The following definitions shall be applicable to this part:
(a) Administrator means the Administrator of the Foreign Agricultural Service, United States Department of Agriculture.
(b) Average Monthly Import Price means the average unit value for all shipments of a particular Canadian fresh fruit or vegetable imported into the United States from Canada during a particular calendar month based on official data from the U.S. Customs Service and/or the Bureau of Census, and shall be calculated by dividing the total value of the fresh fruit or vegetable imported in that month by the total quantity of the fresh fruit or vegetable imported in that month.
(c) Average Planted Acreage means the average of the annual planted acreage in the U.S. for a particular fresh fruit or vegetable for the preceding five years excluding the years with the highest and lowest acreages based on available data from agencies within the United States Department of Agriculture and data from appropriate state agencies, as required.
(d) Canadian fresh fruit or vegetable means a fresh fruit or vegetable that is a product of Canada as determined in accordance with the rules of origin set forth in section 202 of the U.S.-Canada Free-Trade Agreement Implementation Act of 1988.
(e) Corresponding Five-Year Average Monthly Import Price for a particular day means the average import price of a Canadian fresh fruit or vegetable imported into the United States from Canada, for the calendar month in which that day occurs, for that month in each of the preceding 5 years, excluding the years with the highest and lowest monthly averages.
(f) F.O.B. Point of Shipment Price in Canada means the daily average of prices of a particular Canadian fresh fruit or vegetable imported into the United States from Canada that are reported to the U.S. Customs Service at the U.S. border as part of the official documentation accompanying such shipments less freight costs where applicable.
(g) Fresh Fruit or Vegetable means a fruit or vegetable determined in accordance with § 1560.3 within one of the HS headings.
(h) HS heading means any of the following tariff headings of the Harmonized System (HS) as modified by the description for each heading:
| HS tariff heading
| Description
|
|---|
| 07.01 | Potatoes, fresh or chilled.
|
| 07.02 | Tomatoes, fresh or chilled.
|
| 07.03 | Onions, shallots, garlic, leeks, and other alliaceous vegetables, fresh or chilled.
|
| 07.04 | Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled.
|
| 07.05 | Lettuce (lactica sativa) and chicory (cichorium spp.), fresh or chilled.
|
| 07.06 | Carrots, salad beets or beetroot, salsify, celeriac, radishes and similar edible roots (excluding turnips), fresh or chilled.
|
| 07.07 | Cucumbers and gherkins, fresh or chilled.
|
| 07.08 | Leguminous vegetables, shelled or unshelled, fresh or chilled.
|
| 07.09 | Other vegetables (excluding truffles), fresh or chilled.
|
| 08.06.10 | Grapes, fresh.
|
| 08.08.20 | Pears and quinces, fresh.
|
| 08.09 | Apricots, cherries, peaches (including nectarines), plums and sloes, fresh.
|
| 08.10 | Other fruit (excluding cranberries and blueberries), fresh. |
(i) Import Price means the unit value based on data available from the U.S. Customs Service of a particular Canadian fresh fruit or vegetable imported into the U.S. from Canada taking into account any other relevant data, as necessary.
(j) Secretary means the Secretary of Agriculture.
(k) United States means the United States Customs Territory which includes the fifty states, the District of Columbia and Puerto Rico.
(l) Wine Grape means grapes of labrusca, vinifera or hybrid vinifera varieties used for making wine.
(m) Working Day means a day which falls on a Monday through Friday, excluding holidays observed by the United States Government and days in which the U.S. Customs Service is not operating.