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    (B) A change to subheadings 9607.11 through 9607.19 from subheading 9607.20, provided that there is a region value content of not less than 35 percent based on the build-up method or 45 percent based on the build-down method.

6. A change to subheading 9607.20 from any other heading.

7. (A) A change to subheadings 9608.10 through 9608.50 from any other chapter; or

(B) A change to subheadings 9608.10 through 9608.50 from subheadings 9608.60 through 9608.99, provided that there is a regional value content of not less than 35 percent based on the build-up method or 45 percent based on the build-down method.

8. A change to subheading 9608.60 from any other heading.

9. A change to subheading 9608.91 from any other subheading.

10. A change to subheading 9608.99 from any other heading.

11. A change to heading 9609 from any other chapter.

12. A change to headings 9610 through 9611 from any other heading.

13. A change to subheading 9612.10 from any other chapter.

14. A change to subheading 9612.20 from any other heading.

15. (A) A change to subheadings 9613.10 through 9613.80 from any other chapter; or

(B) A change to subheadings 9613.10 through 9613.80 from subheading 9613.90, provided that there is a regional value content of not less than 35 percent based on the build-up method or 45 percent based on the build-down method.

16. A change to subheading 9613.90 from any other heading.

17. A change to heading 9614 from any other heading.

18. [Rule deleted.]

19. (A) A change to subheadings 9615.11 through 9615.19 from any other chapter; or

(B) A change to subheadings 9615.11 through 9615.19 from subheading 9615.90, provided that there is a regional value content of not less than 35 percent based on the build-up method or 45 percent based on the build-down method.

20. A change to subheading 9615.90 from any other heading.

21. A change to heading 9616 from any other heading.

22. A change to heading 9617 from any other chapter.

23. A change in heading 9618 from any other heading.

Chapter 97.

1. A change to subheadings 9701.10 through 9701.90 from any other subheading.

2. A change to headings 9702 through 9706 from any other heading.

29. Dominican Republic-Central America-United States Free Trade Agreement Implementation Act.
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 (a) Goods for which entry is claimed under the terms of the Dominican Republic-Central America-United States Free Trade Agreement are subject to duty as set forth herein. For the purposes of this note--

(i) originating goods or goods described in subdivision (a)(ii), subject to the provisions of subdivisions (b) through (n) of this note, that are imported into the customs territory of the United States and entered under a provision--

(A) in chapters 1 through 97 of the tariff schedule for which a rate of duty appears in the “Special” subcolumn of column 1 followed by the symbol “P” or “P+” in parentheses, or

(B) in chapter 98 or 99 of the tariff schedule where rate of duty or other treatment is specified,

are eligible for the tariff treatment and quantitative limitations set forth therein in accordance with sections 201 through 203, inclusive, of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (Pub. L. 109-53; 119 Stat. 462);

(ii) wherever a special rate of duty followed by the symbol “P+” in parentheses appears in the tariff schedule, or a provision specifies that such rate of duty or other treatment applies to certain agricultural goods, such duty rate or other treatment applies to goods that otherwise qualify as originating goods under the terms of this note but as to which any operations performed in, or any material obtained from, the United States shall be considered as if the operations were performed in, and the material was obtained from, a country that is not a party to the Agreement; and

(iii) except as provided in individual notes or tariff provisions, the terms “party to the Agreement” and “parties to the Agreement” refer to the following countries: Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua or the United States.

(b) For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good under the terms of this note if--

(i) the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the Agreement;

(ii) the good was produced entirely in the territory of one or more of the parties to the Agreement, and--

(A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; or

(B) the good otherwise satisfies any applicable regional value content or other requirements specified in subdivision (n) of this note;

and the good satisfies all other applicable requirements of this note; or

(iii) the good was produced entirely in the territory of one or more of the parties to the Agreement exclusively from originating materials.

(c) Definitions.

