Sec. 12314. PIMA AGRICULTURE COTTON TRUST FUND
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## SEC. 12314 PIMA AGRICULTURE COTTON TRUST FUND **[**[7 U.S.C. 2101 note](/us/usc/t7/s2101)**]** ###
(a)Establishment of Trust Fund There is established in the Treasury of the United States a trust fund to be known as the “Pima Agriculture Cotton Trust Fund” (in this section referred to as the “Trust Fund”), consisting of such amounts as may be transferred to the Trust Fund pursuant to subsection (h), and to be used for the purpose 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. ###
(b)Distribution of Funds From amounts in the Trust Fund, the Secretary shall make payments annually beginning in calendar year 2014 for calendar years 2014 through 2031 as follows: ####
(1)Twenty-five percent of the amounts in the Trust Fund shall be paid to one or more nationally recognized associations established for the promotion of pima cotton for use in textile and apparel goods. ####
(2)#####
(A)Except as provided in subparagraph (B), twenty-five percent of the amounts in the Trust Fund 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— ######
(i)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 prior calendar year (as evidenced by an affidavit provided by the spinner that meets the requirements of subsection (c)), bears to— ######
(ii)the production of the yarns described in clause
(i)during the prior calendar year for all spinners who qualify under this paragraph. #####
(B)######
(i)A yarn spinner shall not receive an amount under subparagraph
(A)that exceeds the cost of pima cotton that— ######
(I)was purchased during the prior calendar year; and ######
(II)was used in spinning any cotton yarns. ######
(ii)The Secretary shall reallocate any amounts reduced by reason of the limitation under clause
(i)to spinners using the ratio described in subparagraph (A), disregarding production of any spinner subject to that limitation. ####
(3)Fifty percent of the amounts in the Trust Fund 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 prior calendar year, to be allocated to each such manufacturer in an amount that bears the same ratio as— #####
(A)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 prior calendar year (as evidenced by an affidavit provided by the manufacturer that meets the requirements of subsection (d)) used in the manufacturing of men’s and boys’ cotton shirts, bears to— #####
(B)the dollar value (excluding duty, shipping, and related costs) of the fabric described in subparagraph
(A)purchased during the prior calendar year by all manufacturers who qualify under this paragraph. ###
(c)Affidavit of Yarn Spinners The affidavit required by subsection (b)(2)(A)(i) is a notarized affidavit provided annually by an officer of a producer of ring spun yarns that affirms— ####
(1)that the producer used pima cotton during the year in which the affidavit is filed and during the prior 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; ####
(2)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 prior calendar year; ####
(3)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 prior calendar year; and ####
(4)the dollar amount of pima cotton purchased during the prior calendar year— #####
(A)that was used in spinning any cotton yarns; and #####
(B)for which the producer maintains supporting documentation. ###
(d)Affidavit of Shirting Manufacturers ####
(1)In general The affidavit required by subsection (b)(3)(A) is a notarized affidavit provided annually by an officer of a manufacturer of men’s and boys’ shirts that affirms— #####
(A)that the manufacturer used imported cotton fabric during the year in which the affidavit is filed and during the prior calendar year, to cut and sew men’s and boys’ woven cotton shirts in the United States; #####
(B)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 prior calendar year; #####
(C)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 #####
(D)that the fabric was suitable for use in the manufacturing of men’s and boys’ cotton shirts. ####
(2)Date of purchase For purposes of the affidavit under paragraph (1), the date of purchase shall be the invoice date, and the dollar value shall be determined excluding duty, shipping, and related costs. ###
(e)Filing Deadline for Affidavits Any person required to provide an affidavit under this section shall file the affidavit with the Secretary or as directed by the Secretary not later than March 15 of the applicable calendar year. ###
(f)Timing of Distributions The Secretary shall make a payment under paragraph
(2)or
(3)of subsection
(b)not later than the date that is 30 days after the filing of the affidavit required with respect to that payment. ###
(g)Memorandum of Understanding The Secretary and the Commissioner responsible for U.S. Customs and Border Protection shall, as soon as practicable after the date of the enactment of this Act, negotiate a memorandum of understanding to establish procedures pursuant to which the Commissioner will assist the Secretary in carrying out the provisions of this section. ###
(h)Funding Of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Trust Fund $16,000,000 for each of calendar years 2014 through 2031, to remain available until expended.
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Sec. 12314
PIMA AGRICULTURE COTTON TRUST FUND
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