(d) Fresh fruits provided for in items 146.10, 146.20, 146.30, 146.50 through 146.62, 146.90, 146.91, 147.03 through 147.44, 147.50 through 149.21 and 149.50 of the TSUS;

(e) Fresh cut flowers provided for in items 192.17, 192.18, and 192.21 of the TSUS; and

(f) Concentrated citrus fruit juice provided for in items 165.25, 165.29 and 165.36 of the TSUS.

§ 1540.22 Who may file request.

A request under this subpart may be filed by an entity, including a firm, or group or workers, trade association, or certified or recognized union which is representative of a domestic industry producing a perishable product like or directly competitive with a perishable product that such entity claims is being imported from Israel into the United States at a reduced duty or duty-free under the provisions of a trade agreement between the United States and Israel entered into under section 102(b)(1) of the Trade Act of 1974, as amended, in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to such domestic industry.

§ 1540.23 Contents of request.

A request for emergency action under section 404 of the Trade and Tariff Act of 1984 shall be submitted in duplicate to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington, DC 20250. Such request shall be supported by appropriate information and data and shall include to the extent possible:

(a) A description of the imported perishable product(s) allegedly causing, or threatening to cause, serious injury;

(b) Data showing that the perishable product allegedly causing, or threatening to cause, serious injury is being imported from Israel in increased quantities as compared with imports of the same product from Israel during a previous representative period of time (including a statement of why the period selected by the petitioner should be considered to be representative);

(c) Evidence of serious injury or threat thereof to the domestic industry substantially caused by the increased

quantities of imports of the product from Israel; and

(d) A statement indicating why emergency action would be warranted under section 404 (including all available evidence that the injury caused by the increased quantities of imports from Israel would be relieved by the withdrawal of the reduction of the duty or elimination of the duty-free treatment provided to the product under the trade agreement). A copy of the petition and the supporting evidence filed with the United States International Trade Commission under section 201 of the Trade Act of 1974, as amended, must be provided with the request for emergency action.

§ 1540.24 Determination of the Secretary of Agriculture.

If the Secretary of Agriculture has reason to believe that the perishable product(s) which is the subject of a petition under this subpart is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a perishable product like or directly competitive with the imported perishable product and that emergency action is warranted, the Secretary, within 14 days after the filing of the petition under § 1540.23 shall recommend to the President that the President take emergency action. If the Secretary determines not to recommend the imposition of emergency action, the Secretary, within 14 days after the filing of the petition, will publish in the FEDERAL REGISTER a notice of such determination and will so advise the petitioner.

§ 1540.25 Information.

Persons desiring information from the Department of Agriculture regarding the Department's implementation of section 404 of the Trade and Tariff Act of 1984 should address such inquiries to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington, DC 20250.

§ 1540.41 Definitions.

(a) Perishable product means:

(1) Live plants and fresh cut flowers provided for in chapter 6 of the Harmonized Tariff Schedule (HTS);

(2) Fresh or chilled vegetables provided in heading 0701 through 0709 (except subheading 0709.52.00) and heading 0714 of the HTS;

(3) Fresh fruit provided for in subheadings 0804.20 through 0810.90 (except citrons of subheadings 0805.90.00, tamarinds and kiwi fruit of subheading 0810.90.20, and cashew apples, mameyes colorados, sapodillas, soursops and sweetsops of subheading 0810.90.40) of the HTS; or

(4) Concentrated citrus fruit juice provided for in subheadings 2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, and 2009.30.60 of the HTS.

(b) Beneficiary country means any country listed in subsection 203(b)(1) of the Act with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of the Act.

§ 1540.42 Who may file request.

A request under this subpart may be filed by an entity, including a firm, or group of workers, trade association, or certified or recognized union which is representative of a domestic industry producing a perishable product like or directly competitive with a perishable product that such entity claims is being imported into the United States duty-free under the provisions of the Act from a beneficiary country(ies) in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to such domestic industry.

§ 1540.43 Contents of request.

