Page:United States Statutes at Large Volume 118.djvu/1559

 118 STAT. 1529 PUBLIC LAW 108–357—OCT. 22, 2004 and Domestic Allotment Act (16 U.S.C. 590h) for the county or other area in which the farming operation of the person is located. (c) ROLE OF NATIONAL APPEALS DIVISION.—Any adverse deter mination of a county committee under subsection (b) may be appealed to the National Appeals Division established under sub title H of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6991 et seq.). (d) USE OF FINANCIAL INSTITUTIONS.—The Secretary may use a financial institution to manage assets, make contract payments, and otherwise carry out this title. (e) PAYMENT TO FINANCIAL INSTITUTIONS.—The Secretary shall permit a tobacco quota holder or producer of quota tobacco entitled to contract payments to assign to a financial institution the right to receive the contract payments. Upon receiving notification of the assignment, the Secretary shall make subsequent contract pay ments for the tobacco quota holder or producer of quota tobacco directly to the financial institution designated by the tobacco quota holder or producer of quota tobacco. The Secretary shall make information available to tobacco quota holders and producers of quota tobacco regarding their ability to elect to have the Secretary make payments directly to a financial institution under this sub section so that they may obtain a lump sum or other payment. SEC. 625. USE OF ASSESSMENTS AS SOURCE OF FUNDS FOR PAYMENTS. (a) DEFINITIONS.—In this section: (1) BASE PERIOD.—The term ‘‘base period’ means the one year period ending the June 30 before the beginning of a fiscal year. (2) GROSS DOMESTIC VOLUME.—The term ‘‘gross domestic volume’’ means the volume of tobacco products— (A) removed (as defined by section 5702 of the Internal Revenue Code of 1986); and (B) not exempt from tax under chapter 52 of the Internal Revenue Code of 1986 at the time of their removal under that chapter or the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202). (3) MARKET SHARE.—The term ‘‘market share’’ means the share of each manufacturer or importer of a class of tobacco product (expressed as a decimal to the fourth place) of the total volume of domestic sales of the class of tobacco product during the base period for a fiscal year for an assessment under this section. (b) QUARTERLY ASSESSMENTS.— (1) IMPOSITION OF ASSESSMENT.—The Secretary, acting through the Commodity Credit Corporation, shall impose quar terly assessments during each of fiscal years 2005 through 2014, calculated in accordance with this section, on each tobacco product manufacturer and tobacco product importer that sells tobacco products in domestic commerce in the United States during that fiscal year. (2) AMOUNTS.—Beginning with the calendar quarter ending on December 31 of each of fiscal years 2005 through 2014, the assessment payments over each four calendar quarter period shall be sufficient to cover— (A) the contract payments made under sections 622 and 623 during that period; and 7 USC 518d.

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