Page:United States Statutes at Large Volume 107 Part 3.djvu/173

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PUBLIC LAW 103-182—DEC. 8, 1993 107 STAT. 2111 (f) END-USE CERTIFICATES.— (1) IN GENERAI^.— The Secretary of Agriculture (referred to in this subsection as the "Secretary") shall implement, in coordination with the Commissioner of Customs, a program requiring that end-use certificates be included in the documentation covering the entry into, or the withdrawal from a warehouse for consumption in, the customs territory of the United States— (A) of any wheat that is a product of any foreign country or instrumentality that requires, as of the effective date of this subsection, end-use certificates for imports of wheat that is a product of the United States (referred to in this subsection as 'United States-produced wheat"); and (B) of any barley that is a product of any foreign country or instnmientality that requires, as of the effective date of this subsection, end-use certificates for imports of barley that is a product of the United States (referred to in this subsection as 'United States-produced barley"). (2) REGULATIONS.—The Secretary shall prescribe by regulation such requirements regarding the information to be included in end-use certificates as may be necessary and appropriate to carry out this subsection. (3) PRODUCER PROTECTION DETERMINATION.— At any time after the effective date of the requirements established under paragraph (1), the Secretary may, subject to paragraph (5), suspend the requirements when making a determination, after consultation with domestic producers, that the program implemented under this subsection has directly resulted in— (A) the reduction of income to the United States producers of agricultural commodities; or (B) the reduction of the competitiveness of United States agricultural commodities in the world export markets. (4) SUSPENSION OF REQUIREMENTS.— (A) WHEAT.—If a foreign country or instrumentality that requires end-use certificates for imports of United States-produced wheat as of the effective date of the requirement under paragraph (I)(A) eliminates the requirement, the Secretary shall suspend the requirement under paragraph (I)(A) beginning 30 calendar days after suspension by the foreign country or instrumentality. (B) BARLE\\—If a foreign country or instrumentality that requires end-use certificates for imports of United States-producedi barley as of the effective date of the requirement under paragraph (I)(B) eliminates the requirement, the Secretary shall suspend the requirement under paragraph (I)(B) beginning 30 calendar days after suspension by the foreign country or instnmientality. (5) REPORT TO CONGRESS. — The Secretary shall not suspend the requirements established under paragraph (1) under circumstances identified in paragraph (3) before the Secretary submits a report to Congress detailing the determination made under paragraph (3) and the reasons for making the determination. (6) COMPLIANCE.— I t shall be a violation of section 1001 of title 18, United States Code, for a person to engage in