Consistent 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.
If 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.
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shall direct the Secretary of the Treasury to impose a duty on a special safeguard agricultural good entered, or withdrawn from warehouse, for consumption in the United States in accordance with a determination made under subsection (b).
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.
The 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.
In this subsection, the terms "preferential tariff treatment", "USMCA", and "USMCA country" have the meanings given those terms in section 4502 of this title.
The Secretary of Agriculture shall advise the President on the implementation of this section.
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to be effective on the date, as determined by the President, that the special safeguard provisions of Article 5 are no longer in force with respect to the United States.
For 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.
(
2020-Subsec. (e).
1996-Subsec. (b)(1).
Subsec. (b)(2).
"(1)
"(A) take effect on the date on which the USMCA enters into force [July 1, 2020]; and
"(B) apply with respect to a good entered for consumption, or withdrawn from warehouse for consumption, on or after that date.
"(2)
"(A) the amendment made by subsection (a) to section 405(e) of the Uruguay Round Agreements Act (19 U.S.C. 3602(e)) shall not apply with respect to the good; and
"(B) section 405(e) of such Act, as in effect on the day before that date, shall continue to apply on and after that date with respect to the good."
[For definition of "USMCA" as used in section 201(b) of
Section effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of
The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements annexed to that Agreement, as referred to in section 3511(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title.
Authority of President under subsec. (a) of this section delegated to Secretary of Agriculture by par. (4) of Proc. No. 6763, Dec. 23, 1994, 60 F.R. 1010, set out as a note under section 3511 of this title.