Page:United States Statutes at Large Volume 120.djvu/1227

 120 STAT. 1196

PUBLIC LAW 109–283—SEPT. 26, 2006 (1) TARIFF CLASSIFICATION.—The basis for any tariff classification is the HTS. (2) REFERENCE TO HTS.—Whenever in this section there is a reference to a heading or subheading, such reference shall be a reference to a heading or subheading of the HTS. (b) ORIGINATING GOODS.— (1) IN GENERAL.—For purposes of this Act and for purposes of implementing the preferential tariff treatment provided for under the Agreement, a good is an originating good if— (A) the good is imported directly— (i) from the territory of Oman into the territory of the United States; or (ii) from the territory of the United States into the territory of Oman; and (B)(i) the good is a good wholly the growth, product, or manufacture of Oman or the United States, or both; (ii) the good (other than a good to which clause (iii) applies) is a new or different article of commerce that has been grown, produced, or manufactured in Oman or the United States, or both, and meets the requirements of paragraph (2); or (iii)(I) the good is a good covered by Annex 3–A or 4–A of the Agreement; (II)(aa) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in such Annex as a result of production occurring entirely in the territory of Oman or the United States, or both; or (bb) the good otherwise satisfies the requirements specified in such Annex; and (III) the good satisfies all other applicable requirements of this section. (2) REQUIREMENTS.—A good described in paragraph (1)(B)(ii) is an originating good only if the sum of— (A) the value of each material produced in the territory of Oman or the United States, or both, and (B) the direct costs of processing operations performed in the territory of Oman or the United States, or both, is not less than 35 percent of the appraised value of the good at the time the good is entered into the territory of the United States. (c) CUMULATION.— (1) ORIGINATING GOOD OR MATERIAL INCORPORATED INTO GOODS OF OTHER COUNTRY.—An originating good, or a material produced in the territory of Oman or the United States, or both, that is incorporated into a good in the territory of the other country shall be considered to originate in the territory of the other country. (2) MULTIPLE PRODUCERS.—A good that is grown, produced, or manufactured in the territory of Oman or the United States, or both, by 1 or more producers, is an originating good if the good satisfies the requirements of subsection (b) and all other applicable requirements of this section. (d) VALUE OF MATERIALS.— (1) IN GENERAL.—Except as provided in paragraph (2), the value of a material produced in the territory of Oman or the United States, or both, includes the following:

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