19 U.S. Code § 3391 - Agriculture
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(b) Section 624 of title 7
(1) In general
(2) Qualification of articles
The determination of whether an article originates in Mexico shall be made in accordance with section 3332 of this title, except that operations performed in, or materials obtained from, any country other than the United States or Mexico shall be treated as if performed in or obtained from a country other than a NAFTA country.
(c) Tariff rate quotas
In implementing the tariff rate quotas set out in the United States Schedule to Annex 302.2 of the Agreement, the President shall take such action as may be necessary to ensure that imports of agricultural goods do not disrupt the orderly marketing of commodities in the United States.
(1) Effect of the Agreement
(A) In general
Nothing in the Agreement or this Act reduces or eliminates—
(2) Consultations on imports
It is the sense of Congress that the United States should request consultations in the Working Group on Emergency Action, established in the Understanding Between the Parties to the North American Free Trade Agreement Concerning Chapter Eight—Emergency Action, if imports of peanuts exceed the in-quota quantity under a tariff rate quota set out in the United States Schedule to Annex 302.2 of the Agreement concerning whether—
(A) the increased imports of peanuts constitute a substantial cause of, or contribute importantly to, serious injury, or threat of serious injury, to the domestic peanut industry; and
(e) Fresh fruits, vegetables, and cut flowers
(1) In general
The Secretary of Agriculture shall collect and compile the information specified under paragraph (3), if reasonably available, from appropriate Federal departments and agencies and the relevant counterpart ministries of the Government of Mexico.
(2) Designation of an office
The Secretary of Agriculture shall designate an office within the United States Department of Agriculture to be responsible for maintaining and disseminating, in a timely manner, the data accumulated for verifying citrus, fruit, vegetable, and cut flower trade between the United States and Mexico. The information shall be made available to the public and the NAFTA Agriculture Committee Working Groups.
(3) Information collected
The information to be collected, if reasonably available, includes—
(A) monthly fresh fruit, fresh vegetable, fresh citrus, and processed citrus product import and export data;
(C) data on inspections of shipments of citrus, vegetables, and cut flowers entering the United States from Mexico; and
(f) End-use certificates
(1) In general
The Secretary of Agriculture (referred to in this subsection as the “Secretary”) shall implement, in coordination with the Commissioner of Customs, a program requiring that end-use certificates be included in the documentation covering the entry into, or the withdrawal from a warehouse for consumption in, the customs territory of the United States—
(A) of any wheat that is a product of any foreign country or instrumentality that requires, as of the effective date of this subsection, end-use certificates for imports of wheat that is a product of the United States (referred to in this subsection as “United States-produced wheat”); and
The Secretary shall prescribe by regulation such requirements regarding the information to be included in end-use certificates as may be necessary and appropriate to carry out this subsection.
(3) Producer protection determination
At any time after the effective date of the requirements established under paragraph (1), the Secretary may, subject to paragraph (5), suspend the requirements when making a determination, after consultation with domestic producers, that the program implemented under this subsection has directly resulted in—
(4) Suspension of requirements
If a foreign country or instrumentality that requires end-use certificates for imports of United States-produced wheat as of the effective date of the requirement under paragraph (1)(A) eliminates the requirement, the Secretary shall suspend the requirement under paragraph (1)(A) beginning 30 calendar days after suspension by the foreign country or instrumentality.
If a foreign country or instrumentality that requires end-use certificates for imports of United States-produced barley as of the effective date of the requirement under paragraph (1)(B) eliminates the requirement, the Secretary shall suspend the requirement under paragraph (1)(B) beginning 30 calendar days after suspension by the foreign country or instrumentality.
(5) Report to Congress
The Secretary shall not suspend the requirements established under paragraph (1) under circumstances identified in paragraph (3) before the Secretary submits a report to Congress detailing the determination made under paragraph (3) and the reasons for making the determination.
(h) Assistance for affected farmworkers
(1) In general
Subject to paragraph (3), if at any time the Secretary of Agriculture determines that the implementation of the Agreement has caused low-income migrant or seasonal farmworkers to lose income, the Secretary may make available grants, not to exceed $20,000,000 for any fiscal year, to public agencies or private organizations with tax-exempt status under section 501 (c)(3) of title 26, that have experience in providing emergency services to low-income migrant or seasonal farmworkers. Emergency services to be provided with assistance received under this subsection may include such types of assistance as the Secretary determines to be necessary and appropriate.
(2) “Low-income migrant or seasonal farmworker” defined
(i) Biennial report on effects of Agreement on American agriculture
(1) In general
The Secretary of Agriculture shall prepare a biennial report on the effects of the Agreement on United States producers of agricultural commodities and on rural communities located in the United States.
(2) Contents of report
The report required under this subsection shall include—
(A) an assessment of the effects of implementing the Agreement on the various agricultural commodities affected by the Agreement, on a commodity-by-commodity basis;
(B) an assessment of the effects of implementing the Agreement on investments made in United States agriculture and on rural communities located in the United States;
(C) an assessment of the effects of implementing the Agreement on employment in United States agriculture, including any gains or losses of jobs in businesses directly or indirectly related to United States agriculture; and
(3) Submission of report
The Secretary shall furnish the report required under this subsection to the Committee on Agriculture, Nutrition, and Forestry of the Senate and to the Committee on Agriculture of the House of Representatives. The report shall be due every 2 years and shall be submitted by March 1 of the year in which the report is due. The first report shall be due by March 1, 1997, and the final report shall be due by March 1, 2011.
 See References in Text note below.
Source(Pub. L. 103–182, title III, § 321,Dec. 8, 1993, 107 Stat. 2108.)
References in Text
This Act, referred to in subsec. (d)(1)(A), is Pub. L. 103–182, Dec. 8, 1993, 107 Stat. 2057, known as the North American Free Trade Agreement Implementation Act. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of this title and Tables.
Section 1359a of title 7, referred to in subsec. (d)(1)(A)(i), was repealed by Pub. L. 107–171, title I, § 1309(a)(1),May 13, 2002, 116 Stat. 179.
Section 1445c–3 (f) of title 7, referred to in subsec. (d)(1)(A)(ii), was repealed by Pub. L. 104–127, title I, § 171(b)(2)(E),Apr. 4, 1996, 110 Stat. 938.
Section is comprised of section 321 ofPub. L. 103–182. Subsec. (a) ofsection 321 of Pub. L. 103–182amended provisions set out as a note under section 2253 of this title. Subsec. (d)(1)(B) ofsection 321 of Pub. L. 103–182amended section 1359a of Title 7, Agriculture. Subsec. (g) ofsection 321 of Pub. L. 103–182amended provisions set out as a note under section 5622 of Title 7.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203 (1), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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