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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—
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(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.
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(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’’
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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 
the calendar quarter beginning on October 
1. 
(C) MONTHLY AVERAGE INDEX PRICE.— 
The term ‘‘monthly average index price’’ means 
the simple average, as determined by the Sec-
retary of Agriculture, for a calendar month of 
the daily average index prices for Wholesale 
Boxed Beef Cut-Out Value Select 1–3 Central 
U.S. 600–750 lbs., or its equivalent, as such 
simple average is reported by the Agricultural 
Marketing Service of the Department of Agri-
culture in Report LM–XB459 or any equivalent 
report. 
(D) 24-MONTH TRIGGER PRICE.—The term 
‘‘24-month trigger price’’ means, with respect 
to any calendar month, the average of the 
monthly average index prices for the 24 pre-
ceding calendar months, multiplied by 0.935.
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(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) through (6) of this sub-
section, 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 if— 
(A)(i) the good is imported in the first cal-
endar quarter, second calendar quarter, or third 
calendar quarter of a calendar year; and 
(ii) the monthly average index price, in any 
2 calendar months of the preceding calendar 
quarter, is less than the 24-month trigger price; 
or 
(B)(i) the good is imported in the fourth 
calendar quarter of a calendar year; and 
(ii)(I) the monthly average index price, in 
any 2 calendar months of the preceding cal-
endar quarter, is less than the 24-month trigger 
price; or 
(II) the monthly average index price, in 
any of the 4 calendar months preceding Janu-
ary 1 of the succeeding calendar year, is less 
than the 24-month trigger price.