7 U.S.C. § 608f — Repealed. Pub. L. 89–106, § 9, Aug. 4, 1965,

Page 478 TITLE 7—AGRICULTURE § 608f § 608f. Repealed. Pub. L. 89–106, § 9, Aug. 4, 1965, 79 Stat. 432 Section, act May 12, 1933, ch. 25, title I, § 8f, formerly § 8(5), 48 Stat. 34; renumbered § 8f and amended Aug. 24, 1935, ch. 641, § 7, 49 Stat. 762; Oct. 8, 1940, ch. 759, 54 Stat. 1019, prohibited, except in specified cases, the shipment of grain from public grain warehouses to other ware- house without cancellation of warehouse receipts to avoid conflict with other laws regulating warehouse- men. § 609. Processing tax; methods of computation; rate; what constitutes processing; publicity as to tax to avoid profiteering (a) To obtain revenue for extraordinary ex- penses incurred by reason of the national eco- nomic emergency, there shall be levied proc- essing taxes as hereinafter provided. When the Secretary of Agriculture determines that any one or more payments authorized to be made under section 608 of this title are to be made with respect to any basic agricultural com- modity, he shall proclaim such determination, and a processing tax shall be in effect with re- spect to such commodity from the beginning of the marketing year therefor next following the date of such proclamation; except that (1) in the case of sugar beets and sugarcane, the Secretary of Agriculture shall, on or before the thirtieth day after May 9, 1934, proclaim that rental or benefit payments with respect to said commod- ities are to be made, and the processing tax shall be in effect on and after the thirtieth day after May 9, 1934, and (2) in the case of rice, the Secretary of Agriculture shall, before April 1, 1935, proclaim that rental or benefit payments are to be made with respect thereto, and the processing tax shall be in effect on and after April 1, 1935. In the case of sugar beets and sug- arcane, the calendar year shall be considered to be the marketing year and for the year 1934 the marketing year shall begin January 1, 1934. In the case of rice, the period from August 1 to July 31, both inclusive, shall be considered to be the marketing year. The processing tax shall be levied, assessed, and collected upon the first do- mestic processing of the commodity, whether of domestic production or imported, and shall be paid by the processor. The rate of tax shall con- form to the requirements of subsection (b). Such rate shall be determined by the Secretary of Ag- riculture as of the date the tax first takes effect, and the rate so determined shall, at such inter- vals as the Secretary finds necessary to effec- tuate the declared policy, be adjusted by him to conform to such requirements. The processing tax shall terminate at the end of the marketing year current at the time the Secretary pro- claims that all payments authorized under sec- tion 608 of this title which are in effect are to be discontinued with respect to such commodity. The marketing year for each commodity shall be ascertained and prescribed by regulations of the Secretary of Agriculture: Provided, That upon any article upon which a manufacturers’ sales tax is levied under the authority of the Revenue Act of 1932 and which manufacturers’ sales tax is computed on the basis of weight, such manufacturers’ sales tax shall be computed on the basis of the weight of said finished article less the weight of the processed cotton con- tained therein on which a processing tax has been paid. (b)(1) The processing tax shall be at such rate as equals the difference between the current av- erage farm price for the commodity and the fair exchange value of the commodity, plus such per- centage of such difference, not to exceed 20 per centum, as the Secretary of Agriculture may de- termine will result in the collection, in any marketing year with respect to which such rate of tax may be in effect pursuant to the provi- sions of this chapter, of an amount of tax equal to (A) the amount of credits or refunds which he estimates will be allowed or made during such period pursuant to section 615(c) of this title with respect to the commodity and (B) the amount of tax which he estimates would have been collected during such period upon all processings of such commodity, which are ex- empt from tax by reason of the fact that such processings are done by or for a State, or a polit- ical subdivision or an institution thereof, had such processings been subject to tax. If, prior to the time the tax takes effect, or at any time thereafter, the Secretary has reason to believe that the tax at such rate, or at the then existing rate, on the processing of the commodity gen- erally or for any designated use or uses, or on the processing of the commodity in the produc- tion of any designated product or products thereof for any designated use or uses, will cause or is causing such reduction in the quan- tity of the commodity or products thereof do- mestically consumed as to result in the accumu- lation of surplus stocks of the commodity or products thereof or in the depression of the farm price of the commodity, then the Secretary shall cause an appropriate investigation to be made, and afford due notice and opportunity for hearing to interested parties. If thereupon the Secretary determines and proclaims that any such result will occur or is occurring, then the processing tax on the processing of the com- modity generally or for any designated use or uses, or on the processing of the commodity in the production of any designated product or products thereof for any designated use or uses, shall be at such lower rate or rates as he deter- mines and proclaims will prevent such accumu- lation of surplus stocks and depression of the farm price of the commodity, and the tax shall remain during its effective period at such lower rate until the Secretary, after due notice and opportunity for hearing to interested parties, determines and proclaims that an increase in the rate of such tax will not cause such accumu- lation of surplus stocks or depression of the farm price of the commodity. Thereafter the processing tax shall be at the highest rate which the Secretary determines will not cause such ac- cumulation of surplus stocks or depression of the farm price of the commodity, but it shall not be higher than the rate provided in the first sentence of this paragraph. (2) In the case of wheat, cotton, field corn, hogs, peanuts, paper, and jute, and (except as provided in paragraph (8) of this subsection) in the case of sugarcane and sugar beets, the tax on the first domestic processing of the commodity generally or for any particular use, or in the production of any designated product for any