Path: utzoo!mnetor!tmsoft!mason From: mason@tmsoft.uucp (Dave Mason) Newsgroups: can.general Subject: Re: What does it mean to be a Canadian? Message-ID: <1989Aug10.122150.5585@tmsoft.uucp> Date: 10 Aug 89 12:21:50 GMT References: <1989Aug7.192704.26849@tmsoft.uucp> <618593503.8039@myrias.com> <1989Aug9.023153.4191@tmsoft.uucp> <618720988.19101@myrias.com> Reply-To: mason@tmsoft.UUCP (Dave Mason) Followup-To: can.general Distribution: can Organization: TM Software Associates, Toronto Lines: 44 In article <618720988.19101@myrias.com> dbf@myrias.com (David Ferrier) writes: >In article <1989Aug9.023153.4191@tmsoft.uucp> mason@tmsoft.UUCP (I) wrote: >>Annex 301.2(4) (pp 22-23) reads: >>[....] Sorry, an important point (alluded to, but obfuscated by my worthy opponent in this debate) was missing from this: *Final assembly* *must* take place in the US/Canada. This final assembly must be sufficient to change the class of the goods. In other words, assembling stuffed printed circuit boards into a computer backplane would certainly qualify, but pressing and packaging a shirt would not. This in no way changes the claims made in the original article: $490 worth of U.S. parts, $500 worth of Mexican labour, $10 worth of U.S. labour doing final assembly makes for a U.S. made product that will be duty free coming into Canada under the FTA. >Nonsense. What this really means is clearly explained a few pages earlier, >in the explanatory notes accompanying the text of the Agreement: > > "The rules of interpretation in Annex 301 make clear that goods > that are further processed in a third country before being > shipped to their final destination would not qualify for area > treatment even if they meet the rule of origin. For example Note that explanatory notes are just that: notes added by Canadian trade people to help explain *their interpretation* of the legally binding agreement. An arbitrator (or U.S. judge) might not agree, although one would certainly hope they would. >If that's not clear enough, maybe the following excerpt from an >April 1988 Saturday Night book review of If You Love This Country >will help: > [...]...any product whose final > assembly does not occur in either the United States or > Canada will not be covered by the deal. Quoting from a book review as a definitive interpretation of a legally binding international agreement is laughable!!! >Again, how many times need it be said? Again, until *WE* get it right. ../Dave