                        TITLE 19--CUSTOMS DUTIES
 
               CHAPTER 22--URUGUAY ROUND TRADE AGREEMENTS
 
              SUBCHAPTER IV--AGRICULTURE-RELATED PROVISIONS
 
                          Part A--Market Access
 
Sec. 3601. Administration of tariff-rate quotas


(a) Orderly marketing

    In implementing the tariff-rate quotas set out in Schedule XX for 
the entry, or withdrawal from warehouse, for consumption of goods in the 
United States, the President shall take such action as may be necessary 
to ensure that imports of agricultural products do not disrupt the 
orderly marketing of commodities in the United States.

(b) Inadequate supply

    Where imports of an agricultural product are subject to a tariff-
rate quota, and where the President determines and proclaims that the 
supply of the same or directly competitive or substitutable agricultural 
product will be inadequate, because of a natural disaster, disease, or 
major national market disruption, to meet domestic demand at reasonable 
prices, the President may temporarily increase the quantity of imports 
of the agricultural product that is subject to the in-quota rate of duty 
established under the tariff-rate quota.

(c) Monitoring

    The Secretary of Agriculture shall monitor the domestic supply of 
agricultural products subject to a tariff-rate quota as the Secretary 
considers appropriate and shall advise the President when the domestic 
supply of the products and substitutable products combined with the 
estimated imports of the products under the tariff-rate quota may be 
inadequate to meet domestic demand at reasonable prices.

(d) Coverage of tariff-rate quotas

                           (1) Exclusions

        The President may, subject to terms and conditions determined 
    appropriate by the President, provide that the entry, or withdrawal 
    from warehouse, for consumption in the United States of an 
    agricultural product shall not be subject to the over-quota rate of 
    duty established under a tariff-rate quota if the agricultural 
    product--
            (A) is imported by, or for the account of, any agency of the 
        United States or of any foreign embassy;
            (B) is imported as a sample for taking orders, for the 
        personal use of the importer, or for the testing of equipment;
            (C) is a commercial sample or is entered for exhibition, 
        display, or sampling at a trade fair or for research; or
            (D) is a blended syrup provided for in subheadings 
        1702.20.28, 1702.30.28, 1702.40.28, 1702.60.28, 1702.90.58, 
        1806.20.92, 1806.20.93, 1806.90.38, 1806.90.40, 2101.10.38, 
        2101.20.38, 2106.90.38, or 2106.90.67 of Schedule XX, if entered 
        from a foreign trade zone by a foreign trade zone user whose 
        facilities were in operation on June 1, 1990, to the extent that 
        the annual quantity entered into the customs territory from such 
        zone does not contain a quantity of sugar of nondomestic origin 
        greater than the quantity authorized by the Foreign Trade Zones 
        Board for processing in that zone during calendar year 1985.

                        (2) Reclassification

        Subject to the consultation and layover requirements of section 
    3524 of this title, the President may proclaim a modification to the 
    coverage of a tariff-rate quota for any agricultural product if the 
    President determines the modification is necessary or appropriate to 
    conform the tariff-rate quota to Schedule XX as a result of a 
    reclassification of any item by the Secretary of the Treasury.

                           (3) Allocation

        The President may allocate the in-quota quantity of a tariff-
    rate quota for any agricultural product among supplying countries or 
    customs areas and may modify any allocation as determined 
    appropriate by the President.

                       (4) Bilateral agreement

        The President may proclaim an increase in the tariff-rate quota 
    for beef if the President determines that an increase is necessary 
    to implement--
            (A) the March 24, 1994, agreement between the United States 
        and Argentina; or
            (B) the March 9, 1994, agreement between the United States 
        and Uruguay.

                 (5) Continuation of sugar headnote

        The President is authorized to proclaim additional United States 
    note 3 to chapter 17 of the HTS, and to proclaim the modifications 
    to the note, as determined appropriate by the President to reflect 
    Schedule XX.

(Pub. L. 103-465, title IV, Sec. 404, Dec. 8, 1994, 108 Stat. 4959.)

                          Codification

    Section is comprised of section 404 of Pub. L. 103-465. Subsec. (e) 
of section 404 of Pub. L. 103-465 amended sections 1313, 2463, 2703, and 
3203 of this title and section 1359a of Title 7, Agriculture, and 
enacted provisions set out as a note under section 1313 of this title.


