§3602 Special Agricultural Safeguard Authority

Summary

The President must publish in the Federal Register a list of “special safeguard agricultural goods” by the date the WTO Agreement comes into force for the United States. For each listed good, the President must publish each year the trigger level from subparagraph 1(a) of Article 5, the trigger price from subparagraph 1(b) of Article 5, and the relevant period. If the President decides to use the price-based safeguard (subparagraph 1(b)) or the volume-based safeguard (subparagraph 1(a)) for a good, the President must tell the Secretary of the Treasury to add a duty on that good when it is entered or withdrawn for U.S. consumption. No duty may be in effect for a good while it is the subject of any action proclaimed under section 2252 or 2253 of this title. Goods that qualify as originating under section 4531 of this title from a USMCA country getting preferential tariff treatment under the USMCA must be exempted from any duty. The Secretary of Agriculture must advise the President on how to carry out this authority. This authority ends when the President determines the Article 5 special safeguard provisions are no longer in force for the United States. Definitions: Article 5 = Article 5 of the Agreement on Agriculture (see section 3511(d)(2)); relevant period = period the President sets; special safeguard agricultural good = an agricultural good that may get an extra duty under Article 5.