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’’ 
means the calendar quarter beginning on 
April 1. 
(iv) THIRD
CALENDAR
QUARTER.— 
The term ‘‘third calendar quarter’’ means 
the calendar quarter beginning on July 1. 
(v) FOURTH CALENDAR QUARTER.— 
The term ‘‘fourth calendar quarter’’ means