Title 7, AgricultureRelease 119-110

§7937 Special Marketing Loan Provisions for Upland Cotton

Title 7 › CHAPTER 106 — COMMODITY PROGRAMS › SUBCHAPTER II — MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS › § 7937

Last updated Sep 22, 2026|Official source

Summary

Creates two programs that let more upland cotton be imported under low tariffs when U.S. prices get high. From May 13, 2002, through July 31, 2008, the Secretary checks prices and can open a special import quota if foreign-delivered U.S. cotton is more than 1.25 cents per pound higher than the world price over a 4-week period. If the Secretary estimates the season-ending U.S. stocks-to-use ratio is below 16 percent, the U.S. price quote is used without adjustment. Until July 31, 2006, the Secretary ignores the 1.25-cent cutoff when doing the price check. A special quota equals one week’s mill consumption based on the most recent 3 months. Cotton under that quota must be bought within 90 days of the announcement and entered into the U.S. within 180 days. Total special-quota imports in a marketing year cannot exceed the equivalent of 5 weeks’ consumption. The quota gets in-quota tariff treatment under certain customs rules. Special quotas may overlap other special quotas, but not a limited global quota. A limited global import quota starts when a month’s base-quality upland cotton price in designated markets is over 130 percent of the 36-month average. That quota is 21 days of mill consumption (or, if one ran in the past 12 months, the smaller of 21 days or the amount needed to raise supply to 130 percent of demand). Cotton entered under this quota may be admitted during the 90 days after it is set. Definitions: “special import quota” and “limited global import quota” — imports not subject to the over-quota tariff; “supply” — carryover, current production, and imports (adjusted to 480‑pound bales); “demand” — recent 3‑month mill use and either 6‑year average exports or current exports plus outstanding export sales.

Full Legal Text

Title 7, §7937

Agriculture, Source: USLM XML via OLRC

(a)Repealed. Pub. L. 109–171, title I, § 1103(a)(1), Feb. 8, 2006, 120 Stat. 5
(b)Special import quota
(1)Establishment
(A)In general
The President shall carry out an import quota program during the period beginning on May 13, 2002, through July 31, 2008, 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 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.
(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.
(E)Delayed application of threshold
Through July 31, 2006, the Secretary shall make the calculation under subparagraph (B) without regard to the 1.25 cent threshold provided under that subparagraph.
(2)Quantity
The quota shall be equal to one week’s consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the most recent three 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)Definition
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

2006—Subsec. (a). Pub. L. 109–171, § 1103(a)(1), struck out subsec. (a), which related to cotton user marketing certificates. Subsec. (b)(1)(B). Pub. L. 109–171, § 1103(a)(2)(A), struck out “, adjusted for the value of any certificate issued under subsection (a) of this section,” after “C.I.F. Northern Europe”. Subsec. (b)(1)(C). Pub. L. 109–171, § 1103(a)(2)(B), struck out “, for the value of any certificates issued under subsection (a) of this section” before period at end.

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 Amendment Pub. L. 109–171, title I, § 1103(b), Feb. 8, 2006, 120 Stat. 5, provided that: “The

Amendments

made by this section [amending this section] take effect on August 1, 2006.”

Reference

Citations & Metadata

Citation

7 U.S.C. § 7937

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110