United States-Peru Trade Promotion Agreement Implementation Act
PL 110-138 (H.R.3688), enacted 12/14/2007

121 STAT. 1455 
PUBLIC LAW 110–138—DEC. 14, 2007 
Public Law 110–138 
110th Congress 
An Act 
To implement the United States-Peru Trade Promotion 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 ‘‘United States- 
Peru Trade Promotion 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. Disclosure of incorrect information; false certifications oforigin; denial of 
preferential tariff treatment. 
Sec. 206. Reliquidation of entries. 
Sec. 207. Recordkeeping requirements. 
Sec. 208. Enforcement relating to trade in textile or apparel goods. 
Sec. 209. 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. 
Subtitle B—Textile and Apparel Safeguard Measures 
Sec. 321. Commencement of action for relief. 
Sec. 322. Determination and provision of relief. 
United States- 
Peru Trade 
Promotion 
Agreement 
Implementation 
Act. 
19 USC 3805 
note. 
Dec. 14, 2007 
[H.R. 3688] 
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121 STAT. 1456 
PUBLIC LAW 110–138—DEC. 14, 2007 
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 Peru. 
TITLE IV—PROCUREMENT 
Sec. 401. Eligible products. 
TITLE V—TRADE IN TIMBER PRODUCTS OF PERU 
Sec. 501. Enforcement relating to trade in timber products of Peru. 
Sec. 502. Report to Congress. 
TITLE VI—OFFSETS 
Sec. 601. Customs user fees. 
Sec. 602. Time for payment of corporate estimated taxes. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to approve and implement the free trade agreement 
between the United States and Peru 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 and Peru for their mutual benefit; 
(3) to establish free trade between the United States and 
Peru 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 United 
States-Peru Trade Promotion Agreement approved by Congress 
under section 101(a)(1). 
(2) COMMISSION.—The term ‘‘Commission’’ means the 
United States International Trade Commission. 
(3) HTS.—The term ‘‘HTS’’ means the Harmonized Tariff 
Schedule of the United States. 
(4) 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–C 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), Congress approves— 
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121 STAT. 1457 
PUBLIC LAW 110–138—DEC. 14, 2007 
(1) the United States-Peru Trade Promotion Agreement 
entered into on April 12, 2006, with the Government of Peru, 
as amended on June 24 and June 25, 2007, respectively, by 
the United States and Peru, and submitted to Congress on 
September 27, 2007; and 
(2) the statement of administrative action proposed to 
implement the Agreement that was submitted to Congress on 
September 27, 2007. 
(b) CONDITIONS FOR ENTRY INTO FORCE OF THE AGREEMENT.— 
At such time as the President determines that Peru has taken 
measures necessary to comply with those provisions of the Agree-
ment that are to take effect on the date on which the Agreement 
enters into force, the President is authorized to exchange notes 
with the Government of Peru providing for the entry into force, 
on or after January 1, 2008, of the Agreement with respect to 
the United States. 
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 
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— 
President. 
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121 STAT. 1458 
PUBLIC LAW 110–138—DEC. 14, 2007 
(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 on which the Agreement enters into force is appropriately 
implemented on such date, but no such proclamation or regula-
tion may have an effective date earlier than the date on which 
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 
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 the committees 
referred to in paragraph (2) regarding the proposed action 
during the period referred to in paragraph (3). 
Reports. 
President. 
Deadlines. 
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121 STAT. 1459 
PUBLIC LAW 110–138—DEC. 14, 2007 
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 21 of the 
Agreement. The office shall 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 2007 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 
21 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), 
this Act and the amendments made by this Act take effect on 
the date on which 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 THE AGREEMENT.—On the date on which 
the Agreement terminates, this Act (other than this subsection) 
and the amendments made by this Act shall cease to have effect. 
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 2.3, 2.5, 2.6, 3.3.13, and Annex 
2.3 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, on the date on which the Agreement enters 
into force, terminate the designation of Peru as a beneficiary 
developing country for purposes of title V of the Trade Act 
of 1974 (19 U.S.C. 2461 et seq.). 
(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 Peru regarding the staging of any duty treatment 
set forth in Annex 2.3 of the Agreement, 
President. 
President. 
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121 STAT. 1460 
PUBLIC LAW 110–138—DEC. 14, 2007 
(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 with respect to Peru 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 2.3 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. 
(d) TARIFF RATE QUOTAS.—In implementing the tariff rate 
quotas set forth in Appendix I to the Schedule of the United 
States to Annex 2.3 of the Agreement, the President shall take 
such action as may be necessary to ensure that imports of agricul-
tural goods do not disrupt the orderly marketing of commodities 
in the United States. 
SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS. 
(a) DEFINITIONS.—In this section: 
(1) APPLICABLE
NTR
(MFN)
RATE
OF
DUTY.—The term 
‘‘applicable NTR (MFN) rate of duty’’ means, with respect to 
a safeguard good, a rate of duty equal to the lowest of— 
(A) the base rate in the Schedule of the United States 
to Annex 2.3 of the Agreement; 
(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; or 
(C) 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. 
(2) SCHEDULE RATE OF DUTY.—The term ‘‘schedule rate 
of duty’’ means, with respect to a safeguard good, the rate 
of duty for that good that is set forth in the Schedule of 
the United States to Annex 2.3 of the Agreement. 
(3) SAFEGUARD GOOD.—The term ‘‘safeguard good’’ means 
a good— 
(A) that is included in the Schedule of the United 
States to Annex 2.18 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. 
(b) ADDITIONAL DUTIES ON SAFEGUARD GOODS.— 
(1) IN GENERAL.—In addition to any duty proclaimed under 
subsection (a) or (b) of section 201, the Secretary of the Treasury 
shall assess a duty, in the amount determined under paragraph 
(2), on a safeguard good imported into the United States in 
a calendar year if the Secretary determines that, prior to such 
importation, the total volume of that safeguard good that is 
imported into the United States in that calendar year exceeds 
President. 
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121 STAT. 1461 
PUBLIC LAW 110–138—DEC. 14, 2007 
130 percent of the volume that is provided for that safeguard 
good in the corresponding year in the applicable table contained 
in Appendix I of the General Notes to the Schedule of the 
United States to Annex 2.3 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 years 1 through 12, an amount equal to 100 
percent of the excess of the applicable NTR (MFN) rate 
of duty over the schedule rate of duty; and 
(B) in years 13 through 16, an amount equal to 50 
percent of the excess of the applicable NTR (MFN) rate 
of duty over the schedule rate of duty. 
(3) 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 this subsection, the Secretary shall notify 
the Government of Peru in writing of such action and shall 
provide to that Government data supporting the assessment 
of the additional duty. 
(c) 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— 
(1) subtitle A of title III of this Act; or 
(2) chapter 1 of title II of the Trade Act of 1974 (19 
U.S.C. 2251 et seq.). 
(d) 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 2.3 
of the Agreement. 
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 
Peru or the United States). 
(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 Peru, the United States, or both; 
(2) the good— 
(A) is produced entirely in the territory of Peru, the 
United States, or both, and— 
(i) each of the nonoriginating materials used in 
the production of the good undergoes an applicable 
Deadline. 
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121 STAT. 1462 
PUBLIC LAW 110–138—DEC. 14, 2007 
change in tariff classification specified in Annex 3– 
A or Annex 4.1 of the Agreement; or 
(ii) the good otherwise satisfies any applicable 
regional value-content or other requirements specified 
in Annex 3–A or 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 Peru, 
the United States, or both, 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.— 
(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 shall be calculated by 
the importer, exporter, or producer of the good, on the 
basis of the following net cost method: 
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121 STAT. 1463 
PUBLIC LAW 110–138—DEC. 14, 2007 
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 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 
one 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 the United States or Peru. 
(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 motor vehicles, and is 
produced in the same plant in the territory of 
Peru or the United States, as the good described 
in clause (i) for which regional value-content is 
being calculated; 
(II) is the same class of motor vehicles, and 
is produced in the same plant in the territory 
of Peru or the United States, 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 Peru or the United 
States 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 materials provided for in any of subheadings 
8407.31 through 8407.34, in subheading 8408.20, or in 
heading 8409, 8706, 8707, or 8708, that are produced in 
the same plant, an importer, exporter, or producer may— 
(i) average the amounts calculated under the for-
mula contained in subparagraph (A) over— 
(I) the fiscal year of the motor vehicle producer 
to whom the automotive goods are sold, 
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121 STAT. 1464 
PUBLIC LAW 110–138—DEC. 14, 2007 
(II) any quarter or month, or 
(III) the fiscal year of the producer of such 
goods, 
if the goods were produced during the fiscal year, 
quarter, or month that is the basis for the calculation; 
(ii) determine the average referred to in clause 
(i) separately for such goods sold to 1 or more motor 
vehicle producers; or 
(iii) make a separate determination under clause 
(i) or (ii) for such goods that are exported to the terri-
tory of Peru or the United States. 
(E) CALCULATING NET COST.—The importer, exporter, 
or producer of an automotive good shall, consistent with 
the provisions regarding allocation of costs provided for 
in generally accepted accounting principles, determine the 
net cost of the automotive good under subparagraph (B) 
by— 
(i) calculating the total cost incurred with respect 
to all goods produced by the producer of the automotive 
good, subtracting any sales promotion, marketing, and 
after-sales service costs, royalties, shipping and 
packing costs, and nonallowable interest costs that are 
included in the total cost of all such goods, and then 
reasonably allocating the resulting net cost of those 
goods to the automotive good; 
(ii) calculating the total cost incurred with respect 
to all goods produced by that producer, reasonably 
allocating the total cost to the automotive good, and 
then subtracting any sales promotion, marketing, and 
after-sales service costs, royalties, shipping and 
packing costs, and nonallowable interest costs that are 
included in the portion of the total cost allocated to 
the automotive good; or 
(iii) reasonably allocating each cost that forms part 
of the total cost incurred with respect to the automotive 
good so that the aggregate of these costs does not 
include any sales promotion, marketing, and after-sales 
service costs, royalties, shipping and packing costs, 
or nonallowable interest costs. 
