118 STAT. 945 PUBLIC LAW 108–286—AUG. 3, 2004 may not, in the aggregate, be in effect for more than 4 years. (e) RATE AFTER TERMINATION OF IMPORT RELIEF.—When import relief under this section is terminated with respect to an article— (1) the rate of duty on that article after such termination and on or before December 31 of the year in which such termi nation occurs shall be the rate that, according to the Schedule of the United States to Annex 2–B of the Agreement for the staged elimination of the tariff, would have been in effect 1 year after the provision of relief under subsection (a); and (2) the rate of duty for that article after December 31 of the year in which termination occurs shall be, at the discre tion of the President, either— (A) the applicable NTR (MFN) rate of duty for that article set out in the Schedule of the United States to Annex 2–B of the Agreement; or (B) the rate of duty resulting from the elimination of the tariff in equal annual stages ending on the date set out in the Schedule of the United States to Annex 2–B of the Agreement for the elimination of the tariff. (f) ARTICLES EXEMPT FROM RELIEF.—No import relief may be provided under this section on any article that— (1) is subject to— (A) import relief under subtitle B; or (B) an assessment of additional duty under subsection (b), (c), or (d) of section 202; or (2) has been subject to import relief under this subtitle after the date on which the Agreement enters into force. SEC. 314. TERMINATION OF RELIEF AUTHORITY. (a) GENERAL RULE.—Subject to subsection (b), no import relief may be provided under this subtitle after the date that is 10 years after the date on which the Agreement enters into force. (b) EXCEPTION.—If an article for which relief is provided under this subtitle is an article for which the period for tariff elimination, set out in the Schedule of the United States to Annex 2–B of the Agreement, is greater than 10 years, no relief under this subtitle may be provided for that article after the date on which such period ends. (c) PRESIDENTIAL DETERMINATION.—Import relief may be pro vided under this subtitle in the case of an Australian article after the date on which such relief would, but for this subsection, termi nate under subsection (a) or (b), if the President determines that Australia has consented to such relief. SEC. 315. COMPENSATION AUTHORITY. For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under section 313 shall be treated as action taken under chapter 1 of title II of such Act. SEC. 316. CONFIDENTIAL BUSINESS INFORMATION. Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence— (1) by striking ‘‘and’’; and (2) by inserting before the period at the end ‘‘, and title III of the United States Australia Free Trade Agreement Implementation Act’’. 19 USC 3805 note. 19 USC 3805 note. 19 USC 3805 note.
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