Page:United States Statutes at Large Volume 122.djvu/1740

 12 2 STA T . 1 7 17 PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 (j)ADMIN I STRA TI O NO FT ARIFF R AT EQU OTAS .—PartVI I ofsub- t i t leB of title III of t h eA g ri c ultural A d just m e n tActof 1938 ( 7U . S . C . 13 5 9aa) (as amended b y subsection (i)) is amended by adding at the end the follo w ing

‘ SEC.359k . ADMIN IS TR ATI O NO F TARIFF RATE QU OTAS. ‘ ‘(a) E STA BL IS H MENT.— ‘‘(1) IN G ENERAL.—E x ce p taspro v ided in paragraph ( 2 ) and notwithstanding any other provision of law , at the begin- ning of the q uota year, the Secretary shall establish the tariff- rate quotas for raw cane sugar and refined sugars at the minimum level necessary to comply with obligations under international trade agreements that have been approved by Congress. ‘‘(2) E XC E P TION.—Paragraph (1) shall not apply to specialty sugar. ‘‘(b) AD J USTMENT.— ‘‘(1) BEFORE APRIL 1 .—Before April 1 of each fiscal year, if there is an emergency shortage of sugar in the United States mar k et 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 359c(b)(2) and 359e(b), 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 maximi z ed, 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 15 6 of the F ederal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272). ‘‘(2) O N 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 359c(b)(2) and 359e(b), 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 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272). ’ ’. (k) PERIOD OF EFFECTI V ENESS.—Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa) (as amended by subsection (j)) is amended by adding at the end the following: ‘‘SEC. 359 l. P ERIOD OF EFFECTI V ENESS. ‘‘(a) IN G ENERAL.—This part shall be effective only for the 2 0 08 through 2012 crop years for sugar. 7USC1359l l .Deadlin e s . 7 USC 1359 k k.

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