TRADE AGREEMENT BETWEEN JAPAN AND THE UNITED STATES OF AMERICA

TRADE AGREEMENT BETWEEN 
JAPAN AND THE UNITED STATES OF AMERICA



 Japan and the United States of America (“the Parties”) have agreed as follows:

Article 1

 For the purposes of this Agreement:

    (a) “customs duty” means any duty or charge of any kind imposed on or in connection with the importation of a good, and any surtax or surcharge imposed in connection with such importation, but does not include any:

      (i) charge equivalent to an internal tax imposed consistently with paragraph 2 of Article III of the GATT 1994;

      (ii) fee or other charge in connection with the importation commensurate with the cost of services rendered; or

      (iii) antidumping or countervailing duty;

    (b) “existing” means in effect on the date of entry into force of this Agreement;

    (c) “GATT 1994” means the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;

     (d) “originating” means qualifying as originating in accordance with Annex I, with respect to Japan, or Annex II, with respect to the United States;

     (e) “WTO” means the World Trade Organization; and

     (f) “WTO Agreement” means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on April 15, 1994.

Article 2

Each Party affirms its existing rights and obligations with respect to the other Party under the WTO Agreement and other agreements to which both Parties are party.

 

Article 3

 Article XX of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.

Article 4

 Nothing in this Agreement shall be construed to:

    (a) require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or

    (b) preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests. 

Article 5

1. Further to the existing commitments by each Party under the WTO Agreement, unless otherwise provided for in this Agreement, each Party shall improve market access in accordance with Annex I or Annex II.

2. Nothing in this Agreement affects the existing rights and obligations of the Parties under Article XIX of the GATT 1994 and the Agreement on Safeguards in Annex 1A to the WTO Agreement.

3. Nothing in this Agreement shall be construed to prevent a Party from taking action, including maintaining or increasing a customs duty, that is authorized by the Dispute Settlement Body of the WTO. 

Article 6

 No later than 30 days after a request by either Party, the Parties shall enter into consultations regarding any matter that might affect the operation or interpretation of this Agreement, with a view to arriving at a mutually satisfactory resolution of the matter within 60 days.

Article 7

 The Annexes to this Agreement shall constitute an integral part of this Agreement.

Article 8

The Parties may agree, in writing, to amend this Agreement.  An amendment shall enter into force 30 days after the date on which the Parties have notified each other in writing of the approval of the amendment in accordance with their respective applicable legal procedures, or on such other date as the Parties may decide. 

Article 9

 This Agreement shall enter into force 30 days after the date on which the Parties have notified each other in writing of the completion of their respective applicable legal procedures, or on such other date as the Parties may decide.

Article 10

 Either Party may terminate this Agreement by providing written notice of termination to the other Party.  The termination shall take effect four months after the date on which a Party has provided that written notice to the other Party, or on such other date as the Parties may decide.

Article 11

 The Japanese and English texts of this Agreement shall be equally authentic, except for Annex II, which shall be authentic only in English.

 IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

 DONE in duplicate at Washington, District of Columbia, this seventh day of October, 2019 in the Japanese and English languages. 




For Japan:
 杉山晋輔  

For the United States of America:
 Robert E. Lighthizer

ANNEX I
TARIFFS AND TARIFF-RELATED PROVISIONS OF JAPAN


Section A
General Provisions


1. For the purposes of this Annex:

    (a)   “chapter” means a chapter of the Harmonized System;

    (b)   “Harmonized System” or “HS” means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, Chapter Notes and Subheading Notes as adopted and implemented by Japan in its laws;

    (c)   “heading” means the first four digits of the tariff classification number under the Harmonized System; 

    (d)   “subheading” means the first six digits of the tariff classification number under the Harmonized System; and

    (e)   “year” means, with respect to Year 1, the period from the date of entry into force of this Agreement until the following March 31 and, with respect to each subsequent year, the 12-month period starting on April 1 of that year.

2. The nine-digit codes of the tariff classification number of Japan referred to in this Annex are based on the national nomenclature of Japan (Statistical Code List for Imports as of April 1, 2019).  For greater certainty, they are subject to change in accordance with the laws, regulations or public notifications of Japan, and shall be referred to together with the correlation tables published in case of any change of national nomenclature of Japan.  This Annex is made based on the Harmonized System, as amended on January 1, 2017.

3. Japan shall designate or maintain one or more inquiry points to address inquiries from interested persons concerning any matter with respect to the implementation or application of this Annex, and shall make information concerning the procedures for making such inquiries publicly available online. 

Section B
Tariff Commitments of Japan


Sub-Section 1
General Notes


1. For the purposes of implementing annual stages of tariff elimination or reduction pursuant to paragraph 1 of Article 5, the following applies:

    (a)   the reduction for Year 1 shall take place on the date of entry into force of this Agreement; and

    (b) the subsequent annual reductions shall take place on April 1 of each following year.

2. For the purposes of this Section, “base rate” means the initial rate of customs duty from which the elimination or reduction of customs duties will be implemented.

3. Unless otherwise provided for in this Section, for the purposes of the elimination or reduction of customs duties in accordance with this Section:

    (a)   in the case of ad valorem duties any fraction less than 0.1 of a percentage point shall be rounded down at least to the nearest one decimal place (in the case of 0.15 percent, the fraction shall be rounded down to 0.1 percent); and

    (b)   in the case of specific duties any fraction smaller than 0.01 of the official monetary unit of Japan shall be rounded to the nearest two decimal places (in the case of 0.005, the fraction shall be rounded to 0.01).

4. Notwithstanding paragraph 1, and paragraph 1(e) of Section A, if this Agreement enters into force after March 31, 2020, Japan shall apply this Section as if this Agreement had entered into force between the date of signature of this Agreement and March 31, 2020.

5. In future negotiations, the United States will be seeking preferential treatment with respect to agricultural goods.

Sub-Section 2
Tariff Elimination or Reduction


1. The base rate of customs duty and the staging category for determining the rate of customs duty of each stage of reduction for an item are indicated for that item in the Schedule of Japan set out in Sub-Section 5 (“Schedule of Japan”).

2. Japan shall eliminate or reduce customs duties pursuant to paragraph 1 of Article 5 in accordance with the following staging categories:

    (a) customs duties on originating goods provided for in the items in staging category EIF shall be eliminated entirely, and these originating goods shall be duty-free on the date of entry into force of this Agreement;

    (b) customs duties on originating goods provided for in the items in staging category B4 shall be eliminated as follows:

      (i)   the customs duties shall be reduced by 50 percent of the base rate on the date of entry into force of this Agreement; and

      (ii)  the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in two annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 3;

    (c) customs duties on originating goods provided for in the items in staging category B6 shall be eliminated as follows:

      (i)   the customs duties shall be reduced by one third of the base rate on the date of entry into force of this Agreement; and

      (ii)  the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in four annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 5;

    (d) customs duties on originating goods provided for in the items in staging category JPB6* shall be eliminated as follows:

      (i) the customs duties shall be reduced by 20 percent of the base rate, and further reduced by 20 percent of that resulting rate, on the date of entry into force of this Agreement; and

      (ii) the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in four annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 5;

    (e)   customs duties on originating goods provided for in the items in staging category JPB6** shall be eliminated as follows:

      (i) the customs duties shall be reduced by 50 percent of the base rate, and further reduced by 20 percent of that resulting rate, on the date of entry into force of this Agreement; and

      (ii) the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in four annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 5;

    (f) customs duties on originating goods provided for in the items in staging category JPB6**** shall be eliminated as follows:

      (i) the customs duties shall be reduced to 25 percent ad valorem and 40 yen per kilogram, and further reduced by 20 percent of that resulting rate, on the date of entry into force of this Agreement; and

      (ii) the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in four annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 5;

    (g) customs duties on originating goods provided for in the items in staging category JPB6***** shall be eliminated as follows:

      (i) the customs duties shall be reduced to 35 percent ad valorem and 40 yen per kilogram, and further reduced by 20 percent of that resulting rate, on the date of entry into force of this Agreement; and

      (ii) the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in four annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 5;

    (h) customs duties on originating goods provided for in the items in staging category B8 shall be eliminated as follows:

      (i)   the customs duties shall be reduced by 25 percent of the base rate on the date of entry into force of this Agreement; and

      (ii)  the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in six annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 7;

    (i) customs duties on originating goods provided for in the items in staging category JPB8* shall be eliminated as follows:  

      (i) the customs duties shall be reduced by 50 percent of the base rate, and further reduced by one seventh of that resulting rate, on the date of entry into force of this Agreement; and

      (ii) the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in six annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 7;
    (j) customs duties on originating goods provided for in the items in staging category JPB8** shall be eliminated as follows:

      (i) the customs duties shall be reduced by 20 percent of the base rate on the date of entry into force of this Agreement;

      (ii) the customs duties shall remain at the level set out in subparagraph (i) until March 31 of Year 2; and 

      (iii) the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in five annual stages beginning on April 1 of Year 3, and these originating goods shall be duty-free effective April 1 of Year 7;

    (k) customs duties on originating goods provided for in the items in staging category JPB8*** shall be eliminated as follows:

      (i) the customs duties shall be reduced by one third of the base rate, and further reduced by one seventh of that resulting rate, on the date of entry into force of this Agreement; and




      (ii) the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in six annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 7;

    (l) customs duties on originating goods provided for in the items in staging category JPB8**** shall be eliminated as follows:

      (i)   the customs duties shall be reduced to 8.5 percent ad valorem or 125 yen per liter, whichever is less, subject to a minimum duty of 35.73 yen per liter, on the date of entry into force of this Agreement;

      (ii)  the customs duties shall be reduced to 7.1 percent ad valorem or 125 yen per liter, whichever is less, subject to a minimum duty of 26.80 yen per liter, on April 1 of Year 2;

      (iii) the customs duties shall be reduced to 5.7 percent ad valorem or 125 yen per liter, whichever is less, subject to a minimum duty of 17.87 yen per liter, on April 1 of Year 3;

      (iv)  the customs duties shall be reduced to 4.2 percent ad valorem or 125 yen per liter, whichever is less, subject to a minimum duty of 8.93 yen per liter, on April 1 of Year 4;

