Collapse to view only § 1359ee. Reassignment of deficits
- § 1359aa. Definitions
- § 1359bb. Flexible marketing allotments for sugar
- § 1359cc. Establishment of flexible marketing allotments
- § 1359dd. Allocation of marketing allotments
- § 1359ee. Reassignment of deficits
- § 1359ff. Provisions applicable to producers
- § 1359gg. Special rules
- § 1359hh. Regulations; violations; publication of Secretary’s determinations; jurisdiction of the courts; United States attorneys
- § 1359ii. Appeals
- § 1359jj. Administration
- § 1359kk. Administration of tariff rate quotas
- § 1359ll. Period of effectiveness
§ 1359aa. Definitions
In this subpart:
(1) Human consumption
(2) Mainland State
(3) Market
(A) In general
(B) Inclusions
The term “market” includes—
(i) the forfeiture of sugar under the loan program for sugar established under section 7272 of this title;
(ii) with respect to any integrated processor and refiner, the movement of raw cane sugar into the refining process; and
(iii) the sale of sugar for the production of ethanol or other bioenergy product, if the disposition of the sugar is administered by the Secretary under section 8110 of this title.
(C) Marketing year
(4) Offshore State
(5) State
Notwithstanding section 1301 of this title, the term “State” means—
(A) a State;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(6) United States
(Feb. 16, 1938, ch. 30, title III, § 359a, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 187; amended Pub. L. 110–234, title I, § 1403(a), May 22, 2008, 122 Stat. 981; Pub. L. 110–246, § 4(a), title I, § 1403(a), June 18, 2008, 122 Stat. 1664, 1709.)
§ 1359bb. Flexible marketing allotments for sugar
(a) Sugar estimates
(1) In general
Not later than August 1 before the beginning of each of the 2008 through 2023 crop years for sugarcane and sugar beets, the Secretary shall estimate—
(A) the quantity of sugar that will be subject to human consumption in the United States during the crop year;
(B) the quantity of sugar that would provide for reasonable carryover stocks;
(C) the quantity of sugar that will be available from carry-in stocks for human consumption in the United States during the crop year;
(D) the quantity of sugar that will be available from the domestic processing of sugarcane, sugar beets, and in-process beet sugar; and
(E) the quantity of sugars, syrups, and molasses that will be imported for human consumption or to be used for the extraction of sugar for human consumption in the United States during the crop year, whether the articles are under a tariff-rate quota or are in excess or outside of a tariff-rate quota.
(2) Exclusion
(3) Reestimates
(b) Sugar allotments
(1) Establishment
By the beginning of each crop year, the Secretary shall establish for that crop year appropriate allotments under section 1359cc of this title for the marketing by processors of sugar processed from sugar cane or sugar beets or in-process beet sugar (whether the sugar beets or in-process beet sugar was produced domestically or imported) at a level that is—
(A) sufficient to maintain raw and refined sugar prices above forfeiture levels so that there will be no forfeitures of sugar to the Commodity Credit Corporation under the loan program for sugar established under section 7272 of this title; but
(B) not less than 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year.
(2) Products
(c) Coverage of allotments
(1) In general
(2) Exceptions
Consistent with the administration of marketing allotments for each of the 2002 through 2007 crop years, the marketing allotments shall not apply to sugar sold—
(A) to facilitate the exportation of the sugar to a foreign country, except that the exports of sugar shall not be eligible to receive credits under reexport programs for refined sugar or sugar containing products administered by the Secretary;
(B) to enable another processor to fulfill an allocation established for that processor; or
(C) for uses other than domestic human consumption, except for the sale of sugar for the production of ethanol or other bioenergy if the disposition of the sugar is administered by the Secretary under section 8110 of this title.
(3) Requirement
The sale of sugar described in paragraph (2)(B) shall be—
(A) made prior to May 1; and
(B) reported to the Secretary.
