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 (g) The Secretary of the Treasury, after consultation with the United States Trade Representative, shall prescribe such regulations as may be necessary to carry out this note.

[General notes 19 through 24, inclusive, were transferred and designated as subdivisions (e) through (j), respectively, of general note 3 to the tariff schedule.]

25. United States-Singapore Free Trade Agreement.

(a) Originating goods under the terms of the United States-Singapore Free Trade Agreement (SFTA) are subject to duty as provided herein. For the purposes of this note, goods of Singapore, as defined in subdivisions (b) through (o) of this note, that are imported into the customs territory of the United States and entered under a provision for which a rate of duty appears in the “Special” subcolumn of column 1 followed by the symbol “SG” in parentheses are eligible for the tariff treatment and quantitative limitations set forth in the “Special” subcolumn, in accordance with sections 201 and 202 of the United States-Singapore Free Trade Agreement Implementation Act (Pub.L.108-78; 117 Stat. 948).

(b) For the purposes of this note, subject to the provisions of subdivisions (c), (d), (n) and (o) thereof, goods imported into the customs territory of the United States are eligible for treatment as originating goods of a SFTA country under the terms of this note only if they–

(i) were wholly obtained or produced entirely in the territory of Singapore or of the United States, or both;

(ii) are goods that, in their condition as imported, are enumerated in subdivision (m) of this note and imported from the territory of Singapore; or

(iii) have been transformed in the territory of Singapore or of the United States, or both, so that each nonoriginating material:

(A) undergoes an applicable change in tariff classification set out in subdivision (o) of this note as a result of production occurring entirely in the territory of Singapore or of the United States, or both; or

(B) if no change in tariff classification is required, the good otherwise satisfies the applicable requirements set forth in such subdivision (o).

An importer may make a claim for preferential treatment under this note based on the importer's knowledge or on information in the importer's possession that the good qualifies as an originating good. For the purposes of this note, the term “SFTA country” refers only to Singapore or to the United States.

(c) (i) For purposes of subdivision (b)(i) of this note, except as otherwise provided in subdivision (d) of this note for textile and apparel articles, the expression “wholly obtained or produced” refers to goods that are–

(A) mineral goods extracted from the territory of Singapore or of the United States, or both;

(B) vegetable goods (for purposes of the tariff schedule) harvested in the territory of Singapore or of the United States, or both;

(C) live animals born and raised in the territory of Singapore or of the United States, or both;

(D) goods obtained from hunting, trapping, fishing, or aquaculture conducted in the territory of Singapore or of the United States, or both;

(E) goods (fish, shellfish and other marine life) taken from the sea by vessels registered or recorded with Singapore or the United States and flying its flag;

(F) goods produced exclusively from products referred to in subdivision (E) on board factory ships registered or recorded with Singapore or the United States and flying its flag;

(G) goods taken by Singapore or the United States, or a person of Singapore or the United States, from the seabed or beneath the seabed outside territorial waters, provided that Singapore or the United States has rights to exploit such seabed;
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    (H) goods taken from outer space, provided they are obtained by Singapore or the United States or a person of Singapore or the United States and are not processed in the territory of a country other than Singapore or the United States;

(I) waste and scrap derived from–

(1) production in the territory of Singapore or of the United States, or both; or

(2) used goods collected in such territory, provided such goods are fit only for the recovery of raw materials;

(J) recovered goods derived in the territory of Singapore or of the United States, or both, from used goods; or

(K) goods produced in the territory of Singapore or of the United States, or both, exclusively from goods referred to in subdivisions (A) through (I) above, inclusive, or from the derivatives of such goods.

(ii) (A) For the purposes of subdivision (i)(J), the term “recovered goods” means materials in the form of individual parts that are the result of:

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

(2) the cleaning, inspecting, testing or other processing of those parts as necessary for improvement to sound working condition by one or more of the following processes: welding, flame spraying, surface machining, knurling, plating, sleeving and rewinding; the foregoing in order for such parts to be assembled with other parts, including other recovered parts, in the production of a remanufactured good as defined in subdivision (ii)(B).

(B) The term “remanufactured good” for purposes of this note means an industrial good assembled in the territory of Singapore or of the United State that is enumerated herein and–

(1) is entirely or partially comprised of recovered goods;

(2) has the same life expectancy and meets the same performance standards as a new good; and

(3) enjoys the same factory warranty as such a new good.

For purposes of this note, a “remanufactured good” must, in its condition as imported, be classifiable in a tariff provision enumerated in the first column below and be described opposite such provision:

Heading/Subheading Articles Eligible for Treatment as Remanufactured Goods Under this Note

(1) 8408 Compression-ignition internal combustion engines (diesel or semi-diesel engines)

(2) 8409.91, 8409.99 Parts (other than aircraft engines) for use solely or principally with the engines of heading 8407 or 8408

(3) 8412.21 Linear acting hydraulic power engines and motors (cylinders)

(4) 8412.29 Other hydraulic power engines and motors

(5) 8412.39 Pneumatic power engines and motors (other than linear acting (cylinders))

(6) 8412.90 Parts of engines and motors of heading 8412

(7) 8413.30 Fuel, lubricating or cooling medium pumps for internal combustion engines
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(8) 8413.50   Other reciprocating positive displacement pumps

(9) 8413.60 Other rotary positive displacement pumps

(10) 8413.91 Parts of pumps for liquids, whether or not fitted with a measuring device; parts of liquid elevators

(11) 8414.30 Compressors of a kind used in refrigerating equipment (including air conditioning)

(12) 8414.80 Other air or vacuum pumps, air or other gas compressors and fans not elsewhere enumerated in heading 8414; other ventilating or recycling hoods incorporating a fan, whether or not fitted with filters, the foregoing not elsewhere enumerated in heading 8414

