Page:United States Statutes at Large Volume 118.djvu/957

 118 STAT. 927 PUBLIC LAW 108–286—AUG. 3, 2004 (iii) SECOND CALENDAR QUARTER.—The term ‘‘second calendar quarter’’ means the calendar quarter beginning on April 1. (iv) THIRD CALENDAR QUARTER.—The term ‘‘third calendar quarter’’ means the calendar quarter begin ning on July 1. (v) FOURTH CALENDAR QUARTER.—The term ‘‘fourth calendar quarter’’ means the calendar quarter begin ning on October 1. (C) MONTHLY AVERAGE INDEX PRICE.—The term ‘‘monthly average index price’’ means the simple average, as determined by the Secretary of Agriculture, for a cal endar month of the daily average index prices for Wholesale Boxed Beef Cut Out Value Select 1–3 Central U.S. 600– 750 lbs., or its equivalent, as such simple average is reported by the Agricultural Marketing Service of the Department of Agriculture in Report LM–XB459 or any equivalent report. (D) 24 MONTH TRIGGER PRICE.—The term ‘‘24 month trigger price’’ means, with respect to any calendar month, the average of the monthly average index prices for the 24 preceding calendar months, multiplied by 0.935. (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) through (6) 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 if— (A)(i) the good is imported in the first calendar quarter, second calendar quarter, or third calendar quarter of a calendar year; and (ii) the monthly average index price, in any 2 calendar months of the preceding calendar quarter, is less than the 24 month trigger price; or (B)(i) the good is imported in the fourth calendar quarter of a calendar year; and (ii)(I) the monthly average index price, in any 2 cal endar months of the preceding calendar quarter, is less than the 24 month trigger price; or (II) the monthly average index price, in any of the 4 calendar months preceding January 1 of the succeeding calendar year, is less than the 24 month trigger price. (3) CALCULATION OF ADDITIONAL DUTY.—The additional duty on a beef safeguard good under this subsection shall be an amount equal to 65 percent of the applicable NTR (MFN) rate of duty for that good. (4) LIMITATION.—An additional duty shall be assessed under this subsection on a beef safeguard good imported into the United States in a calendar year only if, prior to the importation of that good, the total quantity of beef safeguard goods imported into the United States in that calendar year is equal to or greater than the sum of— (A) the quantity of goods of Australia eligible to enter the United States in that year specified in Additional United States Note 3 to Chapter 2 of the HTS; and (B)(i) in 2023, 70,420 metric tons; or

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