80 FR 60114 - Special Agricultural Safeguard Measures Pursuant to the Uruguay Round Agreements Act

DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service

Federal Register Volume 80, Issue 192 (October 5, 2015)

After reviewing the volume of butter imports (including fresh or sour cream containing over 45 percent by weight of butterfat), the Administrator of the Foreign Agricultural Service has determined that the yearly special safeguard trigger level has been met and a special safeguard duty on certain imports of butter and fresh or sour cream will be imposed effective from the date of this notification through December 31, 2015. This additional duty, as described in subheadings 9904.04.20 and 9904.04.21 of the Harmonized Tariff Schedule of the United States (HTS), will be applicable to butter and fresh or sour cream imported under HTS subheadings 0401.50.75, 0403.90.78, and 0405.10.20.

[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Page 60114]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25235]


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Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / 
Notices

[[Page 60114]]



DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service


Special Agricultural Safeguard Measures Pursuant to the Uruguay 
Round Agreements Act

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Notification of invocation of special agricultural safeguard 
duty on imports of butter and fresh or sour cream containing over 45 
percent by weight of butterfat.

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SUMMARY: After reviewing the volume of butter imports (including fresh 
or sour cream containing over 45 percent by weight of butterfat), the 
Administrator of the Foreign Agricultural Service has determined that 
the yearly special safeguard trigger level has been met and a special 
safeguard duty on certain imports of butter and fresh or sour cream 
will be imposed effective from the date of this notification through 
December 31, 2015. This additional duty, as described in subheadings 
9904.04.20 and 9904.04.21 of the Harmonized Tariff Schedule of the 
United States (HTS), will be applicable to butter and fresh or sour 
cream imported under HTS subheadings 0401.50.75, 0403.90.78, and 
0405.10.20.

DATES: Effective October 5, 2015 through December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Ron Lord, Import Policies and Export 
Reporting Division, Stop 1021, Foreign Agricultural Service, U.S. 
Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 
20250-1022, or telephone (202) 720-6939.

SUPPLEMENTARY INFORMATION: U.S. Notes 1 and 2 to Subchapter IV, Chapter 
99, of the Harmonized Tariff Schedule of the United States (HTS) 
contain safeguard measures established pursuant to Article 5 of the 
World Trade Organization (WTO) Agreement on Agriculture, as approved 
pursuant to Section 101 of the Uruguay Round Agreements Act (Pub. L. 
103-465). These safeguard measures include the imposition of additional 
duties based upon the volume of butter and fresh or sour cream imports 
into the United States. Subheadings 9904.04.20 and 9904.04.21 of the 
HTS provide for the imposition of additional safeguard duties for 
butter and fresh or sour cream upon notification in the Federal 
Register by the Secretary of Agriculture or the Secretary's delegee 
that a specific volume of imports has been exceeded. The 2015 trigger 
level for butter and fresh or sour cream is 9,414,976 kilograms (80 FR 
36962, June 29, 2015). Specifically, HTS subheadings 9904.04.20 and 
9904.04.21 provide for an additional duty of 54.9 cents per kilogram on 
imports entered under HTS subheadings 0401.50.75 and 0403.90.78, and an 
additional duty of 51.4 cents per kilogram on imports entered under HTS 
subheading 0405.10.20.
    Section 405(a) of the Uruguay Round Agreements Act requires, among 
other things, that the President shall determine and cause to be 
published in the Federal Register the list of special safeguard 
agricultural goods and the applicable trigger prices and, on an annual 
basis, quantity trigger levels. Section 405(b) of that Act provides, in 
relevant part, that if the President determines with respect to a 
special safeguard agricultural good that it is appropriate to impose 
the volume-based safeguard, then the President shall 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.
    Further to the application of such special agricultural safeguard 
duties, the President proclaimed on December 23, 1994 (Presidential 
Proclamation No. 6763) the provisions of U.S. Notes 1 and 2 to 
Subchapter IV, Chapter 99, of the HTS as well as the automatically 
applicable safeguard duties set forth in such subchapter upon 
satisfaction of the requisite conditions. Such U.S. Notes 1 and 2 set 
forth the other terms and conditions for application of any such duty.
    As also provided in Presidential Proclamation 6763, the President 
delegated to the Secretary of Agriculture the authority to make the 
determinations and effect the publications described in section 405(a) 
of the Uruguay Round Agreements Act. The Secretary of Agriculture has 
further delegated this authority to the Under Secretary for Farm and 
Foreign Agricultural Services (7 CFR 2.16(a)(3)(x1ii)), who has in turn 
further delegated the authority to determine the quantity trigger 
levels to the Administrator of the Foreign Agricultural Service (7 CFR 
2.43(a)(42)). The Administrator determined that the 2015 trigger level 
for butter and fresh or sour cream is 9,414,976 kilograms (80 FR 36962, 
June 29, 2015).

Notice

    The Administrator has determined that the amount of butter and 
fresh or sour cream imported during 2015 has exceeded the trigger level 
of 9,414,976 kilograms. In accordance with U.S. Notes 1 and 2, 
Subchapter IV, Chapter 99 of the HTS and HTS subheadings 9904.04.20 and 
9904.04.21, an additional duty of 54.9 cents per kilogram shall apply 
to HTS subheadings 0401.50.75 and 0403.90.78, and an additional duty of 
51.4 cents per kilogram shall apply to HTS subheading 0405.10.20, from 
the date of publication of this notice through December 31, 2015.
    As provided in U.S. Note 1, goods of Canada, Mexico, Jordan, 
Singapore, Chile, Australia, Morocco, El Salvador, Honduras, Nicaragua, 
Guatemala, Bahrain, Dominican Republic, Costa Rica, Peru, Oman, Korea, 
Colombia, and Panama imported into the United States are not subject to 
such duty. As provided in U.S. Note 2, this duty shall not apply to any 
goods en route on the basis of a contract settled before the date of 
publication of this notice.

    Issued at Washington, DC, this 25th day of September 2015.
Philip C. Karsting,
Administrator, Foreign Agricultural Services, U.S. Department of 
Agriculture.
[FR Doc. 2015-25235 Filed 10-2-15; 8:45 am]
 BILLING CODE 3410-10-P