Page:United States Statutes at Large Volume 104 Part 5.djvu/527

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PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3849 (C) IMPORTERS.—Importers of pecans into the United States shall pay the assessment at the time the pecans enter the United States and shall remit such assessment to the Board. (d) ASSESSMENT RATE. — (1) IN GENERAL.— Except as provided in paragraph (2), assessment rates shall be recommended by the Board and approved by the Secretary, except that the maximum assessment shall not exceed— (A) during the period commencing on the effective date of the issuance of a plan and ending on the date the referendum is conducted under section 1916(a), one-half cent per pound for in-shell pecans as determined by the Board and approved by the Secretary; and (B) after such period, 2 cents per pound for in-shell pecans. (2) ADJUSTING RATE FOR SHELLED PECANS.— The rate of assessment of shelled pecans shall be twice the rate established for in-shell pecans pursuant to paragraph (1). (3) SPECIAL STATE ASSESSMENT. — (A) IN GENERAL. — Notwithstanding any other provision of this subtitle, with the approval of the Secretary and if authorized by State law and requested by such State, a special assessment of one-quarter cent per pound for inshell pecans, and an appropriate per-pound assessment for shelled pecans as adjusted under paragraph (2), shall be remitted to the Board for the purpose of utilizing such funds by a State pecan marketing board for research projects to promote pecans pursuant to State law. (B) COLLECTION AND REMITTANCE.— The Board shall collect such assessments and upon receipt of such assessments shall remit such assessments to the State, within a time period mutually agreed upon between the State and the Board, and approved by the Secretary. In the collection of such State assessments, neither the Board nor the Secretary shall in any manner enforce the collection or remittance of any such payment by producers of such State assessments or investigate nonpayment of such State assessments, except to provide to a State the names of growers from whom such assessments were collected and the respective amounts of assessments collected. (C) REGULATIONS. —The Secretary is authorized to make such regulations as may be necessary to carry out the provisions of this section. (e) LATE-PAYMENT CHARGE. — (1) IN GENERAL. —T here shall be a late-payment charge imposed on any person who fails to remit, on or before the due date established by the Board under subsection (c)(2), to the Board the total amount for which such person is liable. (2) AMOUNT OF CHARGE. — The amount of the late-payment charge imposed under paragraph (1) shall be prescribed by the Board with the approval of the Secretary. (f) REFUND OF ASSESSMENTS FROM ESCROW ACCOUNT.— (1) ESTABLISHMENT OF ESCROW ACCOUNT.— During the period beginning on the effective date of a plan first issued under section 1908 and ending on the date the referendum is conducted under section 1916(a), the Board shall—