[Federal Register Volume 63, Number 153 (Monday, August 10, 1998)]
[Notices]
[Pages 42610-42611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21280]
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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 sheep meat.
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SUMMARY: Pursuant to U.S. Notes 1 and 2 to Subchapter IV, Chapter 99,
of the Harmonized Tariff Schedule of the United States, in conjunction
with such Subchapter IV, this is notification of invocation of the
applicable safeguard of one cent per kilogram on certain imports of
sheep meat, commencing on the date of publication of this notice
through December 31, 1998.
EFFECTIVE DATE: August 10, 1998.
FOR FURTHER INFORMATION CONTACT:
Cathy McKinnell, Multilateral Trade Negotiation Division, Stop 1022,
Foreign Agricultural Service, U.S. Department of Agriculture, 1400
Independence Avenue, S.W., Washington, DC 20250-1022, or telephone
(202) 720-6064.
SUPPLEMENTARY INFORMATION: U.S. Notes 1 and 2 to Subchapter IV, Chapter
99, of the Harmonized Tariff Schedule of the United States (HTS) in
conjunction with such Subchapter IV set forth certain safeguard duties
that may be imposed upon specified imported agricultural goods under
certain conditions. These duties are measures established in accordance
with Article 5 of the World Trade Organization (WTO) Agreement on
Agriculture, as approved pursuant to Section 101 of the Uruguay Round
Agreements Act (P.L. 103-465). Within Subchapter IV, HTS Subheading
9904.02.60 sets forth an additional safeguard duty of one cent per
kilogram for sheep meat, if entered during the effective period of
safeguards based upon quantity announced by the Secretary of
Agriculture. In conformity with Article 5 of the WTO Agreement on
Agriculture and Section 405 of the Uruguay Round Agreements Act, the
quantity of imported sheep meat have exceeded 125 percent of the
average annual imports for the preceeding three years (the ``trigger
level''). The HTS subheading for sheep meat to which the additional
duty would apply are: 0204.21.00, 0204.22.40, 0204.23.40, 0204.41.00,
0204.42.40, and 0204.43.40.
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, 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 Sec. 2.16(a)(3)(x1ii)), who has in
turn further delegated such authority to the Administrator of the
Foreign Agricultural Service (7 CFR Sec. 2.43(a)(42)).
The Administrator determined that the 1998 trigger level for sheep
meat is 9,335,000 kilograms (63 FR 13387, Mar. 19, 1998).
Notice
The Administrator has determined that the amount of sheep meat is
imported during 1998 has exceeded the trigger level of 9,335,000
kilograms. In accordance with U.S. Notes 1 and 2, Subchapter IV,
Chapter 99 of the HTS and Subheading 9904.02.60 an additional duty of
one cent per kilogram shall apply from the date of publication of this
notice through December 31, 1998.
As provided in U.S. Note 1, goods of Canada or Mexico 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
[[Page 42611]]
before the date of publication of this notice.
Lon Hatamiya,
Administrator, Foreign Agricultural Service.
[FR Doc. 98-21280 Filed 8-7-98; 8:45 am]
BILLING CODE 3410-10-M
