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(A) For purposes of subdivision (b)(ii)(B) of this note, the regional value content of an automotive good referred to in subdivision (n) of this note may be calculated by the importer, exporter or producer of the good on the basis of the following net cost method:
RVC = ((NC - VNM)/NC) X 100
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 subheadings 8407.31 through 8407.34, subheading 8408.20, heading 8409 or in 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--
(1) with respect to all motor vehicles in any one of the categories described in subdivision (C), below; or
(2) with respect to all motor vehicles in any such category that are exported to the territory of Peru or the United States.
(C) A category is described for purposes of subdivision (B)(1) above if it--
(1) is the same model line of motor vehicles, is in the same class of vehicles and is produced in the same plant in the territory of Peru or the United States, as the good described in subdivision (B) for which regional value content is being calculated;
(2) 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 subdivision (B) for which regional value content is being calculated; or
(3) is the same model line of motor vehicles produced in the territory of Peru or 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 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--
(1) average the amounts calculated under the formula contained in subdivision (A) above over--
(I) the fiscal year of the motor vehicle producer to whom the automotive goods are sold,
(II) any quarter or month, or
(III) the fiscal year of the producer of such goods,
if the goods were produced during the fiscal year, quarter or month that is the basis for the calculation;
(2) determine the average referred to in subdivision (1) separately for such goods sold to one or more motor vehicle producers; or
(3) make a separate determination under subdivision (1) or (2) for automotive goods that are exported to the territory of Peru or the United States.
(E) The importer, exporter or producer of an automotive good shall, consistent with the provisions regarding allocation of costs provided for in generally accepted accounting principles, determine the net cost of an automotive good under subdivision (B) by--
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(1) 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;
(2) 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 service 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
(3) 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 service 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:
(1) 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;
(2) motor vehicles provided for in subheading 8701.10 or any of subheadings 8701.30 through 8701.90, inclusive;
(3) 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
(4) motor vehicles provided for in any of subheadings 8703.21 through 8703.90, inclusive.
(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 in which the producer is located.
(I) For purposes of this note, the term “reasonably allocate” means to apportion 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 Peru, the United States, or both, and does not include profits that are earned by the producer, regardless of whether they are retained by the producer or paid out to other persons as dividends, or taxes paid on those profits, including capital gains taxes.
(K) For purposes of this note, the term “product costs” means costs that are associated with the production of a good and include the value of materials, direct labor costs and direct overhead.
(L) For purposes of this note, the term “period costs” means costs, other than product costs, that are expensed in the period in which they are incurred, such as selling expenses and general and administrative expenses.
(M) For purposes of this note, the term “other costs” means all costs recorded on the books of the producer that are not product costs or period costs, such as interest.
(N) For purposes of this note, the term “used” means utilized or consumed in the production of goods.
(g) Accessories, spare parts or tools.
(i) Subject to subdivision (g)(ii) and (g)(iii), accessories, spare parts or tools delivered with a good that form part of the good's standard accessories, spare parts or tools shall--
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(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 (g)(i) shall apply only if--
(A) the accessories, spare parts or tools are classified with and not invoiced separately from the good, regardless of whether such accessories, spare parts or tools are specified or separately identified in the invoice for the good; and
(B) the quantities and value of the accessories, spare parts or tools are customary for the good.
(iii) If the good is subject to a regional value content requirement, the value of the accessories, spare parts or tools shall be taken into account as originating or nonoriginating materials, as the case may be, in calculating the regional value content of the good.
(h) 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 Peru 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 (h)(i) 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 such person.
(i) Packaging or packing materials and containers.
(i) For retail sale.--Packaging materials and containers in which a good is packaged for retail sale, if classified with the good, shall 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, 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) For shipment.--Packing materials and containers for shipment shall be disregarded in determining whether a good is an originating good.
(j) Indirect materials.
An indirect material shall be treated as an originating material for purposes of this note without regard to where it is produced. The term “indirect material” means a good used in the production, testing or inspection of another good but not physically incorporated into that other good, or a good used in the maintenance of buildings or the operation of equipment associated with the production of a good, including–
(i) fuel and energy;
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(ii) tools, dies and molds;
(iii) spare parts and materials used in the maintenance of equipment or buildings;
(iv) lubricants, greases, compounding materials and other materials used in production or used to operate equipment or buildings;
(v) gloves, glasses, footwear, clothing, safety equipment and supplies;
(vi) equipment, devices and supplies used for testing or inspecting the good;
(vii) catalysts and solvents; and
(viii) any other goods that are not incorporated into the other good but the use of which in the production of the other good can reasonably be demonstrated to be a part of that production.
(k) For the purposes of this note, the term “generally accepted accounting principles” means the recognized consensus or substantial authoritative support in the territory of Peru or 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. The principles may encompass broad guidelines of general application as well as detailed standards, practices and procedures.
