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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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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 7, 2010.

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FOR FURTHER INFORMATION CONTACT:

Safeguard Staff, Import Policies and Export Reporting Division, Office of Trade Programs, Foreign Agricultural Service, U.S. Department of Agriculture, Stop 1021, 1400 Independence Avenue, SW., Washington, DC 20250-1021; or by telephone at (202) 720-0638, or by e-mail at 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 during the Uruguay Round negotiations, and only one type of safeguard, price or quantity, may be applied at any given time to an article.Start Printed Page 25201

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 (2010) 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 Action published in the Federal Register, at 60 FR 427 (Jan. 4, 1995).

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Issued at Washington, DC, April 29, 2010.

John D. Brewer,

Administrator, Foreign Agricultural Service.

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Annex—Quantity-Based Safeguard Trigger

ProductTrigger levelPeriod
Beef270,519 mtJanuary 1, 2010 to December 31, 2010.
Mutton4,503 mtJanuary 1, 2010 to December 31, 2010.
Cream1,165,099 litersJanuary 1, 2010 to December 31, 2010.
Evaporated or Condensed Milk3,536,146 kilogramsJanuary 1, 2010 to December 31, 2010.
Nonfat Dry Milk393,499 kilogramsJanuary 1, 2010 to December 31, 2010.
Dried Whole Milk2,397,493 kilogramsJanuary 1, 2010 to December 31, 2010.
Dried Cream27,330 kilogramsJanuary 1, 2010 to December 31, 2010.
Dried Whey/Buttermilk30,238 kilogramsJanuary 1, 2010 to December 31, 2010.
Butter7,311,166 kilogramsJanuary 1, 2010 to December 31, 2010.
Butter Oil and Butter Substitutes6,985,605 kilogramsJanuary 1, 2010 to December 31, 2010.
Dairy Mixtures43,535,705 kilogramsJanuary 1, 2010 to December 31, 2010.
Blue Cheese4,846,863 kilogramsJanuary 1, 2010 to December 31, 2010.
Cheddar Cheese12,272,710 kilogramsJanuary 1, 2010 to December 31, 2010.
American-Type Cheese7,093,001 kilogramsJanuary 1, 2010 to December 31, 2010.
Edam/Gouda Cheese7,019,833 kilogramsJanuary 1, 2010 to December 31, 2010.
Italian-Type Cheese22,355,614 kilogramsJanuary 1, 2010 to December 31, 2010.
Swiss Cheese with Eye Formation28,867,494 kilogramsJanuary 1, 2010 to December 31, 2010.
Gruyere Process Cheese4,398,721 kilogramsJanuary 1, 2010 to December 31, 2010.
Lowfat Cheese848,545 kilogramsJanuary 1, 2010 to December 31, 2010.
NSPF Cheese46,400,350 kilogramsJanuary 1, 2010 to December 31, 2010.
Peanuts15,172 mtApril 1, 2009 to March 31, 2010.
18,176 mtApril 1, 2010 to March 31, 2011.
Peanut Butter/Paste4,280 mtJanuary 1, 2010 to December 31, 2010.
Raw Cane Sugar1,407,556 mtOctober 1, 2009 to September 30, 2010.
1,142,815 mtOctober 1, 2010 to September 30, 2011.
Refined Sugar and Syrups191,180 mtOctober 1, 2009 to September 30, 2010.
176,800 mtOctober 1, 2010 to September 30, 2011.
Blended Syrups107 mtOctober 1, 2009 to September 30, 2010.
134 mtOctober 1, 2010 to September 30, 2011.
Articles Over 65% Sugar578 mtOctober 1, 2009 to September 30, 2010.
277 mtOctober 1, 2010 to September 30, 2011.
Articles Over 10% Sugar15,617 mtOctober 1, 2009 to September 30, 2010.
15,083 mtOctober 1, 2010 to September 30, 2011.
Sweetened Cocoa Powder1,249 mtOctober 1, 2009 to September 30, 2010.
1,054 mtOctober 1, 2010 to September 30, 2011.
Chocolate Crumb10,081,708 kilogramsJanuary 1, 2010 to December 31, 2010.
Lowfat Chocolate Crumb226,647 kilogramsJanuary 1, 2010 to December 31, 2010.
Infant Formula Containing Oligosaccharides10,530 kilogramsJanuary 1, 2010 to December 31, 2010.
Mixes and Doughs315 mtOctober 1, 2009 to September 30, 2010.
383 mtOctober 1, 2010 to September 30, 2011.
Mixed Condiments and Seasonings176 mtOctober 1, 2009 to September 30, 2010.
280 mtOctober 1, 2010 to September 30, 2011.
Ice Cream2,869,565 litersJanuary 1, 2010 to December 31, 2010.
Animal Feed Containing Milk32,419 kilogramsJanuary 1, 2010 to December 31, 2010.
Short Staple Cotton699,482 kilogramsSeptember 20, 2009 to September 19, 2010.
591,350 kilogramsSeptember 20, 2010 to September 19, 2011.
Harsh or Rough Cotton0 kilogramsAugust 1, 2009 to July 31, 2010.
0 kilogramsAugust 1, 2010 to July 31, 2011.
Medium Staple Cotton688,341 kilogramsAugust 1, 2009 to July 31, 2010.
149,148 kilogramsAugust 1, 2010 to July 31, 2011.
Extra Long Staple Cotton3,656,233 kilogramsAugust 1, 2009 to July 31, 2010.
2,017,042 kilogramsAugust 1, 2010 to July 31, 2011.
Cotton Waste395,745 kilogramsSeptember 20, 2009 to September 19, 2010.
432,133 kilogramsSeptember 20, 2010 to September 19, 2011.
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Cotton, Processed, Not Spun3,995 kilogramsSeptember 11, 2009 to September 10, 2010.
31,338 kilogramsSeptember 11, 2010 to September 10, 2011.
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[FR Doc. 2010-10878 Filed 5-6-10; 8:45 am]

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