Page:United States Statutes at Large Volume 106 Part 4.djvu/693

 PUBLIC LAW 102-523—OCT. 26, 1992 106 STAT. 3429 "(4) reduce the dolphin mortality resiilting from purse seine net operations conducted by vessels of the country in the period beginning January 1, 1993, and ending February 28, 1994, to a level that is lower than such mortality in 1992 by a statistically significant margin. FOR FAILURE TO COMPLY WITH COMMITMENTS. — "(1) BAN ON IMPORTS OF YELLOWFIN TUNA AND YELLOWFIN TUNA PRODUCTS.—The Secretary, in consultation with the Secretary of State, shall periodically determine whether each country which has transmitted a formal communication expressing the commitments described in subsection (a) is fully implementing those commitments. If the Secretary determines that any such country is not implementing those commitments— ''(A) the Secretary shall notify the President and the Congress of that determination; and (B) 15 days after such notification, the Secretary of the Treasury shall ban the importation from that country of all yellowfin tuna and yellowfin tuna products. "(2) BAN ON IMPORTS OF OTHER FISH AND FISH PRODUCTS. — "(A) IN GENERAL. — I f— establishment with respect to that country of a ban on importation under paragraph (I)(B), certify and provide reasonable proof to the Secretary that the country has fully implemented the commitment described in subsection (a)(1) or has taken the necessary actions to remedy its failure to comply with the commitments described in subsection (a)(2), (3), and (4); and ''(ii) the Secretary does not, before the end of that 60-day period, certify to the President that the country has provided such certification and proof; the President shall direct the Secretary of the Treasury President. to ban the importation from that country of all articles (other than those subject to an importation ban under paragraph (I)(B)) that are classified under one or more of those fish and fish product categories that the President, subject to subparagraph (B), considers appropriate to carry out this paragraph. "(B) BAN CRITERIA.—The one or more fish and fish product categories to which the President imposes an import ban under subparagraph (A) with respect to a country must be a fish and fish product category or categories with respect to which the articles classified thereunder and imported from that country in the base year had an aggregate customs valuation equal to 40 percent of the aggregate customs valuation of all articles classified under £ul fish and fish product categories that were imported from that country during the base year. "(C) DEFINITION OF BASE YEAR. —For purposes of subparagraph (B), the term 'base year* means uie calendar year immediately occurring before the calendar year in which the import ban under subparagraph (A) commences with respect to the country. "(3) DURATION OF IMPORT BANS. —Bans on importation imposed under paragraphs (1) and (2) with respect to a country shall continue in effect until the Secretary determines that
 * (b) SUBSEQUENT BANS ON FISH AND FISH PRODUCT IMPORTS
 * (i) a country does not, within 60 days after the

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