H. R. 3045
One Hundred Ninth Congress
of the
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Tuesday, 
the fourth day of January, two thousand and five 
An Act 
To implement the Dominican Republic-Central America-United States Free Trade 
Agreement.
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Dominican 
Republic-Central America-United States Free Trade Agreement 
Implementation Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
Sec. 3. Definitions. 
TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE 
AGREEMENT 
Sec. 101. Approval and entry into force of the Agreement. 
Sec. 102. Relationship of the Agreement to United States and State law. 
Sec. 103. Implementing actions in anticipation of entry into force and initial regula-
tions. 
Sec. 104. Consultation and layover provisions for, and effective date of, proclaimed 
actions. 
Sec. 105. Administration of dispute settlement proceedings. 
Sec. 106. Arbitration of claims. 
Sec. 107. Effective dates; effect of termination. 
TITLE II—CUSTOMS PROVISIONS 
Sec. 201. Tariff modifications. 
Sec. 202. Additional duties on certain agricultural goods. 
Sec. 203. Rules of origin. 
Sec. 204. Customs user fees. 
Sec. 205. Retroactive application for certain liquidations and reliquidations of tex-
tile or apparel goods. 
Sec. 206. Disclosure of incorrect information; false certifications of origin; denial of 
preferential tariff treatment. 
Sec. 207. Reliquidation of entries. 
Sec. 208. Recordkeeping requirements. 
Sec. 209. Enforcement relating to trade in textile or apparel goods. 
Sec. 210. Regulations. 
TITLE III—RELIEF FROM IMPORTS 
Sec. 301. Definitions. 
Subtitle A—Relief From Imports Benefiting From the Agreement 
Sec. 311. Commencing of action for relief. 
Sec. 312. Commission action on petition. 
Sec. 313. Provision of relief. 
Sec. 314. Termination of relief authority. 
Sec. 315. Compensation authority. 
Sec. 316. Confidential business information.
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Subtitle B—Textile and Apparel Safeguard Measures 
Sec. 321. Commencement of action for relief. 
Sec. 322. Determination and provision of relief. 
Sec. 323. Period of relief. 
Sec. 324. Articles exempt from relief. 
Sec. 325. Rate after termination of import relief. 
Sec. 326. Termination of relief authority. 
Sec. 327. Compensation authority. 
Sec. 328. Confidential business information. 
Subtitle C—Cases Under Title II of the Trade Act of 1974
Sec. 331. Findings and action on goods of CAFTA–DR countries. 
TITLE IV—MISCELLANEOUS 
Sec. 401. Eligible products. 
Sec. 402. Modifications to the Caribbean Basin Economic Recovery Act. 
Sec. 403. Periodic reports and meetings on labor obligations and labor capacity-
building provisions.
SEC. 2. PURPOSES. 
The purposes of this Act are—
(1) to approve and implement the Free Trade Agreement 
between the United States, Costa Rica, the Dominican Republic, 
El Salvador, Guatemala, Honduras, and Nicaragua entered into 
under the authority of section 2103(b) of the Bipartisan Trade 
Promotion Authority Act of 2002 (19 U.S.C. 3803(b)); 
(2) to strengthen and develop economic relations between 
the United States, Costa Rica, the Dominican Republic, El 
Salvador, Guatemala, Honduras, and Nicaragua for their 
mutual benefit; 
(3) to establish free trade between the United States, Costa 
Rica, the Dominican Republic, El Salvador, Guatemala, Hon-
duras, and Nicaragua through the reduction and elimination 
of barriers to trade in goods and services and to investment; 
and 
(4) to lay the foundation for further cooperation to expand 
and enhance the benefits of the Agreement. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGREEMENT.—The term ‘‘Agreement’’ means the 
Dominican Republic-Central America-United States Free Trade 
Agreement approved by the Congress under section 101(a)(1). 
(2) CAFTA–DR COUNTRY.—Except as provided in section 
203, the term ‘‘CAFTA–DR country’’ means—
(A) Costa Rica, for such time as the Agreement is 
in force between the United States and Costa Rica; 
(B) the Dominican Republic, for such time as the Agree-
ment is in force between the United States and the Domini-
can Republic; 
(C) El Salvador, for such time as the Agreement is 
in force between the United States and El Salvador; 
(D) Guatemala, for such time as the Agreement is 
in force between the United States and Guatemala; 
(E) Honduras, for such time as the Agreement is in 
force between the United States and Honduras; and 
(F) Nicaragua, for such time as the Agreement is in 
force between the United States and Nicaragua. 
