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107 STAT. 318 PUBLIC LAW 103-66—AUG. 10, 1993 Business and industry. Exports and imports. 7 u s e 1314i. SEC. 1106. TOBACCO PROGRAM. (a) DOMESTIC MARKETING ASSESSMENT.—^Part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) is amended by adding at the end the following new section: •^EC. 320C. DOMESTIC MARKETING ASSESSMENT. "(a) CERTIFICATION.—A domestic manufacturer of cigarettes shall certify to the Secretary, for each calendar year, the percentage of the quantity of tobacco used by the maniifacturer to produce cigarettes during the year that is produced in the United States. "(b) PENALTIES.— "(1) IN GENERAL.—Subject to subsection (f), a domestic manufacturer of cigarettes that has failed, as determined by the Secretary after notice and opportunity for a hearing, to use in the manufacture of cigarettes during a calendar year a quantity of tobacco grown in the United States that is at least 75 percent of the total quantity of tobacco used by the manufacturer, or to comply with subsection (a), shall be subject to the requirements of subsections (c), (d), and (e). "(2) FAILURE TO CERTIFY.—For purposes of this section, if a manufacturer fails to comply with subsection (a), the manu- facturer shall be presumed to have used only imported tobacco in the manufacture of cigarettes produced by the manufacturer. "(3) REPORTS AND RECORDS.— "(A) IN GENERAL.—^The Secretary shall require manu- facturers of domestic cigarettes to make such reports and maintain such records as are necessary to carry out this section. If the reports £ind records are insufiicient, the Secretary may request other persons to provide supple- mental information. "(B) EXAMINATIONS.—^For the purpose of ascertaining the correctness of any report or record required under this section, or of obtaining further information required under this section, the Secretary and the Office of Inspector General may examine such records, books, and other mate- rials as the Secretary has reason to believe may be relevant. In the case of a manufacturer of domestic cigarettes, the Secretary may charge a fee to the manufacturer to cover the reasonable costs of any such examination. "(C) PENALTIES.—^Any person who fails to provide information required under this paragraph or who provides false information under this paragraph shall be subject to section 1001 of title 18, United States Code. "(D) CONFIDENTIALITY.—Section 320A(c) shall apply to information submitted by manufacturers of domestic ciga- rettes and other persons under this paragraph. "(E) DISCLOSURE.—Notwithstanding any other provi- sion of law, information on the percentage or quantity of domestic or imported tobacco in cigarettes or on the voliune of cigarette production that is submitted under this section shall be exempt from disclosure under section 552 of title 5, United States Code. "(c) DOMESTIC MARKETING ASSESSMENT.— "(1) IN GENERAL.—^A domestic manufacturer of cigarettes described in subsection (b) shall remit to the Commodity Credit