[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 324 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 324

  To improve monitoring of the domestic uses made of certain foreign 
   grain after importation, to use the export enhancement program to 
     promote the export of wheat to Mexico, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 4 (legislative day, January 5), 1993

  Mr. Baucus introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To improve monitoring of the domestic uses made of certain foreign 
   grain after importation, to use the export enhancement program to 
     promote the export of wheat to Mexico, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Trade in Grain Act of 1993''.

SEC. 2. MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN GRAIN AFTER 
              IMPORTATION.

    (a) Definitions.--As used in this section:
            (1) Entry.--The term ``entry'' means the entry into, or the 
        withdrawal from warehouse for consumption in, the customs 
        territory of the United States.
            (2) Foreign grain.--The term ``foreign grain'' means any of 
        the following, if a product of any foreign country or 
        instrumentality:
                    (A) Wheat provided for in heading 1001 of the 
                Harmonized Tariff Schedule of the United States.
                    (B) Barley provided for in heading 1003.00 of such 
                Schedule.
                    (C) Oats provided for in heading 1004.00.00 of such 
                Schedule.
    (b) Certification Requirements Regarding Foreign Grain.--
            (1) End-use certificate.--An end-use certificate that meets 
        the requirements of subsection (c) shall be included in the 
        documentation covering the entry of any foreign grain.
            (2) Quarterly reports.--A consignee of imported foreign 
        grain shall submit to the Secretary of Agriculture a quarterly 
        report that certifies--
                    (A) what percentage of the foreign grain covered by 
                an end-use certificate was used by the consignee during 
                the quarter; and
                    (B) that the grain referred to in paragraph (1) was 
                used by the consignee for the purpose stated in the 
                end-use certificate.
    (c) End-Use Certificate and Quarterly Report Content.--The end-use 
certificates and quarterly reports required under subsection (b) shall 
be in such form, and require such information, as the Secretary of 
Agriculture considers necessary or appropriate to carry out the 
purposes of this section, including--
            (1) in the case of the end-use certificate--
                    (A) the name and address of the importer of record 
                of the foreign grain covered by the certificate;
                    (B) the name and address of the consignee of the 
                grain;
                    (C) the identification of the country of origin of 
                the grain;
                    (D) a description by class and quantity of the 
                grain;
                    (E) a specification of the purpose for which the 
                consignee will use the grain; and
                    (F) the identification of the transporter of the 
                grain from the port of entry to the processing facility 
                of the consignee; and
            (2) in the case of the quarterly report--
                    (A) the information referred to in subparagraphs 
                (A) and (B) of paragraph (1);
                    (B) the identification of the end-use certificates 
                currently held by the consignee;
                    (C) a statement of the quantity of the foreign 
                grain covered by each of the end-use certificates 
                identified under subparagraph (B) that was used during 
                the quarter;
                    (D) a statement of the use made during the quarter 
                by the consignee of each quantity referred to in 
                subparagraph (C); and
                    (E) a statement of the quantity of wheat, barley, 
                and oats that have been exported by the consignee 
                during the quarter.
    (d) Regulations.--The Secretary of Agriculture shall prescribe such 
requirements regarding the preparation and submission of the quarterly 
reports required under subsection (b)(2) as may be necessary or 
appropriate to carry out this section.
    (e) Penalties.--
            (1) Customs penalties.--End-use certificates required under 
        this section shall be treated as any other customs 
        documentation for purposes of applying the customs laws that 
        prohibit the entry, or the attempt to enter, merchandise by 
        fraud, gross negligence, or negligence.
            (2) Civil penalties.--Any person who knowingly violates any 
        requirement prescribed by the Secretary of Agriculture to carry 
        out this section is punishable by a civil penalty in an amount 
        not to exceed $10,000.
    (f) Entry Prohibited Unless End-Use Certificate Presented.--The 
Commissioner of Customs may not permit the entry of foreign grain 
unless the importer of record presents at the time of entry of the 
grain an end-use certificate that complies with the applicable 
requirements of subsection (c).

SEC. 3. USE OF EXPORT ENHANCEMENT PROGRAM TO PROMOTE WHEAT EXPORTS TO 
              MEXICO.

    Section 301(b) of the Agricultural Trade Act of 1978 (7 U.S.C. 
5651(b)) is amended by adding at the end the following new paragraph:
            ``(9) Promotion of wheat exports to mexico.--In carrying 
        out the program established under this section, the Secretary 
        shall provide agricultural commodities or cash payments, or 
        both, to promote the export of wheat to Mexico.''.

SEC. 4. INITIATION OF INVESTIGATION WITH RESPECT TO CANADIAN WHEAT 
              SUBSIDIES.

    Not later than 30 days after the date of the enactment of this Act, 
the administering authority shall initiate a countervailing duty 
investigation and an antidumping duty investigation under title VII of 
the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to the 
subsidies provided by Canada in connection with the exportation of 
wheat to the United States.

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