(d) VALUE OF MATERIALS.— 
(1) IN
GENERAL.—For the purpose of calculating the 
regional value-content of a good under subsection (c), and for 
purposes of applying the de minimis rules under subsection 
(f), the value of a material is— 
(A) in the case of a material that is imported by the 
producer of the good, the adjusted value of the material; 
(B) in the case of a material acquired in the territory 
in which the good is produced, the value, determined in 
accordance with Articles 1 through 8, Article 15, and the 
corresponding interpretive notes, of the Agreement on 
Implementation of Article VII of the General Agreement 
on Tariffs and Trade 1994 referred to in section 101(d)(8) 
of the Uruguay Round Agreements Act (19 U.S.C. 
3511(d)(8)), as set forth in regulations promulgated by the 
Secretary of the Treasury providing for the application 
of such Articles in the absence of an importation by the 
producer; or 
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121 STAT. 1465 
PUBLIC LAW 110–138—DEC. 14, 2007 
(C) in the case of a material that is self-produced, 
the sum of— 
(i) all expenses incurred in the production of the 
material, including general expenses; and 
(ii) an amount for profit equivalent to the profit 
added in the normal course of trade. 
(2) FURTHER ADJUSTMENTS TO THE VALUE OF MATERIALS.— 
(A) ORIGINATING MATERIAL.—The following expenses, 
if not included in the value of an originating material 
calculated under paragraph (1), may be added to the value 
of the originating material: 
(i) The costs of freight, insurance, packing, and 
all other costs incurred in transporting the material 
within or between the territory of Peru, the United 
States, or both, to the location of the producer. 
(ii) Duties, taxes, and customs brokerage fees on 
the material paid in the territory of Peru, the United 
States, or both, other than duties or taxes that are 
waived, refunded, refundable, or otherwise recoverable, 
including credit against duty or tax paid or payable. 
(iii) The cost of waste and spoilage resulting from 
the use of the material in the production of the good, 
less the value of renewable scrap or byproducts. 
(B) 
NONORIGINATING
MATERIAL.—The 
following 
expenses, if included in the value of a nonoriginating mate-
rial calculated under paragraph (1), may be deducted from 
the value of the nonoriginating material: 
(i) The costs of freight, insurance, packing, and 
all other costs incurred in transporting the material 
within or between the territory of Peru, the United 
States, or both, to the location of the producer. 
(ii) Duties, taxes, and customs brokerage fees on 
the material paid in the territory of Peru, the United 
States, or both, other than duties or taxes that are 
waived, refunded, refundable, or otherwise recoverable, 
including credit against duty or tax paid or payable. 
(iii) The cost of waste and spoilage resulting from 
the use of the material in the production of the good, 
less the value of renewable scrap or byproducts. 
(iv) The cost of originating materials used in the 
production of the nonoriginating material in the terri-
tory of Peru, the United States, or both. 
(e) ACCUMULATION.— 
(1) ORIGINATING MATERIALS USED IN PRODUCTION OF GOODS 
OF ANOTHER COUNTRY.—Originating materials from the terri-
tory of Peru or the United States that are used in the production 
of a good in the territory of the other country shall be considered 
to originate in the territory of such other country. 
(2) MULTIPLE PRODUCERS.—A good that is produced in the 
territory of Peru, the United States, or both, by 1 or more 
producers, is an originating good if the good satisfies the 
requirements of subsection (b) and all other applicable require-
ments of this section. 
(f) DE MINIMIS AMOUNTS OF NONORIGINATING MATERIALS.— 
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121 STAT. 1466 
PUBLIC LAW 110–138—DEC. 14, 2007 
(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 4.1 of the Agreement is an origi-
nating good if— 
(A)(i) the value of all nonoriginating materials that— 
(I) are used in the production of the good, and 
(II) do not undergo the applicable change in tariff 
classification (set forth in Annex 4.1 of the Agreement), 
does not exceed 10 percent of the adjusted value of the 
good; 
(ii) the good meets all other applicable requirements 
of this section; and 
(iii) the value of such nonoriginating materials is 
included in the value of nonoriginating materials for any 
applicable regional value-content requirement for the good; 
or 
(B) the good meets the requirements set forth in para-
graph 2 of Annex 4.6 of the Agreement. 
(2) EXCEPTIONS.—Paragraph (1) does not apply to the fol-
lowing: 
(A) A nonoriginating material provided for in chapter 
4, or a nonoriginating dairy preparation containing over 
10 percent by weight of milk solids provided for in sub-
heading 1901.90 or 2106.90, that is used in the production 
of a good provided for in chapter 4. 
(B) A nonoriginating material provided for in chapter 
4, or a nonoriginating dairy preparation containing over 
10 percent by weight of milk solids provided for in sub-
heading 1901.90, that is used in the production of any 
of the following goods: 
(i) Infant preparations containing over 10 percent 
by weight of milk solids provided for in subheading 
1901.10. 
(ii) Mixes and doughs, containing over 25 percent 
by weight of butterfat, not put up for retail sale, pro-
vided for in subheading 1901.20. 
(iii) Dairy preparations containing over 10 percent 
by weight of milk solids provided for in subheading 
1901.90 or 2106.90. 
(iv) Goods provided for in heading 2105. 
(v) Beverages containing milk provided for in sub-
heading 2202.90. 
(vi) Animal feeds containing over 10 percent by 
weight of milk solids provided for in subheading 
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 fruit or 
vegetable juice of any single fruit or vegetable, fortified 
with minerals or vitamins, concentrated or unconcentrated, 
provided for in subheading 2106.90 or 2202.90. 
(D) A nonoriginating material provided for in heading 
0901 or 2101 that is used in the production of a good 
provided for in heading 0901 or 2101. 
(E) A nonoriginating material provided for in chapter 
15 that is used in the production of a good provided for 
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121 STAT. 1467 
PUBLIC LAW 110–138—DEC. 14, 2007 
in any of headings 1501 through 1508, or any of headings 
1511 through 1515. 
(F) 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. 
(G) A nonoriginating material provided for in chapter 
17 that is used in the production of a good provided for 
in subheading 1806.10. 
(H) Except as provided in subparagraphs (A) through 
(G) and Annex 4.1 of the Agreement, a nonoriginating 
material used in the production of a good provided for 
in any of chapters 1 through 24, unless the nonoriginating 
material is provided for in a different subheading than 
the good for which origin is being determined under this 
section. 
(I) A nonoriginating material that is a textile or apparel 
good. 
(3) TEXTILE OR APPAREL GOODS.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), a textile or apparel good that is not an originating 
good because certain fibers or yarns used in the production 
of the component of the good that determines the tariff 
classification of the good do not undergo an applicable 
change in tariff classification, set forth in Annex 3–A of 
the Agreement, shall be considered to be an originating 
good if— 
(i) the total weight of all such fibers or yarns 
in that component is not more than 10 percent of 
the total weight of that component; or 
(ii) the yarns are those described in section 
204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act 
(19 U.S.C. 3203(b)(3)(B)(vi)(IV)) (as in effect on the 
date of the enactment of this Act). 
(B) CERTAIN TEXTILE OR APPAREL GOODS.—A textile 
or apparel good containing elastomeric yarns in the compo-
nent of the good that determines the tariff classification 
of the good shall be considered to be an originating good 
only if such yarns are wholly formed in the territory of 
Peru, the United States, or both. 
(C) YARN, FABRIC, OR FIBER.—For purposes of this para-
graph, in the case of a good that is a yarn, fabric, or 
fiber, the term ‘‘component of the good that determines 
the tariff classification of the good’’ means all of the fibers 
in the good. 
(g) FUNGIBLE GOODS AND MATERIALS.— 
(1) IN GENERAL.— 
(A) CLAIM FOR PREFERENTIAL TARIFF TREATMENT.—A 
person claiming that a fungible good or fungible material 
is an originating good may base the claim either on the 
physical segregation of the fungible good or fungible mate-
rial or by using an inventory management method with 
respect to the fungible good or fungible material. 
(B) INVENTORY
MANAGEMENT
METHOD.—In this sub-
section, the term ‘‘inventory management method’’ means— 
(i) averaging; 
(ii) ‘‘last-in, first-out’’; 
(iii) ‘‘first-in, first-out’’; or 
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121 STAT. 1468 
PUBLIC LAW 110–138—DEC. 14, 2007 
(iv) any other method— 
(I) recognized in the generally accepted 
accounting principles of the country in which the 
production is performed (whether Peru or the 
United States); or 
(II) otherwise accepted by that country. 
(2) ELECTION OF INVENTORY METHOD.—A person selecting 
an inventory management method under paragraph (1) for 
a particular fungible good or fungible material shall continue 
to use that method for that fungible good or fungible material 
throughout the fiscal year of such person. 
(h) ACCESSORIES, SPARE PARTS, OR TOOLS.— 
(1) IN GENERAL.—Subject to paragraphs (2) and (3), acces-
sories, spare parts, or tools delivered with a good that form 
part of the good’s standard accessories, spare parts, or tools 
shall— 
(A) be treated as originating goods if the good is an 
originating good; and 
(B) be disregarded in determining whether all the non-
originating materials used in the production of the good 
undergo the applicable change in tariff classification set 
forth in Annex 4.1 of the Agreement. 
