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

Page 886 TITLE 19—CUSTOMS DUTIES § 3602 2578 to 2578b of this title, and section 1585 of Title 7, Ag- riculture, amending sections 1306, 1313, 2463, 2544, 2703, and 3203 of this title, sections 149, 150bb, 150cc, 154, 156, 281, 624, 1314i, 1359a, 1444–2, 1445, 1581, 1582, 1586, 1852, 2803, 5623, and 5651 of Title 7, section 713a–14 of Title 15, Commerce and Trade, and sections 104, 105, 135, 466, and 620 of Title 21, Food and Drugs, repealing sections 1585 and 1853 of Title 7, enacting provisions set out as notes under section 2135 of this title and sections 624, 1314i, 1445, and 5601 of Title 7, amending provisions set out as a note under section 1313 of this title and section 1731 of Title 7, and repealing provisions set out as a note under section 2253 of this title], and the amendments made by this title, shall take effect on the date of entry into force of the WTO Agreement with respect to the United States [Jan. 1, 1995].’’ Executive Documents DELEGATION OF AUTHORITY Authority of President under subsec. (d)(3) of this section delegated to United States Trade Representa- tive by par. (3) of Proc. No. 6763, Dec. 23, 1994, 60 F.R. 1010, set out as a note under section 3511 of this title. Authority of President under this section to imple- ment certain Memorandum of Understanding with Ar- gentina delegated to United States Trade Representa- tive by par. (5) of Proc. No. 6780, Mar. 23, 1995, 60 F.R. 15847, set out as a note under section 3511 of this title. PROC. NO. 7235. TO DELEGATE AUTHORITY FOR THE AD- MINISTRATION OF THE TARIFF-RATE QUOTAS ON SUGAR- CONTAINING PRODUCTS AND OTHER AGRICULTURAL PRODUCTS TO THE UNITED STATES TRADE REPRESENTA- TIVE AND THE SECRETARY OF AGRICULTURE Proc. No. 7235, Oct. 7, 1999, 64 F.R. 55611, provided: 1. On April 15, 1994, the President entered into trade agreements resulting from the Uruguay Round of mul- tilateral trade negotiations (‘‘Uruguay Round Agree- ments’’). As part of those agreements, the United States converted quotas on imports of beef, cotton, dairy products, peanuts, peanut butter and peanut paste, sugar, and sugar-containing products (as defined in additional U.S. notes 2 and 3 of the Harmonized Tar- iff Schedule of the United States [see 19 U.S.C. 1202]) into tariff-rate quotas. In section 101(a) of the Uruguay Round Agreements Act [19 U.S.C. 3511(a)] (the ‘‘URAA’’) (Public Law 103–65 [Pub. L. 103–465]; 108 Stat. 4809), Con- gress approved the Uruguay Round Agreements listed in section 101(d) of that Act, including the General Agreement on Tariffs and Trade 1994. 2. On December 23, 1994, the President issued Presi- dential Proclamation 6763 [19 U.S.C. 3511 note], imple- menting the Uruguay Round Agreements consistent with the URAA. Presidential Proclamation 6763 in- cluded a delegation of the President’s authority under the statutes cited in the proclamation, including sec- tion 404(a) of the URAA, 19 U.S.C. 3601(a), to the Sec- retary of Agriculture, the Secretary of the Treasury, and the United States Trade Representative, as nec- essary to perform functions assigned to them to imple- ment the proclamation. Section 404(a) directs the President to take such action as may be necessary in implementing the tariff-rate quotas set out in Schedule XX - United States of America, annexed to the Marra- kesh Protocol to the General Agreement on Tariffs and Trade 1994, to ensure that imports of agricultural prod- ucts do not disrupt the orderly marketing of commod- ities in the United States. 3. I have determined that it is necessary to delegate my authority under section 404(a) to administer the tariff-rate quotas relating to cotton, dairy products, peanuts, peanut butter and peanut paste, sugar, and sugar-containing products to the United States Trade Representative and to delegate to the Secretary of Ag- riculture authority to issue licenses governing the im- portation of such products under the applicable tariff- rate quotas. The Secretary of Agriculture shall exercise such licensing authority in consultation with the United States Trade Representative. NOW, THEREFORE, I, WILLIAM J. CLINTON, Presi- dent of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to section 301 of title 3, United States Code, and section 404(a) of the URAA, do hereby proclaim: (1) The United States Trade Representative is author- ized to exercise my authority pursuant to section 404(a) of the URAA to take all action necessary, including the promulgation of regulations, to administer the tariff- rate quotas relating respectively, to cotton, dairy