[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1626 Introduced in House (IH)]

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

SECTION 1. ADJUSTMENT OF THE RATE OF DUTY ON CERTAIN TOMATO IMPORTS.

    (a) In General.--Notwithstanding any other provision of law, in the 
case of agricultural products described in subheadings 9906.07.01 
through 9906.07.08 of the Harmonized Tariff Schedule of the United 
States that are products of Mexico, the rate of duty on such products 
entered, or withdrawn from warehouse for consumption--
            (1) during the 3-month period beginning 5 days after the 
        date of the enactment of this Act, shall be the rate equal to 
        the column 1 rate of such duty multiplied by the percentage 
        determined by dividing--
                    (A) the value of the currency of Mexico (stated in 
                United States dollars) on January 1, 1994, by
                    (B) the value of the currency of Mexico (stated in 
                United States dollars) on the date of the enactment of 
                this Act; and
            (2) during each 3-month period thereafter, shall be the 
        rate equal to the column 1 rate of such duty multiplied by the 
        percentage determined by dividing--
                    (A) the value of the currency of Mexico (stated in 
                United States dollars) on the first day of the 
                preceding 3-month period, by
                    (B) the value of the currency of Mexico (stated in 
                United States dollars) on the last day of the preceding 
                3-month period.
    (b) Calculation of 3-Month Periods.--For purposes of subsection 
(a), references to the ``preceding 3-month period'' refer to the 3-
month period ending 5 days before the beginning of the 3-month period 
for which a rate of duty is calculated under subsection (a).

SEC. 2. APPLICABILITY.

    Section 1 applies with respect to goods entered, or withdrawn from 
warehouse for consumption, on or after the 5th day after the date of 
the enactment of this Act.

SEC. 3. ACTION BY SECRETARY OF AGRICULTURE.

    (a) Determination of Harm; Remedies.--The Secretary of Agriculture 
shall determine, not later than 3 months after the date of the 
enactment of this Act, the nature and extent of the harm to the 
domestic winter tomato industry as a result of the devaluation in the 
Mexican peso that began in December 1994, and the Secretary shall, 
immediately upon making such determination, exercise the authorities 
the Secretary has to remedy such harm.
    (b) Report to Congress.--The Secretary of Agriculture shall, not 
later than 6 months after the date of the enactment of this Act, report 
to the Congress on the determination under subsection (a) and any 
action taken pursuant to that determination.

SEC. 4. AUTHORITY FOR IMPORT RESTRICTIONS.

    (a) Authority To Impose Restrictions.--Section 8e of the 
Agricultural Adjustment Act (7 U.S.C. 608e-1) is amended--
            (1) in subsection (a) by inserting ``containers,'' after 
        ``size,'' each place it appears; and
            (2) by striking subsections (c) and (d).
    (b) Imposition of Regulatory Requirements.--For purposes of 
applying section 8e of the Agricultural Adjustment Act, imports of 
tomatoes from Mexico shall be prohibited that do not meet the specific 
requirements with respect to grade, size, and containers set forth in 
section 960.323 of title 7, Code of Federal Regulations, for such 
period as such requirements, and any modifications thereto, are in 
effect.
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