§5676 — Title 7 Agriculture | U.S. Code

Summary

The Secretary may block someone from using certain U.S. export programs (including Title I of the Food for Peace Act and other Commodity Credit Corporation export credit, guarantee, or bonus programs or programs using funds under section 612c) if the farm product they export has been or will be used to support a drawback claim for refund of any federal duty, tax, or fee under 19 U.S.C. 1313(j)(2). For vegetable oil and vegetable oil products, a person must be ineligible if those products have been or will be used for a refund claim under 19 U.S.C. 1313. Anyone applying to use these export programs must certify that the exported goods were not and will not be used to make the refund claims above (and certification for vegetable oil is always required). The Secretary must write rules to carry this out. The rule does not affect exports covered by contracts made before November 28, 1990.

Title 7, §5676

Agriculture — Source: USLM XML via OLRC

(a)The Secretary may provide that a person shall be ineligible for participation in an export program established under title I of the Food for Peace Act [7 U.S.C. 1701 et seq.], or in any other export credit, credit guarantee, bonus, or other export program carried out through, or administered by, the Commodity Credit Corporation or carried out with funds made available pursuant to section 612c of this title with respect to the export of any agricultural commodity or product that has been or will be used as the basis for a claim of a refund, as drawback, pursuant to section 1313(j)(2) of title 19, of any duty, tax, or fee imposed under Federal law on an imported commodity or product.

(b)A person shall be ineligible for participation in any of the export programs referred to in subsection (a) with respect to the export of vegetable oil or a vegetable oil product that has been or will be used as the basis for a claim of a refund, as a drawback, pursuant to section 1313 of title 19, of any duty, tax, or fee imposed under Federal law on an imported commodity or product.

(c)If the Secretary takes action under the authority granted under subsection (a), a person applying to export any agricultural commodity under the export programs referred to in subsection (a) shall certify that none of the commodity has been or will be used as the basis of a claim for any refund specified in subsection (a), except that regardless of whether the Secretary takes action under the authority granted under subsection (a), a person applying to export any vegetable oil or vegetable oil product under such programs shall certify that none of the vegetable oil or vegetable oil product has been or will be used as the basis of a claim for any refund specified in subsection (b).

(d)The Secretary shall promulgate regulations to carry out this section.

(e)This section shall not apply to quantities of agricultural commodities and products with respect to which an exporter has entered into a contract, prior to November 28, 1990, for an export sale.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Food for Peace Act, referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat. 454. Title I of the Act is classified generally to subchapter II (§ 1701 et seq.) of chapter 41 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1691 of this title and Tables.

Amendments

2008—Subsec. (a). Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”. 1991—Subsec. (e). Pub. L. 102–237 substituted “November 28, 1990” for “the

Effective Date

of this section”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an

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note under section 8701 of this title.

§5676 Limitation on Use of Certain Export Promotion Programs

Summary

Title 7, §5676

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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