Collapse to view only § 3602. Special agricultural safeguard authority
§ 3601. Administration of tariff-rate quotas
(a) Orderly marketing
(b) Inadequate supply
(c) Monitoring
(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 United States or of any foreign embassy;
(B) is imported as a sample for taking orders, for the personal use of the importer, or for the testing of equipment;
(C) is a commercial sample or is entered for exhibition, display, or sampling at a trade fair or for research; or
(D) is a blended syrup provided for in subheadings 1702.20.28, 1702.30.28, 1702.40.28, 1702.60.28, 1702.90.58, 1806.20.92, 1806.20.93, 1806.90.38, 1806.90.40, 2101.10.38, 2101.20.38, 2106.90.38, or 2106.90.67 of Schedule XX, if entered from a foreign trade zone by a foreign trade zone user whose facilities were in operation on June 1, 1990, to the extent that the annual quantity entered into the customs territory from such zone does not contain a quantity of sugar of nondomestic origin greater than the quantity authorized by the Foreign Trade Zones Board for processing in that zone during calendar year 1985.
(2) Reclassification
(3) Allocation
(4) Bilateral agreement
The President may proclaim an increase in the tariff-rate quota for beef if the President determines that an increase is necessary to implement—
(A) the March 24, 1994, agreement between the United States and Argentina; or
(B) the March 9, 1994, agreement between the United States and Uruguay.
(5) Continuation of sugar headnote
(Pub. L. 103–465, title IV, § 404, Dec. 8, 1994, 108 Stat. 4959.)
§ 3602. Special agricultural safeguard authority
(a) Determination of trigger levelsConsistent 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 safeguardIf 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) DefinitionsFor 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.)