Sec. 702. ENFORCEMENT

1,815 words·~8 min read·/statute-compilations/comps-2961/sec-702

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 702 ENFORCEMENT ###

(a)Determination and Listing of Subsidies ####

(1)Initial determination and annual listing Not later than January 1,1980, the administering authority shall— #####

(A)determine, in consultation with the Secretary, whether any foreign government is providing a subsidy with respect to any article of cheese subject to an in-quota rate of duty, and #####

(B)publish a list of the type and the amount of each such subsidy which is determined to exist. Not later than January 1 of each year beginning with 1981, the administering authority shall republish such list, incorporating the changes and additional subsidies determined for the preceding calendar year under paragraph (2). ####

(2)Quarterly determination of changes and additional subsidies Not later than April 1, July 1, and October 1 of each year beginning with 1980, and not later than January 1 of each year beginning with 1981, the administering authority shall determine, in consultation with the Secretary— #####

(A)whether any changes in the type or amount of any subsidy included in the current annual list under paragraph

(1)(as modified by quarterly lists under this paragraph) have occurred, and #####

(B)whether any subsidy not included in such list is being provided with respect to any article of cheese subject to an in-quota rate of duty by a foreign government, and the type and amount of any such subsidy which is determined to exist. Not later than April 1, July 1, and October 1, the administering authority shall publish such changes and additional subsidies for the preceding calendar quarter. ####

(3)Additional determinations Any person, including the Secretary, may request the administering authority to make a determination under subparagraph

(A)or

(B)of paragraph (2). Not later than 30 days after receiving such a request, the administering authority shall

(A)make the determination, in consultation with the Secretary,

(B)notify the person making the request of such determination, and

(C)publish such modification, if any. Any such determination shall be in addition to the quarterly determinations required under paragraph (2). Requests made under this paragraph shall be supported by information reasonably available to the person requesting the determination. ###

(b)Complaints of Price-Undercutting by Subsidized Imports ####

(1)In general Any person may make a written complaint to the Secretary alleging that— #####

(A)the price at which any article of cheese subject to an in-quota rate of duty is offered for sale in the United States on a duty-paid wholesale basis (hereinafter in this section referred to as the “duty-paid wholesale price”) is less than the domestic wholesale market price of similar articles produced in the United States, and #####

(B)a foreign government is providing a subsidy with respect to such article of cheese subject to an in-quota rate of duty. ####

(2)Determinations #####

(A)The Secretary shall investigate and determine, not later than 30 days after receiving a complaint under paragraph (1), the validity of the allegations made under paragraph (1)(A). #####

(B)Except as otherwise provided in this subparagraph, the existence and the type and amount of any subsidy alleged under paragraph (1)(B) shall be determined by reference to the current list, as determined and published under subsection (a). If the complaint alleges a subsidy which is not included in such current list, or which is different in type or amount from a subsidy which is included in such current list, the Secretary shall immediately request the administering authority to make a determination with respect to the subsidy pursuant to subsection (a)(3). The administering authority shall make such determination in accordance with such subsection and shall report such determination to the Secretary. ###

(c)Reports of Determinations ####

(1)Publication The Secretary shall publish the determinations made under subsection

(b)in the Federal Register not later than 5 days after the date on which the Secretary makes his determination under subsection (b)(2)(A). ####

(2)Notification of foreign government Whenever it is determined under subsection

(b)that the duty-paid wholesale price of any article of cheese subject to an in-quota rate of duty is less than the domestic wholesale market price of a similar article produced in the United States and that a foreign government is providing a subsidy with respect to such article of cheese subject to an in-quota rate of duty, the Secretary shall immediately notify the United States Trade Representative. The United States Trade Representative shall notify the foreign government or governments involved of such determination not later than 3 days after the date on which the Secretary makes his determination under subsection (b)(2)(A). ####

(3)Report to president If, within 15 days after receiving notification under paragraph (2), the foreign government does not eliminate the subsidy or take such action as may be necessary to ensure that the duty-paid wholesale price of the article of cheese subject to an in-quota rate of duty will not be less than the domestic wholesale market price of similar articles produced in the United States, the Secretary shall immediately— #####

(A)report the determinations under subsection

(b)to the President, and #####

(B)recommend the imposition of a fee with respect to the importation of such article of cheese subject to an in-quota rate of duty from the country involved, in such amount as the Secretary determines necessary. ###

