AGRICULTURE.

SEC. 301. AGRICULTURE. (a) Special Tariff Provisions for Fresh Fruits and Vegetables.— (1) The Secretary of Agriculture (hereafter in this section referred to as the “Secretary”) may recommend to the President the imposition of a temporary duty on any Canadian fresh fruit or vegetable entered into the United States if the Secretary determines that both of the following conditions exist at the time that imposition of the duty is recommended; (A) For each of 5 consecutive working days the import price of the Canadian fresh fruit or vegetable is below 90 percent of the corresponding 5-year average monthly import price for such fruit or vegetable. (B) The planted acreage in the United States for the like fresh fruit or vegetable is no higher than the average planted acreage over the preceding 5 years, excluding the years with the highest and lowest acreage. For the purposes of applying this subparagraph, any acreage increase attributed directly to a reduction in the acreage that was planted to wine grapes as of October 4, 1987, shall be excluded. Whenever the Secretary makes a determination that the conditions referred to in subparagraphs (A) and (B) regarding any Canadian fresh fruit or vegetable exist, the Secretary shall promptly submit for publication in the Federal Register notice of the determination. (2) In determining whether to recommend the imposition of a temporary duty to the President under paragraph (1), the Secretary shall consider whether the conditions in subparagraphs (A) and (B) of such paragraph have led to a distortion in trade between the United States and Canada of the fresh fruit or vegetable and, if so, whether the imposition of the duty is 102 STAT. 1866appropriate, including consideration of whether it would significantly correct this distortion. (3) Not later than 7 days after receipt of a recommendation of the Secretary under paragraph (1), the President, after taking into account the national economic interests of the United States, shall determine whether to impose a temporary duty on the Canadian fresh fruit or vegetable concerned. If the determination is affirmative, the President shall proclaim the imposition and the rate of the temporary duty, but such duty shall not apply to the entry of articles that were in transit to the United States on the first day on which the temporary duty is in effect. (4) A temporary duty imposed under paragraph (3) shall cease to apply with respect to articles that are entered on or after the earlier of— (A) the day following the last of 5 consecutive working days with respect to which the Secretary determines that the point of shipment price in Canada for the Canadian fruit or vegetable concerned exceeds 90 percent of the corresponding 5-year average monthly import price; or (B) the 180th day after the date on which the temporary duty first took effect. (5) No temporary duty may be imposed under this subsection on a Canadian fresh fruit or vegetable during such time as import relief is provided with respect to such fresh fruit or vegetable under chapter 1 of title II of the Trade Act of 1974. (6) For purposes of this subsection: (A) The term “Canadian fresh fruit or vegetable” means any article originating in Canada (as determined in accordance with section 202) and classified within any of the following headings of the Harmonized System: (i) 07.01 (relating to potatoes, fresh or chilled); (ii) 07.02 (relating to tomatoes, fresh or chilled); (iii) 07.03 (relating to onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled); (iv) 07.04 (relating to cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled); (v) 07.05 (relating to lettuce (lactuca sativa) and chicory (cichorium spp.), fresh or chilled); (vi) 07.06 (relating to carrots, salad beets or beetroot, salsify, celeriac, radishes and similar edible roots (excluding turnips), fresh or chilled); (vii) 07.07 (relating to cucumbers and gherkins, fresh or chilled); (viii) 07.08 (relating to leguminous vegetables, shelled or unshelled, fresh or chilled); (ix) 07.09 (relating to other vegetables (excluding truffles), fresh or chilled); (x) 08.06.10 (relating to grapes, fresh); (xi) 08.08.20 (relating to pears and quinces, fresh); (xii) 08.09 (relating to apricots, cherries, peaches (including nectarines), plums and sloes, fresh); and (xiii) 08.10 (relating to other fruit (excluding cranberries and blueberries), fresh). (B) The term “corresponding 5-year average monthly import price” for a particular day means the average import price of a Canadian fresh fruit or vegetable, for the 102 STAT. 1867calendar month in which that day occurs, for that month in each of the preceding 5 years, excluding the years with the highest and lowest monthly averages. (C) The term “import price” has the meaning given such term in article 711 of the Agreement. (D) The rate of a temporary duty imposed under this subsection with respect to a Canadian fresh fruit or vegetable means a rate that, including the rate of any other duty in effect for such fruit or vegetable, does not exceed the lesser of— (i) the duty that was in effect for the fresh fruit or vegetable before January 1, 1989, under column one of the Tariff Schedules of the United States for the applicable season in which the temporary duty is applied; or (ii) the duty in effect for the fresh fruit or vegetable under column one of such Schedules, or column 1 (General) of the Harmonized System, at the time the temporary duty is applied. (7) (A) The Secretary shall, to the extent practicable, administer the provisions of this subsection to the 8-digit level of classification under the Harmonized System. (B) The Secretary may issue such regulations as may be necessary to implement the provisions of this subsection. (8) For purposes of assisting the Secretary in carrying out this subsection, the Commissioner of Customs and the Director of the Bureau of Census shall cooperate in providing the Secretary with timely information and data relating to the importation of Canadian fresh fruits and vegetables. (9) The authority to impose temporary duties under this subsection expires on the 20th anniversary of the date on which the Agreement enters into force. (b) Meat Import Act of 1979.