      (v)   the customs duties shall be reduced to 2.8 percent ad valorem or 125 yen per liter, whichever is less, on April 1 of Year 5; 

      (vi)  the customs duties shall be reduced to 1.4 percent ad valorem or 125 yen per liter, whichever is less, on April 1 of Year 6; and 

      (vii) these originating goods shall be duty-free effective April 1 of Year 7;

    (m) customs duties on originating goods provided for in the items in staging category JPB8***** shall be eliminated as follows:

      (i)   the customs duties shall be reduced to 8.5 percent ad valorem or 125 yen per liter, whichever is less, subject to a minimum duty of 38.29 yen per liter, on the date of entry into force of this Agreement;

      (ii)  the customs duties shall be reduced to 7.1 percent ad valorem or 125 yen per liter, whichever is less, subject to a minimum duty of 31.90 yen per liter, on April 1 of Year 2;

      (iii) the customs duties shall be reduced to 5.7 percent ad valorem or 125 yen per liter, whichever is less, subject to a minimum duty of 25.52 yen per liter, on April 1 of Year 3;

      (iv)  the customs duties shall be reduced to 4.2 percent ad valorem or 125 yen per liter, whichever is less, subject to a minimum duty of 19.14 yen per liter, on April 1 of Year 4;

      (v)   the customs duties shall be reduced to 2.8 percent ad valorem or 125 yen per liter, whichever is less, subject to a minimum duty of 12.76 yen per liter, on April 1 of Year 5; 

      (vi)  the customs duties shall be reduced to 1.4 percent ad valorem or 125 yen per liter, whichever is less, subject to a minimum duty of 6.38 yen per liter, on April 1 of Year 6; and

      (vii) these originating goods shall be duty-free effective April 1 of Year 7;

    (n) customs duties on originating goods provided for in the items in staging category B9 shall be eliminated as follows:

      (i)   the customs duties shall be reduced by two ninths of the base rate on the date of entry into force of this Agreement; and

      (ii)  the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in seven annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 8;

    (o) customs duties on originating goods provided for in the items in staging category JPB10* shall be eliminated as follows:

      (i) the customs duties shall be reduced to 2.2 percent ad valorem, and further reduced by one ninth of that resulting rate, on the date of entry into force of this Agreement; and

      (ii) the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in eight annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 9;
 
    (p) customs duties on originating goods provided for in the items in staging category B11 shall be eliminated as follows:

      (i)   the customs duties shall be reduced by two elevenths of the base rate on the date of entry into force of this Agreement; and

      (ii)  the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in nine annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 10;

    (q)   customs duties on originating goods provided for in the items in staging category JPB11* shall be:

      (i) from the date of entry into force of this Agreement until March 31 of Year 9, the difference between:

        (A)  the sum of:

          (1) the value per kilogram obtained by multiplying the value for customs duty per kilogram by the Coefficient; and

          (2) the value per kilogram set out in Column 2 of the table below; and

for the purposes of this subparagraph, the Coefficient shall be the difference between:

          (3)  100 percent plus the rate set out in Column 3 of the table below; and

          (4)  the value obtained by dividing the value per kilogram set out in Column 2 of the table below by 897.59 yen; and
(B)  the value for customs duty per kilogram; and
(ii) zero, effective April 1 of Year 10;

    (r)   customs duties on originating goods provided for in the items in staging category JPB11** shall be eliminated as follows:

      (i) (A) 3.7 percent ad valorem for Year 1;

        (B)   3.2 percent ad valorem for Year 2;

        (C)   2.7 percent ad valorem for Year 3; and

        (D)   2.2 percent ad valorem for Year 4; and

      (ii) the customs duties shall be eliminated from the level set out in subparagraph (i)(D) in six annual stages beginning on April 1 of Year 5, and these originating goods shall be duty-free effective April 1 of Year 10;

    (s)   customs duties on originating goods provided for in the items in staging category JPB11*** shall be eliminated as follows:

      (i) the customs duties shall be reduced by 25 percent of the base rate, and further reduced by 10 percent of that resulting rate, on the date of entry into force of this Agreement; and

      (ii) the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in nine annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 10;

    (t) customs duties on originating goods provided for in the items in staging category JPB11***** shall be eliminated as follows:

      (i) the customs duties shall be reduced by 50 percent of the base rate, and further reduced by 10 percent of that resulting rate, on the date of entry into force of this Agreement; and

      (ii) the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in nine annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 10;

    (u) customs duties on originating goods provided for in the items in staging category JPB13* shall be eliminated as follows:

      (i) the customs duties shall be reduced by 50 percent of the base rate, and further reduced by one twelfth of that resulting rate, on the date of entry into force of this Agreement; and

      (ii) the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in 11 annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 12;

    (v)  customs duties on originating goods provided for in the items in staging category JPB13*** shall be eliminated as follows:

      (i) the customs duties shall be reduced by 50 percent of the base rate on the date of entry into force of this Agreement; 

      (ii) the customs duties shall remain at the level set out in subparagraph (i) until March 31 of Year 5;

     (iii) the customs duties shall be reduced by 25 percent of the base rate from the level calculated, without rounding, in subparagraph (i) on April 1 of Year 6;

      (iv) the customs duties shall remain at the level set out in subparagraph (iii) until March 31 of Year 11; and 

      (v) the customs duties shall be eliminated and these originating goods shall be duty-free effective April 1 of Year 12;

    (w) customs duties on originating goods provided for in the items in staging category B16 shall be eliminated as follows:

      (i)   the customs duties shall be reduced by 12.5 percent of the base rate on the date of entry into force of this Agreement; and

      (ii)  the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in 14 annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 15;

    (x) customs duties on originating goods provided for in the items in staging category JPB16** shall be eliminated as follows:

      (i) the customs duties shall be reduced to 25 percent ad valorem and 40 yen per kilogram, and further reduced by one fifteenth of that resulting rate, on the date of entry into force of this Agreement; and 
      (ii)  the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in 14 annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 15;

    (y) customs duties on originating goods provided for in the items in staging category JPB16*** shall be eliminated as follows:

      (i) the customs duties shall be reduced to 35 percent ad valorem and 40 yen per kilogram, and further reduced by one fifteenth of that resulting rate, on the date of entry into force of this Agreement; and

      (ii) the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in 14 annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 15;

    (z) customs duties on originating goods provided for in the items in staging category JPB21* shall be eliminated as follows:

      (i) the customs duties shall be reduced to 25 percent ad valorem and 40 yen per kilogram, and further reduced by five percent of that resulting rate, on the date of entry into force of this Agreement; and

      (ii) the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in 19 annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 20;

    (aa) customs duties on originating goods provided for in the items in staging category JPB21** shall be eliminated as follows:

      (i) the customs duties shall be reduced to 35 percent ad valorem and 40 yen per kilogram, and further reduced by five percent of that resulting rate, on the date of entry into force of this Agreement; and

      (ii) the customs duties shall be eliminated from the level calculated, without rounding, in subparagraph (i) in 19 annual stages beginning on April 1 of Year 2, and these originating goods shall be duty-free effective April 1 of Year 20;

    (bb) customs duties on originating goods provided for in the items in staging category JPR2 shall be reduced as follows:

      (i) 26.6 percent ad valorem for Year 1;

      (ii)  25.8 percent ad valorem for Year 2;

      (iii) 25.0 percent ad valorem for Year 3;

      (iv) 24.1 percent ad valorem for Year 4;

      (v)   23.3 percent ad valorem for Year 5;

      (vi) 22.5 percent ad valorem for Year 6;

      (vii) 21.6 percent ad valorem for Year 7;

      (viii) 20.8 percent ad valorem for Year 8;

      (ix) 20.0 percent ad valorem for Year 9;

      (x) the customs duties shall be reduced to nine percent ad valorem from the level set out in subparagraph (ix) in six annual stages beginning on April 1 of Year 10; and

      (xi) the customs duties shall remain at nine percent ad valorem from Year 15;

    (cc) customs duties on originating goods provided for in the items in staging category JPR3 shall be reduced as follows:

      (i)   36.8 percent ad valorem for Year 1;

      (ii)  34.7 percent ad valorem for Year 2;

      (iii) 32.6 percent ad valorem for Year 3;

      (iv)  30.5 percent ad valorem for Year 4;
 
      (v)   28.4 percent ad valorem for Year 5;

      (vi)  26.3 percent ad valorem for Year 6;

      (vii) 24.2 percent ad valorem for Year 7;

      (viii) 22.1 percent ad valorem for Year 8;

      (ix)  20.0 percent ad valorem for Year 9;
      (x) the customs duties shall be reduced to nine percent ad valorem from the level set out in subparagraph (ix) in six annual stages beginning on April 1 of Year 10; and

      (xi)  the customs duties shall remain at nine percent ad valorem from Year 15;

    (dd) customs duties on originating goods provided for in the items in staging category JPR4 shall be the lesser of:

      (i) the difference between the value of the customs duty per kilogram and the value per kilogram obtained by multiplying 393 yen per kilogram by 100 percent plus the rate set out in Column 3 of the table below; and 

      (ii) the value set out in Column 2 of the table below; 


    (ee) customs duties on originating goods provided for in the items in staging category JPR5 shall be the lesser of:

(i) the difference between the value of the customs duty per kilogram and the value per kilogram obtained by multiplying 524 yen per kilogram by 100 percent plus the rate set out in Column 3 of the table below; and 

(ii) the value set out in Column 2 of the table below; 

    (ff)  customs duties on originating goods provided for in the items in staging category JPR7 shall be reduced by 10 percent of the base rate on the date of entry into force of this Agreement and shall remain at that level thereafter;

    (gg) customs duties on originating goods provided for in the items in staging category JPR9 shall be reduced as follows:

      (i)   the customs duties shall be reduced by one sixth of the base rate on the date of entry into force of this Agreement;

      (ii)  the customs duties shall be reduced to 50 percent of the base rate from the level calculated, without rounding, in subparagraph (i) in four annual stages beginning on April 1 of Year 2; and 

      (iii) the customs duties shall remain at the level set out in subparagraph (ii) from Year 5;

    (hh) customs duties on originating goods provided for in the items in staging category JPR12 shall be reduced as follows:

      (i)   the customs duties shall be reduced by 25 percent of the base rate on the date of entry into force of this Agreement;