(d) Prohibitions
(1) In general
During all or part of any crop year for which marketing allotments have been established, no processor of sugar beets or sugarcane shall market for domestic human consumption a quantity of sugar in excess of the allocation established for the processor, except—
(A) to enable another processor to fulfill an allocation established for that other processor; or
(B) to facilitate the exportation of the sugar.
(2) Civil penalty
(Feb. 16, 1938, ch. 30, title III, § 359b, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 188; amended Pub. L. 110–234, title I, § 1403(b), May 22, 2008, 122 Stat. 982; Pub. L. 110–246, § 4(a), title I, § 1403(b), June 18, 2008, 122 Stat. 1664, 1710; Pub. L. 113–79, title I, § 1301(b)(1), Feb. 7, 2014, 128 Stat. 688; Pub. L. 115–334, title I, § 1301(b)(1), Dec. 20, 2018, 132 Stat. 4511.)
§ 1359cc. Establishment of flexible marketing allotments
(a) In general
(b) Overall allotment quantity
(1) In general
The Secretary shall establish the overall quantity of sugar to be allotted for the crop year (referred to in this subpart as the “overall allotment quantity”) at a level that is—
(A) sufficient to maintain raw and refined sugar prices above forfeiture levels to avoid forfeiture of sugar to the Commodity Credit Corporation; but
(B) not less than a quantity equal to 85 percent of the estimated quantity of sugar for domestic human consumption for the crop year.
(2) Adjustment
Subject to paragraph (1), the Secretary shall adjust the overall allotment quantity to maintain—
(A) raw and refined sugar prices above forfeiture levels to avoid the forfeiture of sugar to the Commodity Credit Corporation; and
(B) adequate supplies of raw and refined sugar in the domestic market.
(c) Marketing allotment for sugar derived from sugar beets and sugar derived from sugarcane
The overall allotment quantity for the crop year shall be allotted between—
(1) sugar derived from sugar beets by establishing a marketing allotment for a crop year at a quantity equal to the product of multiplying the overall allotment quantity for the crop year by 54.35 percent; and
(2) sugar derived from sugarcane by establishing a marketing allotment for a crop year at a quantity equal to the product of multiplying the overall allotment quantity for the crop year by 45.65 percent.
(d) Filling cane sugar and beet sugar allotments
(1) Cane sugar
(2) Beet sugar
(e) State cane sugar allotments
(1) In general
(2) Offshore allotment
(A) Collectively
(B) Individually
The collective offshore State allotment provided for under subparagraph (A) shall be further allotted among the offshore States in which sugarcane is produced, after a hearing (if requested by the affected sugarcane processors and growers) and on such notice as the Secretary by regulation may prescribe, in a fair and equitable manner on the basis of—
(i) past marketings of sugar, based on the average of the 2 highest years of production of raw cane sugar from the 1996 through 2000 crops;
(ii) the ability of processors to market the sugar covered under the allotments for the crop year; and
(iii) past processings of sugar from sugarcane, based on the 3-year average of the 1998 through 2000 crop years.
(3) Mainland allotment
The allotment for sugar derived from sugarcane, less the amount provided for under paragraph (2), shall be allotted among the mainland States in the United States in which sugarcane is produced, after a hearing (if requested by the affected sugarcane processors and growers) and on such notice as the Secretary by regulation may prescribe, in a fair and equitable manner on the basis of—
(A) past marketings of sugar, based on the average of the 2 highest years of production of raw cane sugar from the 1996 through 2000 crops;
(B) the ability of processors to market the sugar covered under the allotments for the crop year; and
(C) past processings of sugar from sugarcane, based on the 3 crop years with the greatest processings (in the mainland States collectively) during the 1991 through 2000 crop years.
