{"identifier":"/us/usc/t7/s7937","title":7,"num":"\u00a7\u202f7937.","heading":"Special marketing loan provisions for upland cotton","text":"\u00a7\u202f7937.\nSpecial marketing loan provisions for upland cotton\n(a)\nRepealed. Pub. L. 109\u2013171, title I, \u00a7\u202f1103(a)(1), Feb. 8, 2006, 120 Stat. 5\n(b)\nSpecial import quota\n(1)\nEstablishment\n(A)\nIn general\nThe President shall carry out an import quota program during the period beginning on\nMay 13, 2002\nJuly 31, 2008\n(B)\nProgram requirements\nExcept as provided in subparagraph (C), 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) 1\n3\n32\n(C)\nTight domestic supply\nDuring any month for which the Secretary estimates the season-ending United States upland cotton stocks-to-use ratio, as determined under subparagraph (D), to be below 16 percent, the Secretary, in making the determination under subparagraph (B), shall not adjust the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 1\n3\n32\n(D)\nSeason-ending United States stocks-to-use ratio\nFor the purposes of making estimates under subparagraph (C), the Secretary shall, on a monthly basis, estimate and report the season-ending United States upland cotton stocks-to-use ratio, excluding projected raw cotton imports but including the quantity of raw cotton that has been imported into the United States during the marketing year.\n(E)\nDelayed application of threshold\nThrough\nJuly 31, 2006\n(2)\nQuantity\nThe quota shall be equal to one week\u2019s consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the most recent three months for which data are available.\n(3)\nApplication\nThe quota shall apply to upland cotton purchased not later than 90 days after the date of the Secretary\u2019s announcement under paragraph (1) and entered into the United States not later than 180 days after the date.\n(4)\nOverlap\nA special quota period may be established that overlaps any existing quota period if required by paragraph (1), except that a special quota period may not be established under this subsection if a quota period has been established under subsection (c).\n(5)\nPreferential tariff treatment\nThe quantity under a special import quota shall be considered to be an in-quota quantity for purposes of\u2014\n(A) section 2703(d) of title 19\n(B) section 3203 of title 19\n(C) section 2463(d) of title 19\n(D) General Note 3(a)(iv) to the Harmonized Tariff Schedule.\n(6)\nDefinition\nIn this subsection, the term \u201cspecial import quota\u201d means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.\n(7)\nLimitation\nThe 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 5 week\u2019s 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.\n(c)\nLimited global import quota for upland cotton\n(1)\nIn general\nThe 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:\n(A)\nQuantity\nThe 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.\n(B)\nQuantity if prior quota\nIf 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.\n(C)\nPreferential tariff treatment\nThe quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of\u2014\n(i) section 2703(d) of title 19\n(ii) section 3203 of title 19\n(iii) section 2463(d) of title 19\n(iv) General Note 3(a)(iv) to the Harmonized Tariff Schedule.\n(D)\nDefinitions\nIn this subsection:\n(i)\nSupply\nThe term \u201csupply\u201d means, using the latest official data of the Bureau of the Census, the Department of Agriculture, and the Department of the Treasury\u2014\n(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;\n(II) production of the current crop; and\n(III) imports to the latest date available during the marketing year.\n(ii)\nDemand\nThe term \u201cdemand\u201d means\u2014\n(I) the average seasonally adjusted annual rate of domestic mill consumption during the most recent 3 months for which data are available; and\n(II) the larger of\u2014\n(aa) average exports of upland cotton during the preceding 6 marketing years; or\n(bb) cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established.\n(iii)\nLimited global import quota\nThe term \u201climited global import quota\u201d means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.\n(E)\nQuota entry period\nWhen 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.\n(2)\nNo overlap\nNotwithstanding paragraph (1), a quota period may not be established that overlaps an existing quota period or a special quota period established under subsection (b).","url":"https://projectusc.org/usc/t7/s7937.html","content":[{"t":"sec","id":"/us/usc/t7/s7937","children":[{"t":"num","text":"\u00a7\u202f7937."},{"t":"heading","text":"Special marketing loan provisions for upland cotton"},{"t":"subsec","id":"/us/usc/t7/s7937/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Repealed. Pub. L. 109\u2013171, title I, \u00a7\u202f1103(a)(1), Feb. 8, 2006, 120 Stat. 5"},{"t":"content","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t7/s7937/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Special import quota"},{"t":"para","id":"/us/usc/t7/s7937/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Establishment"},{"t":"subpara","id":"/us/usc/t7/s7937/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The President shall carry out an import quota program during the period beginning on ","children":[{"t":"text","text":"May 13, 2002","tail":", through "},{"t":"text","text":"July 31, 2008","tail":", as provided in this subsection."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7937/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Program requirements"},{"t":"content","children":[{"t":"p","text":"Except as provided in subparagraph (C), 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) 1","children":[{"t":"text","text":"3","tail":"\u2044"},{"t":"text","text":"32","tail":"-inch cotton, delivered C.I.F. Northern Europe exceeds the Northern Europe price by more than 1.25 cents per pound, there shall immediately be in effect a special import quota."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7937/b/1/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Tight domestic supply"},{"t":"content","children":[{"t":"p","text":"During any month for which the Secretary estimates the season-ending United States upland cotton stocks-to-use ratio, as determined under subparagraph (D), to be below 16 percent, the Secretary, in making the determination under subparagraph (B), shall not adjust the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 1","children":[{"t":"text","text":"3","tail":"\u2044"},{"t":"text","text":"32","tail":"-inch cotton, delivered C.I.F. Northern Europe."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7937/b/1/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Season-ending United States stocks-to-use ratio"},{"t":"content","children":[{"t":"p","text":"For the purposes of making estimates under subparagraph (C), the Secretary shall, on a monthly basis, estimate and report the season-ending United States upland cotton stocks-to-use ratio, excluding projected raw cotton imports but including the quantity of raw cotton that has been imported into the United States during the marketing year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7937/b/1/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Delayed application of threshold"},{"t":"content","children":[{"t":"p","text":"Through ","children":[{"t":"text","text":"July 31, 2006","tail":", the Secretary shall make the calculation under subparagraph (B) without regard to the 1.25 cent threshold provided under that subparagraph."