      (ii)  the customs duties shall be reduced to 25 percent of the base rate from the level calculated, without rounding, in subparagraph (i) in four annual stages beginning on April 1 of Year 2; and

      (iii) the customs duties shall remain at the level set out in subparagraph (ii) from Year 5;

    (ii) customs duties on originating goods provided for in the items in staging category JPR13 shall be reduced as follows:

      (i)   the customs duties shall be reduced by one eleventh of the base rate on the date of entry into force of this Agreement;

      (ii)  the customs duties shall be reduced to 50 percent of the base rate from the level calculated, without rounding, in subparagraph (i) in nine annual stages beginning on April 1 of Year 2; and

      (iii) the customs duties shall remain at the level set out in subparagraph (ii) from Year 10;

    (jj) customs duties on originating goods provided for in the items in staging category JPR20 shall be reduced as follows:

      (i) the customs duties shall be reduced by two fifteenths of the base rate on the date of entry into force of this Agreement;

      (ii)  the customs duties shall be reduced to 40 percent of the base rate from the level calculated, without rounding, in subparagraph (i) in seven annual stages beginning on April 1 of Year 2; and

      (iii) the customs duties shall remain at the level set out in subparagraph (ii) from Year 8;

    (kk) customs duties on originating goods provided for in the items in staging category JPR21 shall be reduced as follows:

      (i) (A) 29.84 yen per kilogram for Year 1;

          (B) 27.77 yen per kilogram for Year 2;

          (C) 25.69 yen per kilogram for Year 3;

          (D) 23.61 yen per kilogram for Year 4;

          (E) 21.53 yen per kilogram for Year 5;

          (F) 19.46 yen per kilogram for Year 6;

          (G) 17.38 yen per kilogram for Year 7; and

          (H) 15.30 yen per kilogram for Year 8; and
      (ii)  the customs duties shall remain at the level set out in subparagraph (i)(H) from Year 8;

    (ll) for originating goods provided for in the items in staging category JPM1, which are subject to tariff rate quotas under the WTO Agreement, the maximum amount that Japan may add to the amount paid for these originating goods when setting the minimum selling price (maximum import mark-up to set the minimum selling price) shall be as follows:

      (i)   15.3 yen per kilogram for Year 1;

      (ii)  14.5 yen per kilogram for Year 2;

      (iii) 13.6 yen per kilogram for Year 3;

      (iv)  12.8 yen per kilogram for Year 4;

      (v)   11.9 yen per kilogram for Year 5;

      (vi)  11.1 yen per kilogram for Year 6;

      (vii) 10.2 yen per kilogram for Year 7; and

      (viii) 9.4 yen per kilogram for Year 8 and for each subsequent year;

    (mm) for originating goods provided for in the items in staging category JPM2, which are subject to tariff rate quotas under the WTO Agreement, the maximum import mark-up to set the minimum selling price shall be as follows:

      (i)   7.2 yen per kilogram for Year 1;

      (ii)  6.8 yen per kilogram for Year 2;

      (iii) 6.4 yen per kilogram for Year 3;

      (iv)  6.0 yen per kilogram for Year 4;

      (v)   5.6 yen per kilogram for Year 5;

      (vi)  5.2 yen per kilogram for Year 6;

      (vii) 4.8 yen per kilogram for Year 7; and

      (viii) 4.4 yen per kilogram for Year 8 and for each subsequent year; and

    (nn) customs duties on originating goods provided for in the items in staging category TRQ-n shall be governed by the terms of tariff rate quota (“TRQ”) applicable to that item, as set out in Sub-Section 3.

3. The annual stages referred to in paragraph 2 for the elimination or reduction of customs duties shall be equal annual stages, except as otherwise provided in paragraph 2.

Sub-Section 3
Tariff Rate Quotas


1. In this Sub-Section, the descriptions of product or products in the title of each TRQ are not necessarily exhaustive.  These descriptions are included solely to assist users in understanding this Sub-Section and shall not alter or supersede the coverage for each TRQ established by reference to the relevant tariff items.

2. During the first year that this Agreement is in force, if less than 12 months remain in the year on the date of entry into force of this Agreement, Japan shall make available to quota applicants, the quota quantity established in the provisions of this Sub-Section, multiplied by a fraction the numerator of which shall be a whole number consisting of the number of months remaining in the year on the date of entry into force of this Agreement, including the entirety of the month in which this Agreement enters into force, and the denominator of which shall be 12.  For the purposes of this paragraph, any fraction of less than 1.0 shall be rounded to the nearest whole number (in the case of 0.5, the fraction shall be rounded to 1.0).  

3. TRQ-JP1 Mixes and Doughs and Cake Mixes

    (a) The aggregate quota quantity of originating goods provided for in the tariff items set out in subparagraph (c) from the United States that shall be duty-free in a particular year is specified below:
    (b) The rate of customs duty on originating goods provided for in the tariff items set out in subparagraph (c) from the United States imported in excess of the aggregate quota quantity set out in subparagraph (a) shall be determined at the most-favored-nation rate of customs duty in effect at the time of import of those goods.

    (c) Subparagraphs (a) and (b) shall apply to the originating goods provided for in the tariff items 190120.222, 190120.232, 190120.235, and 190120.243.

    (d) TRQ-JP1 shall be administered by Japan through a first-come, first-served import licensing procedure pursuant to which a certificate of tariff rate quota shall be issued by Japan.

4. TRQ-JP2 Wheat

    (a) The aggregate quota quantity of originating goods provided for in the tariff items set out in subparagraph (d) from the United States that shall be duty-free in a particular year, subject to an import mark-up applied by Japan as provided in subparagraphs (f) and (g), and the maximum import mark-up to set the minimum selling price for each year for those goods, are specified below:

    (b) For the purposes of TRQ-JP2:


      (i) Group 1 means Dark Northern Spring, Hard Red Winter, and Western White wheat classes; and

      (ii) Group 2 means all wheat classes other than those set out in subparagraph (i).

    (c) The rate of customs duty on originating goods provided for in the tariff items set out in subparagraph (d) from the United States imported in excess of the aggregate quota quantity set out in subparagraph (a) shall be determined at the most-favored-nation rate of customs duty in effect at the time of import of those goods.

    (d) Subparagraphs (a) through (c) shall apply to the originating goods provided for in the tariff items 100111.010, 100119.010, 100191.011, 100191.019, 100199.011, 100199.019, and 100860.210.

    (e) TRQ-JP2 shall be established outside the tariff rate quota in Japan’s Schedule to the WTO Agreement and shall be administered by the Ministry of Agriculture, Forestry and Fishery of Japan (“MAFF”), or its successor, as a State Trading Enterprise using a simultaneous buy-sell (“SBS”) mechanism.

    (f) For the purposes of TRQ-JP2, maximum import mark-up to set the minimum selling price means the maximum amount that MAFF, or its successor, may add to the amount paid for goods when it sets the minimum selling price at or above which MAFF, or its successor, shall not reject a bid in an SBS tender unless the tender amount in the SBS tender is fully subscribed through higher bids.

    (g) The difference between the amount paid by the purchaser in an SBS transaction for goods and the amount paid by MAFF, or its successor, for the goods shall be retained by MAFF, or its successor, as the import mark-up for the goods, which can be more than the maximum import mark-up to set the minimum selling price but shall not exceed the amount permitted for the goods under Japan’s Schedule to the WTO Agreement.

5. TRQ-JP3 Malt, Not Roasted

    (a)   The aggregate quota quantity of originating goods provided for in the tariff item set out in subparagraph (c) from the United States that shall be duty-free in a particular year is specified below:

    (b) The rate of customs duty on originating goods provided for in the tariff item set out in subparagraph (c) from the United States imported in excess of the aggregate quota quantity set out in subparagraph (a) shall be determined at the most-favored-nation rate of customs duty in effect at the time of import of those goods.

    (c) Subparagraphs (a) and (b) shall apply to the originating goods provided for in the tariff item 110710.029.

    (d) TRQ-JP3 shall be administered by Japan through a first-come, first-served import licensing procedure pursuant to which a certificate of tariff rate quota shall be issued by Japan.

6. TRQ-JP4 Malt, Roasted

    (a) The aggregate quota quantity of originating goods provided for in the tariff item set out in subparagraph (c) from the United States that shall be duty-free in a particular year is specified below:
    (b) The rate of customs duty on originating goods provided for in the tariff item set out in subparagraph (c) from the United States imported in excess of the aggregate quota quantity set out in subparagraph (a) shall be determined at the most-favored-nation rate of customs duty in effect at the time of import of those goods.

    (c) Subparagraphs (a) and (b) shall apply to the originating goods provided for in the tariff item 110720.020.

    (d) TRQ-JP4 shall be administered by Japan through a first-come, first-served import licensing procedure pursuant to which a certificate of tariff rate quota shall be issued by Japan.

7. TRQ-JP5 Processed Cheese

    (a) The aggregate quota quantity of originating goods provided for in the tariff item set out in subparagraph (c) from the United States and the in-quota rate of customs duty in a particular year are specified below:
    (b) The rate of customs duty on originating goods provided for in the tariff item set out in subparagraph (c) from the United States imported in excess of the aggregate quota quantity set out in subparagraph (a) shall be determined at the most-favored-nation rate of customs duty in effect at the time of import of those goods.

    (c) Subparagraphs (a) and (b) shall apply to the originating goods provided for in the tariff item 040630.000.



    (d) TRQ-JP5 shall be administered by Japan through a first-come, first-served import licensing procedure pursuant to which a certificate of tariff rate quota shall be issued by Japan.

8. TRQ-JP6 Whey

    (a) The in-quota rate of customs duty on originating goods provided for in the tariff items 040410.135, 040410.145, 040410.185, 040490.118, 040490.128, and 040490.138 from the United States shall be duty-free.  The in-quota rate of customs duty on originating goods provided for in the tariff items 040410.125 and 040410.165 from the United States shall be reduced as follows:
    (b) The in-quota rate of customs duty set out in subparagraph (a) shall be applied when:

      (i)   the aggregate volume of imports of the originating goods from the United States in any year does not exceed the aggregate quota quantity specified below:

      (ii)   the following condition is met:

        (A)   the ash content of the originating goods provided for in the tariff items 040410.125 and 040410.165 is more than or equal to 11 percent;

        (B)   the originating goods provided for in the tariff items 040410.145, 040410.185, 040490.118, 040490.128, and 040490.138 are whey and products consisting of natural milk constitutions, used for the manufacture of prepared milk powder for babies and infants; or

        (C)   the originating goods provided for in the tariff items 040410.135 and 040410.145 are whey permeate with protein content less than five percent.

