138
(2) in subsection (f)(1), by striking the end pe-
riod and inserting ‘‘, except that the President may
exclude any such article originating in a NAFTA
country (as determined in accordance with section
202 of the NAFTA Act) or, if paragraph (3)(B) ap-
plies, any such article originating in Canada as de-
termined in accordance with such paragraph
(3)(B).’’; and
(3) in subsection (i), by inserting ‘‘and Mexico’’
after ‘‘Canada’’ each place it appears.
(b) SECTION 22 OF THE AGRICULTURAL ADJUST-
MENT ACT.—
(1) IN GENERAL.—The President may, pursu-
ant to article 309 and Annex 703.2 of the Agree-
ment, exempt from any quantitative limitation or fee
imposed pursuant to section 22 of the Agricultural
Adjustment Act (7 U.S.C. 624), reenacted with
amendments by the Agricultural Marketing Agree-
ment Act of 1937, any article which originates in
Mexico, if Mexico is a NAFTA country.
(2) QUALIFICATION OF ARTICLES.—The deter-
mination of whether an article originates in Mexico
shall be made in accordance with section 202, except
that operations performed in, or materials obtained
from, any country other than the United States or
139
Mexico shall be treated as if performed in or ob-
tained from a country other than a NAFTA country.
(c) TARIFF RATE QUOTAS.—In implementing the
tariff rate quotas set out in the United States Schedule
to Annex 302.2 of the Agreement, the President shall take
such action as may be necessary to ensure that imports
of agricultural goods do not disrupt the orderly marketing
of commodities in the United States.
(d) PEANUTS.—
(1) EFFECT OF THE AGREEMENT.—
(A) IN GENERAL.—Nothing in the Agree-
ment or this Act reduces or eliminates—
(i) any penalty required under section
358e(d) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1359a(d)); or
(ii) any requirement under Marketing
Agreement No. 146, Regulating the Qual-
ity of Domestically Produced Peanuts, on
peanuts in the domestic market, pursuant
to section 108B(f) of the Agricultural Act
of 1949 (7 U.S.C. 1445c–3(f)).
(B) REENTRY OF EXPORTED PEANUTS.—
Paragraph (6) of section 358e(d) of the Agri-
cultural Adjustment Act of 1938 (7 U.S.C.
1359a(d)(6)) is amended to read as follows:
140
‘‘(6) REENTRY OF EXPORTED PEANUTS.—
‘‘(A) PENALTY.—If any additional peanuts
exported by a handler are reentered into the
United States in commercial quantities as de-
termined by the Secretary, the importer of the
peanuts shall be subject to a penalty at a rate
equal to 140 percent of the loan level for quota
peanuts on the quantity of peanuts reentered.
‘‘(B) RECORDS.—Each person, firm, or
handler who imports peanuts into the United
States shall maintain such records and docu-
ments as are required by the Secretary to en-
sure compliance with this subsection.’’.
(2) CONSULTATIONS
ON
IMPORTS.—It is the
sense of Congress that the United States should re-
quest consultations in the Working Group on Emer-
gency Action, established in the Understanding Be-
tween the Parties to the North American Free
Trade Agreement Concerning Chapter Eight—
Emergency Action, if imports of peanuts exceed the
in-quota quantity under a tariff rate quota set out
in the United States Schedule to Annex 302.2 of the
Agreement concerning whether—
(A) the increased imports of peanuts con-
stitute a substantial cause of, or contribute im-
141
portantly to, serious injury, or threat of serious
injury, to the domestic peanut industry; and
(B) recourse under Chapter Eight of the
Agreement or Article XIX of the General
Agreement on Tariffs and Trade is appropriate.
(e) FRESH FRUITS, VEGETABLES, AND CUT FLOW-
ERS.—
(1) IN GENERAL.—The Secretary of Agriculture
shall collect and compile the information specified
under paragraph (3), if reasonably available, from
appropriate Federal departments and agencies and
the relevant counterpart ministries of the Govern-
ment of Mexico.
(2) DESIGNATION
OF
AN
OFFICE.—The Sec-
retary of Agriculture shall designate an office within
the United States Department of Agriculture to be
responsible for maintaining and disseminating, in a
timely manner, the data accumulated for verifying
citrus, fruit, vegetable, and cut flower trade between
the United States and Mexico. The information shall
be made available to the public and the NAFTA Ag-
riculture Committee Working Groups.
(3) INFORMATION COLLECTED.—The informa-
tion to be collected, if reasonably available, in-
cludes—
142
(A) monthly fresh fruit, fresh vegetable,
fresh citrus, and processed citrus product im-
port and export data;
(B) monthly citrus juice production and
export data;
(C) data on inspections of shipments of cit-
rus, vegetables, and cut flowers entering the
United States from Mexico; and
(D) in the case of fruits, vegetables, and
cut flowers entering the United States from
Mexico, data regarding—
(i) planted and harvested acreage; and
(ii) wholesale prices, quality, and
grades.
(f) END-USE CERTIFICATES.—
(1) IN GENERAL.—The Secretary of Agriculture
(referred to in this subsection as the ‘‘Secretary’’)
shall implement, in coordination with the Commis-
sioner of Customs, a program requiring that end-use
certificates be included in the documentation cover-
ing the entry into, or the withdrawal from a ware-
house for consumption in, the customs territory of
the United States—
(A) of any wheat that is a product of any
foreign country or instrumentality that re-
143
quires, as of the effective date of this sub-
section, end-use certificates for imports of
wheat that is a product of the United States
(referred to in this subsection as ‘‘United
States-produced wheat’’); and
(B) of any barley that is a product of any
foreign country or instrumentality that re-
quires, as of the effective date of this sub-
section, end-use certificates for imports of bar-
ley that is a product of the United States (re-
ferred to in this subsection as ‘‘United States-
produced barley’’).
(2) REGULATIONS.—The Secretary shall pre-
scribe by regulation such requirements regarding the
information to be included in end-use certificates as
may be necessary and appropriate to carry out this
subsection.
(3) 
PRODUCER
PROTECTION
DETERMINA-
TION.—At any time after the effective date of the
requirements established under paragraph (1), the
Secretary may, subject to paragraph (5), suspend
the requirements when making a determination,
after consultation with domestic producers, that the
program implemented under this subsection has di-
rectly resulted in—