the Trade Act of 1974 on the date of entry into 
force 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 Morocco regarding the staging of 
any duty treatment set forth in Annex IV 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 Morocco 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 Tariff Schedule of the 
United States to Annex IV 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 
determines to be equivalent to the base rate.
SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICUL-
TURAL GOODS. 
(a) DEFINITIONS.—In this section: 
(1) AGRICULTURAL
SAFEGUARD
GOOD.—The 
term ‘‘agricultural safeguard good’’ means a good—
(A) that qualifies as an originating good 
under section 203; 
(B) that is included in the U.S. Agricul-
tural Safeguard List set forth in Annex 3-A of 
the Agreement; and 
(C) for which a claim for preferential 
treatment under the Agreement has been made. 
(2) APPLICABLE NTR (MFN) RATE OF DUTY.—
The term ‘‘applicable NTR (MFN) rate of duty’’ 
means, with respect to an agricultural 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 agricultural safeguard good entered, with-
out a claim for preferential tariff treatment, on 
the date on which the additional duty is im-
posed under subsection (b); or 
(B) the column 1 general rate of duty that 
would have been imposed under the HTS on the 
same agricultural safeguard good entered, with-
out a claim for preferential tariff treatment, on 
December 31, 2004. 
(3) F.O.B.—The term ‘‘F.O.B.’’ means free on 
board, regardless of the mode of transportation, at 
the point of direct shipment by the seller to the 
buyer. 
(4) SCHEDULE
RATE
OF
DUTY.—The term 
‘‘schedule rate of duty’’ means, with respect to an 
agricultural safeguard good, the rate of duty for that 
good set out in the Tariff Schedule of the United 
States to Annex IV of the Agreement. 
(5) TRIGGER PRICE.—The ‘‘trigger price’’ for a 
good means the trigger price indicated for that good 
in the U.S. Agricultural Safeguard List set forth in 
Annex 3–A of the Agreement or any amendment 
thereto. 
(6) UNIT
IMPORT
PRICE.—The ‘‘unit import 
price’’ of a good means the price of the good deter-
mined on the basis of the F.O.B. import price of the 
good, expressed in either dollars per kilogram or dol-
lars per liter, whichever unit of measure is indicated 
for the good in the U.S. Agricultural Safeguard List 
set forth in Annex 3–A of the Agreement. 
(b) ADDITIONAL DUTIES ON AGRICULTURAL SAFE-
GUARD GOODS.—
(1) ADDITIONAL DUTIES.—In addition to any 
duty proclaimed under subsection (a) or (b) of sec-
tion 201, and subject to paragraphs (3), (4), (5), 
and (6) of this subsection, the Secretary of the 
Treasury shall assess a duty on an agricultural safe-
guard good, in the amount determined under para-
graph (2), if the Secretary determines that the unit 
import price of the good when it enters the United 
States is less than the trigger price for that good. 
(2) CALCULATION OF ADDITIONAL DUTY.—The 
additional duty assessed under this subsection on an 
agricultural safeguard good shall be an amount de-
termined in accordance with the following table:
If the excess of the trigger price over 
The additional duty is an 
the unit import price is: 
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. 
(3) EXCEPTIONS.—No additional duty shall be 
assessed on a good under this subsection 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.).