Sec. 11304. Textile Trust Fund
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There is established in the Treasury of the United States a trust fund, to be known as the Textile Trust Fund , consisting of such amounts as may be transferred to the Textile Trust Fund pursuant to subsection (e), and to be used for the purposes of— reducing the injury to domestic manufacturers resulting from tariffs on cotton fabric that are higher than tariffs on certain apparel articles made of cotton fabric; reducing the injury to domestic manufacturers resulting from tariffs on wool products that are higher than tariffs on certain apparel articles made of wool products; and wool research and promotion .
From amounts in the Textile Trust Fund, the Secretary shall make payments annually, beginning in calendar year 2019, for each of calendar years 2019 through 2023 as follows: From amounts specified in subsection (e)(2)(A), the Secretary shall make payments as follows: Twenty-five percent of such amounts for a calendar year shall be paid to one or more nationally recognized associations established for the promotion of pima cotton for use in textile and apparel goods. Twenty-five percent of such amounts for a calendar year shall be paid to yarn spinners of pima cotton that produce ring spun cotton yarns in the United States, to be allocated to each spinner in an amount that bears the same ratio as— the spinner’s production of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number) from pima cotton in single and plied form during the previous calendar year (as evidenced by an affidavit provided by the spinner that meets the requirements of subsection (c)(1)); bears to the production of the yarns described in clause
(i)during the previous calendar year for all spinners who qualify under this subparagraph. Fifty percent of such amounts for a calendar year shall be paid to manufacturers who cut and sew cotton shirts in the United States who certify that they used imported cotton fabric during the previous calendar year, to be allocated to each such manufacturer in an amount that bears the same ratio as— the dollar value (excluding duty, shipping, and related costs) of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during the previous calendar year (as evidenced by an affidavit provided by the manufacturer that meets the requirements of subsection (c)(2)) used in the manufacturing of men’s and boys’ cotton shirts; bears to the dollar value (excluding duty, shipping, and related costs) of the fabric described in clause
(i)purchased during the previous calendar year by all manufacturers who qualify under this subparagraph. From amounts specified in subsection (e)(2)(B), the Secretary shall make payments as follows: To each eligible manufacturer under paragraph
(3)of section 4002(c) of the Wool Suit and Textile Trade Extension Act of 2004 ( Public Law 108–429 ; 118 Stat. 2600), as amended by section 1633(c) of the Miscellaneous Trade and Technical Corrections Act of 2006 ( Public Law 109–280 ; 120 Stat. 1166) and section 325(b) of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (division C of Public Law 110–343 ; 122 Stat. 3875), and any successor-in-interest to such a manufacturer as provided for under paragraph
(4)of such section 4002(c), that submits an affidavit in accordance with subsection (c)(3) for the year of the payment for calendar years 2019 through 2023, payments in amounts authorized under that paragraph. To each eligible manufacturer under paragraph
(6)of such section 4002(c) for calendar years 2019 through 2023, payments in amounts authorized under that paragraph. The affidavit required by subsection (b)(1)(B)(i) for a calendar year is a notarized affidavit provided by an officer of a producer of ring spun yarns that affirms— that the producer used pima cotton during the year in which the affidavit is filed and during the previous calendar year to produce ring spun cotton yarns in the United States, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form; the quantity, measured in pounds, of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during the previous calendar year; and that the producer maintains supporting documentation showing the quantity of such yarns produced, and evidencing the yarns as ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during the previous calendar year. The affidavit required by subsection (b)(1)(C)(i) for a calendar year is a notarized affidavit provided by an officer of a manufacturer of men’s and boys’ shirts that affirms— that the manufacturer used imported cotton fabric during the year in which the affidavit is filed and during the previous calendar year, to cut and sew men’s and boys’ woven cotton shirts in the United States; the dollar value of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during the previous calendar year; that the manufacturer maintains invoices along with other supporting documentation (such as price lists and other technical descriptions of the fabric qualities) showing the dollar value of such fabric purchased, the date of purchase, and evidencing the fabric as woven cotton fabric of 80s or higher count and 2-ply in warp; and that the fabric was suitable for use in the manufacturing of men’s and boys’ cotton shirts. For purposes of the affidavit under subparagraph (A), the date of purchase shall be the invoice date, and the dollar value shall be determined excluding duty, shipping, and related costs. Any person required to provide an affidavit under this section shall file the affidavit with the Secretary or as directed by the Secretary for any of calendar years 2019 through 2023, not later than March 15 of that calendar year. In any calendar year in which the suspension of duty on wool products described in subparagraphs
(B)and
(C)is not in effect, the amount of any payment described in subsection (b)(2) to a manufacturer or successor-in-interest shall be increased by an amount the Secretary, after consultation with the Secretary of Commerce, determines is equal to the amount the manufacturer or successor-in-interest would have saved during the calendar year of the payment if the suspension of duty on such wool products were in effect. With respect to fabrics of worsted wool described in clause (ii), subparagraph
(A)shall be applied by substituting rate of duty on such wool products was 10 percent for suspension of duty on such wool products were in effect . Fabrics of worsted wool described in this paragraph are fabrics of worsted wool— with average fiber diameters greater than 18.5 micron; and containing 85 percent or more by weight of wool. Subparagraph
(A)applies with respect to the following: Yarn, of combed wool, not put up for retail sale, containing 85 percent or more by weight of wool, formed with wool fibers having average diameters of 18.5 micron or less. Wool fiber, waste, garnetted stock, combed wool, or wool top, the foregoing having average fiber diameters of 18.5 micron or less. Fabrics of combed wool, containing 85 percent or more by weight of wool, with wool yarns of average fiber diameters of 18.5 micron or less, certified by the importer as suitable for use in making men’s and boys suits, suit-type jackets, or trousers and must be imported for the benefit of persons who cut and sew such clothing in the United States. Fabrics of combed wool, containing 85 percent or more by weight of wool, with wool yarns of average fiber diameters of 18.5 micron or less, certified by the importer as suitable for use in making men’s and boys suits, suit-type jackets, or trousers and must be imported for the benefit of persons who weave worsted wool fabric suitable for use in such clothing in the United States. A determination of the Secretary under this paragraph shall be final and not subject to appeal or protest. The Secretary shall make a payment under subsection
(b)for each of calendar years 2019 through 2023, not later than April 15 of the year of the payment. Of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Textile Trust Fund $25,250,000 for each of calendar years 2019 through 2023. Of the funds transferred under paragraph
(1)for a calendar year— $8,000,000 shall be available for distribution under subsection (b)(1); $15,000,000 shall be available for distribution under subsection (b)(2); and notwithstanding subsection
(f)of section 506 of the Trade and Development Act of 2000 ( 7 U.S.C. 7101 note; Public Law 106–200 ), $2,250,000 shall be available to provide grants described in subsection
(d)of such section. In addition to funds made available under paragraph (1), of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out section 209 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1627a ), $2,000,000 for fiscal year 2019, to remain available until expended. Amounts transferred to the Textile Trust Fund pursuant to this subsection shall remain available until expended.
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- Pub. L. 108-429
- 118 Stat. 2600
- Pub. L. 109-280
- 120 Stat. 1166
- Pub. L. 110-343
- 122 Stat. 3875
- Pub. L. 106-200
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cites case law
Sec. 11304
Textile Trust Fund
Pub. L.Pub. L. 108-429
Stat.118 Stat. 2600
Pub. L.Pub. L. 109-280
Stat.120 Stat. 1166
Pub. L.Pub. L. 110-343
Cites 9 · showing 7Cited by 0 across 0 sources