Page:United States Statutes at Large Volume 119.djvu/486

 119 STAT. 468 19 USC 4032.

SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS.

(a) GENERAL PROVISIONS.— (1) APPLICABILITY OF SUBSECTION.—This subsection applies to additional duties assessed under subsection (b). (2) APPLICABLE NTR (MFN) RATE OF DUTY.—For purposes of subsection (b), the term ‘‘applicable NTR (MFN) rate of duty’’ means, with respect to a safeguard good, a rate of duty that is the lesser of— (A) the column 1 general rate of duty that would, at the time the additional duty is imposed under subsection (b), apply to a good classifiable in the same 8-digit subheading of the HTS as the safeguard good; or (B) the column 1 general rate of duty that would, on the day before the date on which the Agreement enters into force, apply to a good classifiable in the same 8digit subheading of the HTS as the safeguard good. (3) SCHEDULE RATE OF DUTY.—For purposes of subsection (b), the term ‘‘schedule rate of duty’’ means, with respect to a safeguard good, the rate of duty for that good that is set out in the Schedule of the United States to Annex 3.3 of the Agreement. (4) SAFEGUARD GOOD.—In this section, the term ‘‘safeguard good’’ means a good— (A) that is included in the Schedule of the United States to Annex 3.15 of the Agreement; (B) that qualifies as an originating good under section 203, except that operations performed in or material obtained from the United States shall be considered as if the operations were performed in, and the material was obtained from, a country that is not a party to the Agreement; and (C) for which a claim for preferential tariff treatment under the Agreement has been made. (5) EXCEPTIONS.—No additional duty shall be assessed on a good under subsection (b) 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.). (6) TERMINATION.—The assessment of an additional duty on a good under subsection (b) shall cease to apply to that good on the date on which duty-free treatment must be provided to that good under the Schedule of the United States to Annex 3.3 of the Agreement. (7) NOTICE.—Not later than 60 days after the Secretary of the Treasury first assesses an additional duty in a calendar year on a good under subsection (b), the Secretary shall notify the country whose good is subject to the additional duty in writing of such action and shall provide to that country data supporting the assessment of the additional duty. (b) ADDITIONAL DUTIES ON SAFEGUARD GOODS.— (1) IN GENERAL.—In addition to any duty proclaimed under subsection (a) or (b) of section 201, and subject to subsection (a), the Secretary of the Treasury shall assess a duty, in the amount determined under paragraph (2), on a safeguard good of a CAFTA–DR country imported into the United States in a calendar year if the Secretary determines that, prior to such

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