(2) CONDITIONS.—Paragraph (1) shall apply only if— 
(A) the accessories, spare parts, or tools are classified 
with and not invoiced separately from the good, regardless 
of whether such accessories, spare parts, or tools are speci-
fied or are separately identified in the invoice for the good; 
and 
(B) the quantities and value of the accessories, spare 
parts, or tools are customary for the good. 
(3) REGIONAL VALUE-CONTENT.—If the good is subject to 
a regional value-content requirement, the value of the acces-
sories, spare parts, or tools shall be taken into account as 
originating or nonoriginating materials, as the case may be, 
in calculating the regional value-content of the good. 
(i) PACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE.— 
Packaging materials and containers in which a good is packaged 
for retail sale, if classified with the good, shall be disregarded 
in determining whether all the nonoriginating materials used in 
the production of the good undergo the applicable change in tariff 
classification set forth in Annex 3–A or Annex 4.1 of the Agreement, 
and, if the good is subject to a regional value-content requirement, 
the value of such packaging materials and containers shall be 
taken into account as originating or nonoriginating materials, as 
the case may be, in calculating the regional value-content of the 
good. 
(j) PACKING MATERIALS
AND CONTAINERS
FOR SHIPMENT.— 
Packing materials and containers for shipment shall be disregarded 
in determining whether a good is an originating good. 
(k) INDIRECT MATERIALS.—An indirect material shall be treated 
as an originating material without regard to where it is produced. 
(l) TRANSIT AND TRANSHIPMENT.—A good that has undergone 
production necessary to qualify as an originating good under sub-
section (b) shall not be considered to be an originating good if, 
subsequent to that production, the good— 
(1) undergoes further production or any other operation 
outside the territory of Peru or the United States, other than 
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121 STAT. 1469 
PUBLIC LAW 110–138—DEC. 14, 2007 
unloading, reloading, or any other operation necessary to pre-
serve the good in good condition or to transport the good to 
the territory of Peru or the United States; or 
(2) does not remain under the control of customs authorities 
in the territory of a country other than Peru or the United 
States. 
(m) GOODS CLASSIFIABLE AS GOODS PUT UP IN SETS.—Notwith-
standing the rules set forth in Annex 3–A and Annex 4.1 of the 
Agreement, goods classifiable as goods put up in sets for retail 
sale as provided for in General Rule of Interpretation 3 of the 
HTS shall not be considered to be originating goods unless— 
(1) each of the goods in the set is an originating good; 
or 
(2) the total value of the nonoriginating goods in the set 
does not exceed— 
(A) in the case of textile or apparel goods, 10 percent 
of the adjusted value of the set; or 
(B) in the case of a good, other than a textile or 
apparel good, 15 percent of the adjusted value of the set. 
(n) DEFINITIONS.—In this section: 
(1) ADJUSTED VALUE.—The term ‘‘adjusted value’’ means 
the value determined in accordance with Articles 1 through 
8, Article 15, and the corresponding interpretive notes, of the 
Agreement on Implementation of Article VII of the General 
Agreement on Tariffs and Trade 1994 referred to in section 
101(d)(8) of the Uruguay Round Agreements Act (19 U.S.C. 
3511(d)(8)), adjusted, if necessary, to exclude any costs, charges, 
or expenses incurred for transportation, insurance, and related 
services incident to the international shipment of the merchan-
dise from the country of exportation to the place of importation. 
(2) CLASS OF MOTOR VEHICLES.—The term ‘‘class of motor 
vehicles’’ means any one of the following categories of motor 
vehicles: 
(A) Motor vehicles provided for in subheading 8701.20, 
8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or heading 
8705 or 8706, or motor vehicles for the transport of 16 
or more persons provided for in subheading 8702.10 or 
8702.90. 
(B) Motor vehicles provided for in subheading 8701.10 
or any of subheadings 8701.30 through 8701.90. 
(C) Motor vehicles for the transport of 15 or fewer 
persons provided for in subheading 8702.10 or 8702.90, 
or motor vehicles provided for in subheading 8704.21 or 
8704.31. 
(D) Motor vehicles provided for in any of subheadings 
8703.21 through 8703.90. 
(3) FUNGIBLE
GOOD
OR
FUNGIBLE
MATERIAL.—The term 
‘‘fungible good’’ or ‘‘fungible material’’ means a good or material, 
as the case may be, that is interchangeable with another good 
or material for commercial purposes and the properties of which 
are essentially identical to such other good or material. 
(4) GENERALLY
ACCEPTED
ACCOUNTING
PRINCIPLES.—The 
term ‘‘generally accepted accounting principles’’ means the rec-
ognized consensus or substantial authoritative support in the 
territory of Peru or the United States, as the case may be, 
with respect to the recording of revenues, expenses, costs, 
assets, and liabilities, the disclosure of information, and the 
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121 STAT. 1470 
PUBLIC LAW 110–138—DEC. 14, 2007 
preparation of financial statements. The principles may encom-
pass broad guidelines of general application as well as detailed 
standards, practices, and procedures. 
(5) GOOD
WHOLLY
OBTAINED
OR
PRODUCED
ENTIRELY
IN 
THE TERRITORY OF PERU, THE UNITED STATES, OR BOTH.—The 
term ‘‘good wholly obtained or produced entirely in the territory 
of Peru, the United States, or both’’ means any of the following: 
(A) Plants and plant products harvested or gathered 
in the territory of Peru, the United States, or both. 
(B) Live animals born and raised in the territory of 
Peru, the United States, or both. 
(C) Goods obtained in the territory of Peru, the United 
States, or both from live animals. 
(D) Goods obtained from hunting, trapping, fishing, 
or aquaculture conducted in the territory of Peru, the 
United States, or both. 
(E) Minerals and other natural resources not included 
in subparagraphs (A) through (D) that are extracted or 
taken from the territory of Peru, the United States, or 
both. 
(F) Fish, shellfish, and other marine life taken from 
the sea, seabed, or subsoil outside the territory of Peru 
or the United States by— 
(i) a vessel that is registered or recorded with 
Peru and flying the flag of Peru; or 
(ii) a vessel that is documented under the laws 
of the United States. 
(G) Goods produced on board a factory ship from goods 
referred to in subparagraph (F), if such factory ship— 
(i) is registered or recorded with Peru and flies 
the flag of Peru; or 
(ii) is a vessel that is documented under the laws 
of the United States. 
(H)(i) Goods taken by Peru or a person of Peru from 
the seabed or subsoil outside the territorial waters of Peru, 
if Peru has rights to exploit such seabed or subsoil. 
(ii) Goods taken by the United States or a person 
of the United States from the seabed or subsoil outside 
the territorial waters of the United States, if the United 
States has rights to exploit such seabed or subsoil. 
(I) Goods taken from outer space, if the goods are 
obtained by Peru or the United States or a person of 
Peru or the United States and not processed in the territory 
of a country other than Peru or the United States. 
(J) Waste and scrap derived from— 
(i) manufacturing or processing operations in the 
territory of Peru, the United States, or both; or 
(ii) used goods collected in the territory of Peru, 
the United States, or both, if such goods are fit only 
for the recovery of raw materials. 
(K) Recovered goods derived in the territory of Peru, 
the United States, or both, from used goods, and used 
in the territory of Peru, the United States, or both, in 
the production of remanufactured goods. 
(L) Goods, at any stage of production, produced in 
the territory of Peru, the United States, or both, exclusively 
from— 
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121 STAT. 1471 
PUBLIC LAW 110–138—DEC. 14, 2007 
(i) goods referred to in any of subparagraphs (A) 
through (J), or 
(ii) the derivatives of goods referred to in clause 
(i). 
(6) IDENTICAL GOODS.—The term ‘‘identical goods’’ means 
goods that are the same in all respects relevant to the rule 
of origin that qualifies the goods as originating goods. 
(7) INDIRECT
MATERIAL.—The term ‘‘indirect material’’ 
means a good used in the production, testing, or inspection 
of another good but not physically incorporated into that other 
good, or a good used in the maintenance of buildings or the 
operation of equipment associated with the production of 
another 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 materials, and 
other materials used in production or used to operate equip-
ment or buildings; 
(E) gloves, glasses, footwear, clothing, safety equip-
ment, 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 incorporated into 
the other good but the use of which in the production 
of the other good can reasonably be demonstrated to be 
a part of that production. 
(8) MATERIAL.—The term ‘‘material’’ means a good that 
is used in the production of another good, including a part 
or an ingredient. 
(9) 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. 
(10) MODEL LINE OF MOTOR VEHICLES.—The term ‘‘model 
line of motor vehicles’’ means a group of motor vehicles having 
the same platform or model name. 
(11) NET COST.—The term ‘‘net cost’’ means total cost minus 
sales promotion, marketing, and after-sales service costs, royal-
ties, shipping and packing costs, and non-allowable interest 
costs that are included in the total cost. 
(12) NONALLOWABLE INTEREST COSTS.—The term ‘‘nonallow-
able 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 country in which 
the producer is located. 
(13) NONORIGINATING
GOOD
OR
NONORIGINATING
MATE-
RIAL.—The terms ‘‘nonoriginating good’’ and ‘‘nonoriginating 
material’’ mean a good or material, as the case may be, that 
does not qualify as originating under this section. 
(14) PACKING MATERIALS AND CONTAINERS FOR SHIPMENT.— 
The term ‘‘packing materials and containers for shipment’’ 
means goods used to protect another good during its transpor-
tation and does not include the packaging materials and con-
tainers in which the other good is packaged for retail sale. 
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121 STAT. 1472 
PUBLIC LAW 110–138—DEC. 14, 2007 
(15) PREFERENTIAL TARIFF TREATMENT.—The term ‘‘pref-
erential tariff treatment’’ means the customs duty rate, and 
the treatment under article 2.10.4 of the Agreement, that are 
applicable to an originating good pursuant to the Agreement. 
