U.S Code last checked for updates: Aug 17, 2025
§ 1359kk.
Administration of tariff rate quotas
(a)
Establishment
(1)
In general
(2)
Exception
(b)
Adjustment
(1)
Before April 1
Before April 1 of each fiscal year, for the sole purpose of responding directly to an emergency shortage of sugar in the United States market that is caused by a war, flood, hurricane, or other natural disaster, or other similar event as determined by the Secretary—
(A)
the Secretary shall take action to increase the supply of sugar in accordance with sections 1359cc(b)(2) and 1359ee(b) of this title, including an increase in the tariff-rate quota for raw cane sugar to accommodate the reassignment to imports; and
(B)
if there is still a shortage of sugar in the United States market, and marketing of domestic sugar has been maximized, and domestic raw cane sugar refining capacity has been maximized, the Secretary may increase the tariff-rate quota for refined sugars sufficient to accommodate the supply increase, if the further increase will not threaten to result in the forfeiture of sugar pledged as collateral for a loan under section 7272 of this title.
(2)
On or after April 1
On or after April 1 of each fiscal year—
(A)
the Secretary may take action to increase the supply of sugar in accordance with sections 1359cc(b)(2) and 1359ee(b) of this title, including an increase in the tariff-rate quota for raw cane sugar to accommodate the reassignment to imports; and
(B)
if there is still a shortage of sugar in the United States market, and marketing of domestic sugar has been maximized, the Secretary may increase the tariff-rate quota for raw cane sugar if the further increase will not threaten to result in the forfeiture of sugar pledged as collateral for a loan under section 7272 of this title.
(c)
Reallocation
(1)
Initial reallocation
Subject to paragraph (3), following the establishment of the tariff-rate quotas under subsection (a) for a quota year, the Secretary shall—
(A)
determine which countries do not intend to fulfill their allocation for the quota year; and
(B)
reallocate any forecasted shortfall in the fulfillment of the tariff-rate quotas as soon as practicable.
(2)
Subsequent reallocation
(3)
Cessation of effectiveness
Paragraphs (1) and (2) shall cease to be in effect if—
(A)
the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico, signed December 19, 2014, is terminated; and
(B)
no countervailing duty order under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) is in effect with respect to sugar from Mexico.
(d)
Refined sugar
(1)
Definition of domestic sugar industry
In this subsection, the term “domestic sugar industry” means domestic—
(A)
sugar beet producers and processors;
(B)
producers and processors of sugar cane; and
(C)
refiners of raw cane sugar.
(2)
Study required
(A)
In general
(B)
Elements
In conducting the study under subparagraph (A), the Secretary shall examine the following:
(i)
The need for—
(I)
defining “refined sugar” as having a minimum polarization of 99.8 degrees or higher;
(II)
establishing a standard for color- or reflectance-based units for refined sugar such as those utilized by the International Commission of Uniform Methods of Sugar Analysis;
(III)
prescribing specifications for packaging type for refined sugar;
(IV)
prescribing specifications for transportation modes for refined sugar;
(V)
requiring evidence that sugar imported as refined sugar will not undergo further refining in the United States;
(VI)
prescribing appropriate terms and conditions to avoid unlawful sugar imports; and
(VII)
establishing other definitions, terms and conditions, or other requirements.
(ii)
The potential impact of modifications described in each of subclauses (I) through (VII) of clause (i) on the domestic sugar industry.
(iii)
Whether, based on the needs described in clause (i) and the impact described in clause (ii), the establishment of additional terms and conditions is appropriate.
(C)
Consultation
(D)
Report
(3)
Establishment of additional terms and conditions permitted
(A)
In general
(B)
Promulgation of regulations
The Secretary may issue regulations under subparagraph (A) if the regulations—
(i)
do not have an adverse impact on the domestic sugar industry; and
(ii)
are consistent with the requirements of this part, section 7272 of this title, and obligations under international trade agreements that have been approved by Congress.
(Feb. 16, 1938, ch. 30, title III, § 359k, as added Pub. L. 110–234, title I, § 1403(j), May 22, 2008, 122 Stat. 988, and Pub. L. 110–246, § 4(a), title I, § 1403(j), June 18, 2008, 122 Stat. 1664, 1717; amended Pub. L. 119–21, title I, § 10312(d), (e), July 4, 2025, 139 Stat. 97, 99.)
cite as: 7 USC 1359kk