(f) Filling cane sugar allotments
(g) Adjustment of marketing allotments
(1) Adjustments
(A) In general
(B) Limitation
(2) Allocation to processors
(3) Carry-over of reductions
(Feb. 16, 1938, ch. 30, title III, § 359c, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 189; amended Pub. L. 110–234, title I, § 1403(c), May 22, 2008, 122 Stat. 983; Pub. L. 110–246, § 4(a), title I, § 1403(c), June 18, 2008, 122 Stat. 1664, 1712.)
§ 1359dd. Allocation of marketing allotments
(a) Allocation to processors
(b) Hearing and notice
(1) Cane sugar
(A) In general
(B) Multiple processor States
Except as provided in subparagraphs (C) and (D), the Secretary shall allocate the allotment for cane sugar among multiple cane sugar processors in a single State based on—
(i) past marketings of sugar, based on the average of the 2 highest years of production of raw cane sugar from among the 1996 through 2000 crops;
(ii) the ability of processors to market sugar covered by that portion of the allotment allocated for the crop year; and
(iii) past processings of sugar from sugarcane, based on the average of the 3 highest years of production during the 1996 through 2000 crop years.
(C) Talisman processing facility
(D) Proportionate share States
In the case of States subject to section 1359ff(c) of this title, the Secretary shall allocate the allotment for cane sugar among multiple cane sugar processors in a single State based on—
(i) past marketings of sugar, based on the average of the 2 highest years of production of raw cane sugar from among the 1997 through 2001 crop years;
(ii) the ability of processors to market sugar covered by that portion of the allotments allocated for the crop year; and
(iii) past processings of sugar from sugarcane, based on the average of the 2 highest crop years of crop production during the 1997 through 2001 crop years.
(E) New entrants
(i) In general
(ii) Proportionate share States
(iii) Limitations
The allotment for a new processor under this subparagraph shall not exceed—
(I) in the case of the first crop year of operation of a new processor, 50,000 short tons (raw value); and(II) in the case of each subsequent crop year of operation of the new processor, a quantity established by the Secretary in accordance with this subparagraph and the criteria described in subparagraph (B) or (D), as applicable.(iv) New entrant States(I) In general(II) Effect on other allotments
(v) Adverse effects
(vi) Ability to market
(vii) Prohibition
(F) Transfer of ownership
(2) Beet sugar
(A) In general
(B) Quantity
(C) Weighted average quantity
Subject to subparagraph (D), the weighted quantity of beet sugar produced by a beet sugar processor during each of the 1998 through 2000 crop years shall be (as determined by the Secretary)—
(i) in the case of the 1998 crop year, 25 percent of the quantity of beet sugar produced by the processor during the crop year;
(ii) in the case of the 1999 crop year, 35 percent of the quantity of beet sugar produced by the processor during the crop year; and
(iii) in the case of the 2000 crop year, 40 percent of the quantity of beet sugar produced by the processor (including any quantity of sugar received from the Commodity Credit Corporation) during the crop year.
(D) Adjustments
(i) In general
The Secretary shall adjust the weighted average quantity of beet sugar produced by a beet sugar processor during the 1998 through 2000 crop years under subparagraph (C) if the Secretary determines that the processor—
(I) during the 1996 through 2000 crop years, opened a sugar beet processing factory;(II) during the 1998 through 2000 crop years, closed a sugar beet processing factory;(III) during the 1998 through 2000 crop years, constructed a molasses desugarization facility; or(IV) during the 1998 through 2000 crop years, suffered substantial quality losses on sugar beets stored during any such crop year.(ii) Quantity
The quantity of beet sugar produced by a beet sugar processor under subparagraph (C) shall be—
(I) in the case of a processor that opened a sugar beet processing factory, increased by 1.25 percent of the total of the adjusted weighted average quantities of beet sugar produced by all processors during the 1998 through 2000 crop years (without consideration of any adjustment under this subparagraph) for each sugar beet processing factory that is opened by the processor;(II) in the case of a processor that closed a sugar beet processing factory, decreased by 1.25 percent of the total of the adjusted weighted average quantities of beet sugar produced by all processors during the 1998 through 2000 crop years (without consideration of any adjustment under this subparagraph) for each sugar beet processing factory that is closed by the processor;(III) in the case of a processor that constructed a molasses desugarization facility, increased by 0.25 percent of the total of the adjusted weighted average quantities of beet sugar produced by all processors during the 1998 through 2000 crop years (without consideration of any adjustment under this subparagraph) for each molasses desugarization facility that is constructed by the processor; and(IV) in the case of a processor that suffered substantial quality losses on stored sugar beets, increased by 1.25 percent of the total of the adjusted weighted average quantities of beet sugar produced by all processors during the 1998 through 2000 crop years (without consideration of any adjustment under this subparagraph).(E) Permanent termination of operations of a processor
If a processor of beet sugar has been dissolved, liquidated in a bankruptcy proceeding, or otherwise has permanently terminated operations (other than in conjunction with a sale or other disposition of the processor or the assets of the processor), the Secretary shall—
(i) eliminate the allocation of the processor provided under this section; and
(ii) distribute the allocation to other beet sugar processors on a pro rata basis.
