Page:United States Statutes at Large Volume 108 Part 6.djvu/394

 108 STAT. 4962 PUBLIC LAW 103-465—DEC. 8, 1994 (B) the trigger price specified in subparagraph 1(b) of Article 5; and (C) the relevant period. President. (fe) DETERMINATION OF SAFEGUARD.— If the President determines with respect to a special safeguard agricultural good that it is appropriate to impose— (1) the price-based safeguard in accordance with subparagraph 1(a) 01 Article 5; or (2) the volume-based safeguard in accordance with subparagraph 1(b) of Article 5, the President shall, consistent with Article 5 as determined by the President, determine the amount of the duty to be imposed, the period such duty shall be in effect, and any other terms and conditions applicable to the duty. President. (c) IMPOSITION OF SAFEGUARD.The President shall direct the Secretary of the Treasury to impose a duty on a special safeguard agricultural good entered, or withdrawn from warehouse, for consumption m the United States in accordance with a determination made under subsection (b). (d) No SIMULTANEOUS SAFEGUARD.^A duty may not be in effect for a special safeguard agricultural good piu^uant to this section during any period in which such good is the subject of any action proclaimed pursuant to section 202 or 203 of the Trade Act of 1974 (19 U.S.C. 2252 or 2253). (e) EXCLUSION OF NAFTA COUNTRIES.— The President may exempt from any duty imposed under this section any good originating in a NAFTA country (as determined in accordance with section 202 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3332)). (f) ADVICE OF SECRETARY OF AGRICULTURE.— The Secretary of Agriculture shall advise the President on the implementation of this section. (g) TERMINATION DATE. —This section shall cease to be effective on the date, as determined by the President, that the special ssifeguard provisions of Article 5 are no longer in force with respect to the United States. (h) DEFINITIONS. —For purposes of this section— (1) the term "Article 5" means Article 5 of the Agreement on Agriculture described in section 101(d)(2); (2) the term "relevant period" means the period determined by the President to be applicable to a special safeguard agricultural good for purposes of^applying this section; and (3) the term "special safeguard agricultural good" means an agricultural good on which an additional duty may be imposed pursuant to the special safeguard provisions of Article 5. PART II—EXPORTS Export Enhancement Program Amendments of 1994. 7 USC 5601 note. SEC. 411. EXPORT PROGRAMS. (a) EXPORT ENHANCEMENT PROGRAM.— (1) SHORT TITLE.— T h is subsection may be cited as the "Export Enhancement Program Amendments of 1994". (2) TITLE HEADING. —-Title III of the Agricultural Trade Act of 1978 (7 U.S.C. 5651 et seq.) is amended by striking the title heading and inserting the following:

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