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PUBLIC LAW 103-66—AUG. 10, 1993 107 STAT. 321 **(2) DETERMINATION OF EXPECTED YIELD.—For purposes of paragraph (1), the Secretary shall determine the expected yield for a crop of Burley tobacco or Flue-cured tobacco by taking into consideration— "(A) the total acreage planted to the crop (including acreage that the producers were prevented from planting because of a condition referred to in paragraph (1)); and ''(B) normal farm jdelds established for the crop. **(3) DEADUNE FOR DETERMINATIONS.—The Secretary shall make determinations under paragraph (1) about crop losses and announce the reduced percentage of the domestic tobacco pool not later than November 30 of the year in which the applicable crop of Burley tobacco or Flue-cured tobacco is har- vested.", (b) BUDGET DEFICIT ASSESSMENT.— (1) IN GENERAL.—Section 106 of the Agricultural Act of 1949 (7 U.S.C. 1445) is amended by adding at the end the following new subsection: "(hXD Effective only for each of the 1994 through 1998 crops of tobacco, an importer of tobacco that is produced outside the United States shall remit to the Commodity Credit Corporation a nonrefundable marketing assessment in an amount equal to the product obtained by multiplying— "(A) the number of poimds of tobacco that is imported by the importer; by "(B) the sum of—• "(i) the per pound marketing assessment imposed on purchasers of domestic Burley tobacco pursuant to sub- section (g); and "(ii) the per poimd marketing assessment imposed on purchasers of domestic Flue-cured tobacco pursuant to sub- section (g). "(2) An assessment imposed under this subsection shall be paid by the importer. "(3)(A) The importer shall remit the assessment at such time and in such manner as may be prescribed by the Secretary. "(B) If the importer fails to comply with subparagraph (A), the importer shall be liable, in addition, for a marketing penalty at a rate equal to 37.5 percent of the sum of the average market price (calculated to the nearest whole cent) of Flue-cured and Burley tobacco for the immediately preceding year on the quantity of tobacco as to which the failure occurs. "(C) This subsection shall be enforced in the same manner as subparagraphs (B) and (C) of paragraph (1), and paragraphs (2) and (3), of section 106A(h). "(4) Any penalty collected by the Secretary under this sub- section shall be deposited for use by the Commodity Credit Corpora- tion.". (2) IMPORTER ASSESSMENTS FOR NO NET COST TOBACCO FUND.—Section 106A of such Act (7 U.S.C. 1445-1) is amended— (A) in subsection (c), by inserting "and importers" after "purchasers"; (B) in subsection (dXlXA)— (i) by striking "and" at the end of clause (i); and (ii) by inserting after clause (ii) the following new clause: