WTO Agricultural Quantity-Based Safeguard Trigger Levels

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Federal RegisterMay 25, 2016
81 Fed. Reg. 33200 (May. 25, 2016)

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:

May 25, 2016.

FOR FURTHER INFORMATION CONTACT:

Safeguard Staff, Import Policies and Export Reporting Division, Office of Trade Programs, Foreign Agricultural Service, U.S. Department of Agriculture, Stop 1020, 1400 Independence Avenue SW., Washington, DC 20250-1020; by telephone (202) 720-0638; or by fax (202) 720-0876.

SUPPLEMENTARY INFORMATION:

Article 5 of the WTO Agreement on Agriculture provides that additional import duties may be imposed on imports of products subject to tariffication 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 to be imposed if the volume of imports of an article exceeds the average of the most recent 3 years for which data are available by 5, 10, or 25 percent, depending on the article. 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 1005 (Jan. 4, 1995). The Secretary of Agriculture further delegated this duty, which lies with the Administrator of the Foreign Agricultural Service (7 CFR 2.43(a)(2)). The Annex to this notice contains the updated quantity trigger levels.

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 (2016) 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 superceded 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 25th day of April 2016.

Suzanne Palmieri,

Administrator, Foreign Agricultural Service.

Annex

Quantity-Based Safeguard Trigger

Product Trigger level Period
Beef 317,530 mt January 1, 2016 to December 31, 2016.
Mutton 3,316 mt January 1, 2016 to December 31, 2016.
Cream 2,789 liters January 1, 2016 to December 31, 2016.
Evaporated or Condensed Milk 1,173,090 kg January 1, 2016 to December 31, 2016.
Nonfat Dry Milk 525,441 kg January 1, 2016 to December 31, 2016.
Dried Whole Milk 3,406,679 kg January 1, 2016 to December 31, 2016.
Dried Cream 586 kg January 1, 2016 to December 31, 2016.
Dried Whey/Buttermilk 18,198 kg January 1, 2016 to December 31, 2016.
Butter 13,656,765 kg January 1, 2016 to December 31, 2016.
Butter Oil and Butter Substitutes 6,076,713 kg January 1, 2016 to December 31, 2016.
Dairy Mixtures 15,718,595 kg January 1, 2016 to December 31, 2016.
Blue Cheese 4,865,957 kg January 1, 2016 to December 31, 2016.
Cheddar Cheese 11,292,096 kg January 1, 2016 to December 31, 2016.
American-Type Cheese 663,153 kg January 1, 2016 to December 31, 2016.
Edam/Gouda Cheese 8,161,533 kg January 1, 2016 to December 31, 2016.
Italian-Type Cheese 19,591,643 kg January 1, 2016 to December 31, 2016.
Swiss Cheese with Eye Formation 28,790,738 kg January 1, 2016 to December 31, 2016.
Gruyere Process Cheese 3,745,854 kg January 1, 2016 to December 31, 2016.
NSPF Cheese 52,603,975 kg January 1, 2016 to December 31, 2016.
Lowfat Cheese 153,319 kg January 1, 2016 to December 31, 2016.
Peanuts 19,037 mt April 1, 2015 to March 31, 2016.
13,106 mt April 1, 2016 to March 31, 2017.
Peanut Butter/Paste 3,592 mt January 1, 2016 to December 31, 2016.
Raw Cane Sugar 676,944 mt October 1, 2015 to September 30, 2016.
617,282 mt October 1, 2016 to September 30, 2017.
Refined Sugar and Syrups 177,579 mt October 1, 2015 to September 30, 2016.
355,264 mt October 1, 2016 to September 30, 2017.
Blended Syrups 87 mt October 1, 2015 to September 30, 2016.
106 mt October 1, 2016 to September 30, 2017.
Articles Over 65% Sugar 385 mt October 1, 2015 to September 30, 2016.
415 mt October 1, 2016 to September 30, 2017.
Articles Over 10% Sugar 20,158 mt October 1, 2015 to September 30, 2016.
18,930 mt October 1, 2016 to September 30, 2017.
Sweetened Cocoa Powder 86 mt October 1, 2015 to September 30, 2016.
72 mt October 1, 2016 to September 30, 2017.
Chocolate Crumb 12,167,560 kg January 1, 2016 to December 31, 2016.
Lowfat Chocolate Crumb 500,069 kg January 1, 2016 to December 31, 2016.
Infant Formula Containing Oligosaccharides 309,726 kg January 1, 2016 to December 31, 2016.
Mixes and Doughs 230 mt October 1, 2014 to September 30, 2015.
234 mt October 1, 2015 to September 30, 2016.
Mixed Condiments and Seasonings 961 mt October 1, 2015 to September 30, 2016.
894 mt October 1, 2016 to September 30, 2017.
Ice Cream 2,964,185 liters January 1, 2016 to December 31, 2016.
Animal Feed Containing Milk 27,792 kg January 1, 2016 to December 31, 2016.
Short Staple Cotton 2,330,949 kg September 20, 2015 to September 19, 2016.
1,363,307 kg September 20, 2016 to September 19, 2017.
Harsh or Rough Cotton 0 kilograms August 1, 2015 to July 31, 2016.
13 kg August 1, 2016 to July 31, 2017.
Medium Staple Cotton 48,783 kg August 1, 2015 to July 31, 2016.
0 kg August 1, 2016 to July 31, 2017.
Extra Long Staple Cotton 1,505,611 kg August 1, 2015 to July 31, 2016.
1,270,096 kg August 1, 2016 to July 31, 2017.
Cotton Waste 793,048 kg September 20, 2015 to September 19, 2016.
925,273 kg September 20, 2016 to September 19, 2017.
Cotton, Processed, Not Spun 2,058 kg September 20, 2015 to September 19, 2016.
51 kg September 20, 2016 to September 19, 2017.

[FR Doc. 2016-12321 Filed 5-24-16; 8:45 am]

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