I

104TH CONGRESS

1ST SESSION H. R. 1626

To provide for the adjustment in the rate of duty for tomatoes imported

from Mexico to take into account changes in the value of Mexican

currency with respect to the United States dollar, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 12, 1995

Mr. FOLEY introduced the following bill; which was referred to the Committee

on Ways and Means, and in addition to the Committee on Agriculture,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

A BILL

To provide for the adjustment in the rate of duty for tomatoes imported from Mexico to take into account changes

in the value of Mexican currency with respect to the

United States dollar, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ADJUSTMENT OF THE RATE OF DUTY ON CER4 TAIN TOMATO IMPORTS.

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, in the case of agricultural products described

7 in subheadings 9906.07.01 through 9906.07.08 of the
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1 Harmonized Tariff Schedule of the United States that are

2 products of Mexico, the rate of duty on such products en3 tered, or withdrawn from warehouse for consumption—

4 (1) during the 3-month period beginning 5 days

5 after the date of the enactment of this Act, shall be

6 the rate equal to the column 1 rate of such duty

7 multiplied by the percentage determined by divid8 ing—

9 (A) the value of the currency of Mexico

10 (stated in United States dollars) on January 1,

11 1994, by

12 (B) the value of the currency of Mexico

13 (stated in United States dollars) on the date of

14 the enactment of this Act; and

15 (2) during each 3-month period thereafter, shall

16 be the rate equal to the column 1 rate of such duty

17 multiplied by the percentage determined by divid18 ing—

19 (A) the value of the currency of Mexico

20 (stated in United States dollars) on the first

21 day of the preceding 3-month period, by

22 (B) the value of the currency of Mexico

23 (stated in United States dollars) on the last day

24 of the preceding 3-month period.
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1 (b) CALCULATION OF 3-MONTH PERIODS.—For pur2 poses of subsection (a), references to the ‘‘preceding 3-

3 month period’’ refer to the 3-month period ending 5 days

4 before the beginning of the 3-month period for which a

5 rate of duty is calculated under subsection (a).

6 SEC. 2. APPLICABILITY.

7 Section 1 applies with respect to goods entered, or

8 withdrawn from warehouse for consumption, on or after

9 the 5th day after the date of the enactment of this Act.

10 SEC. 3. ACTION BY SECRETARY OF AGRICULTURE.

11 (a) DETERMINATION OF HARM; REMEDIES.—The

12 Secretary of Agriculture shall determine, not later than

13 3 months after the date of the enactment of this Act, the

14 nature and extent of the harm to the domestic winter to15 mato industry as a result of the devaluation in the Mexi16 can peso that began in December 1994, and the Secretary

17 shall, immediately upon making such determination, exer18 cise the authorities the Secretary has to remedy such

19 harm.

20 (b) REPORT TO CONGRESS.—The Secretary of Agri21 culture shall, not later than 6 months after the date of

22 the enactment of this Act, report to the Congress on the

23 determination under subsection (a) and any action taken

24 pursuant to that determination.
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1 SEC. 4. AUTHORITY FOR IMPORT RESTRICTIONS.

2 (a) AUTHORITY TO IMPOSE RESTRICTIONS.—Section

3 8e of the Agricultural Adjustment Act (7 U.S.C. 608e–

4 1) is amended—

5 (1) in subsection (a) by inserting ‘‘containers,’’

6 after ‘‘size,’’ each place it appears; and

7 (2) by striking subsections (c) and (d).

8 (b) IMPOSITION OF REGULATORY REQUIREMENTS.—

9 For purposes of applying section 8e of the Agricultural

10 Adjustment Act, imports of tomatoes from Mexico shall

11 be prohibited that do not meet the specific requirements

12 with respect to grade, size, and containers set forth in sec13 tion 960.323 of title 7, Code of Federal Regulations, for

14 such period as such requirements, and any modifications

15 thereto, are in effect.

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