(16) PRODUCER.—The term ‘‘producer’’ means a person who 
engages in the production of a good in the territory of Peru 
or the United States. 
(17) PRODUCTION.—The term ‘‘production’’ means growing, 
mining, harvesting, fishing, raising, trapping, hunting, manu-
facturing, processing, assembling, or disassembling a good. 
(18) REASONABLY ALLOCATE.—The term ‘‘reasonably allo-
cate’’ means to apportion in a manner that would be appropriate 
under generally accepted accounting principles. 
(19) RECOVERED
GOODS.—The term ‘‘recovered goods’’ 
means materials in the form of individual parts that are the 
result of— 
(A) the disassembly of used goods into individual parts; 
and 
(B) the cleaning, inspecting, testing, or other processing 
that is necessary for improvement to sound working condi-
tion of such individual parts. 
(20) REMANUFACTURED GOOD.—The term ‘‘remanufactured 
good’’ means an industrial good assembled in the territory 
of Peru or the United States, or both, that is classified under 
chapter 84, 85, 87, or 90 or heading 9402, other than a good 
classified under heading 8418 or 8516, and that— 
(A) is entirely or partially comprised of recovered goods; 
and 
(B) has a similar life expectancy and enjoys 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 Peru, 
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 divi-
dends, or taxes paid on those profits, including capital 
gains taxes. 
(B) OTHER DEFINITIONS.—In this paragraph: 
(i) PRODUCT
COSTS.—The term ‘‘product costs’’ 
means costs that are associated with the production 
of a good and include the value of materials, direct 
labor costs, and direct overhead. 
(ii) PERIOD COSTS.—The term ‘‘period costs’’ means 
costs, other than product 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— 
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121 STAT. 1473 
PUBLIC LAW 110–138—DEC. 14, 2007 
(A) the provisions set forth in Annex 3–A and Annex 
4.1 of the Agreement; and 
(B) any additional subordinate category that is nec-
essary 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 author-
ized to proclaim that a fabric or yarn is added to the list 
in Annex 3–B of the Agreement in an unrestricted quantity, 
as provided in article 3.3.5(e) of the Agreement. 
(3) MODIFICATIONS.— 
(A) IN GENERAL.—Subject to the consultation and lay-
over provisions of section 104, the President may proclaim 
modifications to the provisions proclaimed under the 
authority of paragraph (1)(A), other than provisions of chap-
ters 50 through 63 (as included in Annex 3–A of the Agree-
ment). 
(B) 
ADDITIONAL
PROCLAMATIONS.—Notwithstanding 
subparagraph (A), and subject to the consultation and lay-
over provisions of section 104, the President may proclaim 
before the end of the 1-year period beginning on the date 
of the enactment of this Act, modifications to correct any 
typographical, clerical, or other nonsubstantive technical 
error regarding the provisions of chapters 50 through 63 
(as included in Annex 3–A of the Agreement). 
(4) FABRICS, YARNS, OR FIBERS NOT AVAILABLE IN COMMER-
CIAL QUANTITIES IN PERU AND THE UNITED STATES.— 
(A) IN GENERAL.—Notwithstanding paragraph (3)(A), 
the list of fabrics, yarns, and fibers set forth in Annex 
3–B of the Agreement may be modified as provided for 
in this paragraph. 
(B) DEFINITIONS.—In this paragraph: 
(i) The term ‘‘interested entity’’ means the Govern-
ment of Peru, a potential or actual purchaser of a 
textile or apparel good, or a potential or actual supplier 
of a textile or apparel good. 
(ii) All references to ‘‘day’’ and ‘‘days’’ exclude 
Saturdays, Sundays, and legal holidays observed by 
the Government of the United States. 
(C) REQUESTS TO ADD FABRICS, YARNS, OR FIBERS.— 
(i) An interested entity may request the President to deter-
mine that a fabric, yarn, or fiber is not available in commer-
cial quantities in a timely manner in Peru and the United 
States and to add that fabric, yarn, or fiber to the list 
in Annex 3–B of the Agreement in a restricted or unre-
stricted quantity. 
(ii) After receiving a request under clause (i), the Presi-
dent may determine whether— 
(I) the fabric, yarn, or fiber is available in commer-
cial quantities in a timely manner in Peru or the 
United States; or 
(II) any interested entity objects to the request. 
(iii) The President may, within the time periods speci-
fied in clause (iv), proclaim that the fabric, yarn, or fiber 
that is the subject of the request is added to the list 
in Annex 3–B of the Agreement in an unrestricted quantity, 
Deadline. 
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121 STAT. 1474 
PUBLIC LAW 110–138—DEC. 14, 2007 
or in any restricted quantity that the President may estab-
lish, if the President has determined under clause (ii) 
that— 
(I) the fabric, yarn, or fiber is not available in 
commercial quantities in a timely manner in Peru 
and the United States; or 
(II) no interested entity has objected to the request. 
(iv) The time periods 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 submitted under clause (i); or 
(II) not later than 44 days after the request is 
submitted, if the President determines, within 30 days 
after the date on which the request is submitted, that 
the President does not have sufficient information to 
make a determination under clause (ii). 
(v) Notwithstanding section 103(a)(2), a proclamation 
made under clause (iii) shall take effect on the date on 
which the text of the proclamation is published in the 
Federal Register. 
(vi) Not later than 6 months after proclaiming under 
clause (iii) that a fabric, yarn, or fiber is added to the 
list in Annex 3–B of the Agreement in a restricted quantity, 
the President may eliminate the restriction if the President 
determines that the fabric, yarn, or fiber is not available 
in commercial quantities in a timely manner in Peru and 
the United States. 
(D) DEEMED
APPROVAL
OF
REQUEST.—If, after an 
interested entity submits a request under subparagraph 
(C)(i), the President does not, within the applicable time 
period specified in subparagraph (C)(iv), make a determina-
tion under subparagraph (C)(ii) regarding the request, the 
fabric, yarn, or fiber that is the subject of the request 
shall be considered to be added, in an unrestricted quantity, 
to the list in Annex 3–B of the Agreement beginning— 
(i) 45 days after the date on which the request 
was submitted; or 
(ii) 60 days after the date on which the request 
was submitted, if the President made a determination 
under subparagraph (C)(iv)(II). 
(E) REQUESTS TO RESTRICT OR REMOVE FABRICS, YARNS, 
OR FIBERS.—(i) Subject to clause (ii), an interested entity 
may request the President to restrict the quantity of, or 
remove from the list in Annex 3–B of the Agreement, 
any fabric, yarn, or fiber— 
(I) that has been added to that list in an unre-
stricted quantity pursuant to paragraph (2) or subpara-
graph (C)(iii) or (D) of this paragraph; or 
(II) with respect to which the President has elimi-
nated a restriction under subparagraph (C)(vi). 
(ii) An interested entity may submit a request under 
clause (i) at any time beginning 6 months after the date 
of the action described in subclause (I) or (II) of that 
clause. 
(iii) Not later than 30 days after the date on which 
a request under clause (i) is submitted, the President may 
proclaim an action provided for under clause (i) if the 
Deadline. 
Submission 
period. 
Effective date. 
Deadline. 
Effective date. 
Deadlines. 
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121 STAT. 1475 
PUBLIC LAW 110–138—DEC. 14, 2007 
President determines that the fabric, yarn, or fiber that 
is the subject of the request is available in commercial 
quantities in a timely manner in Peru or the United States. 
(iv) A proclamation under clause (iii) shall take effect 
no earlier than the date that is 6 months after the date 
on which the text of the proclamation is published in the 
Federal Register. 
(F) PROCEDURES.—The President shall establish proce-
dures— 
(i) governing the submission of a request under 
subparagraphs (C) and (E); and 
(ii) providing an opportunity for interested entities 
to submit comments and supporting evidence before 
the President makes a determination under subpara-
graph (C) (ii) or (vi) or (E)(iii). 
SEC. 204. CUSTOMS USER FEES. 
Section 13031(b) of the Consolidated Omnibus Budget Reconcili-
ation Act of 1985 (19 U.S.C. 58c(b)) is amended by adding after 
paragraph (17) the following: 
‘‘(18) No fee may be charged under subsection (a) (9) or (10) 
with respect to goods that qualify as originating goods under section 
203 of the United States-Peru Trade Promotion Agreement 
Implementation Act. Any service for which an exemption from 
such fee is provided by reason of this paragraph may not be funded 
with money contained in the Customs User Fee Account.’’. 
SEC. 205. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFI-
CATIONS OF ORIGIN; DENIAL OF PREFERENTIAL TARIFF 
TREATMENT. 
(a) DISCLOSURE OF INCORRECT INFORMATION.—Section 592 of 
the Tariff Act of 1930 (19 U.S.C. 1592) is amended— 
(1) in subsection (c)— 
(A) by redesignating paragraph (10) as paragraph (11); 
and 
(B) by inserting after paragraph (9) the following new 
paragraph: 
‘‘(10) PRIOR
DISCLOSURE
REGARDING
CLAIMS
UNDER
THE 
UNITED
STATES-PERU
TRADE
PROMOTION
AGREEMENT.—An 
importer shall not be subject to penalties under subsection 
(a) for making an incorrect claim that a good qualifies as 
an originating good under section 203 of the United States- 
Peru Trade Promotion Agreement Implementation Act if the 
importer, in accordance with regulations issued by the Sec-
retary of the Treasury, promptly and voluntarily makes a cor-
rected declaration and pays any duties owing with respect 
to that good.’’; and 
(2) by adding at the end the following new subsection: 
‘‘(i) FALSE CERTIFICATIONS
OF ORIGIN UNDER
THE UNITED 
STATES-PERU TRADE PROMOTION AGREEMENT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), it is unlawful 
for any person to certify falsely, by fraud, gross negligence, 
or negligence, in a PTPA certification of origin (as defined 
in section 508(h)(1)(B) of this Act) that a good exported from 
the United States qualifies as an originating good under the 
rules of origin provided for in section 203 of the United States- 
Peru Trade Promotion Agreement Implementation Act. The 
Applicability. 