(i) For purposes of subdivision (b)(i) of this note, the expression “good wholly obtained or produced” means any of the following goods:

(A) plants and plant products harvested or gathered in the territory of one or more of the parties to the Agreement;

(B) live animals born and raised in the territory of one or more of the parties to the Agreement;

(C) goods obtained in the territory of one or more of the parties to the Agreement from live animals;

(D) goods obtained from hunting, trapping, fishing or aquaculture conducted in the territory of one or more of the parties to the Agreement;
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  (E) minerals and other natural resources not included in subdivisions (c)(A) through (c)(D) extracted or taken from the territory of one or more of the parties to the Agreement;

(F) fish, shellfish and other marine life taken from the sea, seabed or subsoil outside the territory of one or more of the parties to the Agreement by vessels registered or recorded with a party to the Agreement and flying its flag;

(G) goods produced on board factory ships from the goods referred to subdivision (c)(F), provided such factory ships are registered or recorded with that party to the Agreement and fly its flag;

(H) goods taken by a party to the Agreement or a person of a party to the Agreement from the seabed or subsoil outside territorial waters, provided that a party to the Agreement has rights to exploit such seabed or subsoil;

(I) goods taken from outer space, provided they are obtained by a party to the Agreement or a person of a party to the Agreement and not processed in the territory of a country that is not a party to the Agreement;

(J) waste and scrap derived from--

(1) manufacturing or processing operations in the territory of one or more of the parties to the Agreement; or

(2) used goods collected in the territory of one or more of the parties to the Agreement, provided such goods are fit only for the recovery of raw materials;

(K) recovered goods derived in the territory of one or more of the parties to the Agreement from used goods, and utilized in the territory of one or more of the parties to the Agreement in the production of remanufactured good; and

(L) goods produced in the territory of one or more of the parties to the Agreement exclusively from goods referred to in subdivisions (A) through (J) above, or from their derivatives, at any stage of production.

(ii) For the purposes of this note--

(A) the term “recovered goods” means materials in the form of individual parts that are the result of--

(i) the disassembly of used goods into individual parts; and

(ii) cleaning, inspecting, testing, or other processes as necessary for improvement to sound working condition.

(B) the term “remanufactured goods” means goods classified in chapter 84, 85 or 87 of the tariff schedule or heading 9026, 9031 or 9032, except goods classified in heading 8418 or 8516, that--

(i) are entirely or partially comprised of recovered goods; and

(ii) have a similar life expectancy and enjoy a factory warranty similar to such a new good.

(C) the term “material” means a good that is used in the production of another good, including a part or an ingredient;

(D) the term “material that is self-produced” means an originating material that is produced by a producer of a good and used in the production of that good;

(E) the terms “nonoriginating good” or “nonoriginating material” mean a good or a material, as the case may be, that does not qualify as originating under this note;

(F) the term “production” means growing, mining, harvesting, fishing, raising, trapping, hunting, manufacturing, processing, assembling or disassembling a good; and the term “producer” means a person who engages in the production of a good in the territory of a party to the Agreement;
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    (G) 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 other 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;

(H) the term “net cost” means total cost minus sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs that are included in the total cost.

(iii) A good that has undergone production necessary to qualify as an originating good under this note shall not be considered to be an originating good if, subsequent to that production, the good--

(A) undergoes further production or any other operation outside the territories of the parties to the Agreement, 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 party to the Agreement; or

(B) does not remain under the control of customs authorities in the territory of a country other than a party to the Agreement.

(iv) Accumulation.

(A) Originating materials from the territory of one or more of the parties to the Agreement that are used in the production of a good in the territory of another party to the Agreement shall be considered to originate in the territory of that other party to the Agreement.

(B) A good that is produced in the territory of one or more of the parties to the Agreement by one or more producers is an originating good if the good satisfies the requirements of this note.

(v) Goods classifiable as goods put up in sets.--Notwithstanding the rules set forth in subdivision (n) of this note, goods classifiable as goods put up in sets for retail sale as provided under general rule of interpretation 3 to the tariff schedule shall not be considered to be originating goods unless--

(A) each of the goods in the set is an originating good; or

(B) the total value of the nonoriginating goods in the set does not exceed--

(1) in the case of a textile or apparel good, 10 percent of the adjusted value of the set; or

(2) in the case of a good, other than a textile or apparel good, 15 percent of the adjusted value of the set.

(d) Textile and apparel goods.

(i) A textile or apparel good that is not an originating good under the terms of this note, because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in subdivision (n) of this note, shall be considered an originating good if--

(A) the total weight of all such fibers or yarns in that component is not more than ten percent of the total weight of that component; or

(B) such yarns are nylon filament yarns (other than elastomeric yarn) provided for in subheading 5402.11.30, 5402.11.60, 5402.19.30, 5402.19.60, 5402.31.30, 5402.31.60, 5402.32.30, 5402.32.60, 5402.45.10, 5402.45.90, 5402.51.00 or 5402.61.00 of the tariff schedule from a country that is a party to an agreement with the United States establishing a free trade area which entered into force before January 1, 1995.

