Page:United States Statutes at Large Volume 118.djvu/1139

 118 STAT. 1109 PUBLIC LAW 108–302—AUG. 17, 2004 More than 10 percent but not more than 40 percent of the trigger price 30 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty. More than 40 percent but not more than 60 percent of the trigger price 50 percent of such excess. More than 60 percent but not more than 75 percent of the trigger price 70 percent of such excess. More than 75 percent of the trigger price .................................................. 100 percent of such excess. (3) EXCEPTIONS.—No additional duty shall be assessed on a good under this subsection if, at the time of entry, the good is subject to import relief under— (A) subtitle A of title III of this Act; or (B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). (4) TERMINATION.—The assessment of an additional duty on a good under this subsection shall cease to apply to that good on the date on which duty free treatment must be provided to that good under the Tariff Schedule of the United States to Annex IV of the Agreement. (5) TARIFF RATE QUOTAS.—If an agricultural safeguard good is subject to a tariff rate quota under the Agreement, 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 date on which the Secretary of the Treasury assesses an additional duty on a good under this subsection, the Secretary shall notify the Government of Morocco in writing of such action and shall provide to the Government of Morocco data supporting the assessment of additional duties. 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 heading or sub heading, such reference shall be a reference to a heading or subheading of the HTS. (b) ORIGINATING GOODS.— (1) IN GENERAL.—For purposes of this Act and for purposes of implementing the preferential tariff treatment provided for under the Agreement, a good is an originating good if— (A) the good is imported directly— (i) from the territory of Morocco into the territory of the United States; or (ii) from the territory of the United States into the territory of Morocco; and (B)(i) the good is a good wholly the growth, product, or manufacture of Morocco or the United States, or both; (ii) the good (other than a good to which clause (iii) applies) is a new or different article of commerce that has been grown, produced, or manufactured in Morocco, the United States, or both, and meets the requirements of paragraph (2); or (iii)(I) the good is a good covered by Annex 4–A or 5–A of the Agreement; 19 USC 3805 note. Deadline.

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