Page:United States Statutes at Large Volume 103 Part 2.djvu/874

 103 STAT. 1884 PUBLIC LAW 101-220—DEC. 12, 1989 Tariff Schedules of the U.S. 7 USC 1736CC. Claims. Contracts. purchase a note or other obligation held in the Rural Develop- ment Insurance Fund; and "(B) otherwise meet all eligibility criteria, as such criteria existed immediately prior to May 9, 1989, at the time the purchase occurs under this subsection. "(3) The opportunity to purchase any such note or other obligation shall be held open, under the policies and procedures in effect under subsections (0(2) and (f)(3) immediately prior to May 9, 1989, for 150 days after the date of enactment of this subsection. The Secretary shall not require any further good faith deposit from issuers who qualify under this subsection. The Secretary shall notify eligible issuers of the opportunity afforded under this subsection within 30 days after the date of enactment of this subsection and may require such issuers to express an intention to purchase their note or other obligation by a date certain.". SEC. l.J. I'llOHIBITION ON DUTY DRAWBACK CLAIMS BY EXPORTERS WHO USE CERTAIN EXPORT PROMOTION PROGRAMS. (a) IN GENERAL.— The Secretary of Agriculture may provide that a person shall be ineligible for participation in an export program established under title I or title III of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), or in any other export credit, credit guarantee, bonus, or other export program carried out through, or administered by, the Commodity Credit Corporation or carried out with funds made available pursu- ant to section 32 of the Act entitled "An Act to amend the Agricul- tural Adjustment Act, and for other purposes", approved August 24, 1935 (7 U.S.C. 612c) with respect to the export of any agricultural commodity or product that has been or will be used as the basis for a claim of a refund, as drawback, pursuant to section 313(j)(2) of the Tariff Act of 1930 (19 U.S.C. 1313(j)(2)), of any duty, tax, or fee imposed under Federal law on an imported commodity or product. (b) VEGETABLE OIL.— A person shall be ineligible for participation in any of the export programs referred to in subsection (a) with respect to the export of vegetable oil or a vegetable oil product that has been or will be used as the basis for a claim of a refund, as a drawback, pursuant to section 313 of the Tariff Act of 1930, of any duty, tax, or fee imposed under Federal law on an imported commodity or product. (c) CERTIFICATION. — A person applying to export any agricultural commodity or product under the export programs referred to in subsection (a) shall certify, in accordance with regulations issued under subsection (d), that none of the commodity or product has been or will be used as the basis of a claim for any refund specified in subsection (a), except that a person applying to export any vegetable oil or vegetable oil product under such programs shall certify that none of the vegetable oil or vegetable oil product has been or will be used as the basis of a claim for any refund specified in subsection (b). (d) REGULATIONS.—The Secretary of Agriculture shall issue regu- lations to carry out this section. (e) APPLICABILITY. — T his section shall not apply to quantities of agricultural commodities and products with respect to which an exporter has entered into a contract, prior to the effective date of this section, for an export sale.

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