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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. This notice also includes the relevant period applicable for the trigger levels on each of the listed products.

DATES:

Effective Date: May 13, 2009.

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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.

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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 Start Printed Page 22513during 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).

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

Patricial R. Sheikh,

Acting Administrator, Foreign Agricultural Service.

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ANNEX

Quantity-Based Safeguard Trigger

ProductTrigger levelPeriod
Beef317,662 mtJanuary 1, 2009 to December 31, 2009.
Mutton6,808 mtJanuary 1, 2009 to December 31, 2009.
Cream1,125,550 litersJanuary 1, 2009 to December 31, 2009.
Evaporated or Condensed Milk5,234,255 kilogramsJanuary 1, 2009 to December 31, 2009.
Nonfat Dry Milk219,775 kilogramsJanuary 1, 2009 to December 31, 2009.
Dried Whole Milk2,239,115 kilogramsJanuary 1, 2009 to December 31, 2009.
Dried Cream29,393 kilogramsJanuary 1, 2009 to December 31, 2009.
Dried Whey/Buttermilk19,998 kilogramsJanuary 1, 2009 to December 31, 2009.
Butter7,514,294 kilogramsJanuary 1, 2009 to December 31, 2009.
Butter Oil and Butter Substitutes6,541,513 kilogramsJanuary 1, 2009 to December 31, 2009.
Dairy Mixtures52,092,707 kilogramsJanuary 1, 2009 to December 31, 2009.
Blue Cheese5,229,457 kilogramsJanuary 1, 2009 to December 31, 2009.
Cheddar Cheese12,279,311 kilogramsJanuary 1, 2009 to December 31, 2009.
American-Type Cheese8,841,320 kilogramsJanuary 1, 2009 to December 31, 2009.
Edam/Gouda Cheese8,013,001 kilogramsJanuary 1, 2009 to December 31, 2009.
Italian-Type Cheese23,312,030 kilogramsJanuary 1, 2009 to December 31, 2009.
Swiss Cheese with Eye Formation30,506,943 kilogramsJanuary 1, 2009 to December 31, 2009.
Gruyere Process Cheese5,517,302 kilogramsJanuary 1, 2009 to December 31, 2009.
Lowfat Cheese956,596 kilogramsJanuary 1, 2009 to December 31, 2009.
NSPF Cheese50,252,329 kilogramsJanuary 1, 2009 to December 31, 2009.
Peanuts12,096 mtApril 1, 2008 to March 31, 2009.
15,172 mtApril 1, 2009 to March 31, 2010.
Peanut Butter/Paste4,183 mtJanuary 1, 2009 to December 31, 2009.
Raw Cane Sugar1,462,968 mtOctober 1, 2008 to September 30, 2009.
1,407,556 mtOctober 1, 2009 to September 30, 2010.
Refined Sugar and Syrups175,217 mtOctober 1, 2008 to September 30, 2009.
191,180 mtOctober 1, 2009 to September 30, 2010.
Blended Syrups72 mtOctober 1, 2008 to September 30, 2009.
107 mtOctober 1, 2009 to September 30, 2010.
Articles Over 65% Sugar669 mtOctober 1, 2008 to September 30, 2009.
578 mtOctober 1, 2009 to September 30, 2010.
Articles Over 10% Sugar16,759 mtOctober 1, 2008 to September 30, 2009.
15,617 mtOctober 1, 2009 to September 30, 2010.
Sweetened Cocoa Powder1,329 mtOctober 1, 2008 to September 30, 2009.
1,249 mtOctober 1, 2009 to September 30, 2010.
Chocolate Crumb9,296,789 kilogramsJanuary 1, 2009 to December 31, 2009.
Lowfat Chocolate Crumb229,577 kilogramsJanuary 1, 2009 to December 31, 2009.
Infant Formula Containing Oligosaccharides9,173 kilogramsJanuary 1, 2009 to December 31, 2009.
Mixes and Doughs243 mtOctober 1, 2008 to September 30, 2009.
315 mtOctober 1, 2009 to September 30, 2010.
Mixed Condiments and Seasonings128 mtOctober 1, 2008 to September 30, 2009.
176 mtOctober 1, 2009 to September 30, 2010.
Ice Cream2,810,259 litersJanuary 1, 2009 to December 31, 2009.
Animal Feed Containing Milk23,363 kilogramsJanuary 1, 2009 to December 31, 2009.
Short Staple Cotton669,917 kilogramsSeptember 20, 2008 to September 19, 2009.
699,482 kilogramsSeptember 20, 2009 to September 19, 2010.
Harsh or Rough Cotton0 kilogramsAugust 1, 2008 to July 31, 2009.
0 kilogramsAugust 1, 2009 to July 31, 2010.
Medium Staple Cotton1,723,796 kilogramsAugust 1, 2008 to July 31, 2009.
688,341 kilogramsAugust 1, 2009 to July 31, 2010.
Extra Long Staple Cotton4,416,936 kilogramsAugust 1, 2008 to July 31, 2009.
3,656,233 kilogramsAugust 1, 2009 to July 31, 2010.
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Cotton Waste70,768 kilogramsSeptember 20, 2008 to September 19, 2009.
395,745 kilogramsSeptember 20, 2009 to September 19, 2010.
Cotton, Processed, Not Spun10,205 kilogramsSeptember 11, 2008 to September 10, 2009.
3,995 kilogramsSeptember 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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