121 STAT. 1460
President.
PUBLIC LAW 110–138—DEC. 14, 2007
(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 Peru provided for by the Agreement. (c) CONVERSION TO AD VALOREM RATES.—For purposes of subsections (a) and (b), with respect to any good for which the base rate in the Schedule of the United States to Annex 2.3 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. (d) TARIFF RATE QUOTAS.—In implementing the tariff rate quotas set forth in Appendix I to the Schedule of the United States to Annex 2.3 of the Agreement, the President shall take such action as may be necessary to ensure that imports of agricultural goods do not disrupt the orderly marketing of commodities in the United States. SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS.
dkrause on GSDDPC44 with PUBLAW
(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 2.3 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 8digit 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) 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 2.3 of the Agreement. (3) SAFEGUARD GOOD.—The term ‘‘safeguard good’’ means a good— (A) that is included in the Schedule of the United States to Annex 2.18 of the Agreement; (B) that qualifies as an originating good under section 203, except that operations performed in or material obtained from the United States shall be considered as if the operations were performed in, and the material was obtained from, a country that is not a party to the Agreement; and (C) for which a claim for preferential tariff treatment under the Agreement has been made. (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
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