SUBCHAPTER XIII
MODIFICATIONS ESTABLISHED PURSUANT TO
THE UNITED STATES-AUSTRALIA FREE TRADE AGREEMENT
XXII
99-XIII-1
U.S. Notes
  • 1. This subchapter contains modifications of the provisions of the tariff schedule established pursuant to the United States-Australia Free Trade Agreement. Goods of Australia, entered under the terms of general note 28 to the tariff schedule, and described in subheadings 9913.02.05 through 9913.52.40 of this subchapter for which a rate of duty followed by the symbol "(AU)" is herein provided, are subject to duty at the rate set forth in this subchapter in lieu of the rate provided therefor in chapters 1 through 97. Originating goods of Australia entered into the United States under the provisions of subheadings 9913.02.05 through 9913.52.40 are not subject to any of the provisions, duties or limitations of subchapter IV of chapter 99 of the tariff schedule. Unless otherwise provided, the provisions and notes of this subchapter are effective as to such originating goods of Australia entered, under general note 28 to the tariff schedule, through the close of December 31, 2022, at the close of which date this subchapter shall be deleted from the tariff schedule and shall cease to apply to any goods entered after that date.
  • 2. Whenever goods are classifiable under a provision for which the modification of the applicable United States-Australia Free Trade Agreement rate of duty is provided for in a subheading in this subchapter, the reporting number, in the absence of specific instructions to the contrary, shall be the appropriate statistical reporting number for the basic provision (the appropriate provision for classification purposes in chapters 1 through 97) preceded by the subheading number of this subchapter. For statistical purposes, both the basic provision statistical reporting number and the applicable subheading number from this subchapter shall be collected by the United States Bureau of Census.
  • 3.
    • (a) The aggregate quantity of originating goods of Australia entered under subheading 9913.02.05 in any calendar year shall not exceed the quantity specified below for that year.
      YearQuantity(metric tons)YearQuantity(metric tons)
      201335,000201845,000
      201435,000201950,000
      201540,000202055,000
      201640,000202160,000
      201745,000202270,000
      The quantities above apply only to beef other than carcasses and half carcasses and beef other than processed, as defined in additional U.S. note 1(a) of chapter 2 of this schedule.
      The above quantities shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
      Beginning in calendar year 2023, quantitative limitations shall cease to apply on such originating goods of Australia.
    • (b) The aggregate quantity of originating goods of Australia entered under subheading 9913.02.20 in any calendar year shall not exceed the quantity specified below for that year.
      YearQuantity(metric tons)YearQuantity(metric tons)
      20133,50020184,500
      20143,50020195,000
      20154,00020205,500
      20164,00020216,000
      20174,50020227,000
      The quantities above apply only to beef other than carcasses and half carcasses and beef other than processed, as defined in additional U.S. note 1(a) of chapter 2 of this schedule.
      The above quantities shall only be eligible for tariff treatment provided for subheading 9913.02.20 if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
    • (c) For years 2013 through 2022, the Office of the United States Trade Representative shall publish in the Federal Register a determination if the duty in 9913.02.30 is not applicable to originating goods of Australia and shall announce the appropriate tariff treatment to such goods.
  • 4. The aggregate quantity of originating goods of Australia entered under subheading 9913.04.05 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(1,000 liters)YearQuantity(1,000 liters)YearQuantity(1,000 liters)
    20057,500201110,639201715,091
    20067,950201211,277201815,997
    20078,427201311,954201916,957
    20088,933201412,671202017,974
    20099,469201513,431202119,053
    201010,037201614,237
    Beginning in calendar year 2022, quantitative limitations on such originating goods of Australia shall increase at a compounded annual growth rate of 6 percent and such quantity shall be published by the United States Trade Representative in the Federal Register.