(F) Sale of all assets of a processor to another processor
(G) Sale of factories of a processor to another processor
(i) Effect of sale
(ii) Application of allocation
The assignment of the allocation under clause (i) shall apply—
(I) during the remainder of the crop year for which the sale described in clause (i) occurs; and(II) during each subsequent crop year.(iii) Use of other factories to fill allocation
(H) New entrants starting production, reopening, or acquiring an existing factory with production history
(i) Definition of new entrant(I) In general
In this subparagraph, the term “new entrant” means an individual, corporation, or other entity that—
(aa) does not have an allocation of the beet sugar allotment under this subpart;(bb) is not affiliated with any other individual, corporation, or entity that has an allocation of beet sugar under this subpart (referred to in this clause as a “third party”); and(cc) will process sugar beets produced by sugar beet growers under contract with the new entrant for the production of sugar at the new or re-opened factory that is the basis for the new entrant allocation.(II) AffiliationFor purposes of subclause (I)(bb), a new entrant and a third party shall be considered to be affiliated if—
(aa) the third party has an ownership interest in the new entrant;(bb) the new entrant and the third party have owners in common;(cc) the third party has the ability to exercise control over the new entrant by organizational rights, contractual rights, or any other means;(dd) the third party has a contractual relationship with the new entrant by which the new entrant will make use of the facilities or assets of the third party; or(ee) there are any other similar circumstances by which the Secretary determines that the new entrant and the third party are affiliated.(ii) Allocation for a new entrant that has constructed a new factory or reopened a factory that was not operated since before 1998
If a new entrant constructs a new sugar beet processing factory, or acquires and reopens a sugar beet processing factory that last processed sugar beets prior to the 1998 crop year and there is no allocation currently associated with the factory, the Secretary shall—
(I) assign an allocation for beet sugar to the new entrant that provides a fair and equitable distribution of the allocations for beet sugar so as to enable the new entrant to achieve a factory utilization rate comparable to the factory utilization rates of other similarly-situated processors; and(II) reduce the allocations for beet sugar of all other processors on a pro rata basis to reflect the allocation to the new entrant.(iii) Allocation for a new entrant that has acquired an existing factory with a production history(I) In general(II) Prohibition
(iv) Appeals
(Feb. 16, 1938, ch. 30, title III, § 359d, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 191; amended Pub. L. 110–234, title I, § 1403(d), May 22, 2008, 122 Stat. 984; Pub. L. 110–246, § 4(a), title I, § 1403(d), June 18, 2008, 122 Stat. 1664, 1712.)
