Page:United States Statutes at Large Volume 116 Part 1.djvu/222

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116 STAT. 196 PUBLIC LAW 107-171—MAY 13, 2002

crop year, the Secretary shall reassign the temporary allocation to other processors of beet sugar on a pro rata basis. "(iv) USE OF OTHER FACTORIES TO FILL ALLOCA- TION.— If the transferred allocation to the buyer for the purchased factory or factories cannot be filled by the production of the purchased factory or factories for the initial crop year or a subsequent crop year, the remainder of the transferred allocation may be filled by beet sugar produced by the buyer from other factories of the buyer. "(H) NEW ENTRANTS STARTING PRODUCTION OR REOPENING FACTORIES.— "(i) IN GENERAL.— Except as provided by clause (ii), if an individual or entity that does not have an allocation of beet sugar under this part (referred to in this paragraph as a 'new entrant') starts processing sugar beets after the date of enactment of this subparagraph, or acquires and reopens a factory that produced beet sugar during previous crop years that (at the time of acquisition) has no allocation associated with the factory under this part, the Secretary shall— "(I) assign an allocation for beet sugar to the new entrant that provides a fair and equitable distribution of the allocations for beet sugar; and "(II) reduce the allocations for beet sugar of all other processors on a pro rata basis to reflect the new allocation. "(ii) EXCEPTION.—I f a new entrant acquires and reopens a factory that previously produced beet sugar from sugar beets and from sugar beet molasses but the factory last processed sugar beets during the 1997 crop year and the new entrant starts to process sugar beets at such factory after the date of enactment of this clause, the Secretary shall— "(I) assign an allocation for beet sugar to the new entrant that is not less than the greater of 1.67 percent of the total of the adjusted weighted average quantities of beet sugar produced by all processors during the 1998 through 2000 crop years as determined under subsection (b)(2)(C), or 1,500,000 hundredweights; and "(II) reduce the allocations for beet sugar of all other processors on a pro rata basis to reflect the new allocation. " (I) NEW ENTRANTS ACQUIRING ONGOING FACTORIES WITH PRODUCTION HISTORY.— If a new entrant acquires a factory that has production history during the period of the 1998 through 2000 crop years and that is producing beet sugar at the time the allocations are made from a processor that has an allocation of beet sugar, the Secretary shall transfer a portion of the allocation of the seller to the new entrant to reflect the historical contribution of the production of the sold factory to the total allocation of the seller.