Page:United States Statutes at Large Volume 102 Part 2.djvu/862

 102 STAT. 1866

President of U.S.

Termination date.

PUBLIC LAW 100-449—SEPT. 28, 1988 appropriate, including consideration of whether it would significantly correct this distortion. (3) Not later than 7 days after receipt of a recommendation of the Secretary under paragraph (1), the President, after taking into account the national economic interests of the United States, shall determine whether to impose a temporary duty on the Canadian fresh fruit or v^etable concerned. If the determination is affirmative, the President shall proclaim the imposition and the rate of the temporary duty, but such duty shall not apply to the entry of articles that were in transit to the United States on the fost day on which the temporary duty is in effect. (4) A temporary duty imposed under paragraph (3) shall cease to apply with respect to articles that are entered on or after the earlier of— (A) the day following the last of 5 consecutive working days with respect to which the Secretary determines that the point of shipment price in Canada for the Canadian fruit or v^etable concerned exceeds 90 percent of the corresponding 5-year average monthly import price; or (B) the 180th day after the date on which the temporary duty first took effect. (5) No temporary duty may be imposed under this subsection on a Canadian fresh fruit or vegetable during such time as import relief is provided with respect to such fresh fruit or v^etable under chapter 1 of title II of the Trade Act of 1974. (6) For purposes of this subsection: (A) The term "Canadian fresh fruit or vegetable" means any article originating in Canada (as determined in accordance with section 202) and classified within any of the following headings of the Harmonized S3rstem: (i) 07.01 (relating to potatoes, fresh or chilled); (ii) 07.02 (relating to tomatoes, fresh or chilled); (iii) 07.03 (relating to onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled); (iv) 07.04 (relating to cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled); (v) 07.05 (relating to lettuce (lactuca sativa) and chicory (cichorium spp.), fresh or chilled); (vi) 07.06 (relating to carrots, salad beets or beetroot, salsify, celeriac, radishes and similar edible roots (excluding turnips), fresh or chilled); (vii) 07.07 (relating to cucumbers and gherkins, fresh or chilled); (viii) 07.08 (relating to leguminous vegetables, shelled or unshelled, fresh or chilled); (ix) 07.09 (relating to other v^etables (excluding truffles), fresh or chilled); (x) 08.06.10 (relating to grapes, fresh); (xi) 08.08.20 (relating to pears and quinces, fresh); (xii) 08.09 (relating to apricots, cherries, peaches (including nectarines), plums and sloes, fresh); and (xiii) 08.10 (relating to other fruit (excluding cranberries and blueberries), fresh). (B) The term "corresponding 5-year average monthly import price" for a particular day means the average import price of a Canadian fresh fruit or v^etable, for the

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