President. 
Effective date. 
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121 STAT. 1476 
PUBLIC LAW 110–138—DEC. 14, 2007 
procedures and penalties of this section that apply to a violation 
of subsection (a) also apply to a violation of this subsection. 
‘‘(2) PROMPT AND VOLUNTARY DISCLOSURE OF INCORRECT 
INFORMATION.—No penalty shall be imposed under this sub-
section if, promptly after an exporter or producer that issued 
a PTPA certification of origin has reason to believe that such 
certification contains or is based on incorrect information, the 
exporter or producer voluntarily provides written notice of such 
incorrect information to every person to whom the certification 
was issued. 
‘‘(3) EXCEPTION.—A person shall not be considered to have 
violated paragraph (1) if— 
‘‘(A) the information was correct at the time it was 
provided in a PTPA certification of origin but was later 
rendered incorrect due to a change in circumstances; and 
‘‘(B) the person promptly and voluntarily provides writ-
ten notice of the change in circumstances to all persons 
to whom the person provided the certification.’’. 
(b) DENIAL OF PREFERENTIAL TARIFF TREATMENT.—Section 514 
of the Tariff Act of 1930 (19 U.S.C. 1514) is amended by adding 
at the end the following new subsection: 
‘‘(i) DENIAL OF PREFERENTIAL TARIFF TREATMENT UNDER THE 
UNITED STATES-PERU TRADE PROMOTION AGREEMENT.—If U.S. Cus-
toms and Border Protection or U.S. Immigration and Customs 
Enforcement of the Department of Homeland Security finds indica-
tions of a pattern of conduct by an importer, exporter, or producer 
of false or unsupported representations that goods qualify under 
the rules of origin provided for in section 203 of the United States- 
Peru Trade Promotion Agreement Implementation Act, U.S. Cus-
toms and Border Protection, in accordance with regulations issued 
by the Secretary of the Treasury, may suspend preferential tariff 
treatment under the United States-Peru Trade Promotion Agree-
ment to entries of identical goods covered by subsequent representa-
tions by that importer, exporter, or producer until U.S. Customs 
and Border Protection determines that representations of that per-
son are in conformity with such section 203.’’. 
SEC. 206. RELIQUIDATION OF ENTRIES. 
Subsection (d) of section 520 of the Tariff Act of 1930 (19 
U.S.C. 1520(d)) is amended in the matter preceding paragraph 
(1)— 
(1) by striking ‘‘or’’; and 
(2) by striking ‘‘for which’’ and inserting ‘‘, or section 203 
of the United States-Peru Trade Promotion Agreement 
Implementation Act for which’’. 
SEC. 207. RECORDKEEPING REQUIREMENTS. 
Section 508 of the Tariff Act of 1930 (19 U.S.C. 1508) is 
amended— 
(1) by redesignating subsection (h) as subsection (i); 
(2) by inserting after subsection (g) the following new sub-
section: 
‘‘(h) CERTIFICATIONS OF ORIGIN FOR GOODS EXPORTED UNDER 
THE UNITED STATES-PERU TRADE PROMOTION AGREEMENT.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) RECORDS AND SUPPORTING DOCUMENTS.—The term 
‘records and supporting documents’ means, with respect 
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121 STAT. 1477 
PUBLIC LAW 110–138—DEC. 14, 2007 
to an exported good under paragraph (2), records and docu-
ments related to the origin of the good, including— 
‘‘(i) the purchase, cost, and value of, and payment 
for, the good; 
‘‘(ii) the purchase, cost, and value of, and payment 
for, all materials, including indirect materials, used 
in the production of the good; and 
‘‘(iii) the production of the good in the form in 
which it was exported. 
‘‘(B) PTPA CERTIFICATION OF ORIGIN.—The term ‘PTPA 
certification of origin’ means the certification established 
under article 4.15 of the United States-Peru Trade Pro-
motion Agreement that a good qualifies as an originating 
good under such Agreement. 
‘‘(2) EXPORTS TO PERU.—Any person who completes and 
issues a PTPA certification of origin for a good exported from 
the United States shall make, keep, and, pursuant to rules 
and regulations promulgated by the Secretary of the Treasury, 
render for examination and inspection all records and sup-
porting documents related to the origin of the good (including 
the certification or copies thereof). 
‘‘(3) RETENTION PERIOD.—The person who issues a PTPA 
certification of origin shall keep the records and supporting 
documents relating to that certification of origin for a period 
of at least 5 years after the date on which the certification 
is issued.’’; and 
(3) in subsection (i), as so redesignated— 
(A) by striking ‘‘(f) or (g)’’ and inserting ‘‘(f), (g), or 
(h)’’; and 
(B) by striking ‘‘either such subsection’’ and inserting 
‘‘any such subsection’’. 
SEC. 208. ENFORCEMENT RELATING TO TRADE IN TEXTILE OR 
APPAREL GOODS. 
(a) ACTION DURING VERIFICATION.— 
(1) IN GENERAL.—If the Secretary of the Treasury requests 
the Government of Peru to conduct a verification pursuant 
to article 3.2 of the Agreement for purposes of making a deter-
mination under paragraph (2), the President may direct the 
Secretary to take appropriate action described in subsection 
(b) while the verification is being conducted. 
(2) DETERMINATION.—A determination under this para-
graph is a determination of the Secretary that— 
(A) an exporter or producer in Peru is complying with 
applicable customs laws, regulations, and procedures 
regarding trade in textile or apparel goods; or 
(B) a claim that a textile or apparel good exported 
or produced by such exporter or producer— 
(i) qualifies as an originating good under section 
203, or 
(ii) is a good of Peru, 
is accurate. 
(b) APPROPRIATE ACTION DESCRIBED.—Appropriate action under 
subsection (a)(1) includes— 
(1) suspension of preferential tariff treatment under the 
Agreement with respect to— 
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121 STAT. 1478 
PUBLIC LAW 110–138—DEC. 14, 2007 
(A) any textile or apparel good exported or produced 
by the person that is the subject of a verification under 
subsection (a)(1) regarding compliance described in sub-
section (a)(2)(A), if the Secretary determines that there 
is insufficient information to support any claim for pref-
erential tariff treatment that has been made with respect 
to any such good; or 
(B) the textile or apparel good for which a claim of 
preferential tariff treatment has been made that is the 
subject of a verification under subsection (a)(1) regarding 
a claim described in subsection (a)(2)(B), if the Secretary 
determines that there is insufficient information to support 
that claim; 
(2) denial of preferential tariff treatment under the Agree-
ment with respect to— 
(A) any textile or apparel good exported or produced 
by the person that is the subject of a verification under 
subsection (a)(1) regarding compliance described in sub-
section (a)(2)(A), if the Secretary determines that the per-
son has provided incorrect information to support any claim 
for preferential tariff treatment that has been made with 
respect to any such good; or 
(B) the textile or apparel good for which a claim of 
preferential tariff treatment has been made that is the 
subject of a verification under subsection (a)(1) regarding 
a claim described in subsection (a)(2)(B), if the Secretary 
determines that a person has provided incorrect informa-
tion to support that claim; 
(3) detention of any textile or apparel good exported or 
produced by the person that is the subject of a verification 
under subsection (a)(1) regarding compliance described in sub-
section (a)(2)(A) or a claim described in subsection (a)(2)(B), 
if the Secretary determines that there is insufficient informa-
tion to determine the country of origin of any such good; and 
(4) denial of entry into the United States of any textile 
or apparel good exported or produced by the person that is 
the subject of a verification under subsection (a)(1) regarding 
compliance described in subsection (a)(2)(A) or a claim described 
in subsection (a)(2)(B), if the Secretary determines that the 
person has provided incorrect information as to the country 
of origin of any such good. 
(c) ACTION ON COMPLETION OF A VERIFICATION.—On completion 
of a verification under subsection (a), the President may direct 
the Secretary to take appropriate action described in subsection 
(d) until such time as the Secretary receives information sufficient 
to make the determination under subsection (a)(2) or until such 
earlier date as the President may direct. 
(d) APPROPRIATE ACTION DESCRIBED.—Appropriate action under 
subsection (c) includes— 
(1) denial of preferential tariff treatment under the Agree-
ment with respect to— 
(A) any textile or apparel good exported or produced 
by the person that is the subject of a verification under 
subsection (a)(1) regarding compliance described in sub-
section (a)(2)(A), if the Secretary determines that there 
is insufficient information to support, or that the person 
has provided incorrect information to support, any claim 
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121 STAT. 1479 
PUBLIC LAW 110–138—DEC. 14, 2007 
for preferential tariff treatment that has been made with 
respect to any such good; or 
(B) the textile or apparel good for which a claim of 
preferential tariff treatment has been made that is the 
subject of a verification under subsection (a)(1) regarding 
a claim described in subsection (a)(2)(B), if the Secretary 
determines that there is insufficient information to support, 
or that a person has provided incorrect information to 
support, that claim; and 
(2) denial of entry into the United States of any textile 
or apparel good exported or produced by the person that is 
the subject of a verification under subsection (a)(1) regarding 
compliance described in subsection (a)(2)(A) or a claim described 
in subsection (a)(2)(B), if the Secretary determines that there 
is insufficient information to determine, or that the person 
has provided incorrect information as to, the country of origin 
of any such good. 
