under chapter 84, 85, 87, or 90 or heading 9402, 
and that— 
(A) is entirely or partially comprised of re-
covered goods; and 
(B) has a similar life expectancy and en-
joys a factory warranty similar to such a good 
that is new. 
(21) TOTAL COST.— 
(A) 
IN
GENERAL.—The 
term 
‘‘total 
cost’’— 
(i) means all product costs, period 
costs, and other costs for a good incurred 
in the territory of Korea, the United 
States, or both; and 
(ii) does not include profits that are 
earned by the producer, regardless of 
whether they are retained by the producer 
or paid out to other persons as dividends, 
or taxes paid on those profits, including 
capital gains taxes. 
(B) OTHER DEFINITIONS.—In this para-
graph: 
(i) 
PRODUCT
COSTS.—The 
term 
‘‘product costs’’ means costs that are asso-
ciated with the production of a good and 
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include the value of materials, direct labor 
costs, and direct overhead. 
(ii) PERIOD COSTS.—The term ‘‘pe-
riod costs’’ means costs, other than prod-
uct costs, that are expensed in the period 
in which they are incurred, such as selling 
expenses and general and administrative 
expenses. 
(iii) OTHER COSTS.—The term ‘‘other 
costs’’ means all costs recorded on the 
books of the producer that are not product 
costs or period costs, such as interest. 
(22) USED.—The term ‘‘used’’ means utilized 
or consumed in the production of goods. 
(o) PRESIDENTIAL PROCLAMATION AUTHORITY.— 
(1) IN GENERAL.—The President is authorized 
to proclaim, as part of the HTS— 
(A) the provisions set forth in Annex 4-A 
and Annex 6-A of the Agreement; and 
(B) any additional subordinate category 
that is necessary to carry out this title con-
sistent with the Agreement. 
(2) MODIFICATIONS.— 
(A) IN GENERAL.—Subject to the consulta-
tion and layover provisions of section 104, the 
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President may proclaim modifications to the 
provisions proclaimed under the authority of 
paragraph (1)(A), other than provisions of 
chapters 50 through 63 (as included in Annex 
4-A of the Agreement). 
(B) ADDITIONAL
PROCLAMATIONS.—Not-
withstanding subparagraph (A), and subject to 
the consultation and layover provisions of sec-
tion 104, the President may proclaim— 
(i) such modifications to the provi-
sions proclaimed under the authority of 
paragraph (1)(A) as are necessary to im-
plement an agreement with Korea pursu-
ant to article 4.2.5 of the Agreement; and 
(ii) before the end of the 1-year period 
beginning on the date on which the Agree-
ment enters into force, modifications to 
correct any typographical, clerical, or other 
nonsubstantive technical error regarding 
the provisions of chapters 50 through 63 
(as included in Annex 4-A of the Agree-
ment). 
(3) FIBERS, YARNS, OR FABRICS NOT AVAIL-
ABLE IN COMMERCIAL QUANTITIES IN THE UNITED 
STATES.— 
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(A) IN GENERAL.—Notwithstanding para-
graph (2)(A), the list of fibers, yarns, and fab-
rics set forth in the list of the United States in 
Appendix 4-B-1 of the Agreement may be modi-
fied as provided for in this paragraph. 
(B) DEFINITIONS.—In this paragraph: 
(i) INTERESTED ENTITY.—The term 
‘‘interested entity’’ means the Government 
of Korea, a potential or actual purchaser 
of a textile or apparel good, or a potential 
or actual supplier of a textile or apparel 
good. 
(ii) DAY; DAYS.—All references to 
‘‘day’’ and ‘‘days’’ exclude Saturdays, Sun-
days, and legal holidays observed by the 
Government of the United States. 
(C) REQUESTS TO ADD FIBERS, YARNS, OR 
FABRICS.— 
(i) IN GENERAL.—An interested entity 
may request the President to determine 
that a fiber, yarn, or fabric is not available 
in commercial quantities in a timely man-
ner in the United States and to add that 
fiber, yarn, or fabric to the list of the 
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United States in Appendix 4-B-1 of the 
Agreement. 
(ii) DETERMINATION.—After receiving 
a request under clause (i), the President 
may determine whether— 
(I) the fiber, yarn, or fabric is 
available in commercial quantities in a 
timely manner in the United States; 
or 
(II) any interested entity objects 
to the request. 
(iii) PROCLAMATION
AUTHORITY.— 
The President may, within the time peri-
ods specified in clause (iv), proclaim that 
the fiber, yarn, or fabric that is the subject 
of the request is added to the list of the 
United States in Appendix 4-B-1 of the 
Agreement, if the President has deter-
mined under clause (ii) that— 
(I) the fiber, yarn, or fabric is 
not available in commercial quantities 
in a timely manner in the United 
States; or 
(II) no interested entity has ob-
jected to the request. 
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(iv) TIME PERIODS.—The time peri-
ods within which the President may issue 
a proclamation under clause (iii) are— 
(I) not later than 30 days after 
the date on which a request is sub-
mitted under clause (i); or 
(II) not later than 60 days after 
the request is submitted, if the Presi-
dent determines, within 30 days after 
the date on which the request is sub-
mitted, that the President does not 
have sufficient information to make a 
determination under clause (ii). 
(v) 
EFFECTIVE
DATE.—Notwith-
standing section 103(a)(2), a proclamation 
made under clause (iii) shall take effect on 
the date on which the text of the proclama-
tion is published in the Federal Register. 
(D) DEEMED
DENIAL
OF
REQUEST.—If, 
after an interested entity submits a request 
under subparagraph (C)(i), the President does 
not, within 30 days of the expiration of the ap-
plicable time period specified in subparagraph 
(C)(iv), make a determination under subpara-
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