prod- ucts, peanuts, peanut butter and peanut paste, sugar, and sugar-containing products, as the latter products are defined in additional U.S. notes 2 and 3 of the Har- monized Tariff Schedule of the United States. The Sec- retary of Agriculture, in consultation with the United States Trade Representative, is authorized to exercise my authority pursuant to section 404(a) to issue import licenses governing the importation of such products within the applicable tariff-rate quotas. (2) All provisions of previous proclamations and Exec- utive orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of October, in the year of our Lord nineteen hundred and ninety-nine, and of the Independence of the United States of America the two hundred and twenty-fourth. WILLIAM J. CLINTON. § 3602. Special agricultural safeguard authority (a) Determination of trigger levels Consistent with Article 5 as determined by the President, the President shall cause to be pub- lished 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 subpara- graph 1(a) of Article 5, on an annual basis; (B) the trigger price specified in subpara- graph 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 ap- propriate 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 safe- guard 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 safe- guard agricultural good pursuant to this section during any period in which such good is the sub- 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 subsec. (e) generally. Prior to amendment, text read as follows: ‘‘The President may exempt from any duty imposed under this section any good originating in a NAFTA country (as determined in accordance with section 3332 of this title).’’ 1996—Subsec. (b)(1). Pub. L. 104–295, § 11(1), substituted ‘‘1(b)’’ for ‘‘1(a)’’. Subsec. (b)(2). Pub. L. 104–295, § 11(2), substituted ‘‘1(a)’’ for ‘‘1(b)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–113, title II, § 201(b), Jan. 29, 2020, 134 Stat. 19, provided that: ‘‘(1) IN GENERAL.—The amendment made by sub- section (a) [amending this section] shall— ‘‘(A) take effect on the date on which the USMCA enters into force [July 1, 2020]; and ‘‘(B) apply with respect to a good entered for con- sumption, or withdrawn from warehouse for con- sumption, on or after that date. ‘‘(2) TRANSITION FROM NAFTA TREATMENT.—In the case of a good entered for consumption, or withdrawn from warehouse for consumption, before the date on which the USMCA enters into force— ‘‘(A) the amendment made by subsection (a) to sec- tion 405(e) of the Uruguay Round Agreements Act (19 U.S.C. 3602(e)) shall not apply with respect to the good; and ‘‘(B) section 405(e) of such Act, as in effect on the day before that date, shall continue to apply on and after that date with respect to the good.’’ [For definition of ‘‘USMCA’’ as used in section 201(b) of Pub. L. 116–113, set out above, see section 4502 of this title.] EFFECTIVE DATE Section effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as a note under section 3601 of this title. Executive Documents URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements an- nexed to that Agreement, as referred to in section 3511(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title. DELEGATION OF AUTHORITY Authority of President under subsec. (a) of this sec- tion delegated to Secretary of Agriculture by par. (4) of Proc. No. 6763, Dec. 23, 1994, 60 F.R. 1010, set out as a note under section 3511 of this title. PART B—EXPORTS § 3611. Repealed. Pub. L. 104–127, title II, § 201(b), Apr. 4, 1996, 110 Stat. 951 Section, Pub. L. 103–465, title IV, § 411(e), Dec. 8, 1994, 108 Stat. 4963, reaffirmed commitment of United States to provide food aid to developing countries. PART C—OTHER PROVISIONS § 3621. Tobacco proclamation authority (a) In general The President, after consultation with the Committee on Ways and Means of the House of Representatives and with the Committee on Fi- nance of the Senate, may proclaim the reduc- tion or elimination of any duty with respect to cigar binder and filler tobacco, wrapper tobacco, or oriental tobacco set forth in Schedule XX. (b) Effective date This section shall take effect on December 8, 1994. (Pub. L. 103–465, title IV, § 423, Dec. 8, 1994, 108 Stat. 4965.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as a note under section 3601 of this title. § 3622. Repealed. Pub. L. 105–362, title XIV, § 1401(c), Nov. 10, 1998, 112 Stat. 3294 Section, Pub. L. 103–465, title IV, § 424, Dec. 8, 1994, 108 Stat. 4965, related to the President’s report to Congress on access to Canadian dairy and poultry markets.