USC Subchapter IV

in effect

19 U.S.C. § 3601 Administration of tariff-rate quotas

(a) Orderly marketingIn implementing the tariff-rate quotas set out in Schedule XX for the entry, or withdrawal from warehouse, for consumption of goods in the United States, the President shall take such action as may be necessary to ensure that imports of agricultural products do not disrupt the orderly marketing of commodities in the United States. (b) Inadequate supplyWhere imports of an agricultural product are subject to a tariff-rate quota, and where the President determines and proclaims that the supply of the same or directly competitive or substitutable agricultural product will be inadequate, because of a natural disaster, disease, or major national market disruption, to meet domestic demand at reasonable prices, the President may temporarily increase the quantity of imports of the agricultural product that is subject to the in-quota rate of duty established under the tariff-rate quota. (c) MonitoringThe Secretary of Agriculture shall monitor the domestic supply of agricultural products subject to a tariff-rate quota as the Secretary considers appropriate and shall advise the President when the domestic supply of the products and substitutable products combined with the estimated imports of the products under the tariff-rate quota may be inadequate to meet domestic demand at reasonable prices. (d) Coverage of tariff-rate quotas(1) ExclusionsThe President may, subject to terms and conditions determined appropriate by the President, provide that the entry, or withdrawal from warehouse, for consumption in the United States of an agricultural product shall not be subject to the over-quota rate of duty established under a tariff-rate quota if the agricultural product—(A) is imported by, or for the account of, any agency of the United States or of any foreign embassy; (B) is imported as a sample for taking orders, for the personal use of the importer, or for the testing of equipment; (C) is a commercial sample or is entered for exhibition, display, or sampling at a trade fair or for research; or (D) is a blended syrup provided for in subheadings 1702.20.28, 1702.30.28, 1702.40.28, 1702.60.28, 1702.90.58, 1806.20.92, 1806.20.93, 1806.90.38, 1806.90.40, 2101.10.38, 2101.20.38, 2106.90.38, or 2106.90.67 of Schedule XX, if entered from a foreign trade zone by a foreign trade zone user whose facilities were in operation on June 1, 1990, to the extent that the annual quantity entered into the customs territory from such zone does not contain a quantity of sugar of nondomestic origin greater than the quantity authorized by the Foreign Trade Zones Board for processing in that zone during calendar year 1985. (2) ReclassificationSubject to the consultation and layover requirements of section 3524 of this title, the President may proclaim a modification to the coverage of a tariff-rate quota for any agricultural product if the President determines the modification is necessary or appropriate to conform the tariff-rate quota to Schedule XX as a result of a reclassification of any item by the Secretary of the Treasury. (3) AllocationThe President may allocate the in-quota quantity of a tariff-rate quota for any agricultural product among supplying countries or customs areas and may modify any allocation as determined appropriate by the President. (4) Bilateral agreementThe President may proclaim an increase in the tariff-rate quota for beef if the President determines that an increase is necessary to implement—(A) the March 24, 1994, agreement between the United States and Argentina; or (B) the March 9, 1994, agreement between the United States and Uruguay. (5) Continuation of sugar headnoteThe President is authorized to proclaim additional United States note 3 to chapter 17 of the HTS, and to proclaim the modifications to the note, as determined appropriate by the President to reflect Schedule XX.

19 U.S.C. § 3602 Special agricultural safeguard authority

(a) Determination of trigger levelsConsistent with Article 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 safeguardIf the President determines with respect to a special safeguard agricultural good that it is appropriate to impose—(1) the price-based safeguard in accordance with subparagraph 1(b) of Article 5; or (2) the volume-based safeguard in accordance with subparagraph 1(a) 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 safeguardThe 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). (d) No simultaneous safeguardA 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. (e) Exclusion of originating goods of USMCA countries(1) In generalThe President shall exempt from any duty imposed under this section any good that qualifies as an originating good under section 4531 of this title of a USMCA country with respect to which preferential tariff treatment is provided under the USMCA. (2) DefinitionsIn this subsection, the terms “preferential tariff treatment”, “USMCA”, and “USMCA country” have the meanings given those terms in section 4502 of this title. (f) Advice of Secretary of AgricultureThe Secretary of Agriculture shall advise the President on the implementation of this section. (g) Termination dateThis 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) DefinitionsFor purposes of this section—(1) the term “Article 5” means Article 5 of the Agreement on Agriculture described in section 3511(d)(2) of this title; (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.

19 U.S.C. § 3621 Tobacco proclamation authority

(a) In generalThe President, after consultation with the Committee on Ways and Means of the House of Representatives and with the Committee on Finance of the Senate, may proclaim the reduction or elimination of any duty with respect to cigar binder and filler tobacco, wrapper tobacco, or oriental tobacco set forth in Schedule XX. (b) Effective dateThis section shall take effect on December 8, 1994.

19 U.S.C. § 3623 Study of milk marketing order system

The Secretary of Agriculture shall conduct a study to determine the effects of the Uruguay Round Agreements on the Federal milk marketing order system. Not later than 6 months after the date of entry into force of the WTO Agreement with respect to the United States, the Secretary of Agriculture shall report to the Congress on the results of the study.

19 U.S.C. § 3624 Additional program funding

(a) Use of additional fundsConsistent, as determined by the President, with the obligations undertaken by the United States set forth in the Uruguay Round Agreements, the Commodity Credit Corporation shall use, in addition to any other funds appropriated or made available for such purposes, any funds made available under subsection (b) for authorized export promotion, foreign market development, export credit financing, and promoting the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities. (b) Amount of additional fundsAmounts shall be credited to the Commodity Credit Corporation in fiscal year 1995 equal to the lesser of the dollar amount of—(1) the fiscal year 1995 Pay-As-You-Go savings; and (2) the 5-year Pay-As-You-Go savings; under section 902 of title 2, resulting from the enactment of the Federal Crop Insurance Reform Act of 1994. (c) Effective dateThis section shall take effect on December 8, 1994.