“(a) Definitions.—In this section:“(1) Agricultural safeguard good.—The term ‘agricultural safeguard good’ means a good—“(A) that qualifies as an originating good under section 203;
“(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, regardless of the mode of transportation, at the point of direct shipment 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 proclaimed under subsection (a) or (b) of section 201, and subject to paragraphs (3), (4), (5), and (6) of this subsection, the Secretary 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 safeguard good shall be an amount determined in accordance with the following table:
If the excess of the trigger price over the unit import price is:The additional duty is an amount equal to:
Not more than 10 percent of the trigger price0.
More than 10 percent but not more than 40 percent of the trigger price30 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty.
More than 40 percent but not more than 60 percent of the trigger price50 percent of such excess.
More than 60 percent but not more than 75 percent of the trigger price70 percent of such excess.
More than 75 percent of the trigger price100 percent of such excess.
“(3) Exceptions.—No additional duty shall be assessed on a good under this subsection 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.).
“(4) Termination.—The assessment of an additional duty on a good under this subsection shall cease to apply to that good on the date on which duty-free treatment must be provided to that good under the Tariff Schedule of the United States to Annex IV of the Agreement.
“(5) Tariff-rate quotas.—If an agricultural safeguard good is subject to a tariff-rate quota under the Agreement, any additional duty assessed under this subsection shall be applied only to over-quota imports of the good.
“(6) Notice.—Not later than 60 days after the date on which the Secretary of the Treasury assesses an additional duty on a good under this subsection, the Secretary shall notify the Government of Morocco in writing of such action and shall provide to the Government of Morocco data supporting the assessment of additional duties.