74 FR 91 pgs. 22512-22514 - WTO Agricultural Safeguard Trigger Levels

Type: NOTICEVolume: 74Number: 91Pages: 22512 - 22514
FR document: [FR Doc. E9-11108 Filed 5-12-09; 8:45 am]
Agency: Agriculture Department
Sub Agency: Foreign Agricultural Service
Official PDF Version:  PDF Version

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service

WTO Agricultural Safeguard Trigger Levels

AGENCY:

Foreign Agricultural Service, USDA.

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 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:

Effective Date: May 13, 2009.

FOR FURTHER INFORMATION CONTACT:

Lana Bennett, Import Policies and Export Reporting Division, Foreign Agricultural Service, U.S. Department of Agriculture, Stop 1021, 1400 Independence Avenue, SW., Washington, DC 20250-1021, telephone at (202) 720-0638, or e-mail itspd@fas.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 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 the duty to the Administrator of the Foreign Agricultural Service (7 CFR 2.43 (a)(2) (2007)). 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 (2007) 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 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 Uruguay Round Agricultural Safeguard Trigger Levels, published in the Federal Register, at 60 FR 427 (Jan. 4, 1995).

Issued at Washington, DC, this 29th day of April 2009.

Patricial R. Sheikh,

Acting Administrator, Foreign Agricultural Service.

ANNEX

Product Trigger level Period
Beef 317,662 mt January 1, 2009 to December 31, 2009.
Mutton 6,808 mt January 1, 2009 to December 31, 2009.
Cream 1,125,550 liters January 1, 2009 to December 31, 2009.
Evaporated or Condensed Milk 5,234,255 kilograms January 1, 2009 to December 31, 2009.
Nonfat Dry Milk 219,775 kilograms January 1, 2009 to December 31, 2009.
Dried Whole Milk 2,239,115 kilograms January 1, 2009 to December 31, 2009.
Dried Cream 29,393 kilograms January 1, 2009 to December 31, 2009.
Dried Whey/Buttermilk 19,998 kilograms January 1, 2009 to December 31, 2009.
Butter 7,514,294 kilograms January 1, 2009 to December 31, 2009.
Butter Oil and Butter Substitutes 6,541,513 kilograms January 1, 2009 to December 31, 2009.
Dairy Mixtures 52,092,707 kilograms January 1, 2009 to December 31, 2009.
Blue Cheese 5,229,457 kilograms January 1, 2009 to December 31, 2009.
Cheddar Cheese 12,279,311 kilograms January 1, 2009 to December 31, 2009.
American-Type Cheese 8,841,320 kilograms January 1, 2009 to December 31, 2009.
Edam/Gouda Cheese 8,013,001 kilograms January 1, 2009 to December 31, 2009.
Italian-Type Cheese 23,312,030 kilograms January 1, 2009 to December 31, 2009.
Swiss Cheese with Eye Formation 30,506,943 kilograms January 1, 2009 to December 31, 2009.
Gruyere Process Cheese 5,517,302 kilograms January 1, 2009 to December 31, 2009.
Lowfat Cheese 956,596 kilograms January 1, 2009 to December 31, 2009.
NSPF Cheese 50,252,329 kilograms January 1, 2009 to December 31, 2009.
Peanuts 12,096 mt April 1, 2008 to March 31, 2009.
15,172 mt April 1, 2009 to March 31, 2010.
Peanut Butter/Paste 4,183 mt January 1, 2009 to December 31, 2009.
Raw Cane Sugar 1,462,968 mt October 1, 2008 to September 30, 2009.
1,407,556 mt October 1, 2009 to September 30, 2010.
Refined Sugar and Syrups 175,217 mt October 1, 2008 to September 30, 2009.
191,180 mt October 1, 2009 to September 30, 2010.
Blended Syrups 72 mt October 1, 2008 to September 30, 2009.
107 mt October 1, 2009 to September 30, 2010.
Articles Over 65% Sugar 669 mt October 1, 2008 to September 30, 2009.
578 mt October 1, 2009 to September 30, 2010.
Articles Over 10% Sugar 16,759 mt October 1, 2008 to September 30, 2009.
15,617 mt October 1, 2009 to September 30, 2010.
Sweetened Cocoa Powder 1,329 mt October 1, 2008 to September 30, 2009.
1,249 mt October 1, 2009 to September 30, 2010.
Chocolate Crumb 9,296,789 kilograms January 1, 2009 to December 31, 2009.
Lowfat Chocolate Crumb 229,577 kilograms January 1, 2009 to December 31, 2009.
Infant Formula Containing Oligosaccharides 9,173 kilograms January 1, 2009 to December 31, 2009.
Mixes and Doughs 243 mt October 1, 2008 to September 30, 2009.
315 mt October 1, 2009 to September 30, 2010.
Mixed Condiments and Seasonings 128 mt October 1, 2008 to September 30, 2009.
176 mt October 1, 2009 to September 30, 2010.
Ice Cream 2,810,259 liters January 1, 2009 to December 31, 2009.
Animal Feed Containing Milk 23,363 kilograms January 1, 2009 to December 31, 2009.
Short Staple Cotton 669,917 kilograms September 20, 2008 to September 19, 2009.
699,482 kilograms September 20, 2009 to September 19, 2010.
Harsh or Rough Cotton 0 kilograms August 1, 2008 to July 31, 2009.
0 kilograms August 1, 2009 to July 31, 2010.
Medium Staple Cotton 1,723,796 kilograms August 1, 2008 to July 31, 2009.
688,341 kilograms August 1, 2009 to July 31, 2010.
Extra Long Staple Cotton 4,416,936 kilograms August 1, 2008 to July 31, 2009.
3,656,233 kilograms August 1, 2009 to July 31, 2010.
Cotton Waste 70,768 kilograms September 20, 2008 to September 19, 2009.
395,745 kilograms September 20, 2009 to September 19, 2010.
Cotton, Processed, Not Spun 10,205 kilograms September 11, 2008 to September 10, 2009.
3,995 kilograms September 11, 2009 to September 10, 2010.

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[FR Doc. E9-11108 Filed 5-12-09; 8:45 am]

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