H. R. 4759—4 
15th day after the date on which the text of the proclamation 
is published in the Federal Register. 
(3) WAIVER OF 15-DAY RESTRICTION.—The 15-day restriction 
in paragraph (2) on the taking effect of proclaimed actions 
is waived to the extent that the application of such restriction 
would prevent the taking effect on the date the Agreement 
enters into force of any action proclaimed under this section. 
(b) INITIAL
REGULATIONS.—Initial regulations necessary or 
appropriate to carry out the actions required by or authorized 
under this Act or proposed in the statement of administrative 
action submitted under section 101(a)(2) to implement the Agree-
ment shall, to the maximum extent feasible, be issued within 1 
year after the date on which the Agreement enters into force. 
In the case of any implementing action that takes effect on a 
date after the date on which the Agreement enters into force, 
initial regulations to carry out that action shall, to the maximum 
extent feasible, be issued within 1 year after such effective date. 
SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFEC-
TIVE DATE OF, PROCLAIMED ACTIONS. 
If a provision of this Act provides that the implementation 
of an action by the President by proclamation is subject to the 
consultation and layover requirements of this section, such action 
may be proclaimed only if— 
(1) the President has obtained advice regarding the pro-
posed action from— 
(A) the appropriate advisory committees established 
under section 135 of the Trade Act of 1974 (19 U.S.C. 
2155); and 
(B) the United States International Trade Commission; 
(2) the President has submitted a report to the Committee 
on Finance of the Senate and the Committee on Ways and 
Means of the House of Representatives that sets forth— 
(A) the action proposed to be proclaimed and the rea-
sons therefor; and 
(B) the advice obtained under paragraph (1); 
(3) a period of 60 calendar days, beginning on the first 
day on which the requirements set forth in paragraphs (1) 
and (2) have been met has expired; and 
(4) the President has consulted with such Committees 
regarding the proposed action during the period referred to 
in paragraph (3). 
SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS. 
(a) ESTABLISHMENT OR DESIGNATION OF OFFICE.—The President 
is authorized to establish or designate within the Department of 
Commerce an office that shall be responsible for providing adminis-
trative assistance to panels established under chapter 21 of the 
Agreement. The office may not be considered to be an agency 
for purposes of section 552 of title 5, United States Code. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for each fiscal year after fiscal year 2004 to 
the Department of Commerce such sums as may be necessary 
for the establishment and operations of the office under subsection 
(a) and for the payment of the United States share of the expenses 
of panels established under chapter 21 of the Agreement.
H. R. 4759—5 
SEC. 106. EFFECTIVE DATES; EFFECT OF TERMINATION. 
(a) EFFECTIVE DATES.—Except as provided in subsection (b), 
the provisions of this Act and the amendments made by this Act 
take effect on the date on which the Agreement enters into force. 
(b) EXCEPTIONS.—Sections 1 through 3 and this title take effect 
on the date of the enactment of this Act. 
(c) TERMINATION OF THE AGREEMENT.—On the date on which 
the Agreement terminates, the provisions of this Act (other than 
this subsection) and the amendments made by this Act shall cease 
to be effective. 
TITLE II—CUSTOMS PROVISIONS 
SEC. 201. TARIFF MODIFICATIONS. 
(a) TARIFF MODIFICATIONS PROVIDED FOR IN THE AGREEMENT.— 
The President may proclaim— 
(1) such modifications or continuation of any duty, 
(2) such continuation of duty-free or excise treatment, or 
(3) such additional duties, 
as the President determines to be necessary or appropriate to 
carry out or apply articles 2.3, 2.5, and 2.6, and Annex 2–B of 
the Agreement. 
(b) OTHER TARIFF MODIFICATIONS.—Subject to the consultation 
and layover provisions of section 104, the President may proclaim— 
(1) such modifications or continuation of any duty, 
(2) such modifications as the United States may agree 
to with Australia regarding the staging of any duty treatment 
set forth in Annex 2–B of the Agreement, 
(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 Australia provided for by the Agreement. 
(c) CONVERSION TO AD VALOREM RATES.—For purposes of sub-
sections (a) and (b), with respect to any good for which the base 
rate in the Schedule of the United States to Annex 2–B 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. 
SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS. 
(a) GENERAL PROVISIONS.— 
(1) APPLICABILITY OF SUBSECTION.—This subsection applies 
to additional duties assessed under subsections (b), (c), and 
(d). 
(2) APPLICABLE NTR (MFN) RATE OF DUTY.—For purposes 
of subsections (b), (c), and (d), the term ‘‘applicable NTR (MFN) 
rate of duty’’ means, with respect to a 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 safeguard good 
entered, without a claim for preferential treatment, at the 
time the additional duty is imposed under subsection (b), 
(c), or (d), as the case may be; or 
(B) the column 1 general rate of duty that would have 
been imposed under the HTS on the same safeguard good
H. R. 4759—6 
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.