(e) PUBLICATION
OF NAME
OF PERSON.—In accordance with 
article 3.2.6 of the Agreement, the Secretary may publish the name 
of any person that the Secretary has determined— 
(1) is engaged in circumvention of applicable laws, regula-
tions, or procedures affecting trade in textile or apparel goods; 
or 
(2) has failed to demonstrate that it produces, or is capable 
of producing, textile or apparel goods. 
SEC. 209. REGULATIONS. 
The Secretary of the Treasury shall prescribe such regulations 
as may be necessary to carry out— 
(1) subsections (a) through (n) of section 203; 
(2) the amendment made by section 204; and 
(3) any proclamation issued under section 203(o). 
TITLE III—RELIEF FROM IMPORTS 
SEC. 301. DEFINITIONS. 
In this title: 
(1) PERUVIAN ARTICLE.—The term ‘‘Peruvian article’’ means 
an article that qualifies as an originating good under section 
203(b). 
(2) PERUVIAN
TEXTILE
OR
APPAREL
ARTICLE.—The term 
‘‘Peruvian textile or apparel article’’ means a textile or apparel 
good (as defined in section 3(4)) that is a Peruvian article. 
Subtitle A—Relief From Imports Benefiting 
From the Agreement 
SEC. 311. COMMENCING OF ACTION FOR RELIEF. 
(a) FILING OF PETITION.—A petition requesting action under 
this subtitle for the purpose of adjusting to the obligations of 
the United States under the Agreement may be filed with the 
Commission by an entity, including a trade association, firm, cer-
tified or recognized union, or group of workers, that is representa-
tive of an industry. The Commission shall transmit a copy of any 
Records. 
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121 STAT. 1480 
PUBLIC LAW 110–138—DEC. 14, 2007 
petition filed under this subsection to the United States Trade 
Representative. 
(b) INVESTIGATION
AND DETERMINATION.—Upon the filing of 
a petition under subsection (a), the Commission, unless subsection 
(d) applies, shall promptly initiate an investigation to determine 
whether, as a result of the reduction or elimination of a duty 
provided for under the Agreement, a Peruvian article is being 
imported into the United States in such increased quantities, in 
absolute terms or relative to domestic production, and under such 
conditions that imports of the Peruvian article constitute a substan-
tial cause of serious injury or threat thereof to the domestic industry 
producing an article that is like, or directly competitive with, the 
imported article. 
(c) APPLICABLE PROVISIONS.—The following provisions of section 
202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect 
to any investigation initiated under subsection (b): 
(1) Paragraphs (1)(B) and (3) of subsection (b). 
(2) Subsection (c). 
(3) Subsection (i). 
(d) ARTICLES EXEMPT FROM INVESTIGATION.—No investigation 
may be initiated under this section with respect to any Peruvian 
article if, after the date on which the Agreement enters into force, 
import relief has been provided with respect to that Peruvian article 
under this subtitle. 
SEC. 312. COMMISSION ACTION ON PETITION. 
(a) DETERMINATION.—Not later than 120 days after the date 
on which an investigation is initiated under section 311(b) with 
respect to a petition, the Commission shall make the determination 
required under that section. 
(b) APPLICABLE PROVISIONS.—For purposes of this subtitle, the 
provisions of paragraphs (1), (2), and (3) of section 330(d) of the 
Tariff Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) shall be 
applied with respect to determinations and findings made under 
this section as if such determinations and findings were made 
under section 202 of the Trade Act of 1974 (19 U.S.C. 2252). 
(c) ADDITIONAL FINDING AND RECOMMENDATION IF DETERMINA-
TION AFFIRMATIVE.— 
(1) IN
GENERAL.—If the determination made by the 
Commission under subsection (a) with respect to imports of 
an article is affirmative, or if the President may consider a 
determination of the Commission to be an affirmative deter-
mination as provided for under paragraph (1) of section 330(d) 
of the Tariff Act of 1930 (19 U.S.C. 1330(d)), the Commission 
shall find, and recommend to the President in the report 
required under subsection (d), the amount of import relief that 
is necessary to remedy or prevent the injury found by the 
Commission in the determination and to facilitate the efforts 
of the domestic industry to make a positive adjustment to 
import competition. 
(2) LIMITATION ON RELIEF.—The import relief recommended 
by the Commission under this subsection shall be limited to 
the relief described in section 313(c). 
(3) VOTING; SEPARATE VIEWS.—Only those members of the 
Commission who voted in the affirmative under subsection 
(a) are eligible to vote on the proposed action to remedy or 
prevent the injury found by the Commission. Members of the 
Deadline. 
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121 STAT. 1481 
PUBLIC LAW 110–138—DEC. 14, 2007 
Commission who did not vote in the affirmative may submit, 
in the report required under subsection (d), separate views 
regarding what action, if any, should be taken to remedy or 
prevent the injury. 
(d) REPORT TO PRESIDENT.—Not later than the date that is 
30 days after the date on which a determination is made under 
subsection (a) with respect to an investigation, the Commission 
shall submit to the President a report that includes— 
(1) the determination made under subsection (a) and an 
explanation of the basis for the determination; 
(2) if the determination under subsection (a) is affirmative, 
any findings and recommendations for import relief made under 
subsection (c) and an explanation of the basis for each rec-
ommendation; and 
(3) any dissenting or separate views by members of the 
Commission regarding the determination referred to in para-
graph (1) and any finding or recommendation referred to in 
paragraph (2). 
(e) PUBLIC NOTICE.—Upon submitting a report to the President 
under subsection (d), the Commission shall promptly make public 
the report (with the exception of information which the Commission 
determines to be confidential) and shall publish a summary of 
the report in the Federal Register. 
SEC. 313. PROVISION OF RELIEF. 
(a) IN GENERAL.—Not later than the date that is 30 days 
after the date on which the President receives the report of the 
Commission in which the Commission’s determination under section 
312(a) is affirmative, or which contains a determination under 
section 312(a) that the President considers to be affirmative under 
paragraph (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 
1330(d)(1)), the President, subject to subsection (b), shall provide 
relief from imports of the article that is the subject of such deter-
mination to the extent that the President determines necessary 
to remedy or prevent the injury found by the Commission and 
to facilitate the efforts of the domestic industry to make a positive 
adjustment to import competition. 
(b) EXCEPTION.—The President is not required to provide import 
relief under this section if the President determines that the provi-
sion of the import relief will not provide greater economic and 
social benefits than costs. 
(c) NATURE OF RELIEF.— 
(1) IN GENERAL.—The import relief that the President is 
authorized to provide under this section with respect to imports 
of an article is as follows: 
(A) The suspension of any further reduction provided 
for under Annex 2.3 of the Agreement in the duty imposed 
on the article. 
(B) An increase in the rate of duty imposed on the 
article to a level that does not exceed the lesser of— 
(i) the column 1 general rate of duty imposed under 
the HTS on like articles at the time the import relief 
is provided; or 
(ii) the column 1 general rate of duty imposed 
under the HTS on like articles on the day before the 
date on which the Agreement enters into force. 
Deadline. 
President. 
Federal Register, 
publication. 
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121 STAT. 1482 
PUBLIC LAW 110–138—DEC. 14, 2007 
(2) PROGRESSIVE LIBERALIZATION.—If the period for which 
import relief is provided under this section is greater than 
1 year, the President shall provide for the progressive liberaliza-
tion (described in article 8.2.2 of the Agreement) of such relief 
at regular intervals during the period of its application. 
(d) PERIOD OF RELIEF.— 
(1) IN GENERAL.—Subject to paragraph (2), any import relief 
that the President provides under this section may not be 
in effect for more than 2 years. 
(2) EXTENSION.— 
(A) IN
GENERAL.—Subject to subparagraph (C), the 
President, after receiving a determination from the 
Commission under subparagraph (B) that is affirmative, 
or which the President considers to be affirmative under 
paragraph (1) of section 330(d) of the Tariff Act of 1930 
(19 U.S.C. 1330(d)(1)), may extend the effective period of 
any import relief provided under this section by up to 
2 years, if the President determines that— 
(i) the import relief continues to be necessary to 
remedy or prevent serious injury and to facilitate 
adjustment by the domestic industry to import competi-
tion; and 
(ii) there is evidence that the industry is making 
a positive adjustment to import competition. 
(B) ACTION BY COMMISSION.— 
(i) INVESTIGATION.—Upon a petition on behalf of 
the industry concerned that is filed with the Commis-
sion not earlier than the date that is 9 months, and 
not later than the date that is 6 months, before the 
date on which any action taken under subsection (a) 
is to terminate, the Commission shall conduct an inves-
tigation to determine whether action under this section 
continues to be necessary to remedy or prevent serious 
injury and whether there is evidence that the industry 
is making a positive adjustment to import competition. 
(ii) NOTICE AND HEARING.—The Commission shall 
publish notice of the commencement of any proceeding 
under this subparagraph in the Federal Register and 
shall, within a reasonable time thereafter, hold a public 
hearing at which the Commission shall afford 
interested parties and consumers an opportunity to 
be present, to present evidence, and to respond to 
the presentations of other parties and consumers, and 
otherwise to be heard. 
(iii) REPORT.—The Commission shall submit to the 
President a report on its investigation and determina-
tion under this subparagraph not later than 60 days 
before the action under subsection (a) is to terminate, 
unless the President specifies a different date. 
(C) PERIOD OF IMPORT RELIEF.—Any import relief pro-
vided under this section, including any extensions thereof, 
may not, in the aggregate, be in effect for more than 
4 years. 
