article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Trade in Grain Act of 1993''. SEC. 2. MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN GRAIN AFTER IMPORTATION. (a) Definitions.--As used in this section: (1) Entry.--The term ``entry'' means the entry into, or the withdrawal from warehouse for consumption in, the customs territory of the United States. (2) Foreign grain.--The term ``foreign grain'' means any of the following, if a product of any foreign country or instrumentality: (A) Wheat provided for in heading 1001 of the Harmonized Tariff Schedule of the United States. (B) Barley provided for in heading 1003.00 of such Schedule. (C) Oats provided for in heading 1004.00.00 of such Schedule. (b) Certification Requirements Regarding Foreign Grain.-- (1) End-use certificate.--An end-use certificate that meets the requirements of subsection (c) shall be included in the documentation covering the entry of any foreign grain. (2) Quarterly reports.--A consignee of imported foreign grain shall submit to the Secretary of Agriculture a quarterly report that certifies-- (A) what percentage of the foreign grain covered by an end-use certificate was used by the consignee during the quarter; and (B) that the grain referred to in paragraph (1) was used by the consignee for the purpose stated in the end-use certificate. (c) End-Use Certificate and Quarterly Report Content.--The end-use certificates and quarterly reports required under subsection (b) shall be in such form, and require such information, as the Secretary of Agriculture considers necessary or appropriate to carry out the purposes of this section, including-- (1) in the case of the end-use certificate-- (A) the name and address of the importer of record of the foreign grain covered by the certificate; (B) the name and address of the consignee of the grain; (C) the identification of the country of origin of the grain; (D) a description by class and quantity of the grain; (E) a specification of the purpose for which the consignee will use the grain; and (F) the identification of the transporter of the grain from the port of entry to the processing facility of the consignee; and (2) in the case of the quarterly report-- (A) the information referred to in subparagraphs (A) and (B) of paragraph (1); (B) the identification of the end-use certificates currently held by the consignee; (C) a statement of the quantity of the foreign grain covered by each of the end-use certificates identified under subparagraph (B) that was used during the quarter; (D) a statement of the use made during the quarter by the consignee of each quantity referred to in subparagraph (C); and (E) a statement of the quantity of wheat, barley, and oats that have been exported by the consignee during the quarter. (d) Regulations.--The Secretary of Agriculture shall prescribe such requirements regarding the preparation and submission of the quarterly reports required under subsection (b)(2) as may be necessary or appropriate to carry out this section. (e) Penalties.-- (1) Customs penalties.--End-use certificates required under this section shall be treated as any other customs documentation for purposes of applying the customs laws that prohibit the entry, or the attempt to enter, merchandise by fraud, gross negligence, or negligence. (2) Civil penalties.--Any person who knowingly violates any requirement prescribed by the Secretary of Agriculture to carry out this section is punishable by a civil penalty in an amount not to exceed $10,000. (f) Entry Prohibited Unless End-Use Certificate Presented.--The Commissioner of Customs may not permit the entry of foreign grain unless the importer of record presents at the time of entry of the grain an end-use certificate that complies with the applicable requirements of subsection (c). SEC. 3. USE OF EXPORT ENHANCEMENT PROGRAM TO PROMOTE WHEAT EXPORTS TO MEXICO. Section 301(b) of the Agricultural Trade Act of 1978 (7 U.S.C. 5651(b)) is amended by adding at the end the following new paragraph: ``(9) Promotion of wheat exports to mexico.--In carrying out the program established under this section, the Secretary shall provide agricultural commodities or cash payments, or both, to promote the export of wheat to Mexico.''. SEC. 4. INITIATION OF INVESTIGATION WITH RESPECT TO CANADIAN WHEAT SUBSIDIES. Not later than 30 days after the date of the enactment of this Act, the administering authority shall initiate a countervailing duty investigation and an antidumping duty investigation under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to the subsidies provided by Canada in connection with the exportation of wheat to the United States.
summary: Fair Trade in Grain Act of 1993 - Requires a consignee of imported foreign grain to: (1) include an end-use certificate in the documentation covering the entry of such grain; and (2) submit to the Secretary of Agriculture certain quarterly reports regarding the use of such grain. Sets forth civil penalties. Prohibits the Commissioner of Customs from permitting the entry of such grain unless the importer of record presents such certificate at the time of entry. Amends the Agricultural Trade Act of 1978 to require the Secretary to provide agricultural commodities or cash payments, or both, to promote U.S. wheat exports to Mexico. Directs the administering authority to initiate a countervailing duty and antidumping duty investigation with respect to Canadian subsidies for wheat exported to the United States.