Page:United States Statutes at Large Volume 119.djvu/489

 PUBLIC LAW 109–53—AUG. 2, 2005

119 STAT. 471

(A) IN GENERAL.—For purposes of subsection (b)(2), the regional value-content of an automotive good referred to in Annex 4.1 of the Agreement may be calculated by the importer, exporter, or producer of the good, on the basis of the following net cost method: NC

RVC

= ———— × 100 NC–VNM

(B) DEFINITIONS.—In subparagraph (A): (i) AUTOMOTIVE GOOD.—The term ‘‘automotive good’’ means a good provided for in any of subheadings 8407.31 through 8407.34, subheading 8408.20, heading 8409, or in any of headings 8701 through 8708. (ii) RVC.—The term ‘‘RVC’’ means the regional value-content of the automotive good, expressed as a percentage. (iii) NC.—The term ‘‘NC’’ means the net cost of the automotive good. (iv) VNM.—The term ‘‘VNM’’ means the value of nonoriginating materials that are acquired and used by the producer in the production of the automotive good, but does not include the value of a material that is self-produced. (C) MOTOR VEHICLES.— (i) BASIS OF CALCULATION.—For purposes of determining the regional value-content under subparagraph (A) for an automotive good that is a motor vehicle provided for in any of headings 8701 through 8705, an importer, exporter, or producer may average the amounts calculated under the formula contained in subparagraph (A), over the producer’s fiscal year— (I) with respect to all motor vehicles in any 1 of the categories described in clause (ii); or (II) with respect to all motor vehicles in any such category that are exported to the territory of one or more of the CAFTA–DR countries. (ii) CATEGORIES.—A category is described in this clause if it— (I) is the same model line of motor vehicles, is in the same class of vehicles, and is produced in the same plant in the territory of a CAFTA– DR country, as the good described in clause (i) for which regional value-content is being calculated; (II) is the same class of motor vehicles, and is produced in the same plant in the territory of a CAFTA–DR country, as the good described in clause (i) for which regional value-content is being calculated; or (III) is the same model line of motor vehicles produced in the territory of a CAFTA–DR country as the good described in clause (i) for which regional value-content is being calculated. (D) OTHER AUTOMOTIVE GOODS.—For purposes of determining the regional value-content under subparagraph (A) for automotive goods provided for in any of subheadings

VerDate 14-DEC-2004

08:19 Oct 26, 2006

Jkt 039194

PO 00001

Frm 00469

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL001.119

APPS06

PsN: PUBL001