§ 1359ee. Reassignment of deficits
(a) Estimates of deficits
(b) Reassignment of deficits
(1) Cane sugar
If the Secretary determines that any sugarcane processor who has been allocated a share of a State cane sugar allotment will be unable to market the processor’s allocation of the State’s allotment for the crop year—
(A) the Secretary first shall reassign the estimated quantity of the deficit to the allocations for other processors within that State, depending on the capacity of each other processor to fill the portion of the deficit to be assigned to it and taking into account the interests of producers served by the processors;
(B) if after the reassignments the deficit cannot be completely eliminated, the Secretary shall reassign the estimated quantity of the deficit proportionately to the allotments for other cane sugar States, depending on the capacity of each other State to fill the portion of the deficit to be assigned to it, with the reassigned quantity to each State to be allocated among processors in that State in proportion to the allocations of the processors;
(C) if after the reassignments the deficit cannot be completely eliminated, the Secretary shall reassign the estimated quantity of the deficit to the Commodity Credit Corporation and shall sell such quantity of sugar from inventories of the Corporation unless the Secretary determines that such sales would have a significant effect on the price of sugar; and
(D) if after the reassignments and sales, the deficit cannot be completely eliminated, the Secretary shall reassign the remainder to imports of raw cane sugar.
(2) Beet sugar
If the Secretary determines that a sugar beet processor who has been allocated a share of the beet sugar allotment will be unable to market that allocation—
(A) the Secretary first shall reassign the estimated quantity of the deficit to the allotments for other sugar beet processors, depending on the capacity of each other processor to fill the portion of the deficit to be assigned to it and taking into account the interests of producers served by the processors;
(B) if after the reassignments the deficit cannot be completely eliminated, the Secretary shall reassign the estimated quantity of the deficit to the Commodity Credit Corporation and shall sell such quantity of sugar from inventories of the Corporation unless the Secretary determines that such sales would have a significant effect on the price of sugar; and
(C) if after the reassignments and sales, the deficit cannot be completely eliminated, the Secretary shall reassign the remainder to imports of raw cane sugar.
(3) Corresponding increase
(Feb. 16, 1938, ch. 30, title III, § 359e, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 197; amended Pub. L. 110–234, title I, § 1403(e), May 22, 2008, 122 Stat. 986; Pub. L. 110–246, § 4(a), title I, § 1403(e), June 18, 2008, 122 Stat. 1664, 1714.)
§ 1359ff. Provisions applicable to producers
(a) Processor assurances
(1) In general
(2) Arbitration
(A) In general
(B) Period
The arbitration shall, to the maximum extent practicable, be—
(i) commenced not more than 45 days after the request; and
(ii) completed not more than 60 days after the request.
(b) Sugar beet processing facility closures
(1) In general
(2) Increased allocation for processing company
(3) Decreased allocation for closed company
(4) Timing
(c) Proportionate shares of certain allotments
(1) Definition of seed
(A) In general
(B) Exclusion
(2) In general
(A) States affected
(B) Determination
(3) Establishment of proportionate shares
(4) Method of determining
For purposes of determining proportionate shares for any crop of sugarcane:
(A) The Secretary shall establish the State’s per-acre yield goal for a crop of sugarcane at a level (not less than the average per-acre yield in the State for the 2 highest years from among the 1999, 2000, and 2001 crop years, as determined by the Secretary) that will ensure an adequate net return per pound to producers in the State, taking into consideration any available production research data that the Secretary considers relevant.
(B) The Secretary shall adjust the per-acre yield goal by the average recovery rate of sugar produced from sugarcane by processors in the State.
(C) The Secretary shall convert the State allotment for the crop year involved into a State acreage allotment for the crop by dividing the State allotment by the per-acre yield goal for the State, as established under subparagraph (A) and as further adjusted under subparagraph (B).
(D) The Secretary shall establish a uniform reduction percentage for the crop by dividing the State acreage allotment, as determined for the crop under subparagraph (C), by the sum of all adjusted acreage bases in the State, as determined by the Secretary.
(E) The uniform reduction percentage for the crop, as determined under subparagraph (D), shall be applied to the acreage base for each sugarcane-producing farm in the State to determine the farm’s proportionate share of sugarcane acreage that may be harvested for sugar or seed.
