45
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Caribbean Community (CARICOM)
D.
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int
of
orc
eo
ft
his
Ag
ree
me
nt;
ex
clu
sio
n,
ac
co
rdi
ng
to
Ar
tic
le
02
.B
of
thi
sA
nn
ex
;a
nd
ph
ase
ou
t,a
cc
ord
ing
to
Ar
tic
le
02
.C
of
thi
sA
nn
ex
.
TA
BL
E
D.
1
CA
RI
CO
M
Li
st
Ta
rif
fL
ine
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
02
03
12
Ha
ms
,s
ho
uld
ers
an
dc
uts
the
reo
f,
wi
th
bo
ne
in,
fre
sh
or
ch
ille
d
M
FN
,e
xc
ep
tf
or
Gu
ya
na
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
t
EX
C
Ph
ase
d
EX
C
EX
C
EX
C
02
03
22
Ha
ms
,s
ho
uld
ers
an
dc
uts
the
reo
f,
wi
th
bo
ne
in,
fro
ze
n
M
FN
,e
xc
ep
tf
or
Gu
ya
na
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
t
EX
C
Ph
ase
d
EX
C
EX
C
EX
C
02
.04
M
ea
ts
of
sh
ee
po
rg
oa
ts,
fre
sh
,c
hil
led
,o
rf
roz
en
Fr
ee
,e
xc
ep
tf
or
Ba
rba
do
s,
Su
rin
am
e
an
dJ
am
aic
aw
hic
ha
re
su
bje
ct
to
M
FN
tar
iff
EX
C
Fr
ee
EX
C
EX
C
Fr
ee
02
10
.11
Ha
ms
,s
ho
uld
ers
an
dc
uts
the
reo
f,
wi
th
bo
ne
in,
sal
ted
,in
bri
ne
,d
rie
do
r
sm
ok
ed
M
FN
,e
xc
ep
tf
or
Gu
ya
na
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
t
EX
C
Ph
ase
d
EX
C
EX
C
EX
C
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
1
Su
bje
ct
to
Ph
ase
dr
ed
uc
tio
no
fd
uty
ov
er
ten
(10
)y
ea
rs
for
Ba
rba
do
s,
Gu
ya
na
an
dT
rin
ida
da
nd
To
ba
go
.
46 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
TA
BL
E
D.
1
CA
RI
CO
M
Li
st—
Co
nti
nu
ed
Ta
rif
fL
ine
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
03
.05
Fis
hd
rie
d,
sal
ted
or
in
bri
ne
,s
mo
ke
df
ish
wh
eth
er
or
no
tc
oo
ke
db
efo
re
or
du
rin
gt
he
sm
ok
ing
pro
ces
s;
flo
ur,
me
als
,a
nd
pe
lle
ts
of
fis
hf
itf
or
hu
ma
n
co
ns
um
pti
on
Ph
asi
ng
ou
t,e
xc
ep
t
for
Tr
ini
da
da
nd
To
ba
go
wh
ich
is
fre
e,
an
dJ
am
aic
aa
nd
Su
rin
am
ew
hic
ha
re
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
Ph
ase
d
EX
C
EX
C
Fr
ee
06
03
Cu
tf
low
ers
an
df
low
er
bu
ds
of
ak
ind
su
ita
ble
for
bo
uq
ue
ts
or
for
orn
am
en
tal
pu
rpo
ses
Ph
asi
ng
ou
t,e
xc
ep
t
for
Jam
aic
aa
nd
Su
rin
am
ew
hic
ha
re
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
Ph
ase
d
EX
C
EX
C
Ph
ase
d
11
01
00
9
Ot
he
rw
he
at
or
me
sli
n
flo
ur1
ex
clu
din
gf
lou
ro
f
du
rum
wh
ea
t
Ph
asi
ng
ou
to
ft
en
ye
ars
,e
xc
ep
tf
or
Jam
aic
aa
nd
Su
rin
am
e
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
Ph
ase
d
EX
C
EX
C
Ph
ase
d
Ex
11
06
Flo
ur
an
dm
ea
lo
fm
an
ioc
(ca
ssa
va
)
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Costa Rica Free Trade Chap. 81:10 47
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Caribbean Community (CARICOM)
Ta
rif
fL
ine
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
Ex
16
.01
Sa
us
ag
es,
an
ds
im
ila
r
pro
du
cts
of
me
at,
me
at
off
als
or
blo
od
;f
oo
d
pre
pa
rat
ion
sb
ase
do
n
the
se
pro
du
cts
ex
ce
pt
sal
am
i
Fr
ee
,e
xc
ep
tf
or
Ba
rba
do
sa
nd
Jam
aic
a
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
an
d
Tr
ini
da
da
nd
To
ba
go
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
t
EX
C
Fr
ee
EX
C
Fr
ee
Ph
ase
d
Ex
16
.02
Ot
he
rp
rep
are
do
r
pre
ser
ve
dm
ea
t,m
ea
t
off
al
or
blo
od
(ex
ce
pt
16
02
41
,1
60
24
2,
16
02
49
)
Fr
ee
,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
ta
nd
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Ph
ase
d
Ex
16
02
.49
Ba
co
n
Fr
ee
,e
xc
ep
tf
or
Ba
rba
do
s,
Jam
aic
a
an
dT
rin
ida
da
nd
To
ba
go
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
EX
C
Fr
ee
EX
C
Fr
ee
EX
C
16
02
.49
1
Lu
nc
he
on
M
ea
t
Fr
ee
,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
an
dJ
am
aic
aw
hic
ha
re
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
EX
C
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
TA
BL
E
D.
1
CA
RI
CO
M
Li
st—
Co
nti
nu
ed
Ta
rif
fL
ine
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
16
03
Ex
tra
cts
an
dj
uic
es
of
me
at,
fis
ho
rc
rus
tac
eo
us
,
mo
llu
sc
or
oth
er
aq
au
tic
inv
ert
eb
rat
es.
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
16
.04
Pr
ep
are
do
rp
res
erv
ed
fis
h
ca
via
ra
nd
ca
via
r
su
bs
titu
tes
pre
pa
red
fro
m
fis
he
gg
s
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
16
.05
Cr
us
tac
eo
us
,m
oll
us
ca
nd
oth
er
aq
ua
tic
inv
ert
eb
rat
es
pre
pa
red
or
pre
ser
ve
d
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
18
05
Co
co
ap
ow
de
rn
ot
co
nta
ini
ng
ad
de
ds
ug
ar
or
oth
er
sw
ee
ten
ing
ma
tte
r
Fr
ee
,e
xc
ep
tf
or
Gu
ya
na
an
dJ
am
aic
a
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
Fr
ee
EX
C
EX
C
Fr
ee
Fr
ee
19
02
19
Ot
he
rp
ast
a,
un
co
ok
ed
,
no
ts
tuf
fed
or
oth
erw
ise
pre
pa
red
MF
N,
exc
ept
for
Tri
nid
ad
and
To
bag
oa
nd
Ba
rba
do
s
wh
ich
are
sub
jec
tto
ph
asi
ng
ou
tan
d
Su
rin
am
e,w
hic
hi
sfr
ee
Ph
ase
d
EX
C
EX
C
Fr
ee
Ph
ase
d
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
48 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ta
rif
fL
ine
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
Ex
19
05
Br
ead
,p
ast
ry,
cak
es,
an
d
oth
er
ba
ke
rs
wa
res
,w
he
the
r
or
no
tc
on
tai
nin
gc
oc
oa
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
19
05
.30
1
Sw
ee
tb
isc
uit
s
MF
N,
ex
cep
tfo
r
Tri
nid
ad
an
dT
ob
ag
oa
nd
Su
rin
am
e,w
hic
ha
re
fre
e
EX
C
EX
C
EX
C
Fr
ee
Fr
ee
19
05
.90
1
Bi
scu
its
,u
ns
we
ete
ne
d
MF
N,
ex
cep
tfo
r
Tri
nid
ad
an
dT
ob
ag
oa
nd
Su
rin
am
e,w
hic
ha
re
fre
e
EX
C
EX
C
EX
C
Fr
ee
Fr
ee
Ex
20
05
Co
rn
ch
ips
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
Ex
20
.08
Gr
ou
nd
nu
ts
(pe
an
uts
),
pre
pa
red
or
pre
ser
ve
d
wh
eth
er
or
no
tc
on
tai
nin
g
ad
de
ds
ug
ar
or
oth
er
sw
ee
ten
ing
ma
tte
r
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
21
.04
So
up
sa
nd
bro
ths
an
d
pre
pa
rat
ion
st
he
reo
f;
ho
mo
ge
nis
ed
co
mp
os
ite
foo
dp
rep
ara
tio
ns
Fre
e,
ex
cep
tfo
rT
rin
ida
d
an
dT
ob
ag
ow
hic
hi
s
sub
jec
tto
ph
asi
ng
ou
t,
an
dJ
am
aic
aw
hic
hi
s
sub
jec
tto
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Ph
ase
d
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 49
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
TA
BL
E
D.
1
CA
RI
CO
M
Li
st—
Co
nti
nu
ed
Ta
rif
fL
ine
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
21
05
Ice
cre
am
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Gu
ya
na
,S
uri
na
me
an
d
Jam
aic
aw
hic
ha
re
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
EX
C
EX
C
EX
C
Ph
ase
d
Ex
22
.02
Ae
rat
ed
be
ve
rag
es
Fr
ee
for
Tr
ini
da
da
nd
To
ba
go
an
dP
ha
sin
g
ou
tf
or
Su
rin
am
e,
Jam
aic
a,
Ba
rba
do
sa
nd
Gu
ya
na
sh
all
be
su
bje
ct
to
M
FN
tar
iff
EX
C
EX
C
EX
C
Ph
ase
d
Fr
ee
22
.06
Ot
he
rf
erm
en
ted
be
ve
rag
es
(fo
re
xa
mp
le
cid
er,
pe
rry
,m
ea
d);
mi
xtu
res
of
fer
me
nte
d
be
ve
rag
es
an
dm
ixt
ure
s
of
fer
me
nte
db
ev
era
ge
s
an
dn
on
-al
co
ho
lic
be
ve
rag
es,
no
te
lse
wh
ere
sp
ec
ifi
ed
or
inc
lud
ed
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Gu
ya
na
,S
uri
na
me
an
d
Jam
aic
aw
hic
ha
re
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
EX
C
EX
C
EX
C
Ph
ase
d
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
50 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ta
rif
fL
ine
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
Ex
24
02
Ci
ga
rs
M
FN
,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
ta
nd
Su
rin
am
e,
wh
ich
is
fre
e
EX
C
EX
C
EX
C
Fr
ee
Ph
ase
d
33
04
Be
au
ty
or
ma
ke
-up
pe
pa
rat
ion
sa
nd
pre
pa
rat
ion
sf
or
the
ca
re
of
the
sk
in
(ot
he
rt
ha
n
me
dic
an
ts)
,in
clu
din
g
su
ns
cre
en
or
su
nt
an
pre
pa
rat
ion
s;
ma
nic
ure
or
pe
dic
ure
pre
pa
rat
ion
s
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
an
dT
rin
ida
da
nd
To
ba
go
,w
hic
hi
sf
ree
Ph
ase
d
Ph
ase
d
EX
C
Ph
ase
d
Fr
ee
33
05
Pr
ep
ara
tio
ns
for
us
eo
n
the
ha
ir
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
an
dT
rin
ida
da
nd
To
ba
go
,w
hic
hi
sf
ree
Ph
ase
d
Ph
ase
d
EX
C
Ph
ase
d
Fr
ee
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 51
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
TA
BL
E
D.
1
CA
RI
CO
M
Li
st—
Co
nti
nu
ed
Ta
rif
fL
ine
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
Ex
33
06
Pr
ep
ara
tio
ns
for
ora
lo
r
de
nta
lh
yg
ien
e,
inc
lud
ing
de
ntu
re
fix
ati
ve
pa
ste
s
an
dp
ow
de
rs;
ya
rn
us
ed
to
cle
an
be
tw
ee
nt
he
tee
th
(de
nta
lf
los
s),
in
ind
ivi
du
al
ret
ail
pa
ck
ag
es
(ex
clu
din
gt
oo
thp
ast
e)
Ph
asi
ng
ou
t,e
xc
ep
t
for
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
an
dT
rin
ida
da
nd
To
ba
go
,w
hic
hi
sf
ree
Ph
ase
d
Ph
ase
d
EX
C
Ph
ase
d
Fr
ee
Ex
33
07
Pr
e-s
ha
ve
,s
ha
vin
g,
aft
er
sh
av
ep
rep
ara
tio
ns
,
pe
rso
na
ld
eo
do
ran
ts
an
d
an
tip
ers
pir
an
ts
Ph
asi
ng
ou
t,e
xc
ep
t
for
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
an
dT
rin
ida
da
nd
To
ba
go
,w
hic
hi
sf
ree
Ph
ase
d
Ph
ase
d
EX
C
Ph
ase
d
Fr
ee
34
02
.20
4
Li
qu
id
ble
ac
h
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aa
nd
Su
rin
am
e,
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
EX
C
Fr
ee
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
52 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ta
rif
fL
ine
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
38
08
10
Ins
ec
tic
ide
s(
ex
clu
din
g
mo
sq
uit
oc
oil
s)
Ph
as
ing
ou
t,e
xc
ep
t
fo
rJ
am
aic
aa
nd
Su
rin
am
ew
hic
ha
re
su
bje
ct
to
M
FN
tar
iff
an
dT
rin
ida
da
nd
To
ba
go
,w
hic
hi
sf
ree
Ph
ase
d
Ph
ase
d
EX
C
EX
C
Fr
ee
38
08
.10
2
M
os
qu
ito
Co
ils
Fr
ee
,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
ta
nd
for
Jam
aic
aa
nd
Gu
ya
na
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
Fr
ee
EX
C
EX
C
Fr
ee
Ph
ase
d
Ex
38
.14
Or
ga
nic
co
mp
os
ite
so
lve
nts
an
dt
hin
ne
rs
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
Ph
ase
d
EX
C
Ph
ase
d
Ph
ase
d
Ex
42
.02
Ha
nd
ba
gs
,a
nd
wa
lle
ts
of
lea
the
ro
ro
fc
om
po
sit
ion
lea
the
r
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aa
nd
Gu
ya
na
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
Fr
ee
EX
C
EX
C
Fr
ee
Fr
ee
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 53
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
TA
BL
E
D.
1
CA
RI
CO
M
Li
st—
Co
nti
nu
ed
Ta
rif
fL
ine
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
48
.23
Ot
he
rp
ap
er,
pa
pe
rbo
ard
,
ce
llu
los
ew
ad
din
ga
nd
we
bs
of
ce
llu
los
ef
ibr
es,
cu
tto
siz
eo
rs
ha
pe
;o
the
r
art
icl
es
of
pa
pe
rp
ulp
,
pa
pe
r,p
ap
erb
oa
rd,
ce
llu
los
ew
ad
din
go
r
we
bs
of
ce
llu
los
ef
ibr
es
Fr
ee
,e
xc
ep
tf
or
Gu
ya
na
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
t
an
df
or
Jam
aic
aw
hic
h
is
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Ph
ase
d
EX
C
Fr
ee
Fr
ee
64
01
92
1
W
ate
rpr
oo
fb
oo
ts
(W
ell
ing
ton
s)
co
ve
rin
g
the
an
kle
bu
tn
ot
co
ve
rin
g
the
kn
ee
Ph
asi
ng
ou
t,e
xc
ep
t
for
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
an
dS
uri
na
me
,w
hic
h
is
fre
e
Ph
ase
d
Ph
ase
d
EX
C
Fr
ee
Ph
ase
d
64
01
92
9
Ot
he
rw
ate
rpr
oo
f
foo
tw
ea
rc
ov
eri
ng
the
an
kle
bu
tn
ot
the
kn
ee
Ph
asi
ng
ou
t,e
xc
ep
t
for
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
an
dS
uri
na
me
,w
hic
h
is
fre
e
Ph
ase
d
Ph
ase
d
EX
C
Fr
ee
Ph
ase
d
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
54 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ta
rif
fL
ine
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
64
04
20
Fo
otw
ea
rw
ith
ou
ter
so
les
of
lea
the
ro
fc
om
po
sit
ion
of
lea
the
r
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
64
05
10
Ot
he
rf
oo
tw
ea
rw
ith
up
pe
rs
of
lea
the
ro
r
co
mp
os
itio
nl
ea
the
r
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
an
dS
uri
na
me
,w
hic
h
is
fre
e
Ph
ase
d
Ph
ase
d
EX
C
Fr
ee
Ph
ase
d
73
21
.13
1
Sto
ve
sa
nd
ran
ge
s
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
an
dS
uri
na
me
,w
hic
h
are
fre
ea
nd
Jam
aic
a
wh
ich
is
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
Ph
ase
d
EX
C
Fr
ee
Fr
ee
76
10
90
Ot
he
r
Fr
ee
,e
xc
ep
tf
or
Ba
rba
do
sa
nd
Gu
ya
na
,
wh
ich
are
su
bje
ct
to
ph
asi
ng
ou
ta
nd
for
Su
rin
am
ew
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
Ph
ase
d
Fr
ee
EX
C
Fr
ee
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 55
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
TA
BL
E
D.
1
CA
RI
CO
M
Li
st—
Co
nti
nu
ed
Ta
rif
fL
ine
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
Ex
85
07
Le
ad
ac
id
ele
ctr
ic
ac
cu
mu
lat
ors
of
ak
ind
us
ed
for
sta
rti
ng
pis
ton
-
en
gin
es
an
do
the
rl
ea
d-
ac
id
ac
cu
mu
lat
ors
Ph
asi
ng
ou
t,e
xc
ep
t
for
Tr
ini
da
da
nd
To
ba
go
an
dS
uri
na
me
,
wh
ich
are
fre
ea
nd
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
Ph
ase
d
EX
C
Fr
ee
Fr
ee
90
18
Ins
tru
me
nts
an
d
ap
pli
an
ce
su
sed
in
me
dic
al,
su
rgi
ca
l,d
en
tal
or
ve
ter
ina
ry
sci
en
ce
s,
inc
lud
ing
sci
nti
gra
ph
ic
ap
pa
rat
us
,o
the
re
lct
ro-
me
dic
al
ap
pa
rat
us
an
d
sig
ht-
tes
tin
gi
ns
tru
me
nts
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
94
04
10
M
att
res
ss
up
po
rts
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
an
dS
uri
na
me
,w
hic
h
are
fre
ea
nd
Gu
ya
na
an
dJ
am
aic
aw
hic
ha
re
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
EX
C
EX
C
Fr
ee
Fr
ee
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
56 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ta
rif
fL
ine
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
94
04
29
M
att
res
so
fo
the
r
ma
ter
ila
ls
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
an
dS
uri
na
me
,w
hic
h
are
fre
ea
nd
Gu
ya
na
an
dJ
am
aic
aw
hic
ha
re
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
EX
C
EX
C
Fr
ee
Fr
ee
TA
BL
E
D.
2
Co
sta
Ri
ca
n
Li
st
Ta
rif
fL
ine
HS
20
02
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
02
03
12
00
Ha
ms
,s
ho
uld
ers
an
dc
uts
the
reo
f,
wi
th
bo
ne
in,
fre
sh
or
ch
ille
d
M
FN
,e
xc
ep
tf
or
Gu
ya
na
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
t
EX
C
Ph
ase
d
EX
C
EX
C
EX
C
02
03
22
00
Ha
ms
,s
ho
uld
ers
an
dc
uts
the
reo
f,
wi
th
bo
ne
in,
fro
ze
n
M
FN
,e
xc
ep
tf
or
Gu
ya
na
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
t
EX
C
Ph
ase
d
EX
C
EX
C
EX
C
02
04
M
ea
ts
of
sh
ee
po
rg
oa
ts,
fre
sh
,c
hil
led
,o
rf
roz
en
Fr
ee
,e
xc
ep
tf
or
Ba
rba
do
s,
Su
rin
am
e
an
dJ
am
aic
aw
hic
ha
re
su
bje
ct
to
M
FN
tar
iff
EX
C
Fr
ee
EX
C
EX
C
Fr
ee
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 57
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
TA
BL
E
D.
