H. R. 4842—5
SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) EFFECTIVE DATES.—Except as provided in subsection (b),
the provisions of this Act and the amendments made by this Act
take effect on the date the Agreement enters into force.
(b) EXCEPTIONS.—Sections 1 through 3 and this title take effect
on the date of the enactment of this Act.
(c) TERMINATION OF THE AGREEMENT.—On the date on which
the Agreement terminates, the provisions of this Act (other than
this subsection) and the amendments 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.—
(1) 
PROCLAMATION
AUTHORITY.—The 
President 
may
proclaim—
(A) such modifications or continuation of any duty,
(B) such continuation of duty-free or excise treatment,
or
(C) such additional duties,
as the President determines to be necessary or appropriate
to carry out or apply articles 2.3, 2.5, 2.6, 4.1, 4.3.9, 4.3.10,
4.3.11, 4.3.13, 4.3.14, and 4.3.15, and Annex IV of the Agree-
ment.
(2) EFFECT ON MOROCCAN GSP STATUS.—Notwithstanding
section 502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)),
the President shall terminate the designation of Morocco as
a beneficiary developing country for purposes of title V of
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 provided for by the Agreement.
(c) CONVERSION TO AD VALOREM RATES.—For purposes of sub-
sections (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 Presi-
dent 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 AGRICULTURAL GOODS.
(a) DEFINITIONS.—In this section:
(1) AGRICULTURAL SAFEGUARD GOOD.—The term ‘‘agricul-
tural safeguard good’’ means a good—
(A) that qualifies as an originating good under section
203;
H. R. 4842—6
(B) that is included in the U.S. Agricultural 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, without a claim for preferential
tariff treatment, on the date on which the additional duty
is imposed 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, without a claim for preferential
tariff treatment, on December 31, 2004.
(3) F.O.B.—The term ‘‘F.O.B.’’ means free on board, regard-
less of the mode of transportation, at the point of direct ship-
ment 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 determined on the basis of the
F.O.B. import price of the good, expressed in either dollars
per kilogram or dollars 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 SAFEGUARD GOODS.—
(1) ADDITIONAL
DUTIES.—In addition to any duty pro-
claimed under subsection (a) or (b) of section 201, and subject
to paragraphs (3), (4), (5), and (6) of this subsection, the Sec-
retary of the Treasury shall assess a duty on an agricultural
safeguard good, in the amount determined under paragraph
(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 safe-
guard good shall be an amount determined 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 trig-
ger price ...........................................
0.