Page:United States Statutes at Large Volume 118.djvu/955

 118 STAT. 925 PUBLIC LAW 108–286—AUG. 3, 2004 (2) ADDITIONAL DUTIES.—In addition to any duty pro claimed under subsection (a) or (b) of section 201, and subject to subsection (a) of this section, the Secretary of the Treasury shall assess a duty on a horticulture safeguard good, in the amount determined under paragraph (3), if the Secretary deter mines that the unit import price of the good when it enters the United States is less than the trigger price for that good. (3) CALCULATION OF ADDITIONAL DUTY.—The additional duty assessed under this subsection on a horticulture safeguard good shall be an amount determined in accordance with the following table: If the excess of the trigger price over the unit import price is: The additional duty is an amount equal to: Not more than 10 percent of the trig ger price ........................................... 0. 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. (c) ADDITIONAL DUTIES ON BEEF SAFEGUARD GOODS BASED ON QUANTITY OF IMPORTS.— (1) DEFINITION.—In this subsection, the term ‘‘beef safe guard good’’ means a good— (A) that qualifies as an originating good under section 203; (B) that is listed in paragraph 3 of Annex I of the General Notes to the Schedule of the United States to Annex 2–B of the Agreement; and (C) for which a claim for preferential treatment under the Agreement has been made. (2) ADDITIONAL DUTIES.—In addition to any duty pro claimed under subsection (a) or (b) of section 201, and subject to subsection (a) of this section and paragraphs (4) and (5) of this subsection, the Secretary of the Treasury shall assess a duty, in the amount determined under paragraph (3), on a beef safeguard good imported into the United States in a calendar year if the Secretary determines that, prior to such importation, the total volume of beef safeguard goods imported into the United States in that calendar year is equal to or greater than 110 percent of the volume set out for beef safe guard goods in the corresponding year in the table contained in paragraph 3(a) of Annex I of the General Notes to the Schedule of the United States to Annex 2–B of the Agreement. For purposes of this subsection, the years 1 through 19 set out in the table contained in paragraph 3(a) of such Annex I correspond to the calendar years 2005 through 2023. (3) CALCULATION OF ADDITIONAL DUTY.—The additional duty on a beef safeguard good under this subsection shall

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