(a) A request for emergency action under section 204(e) of the Act shall be submitted in duplicate to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington, DC 20250. Such request shall be supported by appropriate information and data and shall include to the extent possible:

(1) A description of the imported perishable product(s) allegedly causing, or threatening to cause, serious injury;

(2) The beneficiary country(ies) of origin of the allegedly injurious imports;

(3) Data showing that the perishable product allegedly causing, or threatening to cause, serious injury is being imported from the designated beneficiary country(ies) in increased quantities as compared with imports of the same product from the designated beneficiary country(ies) during a previous representative period of time (including a statement of why the period used should be considered to be representative);

(4) Evidence of serious injury or threat thereof to the domestic industry substantially caused by the increased quantities of imports of the product from the beneficiary country(ies); and

(5) A statement indicating why emergency action would be warranted under

section 204(e) of the Act (including all available evidence that the injury caused by the increased quantities of imports from the beneficiary country(ies) would be relieved by the suspension of duty-free treatment accorded under the Act).

(b) A copy of the petition and the supporting evidence filed with the United States International Trade Commission under Section 201 of the Trade Act of 1974, as amended, must be provided with the request for emergency action.

§ 1540.44 Submission of recommendations by the Secretary of Agri

culture.

If the Secretary has reason to believe that the perishable product(s) which is the subject of a petition under §1504.43 of this subpart is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a perishable product like or directly competitive with the imported perishable product and that emergency action is warranted, the Secretary, within 14 days after the filing of the petition under §1540.43 of this subpart, shall recommend to the President that the President take emergency action. If the Secretary determines not to recommend the imposition of emergency action, the Secretary within 14 days after the filing of the petition shall publish a notice of such determination and so advise the petitioner.

§ 1540.45 Information.

Persons desiring information from the Department of Agriculture regarding the Department's implementation of section 204(e) of the Act should address such inquiries to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington, DC 20250. Issued at Washington, DC this 19th day of March, 1993.

PART 1550-PROGRAMS TO HELP DEVELOP FOREIGN MARKETS FOR AGRICULTURAL COMMODITIES

Sec.

1550.1 Purpose and scope.

AUTHORITY: Sec. 601 of the Agricultural Act of 1954, as amended (7 U.S.C. 1761); Secs. 108(d)(2)(B) and 108(f) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1708); Sec. 4214(d) of the Agricultural Competitiveness and Trade Act of 1988 (7 U.S.C. 5234(d)); E.O. 12220, 45 FR 44245.

SOURCE: 54 FR 37784, Sept. 13, 1989, unless otherwise noted.

§ 1550.1 Purpose and scope.

(a) This part sets forth policies and requirements with respect to the conduct by the FAS of programs utilizing public or private entities in the United States to help develop foreign markets for United States agricultural commodities on a mutually benefiting basis. As far as practicable, FAS relies upon representatives of the private U.S. agricultural sector to carry out market development activities through cooperative agreements.

(b) These activities include entering into contracts pursuant to which FAS procures, for a stated consideration, property and services needed in developing markets for U.S. agricultural commodities.

(a) Agricultural commodities includes agricultural commodities and products thereof.

(b) Affiliate or affiliated organization means any partnership, association, company, corporation, trust, or any other legal entity in which the program participant has any investment other than an investment in any mutual fund.

(c) Cooperator means an entity entering into a Market Development Project Agreement.

(d) Export Incentive Program Agreements mean cooperative agreements between FAS and a private United States entity for the purpose of maintaining, expanding or creating foreign markets

for United States agricultural commodities through the promotion of brand-identified agricultural commod

ities.

(e) FAS means the Foreign Agricultural Service of the United States Department of Agriculture.

(f) Incentive payment means FAS reimbursement for eligible promotion costs incurred under the terms of an Export Incentive Program Agreement.

(g) Market Development Project Agreements mean cooperative agreements between FAS and United States agricultural trade associations or associations of State Departments of Agriculture for the purpose of maximizing sales in foreign markets of U.S. agricultural commodities. Activities to be undertaken are intended to promote specific commodities on a generic or brandidentified basis, or through programs which include both elements.

