Page:United States Statutes at Large Volume 121.djvu/1484

 PUBLIC LAW 110–138—DEC. 14, 2007 RVC

121 STAT. 1463

NC–VNM

= ———— × 100 NC

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(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 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 one 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 the United States or Peru. (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 motor vehicles, and is produced in the same plant in the territory of Peru or the United States, 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 Peru or the United States, 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 Peru or the United States 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 materials provided for in any of subheadings 8407.31 through 8407.34, in subheading 8408.20, or in heading 8409, 8706, 8707, or 8708, that are produced in the same plant, an importer, exporter, or producer may— (i) average the amounts calculated under the formula contained in subparagraph (A) over— (I) the fiscal year of the motor vehicle producer to whom the automotive goods are sold,

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