Page:United States Statutes at Large Volume 105 Part 3.djvu/683

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PROCLAMATION 6301—JUNE 7, 1991 105 STAT. 2567 age price quotation for the lowest-priced United States growth, as quoted for Middling (M) one and three-thirty-seconds inch cotton, delivered C.I.F. Northern Europe, adjusted for the value of marketing certificates issued to domestic users or exporters for certain documented sales, exceeds the Northern Europe price by more than 1.25 cents per pound, there shall immediately be in effect a special limited global import quota 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. Section 103B(a)(5)(F) further provides that such quota shall apply to upland cotton piu-chased not later than 90 days after the date of the Secretary's announcement and entered into the United States not later than 180 days after such date and that a special quota period may be established that overlaps any existing quota period, except that a special quota period may not be established under this program if a special quota period has been established under subsection (n) of section 103B. 2. Section 103B(n) of the 1949 Act, as added by section 501 of the 1990 Act (7 U.S.C. 1444 -2(n)), requires the President to establish an import quota program which shall provide that whenever the Secretary of Ag- , riculture determines and annoimces that the average price of the base quality of upland cotton, as determined by the Secretary, in designated spot markets for a month exceeded 130 percent of the average price of such quality of cotton in such markets for the preceding 36 months there shall immediately be in effect a special limited global import quota 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; provided that if a special quota had been established under this program during the preceding 12 months, the quantity of the quota next established shall be the smaller of 21 days of domestic mill consumption or the quantity required to increase the supply to 130 percent of the demand. Section 103B{n) further provides that such a special quota shall remain in effect for a 90-day period and that a special quota period may not be established that overlaps an existing quota period or a special quota period established under subsection (a)(5)(F) of section 103B. 3. I find that the Congress intended the special import quotas required by section 103B of the 1949 Act, as amended, to permit the importation of quantities of upland cotton in addition to any quantities permitted to be imported under any quota on imports of upland cotton established pm-suant to the provisions of section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624). 4. By Proclamation No. 6179 of September 13, 1990 (55 FR 38293), the President modified, effective October 1, 1990, the rates of duty and quota limitations applicable to certain imported sugars, syrups, and molasses and, inter alia, provided for certain licensing programs for the importation of raw cane sugar described in subheading 1701.11.02 of the Harmonized Tariff Schedule of the United States (HTS) to be used for the production of certain polyhydric alcohols or to be refined and re-exported in refined form or in sugar-containing products. 5. Taking into account the factors cited in Proclamation No. 6179, and in order to alleviate an unintended hardship which may result to participants in the licensing programs authorized thereby with respect to the time limit for filing certain claims for the refund, as drawback, of