Page:United States Statutes at Large Volume 49 Part 1.djvu/810

 74TH CONGRESS. SESS. I. CH. 641. AUGUST 24, 1935 . 765 "(ii) exceeds by more than 10 per centum, put not more than 20 per centum, the fair exchange value thereof, the rate of such tax shall (subject to the provisions of subdivision (A) of this para- gra ph (6)) be adjusted, at the beginning of the next succeeding marketing year, to such rate as equals 15 per centum of the fair exchange value thereof. "(iii) exceeds by more than 20 per centum the fa ir exchange value thereof, the rate of such tax shall (subject to the provisions of subdivision (A) of this paragraph (6 )) be adjus ted, at the beginning of the next succeeding marketing year, to such rate as equals 10 per centum of the fair exchange value thereof. "( C) Any rate of tax which has been adjusted pursuant to this paragraph (6) shall remain at such adjusted rate unless further adjusted or terminated pursuant to this paragraph (6), u ntil Dec em- ber 31, 1937, or until July 31, 1936, in the case of rice . "(D ) In accordance with the formulae, standards, and require. iifents prescribed in this title, any rate of tax prescribed in paragraph (2), (3), (4), or (5) of this subsection or which is established pur- suant to this paragraph (6) shall be increased. "( E) Any tax, the rat e of whi ch is pr escribed in para graph (2), (3), (4), or (5) of this subsection or which is established pursuant to t his para graph (6), shall terminat e pursua nt to pr oclamati on as provided in section 9 (a) of this title or pursuant to section 13 of this title . Any such tax with respect to any basic commodity which terminates pursuant to proclamation as provided in section 9 (a) of this title shall again become effective at the rate prescribed in paragraph (2), (3), (4), or (5) of this subsection, subject however to the provisions of subdivisions (A) and (B) of this paragraph (6), from the beginning of the marketing year for such commodity next following the date of a new proclamation by the Secretary as provided in section 9 (a) of this title, if such marketing year begins prior to December 31, 1937, or prior to July 31, 1936, in the case of rice, and shall remain at such rate until altered or terminated pursuant to the provisions of section 9 or terminated pursuant to section 13 of this title. "(F) After December 31, 1937 (in the case of the commodities specified in paragraphs (2), (4), and ( 5) of th is subse ction), and after July 31, 1936 (in the case of rice), rates of tax shall be de termi ned by the S ecreta ry of Agric ulture in a ccorda nce wi th th e formul ae, stan dards, a nd requi rements prescrib ed in th is title but not in this paragraph (6), and shall, subject to such formulae, standards, and requirements, thereafter be effective . "( G) If the applicability to any person or circumstances of any tax, the rate of which is fixed in pursuance of this paragraph (6), is finally held invalid by reason of any provision of the Constitu- tion, or is finally held invalid by reason of the Secretary of Agri- culture's exercise or failure to exercise any power conferred on him tin der this title, there shall be levied, a ssessed, colle cted, and pai d (in lieu of all rates of tax fixed in pursuance of this paragraph (6) with respect to all tax liabilities incurred under this title on or after the effective date of each of the rates of tax fixed in pursuance of th is paragraph (6)), rates of tax fixed under paragraph (2), (3), (4), or (5), and such rates shall be in effect (unless the particular tax is terminated pursuant to proclamation, as provided in section 9 (a) or pursuant to section 13) until altered by Act of Congress ; exc ept that, for any period pr ior to the ef fective date o f such holdin g of invalidity, the amount of tax which represents the difference be- tween the tax at the rate fixed in pursuance of this paragra h (6) and the tax a t the ra te fixed under p aragraph s ( 2), (3), (4), and (5) shall not be levied, assessed, collected, or paid. P erma nenc y of ad- justed rate. In case of rice. In crease of rate s ac- cor di ng to formulae, etc. Termination of tax. Ante, p. 763. Reestablishment of rates. Dete rmin atio n of rates after December 31, 1937 . Tax rates if fixed rates held invalid. Effectiveness of rates.