                        TITLE 19--CUSTOMS DUTIES
 
                  CHAPTER 21--NORTH AMERICAN FREE TRADE
 
    SUBCHAPTER III--APPLICATION OF AGREEMENT TO SECTORS AND SERVICES
 
                           Part A--Safeguards
 
        subpart 1--relief from imports benefiting from agreement
 
Sec. 3358. Price-based snapback for frozen concentrated orange 
        juice
        

(a) Trigger price determination

                           (1) In general

        The Secretary shall determine--
            (A) each period of 5 consecutive business days in which the 
        daily price for frozen concentrated orange juice is less than 
        the trigger price; and
            (B) for each period determined under subparagraph (A), the 
        first period occurring thereafter of 5 consecutive business days 
        in which the daily price for frozen concentrated orange juice is 
        greater than the trigger price.

                    (2) Notice of determinations

        The Secretary shall immediately notify the Commissioner of 
    Customs and publish notice in the Federal Register of any 
    determination under paragraph (1), and the date of such publication 
    shall be the determination date for that determination.

(b) Imports of Mexican articles

    Whenever after any determination date for a determination under 
subsection (a)(1)(A) of this section, the quantity of Mexican articles 
of frozen concentrated orange juice that is entered exceeds--
        (1) 264,978,000 liters (single strength equivalent) in any of 
    calendar years 1994 through 2002; or
        (2) 340,560,000 liters (single strength equivalent) in any of 
    calendar years 2003 through 2007;

the rate of duty on Mexican articles of frozen concentrated orange juice 
that are entered after the date on which the applicable limitation in 
paragraph (1) or (2) is reached and before the determination date for 
the related determination under subsection (a)(1)(B) of this section 
shall be the rate of duty specified in subsection (c) of this section.

(c) Rate of duty

    The rate of duty specified for purposes of subsection (b) of this 
section for articles entered on any day is the rate in the HTS that is 
the lower of--
        (1) the column 1 general rate of duty in effect for such 
    articles on July 1, 1991; or
        (2) the column 1 general rate of duty in effect on that day.

(d) Definitions

    For purposes of this section--
        (1) The term ``daily price'' means the daily closing price of 
    the New York Cotton Exchange, or any successor as determined by the 
    Secretary, for the closest month in which contracts for frozen 
    concentrated orange juice are being traded on the Exchange.
        (2) The term ``business day'' means a day in which contracts for 
    frozen concentrated orange juice are being traded on the New York 
    Cotton Exchange, or any successor as determined by the Secretary.
        (3) The term ``entered'' means entered or withdrawn from 
    warehouse for consumption, in the customs territory of the United 
    States.
        (4) The term ``frozen concentrated orange juice'' means all 
    products classifiable under subheading 2009.11.00 of the HTS.
        (5) The term ``Secretary'' means the Secretary of Agriculture.
        (6) The term ``trigger price'' means the average daily closing 
    price of the New York Cotton Exchange, or any successor as 
    determined by the Secretary, for the corresponding month during the 
    previous 5-year period, excluding the year with the highest average 
    price for the corresponding month and the year with the lowest 
    average price for the corresponding month.

(Pub. L. 103-182, title III, Sec. 309, Dec. 8, 1993, 107 Stat. 2105; 
Pub. L. 104-295, Sec. 21(b)(4), Oct. 11, 1996, 110 Stat. 3530.)


                               Amendments

    1996--Subsec. (c)(1), (2). Pub. L. 104-295 substituted ``column 1 
general'' for ``column 1-General''.
