118 STAT. 923 PUBLIC LAW 108–286—AUG. 3, 2004 SEC. 106. EFFECTIVE DATES; EFFECT OF TERMINATION. (a) EFFECTIVE DATES.—Except as provided in subsection (b), the provisions of this Act and the amendments made by this Act take effect on the date on which the Agreement enters into force. (b) EXCEPTIONS.—Sections 1 through 3 and this title take effect on the date of the enactment of this Act. (c) TERMINATION OF THE AGREEMENT.—On the date on which the Agreement terminates, the provisions of this Act (other than this subsection) and the amendments made by this Act shall cease to be effective. TITLE II—CUSTOMS PROVISIONS SEC. 201. TARIFF MODIFICATIONS. (a) TARIFF MODIFICATIONS PROVIDED FOR IN THE AGREEMENT.— The President may proclaim— (1) such modifications or continuation of any duty, (2) such continuation of duty free or excise treatment, or (3) such additional duties, as the President determines to be necessary or appropriate to carry out or apply articles 2.3, 2.5, and 2.6, and Annex 2–B of the Agreement. (b) OTHER TARIFF MODIFICATIONS.—Subject to the consultation and layover provisions of section 104, the President may proclaim— (1) such modifications or continuation of any duty, (2) such modifications as the United States may agree to with Australia regarding the staging of any duty treatment set forth in Annex 2–B of the Agreement, (3) such continuation of duty free or excise treatment, or (4) such additional duties, as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Australia provided for by the Agreement. (c) CONVERSION TO AD VALOREM RATES.—For purposes of sub sections (a) and (b), with respect to any good for which the base rate in the Schedule of the United States to Annex 2–B of the Agreement is a specific or compound rate of duty, the President may substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate. SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS. (a) GENERAL PROVISIONS.— (1) APPLICABILITY OF SUBSECTION.—This subsection applies to additional duties assessed under subsections (b), (c), and (d). (2) APPLICABLE NTR (MFN) RATE OF DUTY.—For purposes of subsections (b), (c), and (d), 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 have been imposed under the HTS on the same safeguard good entered, without a claim for preferential treatment, at the time the additional duty is imposed under subsection (b), (c), or (d), as the case may be; or (B) the column 1 general rate of duty that would have been imposed under the HTS on the same safeguard good 19 USC 3805 note. 19 USC 3805 note. 19 USC 3805 note.
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