Page:United States Statutes at Large Volume 119.djvu/488

 119 STAT. 470

PUBLIC LAW 109–53—AUG. 2, 2005 (i) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in Annex 4.1 of the Agreement; or (ii) the good otherwise satisfies any applicable regional value-content or other requirements specified in Annex 4.1 of the Agreement; and (B) satisfies all other applicable requirements of this section; or (3) the good is produced entirely in the territory of one or more of the CAFTA–DR countries, exclusively from materials described in paragraph (1) or (2). (c) REGIONAL VALUE-CONTENT.— (1) IN GENERAL.—For purposes of subsection (b)(2), the regional value-content of a good referred to in Annex 4.1 of the Agreement, except for goods to which paragraph (4) applies, shall be calculated by the importer, exporter, or producer 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 builddown method: RVC

AV

= ———— × 100 AV–VNM

(B) DEFINITIONS.—In subparagraph (A): (i) RVC.—The term ‘‘RVC’’ means the regional value-content of the good, expressed as a percentage. (ii) AV.—The term ‘‘AV’’ means the adjusted value of the good. (iii) VNM.—The term ‘‘VNM’’ means the value of nonoriginating materials that are acquired and used by the producer in the production of the good, but does not include the value of a material that is selfproduced. (3) BUILD-UP METHOD.— (A) IN GENERAL.—The regional value-content of a good may be calculated on the basis of the following buildup method: RVC

AV

= ———— × 100 VOM

(B) DEFINITIONS.—In subparagraph (A): (i) RVC.—The term ‘‘RVC’’ means the regional value-content of the good, expressed as a percentage. (ii) AV.—The term ‘‘AV’’ means the adjusted value of the good. (iii) VOM.—The term ‘‘VOM’’ means the value of originating materials that are acquired or self-produced, and used by the producer in the production of the good. (4) SPECIAL RULE FOR CERTAIN AUTOMOTIVE GOODS.—

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