Page:United States Statutes at Large Volume 117.djvu/943

 117 STAT. 924

PUBLIC LAW 108–77—SEPT. 3, 2003 (i) modifications to the provisions proclaimed under the authority of paragraph (1)(A) that are necessary to implement an agreement with Chile pursuant to article 3.20(5) of the Agreement; and (ii) before the 1st anniversary of the date of the enactment of this Act, modifications to correct any typographical, clerical, or other nonsubstantive technical error regarding the provisions of chapters 50 through 63 of the HTS, as included in Annex 4.1 of the Agreement.

19 USC 3805 note.

VerDate 11-MAY-2000

13:45 Aug 26, 2004

SEC. 203. DRAWBACK.

(a) DEFINITION OF A GOOD SUBJECT TO CHILE FTA DRAWBACK.— For purposes of this Act and the amendments made by subsection (b), the term ‘‘good subject to Chile FTA drawback’’ means any imported good other than the following: (1) A good entered under bond for transportation and exportation to Chile. (2)(A) A good exported to Chile in the same condition as when imported into the United States. (B) For purposes of subparagraph (A)— (i) processes such as testing, cleaning, repacking, inspecting, sorting, or marking a good, or preserving it in its same condition, shall not be considered to change the condition of the good; and (ii) if a good described in subparagraph (A) is commingled with fungible goods and exported in the same condition, the origin of the good for the purposes of subsection (j)(1) of section 313 of the Tariff Act of 1930 (19 U.S.C. 1313(j)(1)) may be determined on the basis of the inventory methods provided for in the regulations implementing this title. (3) A good— (A) that is— (i) deemed to be exported from the United States; (ii) used as a material in the production of another good that is deemed to be exported to Chile; or (iii) substituted for by a good of the same kind and quality that is used as a material in the production of another good that is deemed to be exported to Chile; and (B) that is delivered— (i) to a duty-free shop; (ii) for ship’s stores or supplies for a ship or aircraft; or (iii) for use in a project undertaken jointly by the United States and Chile and destined to become the property of the United States. (4) A good exported to Chile for which a refund of customs duties is granted by reason of— (A) the failure of the good to conform to sample or specification; or (B) the shipment of the good without the consent of the consignee. (5) A good that qualifies under the rules of origin set out in section 202 that is— (A) exported to Chile;

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