Page:United States Statutes at Large Volume 116 Part 2.djvu/166
116 STAT. 948 PUBLIC LAW 107-210—AUG. 6, 2002 19 USC 2401b. Deadline. Federal Register, publication. Federal Register, publication. the 5 marketing years preceding the most recent marketing year; and "(2) that increases in imports of articles Hke or directly competitive with the agricultural commodity, or class of goods within the agricultural commodity, produced by the group contributed importantly to the decline in price described in paragraph (1). "(d) SPECIAL RULE FOR QUALIFIED SUBSEQUENT YEARS. —A group of agricultural commodity producers certified as eligible under section 293 shall be eligible to apply for assistance under this chapter in any qualified year after the year the group is first certified, if the Secretary determines that— "(1) the national average price for the agricultural commodity, or class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is equal to or less than the price determined under subsection (c)(1); and "(2) the requirements of subsection (c)(2) are met. "(e) DETERMINATION OF QUALIFIED YEAR AND COMMODITY.— In this chapter: "(1) QUALIFIED YEAR.—The term 'qualified year', with respect to a group of agricultural commodity producers certified as eligible under section 293, means each consecutive year after the year in which the group is certified and in which the Secretary makes the determination under subsection (c) or (d), as the case may be. "(2) CLASSES OF GOODS WITHIN A COMMODITY. — In any case in which there are separate classes of goods within an agricultural commodity, the Secretary shall treat each class as a separate commodity in determining group eligibility, the national average price, and level of imports under this section and section 296. "SEC. 293. DETERMINATIONS BY SECRETARY OF AGRICULTURE. "(a) IN GENERAL.— As soon as practicable after the date on which a petition is filed under section 292, but in any event not later than 40 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 292 (c) or (d), as the case may be, and shall, if the group meets the requirements, issue a certification of eligibility to apply for assistance under this chapter covering agricultural commodity producers in any group that meets the requirements. Each certification shall specify the date on which eligibility under this chapter begins. "(b) NOTICE.— Upon making a determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register, together with the Secretary's reasons for making the determination. "(c) TERMINATION OF CERTIFICATION.— Whenever the Secretary determines, with respect to any certification of eligibility under this chapter, that the decline in price for the agricultural commodity covered by the certification is no longer attributable to the conditions described in section 292, the Secretary shall terminate such certification and promptly cause notice of such termination to be published in the Federal Register, together with the Secretary's reasons for making such determination.