PUBLIC LAW 103-189—DEC. 14, 1993 107 STAT. 2261 melons per year shall be entitled to apply for a refund that is based on the rate of assessment paid by domestic producers. "(B) The Secretary may adjust the quantity of the weight exemption specified in subparagraph (A) on the recommendation of the Board after an opportunity for public notice and opportunity for comment in accordance with section 553 of title 5, United States Code, and without regard to sections 556 and 557 of such title, to reflect significant changes in the 5-year average yield per acre of watermelons produced in the United States.". SEC. 8. EQUITABLE TREATMENT OF WATERMELON PLANS. (a) DEFINITIONS. —Section 1643 of the Watermelon Research and Promotion Act (7 U.S.C. 4902), as amended by section 3(a), is further amended— (1) in paragraph (3), by striking the semicolon at the end and inserting the following: "or imported into the United States."; (2) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respecti^^ely; and (3) by inserting after paragraph (5) the following new paragraphs: "(6) The term 'importer* means any person who imports watermelons into the United States. "(7) The term 'plan' means an order issued by the Secretary under this subtitle.. (b) ISSUANCE OF PLANS.— Section 1644 of such Act (7 U.S.C. 4903), as amended by section 3(b), is further amended— (1) in the nrst sentence, by striking "and handlers" and inserting ", handlers, and importers"; (2) by striking the second sentence; and (3) in the last sentence, by inserting "or imported into the United States" before the period. (c) NOTICE AND HEARINGS.—Section 1645(a) of such Act (7 U.S.C. 4904(a)) is amended— (1) in the first sentence, by striking "and handlers" and inserting ", handlers, and importers"; and (2) in the last sentence, by striking "or handlers" and inserting ", handlers, or importers". (d) MEMBERSHIP OF BOARD.—Section 1647(c) of such Act (7 U.S.C. 4906(c)), as amended by section 4, is further amended— (1) in the second sentence of paragraph (1), by striking "producer and handler members" and inserting "other members"; and (2) by adding at the end the following new paragraph: "(3)(A) If importers are subject to the plan, the Board shall also include 1 or more representatives of importers, who shall be appointed by the Secretary from nominations submitted by importers in such manner as may be prescribed by the Secretary. "(B) Importer representation on the Board shall be proportionate to the percentage of assessments paid by importers to the Board, except that at least 1 representative of importers shall serve on the Board. "(C) If importers are subject to the plan and fail to select nominees for appointment to the Board, the Secretary may appoint any importers as the representatives of importers. "(D) Not later than 5 years after the date that importers are subjected to the plan, and every 5 years thereafter, the Secretary
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