Imposition of duties during period of water delivery shortfalls

(a) In general The United States Trade Representative, in consultation with the Secretary of State, the Secretary of Agriculture, and the United States Commissioner of the International Boundary and Water Commission, shall impose duties with respect to imports of goods from Mexico during the period— (1) beginning on the date that is 90 days after a determination is made under section 3(a) that Mexico is in a water delivery shortfall for a year; and (2) ending on the date that is 30 days after the Secretary of State, in consultation with the Secretary of Agriculture, the United States Trade Representative, and the United States Commissioner of the International Boundary and Water Commission, determines and certifies to Congress that Mexico has remedied the water delivery shortfalls for all preceding years. (b) Goods subject to duties The United States Trade Representative shall determine the goods imported from Mexico to be subject to duties under subsection (a), prioritizing the imposition of such duties with respect to— (1) agricultural products or other goods for which such duties are likely to have a significant economic impact on Mexico; and (2) goods produced in areas that use water from— (A) the Rio Grande River; or (B) tributaries that should flow to the Rio Grande River. (c) Increased duties for shortfall carryovers If Mexico is in a water delivery shortfall for a second or subsequent consecutive year, the United States Trade Representative shall increase the duties imposed with respect to imports of goods from Mexico, by— (1) increasing the rates of duty applicable to such goods; or (2) expanding the categories of goods to which such duties apply.