CUSMA Rules of Origin Regulations — 1
promotion, marketing and after-sales service costs – the costs expensed on the books of a producer, whether or not an actual payment is made. ( paiements ) person means a natural person or an enterprise. ( personne ) person of a CUSMA country means a national or an enterprise constituted or organized under the laws of a CUSMA country. ( personne d’un pays ACEUM ) point of direct shipment means the location from which a producer of a good normally ships that good to the buyer of the good. ( point d’expédition directe ) producer means a person who engages in the production of a good. ( producteur ) production means growing, cultivating, raising, mining, harvesting, fishing, trapping, hunting, capturing, breeding, extracting, manufacturing, processing or assembling a good, or aquaculture. ( production ) reasonably allocate means to apportion in a manner appropriate to the circumstances. ( attribuer de façon raisonnable ) recovered material means a material in the form of one or more individual parts that results from (a) the disassembly of a used good into individual parts; and (b) the cleaning, inspecting, testing or other processing of those parts as necessary for improvement to sound working condition. ( matière récupérée ) related person means a person related to another person on the basis that (a) they are officers or directors of one another’s businesses; (b) they are legally recognized partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 25% or more of the outstanding voting stock or shares of each of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; or (g) they are members of the same family, meaning they are connected as determined under paragraph 45(3)(a) of the Customs Act . ( personne liée ) remanufactured good means a good that is classified in Chapters 84 through 90 or under heading 94.02, except for any good classified under heading 84.18, 85.09, 85.10, 85.16 or 87.03 or subheading 8414.51, 8450.11, 8450.12, 8508.11 or 8517.11 and that is entirely or partially composed of recovered materials and (a) has a similar life expectancy and performs the same as or similar to such a good when new; and (b) has a factory warranty similar to that applicable to such a good when new. ( produit remanufacturé ) reusable scrap or by-product means waste or spoilage that is generated by the producer of a good and that is used in the production of a good or sold by that producer. ( déchets récupérables ou sous-produits ) right to use , for the purposes of the definition royalties , includes the right to sell or distribute a good. ( droit d’utiliser ) royalties means payments of any kind, including payments under technical assistance or similar agreements, made as consideration for the use of, or right to use, a copyright, literary, artistic, or scientific work, patent, trademark, design, model, plan, or secret formula or process, excluding those payments under technical assistance or similar agreements that can be related to specific services such as (a) personnel training, without regard to where the training is performed; or (b) if performed in the territory of one or more of the CUSMA countries, engineering, tooling, die-setting, software design and similar computer services, or other services. ( redevances ) sales promotion, marketing and after-sales service costs means the following costs related to sales promotion, marketing and after-sales service: (a) sales and marketing promotion, media advertising, advertising and market research, promotional and demonstration materials, exhibits, sales conferences, trade shows and conventions, banners, marketing displays, free samples, sales, marketing and after-sales service literature (product brochures, catalogues, technical literature, price lists, service manuals, or sales aid information), establishment and protection of logos and