7 U.S.C. § 8737 — Special marketing loan provisions for upland cotton
submitted 18 years ago by Pub. L. 110-234 to r/title-7-AGRICULTURE · 850 words · no verdicts yet
This law creates two import quota programs for upland cotton to control prices. A "special import quota" kicks in when U.S. cotton prices stay above world prices for four weeks. A "limited global import quota" kicks in when domestic prices spike far above recent averages.
(a) Special import quota. (1) Definition. A "special import quota" is a quantity of imports that does not have to pay the higher over-quota tariff rate that normally applies once a tariff-rate quota is used up. (2) Establishment. (A) In general. From enactment through July 31, 2013, the President must run an import quota program as described in this subsection. (B) Program requirements. Whenever the Secretary finds that, over any four straight weeks, the average Friday-through-Thursday price for the cheapest U.S.-grown Middling 1 3/32-inch cotton, delivered to a major international market, is higher than the prevailing world market price, a special import quota takes effect right away. (3) Quantity. The quota equals one week's worth of cotton use by domestic mills, based on the seasonally adjusted average rate of the most recent three months of data. (4) Application. The quota covers upland cotton bought no later than 90 days after the Secretary's announcement, and brought into the United States no later than 180 days after that announcement. (5) Overlap. A special quota period can overlap an existing quota period if paragraph (2) requires it, but a special quota period cannot start if a quota period is already running under subsection (b). (6) Preferential tariff treatment. The quota amount counts as an "in-quota" quantity for purposes of certain listed customs law sections and the Harmonized Tariff Schedule. (7) Limitation. In any one marketing year, the total cotton brought into the United States under this special quota cannot exceed 10 weeks' worth of mill use, based on the three months right before the year's first special import quota.
(b) Limited global import quota for upland cotton. (1) Definitions. (A) "Supply" means, using the latest official government data: the leftover upland cotton at the start of the marketing year (converted to 480-pound bales), plus the current crop's production, plus imports up to the latest available date. (B) "Demand" means the average seasonally adjusted mill use rate over the most recent three months, plus whichever is larger — the average exports over the past six marketing years, or the actual exports plus pending export sales for the current year. (C) "Limited global import quota" means an import quantity that skips the higher over-quota tariff. (2) Program. The President must run an import quota program where, whenever the Secretary finds that the average price of base-quality upland cotton, in designated markets, for a month was more than 130 percent of the average price over the previous 36 months, a limited global import quota takes effect immediately, despite any other law, under these rules: (A) Quantity. The quota equals 21 days of domestic mill cotton use, based on the recent three-month seasonally adjusted average or the Secretary's estimate. (B) Quantity if prior quota. If a quota was already set under this subsection in the past 12 months, the next quota is whichever is smaller: the 21-day amount from (A), or the amount needed to raise supply to 130 percent of demand. (C) Preferential tariff treatment. This quota amount also counts as "in-quota" for the same customs law provisions. (D) Quota entry period. Cotton may enter under this quota for 90 days starting on the day the Secretary sets the quota. (3) No overlap. A quota period under this subsection cannot be set if it would overlap an existing quota period or a special quota period from subsection (a).
In this subsection, the term “special import quota” means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.
The President shall carry out an import quota program during the period beginning on the date of enactment of this Act through July 31, 2013, as provided in this subsection.
Whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 13⁄32-inch cotton, delivered to a definable and significant international market, as determined by the Secretary, exceeds the prevailing world market price, there shall immediately be in effect a special import quota.
The quota shall be equal to 1 week’s consumption of cotton by domestic mills at the seasonally adjusted average rate of the most recent 3 months for which data are available.
The quota shall apply to upland cotton purchased not later than 90 days after the date of the Secretary’s announcement under paragraph (2) and entered into the United States not later than 180 days after that date.
A special quota period may be established that overlaps any existing quota period if required by paragraph (2), except that a special quota period may not be established under this subsection if a quota period has been established under subsection (b).
The quantity under a special import quota shall be considered to be an in-quota quantity for purposes of—
General Note 3(a)(iv) to the Harmonized Tariff Schedule.
The quantity of cotton entered into the United States during any marketing year under the special import quota established under this subsection may not exceed the equivalent of 10 week’s consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the 3 months immediately preceding the first special import quota established in any marketing year.
In this subsection:
The term “supply” means, using the latest official data of the Bureau of the Census, the Department of Agriculture, and the Department of the Treasury—
the carry-over of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the quota is established;
production of the current crop; and
imports to the latest date available during the marketing year.
The term “demand” means—
the average seasonally adjusted annual rate of domestic mill consumption of cotton during the most recent 3 months for which data are available; and
the larger of—
average exports of upland cotton during the preceding 6 marketing years; or
cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established.
The term “limited global import quota” means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.
The President shall carry out an import quota program that provides that whenever the Secretary determines and announces that the average price of the base quality of upland cotton, as determined by the Secretary, in the designated spot markets for a month exceeded 130 percent of the average price of the quality of cotton in the markets for the preceding 36 months, notwithstanding any other provision of law, there shall immediately be in effect a limited global import quota subject to the following conditions:
The quantity of the quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which data are available or as estimated by the Secretary.
If a quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated under subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand.
The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of—
General Note 3(a)(iv) to the Harmonized Tariff Schedule.
When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary.
Notwithstanding paragraph (2), a quota period may not be established that overlaps an existing quota period or a special quota period established under subsection (a).
Source credit: (Pub. L. 110–234, title I, § 1207, May 22, 2008, 122 Stat. 960; Pub. L. 110–246, § 4(a), title I, § 1207, June 18, 2008, 122 Stat. 1664, 1689; Pub. L. 115–334, title I, § 1203(a), Dec. 20, 2018, 132 Stat. 4510.)
- 2008Enacted · Pub. L. 110-234 · 122 Stat. 960
- 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 1689
- 2018Amended · Pub. L. 115-334 · 132 Stat. 4510
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-234 on 2008-05-22.
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