(3) COMMISSION.—The term ‘‘Commission’’ means the 
United States International Trade Commission.
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(4) HTS.—The term ‘‘HTS’’ means the Harmonized Tariff 
Schedule of the United States. 
(5) TEXTILE
OR
APPAREL
GOOD.—The term ‘‘textile or 
apparel good’’ means a good listed in the Annex to the Agree-
ment on Textiles and Clothing referred to in section 101(d)(4) 
of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)), 
other than a good listed in Annex 3.29 of the Agreement. 
TITLE I—APPROVAL OF, AND GENERAL 
PROVISIONS 
RELATING 
TO, 
THE 
AGREEMENT 
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT. 
(a) APPROVAL OF AGREEMENT AND STATEMENT OF ADMINISTRA-
TIVE ACTION.—Pursuant to section 2105 of the Bipartisan Trade 
Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 
151 of the Trade Act of 1974 (19 U.S.C. 2191), the Congress 
approves—
(1) the Dominican Republic-Central America-United States 
Free Trade Agreement entered into on August 5, 2004, with 
the Governments of Costa Rica, the Dominican Republic, El 
Salvador, Guatemala, Honduras, and Nicaragua, and submitted 
to the Congress on June 23, 2005; and 
(2) the statement of administrative action proposed to 
implement the Agreement that was submitted to the Congress 
on June 23, 2005. 
(b) CONDITIONS FOR ENTRY INTO FORCE OF THE AGREEMENT.—
At such time as the President determines that countries listed 
in subsection (a)(1) have taken measures necessary to comply with 
the provisions of the Agreement that are to take effect on the 
date on which the Agreement enters into force, the President is 
authorized to provide for the Agreement to enter into force with 
respect to those countries that provide for the Agreement to enter 
into force for them. 
SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES 
AND STATE LAW. 
(a) RELATIONSHIP OF AGREEMENT TO UNITED STATES LAW.—
(1) UNITED STATES LAW TO PREVAIL IN CONFLICT.—No provi-
sion of the Agreement, nor the application of any such provision 
to any person or circumstance, which is inconsistent with any 
law of the United States shall have effect. 
(2) CONSTRUCTION.—Nothing in this Act shall be con-
strued—
(A) to amend or modify any law of the United States, 
or 
(B) to limit any authority conferred under any law 
of the United States, 
unless specifically provided for in this Act. 
(b) RELATIONSHIP OF AGREEMENT TO STATE LAW.—
(1) LEGAL CHALLENGE.—No State law, or the application 
thereof, may be declared invalid as to any person or cir-
cumstance on the ground that the provision or application 
is inconsistent with the Agreement, except in an action brought
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by the United States for the purpose of declaring such law 
or application invalid. 
(2) DEFINITION OF STATE LAW.—For purposes of this sub-
section, the term ‘‘State law’’ includes—
(A) any law of a political subdivision of a State; and 
(B) any State law regulating or taxing the business 
of insurance. 
(c) EFFECT OF AGREEMENT WITH RESPECT TO PRIVATE REM-
EDIES.—No person other than the United States—
(1) shall have any cause of action or defense under the 
Agreement or by virtue of congressional approval thereof; or 
(2) may challenge, in any action brought under any provi-
sion of law, any action or inaction by any department, agency, 
or other instrumentality of the United States, any State, or 
any political subdivision of a State, on the ground that such 
action or inaction is inconsistent with the Agreement. 
SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO 
FORCE AND INITIAL REGULATIONS. 
(a) IMPLEMENTING ACTIONS.—
(1) PROCLAMATION AUTHORITY.—After the date of the enact-
ment of this Act—
(A) the President may proclaim such actions, and 
(B) other appropriate officers of the United States 
Government may issue such regulations, 
as may be necessary to ensure that any provision of this Act, 
or amendment made by this Act, that takes effect on the 
date the Agreement enters into force is appropriately imple-
mented on such date, but no such proclamation or regulation 
may have an effective date earlier than the date the Agreement 
enters into force. 
