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19 U.S.C. § 3611 — Repealed. Pub. L. 104–127, title II, § 201(b),
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special safeguard provisions of Article 5 are no
longer in force with respect to the United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
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Orderly marketing** In implementing the tariff-rate quotas set out in Schedule XX for the entry, or withdrawal from warehouse, for consumption of goods in the United States, the President shall take such action as may be necessary to ensure that imports of agricultural products do not disrupt the orderly marketing of commodities in the United States.
**(b) Inadequate supply** Where imports of an agricultural product are subject to a tariff-rate quota, and where the President determines and proclaims that the supply of the same or directly competitive or substitutable agricultural product will be inadequate, because of a natural disaster, disease, or major national market disruption, to meet domestic demand at reasonable prices, the President may temporarily increase the quantity of imports of the agricultural product that is subject to the in-quota rate of duty established under the tariff-rate quota.
**(c) Monitoring** The Secretary of Agriculture shall monitor the domestic supply of agricultural products subject to a tariff-rate quota as the Secretary considers appropriate and shall advise the President when the domestic supply of the products and substitutable products combined with the estimated imports of the products under the tariff-rate quota may be inadequate to meet domestic demand at reasonable prices.
**(d) Coverage of tariff-rate quotas**
(1) **Exclusions** — The President may, subject to terms and conditions determined appropriate by the President, provide that the entry, or withdrawal from warehouse, for consumption in the United States of an agricultural product shall not be subject to the over-quota rate of duty established under a tariff-rate quota if the agricultural product—
(A) is imported by, or for the account of, any agency of the Un
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3602
Stored review status: release_metadata_unconfirmed. The source passage cites 19 U.S.C. § 3602. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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 Apri
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 3602
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 3602. This identifies an authority to review, not proof of applicability.
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3611
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.