[Federal Register Volume 66, Number 249 (Friday, December 28, 2001)]
[Notices]
[Page 67168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31949]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / 
Notices

[[Page 67168]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary


Special Provisions for Canadian Fresh Fruit and Vegetable Imports 
Under the North American Free Trade Agreement

AGENCY: Office of the Secretary, USDA.

ACTION:  Notice of determination of existence of conditions necessary 
for imposition of temporary duty on potatoes from Canada.

-----------------------------------------------------------------------

SUMMARY: As required by section 301(a) of the United States-Canada 
Free-Trade Agreement Implementation Act of 1988, as amended by the 
North American Free Trade Agreement Implementation Act (``FTA 
Implementation Act''), this is a notification that the Secretary of 
Agriculture has determined that the necessary conditions exist with 
respect to United States acreage and import price criteria for potatoes 
classifiable to subheadings 0701.90 of the Harmonized Tariff Schedule 
of the United States (HTS) imported from Canada to permit the Secretary 
to consider recommending to the President the imposition of a temporary 
duty (``snapback duty'') by the United States pursuant to section 
301(a) of the FTA Implementation Act, implementing Article 702 of the 
United States-Canada Free-Trade Agreement, Special Provisions for Fresh 
Fruits and Vegetables, as incorporated by reference and made a part of 
the North American Free Trade Agreement (NAFTA) pursuant to Annex 
702.1, paragraph 1 of NAFTA.

FOR FURTHER INFORMATION CONTACT: Brian Grunenfelder, Horticultural & 
Tropical Products Division, Foreign Agricultural Service, U.S. 
Department of Agriculture, Washington, DC 20250-1049 or telephone at 
(202) 720-3423.

SUPPLEMENTARY INFORMATION: The FTA Implementation Act, in accordance 
with the NAFTA, authorizes the imposition of a temporary duty 
(snapback) for a limited group of fresh fruits and vegetables from 
Canada when certain conditions exist. Potatoes, classified under 
subheadings 0701.90 of the HTS, is a good subject to the snapback duty 
provision.
    Under section 301(a) of the FTA Implementation Act, two conditions 
must exist before imposition by the United States of a snapback duty 
can be considered. First, the import price of a covered Canadian fruit 
or vegetable, for each of five consecutive working days, must be less 
than ninety percent of the corresponding five-year average monthly 
import price. This price for a particular day is the average import 
price of a Canadian fresh fruit or vegetable imported into the United 
States from Canada, for the calendar month in which that day occurs, in 
each of the 5 preceding years, excluding the years with the highest and 
lowest monthly averages.
    Second, the planted acreage in the United States for the like fruit 
or vegetable must be no higher than the average planted acreage over 
the preceding five years, excluding the years with the highest and 
lowest acreage.
    From October 2-8, 2001, the price conditions with respect to 
potatoes were met.
    The most recent revision of planted acreage for potatoes shows that 
this year's planted acreage is below the planted acreage over the 
preceding five years, excluding the years with the highest and lowest 
planted acreages.

    Issued at Washington, DC the 12th day of December, 2001.
Ann Veneman,
Secretary of Agriculture.
[FR Doc. 01-31949 Filed 12-27-01; 8:45 am]
BILLING CODE 3410-10-M