Page:United States Statutes at Large Volume 118.djvu/960

 118 STAT. 930 PUBLIC LAW 108–286—AUG. 3, 2004 (F) A nonoriginating material provided for in chapter 17 of the HTS or heading 1805.00.00 that is used in the production of a good provided for in subheading 1806.10. (G) A nonoriginating material provided for in any of headings 2203 through 2208 that is used in the production of a good provided for in heading 2207 or 2208. (H) A nonoriginating material used in the production of a good provided for in any of chapters 1 through 21 of the HTS unless the nonoriginating material is provided for in a different subheading than the good for which origin is being determined under this section. (3) TEXTILE AND APPAREL GOODS.— (A) IN GENERAL.—Except as provided in subparagraph (B), a textile or apparel good that is not an originating good because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 4–A of the Agreement shall be considered to be an originating good if the total weight of all such fibers or yarns in that component is not more than 7 percent of the total weight of that component. (B) CERTAIN TEXTILE OR APPAREL GOODS.—A textile or apparel good containing elastomeric yarns in the compo nent of the good that determines the tariff classification of the good shall be considered to be an originating good only if such yarns are wholly formed in the territory of Australia or the United States. (C) YARN, FABRIC, OR FIBER.—For purposes of this para graph, in the case of a textile or apparel good that is a yarn, fabric, or group of fibers, the term ‘‘component of the good that determines the tariff classification of the good’’ means all of the fibers in the yarn, fabric, or group of fibers. (d) ACCUMULATION.— (1) ORIGINATING MATERIALS USED IN PRODUCTION OF GOODS OF OTHER COUNTRY.—Originating materials from the territory of Australia or the United States that are used in the production of a good in the territory of the other country shall be considered to originate in the territory of the other country. (2) MULTIPLE PROCEDURES.—A good that is produced in the territory of Australia, the United States, or both, by 1 or more producers, is an originating good if the good satisfies the requirements of subsection (b) and all other applicable requirements of this section. (e) REGIONAL VALUE CONTENT.— (1) IN GENERAL.—For purposes of subsection (b)(2), the regional value content of a good referred to in Annex 5–A of the Agreement, except for goods to which paragraph (4) applies, shall be calculated by the importer, exporter, or pro ducer of the good, on the basis of the build down method described in paragraph (2) or the build up method described in paragraph (3). (2) BUILD DOWN METHOD.— (A) IN GENERAL.—The regional value content of a good may be calculated on the basis of the following build down method:

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