(e) RATE AFTER TERMINATION OF IMPORT RELIEF.—When import 
relief under this section is terminated with respect to an article— 
Federal Register, 
publication. 
Filing period. 
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121 STAT. 1483 
PUBLIC LAW 110–138—DEC. 14, 2007 
(1) the rate of duty on that article after such termination 
and on or before December 31 of the year in which such termi-
nation occurs shall be the rate that, according to the Schedule 
of the United States to Annex 2.3 of the Agreement, would 
have been in effect 1 year after the provision of relief under 
subsection (a); and 
(2) the rate of duty for that article after December 31 
of the year in which such termination occurs shall be, at the 
discretion of the President, either— 
(A) the applicable rate of duty for that article set 
forth in the Schedule of the United States to Annex 2.3 
of the Agreement; or 
(B) the rate of duty resulting from the elimination 
of the tariff in equal annual stages ending on the date 
set forth in the Schedule of the United States to Annex 
2.3 of the Agreement for the elimination of the tariff. 
(f) ARTICLES EXEMPT FROM RELIEF.—No import relief may be 
provided under this section on— 
(1) any article that is subject to import relief under— 
(A) subtitle B; or 
(B) chapter 1 of title II of the Trade Act of 1974 
(19 U.S.C. 2251 et seq.); or 
(2) any article on which an additional duty assessed under 
section 202(b) is in effect. 
SEC. 314. TERMINATION OF RELIEF AUTHORITY. 
(a) GENERAL RULE.—Subject to subsection (b), no import relief 
may be provided under this subtitle after the date that is 10 
years after the date on which the Agreement enters into force. 
(b) EXCEPTION.—If an article for which relief is provided under 
this subtitle is an article for which the period for tariff elimination, 
set forth in the Schedule of the United States to Annex 2.3 of 
the Agreement, is greater than 10 years, no relief under this subtitle 
may be provided for that article after the date on which that 
period ends. 
SEC. 315. COMPENSATION AUTHORITY. 
For purposes of section 123 of the Trade Act of 1974 (19 
U.S.C. 2133), any import relief provided by the President under 
section 313 shall be treated as action taken under chapter 1 of 
title II of such Act (19 U.S.C. 2251 et seq.). 
SEC. 316. CONFIDENTIAL BUSINESS INFORMATION. 
Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) 
is amended in the first sentence— 
(1) by striking ‘‘and’’; and 
(2) by inserting before the period at the end ‘‘, and title 
III of the United States-Peru Trade Promotion Agreement 
Implementation Act’’. 
Subtitle B—Textile and Apparel Safeguard 
Measures 
SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF. 
(a) IN GENERAL.—A request for action under this subtitle for 
the purpose of adjusting to the obligations of the United States 
President. 
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121 STAT. 1484 
PUBLIC LAW 110–138—DEC. 14, 2007 
under the Agreement may be filed with the President by an 
interested party. Upon the filing of a request, the President shall 
review the request to determine, from information presented in 
the request, whether to commence consideration of the request. 
(b) PUBLICATION OF REQUEST.—If the President determines that 
the request under subsection (a) provides the information necessary 
for the request to be considered, the President shall publish in 
the Federal Register a notice of commencement of consideration 
of the request, and notice seeking public comments regarding the 
request. The notice shall include a summary of the request and 
the dates by which comments and rebuttals must be received. 
SEC. 322. DETERMINATION AND PROVISION OF RELIEF. 
(a) DETERMINATION.— 
(1) IN GENERAL.—If a positive determination is made under 
section 321(b), the President shall determine whether, as a 
result of the elimination of a duty under the Agreement, a 
Peruvian textile or apparel article is being imported into the 
United States in such increased quantities, in absolute terms 
or relative to the domestic market for that article, and under 
such conditions as to cause serious damage, or actual threat 
thereof, to a domestic industry producing an article that is 
like, or directly competitive with, the imported article. 
(2) SERIOUS DAMAGE.—In making a determination under 
paragraph (1), the President— 
(A) shall examine the effect of increased imports on 
the domestic industry, as reflected in changes in such rel-
evant economic factors as output, productivity, utilization 
of capacity, inventories, market share, exports, wages, 
employment, domestic prices, profits and losses, and invest-
ment, no one of which is necessarily decisive; and 
(B) shall not consider changes in consumer preference 
or changes in technology in the United States as factors 
supporting a determination of serious damage or actual 
threat thereof. 
(b) PROVISION OF RELIEF.— 
(1) IN GENERAL.—If a determination under subsection (a) 
is affirmative, the President may provide relief from imports 
of the article that is the subject of such determination, as 
provided in paragraph (2), to the extent that the President 
determines necessary to remedy or prevent the serious damage 
and to facilitate adjustment by the domestic industry. 
(2) NATURE OF RELIEF.—The relief that the President is 
authorized to provide under this subsection with respect to 
imports of an article is an increase in the rate of duty imposed 
on the article to a level that does not exceed the lesser of— 
(A) the column 1 general rate of duty imposed under 
the HTS on like articles at the time the import relief 
is provided; or 
(B) the column 1 general rate of duty imposed under 
the HTS on like articles on the day before the date on 
which the Agreement enters into force. 
SEC. 323. PERIOD OF RELIEF. 
(a) IN GENERAL.—Subject to subsection (b), the import relief 
that the President provides under section 322(b) may not be in 
effect for more than 2 years. 
(b) EXTENSION.— 
President. 
Federal Register, 
publication. 
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121 STAT. 1485 
PUBLIC LAW 110–138—DEC. 14, 2007 
(1) IN GENERAL.—Subject to paragraph (2), the President 
may extend the effective period of any import relief provided 
under this subtitle for a period of not more than 1 year, if 
the President determines that— 
(A) the import relief continues to be necessary to 
remedy or prevent serious damage and to facilitate adjust-
ment by the domestic industry to import competition; and 
(B) there is evidence that the industry is making a 
positive adjustment to import competition. 
(2) LIMITATION.—Any relief provided under this subtitle, 
including any extensions thereof, may not, in the aggregate, 
be in effect for more than 3 years. 
SEC. 324. ARTICLES EXEMPT FROM RELIEF. 
The President may not provide import relief under this subtitle 
with respect to an article if— 
(1) import relief previously has been provided under this 
subtitle with respect to that article; or 
(2) the article is subject to import relief under— 
(A) subtitle A; or 
(B) chapter 1 of title II of the Trade Act of 1974 
(19 U.S.C. 2251 et seq.). 
SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF. 
On the date on which import relief under this subtitle is termi-
nated with respect to an article, the rate of duty on that article 
shall be the rate that would have been in effect, but for the provision 
of such relief. 
SEC. 326. TERMINATION OF RELIEF AUTHORITY. 
No import relief may be provided under this subtitle with 
respect to any article after the date that is 5 years after the 
date on which the Agreement enters into force. 
SEC. 327. COMPENSATION AUTHORITY. 
For purposes of section 123 of the Trade Act of 1974 (19 
U.S.C. 2133), any import relief provided by the President under 
this subtitle shall be treated as action taken under chapter 1 
of title II of such Act (19 U.S.C. 2251 et seq.). 
SEC. 328. CONFIDENTIAL BUSINESS INFORMATION. 
The President may not release information received in connec-
tion with an investigation or determination under this subtitle 
which the President considers to be confidential business informa-
tion unless the party submitting the confidential business informa-
tion had notice, at the time of submission, that such information 
would be released by the President, or such party subsequently 
consents to the release of the information. To the extent a party 
submits confidential business information, the party shall also pro-
vide a nonconfidential version of the information in which the 
confidential business information is summarized or, if necessary, 
deleted. 
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121 STAT. 1486 
PUBLIC LAW 110–138—DEC. 14, 2007 
Subtitle C—Cases Under Title II of the 
Trade Act of 1974 
SEC. 331. FINDINGS AND ACTION ON GOODS OF PERU. 
(a) EFFECT OF IMPORTS.—If, in any investigation initiated under 
chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 
et seq.), the Commission makes an affirmative determination (or 
a determination which the President may treat as an affirmative 
determination under such chapter by reason of section 330(d) of 
the Tariff Act of 1930), the Commission shall also find (and report 
to the President at the time such injury determination is submitted 
to the President) whether imports of the article of Peru that qualify 
as originating goods under section 203(b) are a substantial cause 
of serious injury or threat thereof. 
(b) PRESIDENTIAL
DETERMINATION
REGARDING
IMPORTS
OF 
PERU.—In determining the nature and extent of action to be taken 
under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 
2251 et seq.), the President may exclude from the action goods 
of Peru with respect to which the Commission has made a negative 
finding under subsection (a). 
TITLE IV—PROCUREMENT 
SEC. 401. ELIGIBLE PRODUCTS. 
Section 308(4)(A) of the Trade Agreements Act of 1979 (19 
U.S.C. 2518(4)(A)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (v); 
(2) by striking the period at the end of clause (vi) and 
inserting ‘‘; or’’; and 
(3) by adding at the end the following new clause: 
‘‘(vii) a party to the United States-Peru Trade Pro-
motion Agreement, a product or service of that country 
or instrumentality which is covered under that agree-
ment for procurement by the United States.’’. 
TITLE V—TRADE IN TIMBER PRODUCTS 
OF PERU 
SEC. 501. ENFORCEMENT RELATING TO TRADE IN TIMBER PRODUCTS 
OF PERU. 
(a) ESTABLISHMENT OF INTERAGENCY COMMITTEE.—Not later 
than 90 days after the date on which the Agreement enters into 
force, the President shall establish an Interagency Committee (in 
this section referred to as the ‘‘Committee’’). The Committee shall 
be responsible for overseeing the implementation of Annex 18.3.4 
of the Agreement, including by undertaking such actions and 
making such determinations provided for in this section that are 
not otherwise authorized under law. 
