§ 3602. Special agricultural safeguard authority

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–465 title IV § 405 · 108 Stat. 4809

   Enacted · 19 U.S.C. § 3602

   Pub. L. 103–465, title IV, § 405, Dec. 8, 1994, 108 Stat. 4961

   Source evidence

   Code source credit
   Pub. L. 103–465, title IV, § 405, Dec. 8, 1994, 108 Stat. 4961

   Enacted provision · exact public law section
   SEC. 405. SPECIAL AGRICULTURAL SAFEGUARD AUTHORITY. (a) Determination of Trigger Levels.— Consistent with Article President. Federal Register, publication. 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-cased safeguard in accordance with subparagraph 1(a) or Article 5; or (2) the volume-based safeguard in accordance with subparagraph 1(b) 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shall direct the Secretary of the Treasury to impose a duty on a special safeguard agricultural good entered, or withdrawn from warehouse, for consumption m the United States in accordance with a determination made under subsection (b).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 202 or 203 of the Trade Act of 1974 (19 U.S.C. 2252 or 2253). (e) Exclusion of NAFTA Countries— The President may exempt from any duty imposed under this section any good originating in a NAFTA country (as determined in accordance with section 202 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3332)). (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 101(d)(2); (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.

2. 1996

   Miscellaneous Trade and Technical Corrections Act of 1996

   Pub. L. 104–295 § 11(1) · 110 Stat. 3514

   Substituted · 19 U.S.C. § 3602(b)(1)

   Pub. L. 104–295, § 11(1), substituted “1(b)” for “1(a)”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 104–295, § 11(1), substituted “1(b)” for “1(a)”.

   Enacted provision · exact public law section
   (1) in paragraph (1) by striking “1(a)” and inserting “1(b)”; and

3. 1996

   Miscellaneous Trade and Technical Corrections Act of 1996

   Pub. L. 104–295 § 11(2) · 110 Stat. 3514

   Substituted · 19 U.S.C. § 3602(b)(2)

   Pub. L. 104–295, § 11(2), substituted “1(a)” for “1(b)”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 104–295, § 11(2), substituted “1(a)” for “1(b)”.

   Enacted provision · exact public law section
   (2) in paragraph (2) by striking “1(b)” and inserting “1(a)”.

4. 2020

   United States-Mexico-Canada Agreement Implementation Act

   Pub. L. 116–113 title II § 201(a) · 134 Stat. 11

   Amended · 19 U.S.C. § 3602(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).”

   Source evidence

   Code amendment note
   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).”

   Enacted provision · exact public law section
   (a) In General.— Section 405(e) of the Uruguay Round Agreements Act (19 U.S.C. 3602(e)) is amended to read as follows: “(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 202 of the United States-Mexico-Canada Agreement Implementation Act 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 3 of the United States-Mexico-Canada Agreement Implementation Act.” .

   Effective date note
   Pub. L. 116–113, title II, § 201(b), Jan. 29, 2020, 134 Stat. 19, provided that: [For definition of “USMCA” as used in section 201(b) of Pub. L. 116–113, set out above, see section 4502 of this title.]

4 of 4 references resolved to an enrolled provision