Page:United States Statutes at Large Volume 107 Part 3.djvu/324

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107 STAT. 2262 PUBLIC LAW 103-189—DEC. 14, 1993 shall evaluate the average annual percentage of assessments paid by importers during the 3-year period preceding the date of the evaluation and adjust, to the extent practicable, the number of importer representatives on the Board.". (e) ASSESSMENTS. — Section 1647(g) of such Act (7 U.S.C. 4906(g)) is amended— (1) in paragraph (4)— (A) by striking "(4) assessments" and inserting "(4) Assessments"; and (B) by inserting "in the case of producers and handlers" after "such assessments"; and (2) by adding at the end the following new paragraph: "(5) If importers are subject to the plan, an assessment shall also be made on watermelons imported into the United States by the importers. The rate of assessment for importers ' who are subject to the plan shall be equal to the combined rate for producers and handlers.". (f) REFUNDS. — Paragraph (1) of section 1647(h) of such Act (7 U.S.C. 4906(h)), as amended by section 7, is further amended— (1) by inserting after "or handler" the first two places it appears the following: "(or importer who is subject to the plan)"; and (2) by striking "or handler" the last place it appears and inserting ", handler, or importer". (g) ASSESSMENT PROCEDURES.— Section 1649 of such Act (7 U.S.CJ. 4908) is amended— (1) in subsection (a)— (A) by inserting "(1)" after "(a)"; and (B) by adding at the end the following new paragraph: "(2)(A) If importers are subject to the plan, each importer required to pay assessments under the plan shall be responsible for payment of the assessment to the Board, as the Board may direct. "(B) The assessment on imported watermelons shall be equal to the combined rate for domestic producers and handlers and shall be paid by the importer to the Board at the time of the entry of the watermelons into the United States. "(C) Each importer required to pay assessments under the plan shall maintain a separate record that includes a record of— "(i) the total quantity of watermelons imported into the United States that are included under the terms of the plan; "(ii) the total quantity of watermelons that are exempt from the plan; and "(iii) such other information as may be prescribed by the Board. "(D) No more than 1 assessment shall be made on any imported watermelon."; (2) in subsection (b), by inserting "and importers" after "Handlers"; and (3) in subsection (c)(D, by inserting "or importers" after "handlers". (h) INVESTIGATIONS.—Section 1652(a) of such Act (7 U.S.C. 4911(a)) is amended— (1) in the first sentence, by striking "a handler or any other person" by inserting "a person"; (2) in the fourth sentence, by inserting "(or an importer who is subject to the plan)" after "a handler"; and