    (c) (i) With regard to the tariff items 040410.125, 040410.135, 040410.145, 040410.165, and 040410.185, the rate of customs duty on originating goods from the United States imported in excess of the aggregate quota quantity set out in subparagraph (b) shall be determined in accordance with staging categories:

        (A)  JPB16** and JPB16*** for the originating goods containing a milk protein content of less than 25 percent, as set out in paragraphs 2(x) and 2(y) of Sub-Section 2, respectively;

        (B)  JPB21* and JPB21** for the originating goods containing a milk protein content equal to or greater than 25 percent but less than 45 percent, as set out in paragraphs 2(z) and 2(aa) of Sub-Section 2, respectively;
        (C)  JPB6**** and JPB6***** for the originating goods containing a milk protein content equal to or greater than 45 percent, as set out in paragraphs 2(f) and 2(g) of Sub-Section 2, respectively; and 

        (D)  EIF for the originating goods for manufacturing mixed feeds containing added coloring matter, as set out in paragraph 2(a) of Sub-Section 2. 

      (ii)  The rate of customs duty on originating goods provided for in the tariff items 040490.118, 040490.128, and 040490.138 from the United States imported in excess of the aggregate quota quantity set out in subparagraph (b) shall be at the most-favored-nation rate of customs duty in effect at the time of import of those goods.

    (d)  (i) Subparagraphs (a), (b), and (c)(i) shall apply to the originating goods provided for in the tariff items 040410.125, 040410.126, 040410.127, 040410.128, 040410.135, 040410.136, 040410.137, 040410.145, 040410.146, 040410.147, 040410.148, 040410.165, 040410.166, 040410.167, 040410.185, 040410.186, and 040410.187.

      (ii) Subparagraphs (a), (b), and (c)(ii) shall apply to the originating goods provided for in the tariff items 040490.118, 040490.128, and 040490.138.

    (e) TRQ-JP6 shall be administered by Japan through a first-come, first-served import licensing procedure pursuant to which a certificate of tariff rate quota shall be issued by Japan.

9.  TRQ-JP7 Glucose and Fructose

    (a) The aggregate quota quantity of originating goods provided for in the tariff items set out in subparagraph (d) from the United States in a particular year is specified below:
    (b) (i) The in-quota rate of customs duty on originating goods provided for in the tariff items set out in subparagraph (d)(i) from the United States shall be duty-free.

      (ii) The in-quota rate of customs duty other than the levy on originating goods provided for in the tariff items set out in subparagraph (d)(ii) from the United States shall be 21.5 yen per each kilogram of the sugar portion of those originating goods, on which Japan may charge a levy.  The rate of that levy shall be no greater than that of a levy applicable at the time of importation on originating goods provided for in the tariff item 170199.200.  The sugar portion of those originating goods provided for in the tariff items set out in subparagraph (d)(ii) from the United States shall be determined by the weight of sucrose (dry matter basis), contained in those originating goods.

    (c) The rate of customs duty on originating goods provided for in the tariff items set out in subparagraph (d) from the United States imported in excess of the aggregate quota quantity set out in subparagraph (a) shall be at the most-favored-nation rate of customs duty in effect at the time of import of those goods.

    (d)  (i) Subparagraphs (a), (b)(i), and (c) shall apply to the originating goods provided for in the tariff items 170230.221, 170230.229, 170240.220, 170260.220, and 170290.529.

      (ii) Subparagraphs (a), (b)(ii), and (c) shall apply to the originating goods provided for in the tariff items 170230.210, 170240.210, and 170260.210.



    (e) TRQ-JP7 shall be administered by Japan through a first-come, first-served import licensing procedure pursuant to which a certificate of tariff rate quota shall be issued by Japan.

10. TRQ-JP8 Corn and Potato Starch

    (a) The aggregate quota quantity of originating goods provided for in the tariff items set out in subparagraph (c) from the United States that shall be duty-free in a particular year, subject to levy of up to 25 percent if the originating goods are starch for manufacturing starch sugar, dextrin, dextrin glue, dissolve starch, roasted starch, or starch glue, and free from levy if the originating goods are starch for the other purposes than manufacturing starch sugar, dextrin, dextrin glue, dissolve starch, roasted starch, or starch glue, is specified below:

    (b) The rate of customs duty on originating goods provided for in the tariff items set out in subparagraph (c) from the United States imported in excess of the aggregate quota quantity set out in subparagraph (a) shall be determined at the most-favored-nation rate of customs duty in effect at the time of import of those goods.

    (c) Subparagraphs (a) and (b) shall apply to the originating goods provided for in the tariff items 110812.091, 110812.099, 110813.091, and 110813.099.

    (d) TRQ-JP8 shall be administered by Japan through a first-come, first-served import licensing procedure pursuant to which a certificate of tariff rate quota shall be issued by Japan.

11.   TRQ-JP9 Inulin

    (a) The aggregate quota quantity of originating goods provided for in the tariff item set out in subparagraph (c) from the United States that shall be duty-free in a particular year is specified below:

    (b) The rate of customs duty on originating goods provided for in the tariff item set out in subparagraph (c) from the United States imported in excess of the aggregate quota quantity set out in subparagraph (a) shall be determined at the most-favored-nation rate of customs duty in effect at the time of import of those goods.

    (c) Subparagraphs (a) and (b) shall apply to the originating goods provided for in the tariff item 110820.090.

    (d) TRQ-JP9 shall be administered by Japan through a first-come, first-served import licensing procedure pursuant to which a certificate of tariff rate quota shall be issued by Japan.

Sub-Section 4
Agricultural Safeguard Measures


1. This Sub-Section sets out: 

    (a)   the originating agricultural goods that may be subject to agricultural safeguard measures; 

    (b)   the trigger levels for applying such measures; and 

    (c)   the maximum rate of customs duty that may be applied in each year for each such good. 

2. Notwithstanding paragraph 1 of Article 5, Japan may apply a safeguard measure on specific originating agricultural goods as provided for in paragraphs 9 through 15.
3. If the conditions specified in this Sub-Section have been satisfied, Japan may, as an agricultural safeguard measure, increase the rate of customs duty on such an originating agricultural good to a level not to exceed the lesser of:

    (a)   the most-favored-nation applied rate of customs duty in effect at the time the agricultural safeguard measure is applied;

    (b)   the most-favored-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement; and 

    (c)   the rate of customs duty set out in this Sub-Section.

4. Japan shall implement any agricultural safeguard measure in a transparent manner.  Japan shall, within 60 days of the date of imposing the agricultural safeguard measure, notify the United States in writing and provide the United States with relevant data concerning the measure.  Japan shall, on the written request of the United States, respond to specific questions from, and provide information to, the United States, including by e-mail, teleconference, video-conference, or in-person, regarding application of the measure.

5.    The conditions for application of the agricultural safeguard measures provided in paragraphs 9(b), 10(a)(iii)(B) and 10(a)(iv)(B), 12(a), 13(a), and 14(b) may be modified after consultation between Japan and the United States.  The modified conditions shall be effective by written agreement between Japan and the United States.

6. For greater certainty, no agricultural safeguard measure may be applied or maintained on or after the date on which the rate of customs duty referred to in paragraph 3(c) is zero.

7. Where paragraph 4 of Sub-Section 1 applies, and if less than 12 months remain in the first year on the date of entry into force of this Agreement, during that year, Japan shall apply the trigger level established in the applicable provisions of this Sub-Section, multiplied by a fraction the numerator of which shall be the number of days between the date of entry into force of this Agreement and the following March 31, and the denominator of which shall be 365.  However, with regard to paragraph 14, “12 months” and “365” shall be deemed to read “4 months” and “121” respectively.  For the purposes of determining the applicable trigger level in accordance with the previous sentences, any fraction of less than 1.0 shall be rounded to the nearest whole number (in the case of 0.5, the fraction shall be rounded to 1.0).

8. For the purposes of this Sub-Section:

    (a)   “fiscal year” means the period from April 1 through the following March 31; and

    (b)   “quarter” means a period:

      (i) from April 1 through June 30;
      (ii) from July 1 through September 30;

      (iii) from October 1 through December 31; or

      (iv) from January 1 through March 31.

9. Agricultural Safeguard Measure for Beef

    (a) In accordance with paragraph 2, with respect to the originating agricultural goods provided for in the tariff items indicated with “SG1*” or “SG1**” in Column “Staging Category” in the Schedule of Japan, Japan may apply an agricultural safeguard measure on those originating agricultural goods only if the conditions set out in subparagraph (b) are met.

    (b)   Japan may apply an agricultural safeguard measure under subparagraph (a) only if the aggregate volume of imports of those originating agricultural goods from the United States for the year exceeds the trigger level set out as follows:

      (i)   the trigger level as provided in subparagraph (k) for Year 1;

      (ii)  242,000 metric tons for Year 2;

      (iii) beginning in Year 3 and running through Year 9, the trigger level for each year shall be 4,840 metric tons greater than the trigger level in the previous year;

      (iv)  beginning in Year 10 and running through Year 14, the trigger level for each year shall be 2,420 metric tons greater than the trigger level in the previous year; and

      (v)   beginning in Year 15 and continuing every year thereafter, the trigger level for each year shall be 4,840 metric tons greater than the trigger level in the previous year.

    (c)   Notwithstanding subparagraph (b), Japan and the United States shall consult, by the end of the first half of Year 4, and at any time upon request of either Party, with a view to modifying the conditions for application of the agricultural safeguard measure provided in this paragraph in Year 5 and thereafter.  As a result of the consultation, the modified conditions shall be effective by written agreement between Japan and the United States.

