# WTO Agricultural Quantity-Based Safeguard Trigger Levels

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2020-05506

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** March 17, 2020
- **Citation:** 85 FR 15109

## Text

DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
WTO Agricultural Quantity-Based Safeguard Trigger Levels

AGENCY:

Foreign Agricultural Service, U.S. Department of Agriculture.

ACTION:

Notice of product coverage and trigger levels for safeguard measures provided for in the World Trade Organization (WTO) Agreement on Agriculture.

SUMMARY:

This notice lists the updated quantity-based trigger levels for products which may be subject to additional import duties under the safeguard provisions of the WTO Agreement on Agriculture. This notice

also includes the relevant period applicable for the trigger levels on each of the listed products.

DATES:

This notice is applicable on March 17, 2020.

ADDRESSES:

Multilateral Affairs Division, Trade Policy and Geographic Affairs, Foreign Agricultural Service, U.S. Department of Agriculture, Stop 1070, 1400 Independence Avenue SW, Washington, DC 20250-1070.

FOR FURTHER INFORMATION CONTACT:

Souleymane Diaby, (202) 720-2916,
Souleymane.Diaby@usda.gov.

SUPPLEMENTARY INFORMATION:

Article 5 of the WTO Agreement on Agriculture provides that additional import duties may be imposed on imports of products subject to tarification as a result of the Uruguay Round, if certain conditions are met. The agreement permits additional duties to be charged if the price of an individual shipment of imported products falls below the average price for similar goods imported during the years 1986-88 by a specified percentage. It also permits additional duties when the volume of imports of that product exceeds the sum of (1) a base trigger level multiplied by the average of the last three years of available import data and (2) the change in yearly consumption in the most recent year for which data are available (provided that the final trigger level is not less than 105 percent of the three-year import average). The base trigger level is set at 105, 110, or 125 percent of the three-year import average, depending on the percentage of domestic consumption that is represented by imports. These additional duties may not be imposed on quantities for which minimum or current access commitments were made during the Uruguay Round negotiations, and only one type of safeguard, price or quantity, may be applied at any given time to an article.

Section 405 of the Uruguay Round Agreements Act requires that the President cause to be published in the
Federal Register
information regarding the price and quantity safeguards, including the quantity trigger levels, which must be updated annually based upon import levels during the most recent 3 years. The President delegated this duty to the Secretary of Agriculture in Presidential Proclamation No. 6763, dated December 23, 1994, 60 FR 1007 (Jan. 4, 1995). The Secretary of Agriculture further delegated this duty, which lies with the Administrator of the Foreign Agricultural Service (7 CFR 2.
601
(a)(42)). The Annex to this notice contains the updated quantity trigger levels, consistent with the provisions of Article 5.

Additional information on the products subject to safeguards and the additional duties which may apply can be found in subchapter IV of Chapter 99 of the Harmonized Tariff Schedule of the United States (2019) and in the Secretary of Agriculture's Notice of Uruguay Round Agricultural Safeguard Trigger Levels, published in the
Federal Register
at 60 FR 427 (Jan. 4, 1995).

Notice:
As provided in Section 405 of the Uruguay Round Agreements Act, consistent with Article 5 of the WTO Agreement on Agriculture, the safeguard quantity trigger levels previously notified are superseded by the levels indicated in the Annex to this notice. The definitions of these products were provided in the Notice of Safeguard Action published in the
Federal Register
, at 60 FR 427 (Jan. 4, 1995).

Issued at Washington, DC, this 28th day of February 2020.
Ken Isley,
Administrator, Foreign Agricultural Service.

Annex-Quantity-Based Safeguard Trigger

Product
2020 Quantity-based safeguard trigger
Trigger level
Unit
Period

Beef
255,113
MT
Jan 1, 2020—Dec 31, 2020.

Mutton
4,657
MT
Jan 1, 2020—Dec 31, 2020.

Cream
2,195,402
Liters
Jan 1, 2020—Dec 31, 2020.

Evaporated or Condensed Milk
5,643,813
Kilograms
Jan 1, 2020—Dec 31, 2020.

