118 STAT. 924 PUBLIC LAW 108–286—AUG. 3, 2004 entered, without a claim for preferential treatment, on December 31, 2004. (3) SCHEDULE RATE OF DUTY.—For purposes of subsections (b) and (c), the term ‘‘schedule rate of duty’’ means, with respect to a safeguard good, the rate of duty for that good set out in the Schedule of the United States to Annex 2–B of the Agreement. (4) SAFEGUARD GOOD.—In this subsection, the term ‘‘safe guard good’’ means— (A) a horticulture safeguard good described subsection (b)(1)(B); or (B) a beef safeguard good described in subsection (c)(1) or subsection (d)(1)(A). (5) EXCEPTIONS.—No additional duty shall be assessed on a good under subsection (b), (c), or (d) 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) or (c), whichever is applicable, 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 2–B of the Agreement. (7) NOTICE.—Not later than 60 days after the date on which the Secretary of the Treasury assesses an additional duty on a good under subsection (b), (c), or (d), the Secretary shall notify the Government of Australia in writing of such action and shall provide to that Government data supporting the assessment of the additional duty. (b) ADDITIONAL DUTIES ON HORTICULTURE SAFEGUARD GOODS.— (1) DEFINITIONS.—In this subsection: (A) F.O.B.—The term ‘‘F.O.B.’’ means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer. (B) HORTICULTURE SAFEGUARD GOOD.—The term ‘‘horti culture safeguard good’’ means a good— (i) that qualifies as an originating good under sec tion 203; (ii) that is included in the United States Horti culture Safeguard List set forth in Annex 3–A of the Agreement; and (iii) for which a claim for preferential treatment under the Agreement has been made. (C) UNIT IMPORT PRICE.—The ‘‘unit import price’’ of a good means the price of the good determined on the basis of the F.O.B. import price of the good, expressed in either dollars per kilogram or dollars per liter, whichever unit of measure is indicated for the good in the United States Horticulture Safeguard List set forth in Annex 3– A of the Agreement. (D) TRIGGER PRICE.—The ‘‘trigger price’’ for a good is the trigger price indicated for that good in the United States Horticulture Safeguard List set forth in Annex 3– A of the Agreement or any amendment thereto. Deadline.
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