98-5880. Special Provisions for Canadian Fresh Fruit and Vegetable Imports Under the North American Free Trade Agreement

[Federal Register Volume 63, Number 45 (Monday, March 9, 1998)]
[Notices]
[Page 11404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5880]


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Federal Register / Vol. 63, No. 45 / Monday, March 9, 1998 / 
Notices

[[Page 11404]]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary


Special Provisions for Canadian Fresh Fruit and Vegetable Imports 
Under the North American Free Trade Agreement

AGENCY: Office of the Secretary, USDA.

ACTION: Notice of determination of existence of conditions necessary 
for imposition of temporary duty on cauliflower from Canada.

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SUMMARY: As required by section 301(a) of the United States-Canada 
Free-Trade Agreement Implementation Act of 1988, as amended by the 
North American Free Trade Agreement Implementation Act (``FTA 
Implementation Act''), this is a notification that the Secretary of 
Agriculture has determined that the necessary conditions exist with 
respect to United States acreage and import price criteria for 
cauliflower classifiable to subheadings 0704104000 of the Harmonized 
Tariff Schedule of the United States (HTS) imported from Canada to 
permit the Secretary to consider recommending to the President the 
imposition of a temporary duty (``snapback duty'') by the United States 
pursuant to section 301(a) of the FTA Implementation Act, implementing 
Article 702 of the United States-Canada Free-Trade Agreement, Special 
Provisions for Fresh Fruits and Vegetables, as incorporated by 
reference and made a part of the North American Free Trade Agreement 
(NAFTA) pursuant to Annex 702.1, paragraph 1 of NAFTA.

FOR FURTHER INFORMATION CONTACT: Howard Wetzel, Horticultural & 
Tropical Products Division, Foreign Agricultural Service, U.S. 
Department of Agriculture, Washington, DC 20250-1049 or telephone at 
[phone].

SUPPLEMENTARY INFORMATION: The FTA Implementation Act, in accordance 
with the NAFTA, authorizes the imposition of a temporary duty 
(snapback) for a limited group of fresh fruits and vegetables from 
Canada when certain conditions exist. Cauliflower, classified under 
subheadings 0704104000 of the HTS, is a good subject to the snapback 
duty provision.
    Under section 301(a) of the FTA Implementation Act, two conditions 
must exist before imposition by the United States of a snapback duty 
can be considered. First, the import price of a covered Canadian fruit 
or vegetable, for each of five consecutive working days, must be less 
than ninety percent of the corresponding five-year average monthly 
import price. This price for a particular day is the average import 
price of a Canadian fresh fruit or vegetable imported into the United 
States from Canada, for the calendar month in which that day occurs, in 
each of the 5 preceding years, excluding the years with the highest and 
lowest monthly averages.
    Second, the planted acreage in the United States for the like fruit 
or vegetable must be no higher than the average planted acreage over 
the preceding five years, excluding the years with the highest and 
lowest acreage.
    From October 27 to November 7, 1997, the price conditions with 
respect to cauliflower were met.
    The most recent revision of planted acreage for cauliflower shows 
that this year's planted acreage is below the planted acreage over the 
preceding five years, excluding the years with the highest and lowest 
planted acreages.

    Issued at Washington, D.C. the 27 day of February, 1998.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 98-5880 Filed 3-6-98; 8:45 am]
BILLING CODE 3410-10-M