Page:United States Statutes at Large Volume 119.djvu/498

 119 STAT. 480

PUBLIC LAW 109–53—AUG. 2, 2005 (15) PACKING MATERIALS AND CONTAINERS FOR SHIPMENT.— The term ‘‘packing materials and containers for shipment’’ means the goods used to protect a good during its transportation and does not include the packaging materials and containers in which a good is packaged for retail sale. (16) PREFERENTIAL TARIFF TREATMENT.—The term ‘‘preferential tariff treatment’’ means the customs duty rate, and the treatment under article 3.10.4 of the Agreement, that are applicable to an originating good pursuant to the Agreement. (17) PRODUCER.—The term ‘‘producer’’ means a person who engages in the production of a good in the territory of a CAFTA– DR country. (18) PRODUCTION.—The term ‘‘production’’ means growing, mining, harvesting, fishing, raising, trapping, hunting, manufacturing, processing, assembling, or disassembling a good. (19) REASONABLY ALLOCATE.—The term ‘‘reasonably allocate’’ means to apportion in a manner that would be appropriate under generally accepted accounting principles. (20) RECOVERED GOODS.—The term ‘‘recovered goods’’ means materials in the form of individual parts that are the result of— (A) the disassembly of used goods into individual parts; and (B) the cleaning, inspecting, testing, or other processing that is necessary for improvement to sound working condition of such individual parts. (21) REMANUFACTURED GOOD.—The term ‘‘remanufactured good’’ means a good that is classified under chapter 84, 85, or 87, or heading 9026, 9031, or 9032, other than a good classified under heading 8418 or 8516, and that— (A) is entirely or partially comprised of recovered goods; and (B) has a similar life expectancy and enjoys a factory warranty similar to such a new good. (22) TOTAL COST.—The term ‘‘total cost’’ means all product costs, period costs, and other costs for a good incurred in the territory of one or more of the CAFTA–DR countries. (23) USED.—The term ‘‘used’’ means used or consumed in the production of goods. (o) PRESIDENTIAL PROCLAMATION AUTHORITY.— (1) IN GENERAL.—The President is authorized to proclaim, as part of the HTS— (A) the provisions set out in Annex 4.1 of the Agreement; and (B) any additional subordinate category necessary to carry out this title consistent with the Agreement. (2) FABRICS AND YARNS NOT AVAILABLE IN COMMERCIAL QUANTITIES IN THE UNITED STATES.—The President is authorized to proclaim that a fabric or yarn is added to the list in Annex 3.25 of the Agreement in an unrestricted quantity, as provided in article 3.25.4(e) of the Agreement. (3) MODIFICATIONS.— (A) IN GENERAL.—Subject to the consultation and layover provisions of section 104, the President may proclaim modifications to the provisions proclaimed under the

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