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United States Code
Title 7 - AGRICULTUREChapter 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938Subchapter II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATESPart B - MARKETING QUOTAS
Subpart VII - FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR
Section 1359kk - Administration of tariff rate quotas

7 U.S.C. § 1359kk

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 1359kk - Administration of tariff rate quotas
(a) Establishment
(1) In general

Except as provided in paragraph (2) and notwithstanding any other provision of law, at the beginning of the quota year, the Secretary shall establish the tariff-rate quotas for raw cane sugar and refined sugars at the minimum level necessary to comply with obligations under international trade agreements that have been approved by Congress.

(2) Exception

Paragraph (1) shall not apply to specialty sugar.

(b) Adjustment
(1) Before April 1

Before April 1 of each fiscal year, if there is 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.

7 U.S.C. § 1359kk

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.

EDITORIAL NOTES

CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 enacted identical sections. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246.

PRIOR PROVISIONSA prior section 1359kk, act Feb. 16, 1938, ch. 30, title III, §359k, as added Pub. L. 107-171, title I, §14031403,, 116 Stat. 204, related to reallocation of sugar quota import shortfalls in 2002 through 2007 calendar years, prior to repeal by Pub. L. 110-234, title I, §1403(i), May 22, 2008, 122 Stat. 988; Pub. L. 110-246, §4, title I, §1403(i), June 18, 2008, 122 Stat. 1664, 1716, effective May 22, 2008.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATEEnactment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 see section 4 of Pub. L. 110-246 set out as a note under section 8701 of this title.