7 U.S.C. § 1359kk — Administration of tariff rate quotas

Page 673 TITLE 7—AGRICULTURE § 1359kk made. The Secretary shall deliver a copy of any notice of appeal to each person shown by the records of the Secretary to be adversely affected by reason of the decision appealed, and shall at all times thereafter permit any such person to inspect and make copies of ap- pellant’s reasons for the appeal and shall on application permit the person to intervene in the appeal. (2) Hearing The Secretary shall provide each appellant an opportunity for a hearing before an admin- istrative law judge in accordance with sec- tions 554 and 556 of title 5. The expenses for conducting the hearing shall be reimbursed by the Commodity Credit Corporation. (Feb. 16, 1938, ch. 30, title III, § 359i, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 202; amended Pub. L. 110–234, title I, § 1403(h), May 22, 2008, 122 Stat. 988; Pub. L. 110–246, § 4(a), title I, § 1403(h), June 18, 2008, 122 Stat. 1664, 1716.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 1359ii, act Feb. 16, 1938, ch. 30, title III, § 359i, as added Pub. L. 101–624, title IX, § 902, Nov. 28, 1990, 104 Stat. 3487; amended Pub. L. 102–237, title I, § 111(k), Dec. 13, 1991, 105 Stat. 1836, related to appeals, prior to the general amendment of this subpart by Pub. L. 107–171. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–246, § 1403(h)(1), inserted ‘‘or 1359gg(d)’’ after ‘‘1359ff’’. Subsec. (c). Pub. L. 110–246, § 1403(h)(2), struck out subsec. (c) which related to special appeal process re- garding beet sugar allocations. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment 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 an Effective Date note under section 8701 of this title. § 1359jj. Administration (a) Use of certain agencies In carrying out this subpart, the Secretary may use the services of local committees of sugar beet or sugarcane producers, sugarcane processors, or sugar beet processors, State and county committees established under section 590h(b) of title 16, and the departments and agencies of the United States Government. (b) Use of Commodity Credit Corporation The Secretary shall use the services, facilities, funds, and authorities of the Commodity Credit Corporation to carry out this subpart. (Feb. 16, 1938, ch. 30, title III, § 359j, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 203.) Editorial Notes PRIOR PROVISIONS A prior section 1359jj, act Feb. 16, 1938, ch. 30, title III, § 359j, as added Pub. L. 101–624, title IX, § 902, Nov. 28, 1990, 104 Stat. 3488, related to administration of this subpart, prior to the general amendment of this sub- part by Pub. L. 107–171. § 1359kk. Administration of tariff rate quotas (a) Establishment (1) In general Except as provided in paragraph (2) and not- withstanding 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 Sec- retary— (A) the Secretary shall take action to in- crease 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 accommo- date 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 do- mestic raw cane sugar refining capacity has been maximized, the Secretary may increase the tariff-rate quota for refined sugars suffi- cient to accommodate the supply increase, if the further increase will not threaten to re- sult in the forfeiture of sugar pledged as col- lateral 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 in- crease 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 accommo- date 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 Sec- retary 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. (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.) Page 674 TITLE 7—AGRICULTURE § 1359ll 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 PROVISIONS A prior section 1359kk, act Feb. 16, 1938, ch. 30, title III, § 359k, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 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 DATE Enactment 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. § 1359ll. Period of effectiveness (a) In general This subpart shall be effective only for the 2008 through 2023 crop years for sugar. (b) Transition The Secretary shall administer flexible mar- keting allotments for sugar for the 2007 crop year for sugar on the terms and conditions pro- vided in this subpart as in effect on the day be- fore the date of enactment of this section. (Feb. 16, 1938, ch. 30, title III, § 359l, as added Pub. L. 110–234, title I, § 1403(k), May 22, 2008, 122 Stat. 989, and Pub. L. 110–246, § 4(a), title I, § 1403(k), June 18, 2008, 122 Stat. 1664, 1717; amended Pub. L. 113–79, title I, § 1301(b)(2), Feb. 7, 2014, 128 Stat. 688; Pub. L. 115–334, title I, § 1301(b)(2), Dec. 20, 2018, 132 Stat. 4511.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. CODIFICATION Provisions of law applicable to sugarcane or sugar beets for the 2023 crop year pursuant to title I of Pub. L. 113–79 and amendment made by section 1301 of Pub. L. 115–334 applicable to the 2024 crop year for sugarcane or sugar beets, see section 102(c)(1) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title. 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. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’. 2014—Subsec. (a). Pub. L. 113–79 substituted ‘‘2018’’ for ‘‘2012’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment 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. PART C—ADMINISTRATIVE PROVISIONS SUBPART I—PUBLICATION AND REVIEW OF QUOTAS Statutory Notes and Related Subsidiaries INAPPLICABILITY OF SUBPART Subpart inapplicable to 1996 through 2001 crops of peanuts, see section 7301(a)(1)(F) of this title. Pub. L. 101–624, title VIII, § 801(4), Nov. 28, 1990, 104 Stat. 3459, provided that subpart I of part C of this sub- chapter (§ 1361 et seq.) is inapplicable to 1991 through 1995 crops of peanuts. Pub. L. 99–198, title VII, § 701(4), Dec. 23, 1985, 99 Stat. 1430, provided that subpart I of part C of this sub- chapter (§ 1361 et seq.) is inapplicable to 1986 through 1990 crops of peanuts. Pub. L. 97–98, title VII, § 701(4), Dec. 22, 1981, 95 Stat. 1248, provided that subpart I of part C of this sub- chapter (§ 1361 et seq.) is inapplicable to 1982 through 1985 crops of peanuts. § 1361. Application of subpart This subpart shall apply to the publication and review of farm marketing quotas estab- lished for corn, wheat, cotton, and rice, estab- lished under part B of this subchapter. (Feb. 16, 1938, ch. 30, title III, § 361, 52 Stat. 62; Apr. 3, 1941, ch. 39, § 4, 55 Stat. 92; Pub. L. 107–171, title I, § 1309(h)(1), May 13, 2002, 116 Stat. 181; Pub. L. 108–357, title VI, § 611(h), Oct. 22, 2004, 118 Stat. 1522.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–357 struck out ‘‘tobacco,’’ after ‘‘es- tablished for’’. 2002—Pub. L. 107–171 struck out ‘‘peanuts,’’ after ‘‘cotton,’’. 1941—Act Apr. 3, 1941, inserted ‘‘peanuts,’’ after ‘‘cot- ton,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under sec- tion 518 of this title. SAVINGS PROVISION Amendment by sections 611 to 614 of Pub. L. 108–357 not to affect the liability of any person under any pro- vision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title. § 1362. Publication of marketing quota; mailing of allotment notice All acreage allotments, and the farm mar- keting quotas established for farms in a county or other local administrative area shall, in ac- cordance with regulations of the Secretary, be made and kept freely available for public inspec- tion in such county or other local administra- tive area. An additional copy of this information shall be kept available in the office of the coun- ty agricultural extension agent or with the chairman of the local committee. Notice of the