5. For the purposes of determining whether a good is an originating good, the following materials shall be deemed to be originating materials:

• (a) accessories, spare parts or tools delivered with the good that form part of the good’s standard accessories, spare parts or tools, where the accessories, spare parts or tools are not invoiced separately from the good and the quantities and value of the accessories, spare parts or tools are customary for the good;

• (b) indirect materials used in the production of the good;

• (c) packaging materials and containers in which the good is packaged for retail sale, where the packaging materials and containers are classified with the good that is packaged within; and

• (d) packing materials and containers in which the good is packed for shipment.

6. A good is not an originating good merely by reason of

• (a) any work, process or practice in respect of which it may be demonstrated, on the basis of a preponderance of evidence, that the object was to circumvent these Regulations;

• (b) minor processing; or

• (c) a change in tariff classification that is the result of

  • (i) a change in the end use of the good, or

  • (ii) collecting parts so that the collection of parts is classified as if it were an assembled good under Rule 2(a) of the General Rules for the Interpretation of the Harmonized System.

7. An originating good that is exported from a CIFTA country shall maintain its originating status only if

• (a) the good is shipped from a CIFTA country to another CIFTA country without being shipped through another country;

• (b) the good is shipped through a country other than the United States or a CIFTA country and

  • (i) the good does not undergo further production or any other operation in the territory of the country through which the good is shipped, other than unloading, splitting up of loads, reloading or any other operation necessary to preserve it in good condition or to ship it to a CIFTA country, and

  • (ii) the good remains under customs control in any country through which the good is shipped to a CIFTA country;

• (c) except for a good listed in any of Chapters 50 through 63 of the List of Tariff Provisions, the good is shipped through the United States and

  • (i) the good does not undergo further production in the territory of the United States, other than minor processing, or

  • (ii) any processing that occurs in the territory of the United States with respect to that good does not increase the transaction value of the good by greater than 10%; or

• (d) the good is a good that is listed in any of Chapters 50 through 63 of the List of Tariff Provisions and that is shipped through the United States and

  • (i) the good does not undergo further production or any other operation in the territory of the United States, while in transit, other than unloading, splitting up of loads, reloading or any other operation necessary to preserve it in good condition or to ship it to a CIFTA country, and

  • (ii) the good remains under customs control in the United States while in transit to a CIFTA country.