Nonfat Dry Milk
1,137,938
Kilograms
Jan 1, 2020—Dec 31, 2020.

Dried Whole Milk
8,075,070
Kilograms
Jan 1, 2020—Dec 31, 2020.

Dried Cream
34,923
Kilograms
Jan 1, 2020—Dec 31, 2020.

Dried Whey/Buttermilk
102,146
Kilograms
Jan 1, 2020—Dec 31, 2020.

Butter
1

61,716,866
Kilograms
Jan 1, 2020—Dec 31, 2020.

Butteroil
13,966,108
Kilograms
Jan 1, 2020—Dec 31, 2020.

Chocolate Crumb
11,324,477
Kilograms
Jan 1, 2020—Dec 31, 2020.

Lowfat Chocolate Crumb
76,422
Kilograms
Jan 1, 2020—Dec 31, 2020.

Animal Feed Containing Milk
622,860
Kilograms
Jan 1, 2020—Dec 31, 2020.

Ice Cream
9,583,319
Liters
Jan 1, 2020—Dec 31, 2020.

Dairy Mixtures
7,839,727
Kilograms
Jan 1, 2020—Dec 31, 2020.

Infant Formula Containing Oligosaccharides
3,931,855
Kilograms
Jan 1, 2020—Dec 31, 2020.

Blue Cheese
4,218,639
Kilograms
Jan 1, 2020—Dec 31, 2020.

Cheddar Cheese
8,505,766
Kilograms
Jan 1, 2020—Dec 31, 2020.

American-Type Cheese
238,299
Kilograms
Jan 1, 2020—Dec 31, 2020.

Edam/Gouda Cheese
9,479,493
Kilograms
Jan 1, 2020—Dec 31, 2020.

Italian-Type Cheese
21,815,576
Kilograms
Jan 1, 2020—Dec 31, 2020.

Swiss Cheese with Eye Formation
28,131,565
Kilograms
Jan 1, 2020—Dec 31, 2020.

Gruyere Process Cheese
4,007,719
Kilograms
Jan 1, 2020—Dec 31, 2020.

NSPF Cheese
46,553,755
Kilograms
Jan 1, 2020—Dec 31, 2020.

Lowfat Cheese
93,681
Kilograms
Jan 1, 2020—Dec 31, 2020.

Peanut Butter/Paste
4,395
MT
Jan 1, 2020—Dec 31, 2020.

Peanuts
1

29,060
MT
April 1, 2020—Mar 31, 2021.

Raw Cane Sugar
1

766,524
MT
Oct 1, 2020—Sept 30, 2021.

Refined Sugars and Syrups
1

256,005
MT
Oct 1, 2020—Sept 30, 2021.

Articles over 65% Sugar
482
MT
Oct 1, 2020—Sept 30, 2021.

Articles over 10% Sugar
11,093
MT
Oct 1, 2020—Sept 30, 2021.

Blended Syrups
391
MT
Oct 1, 2020—Sept 30, 2021.

Sweetened Cocoa Powder
459
MT
Oct 1, 2020—Sept 30, 2021.

Mixes and Doughs
781
MT
Oct 1, 2020—Sept 30, 2021.

Mixed Condiments and Seasonings
350
MT
Oct 1, 2020—Sept 30, 2021.

Short Staple Cotton
2

45,688
Kilograms
Sep 20, 2020—Sep 19, 2021.

Harsh or Rough Cotton
32,968
Kilograms
Aug 1, 2020—July 31, 2021.

Medium Staple Cotton
8,417
Kilograms
Aug 1, 2020—July 31, 2021.

Extra Long Staple Cotton
692,467
Kilograms
Aug 1, 2020—July 31, 2021.

Cotton Waste
2

1,013,866
Kilograms
Sep 20, 2020—Sep 19, 2021.

Cotton Processed but not Spun
2

124,933
Kilograms
Sep 11, 2020—Sep 10, 2021.

1
Includes change in U.S. consumption.

2
12-month period from October to September.

[FR Doc. 2020-05506 Filed 3-16-20; 8:45 am]
BILLING CODE 3410-10-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2020-05506. Public record. Not legal advice.
