117 STAT. 918
PUBLIC LAW 108–77—SEPT. 3, 2003 (2) MULTIPLE PROCEDURES.—A good that is produced in the territory of Chile, the United States, or both, by 1 or more producers, is an originating good if the good satisfies the requirements of subsection (a) and all other applicable requirements of this section. (d) REGIONAL VALUE-CONTENT.— (1) IN GENERAL.—For purposes of subsection (a)(2), the regional value-content of a good referred to in Annex 4.1 of the Agreement shall be calculated, at the choice of the person claiming preferential tariff treatment for the good, on the basis of the build-down method described in paragraph (2) or the build-up method described in paragraph (3), unless otherwise provided in Annex 4.1 of the Agreement. (2) BUILD-DOWN METHOD.— (A) IN GENERAL.—The regional value-content of a good may be calculated on the basis of the following builddown method: AV - VNM RVC = AV
× 100
(B) DEFINITIONS.—For purposes of subparagraph (A): (i) The term ‘‘RVC’’ means the regional value-content, expressed as a percentage. (ii) The term ‘‘AV’’ means the adjusted value. (iii) The term ‘‘VNM’’ means the value of nonoriginating materials used by the producer in the production of the good. (3) BUILD-UP METHOD.— (A) IN GENERAL.—The regional value-content of a good may be calculated on the basis of the following buildup method: VOM RVC = AV
× 100
(B) DEFINITIONS.—For purposes of subparagraph (A): (i) The term ‘‘RVC’’ means the regional value-content, expressed as a percentage. (ii) The term ‘‘AV’’ means the adjusted value. (iii) The term ‘‘VOM’’ means the value of originating materials used by the producer in the production of the good. (e) VALUE OF MATERIALS.— (1) IN GENERAL.—For purposes of calculating the regional value-content of a good under subsection (d), and for purposes of applying the de minimis rules under subsection (b), the value of a material is— (A) in the case of a material that is imported by the producer of the good, the adjusted value of the material with respect to that importation; (B) in the case of a material acquired in the territory in which the good is produced, except for a material to which subparagraph (C) applies, the producer’s price actually paid or payable for the material;
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