Page:United States Statutes at Large Volume 119.djvu/495

 PUBLIC LAW 109–53—AUG. 2, 2005

119 STAT. 477

(1) undergoes further production or any other operation outside the territories of the CAFTA–DR countries, other than unloading, reloading, or any other operation necessary to preserve the good in good condition or to transport the good to the territory of a CAFTA–DR country; or (2) does not remain under the control of customs authorities in the territory of a country other than a CAFTA–DR country. (m) GOODS CLASSIFIABLE AS GOODS PUT UP IN SETS.—Notwithstanding the rules set forth in Annex 4.1 of the Agreement, goods classifiable as goods put up in sets for retail sale as provided for in General Rule of Interpretation 3 of the HTS shall not be considered to be originating goods unless— (1) each of the goods in the set is an originating good; or (2) the total value of the nonoriginating goods in the set does not exceed— (A) in the case of textile or apparel goods, 10 percent of the adjusted value of the set; or (B) in the case of a good, other than a textile or apparel good, 15 percent of the adjusted value of the set. (n) DEFINITIONS.—In this section: (1) ADJUSTED VALUE.—The term ‘‘adjusted value’’ means 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, adjusted, if necessary, to exclude any costs, charges, or expenses incurred for transportation, insurance, and related services incident to the international shipment of the merchandise from the country of exportation to the place of importation. (2) CAFTA–DR COUNTRY.—The term ‘‘CAFTA–DR country’’ means— (A) the United States; and (B) Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, or Nicaragua, for such time as the Agreement is in force between the United States and that country. (3) CLASS OF MOTOR VEHICLES.—The term ‘‘class of motor vehicles’’ means any one of the following categories of motor vehicles: (A) Motor vehicles provided for in subheading 8701.20, 8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or heading 8705 or 8706, or motor vehicles for the transport of 16 or more persons provided for in subheading 8702.10 or 8702.90. (B) Motor vehicles provided for in subheading 8701.10 or any of subheadings 8701.30 through 8701.90. (C) Motor vehicles for the transport of 15 or fewer persons provided for in subheading 8702.10 or 8702.90, or motor vehicles provided for in subheading 8704.21 or 8704.31. (D) Motor vehicles provided for in any of subheadings 8703.21 through 8703.90. (4) FUNGIBLE GOOD OR FUNGIBLE MATERIAL.—The term ‘‘fungible good’’ or ‘‘fungible material’’ means a good or material, as the case may be, that is interchangeable with another good

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