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19 U.S.C. § 3611 — Special agricultural safeguard authority
Federal law — U.S. Code and appendices · legal_authorities
**(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shall direct the Secretary of the Treasury to impose a duty on a special safeguard agricultural good entered, or withdrawn from warehouse, for consumption in the United States in accordance with a determination made under subsection (b).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 sectio
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Source location: Title 19, Chapter 22, § 3611; chapter-022-uruguay-round-trade-agreements.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4531&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d/2&num=0&edition=prelim);
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) United States Section of Secretariat**
(1) **Establishment or designation of office** — The President is authorized to establish or designate within the Department of Commerce an office to serve as the United States Section of the Secretariat established under article 30.6 of the USMCA.
(2) **Functions and administrative assistance** — The office established or designated under paragraph (1), subject to the oversight of the interagency group established under section 411(c)(2),11 See References in Text note below. shall—
(A) carry out its functions within the Secretariat to facilitate the operation of the USMCA, including the operation of section D of chapter 10 and chapter 31 of the USMCA; and
(B) provide administrative assistance to—
(i) panels established under chapter 31 of the USMCA, including under Annex 31–A (relating to the Facility-Specific Rapid Response Labor Mechanism);
(ii) technical advisers and experts provided for under chapter 31 of the USMCA;
(iii) binational panels and extraordinary challenge committees established under section D of chapter 10 of the USMCA; and
(iv) binational panels and extraordinary challenge committees established under NAFTA for matters covered by article 34.1 of the USMCA (relating to transition from NAFTA).
(3) **Treatment of office under Freedom of Information Act** — The office established or designated under paragraph (1) shall not be considered an agency for purposes of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim).
**(b) Authorization of appropriations** There are authorized to be appropriated for each fiscal year after fiscal year 2020 to the Department of Commerce $2,000,000 for—
(1) the operations of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4531
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Upon the request of the Trade Representative, the Administrator of the Environmental Protection Agency, the Director of the U.S. Fish and Wildlife Service, and the Administrator of the National Oceanic Atmospheric 11 So in original. Probably should be preceded by “and”. Administration may detail, on a reimbursable basis, one employee of each such respective agency to the Office of the United States Trade Representative to be assigned to the United States Embassy in Mexico to carry out the duties described in subsection (b).
**(b) Duties** The duties described in this subsection are the following:
(1) Assist the Interagency Environment Committee to carry out monitoring and enforcement actions with respect to the environmental obligations of Mexico.
(2) Prepare and submit to the Interagency Environment Committee on a quarterly basis a report on efforts of Mexico to comply with its environmental obligations.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this Act:
(1) **GATT 1947; GATT 1994**
(A) *GATT 1947* — The term “GATT 1947” means the General Agreement on Tariffs and Trade, dated October 30, 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently rectified, amended, or modified by the terms of legal instruments which have entered into force before the date of entry into force of the WTO Agreement.
(B) *GATT 1994* — The term “GATT 1994” means the General Agreement on Tariffs and Trade annexed to the WTO Agreement.
(2) **HTS** — The term “HTS” means the Harmonized Tariff Schedule of the United States.
(3) **International Trade Commission** — The term “International Trade Commission” means the United States International Trade Commission.
(4) **Multilateral trade agreement** — The term “multilateral trade agreement” means an agreement described in [section 3511(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d&num=0&edition=prelim) (other than an agreement described in paragraph (17) or (18) of such section).
(5) **Schedule XX** — The term “Schedule XX” means Schedule XX—United States of America annexed to the Marrakesh Protocol to the GATT 1994.
(6) **Trade Representative** — The term “Trade Representative” means the United States Trade Representative.
(7) **Uruguay Round Agreements** — The term “Uruguay Round Agreements” means the agreements approved by the Congress under [section 3511(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/a/1&num=0&edition=prelim).
(8) **World Trade Organization and WTO** — The terms “World Trade Organization” and “WTO” mean the or
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulatory authority** The Secretary of the Treasury shall prescribe rules implementing the principles contained in subsection (b) for determining the origin of textiles and apparel products. Such rules shall be promulgated in final form not later than July 1, 1995.
**(b) Principles**
(1) **In general** — Except as otherwise provided for by statute, a textile or apparel product, for purposes of the customs laws and the administration of quantitative restrictions, originates in a country, territory, or insular possession, and is the growth, product, or manufacture of that country, territory, or insular possession, if—
(A) the product is wholly obtained or produced in that country, territory, or possession;
(B) the product is a yarn, thread, twine, cordage, rope, cable, or braiding and—
(i) the constituent staple fibers are spun in that country, territory, or possession, or
(ii) the continuous filament is extruded in that country, territory, or possession;
(C) the product is a fabric, including a fabric classified under chapter 59 of the HTS, and the constituent fibers, filaments, or yarns are woven, knitted, needled, tufted, felted, entangled, or transformed by any other fabric-making process in that country, territory, or possession; or
(D) the product is any other textile or apparel product that is wholly assembled in that country, territory, or possession from its component pieces.
(2) **Special rules**
(A) Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (B) and (C)—
(i) the origin of a good that is classified under one of the following HTS headings or subheadings shall be determined under subparagraph (A), (B), or (C) of paragraph (1), as appropriate: 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 63
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Federal law — U.S. Code and appendices · legal_authorities
Page 887
TITLE 19—CUSTOMS DUTIES
§ 3622
ject of any action proclaimed pursuant to sec-
tion 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 re-
spect 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 pe-
riod determined by the President to be appli-
cable 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.
(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.)
Editorial Notes
AMENDMENTS
2020—Subsec. (e). Pub. L. 116–113 amended subs
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 3611
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