AMS Establishes Red Raspberry Marketing Order; CBP to Begin Assessments on Sept 5
The Agricultural Marketing Service published a final rule establishing the Processed Raspberry Promotion, Research, and Information Order. Under the Order, producers of raspberries for processing and importers of processed raspberries will pay an assessment of up to one cent per pound ($0.022 / kg), with the initial assessment being one cent per pound, which will be paid to the National Processed Raspberry Council. This final rule is effective May 9, 2012, but collection of assessments and applicable reporting and recordkeeping will begin September 5, 2012.
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Producers and importers of less than 20,000 pounds annually of raspberries for processing and processed raspberries, as well as producers that produce only products that are eligible to be labeled as 100% organic under the National Organic Program, respectively, will be exempt from the assessment.
One Cent per Kilogram Assessment Rate on Imports; No Rate for Preserves Yet
The final rule says that the import assessment shall be uniformly applied to imported processed red raspberries that are identified by Harmonized Tariff Schedule numbers 0811.20.2025 (frozen processed red raspberries), 2007.99.65.10 (processed red raspberry paste), and 2009.80.60.55 (processed red raspberry juice, including concentrate) or any other numbers used to identify processed raspberries. Accordingly, says AMS, the assessment rates are as follows:
| HTS Number | Default Assessment Rate |
|---|---|
| 0811.20.20.25 | $0.022 / kg |
| 2007.99.65.10 | $0.022 / kg |
| 2009.80.60.55 | $0.1496 / liter |
AMS said that assessment collected for imported red raspberry preserves (HTS number 2008.99.20.20) will not begin until a conversion factor is developed.
Import Assessments Collected by CBP; Importers Must Keep Records
AMS said the import assessments will be collected by U.S. Customs and Border Protection at time of entry into the U.S. Importers will be required to keep records and to provide information to the Council or the Secretary of Agriculture when requested. However, AMS said that it does not anticipate that importers will be required to submit forms to the Council for assessment collection because CBP conducts recordkeeping and assessment remittance at the time of product entry into the U.S.
Organic-only Producers Exempt from Assessments
The amended regulations say a producer who produces raspberries for processing who operates under an approved National Organic Program (NOP) (7 CFR part 205) system plan, produces only products that are eligible to be labeled as 100 percent organic under the NOP, and is not a split operation shall be exempt from the payment of assessments.
(See ITT's Online Archives 11070305 for summary of AMS' announcement that a referendum on the red raspberry order was supported by 88% of respondents.
See also ITT's Online Archives 11072102 for ITC's addition of new tariff numbers to the HTS in order to separate red raspberry products from other fruit products to allow the collection of assessments for this order.)