118 STAT. 1108 PUBLIC LAW 108–302—AUG. 17, 2004 (B) that is included in the U.S. Agricultural Safeguard List set forth in Annex 3–A of the Agreement; and (C) for which a claim for preferential treatment under the Agreement has been made. (2) APPLICABLE NTR (MFN) RATE OF DUTY.—The term ‘‘applicable NTR (MFN) rate of duty’’ means, with respect to an agricultural 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 agricultural safeguard good entered, without a claim for preferential tariff treatment, on the date on which the additional duty is imposed under subsection (b); or (B) the column 1 general rate of duty that would have been imposed under the HTS on the same agricultural safeguard good entered, without a claim for preferential tariff treatment, on December 31, 2004. (3) F.O.B.—The term ‘‘F.O.B.’’ means free on board, regard less of the mode of transportation, at the point of direct ship ment by the seller to the buyer. (4) SCHEDULE RATE OF DUTY.—The term ‘‘schedule rate of duty’’ means, with respect to an agricultural safeguard good, the rate of duty for that good set out in the Tariff Schedule of the United States to Annex IV of the Agreement. (5) TRIGGER PRICE.—The ‘‘trigger price’’ for a good means the trigger price indicated for that good in the U.S. Agricultural Safeguard List set forth in Annex 3–A of the Agreement or any amendment thereto. (6) 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 U.S. Agricultural Safeguard List set forth in Annex 3–A of the Agreement. (b) ADDITIONAL DUTIES ON AGRICULTURAL SAFEGUARD GOODS.— (1) ADDITIONAL DUTIES.—In addition to any duty pro claimed under subsection (a) or (b) of section 201, and subject to paragraphs (3), (4), (5), and (6) of this subsection, the Sec retary of the Treasury shall assess a duty on an agricultural safeguard good, in the amount determined under paragraph (2), if the Secretary determines that the unit import price of the good when it enters the United States is less than the trigger price for that good. (2) CALCULATION OF ADDITIONAL DUTY.—The additional duty assessed under this subsection on an agricultural safe guard good shall be an amount determined in accordance with the following table: If the excess of the trigger price over The additional duty is an the unit import price is: amount equal to: Not more than 10 percent of the trig ger price ........................................... 0.
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