7 USC 1359kk - Administration of tariff rate quotas

U.S Code last checked for updates: Nov 22, 2024

§ 1359kk.

Administration of tariff rate quotas

(a)

Establishment

(1)

In general

(2)

Exception

(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.

(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.)

cite as: 7 USC 1359kk