(2) EFFECTIVE DATE OF CERTAIN PROCLAIMED ACTIONS.—
Any action proclaimed by the President under the authority 
of this Act that is not subject to the consultation and layover 
provisions under section 104 may not take effect before the 
15th day after the date on which the text of the proclamation 
is published in the Federal Register. 
(3) WAIVER OF 15-DAY RESTRICTION.—The 15-day restriction 
contained in paragraph (2) on the taking effect of proclaimed 
actions is waived to the extent that the application of such 
restriction would prevent the taking effect on the date the 
Agreement enters into force of any action proclaimed under 
this section. 
(b) INITIAL
REGULATIONS.—Initial regulations necessary or 
appropriate to carry out the actions required by or authorized 
under this Act or proposed in the statement of administrative 
action submitted under section 101(a)(2) to implement the Agree-
ment shall, to the maximum extent feasible, be issued within 1 
year after the date on which the Agreement enters into force. 
In the case of any implementing action that takes effect on a 
date after the date on which the Agreement enters into force, 
initial regulations to carry out that action shall, to the maximum 
extent feasible, be issued within 1 year after such effective date. 
SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFEC-
TIVE DATE OF, PROCLAIMED ACTIONS. 
If a provision of this Act provides that the implementation 
of an action by the President by proclamation is subject to the
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consultation and layover requirements of this section, such action 
may be proclaimed only if—
(1) the President has obtained advice regarding the pro-
posed action from—
(A) the appropriate advisory committees established 
under section 135 of the Trade Act of 1974 (19 U.S.C. 
2155); and 
(B) the Commission; 
(2) the President has submitted to the Committee on 
Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives a report that sets forth—
(A) the action proposed to be proclaimed and the rea-
sons therefor; and 
(B) the advice obtained under paragraph (1); 
(3) a period of 60 calendar days, beginning on the first 
day on which the requirements set forth in paragraphs (1) 
and (2) have been met has expired; and 
(4) the President has consulted with such Committees 
regarding the proposed action during the period referred to 
in paragraph (3). 
SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS. 
(a) ESTABLISHMENT OR DESIGNATION OF OFFICE.—The President 
is authorized to establish or designate within the Department of 
Commerce an office that shall be responsible for providing adminis-
trative assistance to panels established under chapter 20 of the 
Agreement. The office may not be considered to be an agency 
for purposes of section 552 of title 5, United States Code. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for each fiscal year after fiscal year 2005 to 
the Department of Commerce such sums as may be necessary 
for the establishment and operations of the office established or 
designated under subsection (a) and for the payment of the United 
States share of the expenses of panels established under chapter 
20 of the Agreement. 
SEC. 106. ARBITRATION OF CLAIMS. 
The United States is authorized to resolve any claim against 
the United States covered by article 10.16.1(a)(i)(C) or article 
10.16.1(b)(i)(C) of the Agreement, pursuant to the Investor-State 
Dispute Settlement procedures set forth in section B of chapter 
10 of the Agreement. 
SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION. 
(a) EFFECTIVE DATES.—Except as provided in subsection (b), 
the provisions of this Act and the amendments made by this Act 
take effect on the date the Agreement enters into force. 
(b) EXCEPTIONS.—Sections 1 through 3 and this title take effect 
on the date of the enactment of this Act. 
(c) TERMINATION OF CAFTA–DR STATUS.—During any period 
in which a country ceases to be a CAFTA–DR country, the provi-
sions of this Act (other than this subsection) and the amendments 
made by this Act shall cease to have effect with respect to that 
country. 
(d) TERMINATION OF THE AGREEMENT.—On the date on which 
the Agreement ceases to be in force with respect to the United 
States, the provisions of this Act (other than this subsection) and 
the amendments made by this Act shall cease to have effect.
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TITLE II—CUSTOMS PROVISIONS 
SEC. 201. TARIFF MODIFICATIONS. 
(a) TARIFF MODIFICATIONS PROVIDED FOR IN THE AGREEMENT.—
(1) PROCLAMATION
AUTHORITY.—The President may pro-
claim—
(A) such modifications or continuation of any duty, 
(B) such continuation of duty-free or excise treatment, 
or 
(C) such additional duties, 
as the President determines to be necessary or appropriate 
to carry out or apply articles 3.3, 3.5, 3.6, 3.21, 3.26, 3.27, 
and 3.28, and Annexes 3.3, 3.27, and 3.28 of the Agreement. 
