FAS Issues Corrected 2012 WTO Trigger Levels for Add'l Duties on Ag Goods
The Foreign Agricultural Service corrected its 2012 list of updated quantity trigger levels and applicable periods for products that may be subject to additional import duties under the safeguard provisions of the World Trade Organization Agreement on Agriculture.
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(FAS published a notice on May 25 that contained the wrong quantity-based safeguard trigger table. See ITT’s Online Archive 12053138 for summary.)
Add’l Duties on Certain Agricultural Goods Allowed if Quantity-Trigger Met
The WTO Agreement on Agriculture permits additional duties to be imposed on certain products if the volume of imports of the product exceeds the average of the most recent three years for which data are available by 5, 10, or 25 percent, depending on the article. This provision is referred to as the "quantity-based" safeguard trigger. FAS said the quantity trigger levels must be updated annually based upon import levels during the most recent three years.
FAS said that additional duties may not be imposed on quantities for which minimum or current access commitments were made during the Uruguay Round negotiations, and only one type of safeguard, price1 or quantity, may be applied at any given time to an article.
Corrected Quantity-Based Trigger Levels for Beef, Peanuts, Sugar, Cotton, Etc.
The corrected annex to FAS’ notice contains the updated quantity-based trigger levels for the following agricultural products (partial list): beef, mutton, cream, certain types of milk, butter, various types of cheeses, peanuts, raw cane sugar, refined cane sugar and syrups, infant formula containing oligosaccharides, chocolate crumb, mixes and doughs, mixed condiments and seasonings, ice cream, animal feed containing milk, and certain cotton. Officials have previously stated that these products are normally subject to tariff-rate quotas (TRQs).
(Additional information on the products subject to the safeguards and the additional duties which may apply can be found in HTS Chapter 99, Subchapter IV.)
1FAS explains that the WTO Agreement on Agriculture also permits additional duties to be charged if the price of an individual shipment of imported products falls below the average price for similar goods imported during the years 1986-88 by a specified percentage. This provision is referred to as the "price-based" safeguard trigger.
(See ITT's Online Archives 11053111 for summary of the previously updated list of quantity trigger levels for products that may be subject to additional import duties.)
FAS Contact -- Safeguard Staff (202) 720-0638 itspd@fas.usda.gov