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7937/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Quantity"},{"t":"content","children":[{"t":"p","text":"The quota shall be equal to one week\u2019s consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the most recent three months for which data are available.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7937/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Application"},{"t":"content","children":[{"t":"p","text":"The quota shall apply to upland cotton purchased not later than 90 days after the date of the Secretary\u2019s announcement under paragraph (1) and entered into the United States not later than 180 days after the date.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7937/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Overlap"},{"t":"content","children":[{"t":"p","text":"A special quota period may be established that overlaps any existing quota period if required by paragraph (1), except that a special quota period may not be established under this subsection if a quota period has been established under subsection (c).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7937/b/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Preferential tariff treatment"},{"t":"chapeau","text":"The quantity under a special import quota shall be considered to be an in-quota quantity for purposes of\u2014"},{"t":"subpara","id":"/us/usc/t7/s7937/b/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" ","children":[{"t":"ref","text":"section 2703(d) of title 19","href":"/us/usc/t19/s2703/d","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7937/b/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" ","children":[{"t":"ref","text":"section 3203 of title 19","href":"/us/usc/t19/s3203","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7937/b/5/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" ","children":[{"t":"ref","text":"section 2463(d) of title 19","href":"/us/usc/t19/s2463/d","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7937/b/5/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" General Note 3(a)(iv) to the Harmonized Tariff Schedule.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7937/b/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Definition"},{"t":"content","children":[{"t":"p","text":"In this subsection, the term \u201cspecial import quota\u201d means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7937/b/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Limitation"},{"t":"content","children":[{"t":"p","text":"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 5 week\u2019s 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t7/s7937/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Limited global import quota for upland cotton"},{"t":"para","id":"/us/usc/t7/s7937/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"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:"},{"t":"subpara","id":"/us/usc/t7/s7937/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Quantity"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7937/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Quantity if prior quota"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7937/c/1/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Preferential tariff treatment"},{"t":"chapeau","text":"The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of\u2014"},{"t":"clause","id":"/us/usc/t7/s7937/c/1/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" ","children":[{"t":"ref","text":"section 2703(d) of title 19","href":"/us/usc/t19/s2703/d","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s7937/c/1/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" ","children":[{"t":"ref","text":"section 3203 of title 19","href":"/us/usc/t19/s3203","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s7937/c/1/C/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" ","children":[{"t":"ref","text":"section 2463(d) of title 19","href":"/us/usc/t19/s2463/d","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s7937/c/1/C/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" General Note 3(a)(iv) to the Harmonized Tariff Schedule.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7937/c/1/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this subsection:"},{"t":"clause","id":"/us/usc/t7/s7937/c/1/D/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Supply"},{"t":"chapeau","text":"The term \u201csupply\u201d means, using the latest official data of the Bureau of the Census, the Department of Agriculture, and the Department of the Treasury\u2014"},{"t":"subclause","id":"/us/usc/t7/s7937/c/1/D/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" the carry-over of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the quota is established;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t7/s7937/c/1/D/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" production of the current crop; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t7/s7937/c/1/D/i/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" imports to the latest date available during the marketing year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s7937/c/1/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Demand"},{"t":"chapeau","text":"The term \u201cdemand\u201d means\u2014"},{"t":"subclause","id":"/us/usc/t7/s7937/c/1/D/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" the average seasonally adjusted annual rate of domestic mill consumption during the most recent 3 months for which data are available; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t7/s7937/c/1/D/ii/II","children":[{"t":"num","text":"(II)"},{"t":"chapeau","text":" the larger of\u2014"},{"t":"num","text":"(aa)"},{"t":"content","text":" average exports of upland cotton during the preceding 6 marketing years; or"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"content","text":" cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established."},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s7937/c/1/D/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Limited global import quota"},{"t":"content","children":[{"t":"p","text":"The term \u201climited global import quota\u201d means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s7937/c/1/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Quota entry period"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s7937/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"No overlap"},{"t":"content","children":[{"t":"p","text":"Notwithstanding paragraph (1), a quota period may not be established that overlaps an existing quota period or a special quota period established under subsection (b).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}