§ 608e–1 — Import Prohibitions On Specified Foreign Produce

(a) this section or of any rule, regulation, or order promulgated hereunder shall be subject to a forfeiture in the amount prescribed in section 608a(5) of this title or, upon conviction, a penalty in the amount prescribed in section 608c(14) of this title, or to both such forfeiture and penalty. (1) The Secretary may provide for a period of time (not to exceed 35 days) in addition to the period of time covered by a marketing order during which the marketing order requirements would be in effect for a particular commodity during any year if the Secretary determines that such additional period of time is necessary— (A) to effectuate the purposes of this chapter; and (B) to prevent the circumvention of the grade, size, quality, or maturity standards of a seasonal marketing order applicable to a commodity produced in the United States by imports of such commodity. (2) In making the determination required by paragraph (1), the Secretary, through notice and comment procedures, shall consider— (A) to what extent, during the previous year, imports of a commodity that did not meet the requirements of a marketing order applicable to such commodity were marketed in the United States during the period that such marketing order requirements were in effect for available domestic commodities (or would have been marketed during such time if not for any additional period established by the Secretary); (B) if the importation into the United States of such commodity did, or was likely to, circumvent the grade, size, quality or maturity standards of a seasonal marketing order applicable to such commodity produced in the United States; and (C) the availability and price of commodities of the variety covered by the marketing order during any additional period the marketing order requirements are to be in effect. (3) An additional period established by the Secretary in accordance with this subsection shall be— (A) announced not later than 30 days before the date such additional period is to be in effect; and (B) reviewed by the Secretary on request, through notice and comment procedures, at least every 3 years in order to determine if the additional period is still needed to prevent circumvention of the seasonal marketing order by imported commodities. (4) For the purposes of carrying out this subsection, the Secretary is authorized to make such reasonable inspections as may be necessary. (c) Prior to any import prohibition or regulation under this section being made effective with respect to any commodity— (1) the Secretary of Agriculture shall notify the United States Trade Representative of such import prohibition or regulation; and (2) the United States Trade Representative shall advise the Secretary of Agriculture, within 60 days of the notification under paragraph (1), to ensure that the application of the grade, size, quality, and maturity provisions of the relevant marketing order, or comparable restrictions, to imports is not inconsistent with United States international obligations under any trade agreement, including the General Agreement on Tariffs and Trade. (d) The Secretary may proceed with the proposed prohibition or regulation if the Secretary receives the advice and concurrence of the United States Trade Representative within 60 days of the notification under subsection (c)(1).