2
Co
sta
Ri
ca
n
Li
st—
Co
nti
nu
ed
Ta
rif
fL
ine
HS
20
02
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
02
10
11
Ha
ms
,s
ho
uld
ers
an
dc
uts
the
reo
f,
wi
th
bo
ne
in
M
FN
,e
xc
ep
tf
or
Gu
ya
na
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
t
EX
C
Ph
ase
d
EX
C
EX
C
EX
C
03
05
Fis
h,
dri
ed
,s
alt
ed
or
in
bri
ne
;s
mo
ke
df
ish
,
wh
eth
er
or
no
tc
oo
ke
d
be
for
eo
rd
uri
ng
the
sm
ok
ing
pro
ce
ss;
flo
urs
,
me
als
an
dp
ell
ets
of
fis
h,
fit
for
hu
ma
n
co
ns
um
pti
on
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
wh
ich
is
fre
e,
an
d
Jam
aic
aa
nd
Su
rin
am
e
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
Ph
ase
d
EX
C
EX
C
Fr
ee
06
03
Cu
tf
low
ers
an
df
low
er
bu
ds
of
ak
ind
su
ita
ble
for
bo
uq
ue
ts
or
for
orn
am
en
tal
pu
rpo
ses
,
fre
sh
,d
rie
d,
dy
ed
,
ble
ac
he
d,
im
pre
gn
ate
do
r
oth
erw
ise
pre
pa
red
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Jam
aic
aa
nd
Su
rin
am
e
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
Ph
ase
d
EX
C
EX
C
Ph
ase
d
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
58 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ta
rif
fL
ine
HS
20
02
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
Ex
11
01
00
00
W
he
at
or
me
sli
nf
lou
r,
ex
clu
din
gf
lou
ro
fd
uru
m
wh
ea
t
Ph
asi
ng
ou
to
fte
ny
ear
s,
ex
cep
tfo
rJ
am
aic
aa
nd
Su
rin
am
ew
hic
ha
re
sub
jec
tto
M
FN
tar
iff
Ph
ase
d
Ph
ase
d
EX
C
EX
C
Ph
ase
d
Ex
11
06
20
00
Of
sag
oo
ro
fr
oo
ts
or
tub
ers
of
he
ad
ing
07
14
[on
ly
of
ma
nio
c(
ca
ssa
va
)]
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
Ex
16
01
Sa
usa
ge
sa
nd
sim
ila
r
pro
du
cts
,o
fm
eat
,m
eat
off
al
or
blo
od
;fo
od
pre
pa
rat
ion
sb
ase
do
nt
he
se
pro
du
cts
(ex
cep
ts
ala
mi
)
Fre
e,
ex
cep
tfo
r
Ba
rba
do
sa
nd
Jam
aic
a
wh
ich
are
sub
jec
tto
M
FN
tar
iff,
an
dT
rin
ida
d
an
dT
ob
ag
o,
wh
ich
is
sub
jec
tto
ph
asi
ng
ou
t
EX
C
Fr
ee
EX
C
Fr
ee
Ph
ase
d
Ex
16
02
Ot
he
rp
rep
are
do
r
pre
ser
ve
dm
ea
t,m
ea
t
off
al
or
blo
od
(ex
clu
din
g
16
02
.41
,1
60
2.4
2,
16
02
.49
)
Fr
ee
,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
ta
nd
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Ph
ase
d
Ex
16
02
49
90
Ot
he
rs
(on
ly
ba
co
n)
Fre
e,e
xce
pt
for
Ba
rba
do
s,
Jam
aic
aa
nd
Tri
nid
ad
and
To
bag
ow
hic
ha
re
sub
jec
t
to
MF
N
tar
iff
EX
C
Fr
ee
EX
C
Fr
ee
EX
C
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 59
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
TA
BL
E
D.
2
Co
sta
Ri
ca
nL
ist
—
Co
nti
nu
ed
Ta
rif
fL
ine
HS
20
02
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
Ex
16
02
49
90
Ot
he
rs
(on
ly
lun
ch
eo
n
me
at)
Fr
ee
,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
an
dJ
am
aic
aw
hic
ha
re
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
EX
C
16
03
Ex
tra
cts
an
dj
uic
es
of
me
at,
fis
ho
rc
rus
tac
ea
ns
,
mo
llu
scs
or
oth
er
aq
ua
tic
inv
ert
eb
rat
es
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
16
04
Pr
ep
are
do
rp
res
erv
ed
fis
h;
ca
via
ra
nd
ca
via
r
su
bs
titu
tes
pre
pa
red
fro
m
fis
he
gg
s
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
16
05
Cr
us
tac
ea
ns
,m
oll
us
cs
an
d
oth
er
aq
ua
tic
inv
ert
eb
rat
es,
pre
pa
red
or
pre
ser
ve
d
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
18
05
Co
co
ap
ow
de
r,n
ot
co
nta
ini
ng
ad
de
ds
ug
ar
or
oth
er
sw
ee
ten
ing
ma
tte
r
Fr
ee
,e
xc
ep
tf
or
Gu
ya
na
an
dJ
am
aic
a
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
Fr
ee
EX
C
EX
C
Fr
ee
Fr
ee
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
60 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ta
rif
fL
ine
HS
20
02
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
19
02
19
Ot
he
r
MF
N,
ex
cep
tfo
rT
rin
ida
d
an
dT
ob
ag
oa
nd
Ba
rba
do
s
wh
ich
are
sub
jec
tto
ph
asi
ng
ou
ta
nd
Su
rin
am
e,w
hic
hi
sf
ree
Ph
ase
d
EX
C
EX
C
Fr
ee
Ph
ase
d
Ex
19
05
Br
ead
,p
ast
ry,
cak
es,
an
d
oth
er
ba
ke
rs
wa
res
,w
he
the
r
or
no
tc
on
tai
nin
gc
oc
oa
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
19
05
31
Sw
ee
tb
isc
uit
M
FN
,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
an
dS
uri
na
me
wh
ich
are
fre
e
EX
C
EX
C
EX
C
Fr
ee
Fr
ee
19
05
90
Ot
he
r(
oth
er
bis
cu
its
)
M
FN
,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
an
dS
uri
na
me
wh
ich
are
fre
e
EX
C
EX
C
EX
C
Fr
ee
Fr
ee
Ex
20
05
90
Ot
he
r(
on
ly
co
rn
ch
ips
)
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
20
08
11
Pe
an
uts
(gr
ou
nd
nu
ts)
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Fr
ee
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 61
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
TA
BL
E
D.
2
Co
sta
Ri
ca
nL
ist
—
Co
nti
nu
ed
Ta
rif
fL
ine
HS
20
02
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
21
04
So
up
sa
nd
bro
ths
an
d
pre
pa
rat
ion
st
he
ref
or;
ho
mo
ge
niz
ed
co
mp
os
ite
foo
dp
rep
ara
tio
ns
Fr
ee
,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
t,a
nd
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
Fr
ee
Ph
ase
d
21
05
Ice
cre
am
an
do
the
r
ed
ibl
ei
ce
,w
he
the
ro
rn
ot
co
nta
ini
ng
co
co
a
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Gu
ya
na
,S
uri
na
me
an
d
Jam
aic
aw
hic
ha
re
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
EX
C
EX
C
EX
C
Ph
ase
d
Ex
22
02
10
Ae
rat
ed
be
ve
rag
es
Fr
ee
for
Tr
ini
da
da
nd
To
ba
go
an
dp
ha
sin
g
ou
tf
or
Su
rin
am
e.
Jam
aic
a,
Ba
rba
do
sa
nd
Gu
ya
na
sh
all
be
su
bje
ct
to
M
FN
tar
iff
EX
C
EX
C
EX
C
Ph
ase
d
Fr
ee
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
62 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ta
rif
fL
ine
HS
20
02
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
22
06
Ot
he
rf
erm
en
ted
be
ve
rag
es
(fo
re
xa
mp
le,
cid
er,
pe
rry
,m
ea
d);
mi
xtu
res
of
fer
me
nte
d
be
ve
rag
es
an
dm
ixt
ure
so
f
fer
me
nte
db
ev
era
ge
sa
nd
no
n-a
lco
ho
lic
be
ve
rag
es,
no
te
lse
wh
ere
sp
ec
ifi
ed
or
inc
lud
ed
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Gu
ya
na
,S
uri
na
me
an
d
Jam
aic
aw
hic
ha
re
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
EX
C
EX
C
EX
C
Ph
ase
d
24
02
10
Ci
ga
rs,
ch
ero
ots
an
d
cig
ari
llo
s,
co
nta
ini
ng
tob
ac
co
M
FN
,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
ta
nd
Su
rin
am
e,
wh
ich
is
fre
e
EX
C
EX
C
EX
C
Fr
ee
Ph
ase
d
33
04
Be
au
ty
or
ma
ke
-up
pre
pa
rat
ion
sa
nd
pre
pa
rat
ion
sf
or
the
ca
re
of
the
sk
in
(ot
he
rt
ha
n
me
dic
am
en
ts)
,in
clu
din
g
su
ns
cre
en
or
su
nta
n
pre
pa
rat
ion
s;
ma
nic
ure
or
pe
dic
ure
pre
pa
rat
ion
s
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
an
dT
rin
ida
da
nd
To
ba
go
,w
hic
hi
sf
ree
Ph
ase
d
Ph
ase
d
EX
C
Ph
ase
d
Fr
ee
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 63
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
TA
BL
E
D.
2
Co
sta
Ri
ca
nL
ist
—
Co
nti
nu
ed
Ta
rif
fL
ine
HS
20
02
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
33
05
Pr
ep
ara
tio
ns
for
us
eo
n
the
ha
ir
Ph
asi
ng
ou
t,e
xc
ep
t
for
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
an
dT
rin
ida
da
nd
To
ba
go
,w
hic
hi
sf
ree
Ph
ase
d
Ph
ase
d
EX
C
Ph
ase
d
Fr
ee
Ex
33
06
10
00
De
nti
fri
ce
s(
ex
clu
din
g
too
thp
ast
e)
Ph
asi
ng
ou
t,e
xc
ep
t
for
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
an
dT
rin
ida
da
nd
To
ba
go
,w
hic
hi
sf
ree
Ph
ase
d
Ph
ase
d
EX
C
Ph
ase
d
Fr
ee
33
06
20
00
Ya
rn
us
ed
to
cle
an
be
tw
ee
nt
he
tee
th
Ph
asi
ng
ou
t,e
xc
ep
t
for
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
an
dT
rin
ida
da
nd
To
ba
go
,w
hic
hi
sf
ree
Ph
ase
d
Ph
ase
d
EX
C
Ph
ase
d
Fr
ee
33
06
90
00
Ot
he
r
Ph
asi
ng
ou
t,e
xc
ep
t
for
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
an
dT
rin
ida
da
nd
To
ba
go
,w
hic
hi
sf
ree
Ph
ase
d
Ph
ase
d
EX
C
Ph
ase
d
Fr
ee
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
64 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ta
rif
fL
ine
HS
20
02
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
33
07
Pr
e-s
ha
ve
,s
ha
vin
go
r
aft
er-
sh
av
ep
rep
ara
tio
ns
,
pe
rso
na
ld
eo
do
ran
ts,
ba
th
pre
pa
rat
ion
s,
de
pil
ato
rie
s
an
do
the
rp
erf
um
ery
,
co
sm
eti
co
rt
oil
et
pre
pa
rat
ion
s,
no
t
els
ew
he
re
sp
ec
ifi
ed
or
inc
lud
ed
;p
rep
are
dr
oo
m
de
od
ori
ze
rs,
wh
eth
er
or
no
tp
erf
um
ed
or
ha
vin
g
dis
inf
ec
tan
tp
rop
ert
ies
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
an
dT
rin
ida
da
nd
To
ba
go
,w
hic
hi
sf
ree
Ph
ase
d
Ph
ase
d
EX
C
Ph
ase
d
Fr
ee
Ex
34
02
20
Li
qu
id
ble
ac
h
Fr
ee
,e
xc
ep
tf
or
Jam
aic
aa
nd
Su
rin
am
e
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
Fr
ee
Fr
ee
EX
C
EX
C
Fr
ee
38
08
10
Ins
ec
tic
ide
s(
ex
clu
din
g
mo
sq
uit
oc
oil
s)
Ph
asi
ng
ou
t,e
xc
ep
tf
or
Jam
aic
aa
nd
Su
rin
am
e
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
an
d
Tr
ini
da
da
nd
To
ba
go
,
wh
ich
is
fre
e
Ph
ase
d
Ph
ase
d
EX
C
EX
C
Fr
ee
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 65
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
TA
BL
E
D.
2
Co
sta
Ri
ca
nL
ist
—
Co
nti
nu
ed
Ta
rif
fL
ine
HS
20
02
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
Ex
38
08
10
M
os
qu
ito
co
ils
Fr
ee
,e
xc
ep
tf
or
Tr
ini
da
da
nd
To
ba
go
wh
ich
is
su
bje
ct
to
ph
asi
ng
ou
ta
nd
for
Jam
aic
aa
nd
Gu
ya
na
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
Fr
ee
EX
C
EX
C
Fr
ee
Ph
ase
d
38
14
00
10
So
lve
nts
an
dt
hin
ne
rs
Ph
asi
ng
ou
t,e
xc
ep
t
for
Jam
aic
aw
hic
hi
s
su
bje
ct
to
M
FN
tar
iff
Ph
ase
d
Ph
ase
d
EX
C
Ph
ase
d
Ph
ase
d
42
02
21
W
ith
ou
ter
su
rfa
ce
of
lea
the
r,o
fc
om
po
sit
ion
lea
the
ro
ro
fp
ate
nt
lea
the
rF
ree
,e
xc
ep
tf
or
Jam
aic
aa
nd
Gu
ya
na
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
Fr
ee
EX
C
EX
C
Fr
ee
Fr
ee
Ex
42
02
31
W
all
ets
,o
fc
om
po
sit
ion
lea
the
ro
ro
fp
ate
nt
lea
the
rF
ree
,e
xc
ep
tf
or
Jam
aic
aa
nd
Gu
ya
na
wh
ich
are
su
bje
ct
to
M
FN
tar
iff
Fr
ee
EX
C
EX
C
Fr
ee
Fr
ee
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
66 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ta
rif
fL
ine
HS
20
02
De
scr
ipt
ion
Co
sta
Ri
ca
Ba
rb
ad
os
Gu
ya
na
Ja
ma
ica
Su
rin
am
e
Tr
ini
da
d
an
dT
ob
ag
o
48
23
Ot
he
rp
ap
er,
pa
pe
rbo
ard
,
ce
llu
los
ew
ad
din
ga
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Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 67
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
TA
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Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
68 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ta
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Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 69
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
TA
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Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
70 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
E. SPECIAL TREATMENT FOR HEADING 0201 AND 0202
Upon entry into force of this Agreement, items of Heading 0201 and 0202
from Costa Rica shall not receive duty-free access into CARICOM except
where a CARICOM MDC receives permission to suspend the CET on the
importation of such products in accordance with the provisions of Article 83
of the Revised Treaty of Chaguaramas. Where such permission is received the
Member State agrees to give Costa Rica the right of first supplier.
The permission granted by the Conference of Heads of Government of
the Caribbean Community at its Ninth Special Meeting in November 2003 to
Trinidad and Tobago for the suspension by that State of the CET on the
importation of items of Heading 0201 and 0202 from Costa Rica shall remain
in force until December 31, 2005.
OPERATIONS OF THE CARICOM CET SUSPENSION MECHANISM:
1. Suspension of the CET to permit importation at reduced or zero duty
is by decision of the Council For Trade and Economic Development
(COTED) or by the Secretary General (SG) acting under delegated authority.
2. The process is codified whereby the request is submitted to the
Secretary General who must communicate this to all Member States within
two (2) days; Member States have seven (7) calendar days in which to
respond stating ability to supply or otherwise.
3. The Secretary General has fourteen (14) calendar days in which to issue
the certificate authorizing the suspension or to inform the Member State of his
refusal to so issue and indicating the Member State(s) with the ability to supply.
4. When the Secretary General authorises the suspension of the CET,
the Member State will notify the Ministry of Foreign Trade of Costa Rica
during the following three (3) days.
ARTICLE 03
SPECIAL TREATMENT APPLICABLE TO OILS, FATS AND SOAPS
1. The Parties agree that the products comprised in Tables E.1 and E.2 will
be subject to special treatment, in accordance with the provisions of this Annex.
2. The Parties agree that the Joint Council will meet, within the period
of three months after internal negotiations in CARICOM have been
concluded regarding the Oils and Fats Agreement, in order to determine the
treatment that will be granted, within the Agreement, to products of Chapter
fifteen (15) and of Chapter thirty-four (34), with particular reference to soaps,
of the Harmonized System.
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 71
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
72 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
TABLE E.1
CARICOM List
1501001 Lard
1501009 Other
1502001 Tallow
1502009 Other
1503001 Tallow oil
1503009 Other
1504100 Fish-liver oils and their fractions
1504200 Fats and oils and their fractions, of fish, other than liver
oils
1504300 Fats and oils and their fractions, of marine mammals
1505900 Other
1506000 Other animal fats and oils and their fractions, whether or
not refined, but not chemically modified
1507100 Crude oil, whether or not degummed
1507900 Other
1508100 Crude oil
1508900 Other
1509100 Virgin
1509900 Other
1510001 Crude oil
1510009 Other
1511100 Crude oil
1511901 Palm stearin
1511909 Other
1512110 Crude oil
1512190 Other
1512210 Crude oil, whether or not gossypol has been removed
1512290 Other
1513110 Crude oil
1513190 Other
1513210 Crude oil
1513290 Other
1514100 Crude oil
1514900 Other
1515110 Crude oil
1515190 Other
1515210 Crude oil
1515290 Other
1515300 Castor oil and it fractions
Tariff Line Description
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Costa Rica Free Trade Chap. 81:10 73
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Caribbean Community (CARICOM)
1515400 Tung oil and its fractions
1515500 Sesame oil and its fractions
1515600 Jojoba oil and its fractions
1515900 Other
1516101 Fish fats and oils and their fractions
1516109 Other
1516200 Vegetable fats and oils and their fractions
1517100 Margarine, excluding liquid margarine
1517901 Imitation lard and lard substitutes (shortening)
1517909 Other
1518000 Animal or vegetable fats and oils and their fractions,
boiled, oxidized, dehydrated, sulphurized, blown,
polymerized by heat in vacuum or in inert gas or
otherwise chemically modified, excluding those of
heading N° 15.16; inedible mixtures or preparations of
animal or vegetable fats or oils or fractions of different
fats or oils of this Chapter, not elsewhere specified are
included
1520000 Glycerol, (crude): glycerol waters and glycerollyes
1521100 Vegetable waxes
1521900 Other
1522000 Degras; residues resulting from the treatment of fatty
substance or animal or vegetable waxes
3401111 Medicated soap
3401112 Other, in the form of bars, cakes, moulded pieces or
shapes
3401119 Other
3401191 In the form of bars, cakes, moulded pieces or shapes, for
laundry and other household uses
3401199 Other
3401201 Industrial soaps
3401209 Other
34013000 Organic surface-active products and preparations for
washing the skin, in the form of liquid or cream and put
up for retail sale, whether or not containing soap
Tariff Line Description
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tariff Line Description
HS 2002
74 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
TABLE E.2
Costa Rican List
15010000 Pig fat (including lard) and poultry fat, other than that
of heading No. 0209 or 1503
15020000 Fats of bovine animals, sheep or goats other than those
of heading No. 1503
15030010 Lard stearin and lard oil
15030090 Other
15041000 Fish-liver oils and their fractions
15042000 Fats and oils and their fractions, of fish, other than liver
oils
15043000 Fats and oils and their fractions, of marine mammals
15050000 Wool grease and fatty substances derived therefrom
(including lanolin)
15060000 Other animal fats and oils and their fractions, whether or
not refined, but not chemically modified
15071000 Crude oil, whether or not degummed
15079000 Other
15081000 Crude oil
15089000 Other
15091000 Virgin
15099000 Other
15100000 Other oils and their fractions obtained solely from olives,
whether or not refined, but not chemically modified,
including blends of these oils or fractions with oils or
fractions of heading No. 1509
15111000 Crude oil
15119010 Palm stearin with an iodine content not exceeding 48
15119090 Other
15121100 Crude oil
15121900 Other
15122100 Crude oil, whether or not degummed
15122900 Other
15131100 Crude oil
15131900 Other
15132100 Crude oil
15132900 Other
15141100 Crude oil
15141900 Other
15149100 Crude oil
15149900 Other
15151100 Crude oil
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Costa Rica Free Trade Chap. 81:10 75
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Caribbean Community (CARICOM)
15151900 Other
15152100 Crude oil
15152900 Other
15153000 Castor oil and its fractions
15154000 Tung oil and its fractions
15155000 Sesame oil and its fractions
15159010 Other drying oils
15159020 Jojoba oil and its fractions
15159090 Other
15161000 Animal fats and oils and their fractions
15162010 Vegetable fats partly hydrogenated and inter-esterified
(with a resoftening range inferior to 41°C but not less
than 32°C)
15162090 Other
15171000 Margarine, excluding liquid margarine
15179010 Fat based preparations with added aromas, for the
elaboration of food products
15179020 Hydrogenated vegetable oil preparations, with an
addition of magnesium carbonate, used in the
confectionery and bakery industry
15179090 Other
15180000 Animal or vegetable fats and oils and their fractions, boiled,
oxidized, dehydrated, sulphurized, blown, polymerized by
heat in vacuum or in inert gas or otherwise chemically
modified, excluding those of heading No. 1516; inedible
mixtures or preparations of animal or vegetable fats or oils
or of fractions of different fats or oils of this Chapter, not
elsewhere specified or included
15200000 Glycerol, crude; glycerol waters or glycerol lyes
15211000 Vegetable waxes
15219000 Other
15220000 Degras; residues resulting from the treatment of fatty
substances or animal or vegetable waxes
34011111 Medicated, except the disinfectant
34011119 Other
34011120 Organic surface-active products and preparations used as
soap
34011130 Paper, wadding felt and nonwovens, impregnated, coated
or covered with soap or detergent
34011900 Other
34012010 Liquid soap, medicated (except the disinfectant)
34012090 Other
34013000 Organic surface-active products and preparations for washing
the skin, in the form of liquid or cream and put up for retail
sale, whether or not containing soap
Tariff Line Description
HS 2002
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
ANNEX III.15
EXPORT TAXES
In the case of Costa Rica:
The provisions of Article III.15 shall not apply to Costa Rica for the
following goods:
(a) banana, as provided in Law No. 5515 of April 19, 1974 and
its amendments, Law No. 5519 of April 24, 1974 and its
amendments, and Law No. 4895 of November 16, 1971 and
its amendments, or pursuant to any subsequent equivalent
provisions;
(b) coffee, as provided in Law No. 2762 of June 21, 1961 and
its amendments, as well as Law No. 5519 of May 24, 1978
and its amendments, or pursuant to any subsequent
equivalent provisions; and
(c) meat, as provided in Law No. 6247 of May 2, 1978 and its
amendments, Livestock Law for National Consumption and
Export Supply, and Law No.7837 of October 5, 1998, Law
Creating the Livestock Corporation.
76 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
ANNEX III.04.6
Goods produced by companies operating under Free Trade Zone
Regimes eligible for tariff elimination benefits
The following goods produced by companies operating under free trade
zone regimes are eligible for the tariff elimination benefits provided for in this
Agreement subject to the applicable rules of origin.
