Title 7, AgricultureRelease 119-110

§7236 Special Marketing Loan Provisions for Upland Cotton

Title 7 › CHAPTER 100 — AGRICULTURAL MARKET TRANSITION › SUBCHAPTER III — NONRECOURSE MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS › § 7236

Last updated Sep 22, 2026|Official source

Summary

The Secretary must give marketing certificates or cash (recipient’s choice) to U.S. cotton users and exporters through July 31, 2003, when two price tests are met after a consecutive four-week period. First, the weekly (Friday-to-Thursday) average price quote for the lowest-priced U.S. growth, quoted as Middling (M) 13/32-inch cotton delivered C.I.F. Northern Europe, is more than 1.25 cents per pound above the Northern Europe price. Second, the world market price for upland cotton (adjusted to U.S. quality and location) is no more than 134 percent of the upland cotton loan rate. The certificate or cash value equals the price difference in the fourth week minus 1.25 cents per pound, multiplied by the documented quantity sold. The Secretary will set rules for cashing, trading, or exchanging certificates for commodities the Commodity Credit Corporation owns or holds as collateral, will allow owners to pick preferred commodities or storage when practical, and will allow transfers under regulations. The President must run two kinds of import quota programs. A special import quota (in effect through July 31, 2003) starts immediately when the Secretary finds that the Friday-to-Thursday U.S. price (adjusted for any certificate value) exceeds the Northern Europe price by more than 1.25 cents, unless the Secretary estimates the season-ending U.S. stocks-to-use ratio will be below 16 percent (in which case certificate values are not used in the price test). That special quota equals one week’s domestic mill consumption (seasonally adjusted three-month average), applies to cotton purchased within 90 days and entered within 180 days of the announcement, and may overlap other special quota periods but not quotas from the next program. A limited global import quota starts when the monthly average base-quality price in designated markets exceeds 130 percent of its 36-month average. That quota equals 21 days’ domestic mill consumption (with adjusted rules if a quota occurred in the prior 12 months), may be entered within 90 days, cannot overlap other quota periods, and both quotas get in-quota tariff treatment. Supply and demand definitions and the 5-week annual cap on special-quota imports are used to calculate quantities.

Full Legal Text

Title 7, §7236

Agriculture, Source: USLM XML via OLRC

(a)Cotton user marketing certificates
(1)Issuance
During the period ending July 31, 2003, the Secretary shall issue marketing certificates or cash payments, at the option of the recipient, to domestic users and exporters for documented purchases by domestic users and sales for export by exporters made in the week following a consecutive 4-week period in which—
(A)the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 13⁄32-inch cotton, delivered C.I.F. Northern Europe exceeds the Northern Europe price by more than 1.25 cents per pound; and
(B)the prevailing world market price for upland cotton (adjusted to United States quality and location) does not exceed 134 percent of the loan rate for upland cotton established under section 7232 of this title.
(2)Value of certificates or payments
The value of the marketing certificates or cash payments shall be based on the amount of the difference (reduced by 1.25 cents per pound) in the prices during the 4th week of the consecutive 4-week period multiplied by the quantity of upland cotton included in the documented sales.
(3)Administration of marketing certificates
(A)Redemption, marketing, or exchange
The Secretary shall establish procedures for redeeming marketing certificates for cash or marketing or exchange of the certificates for agricultural commodities owned by the Commodity Credit Corporation or pledged to the Commodity Credit Corporation as collateral for a loan in such manner, and at such price levels, as the Secretary determines will best effectuate the purposes of cotton user marketing certificates, including enhancing the competitiveness and marketability of United States cotton. Any price restrictions that would otherwise apply to the disposition of agricultural commodities by the Commodity Credit Corporation shall not apply to the redemption of certificates under this subsection.
(B)Designation of commodities and products
To the extent practicable, the Secretary shall permit owners of certificates to designate the commodities and products, including storage sites, the owners would prefer to receive in exchange for certificates.
(C)Transfers
Marketing certificates issued to domestic users and exporters of upland cotton may be transferred to other persons in accordance with regulations issued by the Secretary.
(b)Special import quota
(1)Establishment
(A)In general
The President shall carry out an import quota program during the period ending July 31, 2003, as provided in this subsection.
(B)Program requirements
Except as provided in subparagraph (C), whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 13⁄32-inch cotton, delivered C.I.F. Northern Europe, adjusted for the value of any certificate issued under subsection (a), exceeds the Northern Europe price by more than 1.25 cents per pound, there shall immediately be in effect a special import quota.
(C)Tight domestic supply
During any month for which the Secretary estimates the season-ending United States upland cotton stocks-to-use ratio, as determined under subparagraph (D), to be below 16 percent, the Secretary, in making the determination under subparagraph (B), shall not adjust the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 13⁄32-inch cotton, delivered C.I.F. Northern Europe, for the value of any certificates issued under subsection (a).
(D)Season-ending United States stocks-to-use ratio
For the purposes of making estimates under subparagraph (C), the Secretary shall, on a monthly basis, estimate and report the season-ending United States upland cotton stocks-to-use ratio, excluding projected raw cotton imports but including the quantity of raw cotton that has been imported into the United States during the marketing year.
(2)Quantity
The quota shall be equal to 1 week’s consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the most recent 3 months for which data are available.
(3)Application
The quota shall apply to upland cotton purchased not later than 90 days after the date of the Secretary’s announcement under paragraph (1) and entered into the United States not later than 180 days after the date.
(4)Overlap
A special quota period may be established that overlaps any existing quota period if required by paragraph (1), except that a special quota period may not be established under this subsection if a quota period has been established under subsection (c).
(5)Preferential tariff treatment
The quantity under a special import quota shall be considered to be an in-quota quantity for purposes of— (A)
(C)section 2463(d) of title 19; and
(D)General Note 3(a)(iv) to the Harmonized Tariff Schedule.
(6)“Special import quota” defined
In this subsection, the term “special import quota” means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.
(7)Limitation
The quantity of cotton entered into the United States during any marketing year under the special import quota established under this subsection may not exceed the equivalent of 5 week’s consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the 3 months immediately preceding the first special import quota established in any marketing year.
(c)Limited global import quota for upland cotton
(1)In general
The President shall carry out an import quota program that provides that whenever the Secretary determines and announces that the average price of the base quality of upland cotton, as determined by the Secretary, in the designated spot markets for a month exceeded 130 percent of the average price of such quality of cotton in the markets for the preceding 36 months, notwithstanding any other provision of law, there shall immediately be in effect a limited global import quota subject to the following conditions:
(A)Quantity
The quantity of the quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which data are available.
(B)Quantity if prior quota
If a quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated under subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand.
(C)Preferential tariff treatment
The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of— (i)
(iii)section 2463(d) of title 19; and
(iv)General Note 3(a)(iv) to the Harmonized Tariff Schedule.
(D)Definitions
In this subsection: (i) Supply
(ii)Demand (iii) Limited global import quota
The term “demand” means—
(I)the average seasonally adjusted annual rate of domestic mill consumption during the most recent 3 months for which data are available; and
(II)the larger of—
(aa)average exports of upland cotton during the preceding 6 marketing years; or
(bb)cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established.
(E)Quota entry period
When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary.
(2)No overlap
Notwithstanding paragraph (1), a quota period may not be established that overlaps an existing quota period or a special quota period established under subsection (b).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Harmonized Tariff Schedule, referred to in subsecs. (b)(5)(D) and (c)(1)(C)(iv), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties.

