The funds to cover the Council's expenses shall be paid from assessments on producers and importers at a rate not to exceed one cent per pound; the initial rate is one cent per pound, donations from any person not subject to assessments under this Order, and other funds available to the Council including those collected pursuant to § 1208.56 and subject to the limitations contained therein.

The collection of assessments on domestic processed raspberries will be the responsibility of the first handler receiving the raspberries for processing. In the case of the producer acting as its own first handler, the producer will be required to collect and remit its individual assessments. The rate of assessments shall be prescribed in regulations issued by the Secretary.

The Council may recommend to the Secretary an increase or decrease to the assessment rate. Such an increase or decrease may occur not more than once annually. Any change in the assessment rate shall be subject to rulemaking by the Department.

Each importer of processed raspberries shall pay an assessment to the Council on processed raspberries imported for marketing in the United States, through Customs. If Customs does not collect an assessment from an importer, the importer would be responsible for paying the assessment directly to the Council. The assessment rate for imported processed raspberries shall not exceed one cent per pound, with the initial rate being one cent per pound.

The assessment rate for imported processed raspberries shall be the same or equivalent to the rate for processed raspberries produced in the United States.

The import assessment shall be uniformly applied to imported processed red raspberries that are identified by the numbers 0811.20.2025, 2007.99.65.10, and 2009.80.60.55 in the Harmonized Tariff Schedule of the United States or any other numbers used to identify processed raspberries. Processed raspberries entering the United States under HTS code 2007.99.65.10 will be initially assessed using a 1:1 ratio to HTS code 0811.20.2025. Processed raspberries entering the United States under HTS code 2009.80.60.55 will be assessed using a 6.8:1 ratio to HTS code 0811.20.2025. Assessments and conversion ratios on other types of processed raspberries may be added at the recommendation of the Council subject to the approval of the Secretary.

Each importer of processed raspberries shall pay through Customs to the Council an assessment on processed raspberries imported into the United States as described in section 804(a) of Title VIII of the Tariff Act of 1930, as amended (19 U.S.C. 1202-1683g), provided that it can be categorized in the HTS numbers listed in paragraph (d)(2) of this section.

Imported processed raspberries covered under the program will have a quantity associated with it in either kilograms or liters. The factor used to convert one pound to kilograms is .45359237. The factor used to convert one pound to liters is .45359237 liters of water weight. Therefore, the assessment rate for imported processed raspberries will be $.022 per kilogram/liter.

Table I, Processed Raspberry Products Assessment Table, contains the applicable HTS classification numbers of processed red raspberries, processed red raspberry paste and puree, and processed red raspberry juice and juice concentrate, and assessment rates in dollars per kilograms and dollars per liter. Accordingly, the assessment rate per kilogram/liter is as follows.

In the event that any HTS classification number is changed, replaced by another number, or added, and still falls within the definition of processed raspberries as defined in § 1208.17, assessments will be collected based on the HTS classification number.

All assessment payments will be submitted to the office of the Council. All final payments for a crop year are to be received no later than October 31 of that year for producers of processed raspberries within the United States. A late payment charge shall be imposed on any handler or importer who fails to remit to the Council, the total amount for which any such first handler or importer is liable on or before the due date established by the Council. In addition to the late payment charge, an interest charge shall be imposed on the outstanding amount for which the first handler or importer is liable. The rate of interest shall be prescribed in regulations issued by the Secretary.

Persons failing to remit total assessments due in a timely manner may also be subject to actions under federal debt collection procedures.

The Council may authorize other organizations to collect assessments on its behalf with the approval of the Secretary.

Council may provide credits of assessments for those persons who contribute to local, regional, or State organizations engaged in similar generic research, promotion, and information programs as partial fulfillment of assessment due to the Council subject to approval of the Secretary, for expenditure on generic research, promotion and information programs conducted within the United States.

No credit will be given for funds expended for administrative purposes.

No credit shall be given for research, promotion, and information program activity conducted outside of the United States.

The aggregate credit allowable in any one year shall be limited to an amount determined by the Council subject to the approval of the secretary, and shall be equal to not more than the determined percentage rate of the total assessments paid by any individual in a year to any State, regional, or local program.

Credit shall only be given for generic research, promotion, and information program activities.

Credit of assessment may be obtained only by following the procedures prescribed in this section and any regulations recommended by the Council and prescribed by the Secretary. An individual owing assessments shall make a written request to the Council and the request shall contain the assessment paying individual's signature and shall show:

The name and address of the assessment paying individual;

The name and address of the person who collected the assessment;

The quantity of processed raspberries on which a credit is requested;

The total amount of credit requested;

The date or dates on which the assessments were paid;

A certification that the assessment was not collected from another producer or documentation of assessments collected from local, State, or regional organizations; and

The individual's signature or properly witnessed mark.

The evidence of payment as required under § 1208.61, or a copy thereof, or such other evidence deemed necessary to the Council shall accompany the individual's credit of assessment request.