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(iv) For 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)). For the purposes of the rules set forth in subdivision (n) of this note that apply to textile or apparel goods pursuant to Annex 4-A to the UAFTA, a good is considered to be “wholly” of a material if the good is made entirely of the material.
(e) De minimis.
(i) Except as provided in subdivision (e)(ii) below, a good (other than a textile or apparel good described in subdivision (d) above) that does not undergo a change in tariff classification pursuant to subdivision (n) of this note shall nonetheless be considered to be an originating good if–
(A) the value of all nonoriginating materials that are used in the production of the good, and do not undergo the applicable change in tariff classification, does not exceed 10 percent of the adjusted value of the good;
(B) the value of such nonoriginating materials is included in calculating the value of nonoriginating materials for any applicable regional value content requirement for the good; and
(C) the good meets all other applicable requirements of this note.
(ii) Subdivision (e)(i) does not apply to–
(A) a nonoriginating material provided for in chapter 4 or in subheading 1901.90 that is used in the production of a good provided for in chapter 4;
(B) a nonoriginating material provided for in chapter 4 or in subheading 1901.90 that is used in the production of a good provided for in subheading 1901.10, 1901.20 or 1901.90, heading 2105, or subheading 2106.90, 2202.90 or 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 subheading 2106.90 or 2202.90;
(D) a nonoriginating material provided for in chapter 15 that is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 or 1515;
(E) a nonoriginating material provided for in heading 1701 that is used in the production of a good provided for in any of headings 1701 through 1703;
(F) a nonoriginating material provided for in chapter 17 or heading 1805 that is used in the production of a good provided for in subheading 1806.10;
(G) a nonoriginating material provided for in any of headings 2203 through 2208 that is used in the production of a good provided for in headings 2207 or 2208; and
(H) a nonoriginating material used in the production of a good provided for in chapters 1 through 21, inclusive, unless the nonoriginating material is provided for in a different subheading than the good for which origin is being determined under this note.
(f) Accumulation.
(i) For purposes of this note, originating materials from the territory of Australia or of the United States that are used in the production of a good in the territory of the other country shall be considered to originate in the territory of such other country.
(ii) A good that is produced in the territory of Australia or of the United States, or both, by one or more producers, is an originating good if the good satisfies all of the applicable requirements of this note.
(g) Regional value content.
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(i) For purposes of subdivision (b)(ii)(B) of this note, the regional value content for a good, except for goods to which subdivision (iv) applies, shall be calculated by the importer, exporter or producer of the good on the basis of the build-down method or the build-up method described below, unless otherwise specified in this note:
(A) For the build-down method, the regional value content may be calculated on the basis of the formula RVC = (AV - VNM) X 100 / AV, where RVC is the regional value content, expressed as a percentage; AV is the adjusted value; and VNM is the value of nonoriginating materials that are acquired and used by the producer in the production of the good, but does not include the value of a material that is self-produced; or
(B) For the build-up method, the regional value content may be calculated on the basis of the formula RVC = (VOM x 100) / AV, where RVC is the regional value content, expressed as a percentage; AV is the adjusted value; and VOM is the value of originating materials that are acquired or self-produced, and used by the producer in the production of the good.
(ii) Value of materials.
(A) For purposes of calculating the regional value content of a good under this note and for purposes of applying the de minimis provisions of subdivision (e) of this note, the value of a material is:
(1) in the case of a material imported by the producer of the good, the adjusted value of the material;
(2) in the case of a material acquired in the territory in which the good is produced, 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, as set forth in regulations promulgated by the Secretary of the Treasury providing for the application of such Articles in the absence of an importation; or
(3) in the case of a material that is self-produced, the sum of--
(I) all expenses incurred in the production of the material, including general expenses; and
(II) an amount for profit equivalent to the profit added in the normal course of trade.