HS Code Description
8473.30 Parts and accessories of the machines of heading
No. 8471
8533 Electrical resistors (including rheostats and
potentiometers), other than heating resistors
8534 Printed circuits
8542 Electronic integrated circuits and microassemblies
8543.90 Parts
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Costa Rica Free Trade Chap. 81:10 77
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Caribbean Community (CARICOM)
CHAPTER IV: RULES OF ORIGIN
ARTICLE IV.01
DEFINITIONS
For the purposes of this Chapter:
F.O.B. means free on board regardless of the mode of transportation, at the
point of direct shipment by the seller to the buyer;
generally accepted accounting principles means the principles used in the
territory of each Party, which provide substantial authoritative support
with regard to the recording of income, costs, expenses, assets and
liabilities involved in the disclosure of information and preparation of
financial statements. These indicators may be broad guidelines of general
application, as well as those standards, practices and procedures usually
employed in accounting;
good means any merchandise, product, article or material;
goods wholly obtained or produced entirely in the territory of one or both
Parties means:
(a) minerals and other natural resources extracted or taken from
the territory of one or both Parties;
(b) plants and plant products harvested in the territory of one or
both Parties;
(c) live animals born and raised in the territory of one or both Parties;
(d) goods obtained from live animals in the territory of one or
both of the Parties;
(e) goods obtained from hunting, trapping, fishing, gathering or
capturing in the territory of one or both Parties;
(f) goods (fish, shellfish and other marine life) taken from the
sea, seabed or subsoil outside the territory of one or both of
the Parties by a vessel registered, recorded or listed with a
Party, or leased by a company established in the territory of
a Party, and entitled to fly its flag;
(g) goods produced on board a factory ship from the goods
referred to in subparagraph (f), provided such factory ship is
registered, recorded or listed with a Party, or leased by a
company established in the territory of a Party, and entitled
to fly its flag;
(h) goods, other than fish, shellfish and other marine life, taken
or extracted from the seabed or the subsoil, in the area
outside the continental shelf and the exclusive economic
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
zone of either of the Parties or of any other State as defined
in the United Nations Convention on the Law of the Sea, by
a vessel registered, recorded or listed with a Party and
entitled to fly its flag, or by a Party or person from a Party;
(i) waste and scrap derived from:
(i) production in the territory of one or both Parties; or
(ii) used goods collected in the territory of one or both
Parties, provided such goods are fit only for the
recovery of raw materials; and
(iii) goods produced in the territory of one or both Parties
exclusively from goods referred to in subparagraphs (a)
through (i), or from their derivatives, at any stage
of production;
indirect material means a good used in the production, testing or inspection
of a good, but that is not physically incorporated in that good; or a good
that is used in the maintenance of buildings or the operation of equipment
related to the production of a good, including:
(a) fuel and energy;
(b) tools, dies and molds;
(c) spare parts and materials used in the maintenance of
equipment and buildings;
(d) lubricants, greases, compounding materials and other
materials used in production process, equipment operation
or maintenance of buildings;
(e) gloves, glasses, footwear, clothing, safety equipment and
supplies;
(f) equipment, apparatus and accessories used for the
verification or inspection of goods;
(g) catalysts and solvents; and
(h) any other goods that are not incorporated in the good, but the
use of which, 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;
non-originating good or non-originating material means a good or a
material that does not qualify as originating under this Chapter;
production means growing, mining, extracting, harvesting, fishing, trapping,
gathering, collecting, capturing, hunting, manufacturing or processing of
a good;
producer means a person who grows, mines, extracts, harvests, fishes, traps,
gathers, collects, captures, hunts, manufactures or processes a good;
related person means a related person as defined in the Customs Valuation
Agreement and in accordance with the domestic law of each Party;
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
78 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
transaction value means:
(a) the price actually paid or payable for a good or material with
respect to a transaction by the producer of the good
according to the principles of Article 1 of the Customs
Valuation Agreement, adjusted in accordance with the
principles of Article 8.1, 8.3 and 8.4 of said Agreement,
where the good or material is sold for export; or
(b) where there is no transaction value or the transaction value is
unacceptable under Article 1 of the Customs Valuation
Agreement, the value determined in accordance withArticles 2
through 7 of the Customs Valuation Agreement; and
used means employed, used or consumed in the production of goods.
ARTICLE IV.02
APPLICATION INSTRUMENTS
For the purposes of this Chapter:
(a) the basis for tariff classification is the Harmonized System; and
(b) all costs referred to in this Chapter shall be recorded and
maintained in accordance with the generally accepted
accounting principles applicable in the territory of the Party
in which the good is produced.
ARTICLE IV.03
ORIGINATING GOODS
1. Except as otherwise provided in this Chapter, a good shall be
deemed to originate in the territory of a Party where:
(a) it is wholly obtained or produced entirely in the territory of
one or both Parties as defined in Article IV.01;
(b) it is produced entirely in the territory of one or both Parties
exclusively from originating materials under this Chapter; or
(c) each of the non-originating materials used in the production
of the good undergoes an applicable change in tariff
classification as set out in Annex IV.03 as a result of
production occurring entirely in the territory of one or both
of the Parties, or the good otherwise satisfies the applicable
requirements of that Annex where no change in tariff
classification is required, and the good satisfies all other
applicable requirements of this Chapter.
2. For the purpose of this Chapter, the production of a good from non-
originating materials that comply with a change of tariff classification and
other requirements, according to the provisions of Annex IV.03, shall be done
entirely in the territory of one or both Parties.
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ARTICLE IV.04
VALUE OF NON-ORIGINATING MATERIALS
The value of a material used in the production of a good shall:
(a) be the transaction value of the material determined in
accordance withArticle 1 of the CustomsValuationAgreement;
(b) in the event that there is no transaction value or the
transaction value of the material is unacceptable under
Article 1 of the Customs Valuation Agreement, be
determined in accordance with Articles 2 through 7 of the
Customs Valuation Agreement;
(c) where not covered under subparagraph (a) or (b), include
freight, insurance, packing and all other costs incurred in
transporting the material to the place of importation; or
(d) in the case of a domestic transaction, be determined in
accordance with the principles of the Customs Valuation
Agreement in the same manner as an international
transaction, with such adjustments as may be required by
the circumstances.
ARTICLE IV.05
DE MINIMIS
1. Except as provided in paragraphs 2 and 3 a good shall be considered
to be an originating good if the value of all non-originating materials used in
the production of the good that do not undergo an applicable change in tariff
classification set out in Annex IV.03 does not exceed seven per cent (7%) of
the transaction value of the good adjusted on an F.O.B. basis, provided that
the good satisfies all other applicable requirements of this Chapter.
2. Except as specified in a product-specific rule of origin of Annex IV.03
applicable to a good, paragraph 1 does not apply to a non-originating material
used in the production of a good included in Chapters 1 through 24 of the
Harmonized System, unless the non-originating material is provided for in a
different subheading from the good for which origin is being determined under
this Article.
3. A good provided for in Chapters 50 through 63 of the Harmonized
System, that is a non-originating good because certain fibres or yarns used in
the production of the component of the good that determines the tariff
classification of the good do not undergo an applicable change in tariff
classification set out in Annex IV.03, shall nonetheless be considered an
originating good if the total weight of all such fibres or yarns in that material
does not exceed ten per cent (10%) of the total weight of that material.
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ARTICLE IV.06
ACCUMULATION
For purposes of determining whether a good is an originating good, the
production of the good in the territory of one or both of the Parties by one or
more producers, at the choice of the exporter or producer of the good for
which preferential tariff treatment is claimed, shall be considered to have been
performed in the territory of either of the Parties by that exporter or producer,
provided that:
(a) all non-originating materials used in the production of the
good undergo an applicable tariff classification change set
out in Annex IV.03, in the territory of one or both of the
Parties; and
(b) the good satisfies all other applicable requirements of this
Chapter.
ARTICLE IV.07
SETS OR ASSORTMENTS OF GOODS
Sets, as defined in general rule 3 of the Harmonized System, shall be
regarded as originating when all goods contained in the set qualify as
originating goods. Nevertheless, when a set is composed of originating
and non-originating goods, the set as a whole shall be regarded as
originating provided that the value of the non-originating goods does not
exceed seven per cent (7%) of the FOB value of the set.
ARTICLE IV.08
INDIRECT MATERIAL
The indirect materials shall be considered originating goods, regardless
of where they are produced.
ARTICLE IV.09
ACCESSORIES, SPARE OR REPLACEMENT PARTS AND TOOLS
Accessories, spare or replacement parts and tools delivered with the good
as part of the standard accessories, spare parts, or tools of the good shall not
be considered to determine whether all the non-originating materials used in
the production of the good undergo the applicable change in tariff
classification set out in Annex IV.03 provided that:
(a) the accessories, spare or replacement parts and tools are
not invoiced separately from the good regardless of
whether they are broken down or detailed separately in the
same invoice; and
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(b) the quantity and value of the accessories, spare or
replacement parts or tools are customary for the good.
ARTICLE IV.10
PACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE
Packaging materials and containers in which a good is packaged for retail
sale shall, if classified with the good they contain, be disregarded in
determining whether all the non-originating materials used in the production
of the good undergo the applicable change in tariff classification set out in the
Annex IV.03.
ARTICLE IV.11
PACKAGING MATERIALS AND CONTAINERS FOR SHIPMENT
Packaging materials and containers in which the good is packed for
shipment shall be disregarded in determining whether all the non-originating
materials used in the production of the good undergo the applicable change in
tariff classification set out in the Annex IV.03.
ARTICLE IV.12
OPERATIONS AND PRACTICES THAT DO NOT CONFER ORIGIN
1. Except for sets referred to in Article IV.07 or as specified in a
product-specific rule of origin of Annex IV.03 applicable to the good, a good
shall not be considered to be an originating good merely by reason of:
(a) disassembly of the good into its parts;
(b) a change in the end use of the good;
(c) the mere separation of one or more individual materials or
components from an artificial mixture;
(d) mere dilution with water or another substance that does not
materially alter the characteristics of the good;
(e) removal of dust or damaged parts from, oiling of, or
applying anti-rust paint or protective coatings to, the good;
(f) testing or calibration, division of loose shipments, grouping
into packages, or attaching identifying labels, markings or
signs to the good or its packaging;
(g) simple operations destined to assure the preservation of
the goods during transportation or storage, such as
ventilation, cooling, extraction of damaged parts, drying
or addition of substances;
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(h) dusting, sifting, classifying, selecting, washing, cutting;
(i) placing marks, labels or similar distinctive signs;
(j) cleaning, including removal of oxide, grease, paint or other
coatings;
(k) packaging or repackaging of the good;
(l) the slaughtering of animals; or
(m) operations which consist solely of welding, soldering,
fastening, riveting, bolting and like operations, or
otherwise putting together of all finished parts or components
to constitute a finished product.
2. Origin shall not be conferred upon a good by any price-setting
practice or activity in respect of which it may be demonstrated, on the basis
of a preponderance of evidence, that the object was to circumvent the
provisions under this Chapter.
ARTICLE IV.13
DIRECT TRANSPORT
1. In order for goods to benefit from the preferential tariff treatment
provided under this Agreement, they shall be subject to direct expedition from
the exporting Party to the importing Party.
2. For the purpose of paragraph 1, goods may:
(a) be transported directly from the exporting Party to the
importing Party; or
(b) be transported in transit through one or more countries,
either Party or non Party of this Agreement, with or without
transshipment or temporary storage under surveillance of
customs authorities of such countries, provided that:
(i) the transit is justified by geographical reasons or by
considerations related to international transport
requirements;
(ii) they do not enter into domestic trade or consumption
in such countries; and
(iii) they do not undergo further production or be subject
to any other operation outside the territory of the
Parties, other than unloading, reloading or any other
operation necessary to preserve the good in good
condition or to transport it to the territory of a Party.
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ANNEX IV.03:
SPECIFIC RULES OF ORIGIN
SECTION A—GENERAL INTERPRETATIVE NOTE
1. A requirement of a change in tariff classification applies only to non-
originating materials.
2. Where a specific rule of origin is defined using the criterion of a
change in tariff classification, and it is written to exempt tariff items at the
level of a chapter, heading or subheading of the Harmonized System, it shall
be construed to mean that the materials corresponding to such tariff items
must be originating for the good to qualify as originating.
3. When a specific rule of origin is defined using the criterion of
change in tariff classification, and the terms “within that subheading” or
“within that heading” are used, it shall be construed that any production
process confers origin, except for those processes set out under Article IV.12
(Operations and practices that do confer origin).
2 “Fry” means immature fish at a post-larval stage and includes fingerlings, parr, smolts and elvers.3 For the purposes of the present Annex, it shall be considered that “wholly obtained or entirely
produced” goods are those that comply with the definition set out under Article IV.01.
Chapter 02 Meat and Edible Meat Offal
02.01 – 02.10 Products under this heading shall be deemed to originate in
the country where the animal is born and raised
Chapter 03 Fish and Crustaceans, Mollusks and Other Aquatic
Invertebrates
03.01 – 03.05 Products under this heading shall be deemed to originate in
the country where the fish are caught, allowing the use of
non-originating fry2
03.06 – 03.07 Products under this heading shall be deemed to originate in
the country where the crustaceans, mollusks and other
aquatic invertebrates are caught, allowing the use of larvae
and non-originating fry
Chapter 04 Milk and Dairy Products; Bird’s Eggs; Natural Honey;
Edible Products of Animal Origin, Not Elsewhere
Specified or Included
04.01 – 04.06 Products under this heading shall be deemed to originate in
the country where the natural or unprocessed milk is wholly
obtained or entirely produced3
04.07 – 04.10 Products under this heading shall be deemed to originate in
the country where the eggs, natural or unprocessed honey
or other animal products not included elsewhere are wholly
obtained or entirely produced
Chapter 05 Products of Animal Origin, Not Elsewhere Specified or
Included
05.01 – 05.11 Products under this heading shall be deemed to originate in the
country where they are wholly obtained or entirely produced
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SECTION II—VEGETABLE PRODUCTS
Note to Section II:
Agricultural and horticultural goods harvested in the territory of a Party shall
be treated as originating in the territory of that Party even if grown from seed,
bulbs, rootstock, cuttings, slips or other live parts of plants imported from a
Party or a non-Party country.
Chapter 06 Live Trees and Other Plants; Bulbs, Roots and the Like;
Cut Flowers and Ornamental Foliage
06.01 – 06.04 Products under this heading shall be deemed to originate in
the country where they are wholly obtained or entirely
produced through harvesting
Chapter 07 Edible Vegetables and Certain Roots and Tubers
07.01 – 07.14 Products under this heading shall be deemed to originate in
the country where they are wholly obtained or entirely
produced in their natural or unprocessed state through
harvesting
Chapter 08 Fruit and Edible Fruits; Peel of Citrus Fruit orMelons
08.01 – 08.14 Products under this heading shall be deemed to originate in
the country where they are wholly obtained or entirely
produced in their natural or unprocessed state through
harvesting
Chapter 09 Coffee, Tea, Maté and Spices
09.01 Products under this heading shall be deemed to originate in
the country where they are wholly obtained or entirely
produced in their natural or unprocessed state through
harvesting
0902.10 – 0902.40 A change to subheading 0902.10 through 0902.40 from
within that subheading or any other subheading
09.03 Products under this heading shall be deemed to originate in
the country where they are wholly obtained or entirely
produced through harvesting
0904.11 – 0910.99 A change to subheading 0904.11 through 0910.99 from
within that subheading or any other subheading, except
from subheading 0709.60, 0904.20 or 0910.10
Chapter 10 Cereals
10.01 – 10.08 Products under this heading shall be deemed to originate in
the country where cereals are wholly obtained or entirely
produced through harvesting
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SECTION III—ANIMAL OR VEGETABLE FATS AND OILS AND
THEIR CLEAVAGE PRODUCTS; PREPARED EDIBLE FATS; ANIMAL
OR VEGETABLE WAXES
Chapter 11 Products of the Milling Industry; Malt; Starches;
Inulin; Wheat Gluten
11.01 – 11.03 A change to heading 11.01 through 11.03 from any other
heading
1104.12–1104.30 A change to subheading 1104.12 through 1104.30 from any
other subheading.
11.05 – 11.07 Products under this heading shall be deemed to originate in
the country where all the materials are wholly obtained or
entirely produced
11.08 – 11.09 A change to heading 11.08 through 11.09 from any other
heading
Chapter 12 Oil Seeds and Oleaginous Fruits; Miscellaneous Grains,
Seeds and Fruit; Industrial or Medicinal Plants; Straw
and Fodder
12.01 – 12.07 Products under this heading shall be deemed to originate in
the country where the seeds and oleaginous fruits are
wholly obtained or entirely produced through harvesting
12.08 A change to heading 12.08 from any other heading, except
from subheading 1207.10
12.09 – 12.14 Products under this heading shall be deemed to originate in
the country where they are wholly obtained or entirely
produced through harvesting
Chapter 13 Gums, Resins andOtherVegetables Saps and Extracts
13.01 -13.02 Products under this heading shall be deemed to originate in
the country where they are wholly obtained or entirely
produced through extraction, exuding and cutting
Chapter 14 Vegetable Plaiting Materials; Vegetable Products Not
Elsewhere Specified or Included
14.01 – 14.04 Products under this heading shall be deemed to originate in
the country where they are wholly obtained or entirely
produced through harvesting or collecting
Chapter 15 Animal or Vegetable Fats and Oils and their Cleavage
Products; Prepared Edible Fats; Animal or Vegetable
Waxes
15.01 – 15.22 Rules of origin under these headings shall be agreed when
the Parties define the respective treatment on Market
Access for products under this Chapter
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SECTION IV—PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND
VINEGAR; TOBACCO AND MANUFACTURED TOBACCO
SUBSTITUTES
Chapter 16 Preparations of Meat, of Fish or of Crustaceans,
Mollusks or Other Aquatic Invertebrates
16.01 – 16.02 A change to heading 16.01 through 16.02 from any other
Chapter, except from heading 02.01, 02.02 or 02.07,
allowing the use of non-originating mechanically de-boned
or separated fowl
16.03 – 16.05 A change to heading 16.03 through 16.05 from any other
Chapter
Chapter 17 Sugars and Sugar Confectionery
17.01 – 17.03 Products under this heading shall be deemed to originate in
the country where they are wholly obtained or entirely
produced
17.04 A change to heading 17.04 from any other heading
Chapter 18 Cocoa and Cocoa Preparations
18.01 – 18.02 Products under this heading shall be deemed to originate in
the country where the cocoa is wholly obtained or entirely
produced through harvesting
18.03 A change to heading 18.03 from any other heading
18.04 – 18.05 A change to heading 18.04 through 18.05 from any other
heading, except from heading 18.03
18.06 A change to heading 18.06 from any other heading, except
from heading 18.03
Chapter 19 Preparations of Cereals, Flour, Starch or Milk; Pastry
Products
1901.10 A change to subheading 1901.10 from any other heading,
except from heading 04.02
1901.20 A change to subheading 1901.20 from any other heading
1901.90 A change to subheading 1901.90 from any other heading,
except from heading 04.02
19.02 – 19.05 A change to heading 19.02 through 19.05 from any other
heading
Chapter 20 Preparations of Vegetables, Fruits or Other Fruits, or
Other Parts of Plants
20.01 – 20.04 A change to heading 20.01 through 20.04 from any other
heading
2005.10 A change to subheading 2005.10 from any other heading
2005.20–2005.90 A change to subheading 2005.20 through 2005.90 from any
other heading
20.06 A change to heading 20.06 from any other heading
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2007.10 A change to subheading 2007.10 from any other subheading
2007.91–2007.99 A change to subheading 2007.91 through 2007.99 from any
other heading
2008.11–2008.19 A change to subheading 2008.11 through 2008.19 from any
other heading
2008.20 A change to subheading 2008.20 from any other heading,
except from subheading 0804.30 or from heading 17.01
2008.30–2008.99 A change to subheading 2008.30 through 2008.99 from any
other heading
2009.11–2009.90 A change to subheading 2009.11 through 2009.90 from any
other subheading, allowing the use of non-originating
concentrate, except concentrate from citrus, passion fruit and
pineapple
Chapter 21 Miscellaneous Edible Preparations
2101.11 – 2101.12 Products under this subheading shall be deemed to originate
in the country where the coffee is wholly obtained or
entirely produced
2101.20 – 2101.30 A change to subheading 2101.20 through 2101.30 from any
other heading
2102.10 A change to subheading 2102.10 within that subheading, or
from any other subheading
2102.20–2102.30 A change to subheading 2102.20 through 2102.30 from any
other heading
2103.10 – 2103.20 A change to subheading 2103.10 through 2103.20 from any
other heading
2103.30 A change to subheading 2103.30 within that subheading or
from any other heading
2103.90 A change to subheading 2103.90 from any other heading
21.04 A change to heading 21.04 from any other heading
21.05 A change to heading 21.05 from any other heading, except
from heading 04.01 or 04.02
21.06 A change to heading 21.06 from any other heading
Chapter 22 Beverages, Spirits and Vinegar
22.01 Products under this heading shall be deemed to originate in
the country where the water, ice and snow are wholly
obtained or entirely produced
2202.10 A change to subheading 2202.10 from any other heading
2202.90 A change to subheading 2202.90 from any other Chapter,
except Chapter 4; heading 08.05, 1901, 22.01; passion fruit
of subheading 0810.90; citrus, passion fruit or pineapple
juices of heading 20.09
22.03 – 22.05 A change to heading 22.03 through 22.05 from any other
Chapter
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22.06 A change to heading 22.06 from any other heading
22.07 Products of this heading shall be deemed to originate in the
country where they are wholly obtained or entirely
produced
2208.20 A change to subheading 2208.20 from any other heading
2208.30 A change to subheading 2208.30 from any other heading,
except from heading 22.07
2208.40 Products of this subheading shall be produced from
originating materials of heading 22.07 and 22.08
2208.50–2208.60 A change to subheading 2208.50 through 2208.60 from any
other heading
2208.70 A change to subheading 2208.70 from any other heading,
except from heading 22.07, 22.08 or from Chapters 09 or 21
2208.90 A change to subheading 2208.90 from any other heading
22.09 A change to heading 22.09 from any other heading, except
from subheading 2915.21
Chapter 23 Residues and Waste from the Food Industries; Prepared
Animal Fodder
23.01 – 23.03 A change to heading 23.01 through 23.03 from any other
heading
23.04 A change to heading 23.04 from any other Chapter
23.05 A change to heading 23.05 from any other heading
23.06 A change to heading 23.06 from any other Chapter
23.07 – 23.08 A change to heading 23.07 through 23.08 from any other
heading
23.09 A change to heading 23.09 from any other heading, except
from heading 23.02, 23.04, 23.05, 23.06 or 23.08
Chapter 24 Tobacco and Manufactured Tobacco Substitutes
24.01 Products under this heading shall be deemed to originate in
the country where the tobacco is wholly obtained or entirely
produced through harvesting
24.02 A change to heading 24.02 from any other heading, except
for cut tobacco classified under subheading 2403.10.
