Page:United States Statutes at Large Volume 107 Part 3.djvu/138

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107 STAT. 2076 PUBLIC LAW 103-182—DEC. 8, 1993 Free-Trade Agreement. Any election under this paragraph shall be made in writing to the Customs Service not later than the date that is 180 days after the date of entry into force of the Agreement between the United States and Canada. Any such election may be made only if the liquidation of such entry has not become final. For purposes of averaging the calculation of regional value-content for the goods covered by such entry, where the producer's 1989-1990 fiscal year b^an after January 1, 1989, the producer may include the period between January 1, 1989, and the beginning of its first fiscal year after January 1, 1989, as part of fiscal year 1989-1990. (d) ACCUMULATION.— (1) DETERMINATION OF ORIGINATING GOOD. — For purposes of determining whether a good is an originating good, the production of the good in the territory of one or more of the NAFTA countries by one or more producers shall, at the choice of the exporter or producer of the good, be considered to have been performed in the territonr of any of the NAFTA countries by that exporter or producer, it— (A) all nonoriginating materials used in the production of the good undergo an applicable tariff classification change set out in Annex 401 of the Agreement; (B) the good satisfies any applicable regional valuecontent requirement; and (C) the good satisfies all other applicable reqiiirements of this section. The requirements of subparagraphs (A) and (B) must be satisfied entirely in the territory ot one or more of the NAFTA countries. (2) TREATMENT AS SINGLE PRODUCER. — For purposes of subsection G>X10), the production of a producer that chooses to accumulate its production with that of other producers under paragraph (1) snail be treated as the production of a single producer. (e) DE MINIMIS AMOUNTS OF NONORIGINATING MATERIALS.— (1) IN GENERAL.— Except as provided in paragraphs (3), (4), (5), and (6), a good shall 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 an applicable change in tarin classification (set out in Annex 401 of the Agreement) is not more than 7 percent of the transaction value of the good, acyusted to a F.O.B. basis, or (B) where the transaction value of the good is imacceptable under Article 1 of the Customs Valuation Code, the value of all such nonoriginating materials is not more than 7 percent of the total cost of the good, provided that the good satisfies all other applicable requirements of this section and, if the good is subject to a regional value-content requirement, the value of such nonoriginating materials is taken into account in calculating the regional value-content of the good. (2) GOODS NOT SUBJECT TO REGIONAL VALUE-CONTENT REQUIREMENT.—^A good that is otherwise subject to a regional value-content requirement shall not be required to satisfy such requirement if—