Page:United States Statutes at Large Volume 121.djvu/1487

 121 STAT. 1466

PUBLIC LAW 110–138—DEC. 14, 2007

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(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), a good that does not undergo a change in tariff classification pursuant to Annex 4.1 of the Agreement is an originating good if— (A)(i) the value of all nonoriginating materials that— (I) are used in the production of the good, and (II) do not undergo the applicable change in tariff classification (set forth in Annex 4.1 of the Agreement), does not exceed 10 percent of the adjusted value of the good; (ii) the good meets all other applicable requirements of this section; and (iii) the value of such nonoriginating materials is included in the value of nonoriginating materials for any applicable regional value-content requirement for the good; or (B) the good meets the requirements set forth in paragraph 2 of Annex 4.6 of the Agreement. (2) EXCEPTIONS.—Paragraph (1) does not apply to the following: (A) A nonoriginating material provided for in chapter 4, or a nonoriginating dairy preparation containing over 10 percent by weight of milk solids provided for in subheading 1901.90 or 2106.90, that is used in the production of a good provided for in chapter 4. (B) A nonoriginating material provided for in chapter 4, or a nonoriginating dairy preparation containing over 10 percent by weight of milk solids provided for in subheading 1901.90, that is used in the production of any of the following goods: (i) Infant preparations containing over 10 percent by weight of milk solids provided for in subheading 1901.10. (ii) Mixes and doughs, containing over 25 percent by weight of butterfat, not put up for retail sale, provided for in subheading 1901.20. (iii) Dairy preparations containing over 10 percent by weight of milk solids provided for in subheading 1901.90 or 2106.90. (iv) Goods provided for in heading 2105. (v) Beverages containing milk provided for in subheading 2202.90. (vi) Animal feeds containing over 10 percent by weight of milk solids provided for in subheading 2309.90. (C) A nonoriginating material provided for in heading 0805, or any of subheadings 2009.11 through 2009.39, that is used in the production of a good provided for in any of subheadings 2009.11 through 2009.39, or in fruit or vegetable juice of any single fruit or vegetable, fortified with minerals or vitamins, concentrated or unconcentrated, provided for in subheading 2106.90 or 2202.90. (D) A nonoriginating material provided for in heading 0901 or 2101 that is used in the production of a good provided for in heading 0901 or 2101. (E) A nonoriginating material provided for in chapter 15 that is used in the production of a good provided for

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