Page:United States Statutes at Large Volume 117.djvu/972

 PUBLIC LAW 108–78—SEPT. 3, 2003

117 STAT. 953

the Agreement, except as otherwise provided in this section, a good is an originating good if— (1) the good is wholly obtained or produced entirely in the territory of Singapore, the United States, or both; (2) each nonoriginating material used in the production of the good— (A) undergoes an applicable change in tariff classification set out in Annex 3A of the Agreement as a result of production occurring entirely in the territory of Singapore, the United States, or both; or (B) if no change in tariff classification is required, the good otherwise satisfies the applicable requirements of such Annex; or (3) the good itself, as imported, is listed in Annex 3B of the Agreement and is imported into the territory of the United States from the territory of Singapore. (b) DE MINIMIS AMOUNTS OF NONORIGINATING MATERIALS.— (1) IN GENERAL.—Except as provided for in paragraphs (2) and (3), a good shall be considered to be an originating good if— (A) the value of all nonoriginating materials used in the production of the good that do not undergo the required change in tariff classification under Annex 3A of the Agreement does not exceed 10 percent of the adjusted value of the good; (B) if the good is subject to a regional value-content requirement, the value of such nonoriginating materials is taken into account in calculating the regional valuecontent of the good; and (C) the good satisfies all other applicable requirements of this section. (2) EXCEPTIONS.—Paragraph (1) does not apply to the following: (A) A nonoriginating material provided for in chapter 4 of the HTS or in subheading 1901.90 of the HTS that is used in the production of a good provided for in chapter 4 of the HTS. (B) A nonoriginating material provided for in chapter 4 of the HTS or in subheading 1901.90 of the HTS that is used in the production of a good provided for in heading 2105 or in any of subheadings 1901.10, 1901.20, 1901.90, 2106.90, 2202.90, and 2309.90 of the HTS. (C) A nonoriginating material provided for in heading 0805, or any of subheadings 2009.11.00 through 2009.39, of the HTS, that is used in the production of a good provided for in any of subheadings 2009.11.00 through 2009.39 or in subheading 2106.90 or 2202.90 of the HTS. (D) A nonoriginating material provided for in chapter 15 of the HTS that is used in the production of a good provided for in any of headings 1501.00.00 through 1508, 1512, 1514, and 1515 of the HTS. (E) A nonoriginating material provided for in heading 1701 of the HTS that is used in the production of a good provided for in any of headings 1701 through 1703 of the HTS. (F) A nonoriginating material provided for in chapter 17 of the HTS or heading 1805.00.00 of the HTS that

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