(2) EFFECT
ON
GSP
STATUS.—Notwithstanding section 
502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), the 
President shall terminate the designation of each CAFTA–
DR country as a beneficiary developing country for purposes 
of title V of the Trade Act of 1974 on the date the Agreement 
enters into force with respect to that country. 
(3) EFFECT ON CBERA STATUS.—
(A) IN
GENERAL.—Notwithstanding section 212(a) of 
the Caribbean Basin Economic Recovery Act (19 U.S.C. 
2702(a)), the President shall terminate the designation of 
each CAFTA–DR country as a beneficiary country for pur-
poses of that Act on the date the Agreement enters into 
force with respect to that country. 
(B) EXCEPTION.—Notwithstanding subparagraph (A), 
each such country shall be considered a beneficiary country 
under section 212(a) of the Caribbean Basin Economic 
Recovery Act, for purposes of—
(i) sections 771(7)(G)(ii)(III) and 771(7)(H) of the 
Tariff Act of 1930 (19 U.S.C. 1677(7)(G)(ii)(III) and 
1677(7)(H)); 
(ii) the duty-free treatment provided under para-
graph 12 of Appendix I of the General Notes to the 
Schedule of the United States to Annex 3.3 of the 
Agreement; and 
(iii) section 274(h)(6)(B) of the Internal Revenue 
Code of 1986. 
(b) OTHER TARIFF MODIFICATIONS.—Subject to the consultation 
and layover provisions of section 104, the President may proclaim—
(1) such modifications or continuation of any duty, 
(2) such modifications as the United States may agree 
to with a CAFTA–DR country regarding the staging of any 
duty treatment set forth in Annex 3.3 of the Agreement, 
(3) such continuation of duty-free or excise treatment, or 
(4) such additional duties, 
as the President determines to be necessary or appropriate to 
maintain the general level of reciprocal and mutually advantageous 
concessions provided for by the Agreement. 
(c) CONVERSION TO AD VALOREM RATES.—For purposes of sub-
sections (a) and (b), with respect to any good for which the base 
rate in the Schedule of the United States to Annex 3.3 of the 
Agreement is a specific or compound rate of duty, the President 
may substitute for the base rate an ad valorem rate that the 
President determines to be equivalent to the base rate.
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SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS. 
(a) GENERAL PROVISIONS.—
(1) APPLICABILITY OF SUBSECTION.—This subsection applies 
to additional duties assessed under subsection (b). 
(2) APPLICABLE NTR (MFN) RATE OF DUTY.—For purposes 
of subsection (b), the term ‘‘applicable NTR (MFN) rate of 
duty’’ means, with respect to a safeguard good, a rate of duty 
that is the lesser of—
(A) the column 1 general rate of duty that would, 
at the time the additional duty is imposed under subsection 
(b), apply to a good classifiable in the same 8-digit sub-
heading of the HTS as the safeguard good; or 
(B) the column 1 general rate of duty that would, 
on the day before the date on which the Agreement enters 
into force, apply to a good classifiable in the same 8-
digit subheading of the HTS as the safeguard good. 
(3) SCHEDULE RATE OF DUTY.—For purposes of subsection 
(b), the term ‘‘schedule rate of duty’’ means, with respect to 
a safeguard good, the rate of duty for that good that is set 
out in the Schedule of the United States to Annex 3.3 of 
the Agreement. 
(4) SAFEGUARD GOOD.—In this section, the term ‘‘safeguard 
good’’ means a good—
(A) that is included in the Schedule of the United 
States to Annex 3.15 of the Agreement; 
(B) that qualifies as an originating good under section 
203, except that operations performed in or material 
obtained from the United States shall be considered as 
if the operations were performed in, and the material was 
obtained from, a country that is not a party to the Agree-
ment; and 
(C) for which a claim for preferential tariff treatment 
under the Agreement has been made. 
(5) EXCEPTIONS.—No additional duty shall be assessed on 
a good under subsection (b) if, at the time of entry, the good 
is subject to import relief under—
(A) subtitle A of title III of this Act; or 
(B) chapter 1 of title II of the Trade Act of 1974 
(19 U.S.C. 2251 et seq.). 
