19 USC 3602 - Special agricultural safeguard authority

U.S Code last checked for updates: Nov 22, 2024

§ 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 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

(d)

No simultaneous safeguard

(e)

Exclusion of originating goods of USMCA countries

(1)

In general

(2)

Definitions

(f)

Advice of Secretary of Agriculture

(g)

Termination date

(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.

(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.)

cite as: 19 USC 3602