(5) Acreage base
For purposes of this subsection, the acreage base for each sugarcane-producing farm shall be determined by the Secretary, as follows:
(A) The acreage base for any farm shall be the number of acres that is equal to the average of the acreage planted and considered planted for harvest for sugar or seed on the farm in the 2 highest of the 1999, 2000, and 2001 crop years.
(B) Acreage planted to sugarcane that producers on a farm were unable to harvest to sugarcane for sugar or seed because of drought, flood, other natural disaster, or other condition beyond the control of the producers may be considered as harvested for the production of sugar or seed for purposes of this paragraph.
(6) Violation
(A) In general
(B) Determination of violation
(C) Civil penalty
(7) Waiver
(8) Adjustments
(Feb. 16, 1938, ch. 30, title III, § 359f, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 198; amended Pub. L. 110–234, title I, § 1403(f), May 22, 2008, 122 Stat. 986; Pub. L. 110–246, § 4(a), title I, § 1403(f), June 18, 2008, 122 Stat. 1664, 1714; Pub. L. 113–79, title I, § 1609(a), Feb. 7, 2014, 128 Stat. 709.)
§ 1359gg. Special rules
(a) Transfer of acreage base history
(1) Transfer authorized
(2) Converted acreage base
(A) In general
(B) Notification
(C) Initial transfer period
(D) Grower of record
If a transfer under subparagraph (C) cannot be accomplished during the period specified in that subparagraph, the grower of record with regard to the acreage base on the date on which the acreage was converted to nonagricultural use shall—
(i) be notified; and
(ii) have 90 days from the date of the receipt of the notification to transfer the base to 1 or more farms operated by the grower.
(E) Pool distribution
(i) In general
(ii) Acceptance of requests
(iii) Assignment
(F) Statewide reallocation
(i) In general
(ii) Allocation
(G) Status of reassigned base
After acreage base has been reassigned in accordance with this subparagraph, the acreage base shall—
(i) remain on the farm; and
(ii) be subject to the transfer provisions of paragraph (1).
(b) Preservation of acreage base history
(c) Revisions of allocations and proportionate shares
(d) Transfers of mill allocations
(1) Transfer authorized
(2) Allocation adjustment
Notwithstanding section 1359dd of this title, the Secretary shall adjust the allocations of each of such processing companies affected by a transfer under paragraph (1) to reflect the change in deliveries, based on—
(A) the number of acres of sugarcane base being transferred; and
(B) the pro rata amount of allocation at the processing company holding the applicable allocation that equals the contribution of the grower to allocation of the processing company for the sugarcane acreage base being transferred.
(Feb. 16, 1938, ch. 30, title III, § 359g, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 201; amended Pub. L. 110–234, title I, § 1403(g), May 22, 2008, 122 Stat. 987; Pub. L. 110–246, § 4(a), title I, § 1403(g), June 18, 2008, 122 Stat. 1664, 1715.)
§ 1359hh. Regulations; violations; publication of Secretary’s determinations; jurisdiction of the courts; United States attorneys
(a) Regulations
(b) Violation
(c) Publication in Federal Register
(d) Jurisdiction of courts; United States attorneys
(1) Jurisdiction of courts
(2) United States attorneys
(e) Nonexclusivity of remedies
(Feb. 16, 1938, ch. 30, title III, § 359h, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 202.)
§ 1359ii. Appeals
(a) In general
(b) Procedure
(1) Notice of appeal
(2) Hearing
(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.)
§ 1359jj. Administration
(a) Use of certain agencies
(b) Use of Commodity Credit Corporation
(Feb. 16, 1938, ch. 30, title III, § 359j, as added Pub. L. 107–171, title I, § 1403, May 13, 2002, 116 Stat. 203.)
§ 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.)
§ 1359ll. Period of effectiveness
(a) In general
(b) Transition
(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.)