    (d) (i) For the originating agricultural goods provided for in the tariff items indicated with “SG1*”, the rate of customs duty referred to in paragraph 3(c) shall be:
        (A)   38.5 percent, for Year 1 and Year 2;

        (B)   30.0 percent, for Year 3 through Year 9;

        (C)   20.0 percent, for Year 10 through Year 13;

        (D)   18.0 percent, for Year 14; and

        (E)   beginning in Year 15 and continuing every year thereafter:

          (1)   one percentage point less than the rate of customs duty in the previous year, if Japan did not apply an agricultural safeguard measure under this paragraph in the previous year; or

          (2)   the same as the rate of customs duty in the previous year, if Japan applied an agricultural safeguard measure under this paragraph in the previous year.

      (ii) For the originating agricultural goods provided for in the tariff items indicated with “SG1**”, the rate of customs duty referred to in paragraph 3(c) shall be:

        (A) 38.5 percent, for Year 1 and Year 2;

        (B) 32.7 percent, for Year 3;

        (C) 30.6 percent, for Year 4;

        (D) 30.0 percent, for Year 5 through Year 9;

        (E) 20.0 percent, for Year 10 through Year 13;

        (F) 18.0 percent, for Year 14; and

        (G) beginning in Year 15 and continuing every year thereafter:

          (1)   one percentage point less than the rate of customs duty in the previous year, if Japan did not apply an agricultural safeguard measure under this paragraph in the previous year; or

          (2)   the same as the rate of customs duty in the previous year, if Japan applied an agricultural safeguard measure under this paragraph in the previous year.

      (iii) If the condition set out in subparagraph (b) is met in one year and as a result an agricultural safeguard measure is in effect during the following year pursuant to subparagraph (e)(ii) or (e)(iii), the rate of customs duty referred to in paragraph 3(c) for the purposes of that agricultural safeguard measure shall, for the duration of that agricultural safeguard measure, be at the level applicable for the year in which the condition set out in subparagraph (b) is met. 

    (e)   An agricultural safeguard measure referred to in subparagraphs (a) and (b) may be maintained:

      (i)   if the aggregate volume of imports exceeds the trigger level as provided in subparagraph (b) on or before January 31, until the end of the fiscal year in which the agricultural safeguard measure was applied; 

      (ii)  if the aggregate volume of imports exceeds the trigger level as provided in subparagraph (b) during the month of February, for 45 days beginning from the day of the application of the agricultural safeguard measure; and

      (iii) if the aggregate volume of imports exceeds the trigger level as provided in subparagraph (b) during the month of March, for 30 days beginning from the day of the application of the agricultural safeguard measure. 

     (f) (i) For the purposes of this paragraph, the period during which an agricultural safeguard measure may be maintained shall commence no later than the day following the fifth business day after the end of the publication period in which the aggregate volume of imports of the originating agricultural goods exceeded the trigger level set out in subparagraph (b).

      (ii) For the purposes of this paragraph, as an exceptional measure taken for the implementation of this paragraph, within five business days after the end of each publication period, the customs administration of Japan shall publish the aggregate volume of imports of the originating agricultural goods as provided in subparagraph (a) from the United States between:

        (A) the beginning of the fiscal year and the end of the publication period; and

        (B) for Year 10 through Year 14, the beginning of the quarter and the end of the publication period.
      (iii) For the purposes of this paragraph, “publication period” means:

        (A) the period from the first day of each month until the 10th day of that month;

        (B) the period from the 11th day of each month until the 20th day of that month; and

        (C) the period from the 21st day of each month until the final day of that month.

    (g) (i) Notwithstanding subparagraph (b), if, during any year from Year 10 through Year 14, the aggregate volume of imports of the originating agricultural goods provided for in the tariff items indicated with “SG1*” or “SG1**” in Column “Staging Category” of the Schedule of Japan from the United States in any quarter exceeds the quarterly safeguard trigger volume set out in subparagraph (ii), Japan may increase the rates of customs duties for such goods in accordance with paragraph 3 for a period of 90 days.  The 90-day period shall commence no later than the day following the fifth business day after the end of the publication period in which the aggregate volume of imports of such goods in the quarter exceeded the quarterly safeguard trigger volume.  The rate of customs duty referred to in paragraph 3(c) if the condition set out in this subparagraph (g) is met shall be:

        (A) 20.0 percent, if the condition is met during Year 10 through Year 13; and

        (B) 18.0 percent, if the condition is met in Year 14.

      (ii) For the purposes of this subparagraph (g), the quarterly safeguard trigger volume means 117 percent of one fourth of the trigger level set out in subparagraph (b)(iv) for the respective year.
      (iii) Notwithstanding subparagraph (b), if, during any year from Year 10 through Year 14, the aggregate volume of imports of the originating agricultural goods provided for in the tariff items indicated with “SG1*” or “SG1**” in Column “Staging Category” of the Schedule of Japan from the United States exceeds the trigger level set out in subparagraph (b)(iv) for the respective year, and at the same time the aggregate volume of imports of the originating agricultural goods provided for in those tariff items from the United States in the quarter exceeds the quarterly safeguard trigger volume set out in subparagraph (ii), Japan may maintain an agricultural safeguard measure under this paragraph until the later of the end of the 90-day period provided for in subparagraph (i) or the date provided for in subparagraph (e).

    (h)  If, during any four consecutive fiscal years after Year 14, Japan does not apply an agricultural safeguard measure under this paragraph, Japan shall not apply any further agricultural safeguard measures under this paragraph.

    (i) If the importation into Japan from the United States of the originating agricultural goods provided for in the tariff items indicated with “SG1*” or “SG1**” in Column “Staging Category” of the Schedule of Japan has been wholly or substantially suspended for more than three years due to sanitary concerns, Japan shall not apply an agricultural safeguard measure under this paragraph on such goods from the United States for four years after the whole or substantial lifting of the suspension.  If a natural disaster such as severe drought disrupts the recovery of production in the United States, the period in which Japan shall not apply an agricultural safeguard measure under this paragraph to such goods from the United States shall be five years.

    (j) Japan shall not apply the tariff emergency measures on beef referred to in Article 7-5 of the Temporary Customs Tariff Measures Law (Law No. 36 of 1960) to the originating agricultural goods provided for in the items indicated with “SG1*” in Column “Staging Category” of the Schedule of Japan.

    (k) The applicable trigger level for Year 1 for the purposes of subparagraph (b)(i) shall be determined by multiplying 242,000 metric tons by a fraction the numerator of which shall be the number of days between the date of entry into force of this Agreement and the following March 31 and the denominator of which shall be 365.  For the purposes of determining the applicable trigger level in accordance with the previous sentence, any fraction of less than 1.0 shall be rounded to the nearest whole number (in the case of 0.5, the fraction shall be rounded to 1.0).

10.  Agricultural Safeguard Measure for Pork

    (a) In accordance with paragraph 2, with respect to the originating agricultural goods provided for in the tariff items indicated with “SG2” in Column “Staging Category” in the Schedule of Japan (“SG2 goods”), Japan may apply an agricultural safeguard measure only if the following conditions are met: 

      (i) in Year 1, if the aggregate volume of imports of those SG2 goods from the United States exceeds the trigger level as provided in subparagraph (f); 

      (ii) in Year 2 and Year 3, if the aggregate volume of imports of SG2 goods from the United States for the respective year exceeds 116 percent of the largest annual aggregate volume of imports of SG2 goods from the United States during any of the preceding three fiscal years;

      (iii) in Year 4 and Year 5:

        (A) Japan may apply an agricultural safeguard measure under this paragraph on SG2 goods from the United States imported at a price equal to or greater than the threshold price for those SG2 goods, if the aggregate volume of imports of those SG2 goods from the United States for the respective year exceeds 116 percent of the largest annual aggregate volume of imports of those SG2 goods from the United States during any of the preceding three fiscal years; or

        (B) Japan may apply an agricultural safeguard measure under this paragraph on SG2 goods from the United States imported at a price less than the threshold price for those SG2 goods, if the aggregate volume of imports of those SG2 goods from the United States and corresponding imports of goods that can be classified in the tariff items indicated with “SG2” in Column “Staging Category” in the Schedule of Japan from the parties, that are also original signatories, of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on March 8, 2018 (“CPTPP”), qualifying as originating under the CPTPP in accordance with its provisions, for the respective year exceeds the trigger level set out as follows: 

          (1)  in Year 4: 90,000 metric tons; and

          (2)   in Year 5: 102,000 metric tons; and

      (iv) in Year 6 through Year 10: 
        (A) Japan may apply an agricultural safeguard measure under this paragraph on SG2 goods from the United States imported at a price equal to or greater than the threshold price for those SG2 goods, if the aggregate volume of imports of those SG2 goods from the United States for the respective year exceeds 119 percent of the largest annual aggregate volume of imports of those SG2 goods from the United States during any of the preceding three fiscal years; or

        (B) Japan may apply an agricultural safeguard measure under this paragraph on SG2 goods from the United States imported at a price less than the threshold price for those SG2 goods, if the aggregate volume of imports of those SG2 goods from the United States and corresponding imports of goods that can be classified in the tariff items indicated with “SG2” in Column “Staging Category” in the Schedule of Japan from the parties, that are also original signatories, of the CPTPP, qualifying as originating under the CPTPP in accordance with its provisions, for the respective year exceeds the trigger level set out as follows:

         (1)   in Year 6: 114,000 metric tons;

         (2)   in Year 7: 126,000 metric tons;

         (3)   in Year 8: 138,000 metric tons;

         (4)   in Year 9: 150,000 metric tons; and

         (5)   in Year 10: 150,000 metric tons,

where for the purposes of subparagraphs (iii) and (iv), threshold price means:

       (C) for the originating agricultural goods provided for in the tariff items 020312.023, 020312.024, 020312.025, 020319.023, 020319.024, 020319.025, 020322.023, 020322.024, 020322.025, 020329.023, 020329.024, 020329.025, 020630.093, 020630.094, 020630.095, 020649.093, 020649.094, or 020649.095: 399 yen per kilogram; and 

       (D) for the originating agricultural goods provided for in the tariff items 020311.020, 020311.031, 020311.032, 020321.020, 020321.031, or 020321.032: 299.25 yen per kilogram.