Notwithstanding the preceding sentence, a textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good shall be considered to be an originating good only if such yarns are wholly formed in the territory of a party to the Agreement.

(ii) For the purposes of this subdivision--
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   (A) the term “elastomeric” does not include latex; and

(B) a yarn is wholly formed in the territory of a party to the Agreement if all of the production processes and finishing operations, starting with the extrusion of filaments, strips, film or sheet, and including slitting a film or sheet into strip, or the spinning of all fibers into yarn, or both, and ending with a finished yarn or plied yarn, took place in the territory of a party to the Agreement.

(iii) For the purposes of subdivision (d)(i) or (d)(ii) of this note, in the case of a good that is a yarn, fabric or fiber, the term “component of the good that determines the tariff classification of the good” means all of the fibers in the good.

(iv) For a textile or apparel good provided for in chapters 61 through 63 of the tariff schedule that is not an originating good and for which the duty treatment set forth in subheading 9822.05.10 is claimed, the rate of duty set forth in the general subcolumn of rate of duty column 1 shall apply only on the value of the assembled good minus the value of fabrics formed in the United States, components knit-to-shape in the United States and any other materials of U.S. origin used in the production of the good, provided that the good is sewn or otherwise assembled in the territory of a party to the Agreement (other than the United States) with thread wholly formed in the United States, from fabrics wholly formed in the United States and cut in one or more parties to the Agreement or from components knit-to-shape in the United States, or both. For purposes of this subdivision--

(1) a fabric is wholly formed in the United States if all the production processes and finishing operations, starting with the weaving, knitting, needling, tufting, felting, entangling or other process, and ending with a fabric ready for cutting or assembly without further processing, took place in the United States; and

(2) a thread is wholly formed in the United States if all the production processes, starting with the extrusion of filaments, strips, film or sheet, and including slitting a film or sheet into strip, or the spinning of all fibers into thread, or both, and ending with thread, took place in the United States.

(v) For the purposes of this note, the term “textile or apparel good” means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); but such term does not encompass the following goods that are listed in Annex 3.29 of the Agreement specified in subdivision (a) of this note: wadding, gauze, bandages and the like (subheading 3005.90); woven, knitted or nonwoven fabrics coated, covered or laminated with plastics (subheading 3921.12, 3921.13 or 3921.90); footwear with soles and uppers of wool felt (subheading 6405.20); footwear uppers of which 50 percent or more of the external surface is textile material (subheading 6406.10); leg warmers and gaiters of textile material (subheading 6406.99); hat forms, hat bodies and hoods of felt and plateaux and manchons of felt (heading 6501); hat shapes, plaited or made by assembling strips of any material (heading 6502); felt hats and other felt headgear (heading 6503); hats and other headgear, plaited or made by assembling strips of any material (heading 6504); hats and other headgear, knitted or made up from lace or other textile material (subheading 6505.90); safety seat belts for motor vehicles (subheading 8708.21); parachutes, parts thereof and accessories therefor (heading 8804); watch straps, bands and bracelets of textile materials (subheading 9113.90); garments for dolls (subheading 9502.91); and woven ribbons of manmade fibers, other than those measuring less than 30 mm in width and permanently put up in cartridges (subheading 9612.10).

(vi) With respect to a textile and apparel good as defined in subdivision (d)(v) of this note, the term “wholly” means that the good is entirely of the named material.

(vii) Notwithstanding other provisions of this note, for purposes of determining whether a good of chapter 62 of the tariff schedule is an originating good, materials used in the production of such a good that are produced in the territory of Canada or of Mexico and that would be originating under this note if produced in the territory of a party to the Agreement shall be considered as having been produced in the territory of a party to the Agreement, provided that the United States Trade Representative has determined in a notice published in the Federal Register that the requirements of Appendix 4.1-B of the Agreement specified in subdivision (a) of this note have been met with respect to Canada or Mexico, as the case may be, and has announced the effective date of U.S. note 21 to subchapter XXII of chapter 98 of the tariff schedule. Such goods shall be entered under subheading 9822.05.05 of the tariff schedule, subject to the terms of such U.S. note 21, on or after the effective date specified in such notice. [Compiler’s Note: effective with respect to materials from MX, 8/15/08; reference to subheading 9822.05.05 is obsolete and current provisions appear to be 9822.05.11 and 9822.05.13.]

(e) De minimis amounts of nonoriginating materials.

(i) Except as provided in subdivisions (d)(i), (e)(ii) and (m) below, a good that does not undergo a change in tariff classification pursuant to subdivision (n) of this note is an originating good if--