[Federal Register Volume 67, Number 225 (Thursday, November 21, 2002)]
[Notices]
[Pages 70207-70208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29599]


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DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service


Uruguay Round Agricultural Safeguard Trigger Levels

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Notification of Special Safeguard Duty on Imports of American-
type Cheese.

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SUMMARY: After reviewing the volume of American-type cheese imports, 
the Secretary of Agriculture determined that the yearly special 
safeguard trigger level had been met and a special safeguard duty on 
imports of American-type cheese would be imposed effective from the 
date of this notification through December 31, 2002. This additional 
duty, as described in subheading 9904.05.82 of the Harmonized Tariff 
Schedule of the United States (HTS), is 35.2 cents per kilogram.

DATES: The additional duty will be effective November 21, 2002 through 
December 31, 2002.

FOR FURTHER INFORMATION CONTACT: Charles R. Bertsch, Multilateral Trade 
Negotiations Division, STOP 1022, Foreign Agricultural Service, U.S. 
Department of Agriculture, 1400 Independence Avenue, SW., Washington, 
DC 20250-1022, or telephone (202) 720-6278.

SUPPLEMENTARY INFORMATION: U.S. Notes 1 and 2 to Subchapter IV, of 
Chapter 99 of the HTS, contain the safeguard measures established 
pursuant to Article 5 of the Agreement on Agriculture (as approved by 
section 101 of the Uruguay Round Agreements Act). These safeguard 
measures include the imposition of additional duties based upon the 
volume of imports into the United States for certain products, 
including American-type cheese. Subheading 9904.05.82 provides for the 
imposition of 35.2 cents per kilogram additional duty on imports of 
American-type cheese upon notification in the Federal Register by the 
Secretary of Agriculture or the Secretary's designated representative 
that a specific volume of imports has been exceeded (the trigger level 
for 2002 is 16,528,242 kg).
    Subheading 9904.05.82 covers American-type cheese, which enters 
under subheadings 0406.10.38, 0406.20.39, 0406.20.71, 0406.30.38, 
0406.30.71, 0406.90.54, and 0406.90.84 of Chapter 4 of the HTS.
    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 requistie conditions. Such U.S. Notes 1 and 2 set 
forth the other terms and

[[Page 70208]]

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 2.16(a)(3)(x1ii)), who has in turn 
further delegated such authority to the Administrator of the Foreign 
Agricultural Service (7 CFR 2.43(a)(42)).
    The Administrator determined that the 2002 trigger level for 
American-type cheese is 16,528,242 kilograms (67 FR 38927), June 6, 
2002.

Notice

    The Administrator has determined that the amount of American-type 
cheese imported during 2002 has exceeded the trigger level of 
16,528,242 kilograms. In accordance with U.S. Notes 1 and 2, Subchapter 
IV, Chapter 99 of the HTS and Subheading 9904.05.82 an additional duty 
of 35.2 cents per kilogram shall apply from the date of publication of 
this notice through December 31, 2002.
    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 before the date of publication of this notice.

A. Ellen Terpstra,
Administrator, Foreign Agricultural Service.
[FR Doc. 02-29599 Filed 11-20-02; 8:45 am]
BILLING CODE 3410-10-M