    (b) For SG2 goods, the rate of customs duty referred to in paragraph 3(c) shall be: 
      (i)   for SG2 goods provided for in the tariff items 020311.040, 020312.022, 020319.022, 020321.040, 020322.022, 020329.022, 020630.099, or 020649.099:

        (A) in Year 1 and Year 2: 4.0 percent;

        (B) in Year 3 through Year 5: 3.4 percent;

        (C) in Year 6 through Year 8: 2.8 percent; and 

        (D) in Year 9 and Year 10: 2.2 percent;

      (ii)  for SG2 goods provided for in the tariff items 020312.023, 020312.024, 020312.025, 020319.023, 020319.024, 020319.025, 020322.023, 020322.024, 020322.025, 020329.023, 020329.024, 020329.025, 020630.093, 020630.094, 020630.095, 020649.093, 020649.094, or 020649.095, the lesser of:

        (A) the difference between CIF import price per kilogram and the First Safeguard Standard Import Price; and

        (B) the first alternative rate, 
 
where for the purposes of this subparagraph (ii):

        (C) “First Safeguard Standard Import Price” means a price equal to 524 yen per kilogram multiplied by the sum of 100 percent and the rate of customs duty set out in subparagraph (i) for the respective year; and

        (D) “first alternative rate” means:

          (1) in Year 1 through Year 3: the rate of customs duty specified in the Schedule of Japan for the tariff items 020312.023, 020319.023, 020322.023, 020329.023, 020630.093, or 020649.093;

          (2) in Year 4 through Year 8: 100 yen per kilogram; and

          (3) in Year 9 and Year 10: 70 yen per kilogram; and

      (iii) for SG2 goods provided for in the tariff items 020311.020, 020311.031, 020311.032, 020321.020, 020321.031, or 020321.032, the lesser of:

        (A) the difference between the CIF import price per kilogram and the Second Safeguard Standard Import Price; and

        (B) the second alternative rate,

where for the purposes of this subparagraph (iii):

        (C) “Second Safeguard Standard Import Price” means a price equal to 393 yen per kilogram multiplied by the sum of 100 percent and the rate of customs duty set out in subparagraph (i) for the respective year; and

        (D) “second alternative rate” means:

          (1)   in Year 1 through Year 3: the rate of customs duty specified in the Schedule of Japan for the tariff items 020311.020 or 020321.020;

          (2)   in Year 4 through Year 8: 75 yen per kilogram; and

          (3)   in Year 9 and Year 10: 52.5 yen per kilogram.

    (c) Any agricultural safeguard measure applied under this paragraph may be maintained only until the end of the fiscal year in which the trigger level was exceeded. 
 
    (d) Japan shall not apply or maintain any agricultural safeguard measure under this paragraph after the end of Year 10.

    (e) Japan shall not apply the tariff emergency measures on pork referred to in paragraph 1 of Article 7-6 of the Temporary Customs Tariff Measures Law (Law No. 36 of 1960) to SG2 goods.

    (f)   The applicable trigger level for SG2 goods from the United States for Year 1 for the purposes of subparagraph (a)(i) shall be determined by multiplying 112 percent of the largest annual aggregate volume of imports of SG2 goods from the United States during any of the preceding three fiscal years by a fraction the numerator of which shall be the number of days between the date of entry into force of this Agreement and the following March 31 and the denominator of which shall be 365.  For the purposes of determining the applicable trigger level in accordance with the previous sentence, any fraction of less than 1.0 shall be rounded to the nearest whole number (in the case of 0.5, the fraction shall be rounded to 1.0). 

11.  Agricultural Safeguard Measure for Processed Pork

    (a) In accordance with paragraph 2, with respect to the originating agricultural goods provided for in the tariff items indicated with “SG3” in Column “Staging Category” in the Schedule of Japan (“SG3 goods”), Japan may apply an agricultural safeguard measure only if the following conditions are met: 

      (i) in Year 1, if the aggregate volume of imports of those SG3 goods from the United States exceeds the trigger level as provided in subparagraph (f);

(ii) in Year 2 through Year 5, if the aggregate volume of imports of SG3 goods from the United States for the respective year exceeds 118 percent of the largest annual aggregate volume of imports of SG3 goods from the United States during any of the preceding three fiscal years; and

      (iii) in Year 6 through Year 10, if the aggregate volume of imports of SG3 goods from the United States for the respective year exceeds 121 percent of the largest annual aggregate volume of imports of SG3 goods from the United States during any of the preceding three fiscal years.

    (b) (i) For SG3 goods, the rate of customs duty referred to in paragraph 3(c) shall be: 

        (A) for Year 1 through Year 3: 85 percent of the base rate;

        (B) for Year 4 through Year 8: 60 percent of the base rate; and

        (C) for Year 9 and Year 10: 45 percent of the base rate.

      (ii) For the purposes of this subparagraph (b), the base rate shall be composed of an ad valorem duty component and a specific duty component, each of which shall be reduced to the percentages identified in subparagraph (i) to determine the rate of customs duty referred to in paragraph 3(c).  The ad valorem duty component of the base rate shall be 8.5 percent, and the specific duty component shall be equal to 614.85 yen per kilogram minus 60 percent of the CIF import price per kilogram of the respective SG3 good.

    (c) Any agricultural safeguard measure applied under this paragraph may be maintained only until the end of the fiscal year in which the trigger level was exceeded.

    (d) Japan shall not apply any agricultural safeguard measure under this paragraph after the end of Year 10.

    (e) Japan shall not apply the tariff emergency measures on pork referred to in paragraph 1 of Article 7-6 of the Temporary Customs Tariff Measures Law (Law No. 36 of 1960) to SG3 goods.

    (f)   The applicable trigger level for SG3 goods from the United States for Year 1 for the purposes of subparagraph (a)(i) shall be determined by multiplying 115 percent of the largest annual aggregate volume of imports of SG3 goods from the United States during any of the preceding three fiscal years by a fraction the numerator of which shall be the number of days between the date of entry into force of this Agreement and the following March 31 and the denominator of which shall be 365.  For the purposes of determining the applicable trigger level in accordance with the previous sentence, any fraction of less than 1.0 shall be rounded to the nearest whole number (in the case of 0.5, the fraction shall be rounded to 1.0).

12.  Agricultural Safeguard Measure for WPC

    (a)   In accordance with paragraph 2, with respect to the originating agricultural goods provided for in the tariff items indicated with “SG4*” in Column “Staging Category” in the Schedule of Japan, Japan may apply an agricultural safeguard measure on those originating agricultural goods only if the following conditions are met:

      (i) in Year 1 through Year 4, if the aggregate volume of imports of those originating agricultural goods from the United States for the year exceeds the trigger level set out as follows:

        (A) the trigger level as provided in subparagraph (f) for Year 1;

        (B) 1,000 metric tons for Year 2;

        (C) 1,050 metric tons for Year 3; and

        (D) 1,100 metric tons for Year 4; and

      (ii) in Year 5 and thereafter, if the aggregate volume of imports of those originating agricultural goods from the United States and imports of goods that can be classified in the tariff items indicated with “SG4*” in Column “Staging Category” in the Schedule of Japan from the parties, that are also original signatories, of the CPTPP, qualifying as originating under the CPTPP in accordance with its provisions, for the year exceeds the trigger level set out as follows:

        (A) 5,889 metric tons for Year 5;

        (B) 6,167 metric tons for Year 6;
        (C) 6,444 metric tons for Year 7;

        (D) 6,722 metric tons for Year 8;

        (E) 7,000 metric tons for Year 9;

        (F) 7,750 metric tons for Year 10;

        (G) 8,500 metric tons for Year 11;

        (H) 9,250 metric tons for Year 12;

        (I) 10,250 metric tons for Year 13;

        (J) 11,250 metric tons for Year 14;

        (K) 12,250 metric tons for Year 15;

        (L) 13,250 metric tons for Year 16;

        (M) 14,250 metric tons for Year 17;

        (N) 15,250 metric tons for Year 18;

        (O) 16,250 metric tons for Year 19; and

        (P) beginning in Year 20 and continuing every year thereafter, the trigger level for each year shall be 1,250 metric tons greater than the trigger level in the previous year.

    (b)   For the originating agricultural goods provided for in the tariff items indicated with “SG4*”, the rate of customs duty referred to in paragraph 3(c) shall be:

      (i)   29.8 percent plus 120 yen per kilogram, for Year 1 through Year 4;

      (ii)  23.8 percent plus 105 yen per kilogram, for Year 5 through Year 9;

      (iii) 19.4 percent plus 90 yen per kilogram, for Year 10 through Year 14;

      (iv)  13.4 percent plus 75 yen per kilogram, for Year 15 through Year 19; and

      (v)   beginning in Year 20 and continuing every year thereafter:

        (A) 1.9 percent and 10.7 yen per kilogram lower than it was in the previous year, unless an agricultural safeguard measure was applied under this paragraph in the previous year; or

        (B) 1.0 percent and 5.0 yen per kilogram lower than it was in the previous year if an agricultural safeguard measure was applied under this paragraph in the previous year.

    (c)   Any agricultural safeguard measure applied under this paragraph may be maintained only until the end of the fiscal year in which the trigger level was exceeded.

    (d)   If, during any three consecutive fiscal years after Year 19, Japan does not apply an agricultural safeguard measure under this paragraph, Japan shall not apply any further agricultural safeguard measures under this paragraph.

    (e) (i)  Notwithstanding subparagraph (a), Japan shall not apply any agricultural safeguard measure under this paragraph if:

        (A) there is a domestic shortage of skimmed milk powder in Japan; or

        (B) there is no demonstrable reduction in domestic demand for skimmed milk powder in Japan.

      (ii)  If Japan applies an agricultural safeguard measure under this paragraph when the United States believes that either of the conditions set out in subparagraph (i) has been satisfied, the United States may:

        (A) ask Japan to provide an explanation of why Japan does not consider either of the conditions set out in subparagraph (i) to have been satisfied; and

        (B) request that Japan cease application of the agricultural safeguard measure for the remainder of the fiscal year.

    (f)   The applicable trigger level for Year 1 for the purposes of subparagraph (a)(i)(A) shall be determined by multiplying 1,000 metric tons by a fraction the numerator of which shall be the number of days between the date of entry into force of this Agreement and the following March 31 and the denominator of which shall be 365.  For the purposes of determining the applicable trigger level in accordance with the previous sentence, any fraction of less than 1.0 shall be rounded to the nearest whole number (in the case of 0.5, the fraction shall be rounded to 1.0). 

