of this Act (other than this subsection) and the amend-
ments 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 pro-
vided for by the Agreement. 
(c) CONVERSION TO AD VALOREM RATES.—For pur-
poses 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–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 deter-
mines to be equivalent to the base rate. 
SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICUL-
TURAL GOODS. 
(a) GENERAL PROVISIONS.— 
(1) APPLICABILITY OF SUBSECTION.—This sub-
section 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 addi-
tional 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 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 Sched-
ule of the United States to Annex 2–B of the Agree-
ment. 
(4) SAFEGUARD GOOD.—In this subsection, the 
term ‘‘safeguard good’’ means— 
(A) a horticulture safeguard good de-
scribed 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 ad-
ditional 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 Govern-
ment of Australia in writing of such action and shall 
provide to that Government data supporting the as-
sessment of the additional duty. 
(b) ADDITIONAL DUTIES ON HORTICULTURE SAFE-
GUARD GOODS.— 
(1) DEFINITIONS.—In this subsection: 
(A) F.O.B.—The term ‘‘F.O.B.’’ means 
free on board, regardless of the mode of trans-
portation, at the point of direct shipment by the 
seller to the buyer.