(13) 8414.90 Parts of air or vacuum pumps, air or other gas compressors and fans; parts of other ventilating or recycling hoods incorporating a fan, whether or not fitted with fittings

(14) 8419.89 Other machinery, plant or equipment of heading 8419

(15) 8431.20 Parts of machinery of heading 8427

(16) 8431.49 Other parts of machinery, not elsewhere enumerated in heading 8431

(17) 8481.20 Valves for oleohydraulic or pneumatic transmissions

(18) 8481.40 Safety or relief valves

(19) 8481.80 Other appliances, not elsewhere enumerated in heading 8481

(20) 8481.90 Parts of taps, cocks, valves and similar appliances for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves

(21) 8483.10 Transmission shafts (including camshafts and crankshafts) and cranks

(22) 8483.30 Bearing housings, not incorporating ball or roller bearings; plain shaft bearings

(23) 8483.40 Gears and gearing, other than toothed wheels, chain sprockets and other transmission elements entered separately; ball or roller screws; gear boxes and other speed changers, including torque converters

(24) 8483.50 Flywheels and pulleys, including pulley blocks

(25) 8483.60 Clutches and shaft couplings (including universal joints)

(26) 8483.90 Toothed wheels, chain sprockets and other transmission elements presented separately; parts of goods of heading 8483
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     (27) 8503        Parts suitable for use solely or principally with the machines of heading 8501 or 8502

(28) 8511.40 Starter motors and dual purpose starter-generators

(29) 8511.50 Other generators, not elsewhere enumerated in heading 8511

(30) 8526.10 Radar apparatus

(31) 8537.10 Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517, all the foregoing for a voltage not exceeding 1,000 V

(32) 8542.21 Digital monolithic integrated circuits

(33) 8708.31 Mounted brake linings for the motor vehicles of headings 8701 to 8705

(34) 8708.39 Brakes and servo-brakes for the motor vehicles of headings 8701 to 8705, and parts thereof (other than mounted brake linings of subheading 8708.31)

(35) 8708.40 Gear boxes for the motor vehicles of headings 8701 to 8705

(36) 8708.60 Non-driving axles and parts thereof for the motor vehicles of headings 8701 to 8705

(37) 8708.70 Road wheels and parts and accessories thereof for the motor vehicles of headings 8701 to 8705

(38) 8708.93 Clutches and parts thereof for the motor vehicles of headings 8701 to 8705

(39) 8708.99 Other parts and accessories of the motor vehicles of headings 8701 to 8705, not elsewhere enumerated in heading 8708

(40) 9031.49 Other optical instruments and appliances (except for inspecting semiconductor wafers or devices or for inspecting photomasks or reticles used in manufacturing semiconductor devices), not specified or included elsewhere in chapter 90.

(C) For the purposes of this note–

(1) the term “material” means a good that is used in the production of another good;

(2) the term “material that is self-produced” means a good, such as a part or ingredient, that is produced by a producer and used by such producer in the production of another good;

(3) the term “used” as it appears in this subdivision means used or consumed in the production of goods; and

(4) a “nonoriginating material” is a material that has not satisfied the requirements of this note.
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    (D) For the purposes of this note, the term “production” means growing, raising, mining, harvesting, fishing, trapping, hunting, manufacturing, processing, assembling or disassembling a good; and the term “producer” means a person who grows, raises, mines, harvests, fishes, traps, hunts, manufactures, processes, assembles or disassembles a good.

(iii) A good shall not be considered to be an originating good if, after it has undergone production that satisfies the requirements of this note, the good undergoes subsequent production or any other operation outside the territory of Singapore and of the United States, other than unloading, reloading or any other operation necessary to preserve it in good condition or to transport the good to the territory of Singapore or of the United States.

(d) Textile and apparel articles.

(i) Except as provided in subdivision (ii) below, a textile or apparel good provided for in chapters 50 through 63 of the tariff schedule 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 (o) of this note, shall nonetheless be considered to be an originating good if the total weight of all such fibers or yarns in that component is not more than seven percent of the total weight of that component. 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 an originating good only if such yarns are wholly formed in the territory of Singapore or of the United States.

(ii) Notwithstanding any other provision of this note, an apparel good of chapter 61 or 62 of the tariff schedule shall be considered to be an originating good if it is both cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both, from fabric or yarn, regardless of the origin of such fabric or yarn, designated by the appropriate United States government authority as fabric or yarn not available in commercial quantities in a timely manner in the United States. Such designation must have been made in a notice published in the Federal Register on or before November 15, 2002, identifying apparel goods made from such fabric or yarn as eligible for entry into the United States under subheading 9819.11.24 or 9820.11.27 of chapter 98 of the tariff schedule. For purposes of this subdivision, reference in such a notice to yarn or fabric formed in the United States is deemed to include yarn or fabric formed in Singapore.

(e) De minimis.

(i) A good, other than a textile or apparel good described in subdivision (d) of this note, that does not undergo a change in tariff classification pursuant to subdivision (o) of this note shall nonetheless be considered to be an originating good if–

(A) the value of all nonoriginating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the adjusted value of the good;

(B) if the good is subject to a regional value-content requirement under the terms of subdivision (g) or (o) of this note, the value of such nonoriginating materials is taken into account in calculating the regional value content of the good; and

(C) the good meets all other applicable criteria set forth in this note for qualifying as an originating good.

(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 the following provisions: subheadings 1901.10, 1901.20 or 1901.90; heading 2105; or subheadings 2106.90, 2202.90 or 2309.90;

(C) a nonoriginating material provided for in heading 0805 or subheadings 2009.11 through 2009.39 that is used in the production of a good provided for in 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;