13.  Agricultural Safeguard Measure for Whey Powder

    (a) In accordance with paragraph 2, with respect to the originating agricultural goods provided for in the tariff items indicated with “SG4**” in Column “Staging Category” in the Schedule of Japan, Japan may apply an agricultural safeguard measure on those originating agricultural goods only if the following conditions are met:

      (i) in Year 1 through Year 4, if the aggregate volume of imports of those originating agricultural goods from the United States for the year exceeds the trigger level set out as follows:

        (A) the trigger level as provided in subparagraph (e) for Year 1;

        (B) 1,100 metric tons for Year 2;

        (C) 1,175 metric tons for Year 3; and

        (D) 1,250 metric tons for Year 4; and

      (ii) in Year 5 and thereafter, if the aggregate volume of imports of those originating agricultural goods from the United States and imports of goods that can be classified in the tariff items “SG4**” in Column “Staging Category” in the Schedule of Japan from the parties, that are also original signatories, of the CPTPP, qualifying as originating under the CPTPP in accordance with its provisions, for the year exceeds the trigger level set out as follows:

        (A) 6,667 metric tons for Year 5;

        (B) 7,000 metric tons for Year 6;

        (C) 7,333 metric tons for Year 7;

        (D) 7,667 metric tons for Year 8;

        (E) 8,000 metric tons for Year 9;

        (F) 8,500 metric tons for Year 10;

        (G) 9,000 metric tons for Year 11;

        (H) 9,750 metric tons for Year 12;

        (I) 10,500 metric tons for Year 13;

        (J) 11,250 metric tons for Year 14; and

        (K) beginning in Year 15 and continuing every year thereafter, the trigger level for each year shall be 1,000 metric tons greater than the trigger level in the previous year.

    (b) For the originating agricultural goods provided for in the tariff items indicated with “SG4**”, the rate of customs duty referred to in paragraph 3(c) shall be:

      (i)   for Year 1 through Year 4, 29.8 percent plus 75 yen per kilogram;

      (ii)  for Year 5 through Year 9, 23.8 percent plus 45 yen per kilogram;

      (iii) for Year 10 through Year 14, 13.4 percent plus 30 yen per kilogram; and

      (iv)  beginning in Year 15 and continuing every year thereafter:

        (A) 2.0 percent and 4.0 yen per kilogram lower than it was in the previous year, unless an agricultural safeguard measure was applied under this paragraph in the previous year; or

        (B) 1.0 percent and 2.0 yen per kilogram lower than it was in the previous year if an agricultural safeguard measure was applied under this paragraph in the previous year.

    (c) Any agricultural safeguard measure applied under this paragraph may be maintained only until the end of the fiscal year in which the trigger level was exceeded.

    (d) If, during any two consecutive fiscal years after Year 14, Japan does not apply an agricultural safeguard measure under this paragraph, Japan shall not apply any further agricultural safeguard measures under this paragraph.

    (e) The applicable trigger level for Year 1 for the purposes of subparagraph (a)(i)(A) shall be determined by multiplying 1,100 metric tons by a fraction the numerator of which shall be the number of days between the date of entry into force of this Agreement and the following March 31 and the denominator of which shall be 365.  For the purposes of determining the applicable trigger level in accordance with the previous sentence, any fraction of less than 1.0 shall be rounded to the nearest whole number (in the case of 0.5, the fraction shall be rounded to 1.0). 

14.  Agricultural Safeguard Measure for Fresh Oranges

    (a) In accordance with paragraph 2, with respect to the originating agricultural goods provided for in the tariff items indicated with “SG5” in Column “Staging Category” in the Schedule of Japan, Japan may apply an agricultural safeguard measure on those originating agricultural goods only if the conditions set out in subparagraph (b) are met.

    (b) Japan may apply an agricultural safeguard measure under subparagraph (a) only if the aggregate volume of imports of those originating agricultural goods from the United States between December 1 and March 31 for the fiscal year exceeds the trigger level set out as follows:

      (i)   the trigger level as provided in subparagraph (f) for Year 1;

      (ii)  37,050 metric tons for Year 2;

      (iii) 38,950 metric tons for Year 3;

      (iv)  40,850 metric tons for Year 4;

      (v)   42,750 metric tons for Year 5; and

      (vi) 44,650 metric tons for Year 6.

    (c) For the originating agricultural goods provided for in the tariff items indicated with “SG5”, the rate of customs duty referred to in paragraph 3(c) shall be:

      (i) for Year 1 through Year 3: 28 percent; and

      (ii) for Year 4 through Year 6: 20 percent.

    (d) Any agricultural safeguard measure applied under this paragraph may be maintained only until the end of the fiscal year in which the trigger level was exceeded.

    (e) Japan shall not apply any safeguard measure under this paragraph after the end of Year 6.

    (f) The applicable trigger level for Year 1 for the purposes of subparagraph (b)(i) shall be:

      (i) 35,150 metric tons, if this Agreement enters into force on or before December 1, 2019; or
      (ii) if this Agreement enters into force after December 1, 2019, determined by multiplying 35,150 metric tons by a fraction the numerator of which shall be the number of days between the date of entry into force of the Agreement and the following March 31 and the denominator of which shall be 121.  For the purposes of determining the applicable trigger level in accordance with the previous sentence, any fraction of less than 1.0 shall be rounded to the nearest whole number (in the case of 0.5, the fraction shall be rounded to 1.0).

15.  Agricultural Safeguard Measure for Race Horses

    (a) In accordance with paragraph 2, with respect to the originating agricultural goods provided for in the tariff items indicated with “SG6” in Column “Staging Category” in the Schedule of Japan, Japan may apply an agricultural safeguard measure on those originating agricultural goods only if the CIF import price per each of those originating agricultural goods, expressed in Japanese Yen, is less than 90 percent of the trigger price.  The trigger price shall be the price that has been agreed in accordance with subparagraph (d), or 8.5 million yen if there has been no specific agreement on the trigger price in accordance with subparagraph (d).

    (b) For the originating agricultural goods provided for in the tariff items indicated with “SG6”, the rate of customs duty referred to in paragraph 3(c) shall be the rate of customs duty determined for those originating agricultural goods in accordance with staging category B16 identified in the Schedule of Japan plus:

      (i)   if the difference between the CIF import price per each of the originating agricultural good and the trigger price is greater than 10 percent but less than or equal to 40 percent of the trigger price: 30 percent of the difference between the most-favored-nation applied rate of customs duty in effect at the time of importation and the rate of customs duty applied to the originating agricultural goods in accordance with the staging category B16 identified in the Schedule of Japan; 

      (ii)  if the difference between the CIF import price per each of the originating agricultural good and the trigger price is greater than 40 percent but less than or equal to 60 percent of the trigger price: 50 percent of the difference between the most-favored-nation applied rate of customs duty in effect at the time of importation and the rate of customs duty applied to the originating agricultural goods in accordance with the staging category B16 identified in the Schedule of Japan;  



      (iii) if the difference between the CIF import price per each of the originating agricultural good and the trigger price is greater than 60 percent but less than or equal to 75 percent of the trigger price: 70 percent of the difference between the most-favored-nation applied rate of customs duty in effect at the time of importation and the rate of customs duty applied to the originating agricultural goods in accordance with the staging category B16 identified in the Schedule of Japan; and

      (iv)  if the difference between the CIF import price per each of the originating agricultural good and the trigger price is greater than 75 percent of the trigger price: the difference between the most-favored-nation applied rate of customs duty in effect at the time of importation and the rate of customs duty applied to the originating agricultural goods in accordance with the staging category B16 identified in the Schedule of Japan. 

    (c) Japan shall not apply any agricultural safeguard measure under this paragraph after the end of Year 14.

    (d) On request of Japan or the United States, Japan and the United States shall consult on the operation of the agricultural safeguard measure set out in this paragraph and may mutually agree to periodically evaluate and update the trigger price.

Section C
Rules of Origin and Origin Procedures of Japan


Sub-Section 1
General Rules and Procedures


1. For the purposes of this Section: 

    (a) “fungible goods or materials” means goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical;

    (b) “Generally Accepted Accounting Principles” means those principles recognized by consensus or with substantial authoritative support in the territory of a Party with respect to the recording of revenues, expenses, costs, assets, and liabilities; the disclosure of information; and the preparation of financial statements.  These principles may encompass broad guidelines for general application, as well as detailed standards, practices, and procedures;

    (c) “good” means any merchandise, product, article, or material; 

    (d) “indirect material” means a material used in the production, testing, or inspection of a good but not physically incorporated into the good; or a material used in the maintenance of buildings or the operation of equipment, associated with the production of a good, including: 

      (i)  fuel, energy, catalysts, and solvents;
 
      (ii)  equipment, devices, and supplies, used to test or inspect the good; 

      (iii)  gloves, glasses, footwear, clothing, and safety equipment and supplies;
 
      (iv)  tools, dies, and molds; 

      (v)  spare parts and materials, used in the maintenance of equipment and buildings; 

      (vi) lubricants, greases, compounding materials, and other materials, used in production or used to operate equipment and buildings; and 

      (vii)  any other material that is not incorporated into the good but the use of which in the production of the good can reasonably be demonstrated to be a part of that production; 
    (e) “material” means a good that is used in the production of another good; 

    (f) “non-originating good” or “non-originating material” means a good or material that does not qualify as originating in accordance with this Section; 

    (g) “originating good” or “originating material” means a good or material that qualifies as originating in accordance with this Section; 

    (h) “packing materials and containers for shipment” means goods used to protect another good during its transportation, but does not include the packaging materials or containers in which a good is packaged for retail sale; 

    (i) “preferential tariff treatment” means the customs duty rate applicable to an originating good, pursuant to Section B;

    (j) “production” means operations including growing, cultivating, raising, mining, harvesting, fishing, trapping, hunting, capturing, collecting, breeding, extracting, gathering, manufacturing, processing, or assembling a good; 

    (k) “transaction value” means the price actually paid or payable for the good when sold for export or other value determined in accordance with the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, set out in Annex 1A to the WTO Agreement; and 

    (l) “value of the good” means the transaction value of the good excluding any costs incurred in the international shipment of the good. 

