Page:United States Statutes at Large Volume 114 Part 2.djvu/901

 PUBLIC LAW 106-387—APPENDIX 114 STAT. 1549A-87 (A) will ensure that the costs incurred by the Board in administering the order in any fiscal year shall not exceed 10 percent of the projected level of assessments to be collected by the Board for that fiscal year; and (B) cover the minimum administrative activities and personnel needed to properly administer and enforce the order, and conduct, supervise, and evaluate plans and projects under the order. (2) USE OF EXISTING PERSONNEL AND FACILITIES. —The Board shall use, to the extent possible, the resources, staffs, and facilities of existing organizations, as provided in subsection (e)(1)(A). (h) ASSESSMENTS. — (1) AUTHORITY.— (A) IN GENERAL.— The order shall provide that each first handler shall remit to the Board, in the manner provided in the order, an assessment collected from the producer, except to the extent that the sale is excluded from assessments under paragraph (6). In the case of imports, the assessment shall be levied upon imports and remitted to the Board by Customs. (B) PUBLISHED LISTS.—To facilitate the payment of assessments under this paragraph, the Board shall publish lists of first handlers required to remit assessments under the order and exempt handlers. (C) MAKING DETERMINATIONS. — (i) FIRST HANDLER STATUS.— The order shall contain provisions regarding the determination of the status of a person as a first handler or exempt handler. (ii) PRODUCER-HANDLERS. — For purposes of paragraph (3), a producer-handler shall be considered the first handler of those Hass avocados that are produced by that producer-handler and packed by that producerhandler for sale at wholesale or retail. (iii) IMPORTERS.—The assessment on imported Hass avocados shall be paid by the importer to Customs at the time of entry into the United States and shall be remitted by Customs to the Board. Importation occurs when Hass avocados originating outside the United States are released from custody of Customs and introduced into the stream of commerce within the United States. Importers include persons who hold title to foreign-produced Hass avocados immediately upon release by Customs, as well as any persons who act on behalf of others, as agents, brokers, or consignees, to secure the release of Hass avocados from Customs and the introduction of the released Hass avocados into the current of commerce. (2) ASSESSMENT RATES.—With respect to assessment rates, the order shall contain the following terms: (A) INITIAL RATE. — The rate of assessment on Hass avocados shall be $.025 per pound on fresh avocados or the equivalent rate for processed avocados on which an assessment has not been paid. (B) CHANGES IN THE RATE.— (i) IN GENERAL.— Once the order in is effect, the uniform assessment rate may be increased or decreased

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