Page:United States Statutes at Large Volume 102 Part 2.djvu/861

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-449—SEPT. 28, 1988

102 STAT. 1865

(ii) to extend the duration, of such programs; and (2) determine whether to initiate an investigation under section 302 of the Trade Act of 1974 with respect to any of such production-based duty remission programs. 0)) REPORT AND MONITORING.—

(1) The United States Trade Representative shall submit a report to Congress no later than June 30, 1989 (or no later than September 30, 1989, if the Trade Representative considers an extension to be necessary) containing— (A) the results of the study under subsection (a)(D, as well as a description of the basis used for measuring and verifying compliance with the obligations referred to in subsection (a)(l)(B); and (B) any determination made under subsection (a)(2) and the reasons therefor. (2) Notwithstanding the submission of the report under paragraph (1), the Trade Representative shall continue to monitor the degree of compliance with the obligations referred to in subsection (a)(l)(B).

TITLE III—APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

19 USC 2112 note.

SEC. 301. AGRICULTURE. (a) SPECIAL VEGETABLES.—

TARIFF

PROVISIONS

FOR

FRESH

FRUITS

AND

(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 avergige 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 subpar^raph, 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 condi- Federal tions referred to in subparagraphs (A) and (B) regarding any Register, Canadian fresh fruit or vegetable exist, the Secretary shall Publication. 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