24.03 A change to heading 24.03 from any other heading
Chapter 25 Salt; Sulfur; Earth and Stones; Plastering Materials,
Lime and Cement
25.01 A change to heading 25.01 from within that heading or any
other heading
25.02 – 25.22 Products under this heading shall be deemed to originate in
the country where all the materials are wholly obtained or
entirely produced
25.23 A change to heading 25.23 from any other Chapter
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LAWS OF TRINIDAD AND TOBAGO
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SECTION VI—PRODUCTS OF THE CHEMICAL OR ALLIED
INDUSTRIES
Notes to Section VI:
For the purposes of the present Section (Chapters 28 through 38) goods shall
be originating when they are produced through any process as defined in the
following definitions:
1. Chemical Reaction: a “Chemical Reaction” is a process (including
biochemical processes) that results in a molecule with a new structure through
the breaking of intra-molecular bonds and the formation of new ones, or
through the alteration of the spatial distribution of the atoms in a molecule.
The following operations are not considered to be chemical reactions for the
purposes of the present definition:
(a) dissolution in water or in other solvents;
(b) the elimination of solvents, including water;
(c) the addition or elimination of water through crystallization.
25.24 – 25.30 Products under this heading shall be deemed to originate in
the country where all the materials are wholly obtained or
entirely produced
Chapter 26 Ores, Slag and Ash
26.01 – 26.21 Products under this heading shall be deemed to originate in
the country where all the materials are wholly obtained or
entirely produced
4The use of non-originating oil base under heading 27.10 will be allowed for the production of
“lubricating oils”.
Chapter 27 Mineral Fuels, Mineral Oils and Products of their
Distillation; Bituminous Substances; Mineral Waxes
27.01 – 27.09 Products under this heading shall be deemed to originate in
the country where all the materials are wholly obtained or
entirely produced
27.10 A change to heading 27.10 from any other heading4
27.11 – 27.13 A change to heading 27.11 through 27.13 from any other
heading
27.14 Products under this heading shall be deemed to originate in
the country where all the materials are wholly obtained or
entirely produced
27.15 A change to heading 27.15 from any other heading
27.16 Products under this heading shall be deemed to originate in
the country where the electric power is wholly obtained or
entirely produced
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2. Purification: purification that eliminates eighty per cent (80%) of
existing impurities or the reduction or elimination produced by a chemical
substance with a minimum degree of purity, so that the product may be
appropriate for uses such as:
(a) pharmaceutical substances or food products that meet
national or international pharmacopoeial standards;
(b) reactive chemical products for chemical analysis or for
laboratory use;
(c) elements and components for use in microelectronics;
(d) various optical applications;
(e) human or veterinary use.
Chapter 28 Inorganic Chemicals; Organic or Inorganic Compounds
of Precious Metals, of Rare- Earth Metals, of
Radioactive Elements or of Isotopes
Notes to Chapter 28:
1. Titrated solutions: titrated solutions are preparations suited for
analytical, verification or reference purposes, with degrees of purity or
proportions guaranteed by the manufacturer. The preparation of titrated
solutions shall confer origin.
2. Separation of isomers: the isolation or separation of isomers from a
mixture of isomers shall confer origin.
28.01 – 28.51 A change to heading 28.01 through 28.51 from any other
heading; or chemical reaction
Chapter 29 Organic Chemicals
Notes to Chapter 29:
1. Titrated solutions: titrated solutions are preparations suited for
analytical, verification or reference purposes, with degrees of purity or
proportions guaranteed by the manufacturer. The preparation of titrated
solutions shall confer origin.
2. Separation of isomers: the isolation or separation of isomers from a
mixture of isomers shall confer origin.
29.01 – 29.42 A change to heading 29.01 through 29.42 from any other
heading; or chemical reaction
Chapter 30 Pharmaceutical Products
30.01 – 30.06 A change to heading 30.01 through 30.06 from any other
heading
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Chapter 31 Fertilizers
31.01 A change to heading 31.01 from any other heading
3102.10 – 3102.29 A change to subheading 3102.10 through 3102.29 from any
other heading
3102.30 A change to subheading 3102.30 from any other heading
3102.40 A change to subheading 3102.40 from any other
subheading
3102.50 A change to subheading 3102.50 from any other heading
3102.60 – 3105.90 A change to subheading 3102.60 through 3105.90 from any
other subheading
Chapter 32 TanningorDyeingExtracts;Tanninsandtheirderivatives;Dyes,
Pigments and other Coloring Matter; Paints and Varnishes;
Putty and otherMastics; Inks
Notes to Chapter 32:
1. Titrated solutions: titrated solutions are preparations suited for
analytical, verification or reference purposes, with degrees of purity or
proportions guaranteed by the manufacturer. The preparation of titrated
solutions shall confer origin.
2. Separation of isomers: the isolation or separation of isomers from a
mixture of isomers shall confer origin.
32.01-32.15 A change to heading 32.01 through 32.15 from any other
heading
Chapter 33 Essential Oils andResinoids; Perfumery, Cosmetic orToilet
Preparations
Note to Chapter 33:
Separation of isomers: the isolation or separation of isomers from a mixture
of isomers shall confer origin.
33.01– 33.07 A change to heading 33.01 through 33.07 from any other
heading
Chapter 34 Soap, Organic Surface-active Agents, Washing
Preparations, Lubricating Preparations, Artificial
Waxes, Prepared Waxes, Polishing or Scouring
Preparations, Candles and Similar Articles, Modeling
Pastes, “Dental Waxes” and Dental Preparations with a
Basis of Plaster
34.01 A change to heading 34.01 from any other heading
3402.11–3402.19 A change to subheading 3402.11 through 3402.19 from any
other subheading
3402.20 A change to subheading 3402.20 from any other
subheading, except from subheading 3402.90, 3402.11,
3402.12, 3402.13 and 3402.19
3402.90 A change to subheading 3402.90 from any other heading
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
92 Chap. 81:10 Costa Rica Free Trade
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 93
34.03 – 34.06 A change to heading 34.03 through 34.06 from any other
heading
34.07 A change to heading 34.07 from any other heading
Chapter 35 Albuminoidal Substances; Modified Starches; Glues;
Enzymes
35.01 – 35.07 A change to heading 35.01 through 35.07 from any other
heading
Chapter 36 Explosives; Pyrotechnic Products; Matches; Pyrophoric
Alloys; Certain Combustible Preparations
36.01 – 36.04 A change to heading 36.01 through 36.04 from any other
heading
36.05 A change to heading 36.05 from any other heading, except
from wooden match splints of subheading 4421.90
36.06 A change to heading 36.06 from any other heading
Chapter 37 Photographic or Cinematographic Goods
37.01 A change to heading 37.01 from any other heading, except
from heading 37.02
37.02 A change to heading 37.02 from any other heading, except
from heading 37.01
37.03 A change to heading 37.03 from any other heading
37.04 – 37.07 A change to heading 37.04 through 37.07 from any other
heading
Chapter 38 Miscellaneous Chemical Products
38.01 – 38.22 A change to heading 38.01 through 38.22 from any other
heading
3823.11–3823.70 A change to subheading 3823.11 through 3823.70 from any
other subheading
3824.10 – 3824.90 A change to subheading 3824.10 through 3824.90 from any
other subheading
38.25 A change to heading 38.25 from any other Chapter, except
from chapter 28 through 37, 40 or 90
Chapter 39 Plastics and Articles Thereof
39.01 – 39.03 A change to heading 39.01 through 39.03 from any other
heading; or chemical reaction
3904.10 A change to subheading 3904.10 from any other heading; or
chemical reaction
3904.21 – 3904.22 A change to subheading 3904.21through 3904.22 from any
other subheading
SECTION VII— PLASTICS AND ARTICLES THEREOF;
RUBBER AND ARTICLES THEREOF
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Chapter 41 Raw Hides and Skins (Other than Furskins) and
Leather
41.01 – 41.03 A change to heading 41.01 through 41.03 from any other
heading
41.04 – 41.07 A change to heading 41.04 through 41.07 from any other
heading, allowing the use of non-originating “wet blue”
hides or skins
41.12 – 41.15 A change to heading 41.12 through 41.15 from any other
heading
Chapter 42 Articles of Leather; Saddlery and Harness; Travel Goods,
Handbags and Similar Containers; Articles of Animal Gut
42.01 A change to heading 42.01 from any other heading
42.02 A change to heading 42.02 from any other heading, provided
that the good is both cut (or knit to shape) and sewn and
assembled in the territory of one or both of the Parties
42.03 – 42.06 A change to heading 42.03 through 42.06 from any other
heading
Chapter 43 Furskins and Artificial Fur; Manufactures Thereof
43.01 – 43.04 A change to heading 43.01 through 43.04 from any other
heading
SECTION VIII—RAW HIDES AND SKINS, LEATHER, FURSKINS
AND ARTICLES THEREOF; SADDLERY AND HARNESS; TRAVEL
GOODS, HANDBAGS AND SIMILAR CONTAINERS; ARTICLES OF
ANIMAL GUT.
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
94 Chap. 81:10 Costa Rica Free Trade
3904.30–3904.90 A change to subheading 3904.30 through 3904.90 from any
other heading; or chemical reaction
39.05 – 39.11 A change to heading 39.05 through 39.11 from any other
heading; or chemical reaction
39.12 – 39.19 A change to heading 39.12 through 39.19 from any other
heading
39.20 A change to heading 39.20 from any other heading. The
production of plates, sheets, slabs and strips, laminated or
rolled with plastic materials under this heading confers
origin
39.21 – 39.26 A change to heading 39.21 through 39.26 from any other
heading
Chapter 40 Rubber and Articles Thereof
40.01 Products under this heading shall be deemed to originate in
the country where all the materials are wholly obtained or
entirely produced
40.02 – 40.17 A change to heading 40.02 through 40.17 from any other
heading
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SECTION IX—WOOD AND ARTICLES OF WOOD; WOOD
CHARCOAL; CORK AND ARTICLES OF CORK; MANUFACTURES
OF STRAW, OF ESPARTO OR OF OTHER PLAITING MATERIALS;
BASKETWARE AND WICKERWORK
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 95
Chapter 44 Wood and Articles of Wood; Wood Charcoal
44.01 – 44.03 Products under this heading shall be deemed to originate in
the country where all the materials are wholly obtained or
entirely produced
44.04 A change to heading 44.04 from any other heading
44.05 Products under this heading shall be deemed to originate in
the country where all the materials are wholly obtained or
entirely produced
44.06 – 44.21 A change to heading 44.06 through 44.21 from any other
heading
Chapter 45 Cork and Articles of Cork
45.01 Products under this heading shall be deemed to originate in
the country where the cork is wholly obtained or entirely
produced
45.02 A change to heading 45.02 from any other heading
4503.10 – 4504.90 A change to subheading 4503.10 through 4504.90 from any
other subheading
Chapter 46 Manufactures of Straw, of Esparto or of Other Plaiting
Materials; Basketware and Wickerwork
46.01 – 46.02 Products under these headings shall be deemed to originate
in the country where the materials are wholly obtained or
entirely produced
SECTION X—PULP OF WOOD OR OF OTHER FIBROUS
CELLULOSIC MATERIAL; WASTE AND SCRAP OF PAPER
OR PAPERBOARD; PAPER AND PAPERBOARD AND
ARTICLES THEREOF
Chapter 47 Pulp of Wood or of Other Fibrous Cellulosic
Material; Waste and Scrap of Paper or Paperboard
47.01 – 47.07 A change to heading 47.01 through 47.07 from any other
heading
Chapter 48 Paper and Paperboard; Articles of Paper Pulp, of
Paper or of Paperboard
48.01 – 48.15 A change to heading 48.01 through 48.15 from any other
heading
48.16 A change to heading 48.16 from any other heading,
except from heading 48.09
48.17 A change to heading 48.17 from any other heading
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SECTION XI—TEXTILES AND TEXTILE ARTICLES
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
96 Chap. 81:10 Costa Rica Free Trade
4818.10 – 4818.30 The Parties did not agree to a specific rule of origin for
goods under these subheadings
4818.40 – 4818.90 A change to subheading 4818.40 through 4818.90 from
any other heading
4819.10 – 4823.40 A change to subheading 4819.10 through 4823.40 from
any other heading
4823.51 A change to subheading 4823.51 from any other
heading, except from subheading 4811.90
4823.59 – 4823.90 A change to subheading 4823.59 through 4823.90 from
any other heading
Chapter 49 Printed Books, Newspapers, Pictures and Other
Products of the Printing Industry; Manuscripts,
Typescripts and Plans
49.01 – 49.11 A change to heading 49.01 through 49.11 from any other
Chapter
Chapter 50 Silk
50.01 – 50.03 Products under this heading shall be deemed to originate
in the country where the silk is wholly obtained or
entirely produced
50.04 – 50.05 A change to heading 50.04 through 50.05 from any other
heading
50.06 A change to heading 50.06 from any other heading,
except from heading 50.04 or 50.05
50.07 A change to heading 50.07 from any other heading
Chapter 51 Wool, Fine or Coarse Animal Hair; Horsehair Yarn
and Woven Fabric
51.01 – 51.05 Products under this heading shall be deemed to originate
in the country where the wool or fine or coarse animal
hair is wholly obtained or entirely produced
51.06 – 51.08 A change to heading 51.06 through 51.08 from any other
heading
51.09 A change to heading 51.09 from any other heading,
except headings 51.06 through 51.08
51.10 – 51.13 A change to heading 51.10 through 51.13 from any other
heading
Chapter 52 Cotton
52.01 – 52.03 Products under this heading shall be deemed to originate
in the country where the cotton is wholly obtained or
entirely produced
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Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 97
52.04 A change to heading 52.04 from any other heading
52.05 – 52.06 A change to heading 52.05 through 52.06 from any other
heading
52.07 A change to heading 52.07 from any other heading, except
from heading 52.05 through 52.06
52.08 – 52.12 A change to heading 52.08 through 52.12 from any other
heading
Chapter 53 Other Vegetable Textile Fibers; Paper Yarn and Woven
Fabrics of Paper Yarn
53.01 – 53.05 Products under this heading shall be deemed to originate in
the country where the vegetable textile fibers are wholly
obtained or entirely produced
53.06 – 53.11 A change to heading 53.06 through 53.11 from any other
heading
Chapter 54 Man-Made Filaments
54.01 – 54.05 A change to heading 54.01 through 54.05 from any other
heading
54.06 A change to heading 54.06 from any other heading, except
from heading 54.02 through 54.05
5407.10 A change to subheading 5407.10 from any other heading
5407.20 A change to subheading 5407.20 from any other Chapter
5407.30–5407.94 A change to subheading 5407.30 through 5407.94 from any
other heading
54.08 A change to heading 54.08 from any other heading
Chapter 55 Man-Made Staple Fibers
55.01 – 55.10 A change to heading 55.01 through 55.10 from any other
heading
55.11 A change to heading 55.11 from any other heading, except
from heading 55.09 or 55.10
55.12 – 55.16 A change to heading 55.12 through 55.16 from any other
heading
Chapter 56 Wadding, Felt and Nonwovens; Special Yarns; Twine,
Cordage, Ropes and Cables andArticles Thereof
56.01 – 56.09 A change to heading 56.01 through 56.09 from any other
heading
Chapter 57 Carpets and Other Textile Floor Coverings
57.01 – 57.05 A change to heading 57.01 through 57.05 from any other
heading
UNOFFICIAL VERSION
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Chapter 58 Special Woven Fabrics; Tufted Textile Fabrics; Lace;
Tapestries; Trimmings; Embroidery
58.01 – 58.11 A change to heading 58.01 through 58.11 from any other
heading
Chapter 59 Impregnated, Coated, Covered or Laminated Textile
Fabrics; Textile Articles of a kind suitable for Industrial
Use
59.01 – 59.11 A change to heading 59.01 through 59.11 from any other
heading
Chapter 60 Knitted or Crocheted Fabrics
60.01 – 60.06 A change to heading 60.01 through 60.06 from any other
Chapter
Chapter 61 Articles of Apparel and Clothing Accessories, Knitted or
Crocheted
61.01 – 61.17 Production from non-originating yarn
Chapter 62 Articles of Apparel and Clothing Accessories, not
Knitted or Crocheted
62.01 – 62.17 Production from non-originating yarn
Chapter 63 Other Made-up Textile Articles; Sets; Worn Clothing
and Worn Textile Articles; Rags
63.01 – 63.05 Production from non-originating yarn
63.06 – 63.07 A change to heading 63.06 through 63.07 from any other
heading
63.08 – 63.10 Production from non-originating yarn
SECTION XII—FOOTWEAR, HEADGEAR, UMBRELLAS, SUN
UMBRELLAS, WALKING STICKS, SEAT-STICKS, WHIPS, RIDING-
CROPS AND PARTS THEREOF; PREPARED FEATHERS AND
ARTICLES MADE THEREWITH; ARTIFICIAL FLOWERS; ARTICLES
OF HUMAN HAIR
Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
98 Chap. 81:10 Costa Rica Free Trade
Chapter 64 Footwear, Gaiters and the like; Parts of suchArticles
64.01 – 64.05 A change to heading 64.01 through 64.05 from any other
heading, except uppers (formed uppers) for shoes from
subheading 6406.10.
64.06 A change to heading 64.06 from any other Chapter
Chapter 65 Headgear and Parts Thereof
65.01 – 65.07 A change to heading 65.01 through 65.07 from any other
heading
UNOFFICIAL VERSION
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SECTION XIII— ARTICLES OF STONE, PLASTER, CEMENT,
ASBESTOS, MICA OR SIMILAR MATERIALS; CERAMIC PRODUCTS;
GLASS AND GLASSWARE
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 99
Chapter 66 Umbrellas, Sun Umbrellas, Walking-Sticks, Seat-Sticks,
Whips, Riding- Crops and Parts Thereof
66.01 – 66.03 A change to heading 66.01 through 66.03 from any other
heading
Chapter 67 Prepared Feathers and Down and Articles Made of
Feathers or of Down; Artificial Flowers; Articles of
Human Hair
67.01 – 67.04 A change to heading 67.01 through 67.04 from any other
heading
Chapter 68 Articles of Stone, Plaster, Cement, Asbestos, Mica or
Similar Materials
68.01 – 68.06 A change to heading 68.01 through 68.06 from any other
Chapter
68.07 A change to heading 68.07 from any other Chapter, except
from heading 27.08, 27.13, 27.14 or 27.15
68.08 – 68.11 A change to heading 68.08 through 68.11 from any other
Chapter
6812.10 A change to subheading 6812.10 from any other heading
6812.20–6812.90 A change to subheading 6812.20 through 6812.90 from any
other subheading
68.13 A change to heading 68.13 from any other heading
68.14 – 68.15 A change to heading 68.14 through 68.15 from any other
heading
Chapter 69 Ceramic Products
69.01- 69.14 A change to heading 69.01 through 69.14 from any other
Chapter
Chapter 70 Glass and Glassware
70.01 – 70.18 A change to heading 70.01 through 70.18 from any other
heading
7019.11–7019.90 A change to subheading 7019.11 through 7019.90 from any
other subheading
70.20 A change to heading 70.20 from any other heading
UNOFFICIAL VERSION
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Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
100 Chap. 81:10 Costa Rica Free Trade
SECTION XV—BASE METALS AND ARTICLES OF BASE METAL
Chapter 71 Natural or Cultured Pearls, Precious or Semi-Precious
Stones, Precious Metals, Metals Clad with Precious
Metal, and Articles Thereof; Imitation Jewelry; Coin
71.01 – 71.06 Products of this heading shall be deemed to originate in the
country where they are wholly produced or entirely
obtained
71.07 A change to heading 71.07 from any other heading
71.08 Products of this heading shall be deemed to originate in the
country where they are entirely produced or wholly
obtained
71.09 A change to heading 71.09 from any other heading
71.10 Products of this heading shall be deemed to originate in the
country where they are wholly obtained or entirely
produced
71.11 A change to heading 71.11 from any other heading
71.12 Products of this heading shall be deemed to originate in the
country where they are entirely produced or wholly
obtained
71.13 – 71.18 A change to heading 71.13 through 71.18 from any other
heading
SECTION XIV—NATURAL OR CULTURED PEARLS, PRECIOUS OR
SEMI-PRECIOUS STONES, PRECIOUS METALS, METALS CLAD
WITH PRECIOUS METAL, AND ARTICLES THEREOF; IMITATION
JEWELRY; COIN
Chapter 72 Iron and Steel
72.01 – 72.04 A change to heading 72.01 through 72.04 from any other
heading
72.05 A change to heading 72.05 from any other heading except
heading 72.04
72.06 A change to heading 72.06 from any other heading
72.07 A change to heading 72.07 from any other heading, except
from heading 72.03 or 72.04
72.08 – 72.09 A change to heading 72.08 through 72.09 from any other
heading
72.10 A change to heading 72.10 from any other heading
72.11 A change to heading 72.11 from any other heading, except
from heading 72.08 or 72.09
72.12 A change to heading 72.12 from any other heading
72.13 – 72.17 A change to heading 72.13 through 72.17 from any other
heading, except from heading 72.03 and 72.04
72.18 – 72.19 A change to heading 72.18 through 72.19 from any other
heading
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 101
72.20 A change to heading 72.20 from any other heading, except
from heading 72.19
72.21 – 72.25 A change to heading 72.21 through 72.25 from any other
heading
72.26 A change to heading 72.26 from any other heading, except
from heading 72.25
72.27 – 72.29 A change to heading 72.27 through 72.29 from any other
heading
Chapter 73 Articles of Iron or Steel
73.01 – 73.11 A change to heading 73.01 through 73.11 from any other
heading
73.12 A change to heading 73.12 from any other heading, except
from heading 72.03 and 72.04
73.13 A change to heading 73.13 from any other heading
73.14 A change to heading 73.14 from any other heading, except
from heading 72.03
73.15 – 73.20 A change to heading 73.15 through 73.20 from any other
heading
7321.11 A change to subheading 7321.11 from any other subheading
7321.12–7321.90 A change to subheading 7321.12 through 7321.90 from any
other heading
73.22 – 73.26 A change to heading 73.22 through 73.26 from any other
heading
Chapter 74 Copper and Articles Thereof
74.01 – 74.19 A change to heading 74.01 through 74.19 from any other
heading
Chapter 75 Nickel and Articles Thereof
75.01 – 75.08 A change to heading 75.01 through 75.08 from any other
heading
Chapter 76 Aluminum and Articles Thereof
76.01 – 76.06 A change to heading 76.01 through 76.06 from any other
heading
7607.11 A change to subheading 7607.11 from any other heading
7607.19–7607.20 A change to subheading 7607.19 through 7607.20 from any
other heading
76.08 – 76.16 A change to heading 76.08 through 76.16 from any other
heading
Chapter 78 Lead and Articles Thereof
78.01 – 78.06 A change to heading 78.01 through 78.06 from any other
heading
UNOFFICIAL VERSION
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Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
102 Chap. 81:10 Costa Rica Free Trade
Chapter 79 Zinc and Articles Thereof
79.01 – 79.07 A change to heading 79.01 through 79.07 from any other
heading
Chapter 80 Tin and Articles Thereof
80.01 – 80.07 A change to heading 80.01 through 80.07 from any other
heading
Chapter 81 Other Base Metals; Cermets; Articles Thereof
8101.10–8113.00 A change to subheading 8101.10 through 8113.00 from any
other subheading
Chapter 82 Tools, Implements, Cutlery, Spoons and Forks, of Base
Metal; Parts Thereof of Base Metal
Note for Chapter 82:
Handles of base metal used in the production of a good of this Chapter shall
be disregarded in determining the origin of that good.
