7 USC 7236 - Special marketing loan provisions for upland cotton

U.S Code last checked for updates: May 06, 2024

§ 7236.

Special marketing loan provisions for upland cotton

(a)

Cotton user marketing certificates

(1)

Issuance

During the period ending July 31, 2003, the Secretary shall issue marketing certificates or cash payments, at the option of the recipient, to domestic users and exporters for documented purchases by domestic users and sales for export by exporters made in the week following a consecutive 4-week period in which—

(A)

the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 1³⁄₃₂-inch cotton, delivered C.I.F. Northern Europe exceeds the Northern Europe price by more than 1.25 cents per pound; and

(B)

the prevailing world market price for upland cotton (adjusted to United States quality and location) does not exceed 134 percent of the loan rate for upland cotton established under section 7232 of this title.

(2)

Value of certificates or payments

(3)

Administration of marketing certificates

(A)

Redemption, marketing, or exchange

(B)

Designation of commodities and products

(C)

Transfers

(b)

Special import quota

(1)

Establishment

(A)

In general

(B)

Program requirements

(C)

Tight domestic supply

(D)

Season-ending United States stocks-to-use ratio

(2)

Quantity

(3)

Application

(4)

Overlap

(5)

Preferential tariff treatment

The quantity under a special import quota shall be considered to be an in-quota quantity for purposes of—

(A)

section 2703(d) of title 19;

(B)

section 3203 of title 19;

(C)

section 2463(d) of title 19; and

(D)

General Note 3(a)(iv) to the Harmonized Tariff Schedule.

(6)

“Special import quota” defined

(7)

Limitation

(c)

Limited global import quota for upland cotton

(1)

In general

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 such 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:

(A)

Quantity

(B)

Quantity if prior quota

(C)

Preferential tariff treatment

The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of—

(i)

section 2703(d) of title 19;

(ii)

section 3203 of title 19;

(iii)

section 2463(d) of title 19; and

(iv)

General Note 3(a)(iv) to the Harmonized Tariff Schedule.

(D)

Definitions

In this subsection:

(i)

Supply

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—

(I)

the carry-over of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the quota is established;

(II)

production of the current crop; and

(III)

imports to the latest date available during the marketing year.

(ii)

Demand

The term “demand” means—

(I)

the average seasonally adjusted annual rate of domestic mill consumption during the most recent 3 months for which data are available; and

(II)

the larger of—

(aa)

average exports of upland cotton during the preceding 6 marketing years; or

(bb)

cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established.

(iii)

Limited global import quota

(E)

Quota entry period

(2)

No overlap

(Pub. L. 104–127, title I, § 136, Apr. 4, 1996, 110 Stat. 909; Pub. L. 105–86, title VII, § 731, Nov. 18, 1997, 111 Stat. 2108; Pub. L. 105–277, div. A, § 101(a) [title VII, § 762], Oct. 21, 1998, 112 Stat. 2681, 2681–36; Pub. L. 106–78, title VIII, § 806, Oct. 22, 1999, 113 Stat. 1179.)

cite as: 7 USC 7236