Page:United States Statutes at Large Volume 104 Part 5.djvu/545

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3867 Secretary from nominations submitted by importers in such manner as may be prescribed by the Secretary."; (B) after "If producers" by inserting "or importers"; and (C) in the last sentence by inserting ", or to importer approval when importers are subject to a plan," after "approval"; (2) in subsection (e)— (A) by striking "one cent" and inserting "2 cents"; and (B) by inserting ", and importers when importers are subject to a plan," after "producers"; (3) in subsection (f)(1) by inserting in the proviso ", or importer approval when importers are subject to a plan," after "producer approval"; and (4) by striking subsection (g) and redesignating subsections (h), (i), and (j) as subsections (g), (h), and (i), respectively. SEC. 1941. PERMISSIVE TERMS IN PLANS. Section 309 of the Potato Research and Promotion Act (7 U.S.C. 2618) is amended by redesignating subsection (g) as subsection (i) and inserting the following new subsections: "(g) Providing that any potato producer or importer against whose potatoes any assessment is made and collected under authority of this title and who is not in favor of supporting the research and promotion program as provided for under this title shall have the right to demand and receive from the board a refund of such assessment. Such demand shall be made personally by such producer or importer in accordance with regulations and on a form and within a time period prescribed by the board and approved by the Secretary, but in no event less than 90 days, and upon submission of proof satisfactory to the board that the producer or importer paid the assessment for which refund is sought, and any such refund shall be made within 60 days after demand therefor. "(h) Providing for authority to assess imports of tablestock, frozen, or processed potatoes for ultimate consumption by humans and seed potatoes into the United States.". SEC. 1942. ASSESSMENTS. Section 310 of the Potato Research and Promotion Act (7 U.S.C. 2619) is amended— (1) in subsection (a) by inserting "(1)" after "(a)" and adding at the end thereof the following new paragraph: "(2) when importers are subject to a plan, each importer designated by the board, pursuant to regulations issued under the plan, to make payment of assessments shall be responsible for payment to the board, as it may direct, of any assessment levied on potatoes. The assessment on imported tablestock, frozen, or processed potatoes for ultimate consumption by humans, and seed potatoes shall be established by the board so that the effective assessment shall equal that on domestic production and shall be paid by the importer to the board at the time of entry into the United States. Each such importer shall maintain a separate record including the total quantity of tablestock, frozen, processed potatoes for ultimate consumption by humans, and seed potatoes imported into the United States that are included under the terms of the plan as well as those that are exempt under such plan, and shall indicate such other 39-194O-91-18:QL3Part5

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