82.01 – 82.15 A change to heading 82.01 through 82.15 from any other
heading
Chapter 83 Miscellaneous Articles of Base Metal
83.01 – 83.11 A change to heading 83.01 through 83.11 from any other
heading
Chapter 84 Nuclear Reactors, Boilers, Machinery and Mechanical
Appliances; Parts Thereof
8401.10–8401.30 A change to subheading 8401.10 through 8401.30 from any
other subheading
8401.40 A change to subheading 8401.40 from any other heading
8402.11–8402.20 A change to subheading 8402.11 through 8402.20 from any
other subheading
8402.90 A change to subheading 8402.90 from any other heading
8403.10 A change to subheading 8403.10 from any other
subheading
8403.90 A change to subheading 8403.90 from any other heading
SECTION XVI—PARTS THEREOF; SOUND RECORDERS AND
REPRODUCERS, TELEVISION IMAGE AND SOUND RECORDERS
AND REPRODUCERS, AND PARTS AND ACCESSORIES OF SUCH
ARTICLES.
Note to Section XVI:
With respect to the products of Chapters 84 and 85 where these products are
assembled from parts, the following processes will not confer origin:
operations which consist solely of welding, soldering, fastening, riveting,
bolting and like operations, or otherwise putting together of all finished parts
or components to constitute a finished product.
UNOFFICIAL VERSION
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Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 103
8404.10 – 8404.20 A change to subheading 8404.10 through 8404.20 from any
other subheading
8404.90 A change to subheading 8404.90 from any other heading
8405.10 A change to subheading 8405.10 from any other subheading
8405.90 A change to subheading 8405.90 from any other heading
84.06 A change to heading 84.06 from any other heading
84.07 – 84.08 A change to heading 84.07 through 84.08 from any other
heading
84.09 A change to heading 84.09 from any other Chapter
84.10 A change to heading 84.10 from any other heading
8411.11 – 8411.82 A change to subheading 8411.11 through 8411.82 from any
other subheading
8411.91–8411.99 A change to subheading 8411.91 through 8411.99 from any
other heading
8412.10–8412.80 A change to subheading 8412.10 through 8412.80 from any
other subheading
8412.90 A change to subheading 8412.90 from any other heading
8413.11–8413.82 A change to subheading 8413.11 through 8413.82 from any
other subheading
8413.91–8413.92 A change to subheading 8413.91 through 8413.92 from any
other heading
8414.10–8414.80 A change to subheading 8414.10 through 8414.80 from any
other subheading
8414.90 A change to subheading 8414.90 from any other heading
84.15 A change to heading 84.15 from any other heading
8416.10–8416.30 A change to subheading 8416.10 through 8416.30 from any
other subheading
8416.90 A change to subheading 8416.90 from any other heading
8417.10–8417.80 A change to subheading 8417.10 through 8417.80 from any
other subheading
8417.90 A change to subheading 8417.90 from any other heading
8418.10–8418.69 A change to subheading 8418.10 through 8418.69 from any
other subheading out of the group, except from subheading
8418.91
8418.91–8418.99 A change to subheading 8418.91 through 8418.99 from any
other heading
8419.11–8419.89 A change to subheading 8419.11 through 8419.89 from any
other subheading
8419.90 A change to subheading 8419.90 from any other heading
8420.10 A change to subheading 8420.10 from any other subheading
8420.91–8420.99 A change to subheading 8420.91 through 8420.99 from any
other heading
8421.11 – 8421.39 A change to subheading 8421.11 through 8421.39 from any
other subheading
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Caribbean Community (CARICOM)
LAWS OF TRINIDAD AND TOBAGO
104 Chap. 81:10 Costa Rica Free Trade
8421.91–8421.99 A change to subheading 8421.91 through 8421.99 from any
other heading
8422.11 A change to subheading 8422.11 from any other heading
8422.19–8422.40 A change to subheading 8422.19 through 8422.40 from any
other subheading
8422.90 A change to subheading 8422.90 from any other heading
8423.10 A change to subheading 8423.10 from any other
subheading
8423.20–8423.89 A change to subheading 8423.20 through 8423.89 from any
other subheading
8423.90 A change to subheading 8423.90 from any other heading
8424.10–8424.89 A change to subheading 8424.10 through 8424.89 from any
other subheading
8424.90 A change to subheading 8424.90 from any other heading
84.25 – 84.30 A change to heading 84.25 through 84.30 from any other
heading
84.31 A change to heading 84.31 from any other Chapter
8432.10–8432.80 A change to subheading 8432.10 through 8432.80 from any
other subheading
8432.90 A change to subheading 8432.90 from any other heading
8433.11–8433.60 A change to subheading 8433.11 through 8433.60 from any
other subheading
8433.90 A change to subheading 8433.90 from any other heading
8434.10–8434.20 A change to subheading 8434.10 through 8434.20 from any
other subheading
8434.90 A change to subheading 8434.90 from any other heading
8435.10 A change to subheading 8435.10 from any other
subheading
8435.90 A change to subheading 8435.90 from any other heading
8436.10–8436.80 A change to subheading 8436.10 through 8436.80 from any
other subheading
8436.91–8436.99 A change to subheading 8436.91 through 8436.99 from any
other heading
8437.10–8437.80 A change to subheading 8437.10 through 8437.80 from any
other subheading
8437.90 A change to subheading 8437.90 from any other heading
8438.10–8438.20 A change to subheading 8438.10 through 8438.20 from any
other subheading
8438.30 A change to subheading 8438.30 from any other heading
8438.40–8438.80 A change to subheading 8438.40 through 8438.80 from any
other subheading
8438.90 A change to subheading 8438.90 from any other heading
8439.10–8439.30 A change to subheading 8439.10 through 8439.30 from any
other subheading
8439.91–8439.99 A change to subheading 8439.91 through 8439.99 from any
other heading
UNOFFICIAL VERSION
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Costa Rica Free Trade Chap. 81:10 105
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Caribbean Community (CARICOM)
8440.10 A change to subheading 8440.10 from any other
subheading
8440.90 A change to subheading 8440.90 from any other heading
8441.10–8441.80 A change to subheading 8441.10 through 8441.80 from any
other subheading
8441.90 A change to subheading 8441.90 from any other heading
8442.10 – 8442.30 A change to subheading 8442.10 through 8442.30 from any
other subheading
8442.40 – 8442.50 A change to subheading 8442.40 through 8442.50 from any
other heading
8443.11–8443.60 A change to subheading 8443.11 through 8443.60 from any
other subheading
8443.90 A change to subheading 8443.90 from any other heading
84.44 – 84.47 A change to heading 84.44 through 84.47 from any other
heading
8448.11–8448.19 A change to subheading 8448.11 through 8448.19 from any
other subheading
8448.20 – 8448.59 A change to subheading 8448.20 through 8448.59 from any
other heading
84.49 A change to heading 84.49 within that heading or from any
other heading
84.50 A change to heading 84.50 from any other heading
8451.10–8451.80 A change to subheading 8451.10 through 8451.80 from any
other subheading
8451.90 A change to subheading 8451.90 from any other heading
8452.10–8452.29 A change to subheading 8452.10 through 8452.29 from any
other subheading
8452.30–8452.90 A change to subheading 8452.30 through 8452.90 from any
other heading
8453.10–8453.80 A change to subheading 8453.10 through 8453.80 from any
other subheading
8453.90 A change to subheading 8453.90 from any other heading
8454.10–8454.30 A change to subheading 8454.10 through 8454.30 from any
other subheading
8454.90 A change to subheading 8454.90 from any other heading
8455.10–8455.30 A change to subheading 8455.10 through 8455.30 from any
other subheading
8455.90 A change to subheading 8455.90 from any other heading
84.56 – 84.65 A change to heading 84.56 through 84.65 from any other
heading
84.66 A change to heading 84.66 from any other Chapter
8467.11–8467.89 A change to subheading 8467.11 through 8467.89 from any
other subheading
8467.91–8467.99 A change to subheading 8467.91 through 8467.99 from any
other heading
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
106 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
8468.10–8468.80 A change to subheading 8468.10 through 8468.80 from any
other subheading
8468.90 A change to subheading 8468.90 from any other heading
84.69 – 84.72 A change to heading 84.69 through 84.72 from any other
heading
8473.10–8473.50 A change to subheading 8473.10 through 8473.50 within
that subheading or from any other subheading
8474.10–8474.80 A change to subheading 8474.10 through 8474.80 from any
other subheading
8474.90 A change to subheading 8474.90 form any other heading
8475.10–8475.29 A change to subheading 8475.10 through 8475.29 from any
other subheading
8475.90 A change to subheading 8475.90 from any other heading
84.76 A change to heading 84.76 from any other heading
8477.10–8477.80 A change to subheading 8477.10 through 8477.80 from any
other subheading
8477.90 A change to subheading 8477.90 from any other heading
8478.10 A change to subheading 8478.10 from any other
subheading
8478.90 A change to subheading 8478.90 from any other heading
8479.10–8479.89 A change to subheading 8479.10 through 8479.89 from any
other subheading
8479.90 A change to subheading 8479.90 from any other heading
84.80 A change to heading 84.80 from any other heading
8481.10–8481.80 A change to subheading 8481.10 through 8481.80 from any
other subheading
8481.90 A change to subheading 8481.90 from any other heading
84.82 A change to heading 84.82 from any other heading
8483.10–8483.60 A change to subheading 8483.10 through 8483.60 from any
other subheading
8483.90 A change to subheading 8483.90 from any other heading
84.84 A change to a heading 84.84 from any other heading
84.85 A change to heading 84.85 from any other Chapter
Chapter 85 Electrical Machinery and Equipment and Parts Thereof;
Sound Recorders and Reproducers, Television Image and
SoundRecorders andReproducers, andParts andAccessories
of SuchArticles
85.01 – 85.02 A change to heading 85.01 through 85.02 from any other
heading
85.03 A change to heading 85.03 from any other Chapter
8504.10–8504.50 A change to subheading 8504.10 through 8504.50 from any
other subheading
8504.90 A change to subheading 8504.90 from any other heading
8505.11–8505.30 A change to subheading 8505.11 through 8505.30 from any
other subheading
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community (CARICOM)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Costa Rica Free Trade Chap. 81:10 107
8505.90 A change to subheading 8505.90 from any other heading
8506.10–8506.80 A change to subheading 8506.10 through 8506.80 from any
other subheading
8506.90 A change to subheading 8506.90 from any other heading
8507.10–8507.80 A change to subheading 8507.10 through 8507.80 from any
other subheading
8507.90 A change to subheading 8507.90 from any other heading
85.09 – 85.13 A change to heading 85.09 through 85.13 from any other
heading
8514.10–8514.40 A change to subheading 8514.10 through 8514.40 from any
other subheading
8514.90 A change to subheading 8514.90 from any other heading
8515.11–8515.80 A change to subheading 8515.11 through 8515.80 from any
subheading
8515.90 A change to subheading 8515.90 from any other heading
8516.10–8516.50 A change to subheading 8516.10 through 8516.50 from any
other subheading
8516.60 A change to subheading 8516.60 from any other
subheading, except furniture, whether or not assembled,
cooking chambers, whether or not assembled, and the upper
panel, whether or not with heating or control elements,
classified in subheading 8516.90
8516.71–8516.90 A change to subheading 8516.71 through 8516.90 from any
other heading
85.17 – 85.21 A change to heading 85.17 through 85.21 from any other
heading
85.22 A change to heading 85.22 from any other Chapter
85.23 – 85.28 A change to heading 85.23 through 85.28 from any other
heading
85.29 A change to heading 85.29 from any other Chapter
8530.10–8530.80 A change to subheading 8530.10 through 8530.80 from any
other subheading
8530.90 A change to subheading 8530.90 from any other heading
85.31 – 85.32 A change to heading 85.31 through 85.32 from any other
heading
8533.10–8533.40 A change to subheading 8533.10 through 8533.40 from any
other subheading
8533.90 A change to subheading 8533.90 from any other heading
85.34 A change to heading 85.34 within that heading or from any
other heading
85.35 – 85.37 A change to heading 85.35 through 85.37 from any other
heading
85.38 A change to heading 85.38 from any other Chapter.
8539.10–8539.49 A change to subheading 8539.10 through 8539.49 from any
other subheading
8539.90 A change to subheading 8539.90 from any other heading
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
108 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
SECTION XVII—VEHICLES, AIRCRAFT, VESSELS AND
ASSOCIATED TRANSPORT EQUIPMENT
Note to Section XVII:
With respect to the products of Chapter 87 where these products are
assembled from parts, the following processes will not confer origin:
operations which consist solely of welding, soldering, fastening, riveting,
bolting and like operations, or otherwise putting together of all finished parts
or components to constitute a finished product.
85.40 A change to heading 85.40 from any other heading
8541.10–8541.60 A change to subheading 8541.10 through 8541.60 within
that subheading or from any other subheading
8541.90 A change to subheading 8541.90 from any other heading
85.42 A change to heading 85.42 within that heading or from any
other heading
8543.11–8543.89 A change to subheading 8543.11 through 8543.89 form any
other subheading
8543.90 A change to subheading 8543.90 from any other heading
85.44 – 85.48 A change to heading 85.44 through 85.48 from any other
heading
Chapter 86 Railway or Tramway Locomotives, Rolling-Stock and Parts
Thereof; Railway or Tramway Track Fixtures and Fittings and
PartsThereof;Mechanical(IncludingElectro-Mechanical)Traffic
SignalingEquipment of all kinds
86.01 – 86.09 A change to heading 86.01 through 86.09 from any other
heading
Chapter 87 Vehicles other than Railway or Tramway Rolling-Stock,
and Parts and Accessories Thereof
87.01 – 87.07 A change to heading 87.01 through 87.07 from any other
heading
87.08 A change to heading 87.08 from any other Chapter
8709.11– 8709.19 A change to subheading 8709.11 through 8709.19 from any
other subheading
8709.90 A change to subheading 8709.90 from any other heading
87.10 – 87.13 A change to heading 87.10 through 87.13 from any other
heading
87.14 A change to heading 87.14 from any other Chapter
87.15 A change to heading 87.15 from any other heading
8716.10–8716.80 A change to subheading 8716.10 through 8716.80 from any
other subheading
8716.90 A change to subheading 8716.90 from any other heading
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Costa Rica Free Trade Chap. 81:10 109
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Caribbean Community (CARICOM)
SECTION XVIII—OPTICAL, PHOTOGRAPHIC,
CINEMATOGRAPHIC, MEASURING, CHECKING, PRECISION,
MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS;
CLOCKS AND WATCHES; MUSICAL INSTRUMENTS; PARTS
AND ACCESSORIES THEREOF
Note to Section XVIII:
With respect to the products of Chapters 90 and 91 where these products are
assembled from parts, the following processes will not confer origin:
operations which consist solely of welding, soldering, fastening, riveting,
bolting and like operations, or otherwise putting together of all finished parts
or components to constitute a finished product.
Chapter 88 Aircraft, Spacecraft, and Parts Thereof
88.01 – 88.02 A change to heading 88.01 through 88.02 from any other
heading
88.03 A change to heading 88.03 from any other Chapter
88.04 – 88.05 A change to heading 88.04 through 88.05 from any other
heading
Chapter 89 Ships, Boats and Floating Structures
89.01 – 89.08 A change to heading 89.01 through 89.08 from any other
heading
Chapter 90 Optical, Photographic, Cinematographic, Measuring,
Checking, Precision, Medical or Surgical Instruments
and Apparatus; Parts and Accessories Thereof
90.01 – 90.09 A change to heading 90.01 through 90.09 from any other
heading
9010.10–9010.60 A change to subheading 9010.10 through 9010.60 from any
other subheading
9010.90 A change to subheading 9010.90 from any other heading
9011.10–9011.80 A change to subheading 9011.10 through 9011.80 from any
other subheading
9011.90 A change to subheading 9011.90 from any other heading
9012.10 A change to subheading 9012.10 from any other subheading
9012.90 A change to subheading 9012.90 from any other heading
90.13 – 90.14 A change to heading 90.13 through 90.14 from any other
heading
9015.10–9015.80 A change to subheading 9015.10 through 9015.80 from any
other subheading
9015.90 A change to subheading 9015.90 from any other heading
90.16 A change to heading 90.16 from any other heading
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110 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
9017.10–9017.80 A change to subheading 9017.10 through 9017.80 from any
other subheading
9017.90 A change to subheading 9017.90 from any other heading
9018.11–9022.90 A change to subheading 9018.11 through 9022.90 within
that subheading or from any other subheading
90.23 A change to heading 90.23 within that heading or from any
other heading
9024.10–9024.80 A change to subheading 9024.10 through 9024.80 from any
other subheading
9024.90 A change to subheading 9024.90 from any other heading
9025.11–9025.80 A change to subheading 9025.11 through 9025.80 from any
other subheading
9025.90 A change to subheading 9025.90 from any other heading
9026.10–9026.80 A change to subheading 9026.10 through 9026.80 from any
other subheading
9026.90 A change to subheading 9026.90 from any other heading
9027.10–9027.80 A change to subheading 9027.10 through 9027.80 from any
other subheading
9027.90 A change to subheading 9027.90 from any other heading
9028.10 – 9028.30 A change to subheading 9028.10 through 9028.30 from any
other subheading
9028.90 A change to subheading 9028.90 from any other heading
90.29 A change to heading 90.29 from any other heading
9030.10–9030.89 A change to subheading 9030.10 through 9030.89 from any
other subheading
9030.90 A change to subheading 9030.90 from any other heading
9031.10–9031.80 A change to subheading 9031.10 through 9031.80 from any
other subheading
9031.90 A change to subheading 9031.90 from any other heading
9032.10–9032.89 A change to subheading 9032.10 through 9032.89 from any
other subheading
9032.90 A change to subheading 9032.90 from any other heading
90.33 A change to heading 90.33 from any other Chapter
Chapter 91 Clocks and Watches and Parts Thereof
91.01 – 91.10 A change to heading 91.01 through 91.10 from any other
heading
91.11 – 91.14 A change to heading 91.11 through 91.14 from any other
Chapter
Chapter 92 Musical Instruments; Parts and Accessories of such
Articles
92.01 – 92.08 A change to heading 92.01 through 92.08 from any other
heading
92.09 A change to heading 92.09 from any other Chapter
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
SECTION XIX—ARMS AND AMMUNITION; PARTS AND
ACCESSORIES THEREOF
Costa Rica Free Trade Chap. 81:10 111
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Caribbean Community (CARICOM)
SECTION XX—MISCELLANEOUS MANUFACTURED ARTICLES
Note to Section XX:
With respect to the products of Chapters 94 and 96 where these products are
assembled from parts, the following processes will not confer origin:
operations which consist solely of welding, soldering, fastening, riveting,
bolting and like operations, or otherwise putting together of all finished parts
or components to constitute a finished product.
