G/TBT/N/USA/1979  
3 April 2023  
(23-2315) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Agricultural Marketing Service (AMS), Department of Agriculture (USDA) [2010]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the  notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other  [X]: This proposed rule would remove soybeans of other colors (SBOC ) as a 
criterion for determining the grade of U.S. Yellow soybeans (e.g., U.S. No. 1, No. 2, No. 
3, etc.). It also would retain SBOC as a class -determining criterion in the class "Yellow 
soybeans." Official inspectors would only determine SBOC if needed to  meet the definition 
of "Yellow soybeans" or at the request of an applicant for service. Accordingly, official 
certificates for Yellow soybeans would not show SBOC content unless requested by the 
applicant for service. Any sample of soybeans containing mor e than 10.0 percent of SBOC 
would continue to be graded as the class Mixed soybeans.  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Soybeans; 
Cereals, pulses  and derived products (ICS code(s): 67.060)  
5. Title, number of pages and language(s) of the notified document:  United States 
Standards for Soybeans; (5 page(s), in English)  
6. Description of content:  Proposed rule - The Agricultural Marketing Service (A MS) 
proposes to revise the United States Standards for Soybeans by removing soybeans of 
other colors (SBOC) as an official factor. In addition, AMS proposes to revise the table of 
Grade Limits and Breakpoints for Soybeans to reflect this change.  
7. Object ive and rationale, including the nature of urgent problems where 
applicable:  Prevention of deceptive practices and consumer protection  
8. Relevant documents:   
88 Federal Register (FR) 19229, 31 March 2023; Title 7 Code of Federal Regulations (CFR) 
Parts 800 and 810:  
https://www.govinfo.gov/content/pkg/FR -2023-03-31/html/2023 -06679.htm  
https://www.govinfo.gov/content/pkg/FR -2023-03-31/pdf/2023 -06679.pdf  
This proposed rule is identified by Docket Number AMS -FGIS-22-0083. The docket, which 
provides access to primary documents as well as comments received, should be accessible G/TBT/N/USA/1979  
 
- 2 - 
 
  from Regu lations.gov at https://www.regulations.gov/docket/AMS -FGIS-22-
0083/document . If not, locate the docket from Regulations.gov  by searchin g the Docket 
Number. WTO Members and their stakeholders are asked to submit comments to the USA 
TBT Enquiry Point . Comments received by the USA TBT Enquiry Point from WTO Members 
and their stakeholders by 4pm Eastern Time  on 1 May 2023 will be shared with the 
regulator and will also be submitted to the Docket  on Regulations.gov if received within 
the comment period.  
Copies of the current Standards are available at https://www.ams.usda.gov/grades -
standards/grain -standards . 
The USDA Grain Inspection Advisory Committee recommended, at its June 2022 meeting 
in Kansas City, MO, tha t the Federal Grain Inspection Service conduct a study (available 
at https://www.ams.usda.gov/sites/default/files/media/FGISSBOCStudy.pdf ) to 
determine whether the presenc e of higher SBOC has any impact on the oil and protein 
content of soybeans. The results of the study show no significant correlation between 
SBOC and protein and oil content. Additionally, based on visual analysis, the color 
variation in the seedcoat does not extend into the cotyledon. Since most commercial 
crushing operations remove the hull before crushing, this is not likely to affect the color 
of the finished product.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  1 May 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_8697_00_e.pdf