{"identifier":"/us/usc/t19/s3602","title":19,"num":"\u00a7\u202f3602.","heading":"Special agricultural safeguard authority","text":"\u00a7\u202f3602.\nSpecial agricultural safeguard authority\n(a)\nDetermination of trigger levels\nConsistent with Article 5 as determined by the President, the President shall cause to be published in the Federal Register\u2014\n(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\n(2) for each special safeguard agricultural good\u2014\n(A) the trigger level specified in subparagraph 1(a) of Article 5, on an annual basis;\n(B) the trigger price specified in subparagraph 1(b) of Article 5; and\n(C) the relevant period.\n(b)\nDetermination of safeguard\nIf the President determines with respect to a special safeguard agricultural good that it is appropriate to impose\u2014\n(1) the price-based safeguard in accordance with subparagraph 1(b) of Article 5; or\n(2) the volume-based safeguard in accordance with subparagraph 1(a) of Article 5,\nthe 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.\n(c)\nImposition of safeguard\nThe 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shall direct the Secretary of the Treasury to impose a duty on a special safeguard agricultural good entered, or withdrawn from warehouse, for consumption in the United States in accordance with a determination made under subsection (b).\n(d)\nNo simultaneous safeguard\nA duty may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.\n(e)\nExclusion of originating goods of USMCA countries\n(1)\nIn general\nThe President shall exempt from any duty imposed under this section any good that qualifies as an originating good under\nsection 4531 of this title\n(2)\nDefinitions\nIn this subsection, the terms \u201cpreferential tariff treatment\u201d, \u201cUSMCA\u201d, and \u201cUSMCA country\u201d have the meanings given those terms in\nsection 4502 of this title\n(f)\nAdvice of Secretary of Agriculture\nThe Secretary of Agriculture shall advise the President on the implementation of this section.\n(g)\nTermination date\nThis 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.\n(h)\nDefinitions\nFor purposes of this section\u2014\n(1) the term \u201cArticle 5\u201d means Article 5 of the Agreement on Agriculture described in\nsection 3511(d)(2) of this title\n(2) the term \u201crelevant period\u201d means the period determined by the President to be applicable to a special safeguard agricultural good for purposes of applying this section; and\n(3) the term \u201cspecial safeguard agricultural good\u201d means an agricultural good on which an additional duty may be imposed pursuant to the special safeguard provisions of Article 5.","url":"https://projectusc.org/usc/t19/s3602.html","content":[{"t":"sec","id":"/us/usc/t19/s3602","children":[{"t":"num","text":"\u00a7\u202f3602."},{"t":"heading","text":"Special agricultural safeguard authority"},{"t":"subsec","id":"/us/usc/t19/s3602/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Determination of trigger levels"},{"t":"chapeau","text":"Consistent with Article 5 as determined by the President, the President shall cause to be published in the Federal Register\u2014"},{"t":"para","id":"/us/usc/t19/s3602/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s3602/a/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" for each special safeguard agricultural good\u2014"},{"t":"subpara","id":"/us/usc/t19/s3602/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the trigger level specified in subparagraph 1(a) of Article 5, on an annual basis;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s3602/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the trigger price specified in subparagraph 1(b) of Article 5; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s3602/a/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the relevant period.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t19/s3602/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Determination of safeguard"},{"t":"chapeau","text":"If the President determines with respect to a special safeguard agricultural good that it is appropriate to impose\u2014"},{"t":"para","id":"/us/usc/t19/s3602/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the price-based safeguard in accordance with subparagraph 1(b) of Article 5; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s3602/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the volume-based safeguard in accordance with subparagraph 1(a) of Article 5,","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t19/s3602/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Imposition of safeguard"},{"t":"content","children":[{"t":"p","text":"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).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t19/s3602/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"No simultaneous safeguard"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t19/s3602/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Exclusion of originating goods of USMCA countries"},{"t":"para","id":"/us/usc/t19/s3602/e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The President shall exempt from any duty imposed under this section any good that qualifies as an originating good under ","children":[{"t":"ref","text":"section 4531 of this title","href":"/us/usc/t19/s4531","tail":" of a USMCA country with respect to which preferential tariff treatment is provided under the USMCA."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s3602/e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Definitions"},{"t":"content","children":[{"t":"p","text":"In this subsection, the terms \u201cpreferential tariff treatment\u201d, \u201cUSMCA\u201d, and \u201cUSMCA country\u201d have the meanings given those terms in ","children":[{"t":"ref","text":"section 4502 of this title","href":"/us/usc/t19/s4502","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t19/s3602/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Advice of Secretary of Agriculture"},{"t":"content","children":[{"t":"p","text":"The Secretary of Agriculture shall advise the President on the implementation of this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t19/s3602/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Termination date"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t19/s3602/h","children":[{"t":"num","text":"(h)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"For purposes of this section\u2014"},{"t":"para","id":"/us/usc/t19/s3602/h/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the term \u201cArticle 5\u201d means Article 5 of the Agreement on Agriculture described in ","children":[{"t":"ref","text":"section 3511(d)(2) of this title","href":"/us/usc/t19/s3511/d/2","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s3602/h/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the term \u201crelevant period\u201d means the period determined by the President to be applicable to a special safeguard agricultural good for purposes of applying this section; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s3602/h/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" the term \u201cspecial safeguard agricultural good\u201d means an agricultural good on which an additional duty may be imposed pursuant to the special safeguard provisions of Article 5.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}