(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 Agree-
ment; 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 Agree-
ment 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 en-
ters 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 Agree-
ment enters into force.
(b) EXCEPTION.—If an article for which relief is pro-
vided 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 provided under this subtitle in the case of an Aus-
tralian article after the date on which such relief would,
but for this subsection, terminate under subsection (a) or
(b), if the President determines that Australia has con-
sented 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 Presi-
dent 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’’.
Subtitle B—Textile and Apparel
Safeguard Measures
SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
(a) IN GENERAL.—A request under this subtitle for
the purpose of adjusting to the obligations of the United
States under the Agreement may be filed with the Presi-
dent by an interested party. Upon the filing of a request,
the President shall review the request to determine, from
information presented in the request, whether to com-
mence consideration of the request.
(b) ALLEGATION OF CRITICAL CIRCUMSTANCES.—An
interested party filing a request under this section may—
(1) allege that critical circumstances exist such
that delay in the provision of relief would cause
damage that would be difficult to repair; and
(2) based on such allegation, request that relief
be provided on a provisional basis.
(c) PUBLICATION OF REQUEST.—If the President de-
termines that the request under subsection (a) provides
the information necessary for the request to be considered,
the President shall cause to be published in the Federal
Register a notice of commencement of consideration of the
request, and notice seeking public comments regarding the
request. The notice shall include a summary of the request