118 STAT. 929 PUBLIC LAW 108–286—AUG. 3, 2004 (i) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in Annex 4– A or Annex 5–A of the Agreement; (ii) the good otherwise satisfies any applicable regional value content requirement referred to in Annex 5–A of the Agreement; or (iii) the good meets any other requirements speci fied in Annex 4–A or Annex 5–A of the Agreement; and (B) the good satisfies all other applicable requirements of this section; (3) the good is produced entirely in the territory of Aus tralia, the United States, or both, exclusively from materials described in paragraph (1) or (2); or (4) the good otherwise qualifies as an originating good under this section. (c) DE MINIMIS AMOUNTS OF NONORIGINATING MATERIALS.— (1) IN GENERAL.—Except as provided in paragraphs (2) and (3), a good that does not undergo a change in tariff classi fication pursuant to Annex 5–A of the Agreement is an origi nating good if— (A) the value of all nonoriginating materials that— (i) are used in the production of the good, and (ii) do not undergo the required change in tariff classification, does not exceed 10 percent of the adjusted value of the good; (B) the good meets all other applicable requirements of this section; and (C) the value of such nonoriginating materials is included in the value of nonoriginating materials for any applicable regional value content requirement for the good. (2) EXCEPTIONS.—Paragraph (1) does not apply to the fol lowing: (A) A nonoriginating material provided for in chapter 4 of the HTS or in subheading 1901.90 that is used in the production of a good provided for in chapter 4 of the HTS. (B) A nonoriginating material provided for in chapter 4 of the HTS or in subheading 1901.90 that is used in the production of a good provided for in subheading 1901.10, 1901.20, or 1901.90, heading 2105, or subheading 2106.90, 2202.90, or 2309.90. (C) A nonoriginating material provided for in heading 0805 or any of subheadings 2009.11 through 2009.39 that is used in the production of a good provided for in any of subheadings 2009.11 through 2009.39, or in subheading 2106.90 or 2202.90. (D) A nonoriginating material provided for in chapter 15 of the HTS that is used in the production of a good provided for in any of headings 1501.00.00 through 1508, or in heading 1512, 1514, or 1515. (E) A nonoriginating material provided for in heading 1701 that is used in the production of a good provided for in any of headings 1701 through 1703.
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