    The above quantities shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 5. The aggregate quantity of originating goods of Australia entered under subheading 9913.04.10 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    20051,50020111,79120172,139
    20061,54520121,84520182,203
    20071,59120131,90020192,269
    20081,63920141,95720202,337
    20091,68820152,01620212,407
    20101,73920162,076
    Beginning in calendar year 2022, quantitative limitations on such originating goods of Australia shall increase at a compounded annual growth rate of 3 percent and such quantity shall be published by the United States Trade Representative in the Federal Register.
    The above quantities shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 6. The aggregate quantity of originating goods of Australia entered under subheading 9913.04.15 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    200510020111192017143
    200610320121232018147
    200710620131272019151
    200810920141302020156
    200911320151342021160
    20101162016138
    Beginning in calendar year 2022, quantitative limitations on such originating goods of Australia shall increase at a compounded annual growth rate of 3 percent and such quantity shall be published by the United States Trade Representative in the Federal Register.
    The above quantities shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 7. The aggregate quantity of originating goods of Australia entered under subheading 9913.04.20 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    20054,00020115,06120176,404
    20064,16020125,26420186,660
    20074,32620135,47420196,927
    20084,49920145,69320207,204
    20094,67920155,92120217,492
    20104,86720166,158
    Beginning in calendar year 2022, quantitative limitations on such originating goods of Australia shall increase at a compounded annual growth rate of 4 percent and such quantity shall be published by the United States Trade Representative in the Federal Register.
    The above quantities shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 8. The aggregate quantity of originating goods of Australia entered under subheading 9913.04.25 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    20051,50020112,12820173,018
    20061,59020122,25520183,199
    20071,68520132,39120193,391
    20081,78720142,53420203,595
    20091,89420152,68620213,811
    20102,00720162,847
    Beginning in calendar year 2022, quantitative limitations on such originating goods of Australia shall increase at a compounded annual growth rate of 6 percent and such quantity shall be published by the United States Trade Representative in the Federal Register.
    The above quantities shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 9. The aggregate quantity of originating goods of Australia entered under subheading 9913.04.30 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    20053,00020114,25620176,037
    20063,18020124,51120186,399
    20073,37120134,78220196,783
    20083,57320145,06820207,190
    20093,78720155,37320217,621
    20104,01520165,695
    Beginning in calendar year 2022, quantitative limitations on such originating goods of Australia shall increase at a compounded annual growth rate of 6 percent and such quantity shall be published by the United States Trade Representative in the Federal Register.
    The above quantities shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 10. The aggregate quantity of originating goods of Australia entered under subheading 9913.04.35 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    20053,50020114,69020176,285
    20063,67520124,92520186,600
    20073,85920135,17120196,930
    20084,05220145,43020207,276
    20094,25420155,70120217,640
    20104,46720165,986
    Beginning in calendar year 2022, quantitative limitations on such originating goods of Australia shall increase at a compounded annual growth rate of 5 percent and such quantity shall be published by the United States Trade Representative in the Federal Register.
    The above quantities shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 11. The aggregate quantity of originating goods of Australia entered under subheading 9913.04.40 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    20052,00020112,68020173,592
    20062,10020122,81420183,771
    20072,20520132,95520193,960
    20082,31520143,10320204,158
    20092,43120153,25820214,366
    20102,55320163,421
    Beginning in calendar year 2022, quantitative limitations on such originating goods of Australia shall increase at a compounded annual growth rate of 5 percent and such quantity shall be published by the United States Trade Representative in the Federal Register.
    The above quantities shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 12. The aggregate quantity of originating goods of Australia entered under subheading 9913.04.45 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    2005750201189620171,069
    2006773201292220181,101
    2007796201395020191,134
    2008820201497920201,168
    200984420151,00820211,264
    201086920161,038
    Beginning in calendar year 2022, quantitative limitations on such originating goods of Australia shall increase at a compounded annual growth rate of 3 percent and such quantity shall be published by the United States Trade Representative in the Federal Register.