(h) Participant or program participant means any entity entering into an agreement within the scope of this part 1550.

(i) Project funds are funds made available by FAS to program participants. (j) Sales teams are teams engaged in activities intended to result in specific sales by team members.

(k) Trade teams are teams engaged in activities to promote the interests of the entire agricultural sector represented by the program participant.

§ 1550.3 Market Development Project Agreements.

(a) Eligible Organizations. In selecting trade and Agricultural groups as cooperators, representative nonprofit U.S. agricultural trade organizations will be used to the maximum extent possible. Organizations selected should represent the commodity being promoted on the broadest possible basis, with priority given to those which are industry-wide or nationwide in membership and scope. Cooperators must demonstrate an ability to provide U.S.based staff capable of developing, supervising, and carrying out projects overseas, and be willing and able to contribute resources to a joint project.

(b) Use of Third Parties. A Cooperator that enters into a Market Development Project Agreement may undertake market development activities directly

or through a third party provided that such Cooperator remains responsible for the activities of the third party.

(c) Contributions. Cooperators are expected to contribute funds or make inkind contributions towards completion of approved market development projects. Contributions by third parties will be accepted as partially satisfying the contribution obligation of the Cooperator.

(d) Project Funds. FAS will make funds available, up to the amount stated in the Market Development Project Agreement, to reimburse Cooperators for expenditures incurred in conducting activities authorized by the agreement and budgeted in a marketing plan approved in advance by FAS. Funds will be paid in United States dollars unless the Cooperator and FAS specifically agree that payment will be made in foreign currencies.

(e) Consideration of Projects. Market Development Project Agreements will be entered into by FAS only if it is determined that such agreements could contribute to the effective creation, expansion, or maintenance of foreign markets for U.S. agricultural commodities based on available supplies of those commodities for export and international market conditions. Marketing plans will be required from organizations selected to participate in Market Development Project Agreements and will serve as a basis for the expenditure of funds committed to Market Development Project Agreements. Marketing plans will be reviewed according to the following criteria:

(1) The market potential for the commodities covered in the markets identified for promotional effort and the identification of conditions affecting the level of U.S. exports which could be influenced by the projects proposed;

(2) The extent and complexity of activities proposed in relation to each Cooperator's prior export market development experience and U.S.-based staff resources;

(3) The likelihood of these activities influencing conditions affecting the level of U.S. exports.

(a) Eligible Organizations. Export Incentive Program (EIP) agreements will be entered into with private U.S. entities.

(b) Use of Third Parties. An entity that enters into an Export Incentive Program Agreement may undertake market development activities directly or through a third party provided such entity remains responsible for the activity.

(c) Reimbursement. After submission of a claim for an incentive payment, FAS will reimburse a percentage of eligible promotion costs defined in the Export Incentive Program Agreement, up to the amount stated in the Agreement, to carry out the purposes of the project. Such a claim will be submitted on a marketing year basis or at such other time as may be agreed by FAS. The amount of funds to be paid by FAS on each claim will be specified in the Agreement and will be based upon either a stated percentage of the promotional expenditures claimed, volume of exports over a stated period, or a combination of both. Funds will be paid in U.S. dollars only.

(d) Consideration of Projects. Export Incentive Program Agreements will be entered into by FAS only if it is determined that such agreements with private firms could contribute to the effective creation, expansion, or maintenance of foreign markets for the commodities concerned. Project proposals will be reviewed in relation to market conditions in the countries where activities are proposed, and in relation to the proposing firm's prior experience in exporting and in market promotion activites abroad, based upon the same criteria set forth in § 1550.3(e)(1)—(3).

§ 1550.5 Program participation and benefits.

(a) Scope. This section establishes requirements applicable only to participation in Market Development Project Agreements and any other agreement with FAS that specifically incorporates the provisions of this part.

(b) General. It is the policy of FAS to insure that the benefits generated by agreements are as broadly distributed throughout the relevant agricultural