Page:United States Statutes at Large Volume 117.djvu/934

 PUBLIC LAW 108–77—SEPT. 3, 2003

117 STAT. 915

(5) TARIFF-RATE QUOTAS.—If an agricultural safeguard good is subject to a tariff-rate quota, and the in-quota duty rate for the good proclaimed pursuant to subsection (a) or (b) is zero, any additional duty assessed under this subsection shall be applied only to over-quota imports of the good. (6) NOTICE.—Not later than 60 days after the Secretary of the Treasury first assesses additional duties on an agricultural safeguard good under this subsection, the Secretary shall notify the Government of Chile in writing of such action and shall provide to the Government of Chile data supporting the assessment of additional duties. (7) MODIFICATION OF TRIGGER PRICES.—Not later than 60 calendar days before agreeing with the Government of Chile pursuant to article 3.18(2)(b) of the Agreement on a modification to a trigger price for a good listed in Annex 3.18 of the Agreement, the President shall notify the Committees on Ways and Means and Agriculture of the House of Representatives and the Committees on Finance and Agriculture of the Senate of the proposed modification and the reasons therefor. (8) DEFINITIONS.—In this subsection: (A) AGRICULTURAL SAFEGUARD GOOD.—The term ‘‘agricultural safeguard good’’ means a good— (i) that qualifies as an originating good under section 202; (ii) that is included in the United States Agricultural Safeguard Product List set forth in Annex 3.18 of the Agreement; and (iii) for which a claim for preferential tariff treatment under the Agreement has been made. (B) F.O.B.—The term ‘‘F.O.B.’’ means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer. (C) UNIT IMPORT PRICE.—The term ‘‘unit import price’’ means the price expressed in dollars per kilogram. (d) CONVERSION TO AD VALOREM RATES.—For purposes of subsections (a) and (b), with respect to any good for which the base rate in the Schedule of the United States to Annex 3.3 of the Agreement is a specific or compound rate of duty, the President may substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate.

Applicability.

SEC. 202. RULES OF ORIGIN.

19 USC 3805 note.

(a) ORIGINATING GOODS.— (1) IN GENERAL.—For purposes of this Act and for purposes of implementing the tariff treatment provided for under the Agreement, except as otherwise provided in this section, a good is an originating good if— (A) the good is wholly obtained or produced entirely in the territory of Chile, the United States, or both; (B) the good— (i) is produced entirely in the territory of Chile, the United States, or both, and (I) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in Annex 4.1 of the Agreement, or

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