Notice of Invocation of Special Agricultural Safeguard Measures Pursuant to the Uruguay Round Agreements Act
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Abstract
After reviewing the volume of articles containing over 65 percent by dry weight of sugars described in the Harmonized Tariff Schedule of the United States (HTS), 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 articles containing over 65 percent by dry weight of sugars will be imposed.
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<title>Federal Register, Volume 90 Issue 72 (Wednesday, April 16, 2025)</title>
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[Federal Register Volume 90, Number 72 (Wednesday, April 16, 2025)]
[Notices]
[Pages 15949-15950]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06478]
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Notices
Federal Register
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or proposed rules that are applicable to the public. Notices of hearings
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Federal Register / Vol. 90, No. 72 / Wednesday, April 16, 2025 /
Notices
[[Page 15949]]
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
Notice of Invocation of 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 articles containing over 65 percent by dry weight of
sugars described in additional U.S. note 2 to chapter 17.
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SUMMARY: After reviewing the volume of articles containing over 65
percent by dry weight of sugars described in the Harmonized Tariff
Schedule of the United States (HTS), 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 articles
containing over 65 percent by dry weight of sugars will be imposed.
DATES: The additional safeguard duty will be imposed from April 16,
2025 through September 30, 2025.
ADDRESSES: Multilateral Affairs Division, Trade Policy and Geographic
Affairs, Foreign Agricultural Service, U.S. Department of Agriculture,
Stop 1070, 1400 Independence Avenue SW, Washington, DC 20250-1070
FOR FURTHER INFORMATION CONTACT: Sonya Wahi-Miller, <a href="/cdn-cgi/l/email-protection#2a594544534b045d4b424307474346464f586a5f594e4b044d455c"><span class="__cf_email__" data-cfemail="f78498998e96d980969f9eda9a9e9b9b9285b782849396d9909881">[email protected]</span></a>, 202-649-3870.
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 articles containing over 65 percent by
dry weight of sugars described in additional U.S. note 2 to chapter 17
imported into the United States. Subheadings 9904.17.39 through
9904.17.48 of the HTS provide for the imposition of additional
safeguard duties for articles containing over 65 percent by dry weight
of sugars described in additional U.S. note 2 to chapter 17 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 trigger level for the period October 1, 2024-September
30, 2025 for articles containing over 65 percent by dry weight of
sugars described in additional U.S. note 2 to chapter 17 is 1,252
metric tons (89 FR 55217, July 3, 2024). Specifically, HTS subheadings
9904.17.39 through 9904.17.48 provide for additional duties, ranging
from 7.9[cent]/kg + 2.8% to 23.5[cent]/kg + 2.8%.
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 Trade and
Foreign Agricultural Affairs (7 CFR 2.15(a)(1)(xlii)), who has in turn
further delegated the authority to determine the quantity trigger
levels to the Administrator of the Foreign Agricultural Service (7 CFR
2.601(a)(42)). The Administrator determined that the October 1, 2024-
September 30, 2025 trigger level for articles containing over 65
percent by dry weight of sugars described in additional U.S. note 2 to
chapter 17 is 1,252 metric tons (89 FR 55217, July 3, 2024).
Notice
The Administrator has determined that the amount of articles
containing over 65 percent by dry weight of sugars described in
additional U.S. note 2 to chapter 17 imported during the October 1,
2024-September 30, 2025 period has exceeded the trigger level of 1,252
metric tons. In accordance with U.S. Notes 1 and 2, Subchapter IV,
Chapter 99 of the HTS and HTS subheadings 9904.17.39, 9904.17.40,
9904.17.41, 9904.17.42, 9904.17.43, 9904.17.44, 9904.17.45, 9904.17.46,
9904.17.47, and 9904.17.48, additional duties of 11.3 cents per
kilogram plus 1.7 percent; 13.3 cents per kilogram plus 3.5 percent;
11.2 cents per kilogram; 10.2 cents per kilogram plus 2.8 percent; 12.4
cents per kilogram plus 2 percent; 14.1 cents per kilogram plus 2.8
percent; 7.9 cents per kilogram plus 2.8%; 10.2 cents per kilogram plus
2.8 percent; 23.5 cents per kilogram plus 2.8 percent; and 9.6 cents
per kilogram plus 2.8 percent shall apply to articles containing over
65 percent by dry weight of sugars described in additional U.S. note 2
to chapter 17 imported under HTS subheadings 1701.91.48 and 1702.90.68,
1704.90.68, 1806.10.28 and 1806.10.55, 1806.20.73, 1806.90.49,
1901.20.25 and 1901.20.60, 1901.90.54, 2101.12.48 and 2101.20.48,
2106.90.76, and 2106.90.94, respectively, from the date of publication
of this notice through September 30, 2025.
As provided in U.S. Note 1 to Subchapter IV, Chapter 99 of the HTS,
goods of Canada, Mexico, Jordan, Singapore, Chile, Australia, Morocco,
El Salvador, Honduras, Nicaragua,
[[Page 15950]]
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 enroute on the basis of a contract settled before the date of
publication of this notice.
Issued at Washington, DC, this 11th day of April 2025.
Daniel Whitley,
Administrator, Foreign Agricultural Services.
[FR Doc. 2025-06478 Filed 4-15-25; 8:45 am]
BILLING CODE 3410-10-P
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