(l) Claims for preferential tariff treatment; record-keeping requirements and verification.
(i) Claims for preferential tariff treatment.--An importer may make a claim for the tariff and other treatment provided for under the terms of this note based on either--
(A) a written or electronic certification by the importer, exporter or producer; or
(B) the importer’s knowledge that the good is an originating good, including reasonable reliance on information in the importer’s possession that the good is an originating good;
in such form and manner as may be required in applicable regulations.
(ii) Record-keeping requirements.--An importer of a good, for which entry is claimed under the terms of this note, shall maintain, for a minimum of five years from the date of importation of the good, all records and supporting documents necessary to demonstrate that the good qualified for the tariff and other treatment provided for under the terms of this note, in such form and manner as may be required in applicable regulations. For purposes of this note, the term “records and supporting documents” includes, with respect to an exported good for which entry is claimed under the terms of this note, records and documents related to the origin of the good, including--
(A) the purchase, cost and value of, and payment for, the good;
(B) the purchase, cost and value of, and payment for, all materials, including indirect materials, used in the production of the good; and
(C) the production of the good in the form in which it was exported.
(iii) Verification.--For purposes of determining whether a good imported into the customs territory of the United States from the territory of Peru qualifies as an originating good under the provisions of this note, the appropriate customs officer may conduct a verification as set forth in pertinent regulations.
(m) Interpretation and application of rules of origin.
(i) Unless otherwise provided herein, the requirements of any specific rule, or specific set of rules, in subdivision (n) of this note that is set out adjacent to a heading or subheading of the tariff schedule and specifies a change of tariff classification applies only to nonoriginating materials. For purposes of this subdivision and subdivision (n) of this note, a tariff provision is a “heading” if its article description is not indented; a provision is a “subheading” if it is designated by 6 digits under the Harmonized Commodity Description and Coding System; and the terms “chapter” and “section” refer to a chapter or section, respectively, of the tariff schedule.
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(ii) Where a specific rule in subdivision (n) of this note is defined using the criterion of a change in tariff classification, and the rule is written to exclude tariff provisions at the level of a chapter, heading or subheading of the tariff schedule, such rule shall be construed to require that materials classified in those excluded provisions be originating for the good to qualify as originating.
(iii) When a heading or subheading of the tariff schedule is subject to alternative specific rules in subdivision (n) of this note, the rule will be considered to be met if a good satisfies one of the alternatives.
(iv) When a single rule is applicable to a group of headings or subheadings, and that rule of origin specifies a change of heading or subheading, the requirement shall be interpreted so that the change of heading or subheading may occur within a single heading or subheading or between headings or subheadings of the group. When, however, a rule refers to a change in heading or subheading “outside that group,” such change in heading or subheading must occur from a heading or subheading that is outside the group of headings or subheadings set out in the rule.
(v) References to weight in the rules set forth in subdivision (n) of this note for goods provided for in chapters 1 through 24 of the tariff schedule are to dry weight, unless otherwise specified in the tariff schedule.
(vi) For purposes of applying this note to goods of chapters 6 through 14, inclusive, agricultural and horticultural goods grown in the territory of a party shall be treated as an originating good even if grown from seeds, bulbs, rootstock, cuttings, grafts, shoots, buds or other live parts of plants imported from a non-party.
(vii) This subdivision confers origin on the goods specified in the provisions below, except as otherwise specified herein. Notwithstanding the preceding sentence, a good is originating if it meets the applicable change in tariff classification rules specified in subdivision (n) of this note.
(A) A good of chapters 27 through 40, inclusive (except ethyl isopropyl thionocarbamates of subheading 2930.20 and goods of heading 3823), of the tariff schedule, that is the product of a chemical reaction in the territory of Peru, the United States, or both, shall be treated as originating. For purposes of applying this subdivision to goods of the foregoing chapters, a “chemical reaction” is a process (including a biochemical process) that results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule. The following are not considered to be chemical reactions for purposes of determining whether a good is originating:
(1) dissolution in water or in another solvent;
(2) the elimination of solvents, including solvent water; or
(3) the addition or elimination of water of crystallization.
(B) For the purposes of chapters 28 through 40, a good that is subject to purification shall be treated as originating provided that one of the following occurs in the territory of Peru, the United States, or both:
(1) the purification results in the elimination of 80 percent of the impurities; or
(2) the purification results in the reduction or elimination of impurities, rendering the good suitable:
(I) as a pharmaceutical, medicinal, cosmetic, veterinary or food grade substance;
(II) as a chemical product or reagent for analytical, diagnostic or laboratory uses;
(III) as an element or component for use in micro-elements;
(IV) for specialized optical uses;
(V) for non-toxic uses for health and safety;
(VI) for biotechnical use;
(VII) as a carrier used in a separation process; or