(b) AUDIT.—The Committee may request that the Government 
of Peru conduct an audit, pursuant to paragraph 6(b) of Annex 
18.3.4 of the Agreement, to determine whether a particular producer 
Deadline. 
President. 
Reports. 
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121 STAT. 1487 
PUBLIC LAW 110–138—DEC. 14, 2007 
or exporter in Peru is complying with all applicable laws, regula-
tions, and other measures of Peru governing the harvest of, and 
trade in, timber products. 
(c) VERIFICATION.— 
(1) IN GENERAL.—The Committee may request the Govern-
ment of Peru to conduct a verification, pursuant to paragraph 
7 of Annex 18.3.4 of the Agreement, for the purpose of deter-
mining whether, with respect to a particular shipment of timber 
products from Peru to the United States, the producer or 
exporter of the products has complied with applicable laws, 
regulations, and other measures of Peru governing the harvest 
of, and trade in, the products. 
(2) ACTIONS OF COMMITTEE.—If the Committee requests 
a verification under paragraph (1), the Committee shall— 
(A) to the extent authorized under law, provide the 
Government of Peru with trade and transit documents 
and other information to assist Peru in conducting the 
verification; and 
(B) direct U.S. Customs and Border Protection to take 
any appropriate action described in paragraph (4). 
(3) REQUEST TO PARTICIPATE IN VERIFICATION VISIT.—The 
Committee may request the Government of Peru to permit 
officials of any agency represented on the Committee to partici-
pate in any visit conducted by Peru of the premises of a person 
that is the subject of the verification requested under paragraph 
(1) (in this section referred to as a ‘‘verification visit’’). Such 
request shall be submitted in writing not later than 10 days 
before any scheduled verification visit and shall identify the 
names and titles of the officials intending to participate. 
(4) APPROPRIATE
ACTION
PENDING
THE
RESULTS
OF 
VERIFICATION.—While the results of a verification requested 
under paragraph (1) are pending, the Committee may direct 
U.S. Customs and Border Protection to— 
(A) detain the shipment that is the subject of the 
verification; or 
(B) if the Committee has requested under paragraph 
(3) to have an official of any agency represented on the 
Committee participate in the verification visit and the 
Government of Peru has denied the request, deny entry 
to the shipment that is the subject of the verification. 
(5) DETERMINATION UPON RECEIPT OF REPORT.— 
(A) IN GENERAL.—Within a reasonable time after the 
Government of Peru provides a report to the Committee 
describing the results of a verification requested under 
paragraph (1), the Committee shall determine whether any 
action is appropriate. 
(B) DETERMINATION OF APPROPRIATE ACTION.—In deter-
mining the appropriate action to take and the duration 
of the action, the Committee shall consider any relevant 
factors, including— 
(i) the verification report issued by the Government 
of Peru; 
(ii) any information that officials of the United 
States have obtained regarding the shipment or person 
that is the subject of the verification; and 
(iii) any information that officials of the United 
States have obtained during a verification visit. 
Deadline. 
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121 STAT. 1488 
PUBLIC LAW 110–138—DEC. 14, 2007 
(6) NOTIFICATION.—Before directing that action be taken 
under paragraph (7), the Committee shall notify the Govern-
ment of Peru in writing of the action that will be taken and 
the duration of the action. 
(7) APPROPRIATE
ACTION.—If the Committee makes an 
affirmative determination under paragraph (5), it may take 
any action with respect to the shipment that was the subject 
of the verification, or the products of the relevant producer 
or exporter, that the Committee considers appropriate, 
including directing U.S. Customs and Border Protection to— 
(A) deny entry to the shipment; 
(B) if a determination has been made that a producer 
or exporter has knowingly provided false information to 
officials of Peru or the United States regarding a shipment, 
deny entry to products of that producer or exporter derived 
from any tree species listed in Appendices to the Conven-
tion on International Trade in Endangered Species of Wild 
Fauna and Flora, done at Washington March 3, 1973 (27 
UST 1087; TIAS 8249); or 
(C) take any other action the Committee determines 
to be appropriate. 
(8) TERMINATION
OF
APPROPRIATE
ACTION.—Any action 
under paragraph (7)(B) shall terminate not later than the later 
of— 
(A) the end of the period specified in the written 
notification pursuant to paragraph (6); or 
(B) 15 days after the date on which the Government 
of Peru submits to the United States the results of an 
audit under paragraph 6 of Annex 18.3.4 of the Agreement 
that concludes that the person has complied with all 
applicable laws, regulations, and other measures of Peru 
governing the harvest of, and trade in, timber products. 
(9) FAILURE TO PROVIDE VERIFICATION REPORT.—If the Com-
mittee determines that the Government of Peru has failed 
to provide a verification report, as required by paragraph 12 
of Annex 18.3.4 of the Agreement, the Committee may take 
such action with respect to the relevant exporter’s timber prod-
ucts as the Committee considers appropriate, including any 
action described in paragraph (7). 
(d) CONFIDENTIALITY
OF INFORMATION.—The Committee and 
any agency represented on the Committee shall not disclose to 
the public, except with the specific permission of the Government 
of Peru, any documents or information received in the course of 
an audit under subsection (b) or in the course of a verification 
under subsection (c). 
(e) PUBLICLY AVAILABLE INFORMATION.—The Committee shall 
make any information exchanged with Peru under paragraph 17 
of Annex 18.3.4 of the Agreement publicly available in a timely 
manner, in accordance with paragraph 18 of Annex 18.3.4 of the 
Agreement. 
(f) COORDINATION WITH OTHER LAWS.— 
(1) ENDANGERED
SPECIES
ACT; LACEY
ACT.—In imple-
menting this section, the Secretary of Agriculture, the Secretary 
of the Interior, the Secretary of Homeland Security, and the 
Secretary of the Treasury shall provide for appropriate 
coordination with the administration of the Endangered Species 
Deadline. 
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121 STAT. 1489 
PUBLIC LAW 110–138—DEC. 14, 2007 
Act of 1973 (16 U.S.C. 1531 et seq.) and the Lacey Act Amend-
ments of 1981 (16 U.S.C. 3371 et seq.). 
(2) OTHER LAWS.—Nothing in this section supersedes or 
limits in any manner the functions or authority of the Secretary 
of Agriculture, the Secretary of the Interior, the Secretary 
of Homeland Security, or the Secretary of the Treasury under 
any other law, including laws relating to prohibited or restricted 
importations or possession of animals, plants, or other articles. 
(3) EFFECT OF DETERMINATION.—No determination under 
this section shall preclude any proceeding or be considered 
determinative of any issue of fact or law in any proceeding 
under any law administered by the Secretary of Agriculture, 
the Secretary of the Interior, the Secretary of Homeland Secu-
rity, or the Secretary of the Treasury. 
(g) FURTHER IMPLEMENTATION.—The Secretary of Agriculture, 
the Secretary of the Interior, the Secretary of Homeland Security, 
and the Secretary of the Treasury, in consultation with the Com-
mittee, shall prescribe such regulations as are necessary to carry 
out this section. 
(h) RESOURCES FOR IMPLEMENTATION.—Not later than 90 days 
after the date on which the Agreement enters into force, and as 
appropriate thereafter, the President shall consult with the Com-
mittee on Finance of the Senate and the Committee on Ways 
and Means of the House of Representatives on the resources, 
including staffing, needed to implement Annex 18.3.4 of the Agree-
ment. 
SEC. 502. REPORT TO CONGRESS. 
(a) IN GENERAL.—The United States Trade Representative, in 
consultation with the appropriate agencies, including U.S. Customs 
and Border Protection, the United States Fish and Wildlife Service, 
the Animal and Plant Health Inspection Service, the Forest Service, 
and the Department of State, shall report to the Committee on 
Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives on— 
(1) steps the United States and Peru have taken to carry 
out Annex 18.3.4 of the Agreement; and 
(2) activities related to forest sector governance carried 
out under the Environmental Cooperation Agreement entered 
into between the United States and Peru on July 24, 2006. 
(b) TIMING OF REPORT.—The United States Trade Representa-
tive shall report to the Committee on Finance of the Senate and 
the Committee on Ways and Means of the House of Representatives 
under subsection (a)— 
(1) not later than 1 year after the date on which the 
Agreement enters into force; 
(2) not later than 2 years after the date on which the 
Agreement enters into force; and 
(3) periodically thereafter. 
TITLE VI—OFFSETS 
SEC. 601. CUSTOMS USER FEES. 
(a) Section 13031(j)(3)(A) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is amended by 
striking ‘‘October 21, 2014’’ and inserting ‘‘December 13, 2014’’. 
Deadline. 
President. 
Regulations. 
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121 STAT. 1490 
PUBLIC LAW 110–138—DEC. 14, 2007 
LEGISLATIVE HISTORY—H.R. 3688 (S. 2113): 
HOUSE REPORTS: No. 110–421 (Comm. on Ways and Means). 
CONGRESSIONAL RECORD, Vol. 153 (2007): 
Nov. 7, 8, considered and passed House. 
Dec. 3, 4, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007): 
Dec. 14, Presidential remarks. 
(b) Section 13031(j)(3)(B)(i) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(B)(i)) is amended 
by striking ‘‘October 7, 2014’’ and inserting ‘‘December 13, 2014’’. 
SEC. 602. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES. 
Subparagraph (B) of section 401(1) of the Tax Increase Preven-
tion and Reconciliation Act of 2005 (26 U.S.C. 6655 note) is amended 
by striking ‘‘115 percent’’ and inserting ‘‘115.75 percent’’. 
Approved December 14, 2007. 
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