Chapter 93 Arms andAmmunition; Parts andAccessories Thereof
93.01 – 93.04 A change to heading 93.01 through 93.04 from any other
heading
93.05 A change to heading 93.05 from any other Chapter
93.06 – 93.07 A change to heading 93.06 through 93.07 from any other
heading
Chapter 94 Furniture; Bedding, Mattresses, Mattress Supports,
Cushions and Similar Stuffed Furnishings; Lamps and
Lighting Fittings, Not Elsewhere Specified or Included;
Illuminated Signs, Illuminated Name-Plates and the Like;
Prefabricated Buildings
94.01 A change to heading 94.01 from any other heading
9402.10–9402.90 A change to subheading 9402.10 through 9402.90 from any
other subheading
9403.10–9403.80 A change to subheading 9403.10 through 9403.80 from any
other subheading
9403.90 A change to subheading 9403.90 from any other heading
94.04 A change to heading 94.04 from any other heading
9405.10 A change to subheading 9405.10 from any other
subheading, except from housings or fixtures of iron and
steel from subheading 9405.99
9405.20–9405.50 A change to subheading 9405.20 through 9405.50 from any
other subheading
9405.60 A change to subheading 9405.60 from any other heading
9405.91–9405.99 A change to subheading 9405.91 through 9405.99 from any
other heading
94.06 A change to heading 94.06 from any other heading, except
from Chapter 44
Chapter 95 Toys, Games and Sports Requisites; Parts and
Accessories Thereof
95.01 – 95.08 A change to heading 95.01 through 95.08 from any other
heading
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
112 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
SECTION XXI—WORKS OF ART, COLLECTORS’ PIECES
AND ANTIQUES
Chapter 96 Miscellaneous Manufactured Articles
96.01 – 96.05 A change to heading 96.01 through 96.05 from any other
heading
9606.10–9606.29 A change to subheading 9606.10 through 9606.29 from any
other subheading
9606.30 A change to subheading 9606.30 from any other heading
9607.11–9607.19 A change to subheading 9607.11 through 9607.19 from any
other subheading
9607.20 A change to subheading 9607.20 from any other heading
9608.10–9608.40 A change to subheading 9608.10 through 9608.40 from any
other subheading
9608.50 A change to subheading 9608.50 from any other heading
9608.60–9609.90 A change to subheading 9608.60 through 9609.90 from any
other subheading
96.10 – 96.18 A change to heading 96.10 through 96.18 from any other
heading
Chapter 97 Works of Art, Collectors’ Pieces and Antiques
97.01 – 97.05 Goods under these headings shall be deemed to originate in
the country where they are wholly obtained or entirely
produced
97.06 Goods under this heading shall be deemed to originate
when they have remained longer than one hundred (100)
years in either of the Parties
UNOFFICIAL VERSION
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Costa Rica Free Trade Chap. 81:10 113
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L.R.O.
Caribbean Community (CARICOM)
CHAPTER V: CUSTOMS PROCEDURES
ARTICLE V.01
DEFINITIONS
1. For the purposes of this Chapter:
customs authority means the competent authority that is responsible under
the law of a Party for the administration of customs laws and
regulations; including the verification procedures relating to the
Certificate of Origin as provided for in Article V.08;
certifying authority means the customs authority or any entity which is
responsible for the certification of the Certificate of Origin pursuant to
Article V.03;
determination of origin means a determination as to whether a good qualifies
as an originating good in accordance with Chapter IV (Rules of Origin);
exporter in the territory of a Party means an exporter located in the
territory of a Party required under this Chapter to maintain records in
the territory of that Party regarding exportations of a good;
commercial import means a good imported into the territory of a Party for
commercial, industrial or similar purposes;
importer in the territory of a Party means an importer located in the
territory of a Party required under this Chapter to maintain records in
the territory of that Party regarding importations of a good;
preferential tariff treatmentmeans the duty rate applicable to an originating
good; and
Uniform Regulations means “Uniform Regulations” established under
Article V.12.
2. Unless defined in this Article, terms defined in Article IV.01
(Definitions) are incorporated into this Chapter.
ARTICLE V.02
CERTIFICATE OF ORIGIN
1. The Parties shall establish by the date of entry into force of this
Agreement, a Certificate of Origin, which shall serve to certify that a good
being exported from the territory of a Party into the territory of the other Party
qualifies as an originating good. This Certificate of Origin may be modified
by agreement of the Parties.
2. Each Party may require that a Certificate of Origin for a good
imported into its territory is completed in the language required under its law.
UNOFFICIAL VERSION
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114 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
3. Each Party shall require its exporters to make a declaration on the
Certificate of Origin, indicating compliance with the rules of origin prescribed
in Chapter IV (Rules of Origin) for the export of a good for which an importer
may claim preferential tariff treatment.
4. The certifying authority of the exporting Party shall certify on the
Certificate of Origin that the declaration made by the exporter is accurate.
5. Each Party shall provide that, where an exporter in its territory is not
the producer of the good, the exporter may make a declaration on the
Certificate of Origin on the basis of:
(a) its knowledge of whether the good qualifies as an
originating good; or
(b) its reasonable reliance on the producer’s written declaration
made on the Certificate of Origin or on a separate document,
that the good qualifies as an originating good.
6. Each Party shall prescribe that the Certificate of Origin issued by a
certifying authority, in accordance with paragraph 4, is applicable to a single
import of one or more goods.
7. Each Party shall prescribe that the Certificate of Origin shall be
accepted by the customs authority of the importing Party within the period of
six (6) months from the signature date.
ARTICLE V.03
THE FUNCTIONS AND OBLIGATIONS OF THE CERTIFYING
AUTHORITIES RESPONSIBLE FOR ORIGIN CERTIFICATION
1. The certifying authority required to carry out the
certification procedures shall:
(a) verify the accuracy of the declaration presented to them by
the final producer or the exporter, by means of the systems
or procedures which ensure the accuracy of the data; and
(b) provide to the other Party the administrative co-operation
required for the control of documentary proof of the origin.
2. The certifying authorities designated by the Parties shall, no later
than thirty (30) days after entry into force of this Agreement, transmit through
the Ministry of Foreign Trade, in the case of Costa Rica, and the CARICOM
Secretariat, in the case of CARICOM, the approved list of the designated
authorities to issue the certificates mentioned in this Chapter, along with a list
of the authorized signatories, their specimen signatures and the stamps of the
designated authorities.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Costa Rica Free Trade Chap. 81:10 115
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Caribbean Community (CARICOM)
3. Any changes to such listings shall become effective fifteen (15) days
after receipt of notification thereof.
ARTICLE V.04
OBLIGATIONS REGARDING IMPORTS
1. Each Party shall require an importer requesting preferential tariff
treatment for a good imported into its territory from the territory of another
Party to:
(a) make a written declaration in the import document, based on
a valid Certificate of Origin, that the good qualifies as an
originating good;
(b) have the Certificate of Origin in its possession at the time the
declaration is made; and
(c) provide, on the request of that Party’s customs authority, a
copy of the Certificate of Origin.
2. Each Party shall provide that if the importer fails to comply with any
requirement under paragraph 1, the preferential tariff treatment shall be
denied to the good imported into the territory of the other Party, for which the
preferential tariff treatment had been requested.
ARTICLE V.05
OBLIGATIONS REGARDING EXPORTS
1. Each Party shall prescribe that an exporter having made a declaration
on the Certificate of Origin in accordance with paragraph 3 of Article V.02,
and who has reason to believe that the Certificate of Origin contains incorrect
information, shall promptly notify in writing, any change which may affect
the accuracy or validity of the Certificate of Origin or written declaration to
any person having received the Certificate, as well as to the customs authority
of the exporting Party.
2. The customs authority of the exporting Party shall notify the customs
authority of the importing Party of the notification made by the exporter
referred to in Paragraph 1.
ARTICLE V.06
EXCEPTIONS
On condition that it does not form a part of two or more import
consignments undertaken or planned for the purpose of evading the
UNOFFICIAL VERSION
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116 Chap. 81:10 Costa Rica Free Trade
LAWS OF TRINIDAD AND TOBAGO
Caribbean Community (CARICOM)
fulfillment of Articles V.04 and V.05, the Certificate of Origin for the import
of goods in the following cases shall not be required for:
(a) a commercial import of a good, the transaction value of
which does not exceed one thousand ($1,000) US dollars or
its equivalent amount in the Party’s currency, except that it
may require that the invoice accompanying the importation
include a statement certifying that the good qualifies as an
originating good;
(b) a non-commercial importation of a good whose transaction
value does not exceed one thousand ($1,000) US dollars or
its equivalent amount in the Party’s currency; and
(c) an import of a good for which the importing Party has
waived the requirement for a Certificate of Origin.
ARTICLE V.07
RECORDS
Each Party shall prescribe that:
(a) an exporter in its territory that makes a declaration as
contained in the Certificate of Origin in accordance with
paragraph 3 ofArticle V.02, shall maintain in its territory, for
five (5) years, in the case of Costa Rica, and seven (7) years,
in the case of CARICOM, after the date on which the
Certificate of Origin was signed, all records and documents
related to the origin of a good, including those referring to:
(i) the purchase, cost, value and payment for the good
that is exported from its territory;
(ii) the purchase, cost, value, and payment for all
materials, including indirect materials, used in the
production of the good that is exported from its
territory; and
(iii) the production of the good in the form in which the
good is exported from its territory;
(b) in accordance with the procedures for verification of origin
established in Article V.08, the exporter shall provide the
customs authority of the importing Party, the records and
documents referred to in subparagraph (a) above. When
records and documents are not in the exporters’ hands, he
may request from the producer of the materials the records
and documents so that with the authorization of the latter
they are delivered through him to the customs authority for
verification; and
UNOFFICIAL VERSION
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Caribbean Community (CARICOM)
(c) an importer claiming preferential tariff treatment for a good
imported into its territory, from the territory of the other
Party, shall maintain in that territory, for five (5) years, in the
case of Costa Rica, and seven (7) years, in the case of
CARICOM, after the date of import of the good, the
Certificate of Origin and all other records relating to the
importation required by the importing Party.
ARTICLE V.08
PROCEDURES FOR VERIFICATION OF ORIGIN
1. For purposes of determining whether goods imported into its
territory from the territory of the other Party qualify as originating goods, a
Party may conduct a verification procedure solely by means of:
(a) the submission to the customs authority of the exporting
Party of requests for information including written
questionnaires to be completed by exporters or producers of
the territory of the other Party;
(b) verification visits to the premises of an exporter or producer
in the territory of the other Party to examine the records and
documents and inspect the premises used in the production
of goods; and
(c) other procedures agreed upon by the Parties whenever
necessary.
2. Prior to conducting a verification procedure pursuant to paragraph 1,
a Party shall notify the customs authority of the exporting Party of its
intention to carry out a verification. Within five (5) days of receipt of this
notification, the customs authority in the exporting Party shall notify the
exporter and/or the producer of the goods.
3. The customs authority of the importing Party shall obtain through the
customs authority of the exporting Party the written consent of the exporter or
producer of the goods whose premises are to be visited. Within five (5) days
of receipt of this written consent, the customs authority in the exporting Party
shall notify the customs authority of the importing Party.
4. Where an exporter or a producer does not give written consent to a
request for a verification visit nor provide any information requested as
provided for in this Article within thirty (30) days of receipt of the notification
referred to in paragraph 2 or within the extended period, the Party which has
notified its intention to carry out a verification procedure may deny preferential
tariff treatment to goods which would have been subject of such verification.
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5. The notification of visits, which is provided for in Paragraph 2,
shall include:
(a) the identity of the customs authority issuing the notification;
(b) the name of the exporter or producer whose premises are to
be visited;
(c) the date and place of the proposed verification visit;
(d) the object and scope of the verification visit, including
specific reference to the goods which are the subject of the
verification;
(e) the names and designation of the officials who will carry out
the visit; and
(f) the legal basis for the verification visit.
6. The customs authority of the exporting Party may, at the request of
the Party wishing to carry out verification pursuant to paragraph 1, call on the
producer or the exporter to make available, inter alia, documentation and
accounting records and permit inspection of materials, production facilities
and processes.
7. Where a verification has been notified, any modification of the
information referred to in this Article shall be notified in writing to the
customs authority of the exporting Party, who in turn shall immediately
notify the modification to the producer or the exporter. Such modifications
shall be notified by the importing Party no later than fifteen (15) days of
receipt of the notification.
8. Where the request for information involves the completion of a
questionnaire, the exporter shall complete and return the questionnaire within
thirty (30) days of receipt of the notification. Within this period, the exporter
may request in writing from the importing Party an extension, which shall be
no longer than thirty (30) days.
9. The customs authority of the importing Party may grant to the
customs authority of the exporting Party an extension of not more than ten (10)
days for the submission of any documents which may be required to support
an application for verification of origin under the Agreement.
10. Each Party shall provide that, where its customs authority receives a
notification regarding a verification visit, the customs authority may, within
seven (7) days of receipt of the notification, postpone the proposed verification
visit for a period not exceeding fifteen (15) days from the date of receipt of
such notification or for such longer period as the Parties may agree.
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11. The Parties shall permit an exporter or a producer whose goods are
the subject of a verification visit to designate two observers, to be present
during the visit provided:
(a) the observers do not participate in a manner other than as
observers; and
(b) the failure of the exporter or producer to designate observers
shall not result in the postponement of the visit.
12. The Party conducting the verification procedure shall provide the
producer or exporter whose goods are the subject of the verification procedure
with a written determination of whether or not the goods qualify as originating
goods, including findings of fact and the legal basis for the determination,
within twenty-one (21) days of the conclusion of the verification procedure.
13. The procedure to verify origin performed by the customs authority of
the importing Party, as set out in the present Article, shall be completed within
a maximum term of one (1) year and shall commence from the first request for
information, a written questionnaire or a verification visit. Notwithstanding the
above, in cases duly justified, such term could be extended for one time only
in accordance with the provisions set out in the Uniform Regulations.
14. Each Party shall provide that, if within the term set out in
paragraph 13 or the extension set out in the Uniform Regulations, its
customs authority does not issue the resolution of the origin determination,
the good or goods subject to the origin verification shall have the right to
preferential tariff treatment.
15. Where verifications by a Party indicate that an exporter has certified
more than once false or unsupported representations that a good imported into its
territory qualifies as an originating good, the importing Party may suspend
preferential tariff treatment to identical goods exported by such person until such
time as that person complies with the provisions of Chapter IV (Rules of Origin).
16. Each Party shall provide that where its customs authority determines
that a certain good imported into its territory does not qualify as an originating
good based on a tariff classification or a value applied by the Party to one or
more materials used in the production of the good, which differs from the tariff
classification applied to the materials by the Party from whose territory the
good was exported, the Party’s determination shall not become effective until
it notifies its determination in writing to both the importer of the good and the
exporter who made the declaration on the Certificate of Origin for the good.
17. A Party shall not apply a determination made under paragraph 16 to
an import made before the effective date of the determination, where the
customs authority of the Party from whose territory the good was exported has
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issued an advanced ruling on the tariff classification or on the value of such
materials, or has given consistent treatment to the entry of the materials under
the tariff classification or value at issue, on which a person is entitled to rely.
18. If a Party denies preferential tariff treatment to a good pursuant to a
determination made under paragraph 16 it shall postpone the effective date of
denial for a period not exceeding ninety (90) days where the importer of the
good, or the exporter who made the declaration on the Certificate of Origin
for the good, demonstrates it has relied in good faith to its detriment on the
tariff classification or value applied to such materials by the customs authority
of the Party from whose territory the good was exported.
19. In no case shall the customs authorities of the Parties interrupt an
import procedure regarding the goods covered by a Certificate of Origin.
ARTICLE V.09
REVIEW AND APPEAL
1. Each Party shall grant substantially the same rights of review and
appeal of rulings on determination of origin and advance criteria established
for an importer in its territory, to an exporter or producer of the other Party
that makes a declaration on the Certificate of Origin in accordance with
paragraph 3 of Article V.02 for a good that has been the subject of a
determination of origin in accordance with paragraph 12 of Article V.08.
2. The rights referred to in paragraph 1 shall include access to at least one
level of administrative review independent of the official or office responsible for
the determination under review; and access to a level of judicial or quasi-judicial
review of the determination or decision taken at the final level of administrative
review, according to the national legislation of each Party.
ARTICLE V.10
PENALTIES
Each Party shall establish measures imposing criminal, civil or
administrative penalties for violations of its laws and regulations relating to
that set forth in this Chapter.
ARTICLE V.11
ADVANCED RULINGS
The Parties shall establish provisions regarding advanced rulings,
through administrative mechanisms established in this Agreement subsequent
to the decision of the CARICOM authorities on this issue.
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ARTICLE V.12
UNIFORM REGULATIONS
1. The Parties shall establish, and implement, through their respective
laws, regulations or administrative policies no later than six (6) months after
the date of entry into force of this Agreement, and at any time thereafter, upon
agreement of the Parties, Uniform Regulations regarding the interpretation,
application and administration of this Chapter, Chapter IV (Rules of Origin)
and other matters as may be agreed by the Parties.
2. Each Party shall implement any modification of or addition to the
Uniform Regulations no later than one hundred and eighty (180) days after the
Parties agree on such modification or addition, or in such time as the relevant
amendment to the legislation enters into force.
ARTICLE V.13
COOPERATION
1. Each Party shall notify the other Party of the following
determinations, measures and rulings, including, to the greatest extent
practicable, those that are prospective in application regarding:
(a) a determination of origin issued as the result of a verification
conducted pursuant to Article V.08;
(b) a determination of origin that the Party is aware is contrary to:
(i) a ruling issued by the customs authority of the other
Party with respect to the tariff classification or value
of a good, or of materials used in the production of a
good; or
(ii) consistent treatment given by the customs authority
of the other Party with respect to the tariff
classification or value of a good, or of materials used
in the production of a good; and
(c) a measure establishing or significantly modifying an
administrative policy that is likely to affect future
determinations of origin.
2. The Parties shall cooperate:
(a) in the enforcement of their respective customs-related laws
or regulations implementing this Agreement, and under any
customs mutual assistance agreement or other customs-
related agreement to which they are party;
(b) to the extent practicable and for purposes of facilitating the
flow of trade between them, in such customs-related matters
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as the collection and exchange of statistics regarding the
importation and exportation of goods, the harmonization of
documentation used in trade, the standardization of data
elements, the acceptance of an international data syntax and
the exchange of information.
ARTICLE V.14
INVOICING BY A THIRD-COUNTRY OPERATOR
When the good subject to exchange is invoiced by a third-country
operator, the exporter of the country of origin shall indicate on the respective
Certificate of Origin, in the section for “observations”, that the good subject
to declaration shall be invoiced from that third-country, identifying the name,
denomination or trade name and the address of the operator having the
responsibility to invoice the good.
ARTICLE V.15
CONFIDENTIALITY
Each Party shall maintain, in accordance with its law, the confidentiality
of confidential business information collected pursuant to its legislation.
CHAPTER VI: ANTI-DUMPING MEASURES
ARTICLE VI.01
ANTI-DUMPING MEASURES
1. Except as otherwise provided in this Chapter, the WTO Agreement
shall govern the rights and obligations of the Parties in respect of the
application of anti-dumping measures.
2. In the interest of promoting improvements to, and
clarifications of, the relevant provisions of the WTO Agreement, the Parties
recognise the desirability of:
(a) establishing a domestic process whereby the investigating
authorities can consider, in appropriate circumstances,
broader issues of public interest, including the impact of
anti-dumping duties on other sectors of the domestic
economy and on competition;
(b) providing for the possibility of imposing anti-dumping
duties that are less than the full margin of dumping in
appropriate circumstances;
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(c) having a transparent and predictable method for the
imposition and collection of anti-dumping duties that
provides for the expeditious assessment of definitive anti-
dumping duties; and
(d) assessing the conditions of competition among the
imported products and the conditions of competition
between the imported products and the like domestic
product pursuant to Article 3.3 of the WTO Agreement on
the Implementation of Article VI of the General Agreement
on Tariffs and Trade 1994.
3. In the interest of ensuring procedural fairness and transparency in
anti-dumping investigations, the Parties reaffirm their full adherence to their
obligations under the relevant provisions of the WTOAgreement including in
respect of:
(a) notification to the government of the exporting country upon
receipt of a properly documented application for the
initiation of an investigation;
(b) public notice and notification to all interested parties of the
initiation of an investigation;
(c) notification to all interested parties of the information
required by the investigating authorities in the investigation,
and the provision of ample opportunity to present evidence
in respect of the investigation;
(d) making available the application for the initiation of an
investigation to all interested parties and the government of the
exporting country upon the initiation of an investigation;
(e) making available to all interested parties all evidence
submitted by other parties, subject to the requirements to
protect confidential information;
(f) the provision of a reasonable opportunity for interested
parties to defend their interests, including in the context of a
public hearing, by presenting their views, commenting on
evidence and views of others, and offering rebuttal evidence
and arguments;
(g) the provision of a reasonable opportunity for interested parties
to see all information that is relevant to the presentation of
their case, subject to the requirements to protect information
designated as confidential by the provider;
(h) the provision to interested parties of an explanation of the
methodologies used in determining the margin of dumping,
and the provision of opportunities to comment on the
preliminary determination;
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(i) procedures for the submission, treatment and protection of
confidential information submitted by parties, procedures to
ensure that confidential treatment is warranted and
procedures to ensure that adequate public summaries of
confidential information are available;
(j) public notice and notice to all interested parties of
preliminary and final determinations, which include
sufficiently detailed explanations of the determinations of
dumping and injury including in respect of all relevant
matters of fact and law;
(k) public notice and notice to interested parties of the
imposition of any provisional or final measures; and
(l) the provision of procedures for the judicial review of
administrative actions relating to final determinations and
reviews of determinations.
