Page:United States Statutes at Large Volume 119.djvu/494

 119 STAT. 476

Applicability.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

PUBLIC LAW 109–53—AUG. 2, 2005

(B) INVENTORY MANAGEMENT METHOD.—In this subsection, the term ‘‘inventory management method’’ means— (i) averaging; (ii) ‘‘last-in, first-out’’; (iii) ‘‘first-in, first-out’’; or (iv) any other method— (I) recognized in the generally accepted accounting principles of the CAFTA–DR country in which the production is performed; or (II) otherwise accepted by that country. (2) ELECTION OF INVENTORY METHOD.—A person selecting an inventory management method under paragraph (1) for a particular fungible good or fungible material shall continue to use that method for that fungible good or fungible material throughout the fiscal year of that person. (h) ACCESSORIES, SPARE PARTS, OR TOOLS.— (1) IN GENERAL.—Subject to paragraphs (2) and (3), accessories, spare parts, or tools delivered with a good that form part of the good’s standard accessories, spare parts, or tools shall— (A) be treated as originating goods if the good is an originating good; and (B) be disregarded in determining whether all the nonoriginating materials used in the production of the good undergo the applicable change in tariff classification set out in Annex 4.1 of the Agreement. (2) CONDITIONS.—Paragraph (1) shall apply only if— (A) the accessories, spare parts, or tools are classified with and not invoiced separately from the good, regardless of whether they appear specified or separately identified in the invoice for the good; and (B) the quantities and value of the accessories, spare parts, or tools are customary for the good. (3) REGIONAL VALUE-CONTENT.—If the good is subject to a regional value-content requirement, the value of the accessories, spare parts, or tools shall be taken into account as originating or nonoriginating materials, as the case may be, in calculating the regional value-content of the good. (i) PACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE.— Packaging materials and containers in which a good is packaged for retail sale, if classified with the good, shall be disregarded in determining whether all the nonoriginating materials used in the production of the good undergo the applicable change in tariff classification set out in Annex 4.1 of the Agreement, and, if the good is subject to a regional value-content requirement, the value of such packaging materials and containers shall be taken into account as originating or nonoriginating materials, as the case may be, in calculating the regional value-content of the good. (j) PACKING MATERIALS AND CONTAINERS FOR SHIPMENT.— Packing materials and containers for shipment shall be disregarded in determining whether a good is an originating good. (k) INDIRECT MATERIALS.—An indirect material shall be treated as an originating material without regard to where it is produced. (l) TRANSIT AND TRANSHIPMENT.—A good that has undergone production necessary to qualify as an originating good under subsection (b) shall not be considered to be an originating good if, subsequent to that production, the good—

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