(I) goods taken from outer space, if the 
goods are obtained by a CAFTA–DR country or 
a person of a CAFTA–DR country and not 
processed in the territory of a country other 
than a CAFTA–DR country; 
(J) waste and scrap derived from—
(i) manufacturing or processing oper-
ations in the territory of one or more of 
the CAFTA–DR countries; or 
(ii) used goods collected in the terri-
tory of one or more of the CAFTA–DR 
countries, if such goods are fit only for the 
recovery of raw materials; 
(K) recovered goods derived in the terri-
tory of one or more of the CAFTA–DR coun-
tries from used goods, and used in the territory 
of a CAFTA–DR country in the production of 
remanufactured goods; and 
(L) goods produced in the territory of one 
or more of the CAFTA–DR countries exclu-
sively from—
(i) goods referred to in any of sub-
paragraphs (A) through (J), or 
(ii) the derivatives of goods referred 
to in clause (i),
at any stage of production. 
(7) IDENTICAL
GOODS.—The term ‘‘identical 
goods’’ means identical goods as defined in the 
Agreement on Implementation of Article VII of the 
General Agreement on Tariffs and Trade 1994 re-
ferred to in section 101(d)(8) of the Uruguay Round 
Agreements Act; 
(8) INDIRECT MATERIAL.—The term ‘‘indirect 
material’’ means a good used in the production, test-
ing, or inspection of a good but not physically incor-
porated into the good, or a good used in the mainte-
nance of buildings or the operation of equipment as-
sociated with the production of a good, including—
(A) fuel and energy; 
(B) tools, dies, and molds; 
(C) spare parts and materials used in the 
maintenance of equipment or buildings; 
(D) lubricants, greases, compounding ma-
terials, and other materials used in production 
or used to operate equipment or buildings; 
(E) gloves, glasses, footwear, clothing, 
safety equipment, and supplies; 
(F) equipment, devices, and supplies used 
for testing or inspecting the good; 
(G) catalysts and solvents; and
(H) any other goods that are not incor-
porated into the good but the use of which in 
the production of the good can reasonably be 
demonstrated to be a part of that production. 
(9) MATERIAL.—The term ‘‘material’’ means a 
good that is used in the production of another good, 
including a part or an ingredient. 
(10) MATERIAL
THAT
IS
SELF-PRODUCED.—
The term ‘‘material that is self-produced’’ means an 
originating material that is produced by a producer 
of a good and used in the production of that good. 
(11) MODEL
LINE.—The term ‘‘model line’’ 
means a group of motor vehicles having the same 
platform or model name. 
(12) NET COST.—The term ‘‘net cost’’ means 
total cost minus sales promotion, marketing, and 
after-sales service costs, royalties, shipping and 
packing costs, and non-allowable interest costs that 
are included in the total cost. 
(13) NONALLOWABLE INTEREST COSTS.—The 
term ‘‘nonallowable interest costs’’ means interest 
costs incurred by a producer that exceed 700 basis 
points above the applicable official interest rate for 
comparable maturities of the CAFTA–DR country 
in which the producer is located.
(14) NONORIGINATING
GOOD
OR
NONORIGI-
NATING
MATERIAL.—The terms ‘‘nonoriginating 
good’’ and ‘‘nonoriginating material’’ mean a good 
or material, as the case may be, that does not qual-
ify as originating under this section. 
(15) PACKING
MATERIALS
AND
CONTAINERS 
FOR SHIPMENT.—The term ‘‘packing materials and 
containers for shipment’’ means the goods used to 
protect a good during its transportation and does 
not include the packaging materials and containers 
in which a good is packaged for retail sale. 
(16) PREFERENTIAL
TARIFF
TREATMENT.—
The term ‘‘preferential tariff treatment’’ means the 
customs duty rate, and the treatment under article 
3.10.4 of the Agreement, that are applicable to an 
originating good pursuant to the Agreement. 
(17) PRODUCER.—The term ‘‘producer’’ means 
a person who engages in the production of a good 
in the territory of a CAFTA–DR country. 
(18) PRODUCTION.—The term ‘‘production’’ 
means growing, mining, harvesting, fishing, raising, 
trapping, hunting, manufacturing, processing, as-
sembling, or disassembling a good. 
(19) REASONABLY ALLOCATE.—The term ‘‘rea-
sonably allocate’’ means to apportion in a manner
that would be appropriate under generally accepted 
accounting principles. 
(20) RECOVERED
GOODS.—The term ‘‘recov-
ered goods’’ means materials in the form of indi-
vidual parts that are the result of—
(A) the disassembly of used goods into in-
dividual parts; and 
(B) the cleaning, inspecting, testing, or 
other processing that is necessary for improve-
ment to sound working condition of such indi-
vidual parts. 
(21) REMANUFACTURED GOOD.—The term ‘‘re-
manufactured good’’ means a good that is classified 
under chapter 84, 85, or 87, or heading 9026, 9031, 
or 9032, other than a good classified under heading 
8418 or 8516, 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 new 
good. 
(22) TOTAL
COST.—The term ‘‘total cost’’ 
means all product costs, period costs, and other 
costs for a good incurred in the territory of one or 
more of the CAFTA–DR countries.
(23) USED.—The term ‘‘used’’ means used 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 out in Annex 4.1 of 
the Agreement; and 
(B) any additional subordinate category 
necessary to carry out this title consistent with 
the Agreement. 
(2) FABRICS AND YARNS NOT AVAILABLE IN 
COMMERCIAL
QUANTITIES
IN
THE
UNITED 
STATES.—The President is authorized to proclaim 
that a fabric or yarn is added to the list in Annex 
3.25 of the Agreement in an unrestricted quantity, 
as provided in article 3.25.4(e) of the Agreement. 
(3) MODIFICATIONS.—
(A) IN GENERAL.—Subject to the consulta-
tion and layover provisions of section 104, the 
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 
4.1 of the Agreement.