—The Meat Import Act of 1979 (19 U.S.C. 2253 note) is amended— (1) by inserting at the end of subsection (b)(2) the following flush sentence: “Such term does not include any article described in subparagraph (A), (B), or (C) originating in Canada (as determined in accordance with section 202 of the United States-Canada Free-Trade Agreement Implementation Act of 1988).”; (2) by striking out “1,204,600,000” in subsection (c) and inserting “1,147,600,000”; (3) by striking out “1,250,000,000 pounds” in subsection (f)(1) and inserting “(A) 1,193,000,000 pounds if no import limitation on Canadian products is in effect under subsection (1), or (B) 1,250,000,000 pounds if an import limitation on Canadian products is in effect under subsection (1)”; (4) by inserting “other than Canada” after “countries” each place it appears in subsection (i); and (5) by amending subsection (1) to read as follows: “(l) If the President— “(1) has— “(A) proclaimed limitations on meat articles under the preceding provisions of this section, or “(B) entered into one or more agreements other than with Canada regarding meat articles pursuant to section 204 of the Agricultural Act of 1956; and 102 STAT. 1868 “(2) determines that the Government of Canada has not taken equivalent action; the President may by proclamation limit the total quantities of articles described in subsection (b)(2) (A), (B), and (C) and originating in Canada (as determined in accordance with section 202 of the United States-Canada Free-Trade Agreement Implementation Act of 1988) that may enter the United States. A limitation imposed under the preceding sentence shall be only to the extent that, and only for such period of time as, the President determines sufficient to prevent frustration of the limitations placed on meat articles imported from other countries under this section or actions taken with respect to meat articles under agreements negotiated pursuant to section 204 of the Agricultural Act of 1956.”. (c) Agricultural Adjustment Act.—Section 22(0 of the Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 624(f)), is amended by inserting immediately after “section” the following: “; except that the President may, pursuant to articles 705.5 and 707 of the United States-Canada Free-Trade Agreement, exempt products of Canada from any import restriction imposed under this section”. (d) Importation of Animal Vaccines.—The second sentence of the eighth paragraph of the matter under the heading “BUREAU OF ANIMAL INDUSTRY” of the Act of March 4, 1913 (37 Stat. 832, chapter 145; 21 U.S.C. 152) is amended to read as follows: “The importation into the United States of any virus, serum, toxin, or analogous product for use in the treatment of domestic animals, and the importation of any worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous product for use in the treatment of domestic animals, is prohibited without (1) a permit from the Secretary of Agriculture, or (2) in the case of an article originating in Canada, such permit or, in lieu of such permit, such certification by Canada as may be prescribed by the Secretary of Agriculture.”. (e) Importation of Seeds.—Subsection (e) of section 302 of the Federal Seed Act (7 U.S.C. 1582(e)) is amended to read as follows: “(e) The provisions of this title requiring certain seeds to be stained shall not apply— “(1) to alfalfa or clover seed originating in Canada, or “(2) when seeds otherwise required to be stained will not be sold within the United States and will be used for seed production only by or for the importer or consignee and the importer of record or consignee files a statement in accordance with the rules and regulations prescribed under section 402 certifying that such seeds will be used only for seed production by or for the importer or consignee.”. (f) Plant and Animal Health Regulations.— (1) Section 103 of the Federal Plant Pest Act (7 U.S.C. 150bb) is amended— (A) in subsection (a), by striking out “No” and inserting in lieu thereof “Except as provided in subsection (c), no ; and (B) by adding at the end thereof the following new subsection: “(c) No person shall move any plant pest from Canada into or through the United States or accept delivery of any plant pest moving from Canada into or through the United States, unless such 102 STAT. 1869movement is made in accordance with such regulations as the Secretary may promulgate under this section to prevent the dissemination into the United States of plant pests.”. (2) Section 104 of the Federal Plant Pest Act (7 U.S.C. 150cc) is amended— (A) in subsection (a), by striking out “Any letter” and inserting in lieu thereof “Except as provided in subsection (b), any letter”; (B) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (C) by inserting after subsection (a) the following new subsection: “(b) Any letter, parcel, box, or other package from Canada containing any plant pest, whether sealed as letter-rate postal matter or not, is declared to be nonmailable, and shall not knowingly be conveyed in the mail or delivered from any post office or by any mail carrier, except in accordance with such regulations as the Secretary may promulgate under this section to prevent the dissemination into the United States of plant pests.”. (3) The Act of August 20, 1912 (37 Stat. 315, chapter 308; 7 U.S.C. 154 et seq.) is amended— (A) in the first section (7 U.S.C. 154), by striking out “Provided” the first place it appears and inserting in lieu thereof “Provided,That the Secretary of Agriculture may waive the permit requirement for nursery stock imported or offered for entry from Canada: Provided further”,and (B) by adding at the end of section 2 (7 U.S.C. 156) the following new sentence: “This section shall not apply to nursery stock that arrives from, or is imported from, Canada.”. (4) Subsection (a) of section 4 of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2803(a)) is amended to read as follows: “(a) No person shall knowingly move any noxious weed identified in a regulation promulgated by the Secretary into or through the United States or interstate, unless such movement is— “(1) from Canada, or authorized under general or specific permit from the Secretary; and “(2) made in accordance with such conditions as the Secretary may prescribe in the permit and in such regulations as the Secretary may prescribe under this Act to prevent the dissemination into the United States, or interstate, of such noxious (5) Section 306 of the Tariff Act of 1930 (19 U.S.C. 1306) is amended by inserting after subsection (a) the following new subsection: “(b) Notwithstanding subsection (a), the Secretary of Agriculture may permit, subject to such terms and conditions as the Secretary of Agriculture determines appropriate, the importation of cattle, sheep, or other ruminants, or swine (including embryos of such animals) or the fresh, chilled, or frozen meat of such animals from a region of Canada notwithstanding the existence of rinderpest or foot-and-mouth disease in Canada, if— “(1) the United States and Canada have entered into an agreement delineating the criteria for recognizing that a geographical region of either country is free from rinderpest or foot-and-mouth disease; and 102 STAT. 1870 “(2) the appropriate official of the government of Canada certifies that the region of Canada from which the animal or meat originated is free from rinderpest and foot-and-mouth disease.”.