(6) TERMINATION.—The assessment of an additional duty 
on a good under subsection (b) shall cease to apply to that 
good on the date on which duty-free treatment must be provided 
to that good under the Schedule of the United States to Annex 
3.3 of the Agreement. 
(7) NOTICE.—Not later than 60 days after the Secretary 
of the Treasury first assesses an additional duty in a calendar 
year on a good under subsection (b), the Secretary shall notify 
the country whose good is subject to the additional duty in 
writing of such action and shall provide to that country data 
supporting the assessment of the additional duty. 
(b) ADDITIONAL DUTIES ON SAFEGUARD GOODS.—
(1) IN GENERAL.—In addition to any duty proclaimed under 
subsection (a) or (b) of section 201, and subject to subsection 
(a), the Secretary of the Treasury shall assess a duty, in the 
amount determined under paragraph (2), on a safeguard good 
of a CAFTA–DR country imported into the United States in 
a calendar year if the Secretary determines that, prior to such
H. R. 3045—8
importation, the total volume of that safeguard good of such 
country that is imported into the United States in that calendar 
year exceeds 130 percent of the volume that is set out for 
that safeguard good in the corresponding year in the table 
for that country contained in Appendix I of the General Notes 
to the Schedule of the United States to Annex 3.3 of the 
Agreement. For purposes of this subsection, year 1 in that 
table corresponds to the calendar year in which the Agreement 
enters into force. 
(2) CALCULATION
OF
ADDITIONAL
DUTY.—The additional 
duty on a safeguard good under this subsection shall be—
(A) in the case of a good classified under subheading 
1202.10.80, 
1202.20.80, 
2008.11.15, 
2008.11.35, 
or 
2008.11.60 of the HTS—
(i) in years 1 through 5, an amount equal to 100 
percent of the excess of the applicable NTR (MFN) 
rate of duty over the schedule rate of duty; 
(ii) in years 6 through 10, an amount equal to 
75 percent of the excess of the applicable NTR (MFN) 
rate of duty over the schedule rate of duty; and 
(iii) in years 11 through 14, an amount equal to 
50 percent of the excess of the applicable NTR (MFN) 
rate of duty over the schedule rate of duty; and 
(B) in the case of any other safeguard good—
(i) in years 1 through 14, an amount equal to 
100 percent of the excess of the applicable NTR (MFN) 
rate of duty over the schedule rate of duty; 
(ii) in years 15 through 17, an amount equal to 
75 percent of the excess of the applicable NTR (MFN) 
rate of duty over the schedule rate of duty; and 
(iii) in years 18 and 19, an amount equal to 50 
percent of the excess of the applicable NTR (MFN) 
rate of duty over the schedule rate of duty. 
SEC. 203. RULES OF ORIGIN. 
(a) APPLICATION AND INTERPRETATION.—In this section: 
(1) TARIFF CLASSIFICATION.—The basis for any tariff classi-
fication is the HTS. 
(2) REFERENCE TO HTS.—Whenever in this section there 
is a reference to a chapter, heading, or subheading, such ref-
erence shall be a reference to a chapter, heading, or subheading 
of the HTS. 
(3) COST OR VALUE.—Any cost or value referred to in this 
section shall be recorded and maintained in accordance with 
the generally accepted accounting principles applicable in the 
territory of the country in which the good is produced (whether 
the United States or another CAFTA–DR country). 
(b) ORIGINATING GOODS.—For purposes of this Act and for 
purposes of implementing the preferential tariff treatment provided 
for under the Agreement, except as otherwise provided in this 
section, a good is an originating good if—
(1) the good is a good wholly obtained or produced entirely 
in the territory of one or more of the CAFTA–DR countries; 
(2) the good—
(A) is produced entirely in the territory of one or more 
of the CAFTA–DR countries, and—
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(i) each of the nonoriginating materials used in 
the production of the good undergoes an applicable 
change in tariff classification specified in Annex 4.1 
of the Agreement; or 
(ii) the good otherwise satisfies any applicable 
regional value-content or other requirements specified 
in Annex 4.1 of the Agreement; and 
(B) satisfies all other applicable requirements of this 
section; or 
(3) the good is produced entirely in the territory of one 
or more of the CAFTA–DR countries, exclusively from materials 
described in paragraph (1) or (2). 