4. In an investigation, each Party shall provide the other Party with
information concerning the point of contact in the investigating authority for
that investigation.
CHAPTER VII: SANITARY AND PHYTOSANITARY MEASURES
ARTICLE VII.01
SANITARY AND PHYTOSANITARY MEASURES
1. The Parties reaffirm their rights and obligations under the WTO
Agreement on the Application of Sanitary and Phytosanitary Measures.
2. Each Party shall, as far as possible:
(a) facilitate the provision to the other Party of technical advice,
information and assistance, on mutually agreed terms and
conditions, to enhance the Party’s sanitary and phytosanitary
(SPS) measures and related activities, processes and
systems;
(b) extend the assistance mentioned in subparagraph (a), inter
alia, in the areas of:
(i) processing technologies;
(ii) exchange of information on new research data;
(iii) infrastructure;
(iv) institutional and regulatory cooperation;
(v) harmonization;
(vi) mutual recognition and equivalence agreements;
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(vii) risk assessment;
(viii) transparency;
(ix) recognition of pest or disease free areas;
(x) control, inspection and approval procedures;
(xi) identification, consultation and resolution of
SPS-related problems;
(xii) technical expertise; and
(xiii) training and equipment.
CHAPTER VIII: TECHNICAL BARRIERS TO TRADE
ARTICLE VIII.01
TECHNICAL BARRIERS TO TRADE
1. The Parties reaffirm their rights and obligations under the WTO
Agreement on Technical Barriers to Trade (TBT Agreement).
2. The Parties shall develop programs for technical cooperation aimed
at achieving full and effective compliance with the obligations set forth in the
TBT Agreement. To this end, the Parties shall encourage their competent
authorities in the area of technical regulations, conformity assessment
procedures and standards, to undertake the following activities:
(a) promote bilateral institutional and regulatory information
exchange and technical cooperation;
(b) promote bilateral coordination by appropriate agencies in
multilateral and international fora on technical regulations,
conformity assessment procedures and standards;
(c) facilitate the provision to the other Party of technical advice,
information and assistance, on mutually agreed terms and
conditions, to enhance the Party’s TBT measures and related
activities, processes and systems;
(d) extend the assistance mentioned in subparagraph (c),
inter alia, in the areas of:
(i) processing technologies;
(ii) exchange of information on new research data;
(iii) infrastructure;
(iv) institutional and regulatory cooperation;
(v) harmonization;
(vi) mutual recognition and equivalence agreements;
(vii) transparency;
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(viii) conformity assessment procedures;
(ix) identification, consultation and resolution of TBT-
related problems;
(x) technical expertise; and
(xi) training and equipment.
3. The Parties shall include technical cooperation and
coordination issues related to standards, technical regulations and
conformity assessment procedures on the agenda of the Free Trade
Coordinators as required.
PART THREE: SERVICES AND INVESTMENT
CHAPTER IX: SERVICES
ARTICLE IX.01
GENERAL PROVISIONS
1. The Parties recognise the increasing importance of trade in
services in their economies. In their efforts to gradually develop and
broaden their relations, the Parties shall cooperate in the WTO and
plurilateral fora, with the aim of creating the most favourable conditions
for achieving further liberalisation and additional mutual opening of
markets for the trade in services.
2. With a view to developing and deepening their relations under this
Agreement, the Parties agree that within two (2) years of the date of entry
into force of this Agreement, they will review developments related to trade
in services and consider the need for further disciplines in this area.
3. Upon request of a Party, the other Party shall provide information, on a
timely basis, on measures that may have an impact on the trade in services.
ARTICLE IX.02
SERVICES
1. The Parties herein recognise the importance of their rights and
obligations assumed in the General Agreement on Trade in Services (GATS).
2. Each Party shall ensure that its competent authorities, within a
reasonable time after the submission of an application for a licence or
certification by a national of the other Party:
(a) where the application is complete, make a determination on
the application and inform the applicant of that
determination; or
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(b) where the application is not complete, inform the applicant
without undue delay of the status of the application and the
additional information that is required under the Party’s law.
3. (a) The Parties to this Agreement shall encourage bodies
responsible for the regulation of professional services in their respective
territories to:
(i) ensure that measures relating to the licensing or
certification of nationals of the other Party are based
on objective and transparent criteria, such as
competence and the ability to provide a service; and
(ii) cooperate with the view to developing mutually
acceptable standards and criteria for licensing and
certification of professional service providers.
(b) The following elements may be examined with regard to the
standards and criteria referred to in subparagraph (a)(ii):
(i) education—accreditation of schools or academic
programs;
(ii) examinations—qualifying examinations for
licensing, including alternative methods of
assessment such as oral examinations and
interviews;
(iii) experience—length and nature of experience required
for licensing;
(iv) conduct and ethics—standards of professional
conduct and the nature of disciplinary action for non-
conformity with those standards;
(v) professional development and re-certification—
continuing education and ongoing requirements to
maintain professional certification;
(vi) scope of practice—extent of, or limitations on,
permissible activities;
(vii) local knowledge—requirements for knowledge of
such matters as local laws, regulations, language,
geography or climate; and
(viii) consumer protection—alternatives to residency
requirements, including bonding, professional
liability insurance and client restitution funds, to
provide for the protection of consumers.
(c) These bodies shall report on the result of their
discussions related to the development of mutually acceptable standards
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mentioned in subparagraph (a)(ii) and, as appropriate, provide any
recommendations to the Co-ordinators.
(d) With respect to the recognition of qualification and licensing
requirements, the Parties note the existence of rights and obligations with
respect to each other under Article VII (Recognition) of the GATS.
(e) For the purpose of this paragraph, professional services
means services, the provision of which requires specialised post-secondary
education, or equivalent training or experience, and for which the right to
practise is granted or restricted by a Party, but does not include services
provided by trades-persons or vessel and aircraft crew members.
CHAPTER X: INVESTMENT
ARTICLE X.01
GENERAL PROVISIONS
1. The Parties recognise the increasing importance of investment in
their economies. In their efforts to gradually develop and broaden their
relations, the Parties shall cooperate in theWTO and plurilateral fora, with the
aim of creating the most favourable conditions for achieving further
liberalisation and additional mutual opening of markets for investment.
2. With a view to developing and deepening their relations under this
Agreement, the Parties agree that within two (2) years of the date of entry into
force of this Agreement, they shall review developments related to
investment, and consider the need for further disciplines in this area.
3. Upon the request of a Party, the other Party shall provide information,
on a timely basis, on measures that may have an impact on investment.
ARTICLE X.02
DEFINITIONS
For the purposes of this Chapter:
investors means, for either Party, the following subjects who have made
investments in the territory of the other Party in accordance with the
legislation of the latter and the provisions of this Chapter:
(a) any natural person who is a national of one of the Parties; or
(b) legal persons, including companies, business associations,
corporations, branch offices and any other organization duly
incorporated or constituted in accordance with the laws of
that Party, which has its seat in the territory of that Party and
carries on business in the territory of that Party whether or
not it is for profit;
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investment means any kind of asset, defined in accordance with the laws of
the host country, which the investor of one Party invests in the territory
of the other Party in accordance with the latter’s laws and regulations,
and includes, in particular, though not exclusively:
(a) movable and immovable property and any other rights in rem
such as mortgages, liens or pledges, and similar rights;
(b) shares, stock, securities and debentures of companies or any
other form of participation in a company;
(c) claims to money or to any performances having an economic
value directly related to an investment;
(d) intellectual property rights, including copyright and related
rights, trade marks, geographical indications, drawings,
models and industrial designs, patents, layout-designs,
distinctive signs and know-how;
(e) rights conferred by law or under contract, to undertake any
economic and commercial activity, including any rights to
search for, cultivate, extract or exploit natural resources.
Any change in the form of an investment does not affect its character as
an investment; and returns means all amounts yielded by an investment and
in particular, though not exclusively, profits, interests, capital gains,
dividends, royalties, fees or other current income.
ARTICLE X.03
PROMOTION AND ADMISSION
1. Each Party shall encourage and create favourable conditions in its
territory for investments of the other Party, and shall admit such investments
in accordance with its laws and regulations.
2. Once a Party has admitted an investment in its territory, it shall
provide, in accordance with its laws and regulations, all necessary permits
related to such investment.
ARTICLE X.04
PROTECTION
1. Investments of either Party shall at all times be accorded fair and
equitable treatment, and shall enjoy full legal protection and security in
accordance with international law.
2. Neither of the Parties shall obstruct, in any manner, either through
arbitrary or discriminatory measures, the enjoyment, use, management,
conduct, operation and sale or other disposition thereof of such investments.
Each Party shall comply with any obligation assumed regarding investments
of the other Party.
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3. Returns from investments and in the event of their re-investment the
returns therefrom shall enjoy the same protection as the investment.
ARTICLE X.05
NATIONAL AND MOST FAVOURED NATION TREATMENT
1. In accordance with its laws and regulations, each Party shall accord
to investments of the other Party in the former’s territory, treatment no less
favourable than that granted to investment of its own investors.
2. Each Party shall accord to investments and returns of the other Party
in the former’s territory, treatment no less favourable than that granted to
investments of investors of any non-Party.
3. Each Party shall accord the treatment which is more favourable to
the investment of the other Party, either national or most favoured nation
treatment.
4. Nothing in this Article shall be construed so as to oblige a Party to
extend to investments of investors of the other Party advantages resulting
from any existing or future association or participation in a free trade area,
customs union, common market, economic and monetary union or any other
similar institution of economic integration.
5. Nothing in this Article shall be construed so as to oblige a Party to
extend to investments of investors of the other Party deductions, fiscal
exemptions or any other similar advantages resulting from double taxation
agreements or any other agreement regarding tax matters negotiated by one
Party and any other non-Party.
ARTICLE X.06
EXPROPRIATION AND COMPENSATION
1. Investments of either Party in the territory of the other Party shall not
be nationalized, expropriated or subjected to measures having an equivalent
effect (hereinafter referred to as “expropriation”), except in cases when any of
such measures have been adopted for the public good, in accordance with the
due process of law, on a non-discriminatory basis and against prompt,
adequate and effective compensation.
2. The compensation shall amount to the market value of the
expropriated investment immediately before the expropriation or impending
expropriation became public knowledge, whichever is earlier. It shall include
interest from the date of dispossession of the expropriated property until the
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date of payment. Interest shall be based on the average deposit rate prevailing
in the national banking system of the Party where the expropriation was made.
Compensation shall be paid without undue delay, in convertible currency, and
be effectively realizable and be freely transferable.
3. The investor affected shall have a right, under the law of the Party
making the expropriation, to prompt review, by a judicial or other independent
authority of that Party, of his or its case and of the valuation of his or its
investment in accordance with the principles set out in this Article.
4. Nothing set out in this Article shall affect the ability of a government
of a Party to negotiate with the other Party or any other non-Party, quantitative
restrictions of its exports or its ability to assign export quotas negotiated
through appropriate mechanisms and criteria. Consequently, any dispute in
this regard will be resolved in accordance with the trade agreements
applicable between the Parties. Thus, nothing in this Article shall be used as
a basis for an investor to argue that the effects derived from the distribution
or administration of a quota represent an indirect expropriation.
ARTICLE X.07
COMPENSATION FOR LOSSES
Investors of one Party whose investments in the territory of the other
Party suffer losses owing to war or other armed conflict, revolution, a state of
national emergency, insurrection, riot or any other similar event, shall be
accorded by the latter Party treatment, as regards restitution, indemnification,
compensation or other settlement, no less favourable than that which the latter
Party accords to investments of its own investors or investments of investors
of any non-Party, whichever is more favourable to the investment of the
investor of the former Party. All payments that may result shall be deemed
freely transferable.
ARTICLE X.08
TRANSFERS
1. Each Party shall permit investors of the other Party, in
accordance with its laws and regulations, the unrestricted transfer of payments
related to their investments. Such transfers include, in particular, though not
exclusively, the following:
(a) initial capital and additional amounts needed to maintain,
expand and develop the investment;
(b) funds in repayment of loans made pursuant to Article X.02,
subparagraph (c) under the definition “investment”;
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(c) compensation referred to in Articles X.06 and X.07;
(d) proceeds derived from the partial or total sale or
liquidation of the investment;
(e) proceeds derived from any compensation owed to an
investor by virtue of a resolution of the dispute settlement
procedures established by this Chapter;
(f) returns;
(g) the earnings of nationals of one Party who are allowed to
work in connection with an investment in the territory of
the other.
2. Transfers referred to in this Article shall be effected in freely
convertible currency at the applicable exchange rate on the date of the transfer
without undue delay on a non-discriminatory basis. Transfers shall be
considered to have been made “without undue delay” when they have been
made within the period normally necessary for the completion of the transfer.
3. Notwithstanding the provisions of paragraph 1 of this Article, each
Party shall be entitled, under circumstances of exceptional or serious balance
of payments difficulties, to limit transfers temporarily, on a fair and non-
discriminatory basis, and in accordance with internationally accepted criteria.
Limits on transfers adopted or maintained by a Party, as well as their
elimination, under this paragraph shall be notified promptly to the other Party.
4. When transfers are restricted by a Party due to balance of payments
difficulties, the Party shall implement measures or a programme in
accordance with the rules of the International Monetary Fund.
5. Notwithstanding the above, a Party may prevent a transfer through
the equitable and non-discriminatory application of its laws relating to:
(a) bankruptcy, insolvency or the protection of the rights of
creditors;
(b) issuing, trading or dealing in securities;
(c) criminal or administrative offenses;
(d) failure to report transfers of currency or other monetary
instruments; or
(e) ensuring the satisfaction of judgments and awards in
adjudicatory proceedings.
ARTICLE X.09
APPLICATION OF OTHER RULES
If the laws of one of the Parties or any current or future obligation under
International Law, provide more favourable conditions than those granted by
this Chapter to investments of investors of the other Party, the most
favourable provision shall apply.
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ARTICLE X.10
SUBROGATION
If a Party or its designated agency, makes a payment under an indemnity
against non-commercial risks given in respect of an investment in the territory
of the other Party, the latter Party shall recognize the assignment, under the
law of that country, of any right or claim from the investor to the former Party,
or its designated agency, as well as the entitlement by virtue of
subrogation, to exercise the rights and enforce the claims of that investor. This
subrogation shall entitle the former Party, or its designated agency, to assert
any such right or claim to the same extent as its predecessor.
ARTICLE X.11
SETTLEMENT OF INVESTMENT DISPUTES BETWEEN ONE PARTY
AND INVESTORS OF THE OTHER PARTY
1. Any investment dispute which may arise between one Party and an
investor of the other Party with respect to matters regulated by this Chapter,
shall be notified in writing by the investor to the host Party. Such notification
shall include in detail all relevant information. To the extent possible, the
dispute shall be settled amicably between the parties.
2. If a dispute has not been settled amicably within a period of six (6)
months from the date of the notification referred in paragraph 1 above, it may be
submitted, at the choice of the investor concerned, either to the competent Courts
or Administrative Tribunals of the Party in whose territory the investment was
made, or to international arbitration.Where the dispute is referred to international
arbitration, the investor may submit the dispute to either:
(a) the International Centre for the Settlement of Investment
Disputes (ICSID), established by the “Convention on the
Settlement of Investment Disputes between States and
Nationals of other States” opened for signature at
Washington, D.C. on 18th March, 1965, provided both
Parties are signatories of the ICSID Convention; or
(b) theAdditional Facility Rules of ICSID, provided that one of the
Parties, but not both, is a party to the ICSID Convention; or
(c) an ad hoc arbitral tribunal established under the Arbitration
Rules of the United Nations Commission on International
Trade Law (UNCITRAL), where none of the Parties is a
signatory of the ICSID Convention.
3. Once the investor has submitted the dispute either to a competent
Tribunal of the disputing Party or to an arbitral procedure, the selection of one
or the other shall be final.
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4. The arbitral award shall be based on:
(a) the provisions of this Chapter and any other binding
agreements between the Parties;
(b) the national laws of the Party where the investment was
made, including the rules dealing with conflicts of laws; and
(c) the rules and generally recognized principles of International
Law.
5. The arbitral awards shall be final and binding on both parties to the
dispute. Each Party assumes the commitment to implement the awards in
accordance with its national laws.
6. The Parties shall abstain from addressing through diplomatic
channels any matter submitted either to the domestic tribunals or to arbitration
tribunals according to the terms of this Article, until such proceedings are
concluded. Once the judicial proceedings or the international arbitration is
concluded, a Party shall not make any diplomatic demand relating to the
dispute, except where the disputing Party has not complied with the judicial
or arbitral decision.
CHAPTER XI: TEMPORARY ENTRY
ARTICLE XI.01
TEMPORARY ENTRY
1. The Parties recognise that there is a growing importance of
investment and services related to trade in goods. In accordance with their
applicable laws and regulations, they shall facilitate the temporary entry of:
(a) nationals who are intra-company transferees (managers,
executives, specialists) and business visitors;
(b) nationals who are providing after-sales services directly
related to the exportation of goods by an exporter of that
same Party into the territory of the other Party;
(c) spouses and children of nationals described in (a) above; and
(d) legal residents in the territory of one of the Parties who are
intra-company transferees (managers, executives,
specialists) and have been continuously employed by the
company at least one (1) year immediately preceding the
date of application for entry, provided they comply with the
immigration requirements of the other Party.
2. With a view to developing and deepening their relations under this
Chapter, the Parties agree that within two (2) years of the date of entry into
force of this Agreement, they will review developments related to temporary
entry and consider the need for further disciplines in this area.
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3. No later than six (6) months after the date of entry into force of this
Agreement, Parties shall make available explanatory material regarding the
requirements for temporary entry under this Article in such a manner as to
enable citizens of the other Party to become acquainted with them.
4. For the purposes of this Chapter:
after-sales services include those provided by persons installing, repairing
and servicing, supervising installers, and setting up and testing
commercial or industrial (including computer software) equipment,
provided the services are being performed as part of an original or
extended sales or lease agreement, warranty, or service contract. “Setting
up” does not include hands-on installation generally performed by
construction or building trades. After-sales services also include persons
providing familiarisation or training sessions to potential users;
business visitors are short-term visitors who do not intend to enter the labour
market of the Parties, but seek entry to engage in activities such as
investigating business opportunities, buying, selling or marketing of
goods or services, negotiating contracts, conferring with colleagues,
attending conferences, trade fairs or trade missions;
national means a natural person who is a citizen of a Party; and
temporary entry means the right to enter and remain for the period
authorised by the Parties in accordance with their laws and regulations.
PART FOUR: ADMINISTRATIVE AND INSTITUTIONAL
PROVISIONS
CHAPTER XII: PUBLICATION, NOTIFICATION, INFORMATION AND
ADMINISTRATION OF LAWS
ARTICLE XII.01
CONTACT POINTS
1. Each Party shall designate, within sixty (60) days of the entry into
force of this Agreement, a contact point to facilitate communications between
the Parties on any matter covered by this Agreement.
2. On the request of a Party, the contact point shall identify the office
or official responsible for the matter and assist, as necessary, in facilitating
communication with the requesting Party.
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ARTICLE XII.02
PUBLICATION AND NOTIFICATION
1. Each of the Parties shall publish and notify the other Party, within a
period of forty (40) days from the coming into force of this Agreement, of
measures such as laws, regulations, judicial decisions, procedures and
administrative regulations of general application which are related to the
provisions of this Agreement.
2. As far as practicable, each of the Parties shall publish and notify the
other Party of any measure indicated in paragraph 1 that it proposes to adopt,
and shall provide the interested Party with a reasonable opportunity for
making observations on the proposed measures.
3. The provisions of this Article do not obligate any of the Parties to
reveal information of a confidential nature, the dissemination of which
may constitute an impediment to the compliance with any laws, or is
contrary to the public interest, or infringes the rules or regulations of
public or private organisations.
4. Each of the Parties, at the request of the other Party, shall provide it
with information and shall promptly respond to any question pursuant to the
proposed or actual measures, notwithstanding that the interested Party had or
had not been previously informed of the measure in question.
ARTICLE XII.03
NOTIFICATION AND SUPPLYING INFORMATION
1. To the maximum extent possible, each Party shall notify the other
Party of any proposed or actual measure that the Party considers might affect
the operation of this Agreement or otherwise substantially affect that other
Party’s interests under this Agreement.
2. On the request of the other Party, a Party shall promptly provide the
information and respond to questions pertaining to any actual or proposedmeasure,
whether or not that other Party has been previously notified of that measure.
3. Any notification or information provided under this Article shall be
without prejudice as to whether the measure is consistent with this Agreement.
ARTICLE XII.04
REVIEW AND APPEAL
1. The Parties reaffirm their guarantees of the right to a hearing in
accordance with the fundamental principles of justice and due process of law
enshrined in their respective legislation.
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2. Each Party shall establish or maintain judicial, quasi-judicial or
administrative tribunals or procedures for the purpose of the prompt review
and, where warranted, revision of final administrative actions regarding matters
covered by this Agreement. Such tribunals shall be impartial and independent
of the office or authority entrusted with administrative enforcement and shall
not have any substantial interest in the outcome of the matter.
3. Each Party shall ensure that, in any such tribunals or procedures, the
parties to the proceeding are provided with the right to:
(a) a reasonable opportunity to support or defend their
respective positions; and
(b) a decision based on the evidence and submissions of record
or, where required by domestic law, the record compiled by
the administrative authority.
4. Each Party shall ensure, subject to appeal or further review as
provided in its domestic law, that such decisions shall be implemented by, and
shall govern the practice of, the offices or authorities entrusted with
administrative enforcement.