2. (a) Except as otherwise provided in this Section, Japan shall provide that a good is originating if it is: 

      (i)  wholly obtained or produced entirely in the territory of one or both Parties as established in subparagraph (b); 

      (ii) produced entirely in the territory of one or both Parties, exclusively from originating materials; or 

      (iii)  produced entirely in the territory of one or both Parties by one or more producers using non-originating materials provided the good satisfies all applicable requirements of Sub-Sections 2 and 3, 

and the good satisfies all other applicable requirements of this Section. 

    (b) Japan shall provide that for the purposes of subparagraph (a), a good is wholly obtained or produced entirely in the territory of one or both Parties if it is: 
      (i) a plant or plant good, grown, cultivated, harvested, picked, or gathered there; 

      (ii) a live animal, other than that falling under chapter 3, born and raised there; 

      (iii) a good obtained there from a live animal, other than that falling under chapter 3; 

      (iv) an animal, other than that falling under chapter 3, obtained by hunting, trapping, fishing, gathering, or capturing there;

      (v) a mineral or other naturally occurring substance, not included in subparagraphs (i) through (iv), extracted or taken from there; and 

      (vi)  a good produced there, exclusively from goods referred to in subparagraphs (i) through (v), or from their derivatives. 

3.  (a) Except as provided in subparagraph (c), Japan shall provide that a good that contains non-originating materials that do not satisfy the applicable change in tariff classification requirement specified in Sub-Sections 2 and 3 for the good is nonetheless an originating good if the value of all those materials does not exceed 10 percent of the value of the good and the good meets all the other applicable requirements of this Section. 

    (b) Subparagraph (a) applies only when using a non-originating material in the production of another good.

    (c) Subparagraph (a) does not apply to: 

        (i)  non-originating materials of headings 04.01 through 04.06, or non-originating dairy preparations containing over 10 percent by dry weight of milk solids of subheading 1901.90 or 2106.90, used in the production of a good of headings 04.01 through 04.06 other than a good of subheadings 0402.10 through 0402.29 or 0406.30 (for greater certainty, milk powder of subheadings 0402.10 through 0402.29, and processed cheese of subheading 0406.30, that are originating as a result of the application of the 10 percent de minimis allowance in subparagraph (a), shall be an originating material when used in the production of any good of headings 04.01 through 04.06 as referred to in this subparagraph or the goods listed in subparagraph (ii)); 

        (ii)  non-originating materials of headings 04.01 through 04.06, or non-originating dairy preparations containing over 10 percent by dry weight of milk solids of subheading 1901.90, used in the production of the following goods: 
          (A)  infant preparations containing over 10 percent by dry weight of milk solids of subheading 1901.10; 

          (B)  mixes and doughs, containing over 25 percent by dry weight of butterfat, not put up for retail sale of subheading 1901.20; 

          (C)  dairy preparations containing over 10 percent by dry weight of milk solids of subheading 1901.90 or 2106.90;
 
          (D)  goods of heading 21.05; 

          (E)  beverages containing milk of subheading 2202.91 or 2202.99; or 

          (F)  animal feeds containing over 10 percent by dry weight of milk solids of subheading 2309.90; 

      (iii)  non-originating materials of heading 08.05 or subheadings 2009.11 through 2009.39, used in the production of a good of subheadings 2009.11 through 2009.39 or a fruit or vegetable juice of any single fruit or vegetable, fortified with minerals or vitamins, concentrated or unconcentrated, of subheading 2106.90, 2202.91, or 2202.99;

      (iv)  non-originating materials of chapter 15, used in the production of a good of heading 15.07, 15.08, 15.12, or 15.14; or 

      (v)   non-originating peaches, pears, or apricots of chapter 8 or 20, used in the production of a good of heading 20.08.

4. Japan shall provide that a fungible good or material is treated as originating based on the:

    (a) physical segregation of each fungible good or material; or

    (b)  use of any inventory management method recognized in the Generally Accepted Accounting Principles if the fungible good or material is commingled, provided that the inventory management method selected is used throughout the fiscal year of the person that selected the inventory management method.

5.  (a) Japan shall provide that, in determining whether a good is wholly obtained, or satisfies a change in tariff classification requirement as set out in Sub-Sections 2 and 3, accessories, spare parts, tools, and instructional or other information materials, as described in subparagraph (c), are to be disregarded.

    (b) Japan shall provide that a good’s accessories, spare parts, tools, and instructional or other information materials, as described in subparagraph (c), have the originating status of the good with which they are delivered.

    (c) For the purposes of this paragraph, accessories, spare parts, tools, and instructional or other information materials are covered when:

      (i)  the accessories, spare parts, tools, and instructional or other information materials are classified and delivered with, but not invoiced separately from, the good; and

      (ii)  the types, quantities, and value of the accessories, spare parts, tools, and instructional or other information materials are customary for that good.

6.  (a) Japan shall provide that packaging materials and containers in which a good is packaged for retail sale, if classified with the good, are disregarded in determining whether a good is originating.

    (b) Japan shall provide that packing materials and containers for shipment are disregarded in determining whether a good is originating.

7. Japan shall provide that an indirect material is considered to be originating without regard to where it is produced.

8.  (a)  Japan shall provide that an originating good retains its originating status if the good has been transported to the importing Party without passing through the territory of a non-Party. 

    (b) Japan shall provide that if an originating good is transported through the territory of one or more non-Parties, the good retains its originating status provided that the good: 

      (i)  does not undergo any operation outside the territories of the Parties other than: unloading; reloading; separation from a bulk shipment; storing; labelling or marking required by the importing Party; or any other operation necessary to preserve it in good condition or to transport the good to the territory of the importing Party; and 

      (ii)  remains under the control of the customs administration in the territory of a non-Party.

9.  (a) Japan may require an importer who makes a claim for preferential tariff treatment under this Agreement to submit a declaration that the good qualifies as an originating good at the time of importation.
    (b) The requirements for a declaration referred to in subparagraph (a) are specified in the laws, regulations, or procedures of Japan and are published or otherwise made available in a manner as to enable interested persons to become acquainted with them. 
  
10. (a) Japan may request information from an importer who makes a claim for preferential tariff treatment under this Agreement for the purposes of verification of the claim.  Japan may accept such information provided directly from the exporter or producer.

    (b) Japan may deny a claim for preferential tariff treatment if:

      (i) it determines that the good does not qualify for preferential tariff treatment; 

      (ii) pursuant to subparagraph (a), it has not received sufficient information from the importer to determine that the good qualifies for preferential tariff treatment; or

      (iii) the importer fails to comply with the requirements of this Section.

Sub-Section 2
General Interpretative Notes for Product-Specific Rules of Origin


1. This Sub-Section and Sub-Section 3 shall apply to the goods which are classified in the following:

    (a)  chapters 1 through 2;

    (b)  chapters 4 through 15;

    (c)  headings 16.01 through 16.03;

    (d)  chapters 17 through 21;

    (e)  heading 22.02;

    (f)  heading 22.04;

    (g)  tariff item 220600.100;

    (h)  tariff item 220710.199;

    (i)  heading 22.09;

    (j)  chapter 23;

    (k)  subheadings 2905.43 through 2905.45;

    (l)  heading 33.01;

    (m)  headings 35.01 through 35.02;

    (n)  headings 35.04 through 35.05;

    (o) subheading 3809.10; and

    (p)  subheadings 3823.11 through 3823.70.

2. For the purposes of product-specific rules of origin set out in this Sub-Section and Sub-Section 3, the following abbreviations apply:

    (a)  “CC” means production from non-originating materials of any chapter, except that of the good, or a change to the chapter, heading, or subheading from any other chapter; this means that all non-originating materials used in the production of the good must undergo a change in tariff classification at the 2-digit level (i.e. a change in chapter) of the Harmonized System. 

    (b) “CTH” means production from non-originating materials of any heading, except that of the good, or a change to the chapter, heading, or subheading from any other heading; this means that all non-originating materials used in the production of the good must undergo a change in tariff classification at the 4-digit level (i.e. a change in heading) of the Harmonized System. 

    (c)  “CTSH” means production from non-originating materials of any subheading, except that of the good, or a change to the chapter, heading, or subheading from any other subheading; this means that all non-originating materials used in the production of the good must undergo a change in tariff classification at the 6-digit level (i.e. a change in subheading) of the Harmonized System.

3.  For the purposes of interpreting the product-specific rules of origin set out in this Sub-Section and Sub-Section 3:

    (a)  the requirement of a change in tariff classification shall apply only to non-originating materials;

    (b)  if a product-specific rule of origin excludes certain materials of the Harmonized System, it shall be construed to mean that the product-specific rule of origin requires that the excluded materials be originating for the good to be originating;
    (c)  if a good is subject to alternative product-specific rules of origin, the good shall be originating if it satisfies one of the alternatives;

    (d)  if a good is subject to a product-specific rule of origin that includes multiple requirements, the good shall be originating only if it satisfies all of the requirements; and

    (e)  if a single product-specific rule of origin applies to a group of headings or subheadings and that rule of origin specifies a change of heading or subheading, it shall be understood that the change in heading or subheading may occur from any other heading or subheading, as the case may be, including from any other heading or subheading within the group.

4. For the purposes of chapters 6 through 14, an agricultural or horticultural good grown in the territory of a Party is originating even if grown from seed, bulbs, rhizomes, rootstock, cuttings, slips, grafts, shoots, buds, or other live parts of plants that are imported from a non-Party.

5. For the purposes of heading 18.06, “cacao content” consists of ingredients that come from the cocoa bean, that is the total chocolate liquor or cocoa powder (cocoa solids) and cocoa butter.  The percent cacao content means the total percentage of such ingredients by weight of the good.

6. For the purposes of heading 18.06, “confectionery” is a good which is put up for retail sale and principally intended to be eaten without any further preparation.

Sub-Section 3
Product-Specific Rules of Origin


Each product-specific rule of origin of the goods which are classified in paragraphs 1(a) through 1(p) of Sub-Section 2 shall be CC, unless otherwise provided for in the table below.  With regard to the originating goods provided for in the tariff items indicated in Column 1 of the table below, the corresponding product-specific rules of origin set out in Column 2 of the table below shall apply.