    The above quantities shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 13. The aggregate quantity of originating goods of Australia entered under subheading 9913.04.50 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    200550020115972017713
    200651520126152018734
    200753020136332019756
    200854620146522020779
    200956320156722021802
    20105802016692
    Beginning in calendar year 2022, quantitative limitations on such originating goods of Australia shall increase at a compounded annual growth rate of 3 percent and such quantity shall be published by the United States Trade Representative in the Federal Register.
    The above quantities shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 14. The aggregate quantity of originating goods of Australia entered under subheading 9913.04.55 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    20052,50020113,35020174,490
    20062,62520123,51820184,714
    20072,75620133,69420194,950
    20082,89420143,87820205,197
    20093,03920154,07220215,457
    20103,19120164,276
    Beginning in calendar year 2022, quantitative limitations shall cease to apply on such originating goods of Australia.
    The above quantities shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 15. The aggregate quantity of originating goods of Australia entered under subheading 9913.04.65 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    200550020116702017898
    200652520127042018943
    200755120137392019990
    2008579201477620201,039
    2009608201581420211,091
    20106382016855
    Beginning in calendar year 2022, quantitative limitations on such originating goods of Australia shall increase at a compounded annual growth rate of 5 percent and such quantity shall be published by the United States Trade Representative in the Federal Register.
    The above quantities shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 16. The aggregate quantity of originating goods of Australia entered under subheading 9913.08.05 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    2005020114,02620177,133
    20062,50020124,42920187,846
    20072,75020134,87220198,631
    20083,02520145,35920209,464
    20093,32820155,895202110,443
    20103,66020166,484
    Beginning in calendar year 2022, quantitative limitations shall cease to apply on such originating goods of Australia.
  • 17. The aggregate quantity of originating goods of Australia entered under subheading 9913.08.25 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    2005020112,41620174,280
    20061,50020122,65720184,708
    20071,65020132,92320195,178
    20081,81520143,21520205,696
    20091,99720153,53720216,266
    20102,19620163,891
    Beginning in calendar year 2022, quantitative limitations shall cease to apply on such originating goods of Australia.
  • 18. The aggregate quantity of originating goods of Australia entered under subheading 9913.12.05 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    200550020115972017713
    200651520126152018734
    200753020136332019756
    200854620146522020779
    200956320156722021802
    20105802016692
    Beginning in calendar year 2022, quantitative limitations shall cease to apply on such originating goods of Australia.
  • 19. The aggregate quantity of originating goods of Australia entered under subheading 9913.24.05 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    200525020112992017356
    200625820123072018367
    200726520133172019378
    200827320143262020389
    200928120153362021401
    20102902016346
    Beginning in calendar year 2022, quantitative limitations shall cease to apply on such originating goods of Australia.
  • 20. The aggregate quantity of originating goods of Australia entered under subheading 9913.52.05 in any calendar year shall not exceed the quantity specified below for that year.
    YearQuantity(metric tons)YearQuantity(metric tons)YearQuantity(metric tons)
    200525020112992017356
    200625820123072018367
    200726520133172019378
    200827320143262020389
    200928120153362021401
    20102902016346
    Beginning in calendar year 2022, quantitative limitations shall cease to apply on such originating goods of Australia.
  • 21. Subheadings 9913.95.00 through 9913.96.66 provide for safeguard measures established pursuant to Article 3.4 of the United States-Australia Free Trade Agreement (as approved by section 202(b) of the United States-Australia Free Trade Agreement Implementation Act), which allows the imposition of additional duties based upon the value of goods imported into the United States for certain agricultural products. Goods of Australia, entered under the terms of general note 28 to the tariff schedule, and described in subheadings 9913.95.00 through 9913.96.66 of this subchapter for which a rate of duty followed by the symbol "(AU)" is herein provided, are subject to duty at the rate set forth in this subchapter in lieu of the rate provided therefor in chapters 1 through 97.

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