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19 U.S.C. § 3602 — Special agricultural safeguard authority

submitted 32 years ago by Pub. L. 103-465 to r/title-19-CUSTOMS-DUTIES · 484 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the President impose special safeguard duties on certain agricultural imports under Article 5 and excludes qualifying USMCA goods.

(a) Determination of trigger levels. Consistent with Article 5 as the President interprets it, the President must publish in the Federal Register (1) the list of special safeguard agricultural goods by the date the WTO Agreement enters into force for the United States and (2) for each good, (A) the Article 5(1)(a) annual trigger level, (B) the Article 5(1)(b) trigger price, and (C) the relevant period. (b) Determination of safeguard. If the President determines that it is appropriate to impose (1) the Article 5(1)(b) price safeguard or (2) the Article 5(1)(a) volume safeguard, the President must impose the safeguard and must determine the duty amount, duration, and other terms consistently with Article 5 as the President determines it. (c) Imposition. The President must direct the Treasury Secretary to impose the duty on goods entered or withdrawn from warehouse for United States consumption. (d) No simultaneous safeguard. The duty may not operate while the good is subject to action proclaimed under section 2252 or 2253. (e)(1) The President must exempt a good qualifying as a section 4531-originating good of a USMCA country receiving preferential tariff treatment under USMCA. (2) “Preferential tariff treatment,” “USMCA,” and “USMCA country” have section 4502 meanings. (f) The Agriculture Secretary advises the President. (g) The section ends when the President determines Article 5’s special safeguards no longer apply to the United States. (h) “Article 5” means Article 5 of the Agreement on Agriculture described in section 3511(d)(2); “relevant period” means the period the President determines applies to a good; and “special safeguard agricultural good” means an agricultural good subject to an additional Article 5 duty.

the actual law source: uscode.house.gov ↗public domain
(a) Determination of trigger levels

Consistent with Article 5 as determined by the President, the President shall cause to be published in the Federal Register—

(1)

the list of special safeguard agricultural goods not later than the date of entry into force of the WTO Agreement with respect to the United States; and

(2)

for each special safeguard agricultural good—

(A)

the trigger level specified in subparagraph 1(a) of Article 5, on an annual basis;

(B)

the trigger price specified in subparagraph 1(b) of Article 5; and

(C)

the relevant period.

(b) Determination of safeguard

If the President determines with respect to a special safeguard agricultural good that it is appropriate to impose—

(1)

the price-based safeguard in accordance with subparagraph 1(b) of Article 5; or

(2)

the volume-based safeguard in accordance with subparagraph 1(a) of Article 5,

the President shall, consistent with Article 5 as determined by the President, determine the amount of the duty to be imposed, the period such duty shall be in effect, and any other terms and conditions applicable to the duty.

(c) Imposition of safeguard

The President shall direct the Secretary of the Treasury to impose a duty on a special safeguard agricultural good entered, or withdrawn from warehouse, for consumption in the United States in accordance with a determination made under subsection (b).

(d) No simultaneous safeguard

A duty may not be in effect for a special safeguard agricultural good pursuant to this section during any period in which such good is the subject of any action proclaimed pursuant to section 2252 or 2253 of this title.

(e) Exclusion of originating goods of USMCA countries
(1) In general

The President shall exempt from any duty imposed under this section any good that qualifies as an originating good under section 4531 of this title of a USMCA country with respect to which preferential tariff treatment is provided under the USMCA.

(2) Definitions

In this subsection, the terms “preferential tariff treatment”, “USMCA”, and “USMCA country” have the meanings given those terms in section 4502 of this title.

(f) Advice of Secretary of Agriculture

The Secretary of Agriculture shall advise the President on the implementation of this section.

(g) Termination date

This section shall cease to be effective on the date, as determined by the President, that the special safeguard provisions of Article 5 are no longer in force with respect to the United States.

(h) Definitions

For purposes of this section—

(1)

the term “Article 5” means Article 5 of the Agreement on Agriculture described in section 3511(d)(2) of this title;

(2)

the term “relevant period” means the period determined by the President to be applicable to a special safeguard agricultural good for purposes of applying this section; and

(3)

the term “special safeguard agricultural good” means an agricultural good on which an additional duty may be imposed pursuant to the special safeguard provisions of Article 5.

Source credit: (Pub. L. 103–465, title IV, § 405, Dec. 8, 1994, 108 Stat. 4961; Pub. L. 104–295, § 11, Oct. 11, 1996, 110 Stat. 3520; Pub. L. 116–113, title II, § 201(a), Jan. 29, 2020, 134 Stat. 19.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-465 · 108 Stat. 4961
  • 1996Amended · Pub. L. 104-295 · 110 Stat. 3520
  • 2020Amended · Pub. L. 116-113 · 134 Stat. 19

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-465 on 1994-12-08.

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