(d)Presidential Action ####

(1)In general Not later than 7 days after receiving a report under subsection (c)(3) with respect to an article of cheese subject to an in-quota rate of duty (or not later than 3 days after receiving a report under paragraph

(2)in any case in which such paragraph applies), the President shall proclaim the imposition of a fee on the importation of such article from the country involved in such amount (not to exceed the amount of the subsidy determined under subsection (b)(2)(B)) as may be necessary to ensure that the duty-paid wholesale price of such article will not be less than the domestic wholesale market price of similar articles produced in the United States, and shall direct the Commissioner of Customs to administer and enforce such fee. Any such fee imposed shall be in addition to any customs duty or other fee imposed by law. ####

(2)Additional investigation If the President finds that the determinations or recommendations of the Secretary reported under subsection (c)(3) are unsubstantiated by fact, he shall, not later than 7 days after receiving such report, notify the Secretary and direct him to make a further investigation. The Secretary shall, within 7 days of receiving such notification, make such investigation and report his findings to the President, including any modification in such determinations or recommendations. The President shall thereupon make the proclamation required by paragraph (1), unless the Secretary finds that there is no basis for the determinations or recommendations reported under subsection (c)(3) whether or not modified. ###

(e)Administration Any fee proclaimed pursuant to subsection

(d)and any termination or modification thereof pursuant to subsection

(g)shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after the date which is 3 days after the President makes the proclamation required by subsection (d). Such fees shall be treated for administrative purposes as duties imposed by the Tariff Act of 1930, but shall not be considered as duties for the purpose of granting any preferential concession under any law or international obligation of the United States. ###

(f)Inapplicability of Countervailing Duties During Effective Period of Cheese Agreements No countervailing duty shall be imposed under title VII of the Tariff Act of 1930 or under section 303 of the Tariff Act of 1930 (as in effect on the day before the effective date of title II of the Uruguay Round Agreements Act) with respect to an article of cheese subject to an in-quota rate of duty which is the product of any country at any time during which an agreement relating to cheese described in section 2(c)(8) containing a commitment from a foreign government with respect to price undercutting is in effect between the United States and such country. ###

(g)Termination or Modification of Presidential Action ####

(1)Termination If, at any time after the President takes an action under subsection

(d)with respect to the importation from a foreign country of an article of cheese subject to an in-quota rate of duty, the Secretary receives reasonable evidence and assurance that, with respect to future entries of such article into the customs territory of the United States— #####

(A)the duty-paid wholesale price of such article will not be less than the domestic wholesale market price of similar articles produced in the United States, or #####

(B)the foreign government will no longer provide a subsidy with respect to such article of cheese subject to an in-quota rate of duty, the Secretary shall notify the President of such finding and the President shall, by proclamation, terminate such action with respect to the importation of such article from such country. ####

(2)Modification The Secretary shall recommend to the President such modifications of fees imposed under subsection

(d)with respect to any article of cheese subject to an in-quota rate of duty as may be necessary to ensure that the duty-paid wholesale price of such article will not be less than the domestic wholesale market price of similar articles produced in the United States, and the President shall, by proclamation, make such modifications. The amount of any fee, as so modified, shall not be greater than the amount of the subsidy provided by the foreign government with respect to the article of cheese subject to an in-quota rate of duty. ###

(h)Definitions For purposes of this section— ####

(1)Administering authority The term “**administering authority**” has the same meaning such term has in section 771(1) of the Tariff Act of 1930. ####

(2)Subsidy The term “**subsidy**” has the same meaning such term has in section 771(5) of the Tariff Act of 1930. ####

(3)Domestic wholesale market, domestic wholesale market price, and duty-paid wholesale price The domestic wholesale market and the domestic wholesale market price of any article similar to an article of cheese subject to an in-quota rate of duty, and the duty-paid wholesale price of any article of cheese subject to an in-quota rate of duty shall be determined under regulations prescribed by the Secretary not later than January 1, 1980, in accordance with chapter 5 of title 5 of the United States Code. ####

(4)Cheese subject to an in-quota rate of duty The term “**cheese subject to an in-quota rate of duty**” means the articles and the quantities of such articles provided for in the Additional U. S. Notes 14 through 23 of chapter 4 of Schedule XX (as defined in section 2(5) of the Uruguay Round Agreements Act). ####

(5)Secretary The term “**Secretary**” means the Secretary of Agriculture.