(B) The value of materials may be adjusted as follows:
(1) for originating materials, the following expenses, if not included under subdivision (g)(ii)(A) of this note, may be added to the value of the originating material:
(I) the costs of freight, insurance, packing and all other costs incurred in transporting the material within or between the territory of Australia, the United States or both, to the location of the producer;
(II) duties, taxes and customs brokerage fees on the material paid in the territory of Australia or of the United States, or both, other than duties and taxes that are waived, refunded, refundable or otherwise recoverable, including credit against duty or tax paid or payable; and
(III) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or by-products;
(2) for non-originating materials, if included in the value of a nonoriginating material calculated under subdivision (g)(ii)(A) of this note, the following expenses may be deducted from the value of the nonoriginating material:
(I) the costs of freight, insurance, packing and all other costs incurred in transporting the material within or between the territory of Australia, the United States or both, to the location of the producer;
(II) duties, taxes and customs brokerage fees on the material paid in the territory of Australia or of the United States, or both, other than duties and taxes that are waived, refunded, refundable or otherwise recoverable, including credit against duty or tax paid or payable;
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(III) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or by-products;
(IV) the cost of processing incurred in the territory of Australia or of the United States, or both, in the production of the nonoriginating material; and
(V) the cost of originating materials used in the production of the nonoriginating material in the territory of Australia or of the United States, or both
(C) Any cost or value referred to in this note shall be recorded and maintained in accordance with the generally accepted accounting principles applicable in the territory of the country in which the good is produced (whether Australia or the United States). Such principles comprise the recognized consensus or substantial authoritative support in the territory of Australia or of the United States, as the case may be, with respect to the recording of revenues, expenses, costs, assets and liabilities, the disclosure of information and the preparation of financial statements. These standards may encompass broad guidelines of general application as well as detailed standards, practices and procedures.
(D) For purposes of subdivision (g) of this note, the term “used” means used or consumed in the production of goods.
(iii) Special rule for certain automotive goods.
(A) For purposes of subdivision (b)(ii)(B) of this note, the regional value content of an automotive good shall be calculated by the importer, exporter or producer of the good on the basis of the following net cost method: RVC = (NC - VNM) X 100 / NC, where RVC is the regional value content of the automotive good, expressed as a percentage; NC is the net cost of the automotive good; and 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. For purposes of this subdivision, the term “automotive good” means a good provided for in any of the subheadings 8407.31 through 8407.34, subheading 8408.20, heading 8409 or any of headings 8701 through 8708, inclusive, of the tariff schedule.
(B) For purposes of determining the regional value content under this subdivision 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 subdivision (A) above, over the producer’s fiscal year--
(I) with respect to all motor vehicles in any one of the categories described in subdivision (C), below; or
(II) with respect to all motor vehicles in any such category that are exported to the territory of the United States or Australia.
(C) A category is described for purposes of subdivision (B)(I) above if it--
(I) is the same model of motor vehicles, is in the same class of vehicles, and is produced in the same plant in the territory of Australia or of the United States, as the good described in subdivision (B) 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 Australia or of the United States, as the good described in subdivision (B) for which regional value content is being calculated; or
(III) is the same model line of motor vehicles produced in either the territory of Australia or of the United States, as the good described in subdivision (B) for which regional value content is being calculated.
(D) For purposes of determining the regional value content under subdivision (A) above for automotive goods provided for in any of subheadings 8407.31 through 8407.34, in subheading 8408.20 or in heading 8409, 8705, 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 subdivision (A) above over--
(aa) the fiscal year of the motor vehicle producer to whom the automotive goods are sold,
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(bb) any quarter or month, or
(cc) its own fiscal year,
if the goods were produced during the fiscal year, quarter or month that is the basis for the calculation;
(II) determine the average referred to in subdivision (I) separately for such goods sold to one or more motor vehicle producers; or
(III) make a separate determination under subdivision (I) or (II) for automotive goods that are exported to the territory of the United States or of Australia.
(E) Consistent with the provisions regarding allocation of costs set out in generally accepted accounting principles, the net cost of the automotive good under subdivision (B) shall be calculated by--
(I) calculating the total cost incurred with respect to all goods produced by the producer of the automotive good, subtracting any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs and nonallowable interest costs that are included in the total cost of all such goods, and then reasonably allocating the resulting net cost of those goods to the automotive good;
(II) calculating the total cost incurred with respect to all goods produced by that producer, reasonably allocating the total cost to the automotive good, and then subtracting any sales promotion, marketing and after-sales services costs, royalties, shipping and packing costs and nonallowable interest costs that are included in the portion of the total cost allocated to the automotive good; or
(III) reasonably allocating each cost that forms part of the total cost incurred with respect to the automotive good so that the aggregate of these costs does not include any sales promotion, marketing and after-sales costs, royalties, shipping and packing costs or nonallowable interest costs.
