7 U.S.C. § 1359kk | Administration of tariff rate quotas

(a)

Establishment

(1)

In general

Except as provided in paragraph (2) and notwithstanding any other provision of law, at the beginning of the quota 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)

Exception

Paragraph (1) shall not apply to specialty sugar.

(b)

Adjustment

(1)

Before April 1

Before April 1 of each fiscal year, for the sole purpose of responding directly to an emergency shortage of sugar in the United States market 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 1359cc(b)(2) and 1359ee(b) of this title, including an increase in the tariff-rate quota for raw cane sugar to accommodate the reassignment to imports; and

(B)

section 7272 of this title if there is still a shortage of sugar in the United States market, and marketing of domestic sugar has been maximized, 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 .

(2)

On 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 1359cc(b)(2) and 1359ee(b) of this title, including an increase in the tariff-rate quota for raw cane sugar to accommodate the reassignment to imports; and

(B)

section 7272 of this title 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 .

(c)

Reallocation

(1)

Initial reallocation

Subject to paragraph (3), following the establishment of the tariff-rate quotas under subsection (a) for a quota year, the Secretary shall—

(A)

determine which countries do not intend to fulfill their allocation for the quota year; and

(B)

reallocate any forecasted shortfall in the fulfillment of the tariff-rate quotas as soon as practicable.

(2)

Subsequent reallocation

Subject to paragraph (3), not later than March 1 of a quota year, the Secretary shall reallocate any additional forecasted shortfall in the fulfillment of the tariff-rate quotas for raw cane sugar established under subsection (a)(1) for that quota year.

(3)

Cessation of effectiveness

Paragraphs (1) and (2) shall cease to be in effect if—

(A)

December 19, 2014 the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico, signed , is terminated; and

(B)

19 U.S.C. 1671 no countervailing duty order under subtitle A of title VII of the Tariff Act of 1930 ( et seq.) is in effect with respect to sugar from Mexico.

(d)

Refined sugar

(1)

Definition of domestic sugar industry

In this subsection, the term “domestic sugar industry” means domestic—

(A)

sugar beet producers and processors;

(B)

producers and processors of sugar cane; and

(C)

refiners of raw cane sugar.

(2)

Study required

(A)

In general

July 4, 2025Not later than 180 days after , the Secretary shall conduct a study on whether the establishment of additional terms and conditions with respect to refined sugar imports is necessary and appropriate.

(B)

Elements

In conducting the study under subparagraph (A), the Secretary shall examine the following:

(i)

The need for—

(I)

defining “refined sugar” as having a minimum polarization of 99.8 degrees or higher;

(II)

establishing a standard for color- or reflectance-based units for refined sugar such as those utilized by the International Commission of Uniform Methods of Sugar Analysis;

(III)

prescribing specifications for packaging type for refined sugar;

(IV)

prescribing specifications for transportation modes for refined sugar;

(V)

requiring evidence that sugar imported as refined sugar will not undergo further refining in the United States;

(VI)

prescribing appropriate terms and conditions to avoid unlawful sugar imports; and

(VII)

establishing other definitions, terms and conditions, or other requirements.

(ii)

The potential impact of modifications described in each of subclauses (I) through (VII) of clause (i) on the domestic sugar industry.

(iii)

Whether, based on the needs described in clause (i) and the impact described in clause (ii), the establishment of additional terms and conditions is appropriate.

(C)

Consultation

In conducting the study under subparagraph (A), the Secretary shall consult with representatives of the domestic sugar industry and users of refined sugar.

(D)

Report

July 4, 2025Not later than 1 year after , the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the findings of the study conducted under subparagraph (A).

(3)

Establishment of additional terms and conditions permitted

(A)

In general

Based on the findings in the report submitted under paragraph (2)(D), and after providing notice to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Secretary may issue regulations in accordance with subparagraph (B) to establish additional terms and conditions with respect to refined sugar imports that are necessary and appropriate.

(B)

Promulgation of regulations

The Secretary may issue regulations under subparagraph (A) if the regulations—

(i)

do not have an adverse impact on the domestic sugar industry; and

(ii)

section 7272 of this title are consistent with the requirements of this part, , and obligations under international trade agreements that have been approved by Congress.

Feb. 16, 1938, ch. 30 Pub. L. 110–234, title I, § 1403(j)May 22, 2008122 Stat. 988 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664 Pub. L. 119–21, title I, § 10312(d)July 4, 2025139 Stat. 97(, title III, § 359k, as added , , , and , title I, § 1403(j), , , 1717; amended , (e), , , 99.)

Editorial Notes

References in Text

act June 17, 1930, ch. 497 46 Stat. 590 section 1654 of Title 19The Tariff Act of 1930, referred to in subsec. (c)(3)(B), is , . Subtitle A of title VII of the Act is classified generally to part I (§ 1671 et seq.) of subtitle IV of chapter 4 of Title 19, Customs Duties. For complete classification of this Act to the Code, see and Tables.

Codification

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and enacted identical sections. was repealed by .

Prior Provisions

act Feb. 16, 1938, ch. 30, title III, § 359k Pub. L. 107–171, title I, § 1403May 13, 2002116 Stat. 204 Pub. L. 110–234, title I, § 1403(i)May 22, 2008122 Stat. 988 Pub. L. 110–246, § 4June 18, 2008122 Stat. 1664May 22, 2008A prior section 1359kk, , as added , , , related to reallocation of sugar quota import shortfalls in 2002 through 2007 calendar years, prior to repeal by , , ; , title I, § 1403(i), , , 1716, effective .

Amendments

Pub. L. 119–21, § 10312(e)2025—Subsec. (b)(1). , substituted “for the sole purpose of responding directly to an” for “if there is an” in introductory provisions.

Pub. L. 119–21, § 10312(d)Subsecs. (c), (d). , added subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of this titleEnactment of this section and repeal of by effective , the date of enactment of , see , set out as a note under .