                        TITLE 19--CUSTOMS DUTIES
 
               CHAPTER 22--URUGUAY ROUND TRADE AGREEMENTS
 
              SUBCHAPTER IV--AGRICULTURE-RELATED PROVISIONS
 
                          Part A--Market Access
 
Sec. 3602. Special agricultural safeguard authority


(a) Determination of trigger levels

    Consistent with Article 5 as determined by the President, the 
President shall cause to be published in the Federal Register--
        (1) the list of special safeguard agricultural goods not later 
    than the date of entry into force of the WTO Agreement with respect 
    to the United States; and
        (2) for each special safeguard agricultural good--
            (A) the trigger level specified in subparagraph 1(a) of 
        Article 5, on an annual basis;
            (B) the trigger price specified in subparagraph 1(b) of 
        Article 5; and
            (C) the relevant period.

(b) Determination of safeguard

    If the President determines with respect to a special safeguard 
agricultural good that it is appropriate to impose--
        (1) the price-based safeguard in accordance with subparagraph 
    1(b) of Article 5; or
        (2) the volume-based safeguard in accordance with subparagraph 
    1(a) of Article 5,

the President shall, consistent with Article 5 as determined by the 
President, 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.

(c) Imposition of safeguard

    The President shall direct the Secretary of the Treasury to impose a 
duty on a special safeguard agricultural good entered, or withdrawn from 
warehouse, for consumption in the United States in accordance with a 
determination made under subsection (b) of this section.

(d) No simultaneous safeguard

    A duty may not be in effect for a special safeguard agricultural 
good pursuant to this section during any period in which such good is 
the subject of any action proclaimed pursuant to section 2252 or 2253 of 
this title.

(e) Exclusion of NAFTA countries

    The President may exempt from any duty imposed under this section 
any good originating in a NAFTA country (as determined in accordance 
with section 3332 of this title).

(f) Advice of Secretary of Agriculture

    The Secretary of Agriculture shall advise the President on the 
implementation of this section.

(g) Termination date

    This section shall cease to be effective on the date, as determined 
by the President, that the special safeguard provisions of Article 5 are 
no longer in force with respect to the United States.

(h) Definitions

    For purposes of this section--
        (1) the term ``Article 5'' means Article 5 of the Agreement on 
    Agriculture described in section 3511(d)(2) of this title;
        (2) the term ``relevant period'' means the period determined by 
    the President to be applicable to a special safeguard agricultural 
    good for purposes of applying this section; and
        (3) the term ``special safeguard agricultural good'' means an 
    agricultural good on which an additional duty may be imposed 
    pursuant to the special safeguard provisions of Article 5.

(Pub. L. 103-465, title IV, Sec. 405, Dec. 8, 1994, 108 Stat. 4961; Pub. 
L. 104-295, Sec. 11, Oct. 11, 1996, 110 Stat. 3520.)


                               Amendments

    1996--Subsec. (b)(1). Pub. L. 104-295, Sec. 11(1), substituted 
``1(b)'' for ``1(a)''.
    Subsec. (b)(2). Pub. L. 104-295, Sec. 11(2), substituted ``1(a)'' 
for ``1(b)''.


               Uruguay Round Agreements: Entry Into Force

    The Uruguay Round Agreements, including the World Trade Organization 
Agreement and agreements annexed to that Agreement, as referred to in 
section 3511(d) of this title, entered into force with respect to the 
United States on Jan. 1, 1995. See note set out under section 3511 of 
this title.

                         Delegation of Authority

    Authority of President under subsec. (a) of this section delegated 
to Secretary of Agriculture by par. (4) of Proc. No. 6763, Dec. 23, 
1994, 60 F.R. 1010, set out as a note under section 3511 of this title.