CHAPTER XIII: DISPUTE SETTLEMENT
ARTICLE XIII.01
COOPERATION
The Parties shall at all times endeavour to agree on the interpretation
and application of this Agreement, and shall make every attempt through
cooperation and consultations to arrive at a mutually satisfactory resolution
of any matter that might affect its operation.
ARTICLE XIII.02
SCOPE OF COVERAGE
Except as otherwise provided for in this Agreement, the provisions of this
Chapter shall apply:
(a) to the avoidance or settlement of all disputes between the
Parties regarding the interpretation or application of this
Agreement; or
(b) wherever a Party considers that an actual or proposed
measure of the other Party is or would be inconsistent with
the obligations of this Agreement or cause nullification or
impairment in the sense of Annex XIII.01.
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ARTICLE XIII.03
WTO DISPUTE SETTLEMENT
1. Disputes regarding any matter arising under both this Agreement,
and the WTO Agreement or any agreement negotiated according to it, or any
successor agreement, may be settled in either forum at the discretion of the
complaining Party.
2. Once dispute settlement procedures have been initiated under Article
XIII.07 or dispute settlement proceedings have been initiated under the WTO
Agreement, the forum selected shall be used to the exclusion of the other.
3. For the purposes of this Article, dispute settlement proceedings under
the WTO Agreement are deemed to be initiated when a Party requests the
establishment of a panel, such as under Article 6 (Establishment of Panels) of
the Dispute Settlement Understanding (DSU).
ARTICLE XIII.04
PERISHABLE GOODS
1. In the disputes related to perishable goods, the Parties and the panel
referred to in Article XIII.07 shall do everything to accelerate the procedure
to the maximum extent possible. For this purpose, the Parties shall try to
reduce by mutual agreement the time frames established in this Chapter.
2. In cases of urgency, including those which concern perishable goods,
consultations shall commence as soon as possible and no later than fifteen (15)
days from the date of delivery of the request.
ARTICLE XIII.05
CONSULTATIONS
1. A Party may request in writing, consultations with the other Party
regarding any actual or proposed measure, or any other matter that it considers
might affect the operation of this Agreement in terms of Article XIII.02.
2. The Parties shall employ their best endeavours to arrive at a mutually
satisfactory resolution in any matter through consultations under this Article.
To this end, the Parties shall:
(a) provide sufficient information to enable a full examination
of how the actual or proposed measure, or other matter,
might affect the operation of this Agreement; and
(b) treat any confidential or proprietary information exchanged
in the course of consultations on the same basis as the Party
providing the information.
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ARTICLE XIII.06
ALTERNATIVE METHODS OF DISPUTE RESOLUTION
At any time, the Parties may agree to have recourse to alternative methods
of dispute resolution, including good offices, conciliation or mediation.
ARTICLE XIII.07
ESTABLISHMENT OF A PANEL
1. Unless the Parties agree to have recourse to alternative methods of
dispute resolution, the Parties agree to establish a panel to examine any matter
they fail to resolve through consultations pursuant to Article XIII.05.
2. The complaining Party may request in writing the establishment of a
panel if the Parties fail to resolve a matter pursuant to Article XIII.05 within:
(a) thirty (30) days after the delivery date of the request for
consultations; or
(b) fifteen (15) days after the delivery date of the request for
consultations for matters referred to in paragraph 2 of
Article XIII.04.
3. The complaining Party shall state in the request, the measure or other
matter complained of, and shall indicate the provisions of this Agreement that
it considers relevant; and shall deliver the request to the other Party.
4. The Parties may consolidate two (2) or more proceedings regarding
other matters that they determine are appropriate to be considered jointly.
5. The arbitration proceedings shall be considered invoked upon the
delivery of the request for the establishment of the panel to the Party
complained against and the Parties shall take all necessary action in
accordance with Article XIII.10 for the establishment of the panel.
6. Unless otherwise agreed by the disputing Parties, the panel shall be
established and perform its functions in a manner consistent with the
provisions of this Chapter.
ARTICLE XIII.08
ROSTER
1. No later than three (3) months after the entry into force of this
Agreement, the Parties shall establish and maintain a roster of up to twenty (20)
individuals, at least ten (10) of whom must not be citizens of either of the
Parties, who are willing and able to serve as panelists. The roster members shall
be appointed by consensus by the Parties for terms of three (3) years. Unless
either of the Parties disagrees, a roster member shall be considered re-appointed
for a further period of three (3) years.
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2. Roster members shall:
(a) have expertise or experience in law, international trade,
other matters covered by this Agreement or the resolution of
disputes arising under international trade agreements;
(b) be chosen strictly on the basis of objectivity, reliability and
sound judgment;
(c) be independent of, and not be affiliated with or take
instructions from, any Party; and
(d) comply with the code of conduct to be established by the
Joint Council.
ARTICLE XIII.09
QUALIFICATIONS OF PANELISTS
1. All panelists shall meet the qualifications set forth in paragraph 2 of
Article XIII.08.
2. Individuals may not serve as panelists for a dispute in which they
have participated pursuant to Article XIII.06
ARTICLE XIII.10
PANEL SELECTION
1. The panel shall be comprised of three (3) members.
2. The disputing Parties shall endeavour to agree on the chair of the
panel and on the other two (2) panelists within fifteen (15) days of the
delivery of the request for the establishment of the panel. If the disputing
Parties are unable to agree on the chair within this period, within five (5) days
the Party chosen by lot shall select the chair, if not the other Party shall
designate one. The designated chair shall not be a citizen of the Parties.
3. Within fifteen (15) days of selection of the chair, each Party shall
select a panelist who must not be a citizen of that Party.
4. If a Party fails to select its panelist within such period, the Parties
shall choose by lot the panelist from among the roster members who are not
citizens of that other Party.
5. All efforts shall be made to select panelists from the roster. The
Parties may, by consent, select individuals not listed on the roster.
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6. If a disputing Party believes that a panelist is in violation of the code of
conduct, the disputing Parties shall consult and, if they agree, the panelist shall
be removed and a new panelist shall be selected in accordance with this Article.
ARTICLE XIII.11
RULES OF PROCEDURE
1. The Joint Council shall establish by the date of entry into force of this
Agreement,Model Rules of Procedure, in accordancewith the following principles:
(a) the procedures shall ensure a right to at least one hearing
before the panel, as well as the opportunity to provide initial
and rebuttal written submissions; and
(b) the panel’s hearings, deliberations and initial report, and all
written submissions to and communications with the panel,
shall be confidential.
2. Unless otherwise agreed by the Parties, the panel shall conduct its
proceedings in accordance with the Model Rules of Procedure.
3. Unless the Parties otherwise agree, within twenty (20) days from the
date of the delivery of the request for the establishment of the panel, the terms
of reference of the panel, shall be:
“To examine, in the light of the relevant provisions of the
Agreement, the matter referred to its consideration by the
complaining Party (in terms of the request for establishment
of the panel) and to make findings, determinations and
recommendations as provided in paragraph 2 of Article
XIII.13 and Article XIII.14”.
4. If the complaining Party argues that a matter has nullified or
impaired benefits as stated in the Annex XIII.01, the terms of reference
statement shall so indicate.
5. If a Party requires the panel to make findings as to the degree of
adverse trade effects on any Party of any measure found not to conform with
the obligations of thisAgreement or to have caused nullification or impairment
in the sense of the Annex XIII.01, the terms of reference shall so indicate.
ARTICLE XIII.12
ROLE OF EXPERTS
On the request of a Party, or on its own initiative, the panel may seek
information and technical advice from any person or body that it
considers appropriate.
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ARTICLE XIII.13
INITIAL REPORT
1. Unless the Parties otherwise agree, the panel shall issue its initial
report on the basis of the submissions and arguments presented by the Parties
and on any information before it pursuant to Article XIII.12.
2. Unless the disputing Parties otherwise agree, the panel shall, within
ninety (90) days after the last panelist is selected, present to the disputing
Parties an initial report containing:
(a) findings of fact, including any findings pursuant to a request
under paragraph 5 of Article XIII.11;
(b) its determination as to whether the measure at issue is or
would be inconsistent with the obligations of this
Agreement, or is cause for nullification or impairment in the
sense of the Annex XIII.01 or any other decision requested
in the terms of reference statement; and
(c) the preliminary decision, including any recommendations.
3. Panelists may furnish separate opinions on matters not unanimously
agreed.
4. A Party may submit written comments to the panel on its initial
report within fourteen (14) days of presentation of the report. In such an event,
and after considering such written comments, the panel, on its own initiative
or on the request of any disputing Party, may:
(a) make any further examination that it considers appropriate;
and
(b) reconsider its initial report.
ARTICLE XIII.14
FINAL REPORT
1. Unless the Parties otherwise agree, the panel shall present to the
Parties a final report, agreed to by the majority, including any separate
opinions on matters not unanimously agreed, within thirty (30) days of the
presentation of the initial report.
2. No panel may, either in its initial report or its final report, disclose
which panelists are associated with the majority or minority opinions.
3. Unless the Parties agree otherwise, the final report of the panel shall
be published fifteen (15) days after it is transmitted to the Parties.
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ARTICLE XIII.15
IMPLEMENTATION OF FINAL REPORT
1. The final report of the panel shall be binding on the Parties in the
terms and within the time limits ordered by the panel. The period of time to
implement the final report shall not exceed six (6) months from the date of
notification of the final report to the Parties, unless another period of time for
implementation is agreed upon by the Parties.
2. When the final report of the panel declares that the measure is
incompatible with this Agreement, the Party complained against shall abstain
from implementing the measure or shall eliminate it.
3. When the final report of the panel states that the measure causes
nullification or impairment in the sense of Annex XIII.01, it shall determine
the level of nullification or impairment and may suggest mutually satisfactory
adjustments for the Parties.
ARTICLE XIII.16
SUSPENSION OF BENEFITS
1. Where the Party complained against fails to implement the
recommendation or rulings of a panel, or where there is a disagreement between
the Parties as to the existence or consistency with this Agreement of the
measures taken to comply with the recommendations or rulings of a panel, the
Parties shall have recourse to the Joint Council for the settlement of the dispute.
2. In such a case, the Joint Council shall meet, on the request of a Party,
within fifteen (15) days from the expiration of the time frame to implement
the final report. In special circumstances the time frame may be adjusted by
mutual agreement between the Parties.
3. The Joint Council may engage the assistance of expert advisors with
regard to Article XIII.12 in the settlement of disputes between the Parties
regarding the implementation of a panel ruling or report.
4. If the Joint Council is unable to resolve the dispute regarding
implementation according to paragraph 2, within the next ten (10) days, the
panel shall be reconvened to determine whether the Party complained against
has effectively implemented the final report.
5. The suspension of benefits or other obligations are temporary measures
available in the event that the recommendation and rulings in the final report are
not implemented within the stipulated period of time of Article XIII.15.1.
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6. The complaining Party may suspend the application of benefits of
equivalent effect to the Party complained against if the panel determines:
(a) that a measure is incompatible with the obligations of this
Agreement and theParty complained against does not complywith
the final report within the time frame established by the panel;
(b) that a measure causes nullification or impairment in the
sense of Annex XIII.01 and the Parties do not arrive at a
mutually satisfactory agreement of the dispute in the time
frame that the panel has established.
7. The suspension of benefits shall last until the Party complained
against complies with the panel’s final report or until the Parties reach a
mutually satisfactory agreement on the dispute, as the case may be.
8. In considering the suspension of the benefits consistent with
paragraph 6:
(a) the complaining Party shall first seek to suspend benefits in
the same sector or sectors affected by the measure, or by any
other measure that the panel has found to be inconsistent with
the obligations of this Agreement, or to have caused
nullification or impairment in the sense ofAnnex XIII.01; and
(b) where the complaining Party considers it is not feasible or
effective to suspend benefits in the same sector or sectors, it
may suspend benefits in other sectors.
9. At any time after the suspension of benefits, upon the written request
of any disputing Party, delivered to the other Party, the Parties shall establish
a panel to determine whether the final report has been implemented or not, or
whether the level of benefits suspended by a Party pursuant to paragraph 6 is
manifestly excessive. To the extent possible, the panel will be constituted by
the same panelists that presided over the initial dispute.
10. The panel proceedings for the purposes of paragraph 9 shall be
conducted in accordance with the Model Rules of Procedure. The panel shall
present its final decision within the sixty (60) days after the last panelist is
selected, or such other period as the Parties may agree.
ARTICLE XIII.17
JUDICIAL OR ADMINISTRATIVE PROCEEDINGS
1. If an issue of interpretation or application of this Agreement arises
in any domestic judicial or administrative proceeding of a Party that any
Party considers would merit its intervention, or if a court or administrative
body solicits the views of a Party, that Party shall notify the other Party. The
Joint Council shall endeavor to agree on an appropriate response as
expeditiously as possible.
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2. The Party in whose territory the court or administrative body is
located shall submit any agreed interpretation of the Joint Council to the court
or administrative body in accordance with the rules of that forum.
3. If the Joint Council is unable to agree, any Party may submit its
own views to the court or administrative body in accordance with the rules
of that forum.
ARTICLE XIII.18
PRIVATE RIGHTS
Neither Party shall provide for a right of action under its domestic law
against the other Party on the ground that a measure of the other Party is
inconsistent with this Agreement.
ARTICLE XIII.19
ALTERNATIVE DISPUTE RESOLUTION
1. Each Party shall, to the maximum extent possible, encourage and
facilitate the use of arbitration and other means of alternative dispute
resolution for the settlement of international commercial disputes between
private parties in the free trade area.
2. To this end, each Party shall provide appropriate procedures to
ensure the observance of agreements to arbitrate and for the recognition and
enforcement of arbitration awards in such disputes.
3. A Party shall be deemed to be in compliance with paragraph 2 if it is
a party to and is in compliance with the 1958 United Nations Convention on
the Recognition and Enforcement of Foreign Arbitral Awards.
4. The Joint Council shall facilitate the establishment of an Advisory
Committee on Private Commercial Disputes comprising persons with
expertise or experience in the settlement of private international commercial
disputes. The Committee shall report and provide recommendations to the
Joint Council on general issues referred to it by the Joint Council regarding
the availability, use and efficiency of arbitration and other procedures for the
settlement of such disputes in the free trade area.
ANNEX XIII.01
NULLIFICATION AND IMPAIRMENT
1. A Party may have recourse to dispute settlement under this Chapter,
if such Party considers that any benefit it could reasonably have expected to
accrue to it under any provision of Part Three (Trade in Goods) is being
nullified or impaired as a result of the application of any measure that is not
consistent with this Agreement.
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2. In any such dispute, the Panel shall take into consideration the
jurisprudence interpreting Article XXIII.1.(b) (Nullification or Impairment)
of the GATT 1994.
PART FIVE: OTHER PROVISIONS
CHAPTER XIV: COMPETITION POLICY
ARTICLE XIV.01
COOPERATION
1. The Parties shall seek to make progress towards the adoption of
common provisions to prevent the benefits under this Agreement from being
undermined by anti-competitive activities.
2. Likewise, the Parties shall make an effort to establish mechanisms to
facilitate and promote the development of competition policy and to
guarantee the application of regulations on free competition in and between
the Parties in the free trade area.
ARTICLE XIV.02
FUTURE WORK PROGRAM
Within a period of two (2) years of the date of entry into force of this
Agreement, the Parties shall analyse the developments regarding paragraphs 1
and 2 of Article XIV.01 and shall consider adopting disciplines in this Chapter.
CHAPTER XV: GOVERNMENT PROCUREMENT
ARTICLE XV.01
GOVERNMENT PROCUREMENT
1. The Parties agree to promote greater liberalisation and greater
transparency in their government procurement markets.
2. Within a period of two (2) years of the date of entry into force of this
Agreement, the Parties shall analyse the developments regarding paragraph 1
and shall consider adopting disciplines in this Chapter.
PART SIX: FINAL PROVISIONS
CHAPTER XVI: EXCEPTIONS
ARTICLE XVI.01
GENERAL EXCEPTIONS
For the purposes of Part Two (Trade in Goods), Article XX (General
Exceptions) of the GATT 1994 and its interpretative notes, or any equivalent
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provision of a successor Agreement to which both Parties are party, are
incorporated into and made part of this Agreement.
ARTICLE XVI.02
NATIONAL SECURITY
Pursuant to Article XXI (Security Exceptions) of the GATT 1994,
nothing in this Agreement shall be construed:
(a) to require any Party to furnish or allow access to any
information the disclosure of which it determines to be
contrary to its essential security interests;
(b) to prevent any Party from taking any actions considered
necessary for the protection of its essential security interests:
(i) relating to the traffic in arms, ammunition and
implements of war and to such traffic and transactions
in other goods, materials, services and technology
undertaken directly or indirectly for the purpose of
supplying a military or other security establishment;
(ii) adopted in time of war or other emergency in
international relations; or
(iii) relating to the implementation of national policies or
international agreements regarding the non-
proliferation of nuclear weapons or other nuclear
explosive devices; or
(c) to prevent any Party from taking action in pursuance of its
obligations under the United Nations Charter for the
Maintenance of International Peace and Security.
ARTICLE XVI.03
TAXATION AND DOUBLE TAXATION
1. Except as provided for in this Article, nothing in this Agreement
shall apply to taxation measures.
2. Nothing in this Agreement shall affect the rights and obligations of
either Party under any tax convention. In the event of any inconsistency
between this Agreement and any such conventions, those conventions shall
prevail to the extent of the inconsistency.
3. Notwithstanding paragraph 2:
(a) Article III.03 (National Treatment) and such other
provisions of this Agreement as are necessary to give effect
to that Article, shall apply to taxation measures to the same
extent as in Article III of the GATT 1994; and
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(b) Article III.15 (Export Taxes) shall apply to taxation
measures.
4. The Parties agree to conclude a bilateral double taxation agreement
within a reasonable time after the date that this Agreement enters into force.
5. The Parties agree that, upon conclusion of a bilateral double taxation
Agreement, they will agree to an exchange of letters setting out the
relationship between the double taxation Agreement and this Article.
ARTICLE XVI.04
BALANCE OF PAYMENTS
1. Nothing in this Agreement shall be construed to prevent a Party from
adopting or maintaining measures that restrict transfers when the Party
experiences serious balance of payments difficulties, or the threat thereof, and
such restrictions are consistent with Chapter X (Investment) and this Article.
2. Restrictions imposed on transfers related to trade in goods, shall not
substantially impede those transfers from being made in a freely usable
currency at a market rate of exchange and may not take the form of tariff
surcharges or similar measures.
ARTICLE XVI.05
EXCEPTIONS TO THE DISCLOSURE OF INFORMATION
Nothing in this Agreement shall be construed to require any Party to
furnish or allow access to information, the disclosure of which would impede
law enforcement or would be contrary to the Party’s laws protecting personal
privacy or the financial affairs and accounts of individual customers of
financial institutions.
CHAPTER XVII: FINAL PROVISIONS
ARTICLE XVII.01
ANNEXES AND FOOTNOTES
The Annexes and Footnotes to this Agreement constitute an integral part
of this Agreement.
ARTICLE XVII.02
AMENDMENTS
1. The Parties may agree on any amendment, modification, or addition
to this Agreement.
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2. When so agreed and approved in accordance with the applicable
legal procedures of each Party, an amendment, modification or addition shall
constitute an integral part of this Agreement.
ARTICLE XVII.03
ENTRY INTO FORCE
This Agreement shall enter into force on 1st March, 2004, or as soon
thereafter as the Parties have exchanged written notifications that certifies all
necessary legal procedures have been completed.
ARTICLE XVII.04
PROVISIONAL APPLICATION
1. This Agreement may be provisionally applied by any two States of
the Parties mentioned in the Preamble which have notified that they have
completed the necessary legal procedures and have agreed to apply the
provisions of this Agreement provisionally pending its definitive entry into
force in accordance with Article XVII.03.
2. CARICOM shall notify Costa Rica of any Member State mentioned
in the Preamble which has completed the necessary legal procedures and has
agreed to apply this Agreement provisionally.
ARTICLE XVII.05
RESERVATIONS
This Agreement shall not be the subject of reservations or unilateral
interpretative declarations.
ARTICLE XVII.06
ACCESSION
1. Any country or group of countries may accede to this Agreement
subject to such terms and conditions as may be agreed between such country
or group of countries and the Parties, and following approval in accordance
with the applicable legal procedures of each country.
2. It is mutually understood and agreed that negotiations for the
accession of Haiti to this Agreement shall take into account that this
Agreement and its Annexes establish preferential treatment by Costa Rica for
the less developed Member States of CARICOM by reason of their lesser
degree of development.
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3. This Agreement shall not come into force between a Party and any
acceding country or group of countries if, at the time of accession, either does
not consent to such application.
4. The instrument of accession shall enter into force upon the exchange of
notifications certifying that the applicable legal procedures have been fulfilled.
ARTICLE XVII.07
TERMINATION
1. This Agreement shall remain in force, unless terminated by either
Party on six (6) months’ written notice to the other Party. The rights acquired
and the obligations assumed under this Agreement shall cease on the effective
date of termination, except as provided in paragraph 2.
2. Obligations undertaken prior to termination with respect to trade in
goods shall continue in force, for a further period of one (1) year, unless the
Parties agree to a longer period.
3. In the case of accession of a country or group of countries in
accordance with the provisions of Article XVII.06, even when a Party has
denounced the Agreement, it shall remain in force for the other Parties.
ARTICLE XVII.08
AUTHENTIC TEXTS
Both the English and Spanish texts of this Agreement, in duplicate, are
equally authentic.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly
authorized, have affixed their signatures to this Agreement in the City of
Kingston, Jamaica, on this 9th day of March Two Thousand and Four.
................................................... .................................................
THE MOST HONOURABLE HIS EXCELLENCY
PERCIVAL J. PATTERSON DR. ABEL PACHECO
Prime Minister of Jamaica President of the Republic of
Costa Rica
Caribbean Community (CARICOM)
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