(c) REGIONAL VALUE-CONTENT.—
(1) IN
GENERAL.—For purposes of subsection (b)(2), the 
regional value-content of a good referred to in Annex 4.1 of 
the Agreement, except for goods to which paragraph (4) applies, 
shall be calculated by the importer, exporter, or producer of 
the good, on the basis of the build-down method described 
in paragraph (2) or the build-up method described in paragraph 
(3). 
(2) BUILD-DOWN METHOD.—
(A) IN GENERAL.—The regional value-content of a good 
may be calculated on the basis of the following build-
down method:
AV–VNM
RVC = ———— × 100
AV
(B) DEFINITIONS.—In subparagraph (A): 
(i) RVC.—The term ‘‘RVC’’ means the regional 
value-content of the good, expressed as a percentage. 
(ii) AV.—The term ‘‘AV’’ means the adjusted value 
of the good. 
(iii) VNM.—The term ‘‘VNM’’ means the value of 
nonoriginating materials that are acquired and used 
by the producer in the production of the good, but 
does not include the value of a material that is self-
produced. 
(3) BUILD-UP METHOD.—
(A) IN GENERAL.—The regional value-content of a good 
may be calculated on the basis of the following build-
up method:
VOM
RVC = ———— × 100
AV
(B) DEFINITIONS.—In subparagraph (A): 
(i) RVC.—The term ‘‘RVC’’ means the regional 
value-content of the good, expressed as a percentage. 
(ii) AV.—The term ‘‘AV’’ means the adjusted value 
of the good. 
(iii) VOM.—The term ‘‘VOM’’ means the value of 
originating materials that are acquired or self-pro-
duced, and used by the producer in the production 
of the good. 
(4) SPECIAL RULE FOR CERTAIN AUTOMOTIVE GOODS.—
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(A) IN
GENERAL.—For purposes of subsection (b)(2), 
the regional value-content of an automotive good referred 
to in Annex 4.1 of the Agreement may be calculated by 
the importer, exporter, or producer of the good, on the 
basis of the following net cost method:
NC–VNM
RVC = ———— × 100
NC
(B) DEFINITIONS.—In subparagraph (A): 
(i) AUTOMOTIVE
GOOD.—The term ‘‘automotive 
good’’ means a good provided for in any of subheadings 
8407.31 through 8407.34, subheading 8408.20, heading 
8409, or in any of headings 8701 through 8708. 
(ii) RVC.—The term ‘‘RVC’’ means the regional 
value-content of the automotive good, expressed as a 
percentage. 
(iii) NC.—The term ‘‘NC’’ means the net cost of 
the automotive good. 
(iv) VNM.—The term ‘‘VNM’’ means the value of 
nonoriginating materials that are acquired and used 
by the producer in the production of the automotive 
good, but does not include the value of a material 
that is self-produced. 
(C) MOTOR VEHICLES.—
(i) BASIS OF CALCULATION.—For purposes of deter-
mining the regional value-content under subparagraph 
(A) for an automotive good that is a motor vehicle 
provided for in any of headings 8701 through 8705, 
an importer, exporter, or producer may average the 
amounts calculated under the formula contained in 
subparagraph (A), over the producer’s fiscal year—
(I) with respect to all motor vehicles in any 
1 of the categories described in clause (ii); or 
(II) with respect to all motor vehicles in any 
such category that are exported to the territory 
of one or more of the CAFTA–DR countries. 
(ii) CATEGORIES.—A category is described in this 
clause if it—
(I) is the same model line of motor vehicles, 
is in the same class of vehicles, and is produced 
in the same plant in the territory of a CAFTA–
DR country, as the good described in clause (i) 
for which regional value-content is being cal-
culated; 
(II) is the same class of motor vehicles, and 
is produced in the same plant in the territory 
of a CAFTA–DR country, as the good described 
in clause (i) for which regional value-content is 
being calculated; or 
(III) is the same model line of motor vehicles 
produced in the territory of a CAFTA–DR country 
as the good described in clause (i) for which 
regional value-content is being calculated. 
(D) OTHER AUTOMOTIVE GOODS.—For purposes of deter-
mining the regional value-content under subparagraph (A) 
for automotive goods provided for in any of subheadings