guard List set forth in Annex 3–A of the
Agreement or any amendment thereto.
(2) ADDITIONAL DUTIES.—In addition to any
duty proclaimed under subsection (a) or (b) of sec-
tion 201, and subject to subsection (a) of this sec-
tion, the Secretary of the Treasury shall assess a
duty on a horticulture safeguard good, in the
amount determined under paragraph (3), if the Sec-
retary determines that the unit import price of the
good when it enters the United States is less than
the trigger price for that good.
(3) CALCULATION OF ADDITIONAL DUTY.—The
additional duty assessed under this subsection on a
horticulture safeguard good shall be an amount de-
termined 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 price
0.
More than 10 percent but not more than 40
percent of the trigger price ...........................
30 percent of the excess of the appli-
cable NTR (MFN) rate of duty
over the schedule rate of duty.
More than 40 percent but not more than 60
percent of the trigger price ...........................
50 percent of such excess.
More than 60 percent but not more than 75
percent of the trigger price ...........................
70 percent of such excess.
More than 75 percent of the trigger price .......
100 percent of such excess.
(c) ADDITIONAL DUTIES
ON BEEF SAFEGUARD
GOODS BASED ON QUANTITY OF IMPORTS.—
(1) DEFINITION.—In this subsection, the term
‘‘beef safeguard good’’ means a good—
(A) that qualifies as an originating good
under section 203;
(B) that is listed in paragraph 3 of Annex
I of the General Notes to the Schedule of the
United States to Annex 2–B of the Agreement;
and
(C) for which a claim for preferential
treatment under the Agreement has been made.
(2) ADDITIONAL DUTIES.—In addition to any
duty proclaimed under subsection (a) or (b) of sec-
tion 201, and subject to subsection (a) of this sec-
tion and paragraphs (4) and (5) of this subsection,
the Secretary of the Treasury shall assess a duty, in
the amount determined under paragraph (3), on a
beef safeguard good imported into the United States
in a calendar year if the Secretary determines that,
prior to such importation, the total volume of beef
safeguard goods imported into the United States in
that calendar year is equal to or greater than 110
percent of the volume set out for beef safeguard
goods in the corresponding year in the table con-
tained in paragraph 3(a) of Annex I of the General
Notes to the Schedule of the United States to Annex
2–B of the Agreement. For purposes of this sub-
section, the years 1 through 19 set out in the table
contained in paragraph 3(a) of such Annex I cor-
respond to the calendar years 2005 through 2023.
(3) CALCULATION OF ADDITIONAL DUTY.—The
additional duty on a beef safeguard good under this
subsection shall be an amount equal to 75 percent
of the excess of the applicable NTR (MFN) rate of
duty over the schedule rate of duty.
(4) WAIVER.—
(A) IN
GENERAL.—The United States
Trade Representative is authorized to waive the
application of this subsection, if the Trade Rep-
resentative determines that extraordinary mar-
ket conditions demonstrate that the waiver
would be in the national interest of the United
States, after the requirements of subparagraph
(B) are met.
(B) 
NOTICE
AND
CONSULTATIONS.—
Promptly after receiving a request for a waiver
of this subsection, the Trade Representative
shall notify the Committee on Ways and Means
of the House of Representatives and the Com-
mittee on Finance of the Senate, and may make
the determination provided for in subparagraph
(A) only after consulting with—
(i) appropriate private sector advisory
committees established under section 135
of the Trade Act of 1974 (19 U.S.C.
2155); and
(ii) the Committee on Ways and
Means of the House of Representatives
and the Committee on Finance of the Sen-
ate regarding—
(I) the reasons supporting the
determination to grant the waiver;
and
(II) the proposed scope and dura-
tion of the waiver.
(C) NOTIFICATION
OF
THE
SEC-
RETARY OF THE TREASURY AND PUBLICA-
TION.—Upon granting a waiver under this
paragraph, the Trade Representative shall
promptly notify the Secretary of the Treas-
ury of the period in which the waiver will
be in effect, and shall publish notice of the
waiver in the Federal Register.
(5) EFFECTIVE DATES.—This subsection takes
effect on January 1, 2013, and shall not be effective
after December 31, 2022.
(d) ADDITIONAL DUTIES
ON BEEF SAFEGUARD
GOODS BASED ON PRICE.—
(1) DEFINITIONS.—In this subsection:
(A) BEEF SAFEGUARD GOOD.—The term
‘‘beef safeguard good’’ means a good—
(i) that qualifies as an originating
good under section 203;
(ii) that is classified under subheading
0201.10.50, 
0201.20.80, 
0201.30.80,
0202.10.50, 0202.20.80, or 0202.30.80 of
the HTS; and
(iii) for which a claim for preferential
treatment under the Agreement has been
made.
(B) CALENDAR QUARTER.—
(i) IN GENERAL.—The term ‘‘calendar
quarter’’ means any 3-month period begin-
ning on January 1, April 1, July 1, or Oc-
tober 1 of a calendar year.
(ii) FIRST CALENDAR QUARTER.—The
term ‘‘first calendar quarter’’ means the
calendar quarter beginning on January 1.
(iii) SECOND CALENDAR QUARTER.—
The term ‘‘second calendar quarter’’