(F) For purposes of this note, the term “class of motor vehicles” means any one of the following categories of motor vehicles:
(I) motor vehicles provided for in subheading 8701.20, 8704.10, 8704.22, 8704.23, 8704.32 or 8704.90, or heading 8705 or 8706, or motor vehicles for the transport of 16 or more persons provided for in subheading 8702.10 or 8702.90;
(II) motor vehicles provided for in subheading 8701.10 or any of subheadings 8701.30 through 8701.90, inclusive;
(III) motor vehicles for the transport of 15 or fewer persons provided for in subheading 8702.10 or 8702.90, or motor vehicles provided for in subheading 8704.21 or 8704.31; or
(IV) motor vehicles provided for in any of subheadings 8703.21 through 8703.90.
(G) For purposes of this note, the term “model line” means a group of motor vehicles having the same platform or model name.
(H) For purposes of this note, the term “nonallowable interest costs” means interest costs incurred by a producer that exceed 700 basis points above the applicable official interest rate for comparable maturities of the country (whether Australia or the United States).
(I) For purposes of this note, the term “reasonably allocating” means apportioning in a manner that would be appropriate under generally accepted accounting principles.
(J) For purposes of this note, the term “total cost” means all product costs, period costs and other costs for a good incurred in the territory of Australia or of the United States, or both.
(h) Accessories, spare parts or tools.
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(i) Subject to subdivision (h)(ii) below, accessories, spare parts or tools delivered with a good that form part of the good's standard accessories, spare parts or tools shall--
(A) be treated as originating goods if the good is an originating good; and
(B) be disregarded in determining whether all the nonoriginating materials used in the production of the good undergo the applicable change in tariff classification set out in subdivision (n) of this note.
(ii) Subdivision (i) above shall apply only if--
(A) the accessories, spare parts or tools are not invoiced separately from the good;
(B) the quantities and value of the accessories, spare parts or tools are customary for the good; and
(C) if the good is subject to a regional value content requirement, the value of the accessories, spare parts or tools is taken into account as originating or nonoriginating materials, as the case may be, in calculating the regional value content of the good.
(i) Fungible goods and materials.
(i) A person claiming that a fungible good or fungible material is an originating good may base the claim either on the physical segregation of the fungible good or fungible material or by using an inventory management method with respect to the fungible good or fungible material. For purposes of this subdivision, the term “inventory management method” means:
(A) averaging,
(B) “last-in, first-out,”
(C) “first-in, first out,” or
(D) any other method that is recognized in the generally accepted accounting principles of the country in which the production is performed (whether Australia or the United States) or otherwise accepted by that country.
The term “fungible good” or fungible material” means a good or material, as the case may be, that is interchangeable with another good or material for commercial purposes and the properties of which are essentially identical to such other good or material.
(ii) A person selecting an inventory management method under subdivision (i) above for a particular fungible good or fungible material shall continue to use that method for that fungible good or fungible material throughout the fiscal year of that person.
(j) Packaging materials and containers.
(i) Packaging materials and containers in which a good is packaged for retail sale, if classified with the good for which the tariff treatment under the terms of this note is claimed, shall be disregarded in determining whether all nonoriginating materials used in the production of the good undergo the applicable change in tariff classification set out in subdivision (n) of this note and, if the good is subject to a regional value content requirement, the value of such packaging materials and containers shall be taken into account as originating or nonoriginating materials, as the case may be, in calculating the regional value content of the good.
(ii) Packing materials and containers for shipment shall be disregarded in determining whether–
(A) the nonoriginating materials used in the production of the good undergo the applicable change in tariff classification set out in subdivision (n) of this note; and
(B) the good satisfies a regional value content requirement.
(k) Indirect materials.