Tariff-rate quotas on honey

(a) In general In any calendar quarter, the aggregate quantity of honey that may enter the United States at the rate of duty specified in column 1 of the HTS is 39,235,740 kilograms. (b) Country allocations (1) In general The aggregate quantity of honey originating in a country that may enter the United States at the rate of duty specified in column 1 of the HTS in a calendar quarter— (A) shall be determined based on the percentage of the total quantity of honey imported into the United States during the base period that originated in the country, rounded to the nearest 1/10 percent; and (B) may not exceed 25 percent of the quantity of honey permitted to enter the United States in that calendar quarter. (2) Subcategories (A) In general The aggregate quantity of honey determined for a country under paragraph (1) shall be subdivided into limitations on imports of the following categories, which shall be determined based on the percentage of imports of each such category from that country in 2020: (i) Certified organic honey. (ii) Comb honey and honey packaged for retail sale. (iii) Extra light amber or lighter honey. (iv) Light amber or darker honey. (B) Treatment of honey syrup Honey syrup entering the United States during a calendar quarter shall be counted against the limitation for extra light amber or lighter honey under subparagraph (A)(iii). (3) Publication of limitations The Commissioner of U.S. Customs and Border Protection shall publish on a publicly accessible website of U.S. Customs and Border Protection the limitations determined under paragraphs (1) and (2) for each country. (c) Requirement for export licenses Honey may not be imported into the United States from a country unless the exporter obtains a license from the customs authority of that country for the exportation of the honey to the United States that specifies the exporter's share of the aggregate quantity of honey originating in the country that may, under subsection (b)(1), enter the United States at the rate of duty specified in column 1 of the HTS in a calendar quarter. (d) Above-Quota duty rate (1) In general If, in a calendar quarter, honey enters the United States in a quantity that exceeds a limitation imposed under subsection (a) or (b), the quantity of honey in excess of that limitation shall be subject to a rate of duty determined under paragraph (2). (2) Determination of duty rate The rate of duty for honey entering the United States in excess of a limitation imposed under subsection (a) or (b) shall be the difference between the commercial landed value of the honey (as determined by the Secretary of Agriculture) and the average cost of production of honey in the United States. (e) Application of other duties Imports of honey, whether or not in excess of a limitation imposed under subsection (a) or (b), shall, in addition to any duties under this section, be subject to all duties applicable to the honey under any other provision of law, including antidumping or countervailing duties under title VII of the Tariff Act of 1930 (19 U.S.C. 1677 et seq.). (f) Definitions In this section: (1) Base period The term base period means the period beginning January 1, 2018, and ending December 31, 2023. (2) Calendar quarter The term calendar quarter means each of the following 3-month periods in a calendar year: (A) The period beginning on January 1 and ending on March 31. (B) The period beginning on April 1 and ending on June 30. (C) The period beginning on July 1 and ending on September 30. (D) The period beginning on October 1 and ending on December 31. (3) Certified organic honey The term certified organic honey means honey classified under statistical reporting number 0409.00.0005 of the HTS. (4) Comb honey and honey packaged for retail sale The term comb honey and honey packaged for retail sale means honey classified under statistical reporting number 0409.00.0010 of the HTS. (5) Commercial landed value The term commercial landed value, with respect to honey— (A) means the value of the honey, as appraised under section 402 of the Tariff Act of 1930 (19 U.S.C. 1401a); and (B) includes— (i) the price actually paid or payable for the honey when sold for exportation to the United States; and (ii) if not included in the price described in clause (i)— (I) all duties imposed by the United States with respect to the honey, including antidumping and countervailing duties under title VII of the Tariff Act of 1930 (19 U.S.C. 1677 et seq.); and (II) freight, insurance, and other charges incurred in transporting the honey to the United States. (6) Extra light amber or lighter honey The term extra light amber or lighter honey means honey classified under statistical reporting number 0409.00.0035 or 0409.00.0045 of the HTS. (7) Honey (A) In general The term honey means— (i) all honey classified under heading 0409 of the HTS; and (ii) sugar syrups containing honey classified under subheading 2106.90.99 of the HTS. (B) Determination of weight In determining the weight of a syrup described in subparagraph (A)(ii) for purposes of this section, the full weight of the syrup shall be used. (8) Honey syrup (A) In general The term honey syrup means any mixture of honey and other sugars or sweeteners classified under subheading 2106.90.99 of the HTS. (B) Determination of weight In determining the weight of a syrup described in subparagraph (A) for purposes of this section, the full weight of the syrup shall be used. (9) HTS The term HTS means the Harmonized Tariff Schedule of the United States. (10) Light amber or darker honey The term light amber or darker honey means honey classified under statistical reporting number 0409.00.0056 or 0409.00.0065 of the HTS.