Page:United States Statutes at Large Volume 107 Part 1.djvu/345

 PUBLIC LAW 103-66 —AUG. 10, 1993 107 STAT. 319 Corporation a nonrefundable marketing assessment in accordance with this subsection. "(2) AMOUNT.—The amount of an assessment imposed on a manufacturer under this subsection shall be determined by multipl3ring— "(A) the quantity by which the quantity of imported tobacco used by the manufacttirer to produce cigarettes during a preceding calendar year exceeds 25 percent of the quantity of all tobacco used by the manufacturer to produce cigarettes during the preceding calendar year; by "(B) the difference between— "(i) Vz of the simi of— "(I) the average price per pound received by domestic producers for Burley tobacco during the preceding calendar year; and "(II) the average price per pound received by domestic producers for Flue-cured tobacco during the preceding calendar year; and "(ii) the average price per pound of unmanufactured imported tobacco during the preceding calendar year, as aetermined by the Secretary. "(3) COLLECTION.—An assessment imposed under this subsection shall be^ "(A) collected by the Secretary and transmitted to the Commodity Credit (Corporation; and "(B) enforced in the same manner as provided in section 320B. "(d) PURCHASE OF BURLEY TOBACCO.— "(1) IN GENERAL.—A domestic manufacturer of cigarettes described in subsection (b) shall purchase from the inventories of the producer-owned cooperative marketing associations for Burley tobacco described in section 320B(a)(2), at the applicable list price published by the association, the quantity of tobacco described in paragraph (2). "(2) QUANTITY. —Subject to paragraph (3), the quantity of Burley tobacco required to be purchased by a manufacturer during a calendar year under this subsection shall equal ¥2 of the quantity of imported tobacco used by the manufacturer to produce cigarettes during the preceding calendar year that exceeds 25 percent of the quantity of all tobacco used by the manufactiirer to produce cigarettes diudng the preceding calendar year. "(3) LIMITATION.—If the total quantity of Burley tobacco required to be purchased by all maniifacturers under paragraph (2) would reduce the inventories of the producer-owned cooperative marketing associations for Burley tobacco to less than the reserve stock level for Burley tobacco, the Secretary shall reduce the quantity of tobacco required to be purchased by manufacturers under paragraph (2), on a pro rata basis, to ensure that the inventories will not be less than the reserve stock level for Burley tobacco. "(4) NONCOMPLIANCE.—If a manufacturer fails to piirchase from the inventories of the producer-owned cooperative marketing associations the quantity of Burley tobacco required under this subsection, the manufacturer shall be subject to a penalty of 75 percent of the average market price (calculated to the nearest whole cent) for Burley tobacco for the immediately

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