Page:United States Statutes at Large Volume 108 Part 6.djvu/579

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PROCLAMATION 6641—DEC. 15, 1993 108 STAT. 5147 Annex I (con.) s-. -.;: -10- purposes of calculating the regional value content of the good under subdivision (c)(i) or (c)(ii) of this note, include the value of non-originating materials used to produce originating materials that are subsequently used in the production of such good. (Iv) The regional value content of a good shall be calculated solely on the basis of the net cost method set out in subdivision (c)(ii) of this note where-- (A) there is no transaction value for the good; (B) the transaction value of the good is unacceptable under section 402(b) of the Tariff Act of 1930, as amended (19 V U.S.C. 1401a(b)); (C) the good is sold by the producer to a related person and the volume, by units of quantity, of sales of identical or similar goods to related persons (as defined in article 415 of the NAFTA) during the six-month period immediately preceding the month in which the good is sold exceeds 85 percent of the producer's total sales of such goods during that period; (D) the good Is-- (1) a motor vehicle provided for In headings 8701 or 8702, subheadings 8703.21 through 8703.90, inclusive, or headings 8704, 8705 or 8706; . (2) identified In Annex 403.1 or 403.2 to the NAFTA and is for use in a motor vehicle provided for in ^ headings 8701 or 8702, subheadings 8703.21 through 1^ 8703.90, inclusive, or headings 8704, 8705 or 8706; (3) provided for in subheadings 6401.10 through 6406.10, Inclusive; or (4) provided for in tariff item 8469.10.40; (E) the exporter or producer chooses to accumulate the regional value content of the good in accordance with subdivision (e) of this note; or (F) the good is designated as an intermediate material under subdivision (c)(viii) of this note and Is subject to a regional value-content requirement. (v) If the regional value content of a good is calculated oh the basis of the transaction value method set out in subdivision (c)(1) of this note and a NAFTA party subsequently notifies