Page:United States Statutes at Large Volume 107 Part 3.djvu/136

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107 STAT. 2074 PUBLIC LAW 103-182—DEC. 8, 1993 (A) IN GENERAL.— For purposes of calculating the regional value-content of a motor vehicle described in paragraph (1) or (2), the producer may average its calculation over its fiscal year, using any of the categories described in subparagraph (B), on the basis of either all motor vehicles in the category or on the basis of only the motor vehicles in the category that are exported to me territory of one or more of the other NAFTA countries. (B) CATEGORY DESCRIBED.—^A category is described in this subparagraph if it is— (i) the same model line of motor vehicles in the same class of vehiclesproduced in the same plant in the territory of a NAFTA country; (ii) the same class of motor vehicles produced in the same plant in the territory of a NAFTA country; (iii) the same model line of motor vehicles produced in the territory of a NAFTA country; or (iv) if applicable, the basis set out in Annex 403.3 of the Agreement. (4) ANNEX 403.1 AND ANNEX 403.2. —For purposes of calculating the regional value-content for any or all goods provided for in a tariff provision listed in Annex 403.1 of the Agreement, or a component or material identified in Annex 403.2 of the Agreement, produced in the same plant, the producer of the good may— (A) average its calculation— (i) over the fiscal year of the motor vehicle producer to whom the good is sold; (ii) over any quarter or month; or (iii) over its fiscal year, if the good is sold as an aftermarket part; (B) calculate the average referred to in subparagraph (A) separately for any or all goods sold to one or more motor vehicle producers; or (C) with respect to any calculation under this paragraph, make a separate calculation for goods that are exported to the territory of one or more NAFTA countries. (5) PHASE-IN OF REGIONAL VALUE-CONTENT REQUIREMENT. — Notwithstanding Annex 401 of the Agreement, and except as provided in paragraph (6), the regional value-content requirement shall be^ (A) for a producer's fiscal year beginning on the day closest to January 1, 1998, and thereafter, 56 percent calculated under the net cost method, and for a producer's fiscal year beginning on the day closest to January 1, 2002, and thereafter, 62.5 percent calculated under the net cost method, for— (i) a good that is a motor vehicle for the transport of 15 or fewer persons provided for in subheading 8702.10.00 or 8702.90.00, or a motor vehicle provided for in subheadings 8703.21 through 8703.90, or subheading 8704.21 or 8704.31; and (ii) a good provided for in heading 8407 or 8408, or subheading 8708.40, that is for use in a motor vehicle identified in clause (i); and (B) for a producer's fiscal year beginning on the day closest to January 1, 1998, and thereafter, 55 percent cal-