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Notice

WTO Agricultural Safeguard Trigger Levels

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Information about this document as published in the Federal Register.

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Start Preamble

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. It also includes the relevant Start Printed Page 34639period applicable for trigger levels on each of those products.

DATES:

Effective Date: June 22, 2004.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Charles R. Bertsch, Multilateral Trade Negotiations Division, Foreign Agricultural Service, room 5524—South Building, U.S. Department of Agriculture, Washington, DC 20250-1022, telephone at (202) 720-6278, or e-mail charles.bertsch@usda.gov.

End Further Info End Preamble Start Supplemental Information

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, Quantity Based Safeguard Trigger dated December 23, 1994. The Secretary of Agriculture further delegated the duty to the Administrator of the Foreign Agricultural Service (7 CFR 2.43 (a)(2)). 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 and in the Secretary of Agriculture's Notice of Safeguard Action, published in the Federal Register at 60 FR 427, January 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.

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Issued at Washington, DC, this 14th day of June, 2004.

A. Ellen Terpstra,

Administrator, Foreign Agricultural Service, Annex.

End Signature

The definitions of these products were provided in the Notice of Safeguard Action published in the Federal Register, at 60 FR 427, January 4, 1995.

Quantity-Based Safeguard Trigger

ProductTrigger levelPeriod
Beef1,193,903 mtJanuary 1, 2004 to December 31, 2004.
Mutton20,668 mtJanuary 1, 2004 to December 31, 2004.
Cream5,839,930 litersJanuary 1, 2004 to December 31, 2004.
Evaporated or Condensed Milk7,019,525 kilogramsJanuary 1, 2004 to December 31, 2004.
Nonfat Dry Milk3,677,993 kilogramsJanuary 1, 2004 to December 31, 2004.
Dried Whole Milk4,116,442 kilogramsJanuary 1, 2004. to December 31, 2004
Dried Cream40,845 kilogramsJanuary 1, 2004. to December 31, 2004
Dried Whey/Buttermilk90,263 kilogramsJanuary 1, 2004 to December 31, 2004.
Butter13,754,490 kilogramsJanuary 1, 2004 to December 31, 2004.
Butter Oil and Butter Substitutes10,516,706 kilogramsJanuary 1, 2004 to December 31, 2004.
Dairy Mixtures5,131,250 kilogramsJanuary 1, 2004 to December 31, 2004.
Blue Cheese4,561,399 kilogramsJanuary 1, 2004 to December 31, 2004.
Cheddar Cheese16,309,700 kilogramsJanuary 1, 2004 to December 31, 2004.
American-Type Cheese25,288,825 kilogramsJanuary 1, 2004 to December 31, 2004.
Edam/Gouda Cheese8,242,960 kilogramsJanuary 1, 2004 to December 31, 2004.
Italian-Type Cheese20,435,015 kilogramsJanuary 1, 2004 to December 31, 2004.
Swiss Cheese with Eye Formation35,995,675 kilogramsJanuary 1, 2004 to December 31, 2004.
Gruyere Process Cheese8,309,266 kilogramsJanuary 1, 2004 to December 31, 2004.
Lowfat Cheese3,598,612 kilogramsJanuary 1, 2004 to December 31, 2004.
NSPF Cheese59,837,314 kilogramsJanuary 1, 2004 to December 31, 2004.
Peanuts54,853 mtApril 1, 2004 to March 31, 2005.
Peanut Butter/Paste20,512 mtJanuary 1, 2004 to December 31, 2004.
Raw Cane Sugar1,267,407 mt 1,297,851 mtOctober 1, 2003 to September 30, 2004. October 1, 2004 to September 30, 2005.
Refined Sugar and Syrups95,196 mt 95,785 mtOctober 1, 2003 to September 30, 2004. October 1, 2004 to September 30, 2005.
Blended Syrups5 mt 8 mtOctober 1, 2003 to September 30, 2004. October 1, 2004 to September 30, 2005.
Articles Over 65% Sugar23 mt 23 mtOctober 1, 2003 to September 30, 2004. October 1, 2004 to September 30, 2005.
Articles Over 10% Sugar80,886 mt 80,886 mtOctober 1, 2003 to September 30, 2004. October 1, 2004 to September 30, 2005.
Sweetened Cocoa Powder841 mt 531 mtOctober 1, 2003 to September 30, 2004. October 1, 2004 to September 30, 2005.
Chocolate Crumb25,555,455 kilogramsJanuary 1, 2004 to December 31, 2005.
Lowfat Chocolate Crumb460,840 kilogramsJanuary 1, 2004 to December 31, 2004.
Infant Formula Containing Oligosaccharides106,234 kilogramsJanuary 1, 2004 to December 31, 2004.
Mixes and Doughs5,375 mt 6,757 mtOctober 1, 2003 to September 30, 2004. October 1, 2004 to September 30, 2005.
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Mixed Condiments and Seasonings560 mt 402 mtOctober 1, 2003 to September 30, 2004. October 1, 2004 to September 30, 2005.
Ice Cream4,404,744 litersJanuary 1, 2004 to December 31, 2004.
Animal Feed Containing Milk28,962 kilogramsJanuary 1, 2004 to December 31, 2004.
Short Staple Cotton233,399 kilograms 94,717 kilogramsSeptember 20, 2003 to September 19, 2004. September 20, 2004 to September 19, 2005.
Harsh or Rough Cotton0 mt 0 mtAugust 1, 2003 to July 31, 2004. August 1, 2004 to July 31, 2005.
Medium Staple Cotton483,797 kilograms 485,971 kilogramsAugust 1, 2003 to July 31, 2004. August 1, 2004 to July 31, 2005.
Extra Long Staple Cotton7,231,773 kilograms 8,982,620 kilogramsAugust 1, 2003 to July 31, 2004. August 1, 2004 to July 31, 2005.
Cotton Waste0 kilograms 0 kilogramsSeptember 20, 2003 to September 19, 2004. September 20, 2004 to September 19, 2005.
Cotton, Processed, Not Spun2,083 kilograms 5,343 kilogramsSeptember 11, 2003 to September 10, 2004. September 11, 2004 to September 10, 2005.
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[FR Doc. 04-14064 Filed 6-21-04; 8:45 am]

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