                             Effective Date

    Section 451 of title IV of Pub. L. 103-465 provided that: ``Except 
as otherwise provided in this title, this title [enacting this 
subchapter, sections 2578 to 2578b of this title, and section 1585 of 
Title 7, Agriculture, amending sections 1306, 1313, 2463, 2544, 2703, 
and 3203 of this title, sections 149, 150bb, 150cc, 154, 156, 281, 624, 
1314i, 1359a, 1444-2, 1445, 1581, 1582, 1586, 1852, 2803, 5623, and 5651 
of Title 7, section 713a-14 of Title 15, Commerce and Trade, and 
sections 104, 105, 135, 466, and 620 of Title 21, Food and Drugs, 
repealing sections 1585 and 1853 of Title 7, enacting provisions set out 
as notes under section 2135 of this title and sections 624, 1314i, 1445, 
and 5601 of Title 7, amending provisions set out as a note under section 
1313 of this title and section 1731 of Title 7, and repealing provisions 
set out as a note under section 2253 of this title], and the amendments 
made by this title, shall take effect on the date of entry into force of 
the WTO Agreement with respect to the United States [Jan. 1, 1995].''

                         Delegation of Authority

    Authority of President under subsec. (d)(3) of this section 
delegated to United States Trade Representative by par. (3) of Proc. No. 
6763, Dec. 23, 1994, 60 F.R. 1010, set out as a note under section 3511 
of this title.
    Authority of President under this section to implement certain 
Memorandum of Understanding with Argentina delegated to United States 
Trade Representative by par. (5) of Proc. No. 6780, Mar. 23, 1995, 60 
F.R. 15847, set out as a note under section 3511 of this title.

  Proc. No. 7235. To Delegate Authority for the Administration of the 
 Tariff-Rate Quotas on Sugar-Containing Products and Other Agricultural 
Products to the United States Trade Representative and the Secretary of 
                               Agriculture

    Proc. No. 7235, Oct. 7, 1999, 64 F.R. 55611, provided:
    1. On April 15, 1994, the President entered into trade agreements 
resulting from the Uruguay Round of multilateral trade negotiations 
(``Uruguay Round Agreements''). As part of those agreements, the United 
States converted quotas on imports of beef, cotton, dairy products, 
peanuts, peanut butter and peanut paste, sugar, and sugar-containing 
products (as defined in additional U.S. notes 2 and 3 of the Harmonized 
Tariff Schedule of the United States [see 19 U.S.C. 1202]) into tariff-
rate quotas. In section 101(a) of the Uruguay Round Agreements Act [19 
U.S.C. 3511(a)] (the ``URAA'') (Public Law 103-65 [Pub. L. 103-465]; 108 
Stat. 4809), Congress approved the Uruguay Round Agreements listed in 
section 101(d) of that Act, including the General Agreement on Tariffs 
and Trade 1994.
    2. On December 23, 1994, the President issued Presidential 
Proclamation 6763 [19 U.S.C. 3511 note], implementing the Uruguay Round 
Agreements consistent with the URAA. Presidential Proclamation 6763 
included a delegation of the President's authority under the statutes 
cited in the proclamation, including section 404(a) of the URAA, 19 
U.S.C. 3601(a), to the Secretary of Agriculture, the Secretary of the 
Treasury, and the United States Trade Representative, as necessary to 
perform functions assigned to them to implement the proclamation. 
Section 404(a) directs the President to take such action as may be 
necessary in implementing the tariff-rate quotas set out in Schedule XX 
- United States of America, annexed to the Marrakesh Protocol to the 
General Agreement on Tariffs and Trade 1994, to ensure that imports of 
agricultural products do not disrupt the orderly marketing of 
commodities in the United States.
    3. I have determined that it is necessary to delegate my authority 
under section 404(a) to administer the tariff-rate quotas relating to 
cotton, dairy products, peanuts, peanut butter and peanut paste, sugar, 
and sugar-containing products to the United States Trade Representative 
and to delegate to the Secretary of Agriculture authority to issue 
licenses governing the importation of such products under the applicable 
tariff-rate quotas. The Secretary of Agriculture shall exercise such 
licensing authority in consultation with the United States Trade 
Representative.
    NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United 
States of America, acting under the authority vested in me by the 
Constitution and the laws of the United States of America, including but 
not limited to section 301 of title 3, United States Code, and section 
404(a) of the URAA, do hereby proclaim:
    (1) The United States Trade Representative is authorized to exercise 
my authority pursuant to section 404(a) of the URAA to take all action 
necessary, including the promulgation of regulations, to administer the 
tariff-rate quotas relating respectively, to cotton, dairy products, 
peanuts, peanut butter and peanut paste, sugar, and sugar-containing 
products, as the latter products are defined in additional U.S. notes 2 
and 3 of the Harmonized Tariff Schedule of the United States. The 
Secretary of Agriculture, in consultation with the United States Trade 
Representative, is authorized to exercise my authority pursuant to 
section 404(a) to issue import licenses governing the importation of 
such products within the applicable tariff-rate quotas.
    (2) All provisions of previous proclamations and Executive orders 
that are inconsistent with the actions taken in this proclamation are 
superseded to the extent of such inconsistency.
    IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of 
October, in the year of our Lord nineteen hundred and ninety-nine, and 
of the Independence of the United States of America the two hundred and 
twenty-fourth.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in title 7 section 1359a.
