Sec. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS
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## SEC. 202 ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS ###
(a)Definitions In this section: ####
(1)Applicable ntr
(mfn)rate of duty The term “applicable NTR
(MFN)rate of duty” means, with respect to a safeguard good, a rate of duty equal to the lowest of— #####
(A)the base rate in the Schedule of the United States to Annex 3.3 of the Agreement; #####
(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 8-digit subheading of the HTS as the safeguard good; or #####
(C)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. ####
(2)Safeguard good The term “safeguard good” means a good— #####
(A)that is included in the Schedule of the United States to Annex 3.17 of the Agreement; #####
(B)that qualifies as an originating good under section 203; and #####
(C)for which a claim for preferential tariff treatment under the Agreement has been made. ####
(3)Schedule rate of duty The term “schedule rate of duty” means, with respect to a safeguard good, the rate of duty for that good that is set forth in the Schedule of the United States to Annex 3.3 of the Agreement. ####
(4)Trigger level #####
(A)In general The term “trigger level” means— ######
(i)in the case of a safeguard good classified under subheading 0201.10.50, 0201.20.80, 0201.30.80, 0202.10.50, 0202.20.80, or 0202.30.80 of the HTS— ######
(I)in year 1 of the Agreement, 330 metric tons; and ######
(II)in year 2 of the Agreement through year 14 of the Agreement, a quantity equal to 110 percent of the trigger level for that safeguard good for the preceding calendar year; and ######
(ii)in the case of any other safeguard good, 115 percent of the quantity that is provided for that safeguard good in the corresponding calendar year in the applicable table contained in Appendix I to the General Notes to the Schedule of the United States to Annex 3.3 of the Agreement. #####
(B)Relationship to table For purposes of subparagraph (A)(ii), year 1 in the applicable table contained in Appendix I to the General Notes to the Schedule of the United States to Annex 3.3 of the Agreement corresponds to year 1 of the Agreement. ####
(5)Year 1 of the agreement The term “year 1 of the Agreement” means the period beginning on the date, in a calendar year, on which the Agreement enters into force and ending on December 31 of that calendar year. ####
(6)Years other than year 1 of the agreement Any reference to a year of the Agreement subsequent to year 1 of the Agreement shall be deemed to be a reference to the corresponding calendar year in which the Agreement is in force. ###
(b)Additional Duties on Safeguard Goods ####
(1)In general In addition to any duty proclaimed under subsection
(a)or
(b)of section 201, the Secretary of the Treasury shall assess a duty, in the amount determined under paragraph (2), on a safeguard good imported into the United States in a calendar year if the Secretary determines that, prior to such importation, the total volume of that safeguard good that is imported into the United States in that calendar year exceeds the trigger level for that good for that calendar year. ####
(2)Calculation of additional duty The additional duty on a safeguard good under this subsection shall be— #####
(A)in the case of a good classified under subheading 0201.10.50, 0201.20.80, 0201.30.80, 0202.10.50, 0202.20.80, or 0202.30.80 of the HTS— ######
(i)in year 1 of the Agreement through year 6 of the Agreement, an amount equal to 100 percent of the excess of the applicable NTR
(MFN)rate of duty over the schedule rate of duty; and ######
(ii)in year 7 of the Agreement through year 14 of the Agreement, an amount equal to 50 percent of the excess of the applicable NTR
(MFN)rate of duty over the schedule rate of duty; #####
(B)in the case of a good classified under subheading 0406.10.08, 0406.10.88, 0406.20.91, 0406.30.91, 0406.90.97, or 2105.00.20 of the HTS— ######
(i)in year 1 of the Agreement through year 11 of the Agreement, an amount equal to 100 percent of the excess of the applicable NTR
(MFN)rate of duty over the schedule rate of duty; and ######
(ii)in year 12 of the Agreement through year 14 of the Agreement, an amount equal to 50 percent of the excess of the applicable NTR
(MFN)rate of duty over the schedule rate of duty; and #####
(C)in the case of any other safeguard good— ######
(i)in year 1 of the Agreement through year 13 of the Agreement, an amount equal to 100 percent of the excess of the applicable NTR
(MFN)rate of duty over the schedule rate of duty; and ######
(ii)in year 14 of the Agreement through year 16 of the Agreement, an amount equal to 50 percent of the excess of the applicable NTR
(MFN)rate of duty over the schedule rate of duty. ####
(3)Notice Not later than 60 days after the date on which the Secretary of the Treasury first assesses an additional duty in a calendar year on a good under this subsection, the Secretary shall notify the Government of Panama in writing of such action and shall provide to that Government data supporting the assessment of the additional duty. ###
(c)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— ####
(1)subtitle A of title III of this Act; or ####
(2)chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). ###
(d)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.
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Sec. 202
ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS
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