Page:United States Statutes at Large Volume 118.djvu/963

 118 STAT. 933 PUBLIC LAW 108–286—AUG. 3, 2004 good, subtracting any sales promotion, marketing and after sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the total cost of all such goods, and then reasonably allocating the resulting net cost of those goods to the automotive good; (ii) calculating the total cost incurred with respect to all goods produced by that producer, reasonably allocating the total cost to the automotive good, and then subtracting any sales promotion, marketing and after sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the portion of the total cost allocated to the automotive good; or (iii) reasonably allocating each cost that forms part of the total cost incurred with respect to the automotive good so that the aggregate of these costs does not include any sales promotion, marketing and after sales service costs, royalties, shipping and packing costs, or nonallowable interest costs. (f) VALUE OF MATERIALS.— (1) IN GENERAL.—For the purpose of calculating the regional value content of a good under subsection (e), and for purposes of applying the de minimis rules under subsection (c), the value of a material is— (A) in the case of a material that is imported by the producer of the good, the adjusted value of the material; (B) in the case of a material acquired in the territory in which the good is produced, the value, determined in accordance with Articles 1 through 8, article 15, and the corresponding interpretive notes of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 referred to in section 101(d)(8) of the Uruguay Round Agreements Act, as set forth in regulations promulgated by the Secretary of the Treasury providing for the application of such Articles in the absence of an importation; or (C) in the case of a material that is self produced, the sum of— (i) all expenses incurred in the production of the material, including general expenses; and (ii) an amount for profit equivalent to the profit added in the normal course of trade. (2) FURTHER ADJUSTMENTS TO THE VALUE OF MATERIALS.— (A) ORIGINATING MATERIAL.—The following expenses, if not included in the value of an originating material calculated under paragraph (1), may be added to the value of the originating material: (i) The costs of freight, insurance, packing, and all other costs incurred in transporting the material within or between the territory of Australia, the United States, or both, to the location of the producer. (ii) Duties, taxes, and customs brokerage fees on the material paid in the territory of Australia, the United States, or both, other than duties or taxes that are waived, refunded, refundable, or otherwise

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