7 U.S.C. § 5676 — Limitation on use of certain export promotion programs
submitted 36 years ago by Pub. L. 95-501 to r/title-7-AGRICULTURE · 368 words · no verdicts yet
This section limits certain export-program participation when drawback refunds are involved. It also requires certifications.
(a) The Secretary* may make a person ineligible for a Food for Peace Act export program or another listed Corporation export, credit, guarantee, bonus, or similar program for an agricultural commodity* or product used or to be used to claim a duty, tax, or fee refund as a drawback under section 1313(j)(2) of title 19. (b) A person is ineligible for those programs for vegetable oil or a vegetable-oil product used or to be used for a drawback claim under section 1313. (c) If the Secretary acts under (a), an applicant must certify that none of the commodity will be used for such a refund claim. Whether or not the Secretary acts, an applicant for vegetable oil or a vegetable-oil product must make the equivalent certification under (b). (d) The Secretary must issue regulations. (e) This does not apply to quantities covered by an export-sale contract made before November 28, 1990.
The Secretary* may provide that a person shall be ineligible for participation in an export program established under title I of the Food for Peace Act [7 U.S.C. 1701 et seq.], or in any other export credit, credit guarantee, bonus, or other export program carried out through, or administered by, the Commodity Credit Corporation or carried out with funds made available pursuant to section 612c of this title with respect to the export of any agricultural commodity* or product that has been or will be used as the basis for a claim of a refund, as drawback, pursuant to section 1313(j)(2) of title 19, of any duty, tax, or fee imposed under Federal law on an imported commodity or product.
A person shall be ineligible for participation in any of the export programs referred to in subsection (a) with respect to the export of vegetable oil or a vegetable oil product that has been or will be used as the basis for a claim of a refund, as a drawback, pursuant to section 1313 of title 19, of any duty, tax, or fee imposed under Federal law on an imported commodity or product.
If the Secretary takes action under the authority granted under subsection (a), a person applying to export any agricultural commodity under the export programs referred to in subsection (a) shall certify that none of the commodity has been or will be used as the basis of a claim for any refund specified in subsection (a), except that regardless of whether the Secretary takes action under the authority granted under subsection (a), a person applying to export any vegetable oil or vegetable oil product under such programs shall certify that none of the vegetable oil or vegetable oil product has been or will be used as the basis of a claim for any refund specified in subsection (b).
The Secretary shall promulgate regulations to carry out this section.
This section shall not apply to quantities of agricultural commodities and products with respect to which an exporter has entered into a contract, prior to November 28, 1990, for an export sale.
Source credit: (Pub. L. 95–501, title IV, § 416, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3685; amended Pub. L. 102–237, title III, § 313, Dec. 13, 1991, 105 Stat. 1856; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(K), June 18, 2008, 122 Stat. 1820.)
- 1990Enacted · Pub. L. 95-501 · 104 Stat. 3685
- 1991Amended · Pub. L. 102-237 · 105 Stat. 1856
- 2008Amended · Pub. L. 110-246 · 122 Stat. 1820
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-501 on 1990-11-28.
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