AMS Announces Vote on Order & Tax for Processed Red Raspberry Imports, Etc.

Assessment Would Apply to Imported Processed Red Raspberries/Products

AMS sources state that the assessment would apply to imported processed red raspberries identified by Harmonized Tariff Schedule (HTS) number 0811.20.2025 and any of the following HTS numbers which took effect July 1, 2010: red raspberry juice and juice concentrate under 2009.80.60.55; processed red raspberry pastes and purees under 2007.99.65.10; and red raspberry preserves under 2008.99.20.20. However, AMS states that assessments for imported red raspberry preserves will not begin until a conversion factor is developed.

Referendum to Determine if Eligible Importers/Producers Favor Order

AMS is conducting an initial referendum to ascertain whether the eligible persons to be covered by and assessed under the proposed Order favor the implementation of the program prior to it going into effect. The proposed Order would be implemented if it is approved by a majority of producers and importers voting in the referendum.

To be eligible to vote, importers must have imported 20,000 pounds of processed red raspberries and producers must have produced 20,000 pounds of red raspberries for processing during the period from January 1, 2010 through December 31, 2010.

Ballots Must Be Received by June 24

Ballots will be mailed to all known producers of red raspberries for processing and importers of processed red raspberries, on or before June 1, 2011. Ballots must be received by the referendum agent (AMS contact party listed below) no later than the close of business 4:30 pm (Eastern Time) on June 24, 2011.

Initial Assessment Would Be One Cent per Pound for Importers, Processors

Under the proposed Order, producers of red raspberries for processing and importers of processed red raspberries would pay an assessment of up to one cent per pound, with the initial assessment rate being one cent per pound, which would be paid to the proposed National Processed Raspberry Council (Council).

Small Volumes & Organic Processed Red Raspberries Would Be Exempt

Producers and importers of less than 20,000 pounds annually of red raspberries for processing and processed red raspberries would be exempt from the assessment. AMS sources confirm that organic red raspberries for processing and organic processed red raspberries would be exempt, as organic products are generally excluded from such order assessments.

Fee on Imported Processed Raspberries Would be Collected at Time of Entry

The fee on imports of processed red raspberries would be collected by U.S. Customs and Border Protection and paid at the time of entry or withdrawal for consumption in the U.S. However, if CBP did not collect the fee from an importer, the importer would be responsible for paying it directly to the Council.

¹Under the proposed order, raspberries mean and include all kinds, varieties, and hybrids of cultivated raspberries of the genus "Rubus" grown in or imported into the U.S. and processed raspberries means raspberries which have been frozen, dried, pureed, made into juice, or delivered in any other form altered by mechanical processes other than fresh. AMS sources confirm that while these definitions do not specifically mention red raspberries, the order and assessment are only directed at red raspberries for processing and red processed raspberries classifiable under the above HTS numbers.

(See ITT’s Online Archives or 02/08/10 news, 10020840, for BP summary of AMS’s proposed rule, announced referendum, and final rule establishing referendum procedures.

See ITT’s Online Archives or 03/22/10 news, 10032299 #12, for AMS’ subsequent delay of the referendum vote.

See ITT’s Online Archives or 04/10/09 news, 09041099, for BP summary of AMS’ original proposed rule on the Order which was subsequently replaced by the February 2010 proposed rule.)

AMS press release, dated 05/05/11, available here.

AMS contact -- Kimberly Coy (202) 720--9915,

(FR Pub 05/05/11, D/N AMS--FV--07--0077)