7 U.S.C. § 8738 — Special competitive provisions for extra

Page 2234 TITLE 7—AGRICULTURE § 8738 quota during the 90-day period beginning on the date the quota is established by the Sec- retary. (3) No overlap Notwithstanding paragraph (2), a quota pe- riod may not be established that overlaps an existing quota period or a special quota period established under subsection (a). (Pub. L. 110–234, title I, § 1207, May 22, 2008, 122 Stat. 960; Pub. L. 110–246, § 4(a), title I, § 1207, June 18, 2008, 122 Stat. 1664, 1689; Pub. L. 115–334, title I, § 1203(a), Dec. 20, 2018, 132 Stat. 4510.) Editorial Notes REFERENCES IN TEXT The date of enactment of this Act, referred to in sub- sec. (a)(2)(A), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. The Harmonized Tariff Schedule, referred to in sub- secs. (a)(6)(D) and (b)(2)(C)(iv), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Du- ties. 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 L. 110–234 was repealed by section 4(a) of Pub.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. AMENDMENTS 2018—Subsec. (c). Pub. L. 115–334 struck out subsec. (c) which related to economic adjustment assistance to users of upland cotton. 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. § 8738. Special competitive provisions for extra long staple cotton (a) Competitiveness program Notwithstanding any other provision of law, during the period beginning on the date of en- actment of this Act through July 31, 2013, the Secretary shall carry out a program— (1) to maintain and expand the domestic use of extra long staple cotton produced in the United States; (2) to increase exports of extra long staple cotton produced in the United States; and (3) to ensure that extra long staple cotton produced in the United States remains com- petitive in world markets. (b) Payments under program; trigger Under the program, the Secretary shall make payments available under this section when- ever— (1) for a consecutive 4-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is below the prevailing United States price for a competing growth of extra long staple cot- ton; and (2) the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other fac- tors affecting the competitiveness of such cot- ton), as determined by the Secretary, is less than 134 percent of the loan rate for extra long staple cotton. (c) Eligible recipients The Secretary shall make payments available under this section to domestic users of extra long staple cotton produced in the United States and exporters of extra long staple cotton pro- duced in the United States that enter into an agreement with the Commodity Credit Corpora- tion to participate in the program under this section. (d) Payment amount Payments under this section shall be based on the amount of the difference in the prices re- ferred to in subsection (b)(1) during the fourth week of the consecutive 4-week period multi- plied by the amount of documented purchases by domestic users and sales for export by exporters made in the week following such a consecutive 4-week period. (Pub. L. 110–234, title I, § 1208, May 22, 2008, 122 Stat. 963; Pub. L. 110–246, § 4(a), title I, § 1208, June 18, 2008, 122 Stat. 1664, 1692.) Editorial Notes REFERENCES IN TEXT The date of enactment of this Act, referred to in sub- sec. (a), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. 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. 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. § 8739. Availability of recourse loans for high moisture feed grains and seed cotton (a) High moisture feed grains (1) Definition of high moisture state In this subsection, the term ‘‘high moisture state’’ means corn or grain sorghum having a moisture content in excess of Commodity Credit Corporation standards for marketing assistance loans made by the Secretary under section 8731 of this title. (2) Recourse loans available For each of the 2008 through 2012 crops of corn and grain sorghum, the Secretary shall make available recourse loans, as determined by the Secretary, to producers on a farm that— (A) normally harvest all or a portion of their crop of corn or grain sorghum in a high moisture state;