19 USC 4032 - Additional duties on certain agricultural goods

U.S Code last checked for updates: Nov 22, 2024

§ 4032.

Additional duties on certain agricultural goods

(a)

General provisions

(1)

Applicability of subsection

(2)

Applicable NTR (MFN) rate of duty

For purposes of subsection (b), 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, at the time the additional duty is imposed under subsection (b), apply to a good classifiable in the same 8-digit subheading of the HTS as the safeguard good; or

(B)

the column 1 general rate of duty that would, on the day before the date on which the Agreement enters into force, apply to a good classifiable in the same 8-digit subheading of the HTS as the safeguard good.

(3)

Schedule rate of duty

(4)

Safeguard good

In this section, the term “safeguard good” means a good—

(A)

that is included in the Schedule of the United States to Annex 3.15 of the Agreement;

(B)

that qualifies as an originating good under section 4033 of this title, except that operations performed in or material obtained from the United States shall be considered as if the operations were performed in, and the material was obtained from, a country that is not a party to the Agreement; and

(C)

for which a claim for preferential tariff treatment under the Agreement has been made.

(5)

Exceptions

No additional duty shall be assessed on a good under subsection (b) if, at the time of entry, the good is subject to import relief under—

(A)

part A of subchapter III of this chapter; or

(B)

chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).

(6)

Termination

(7)

Notice

(b)

Additional duties on safeguard goods

(1)

In general

(2)

Calculation of additional duty

The additional duty on a safeguard good under this subsection shall be—

(A)

in the case of a good classified under subheading 1202.10.80, 1202.20.80, 2008.11.15, 2008.11.35, or 2008.11.60 of the HTS—

(i)

in years 1 through 5, an amount equal to 100 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty;

(ii)

in years 6 through 10, an amount equal to 75 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty; and

(iii)

in years 11 through 14, an amount equal to 50 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty; and

(B)

in the case of any other safeguard good—

(i)

in years 1 through 14, an amount equal to 100 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty;

(ii)

in years 15 through 17, an amount equal to 75 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty; and

(iii)

in years 18 and 19, an amount equal to 50 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty.

(Pub. L. 109–53, title II, § 202, Aug. 2, 2005, 119 Stat. 468.)

cite as: 19 USC 4032