118 STAT. 1530 PUBLIC LAW 108–357—OCT. 22, 2004 (B) other expenditures from the Tobacco Trust Fund made during the base quarter periods corresponding to the four calendar quarters of that period. (3) DEPOSIT.—Assessments collected under this section shall be deposited in the Tobacco Trust Fund. (c) ASSESSMENTS FOR CLASSES OF TOBACCO PRODUCTS.— (1) INITIAL ALLOCATION.—The percentage of the total amount required by subsection (b) to be assessed against, and paid by, the manufacturers and importers of each class of tobacco product in fiscal year 2005 shall be as follows: (A) For cigarette manufacturers and importers, 96.331 percent. (B) For cigar manufacturers and importers, 2.783 per cent. (C) For snuff manufacturers and importers, 0.539 per cent. (D) For roll your own tobacco manufacturers and importers, 0.171 percent. (E) For chewing tobacco manufacturers and importers, 0.111 percent. (F) For pipe tobacco manufacturers and importers, 0.066 percent. (2) SUBSEQUENT ALLOCATIONS.—For subsequent fiscal years, the Secretary shall periodically adjust the percentage of the total amount required under subsection (b) to be assessed against, and paid by, the manufacturers and importers of each class of tobacco product specified in paragraph (1) to reflect changes in the share of gross domestic volume held by that class of tobacco product. (3) EFFECT OF INSUFFICIENT AMOUNTS.—If the Secretary determines that the assessment imposed under subsection (b) will result in insufficient amounts to carry out this subtitle during a fiscal year, the Secretary shall assess such additional amounts as the Secretary determines to be necessary to carry out this subtitle during that fiscal year. The additional amount shall be allocated to manufacturers and importers of each class of tobacco product specified in paragraph (1) in the same manner and based on the same percentages applicable under paragraph (1) or (2) for that fiscal year. (d) NOTIFICATION AND TIMING OF ASSESSMENTS.— (1) NOTIFICATION OF ASSESSMENTS.—The Secretary shall provide each manufacturer or importer subject to an assessment under subsection (b) with written notice setting forth the amount to be assessed against the manufacturer or importer for each quarterly payment period. The notice for a quarterly period shall be provided not later than 30 days before the date payment is due under paragraph (3). (2) CONTENT.—The notice shall include the following information with respect to the quarterly period used by the Secretary in calculating the amount: (A) The total combined assessment for all manufactur ers and importers of tobacco products. (B) The total assessment with respect to the class of tobacco products manufactured or imported by the manu facturer or importer. Deadline.
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