“(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 immediately submit for publication in the Federal Register notice of the determination.
“(2) No later than 6 days after publication in the Federal Register of the notice described in paragraph (1), the Secretary shall decide whether to recommend the imposition of a temporary duty to the President, and if the Secretary decides to make such a recommendation, the recommendation shall be forwarded immediately to the President.
“(3) 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 appropriate, including consideration of whether it would significantly correct this distortion.
“(4) 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.
“(5) A temporary duty imposed under paragraph (4) 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.
“(6) 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 [19 U.S.C. 2251 et seq.].
“(7) 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 calendar 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.
“(8)(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.
“(9) For purposes of assisting the Secretary in carrying out this subsection—“(A) the Commissioner of U.S. Customs and Border Protection 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, and
“(B) importers shall report such information relating to Canadian fresh fruits and vegetables to the Commissioner of U.S. Customs and Border Protection at such time and in such manner as the Commissioner requires.
“(10) 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.—
[Amended section 2 of Pub. L. 88–482, set out as a note under section 2253 of this title.]
“(c) Agricultural Adjustment Act.—
[Amended section 624 of Title 7, Agriculture.]
“(d) Importation of Animal Vaccines.—
[Amended section 152 of Title 21, Food and Drugs.]
“(e) Importation of Seeds.—
[Amended section 1582 of Title 7, Agriculture.]
“(f) Plant and Animal Health Regulations.—“(1) [Amended section 150bb of Title 7.]
“(2) [Amended section 150cc of Title 7.]
“(3) [Amended sections 154 and 156 of Title 7.]
“(4) [Amended section 2803 of Title 7.]
“(5) [Amended section 1306 of this title.]