Amendments

1999—Subsec. (a)(1). Pub. L. 106–78, § 806(a)(1), substituted “or cash payments, at the option of the recipient,” for “or cash payments” in introductory provisions. Subsec. (a)(1)(A), (2). Pub. L. 106–78, § 806(a)(2), substituted “1.25 cents per pound” for “3 cents per pound”. Subsec. (a)(3)(A). Pub. L. 106–78, § 806(a)(3)(A), substituted “owned by the Commodity Credit Corporation or pledged to the Commodity Credit Corporation as collateral for a loan in such manner, and at such price levels, as the Secretary determines will best effectuate the purposes of cotton user marketing certificates, including enhancing the competitiveness and marketability of United States cotton” for “owned by the Commodity Credit Corporation in such manner, and at such price levels, as the Secretary determines will best effectuate the purposes of cotton user marketing certificates” in first sentence. Subsec. (a)(3)(B). Pub. L. 106–78, § 806(a)(3)(B), struck out at end “If any certificate is not presented for redemption, marketing, or exchange within a reasonable number of days after the issuance of the certificate (as determined by the Secretary), reasonable costs of storage and other carrying charges, as determined by the Secretary, shall be deducted from the value of the certificate for the period beginning after the reasonable number of days and ending with the date of the presentation of the certificate to the Commodity Credit Corporation.” Subsec. (a)(4). Pub. L. 106–78, § 806(a)(4), struck out heading and text of par. (4). Text read as follows: “Total expenditures under this subsection shall not exceed $701,000,000 during fiscal years 1996 through 2002.” Subsec. (b)(1). Pub. L. 106–78, § 806(b)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “The President shall carry out an import quota program that provides that, during the period ending July 31, 2003, whenever the Secretary determines and announces that for any consecutive 10-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 13⁄32-inch cotton, delivered C.I.F. Northern Europe, adjusted for the value of any certificates issued under subsection (a) of this section, exceeds the Northern Europe price by more than 3 cents per pound, there shall immediately be in effect a special import quota.” Subsec. (b)(7). Pub. L. 106–78, § 806(b)(2), added par. (7). 1998—Subsecs. (a)(1)(A), (2), (b)(1). Pub. L. 105–277 substituted “3 cents” for “1.25 cents”. 1997—Subsec. (a)(1). Pub. L. 105–86, § 731(1), in introductory provisions substituted “During” for “Subject to paragraph (4), during” and in subpar. (B) substituted “134” for “130”. Subsec. (a)(4), (5). Pub. L. 105–86, § 731(2), (3) redesignated par. (5) as (4) and struck out heading and text of former par. (4). Text read as follows: “The Secretary shall not issue marketing certificates or cash payments under paragraph (1) if, for the immediately preceding consecutive 10-week period, the Friday through Thursday average price quotation for the lowest priced United States growth, as quoted for Middling (M) 13⁄32-inch cotton, delivered C.I.F. Northern Europe, adjusted for the value of any certificate issued under this subsection, exceeds the Northern Europe price by more than 1.25 cents per pound.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1997 Amendment Pub. L. 105–86, title VII, § 731, Nov. 18, 1997, 111 Stat. 2108, provided that the amendment made by that section is effective on Oct. 1, 1998.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7236

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110