Page:United States Statutes at Large Volume 119.djvu/3604

 119 STAT. 3586

PUBLIC LAW 109–169—JAN. 11, 2006 (i) from the territory of Bahrain into the territory of the United States; or (ii) from the territory of the United States into the territory of Bahrain; and (B)(i) the good is a good wholly the growth, product, or manufacture of Bahrain or the United States, or both; (ii) the good (other than a good to which clause (iii) applies) is a new or different article of commerce that has been grown, produced, or manufactured in Bahrain or the United States, or both, and meets the requirements of paragraph (2); or (iii)(I) the good is a good covered by Annex 3–A or 4–A of the Agreement; (II)(aa) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in such Annex as a result of production occurring entirely in the territory of Bahrain or the United States, or both; or (bb) the good otherwise satisfies the requirements specified in such Annex; and (III) the good satisfies all other applicable requirements of this section. (2) REQUIREMENTS.—A good described in paragraph (1)(B)(ii) is an originating good only if the sum of— (A) the value of each material produced in the territory of Bahrain or the United States, or both, and (B) the direct costs of processing operations performed in the territory of Bahrain or the United States, or both, is not less than 35 percent of the appraised value of the good at the time the good is entered into the territory of the United States. (c) CUMULATION.— (1) ORIGINATING GOOD OR MATERIAL INCORPORATED INTO GOODS OF OTHER COUNTRY.—An originating good, or a material produced in the territory of Bahrain or the United States, or both, that is incorporated into a good in the territory of the other country shall be considered to originate in the territory of the other country. (2) MULTIPLE PRODUCERS.—A good that is grown, produced, or manufactured in the territory of Bahrain or 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. (d) VALUE OF MATERIALS.— (1) IN GENERAL.—Except as provided in paragraph (2), the value of a material produced in the territory of Bahrain or the United States, or both, includes the following: (A) The price actually paid or payable for the material by the producer of the good. (B) The freight, insurance, packing, and all other costs incurred in transporting the material to the producer’s plant, if such costs are not included in the price referred to in subparagraph (A). (C) The cost of waste or spoilage resulting from the use of the material in the growth, production, or manufacture of the good, less the value of recoverable scrap.

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