[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2023 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 7
Agriculture
________________________
Parts 27 to 52
Revised as of January 1, 2020
Containing a codification of documents of general
applicability and future effect
As of January 1, 2020
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 7:
SUBTITLE B--Regulations of the Department of Agriculture
Chapter I--Agricultural Marketing Service
(Standards, Inspections, Marketing Practices),
Department of Agriculture 5
Finding Aids:
Table of CFR Titles and Chapters........................ 565
Alphabetical List of Agencies Appearing in the CFR...... 585
List of CFR Sections Affected........................... 595
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 7 CFR 27.1 refers to
title 7, part 27, section
1.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
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Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
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[[Page vi]]
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[[Page vii]]
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Oliver A. Potts,
Director,
Office of the Federal Register
January 1, 2020
[[Page ix]]
THIS TITLE
Title 7--Agriculture is composed of fifteen volumes. The parts in
these volumes are arranged in the following order: Parts 1-26, 27-52,
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1759, 1760-1939, 1940-1949, 1950-1999, and part 2000 to end.
The contents of these volumes represent all current regulations codified
under this title of the CFR as of January 1, 2020.
The Food and Nutrition Service current regulations in the volume
containing parts 210-299, include the Child Nutrition Programs and the
Food Stamp Program. The regulations of the Federal Crop Insurance
Corporation are found in the volume containing parts 400-699.
All marketing agreements and orders for fruits, vegetables and nuts
appear in the one volume containing parts 900-999. All marketing
agreements and orders for milk appear in the volume containing parts
1000-1199.
For this volume, Ann Worley was Chief Editor. The Code of Federal
Regulations publication program is under the direction of John Hyrum
Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 7--AGRICULTURE
(This book contains parts 27 to 52)
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SUBTITLE B--Regulations of the Department of Agriculture
Part
chapter i--Agricultural Marketing Service (Standards,
Inspections, Marketing Practices), Department of
Agriculture............................................... 27
[[Page 3]]
Subtitle B--Regulations of the Department of Agriculture
[[Page 5]]
CHAPTER I--AGRICULTURAL MARKETING SERVICE (STANDARDS, INSPECTIONS,
MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE
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Editorial Note: Nomenclature changes to chapter I appear at 69 FR
18803, Apr. 9, 2004.
SUBCHAPTER A--COMMODITY STANDARDS AND STANDARD CONTAINER REGULATIONS
Part Page
27 Cotton classification under cotton futures
legislation............................. 7
28 Cotton classing, testing, and standards..... 19
29 Tobacco inspection.......................... 54
30 Tobacco stocks and standards................ 167
31 Purchase of wool and wool top samples....... 174
32 Purchase of grease mohair and mohair top
samples................................. 175
33 Regulations issued under authority of the
Export Apple Act........................ 176
34
[Reserved]
35 Export grapes and plums..................... 179
36 Procedures by which the Agricultural
Marketing Service develops, revises,
suspends, or terminates voluntary
official grade standards................ 182
37-41
[Reserved]
42 Standards for condition of food containers.. 184
43 Standards for sampling plans................ 235
44-45
[Reserved]
SUBCHAPTER B--MARKETING OF PERISHABLE AGRICULTURAL COMMODITIES
46 Regulations (other than rules of practice)
under the Perishable Agricultural
Commodities Act, 1930................... 255
47 Rules of practice under the Perishable
Agricultural Commodities Act............ 291
[[Page 6]]
48 Regulations of the Secretary of Agriculture
for the enforcement of the Produce
Agency Act.............................. 310
50 Rules of practice governing withdrawal of
inspection and grading services......... 312
SUBCHAPTER C--REGULATIONS AND STANDARDS UNDER THE AGRICULTURAL MARKETING
ACT OF 1946 AND THE EGG PRODUCTS INSPECTION ACT
51 Fresh fruits, vegetables and other products
(inspection, certification, and
standards).............................. 314
52 Processed fruits and vegetables, processed
products thereof, and certain other
processed food products................. 491
[[Page 7]]
SUBCHAPTER A_COMMODITY STANDARDS AND STANDARD CONTAINER REGULATIONS
PART 27_COTTON CLASSIFICATION UNDER COTTON FUTURES
LEGISLATION--Table of Contents
Subpart A_Regulations
Definitions
Sec.
27.1 Meaning of words.
27.2 Terms defined.
General
27.3 Requirements of subsection 15b(f) of the Act.
27.4 Obligations and rights under Act: not affected by regulations.
27.5 Effect of amendments.
Administration
27.8 Director.
27.9 Classing Offices; Quality Assurance Division.
27.10 Supervision of cotton inspection, weighing, sampling; and other
duties.
27.11 Area Director, Marketing Services Office; responsibility.
Classification Requests
27.12 Classification request for each lot of cotton.
27.13 Micronaire determination request incidental to classification
request.
27.14 Filing of classification requests.
27.15 Withdrawal or rejection of classification or Micronaire
determination requests.
Inspection and Samples
27.16 Inspection; weighing; samples; supervision.
27.18 Persons not to be employed for inspection or sampling.
27.20 Drawing and handling of samples of cotton; inspection of bales.
27.21 [Reserved]
27.22 Wrapping and marking of samples of cotton.
27.23 Duplicate sets of samples of cotton.
27.24 Delivery of samples of cotton.
27.25 Additional samples of cotton; drawing.
27.28 Disposition of samples.
Classification and Micronaire Determinations
27.31 Classification of cotton.
27.32 Order of classification.
27.33 Exposing of samples for classification.
27.34 Classification procedure.
27.35 Lower class of two samples to prevail.
27.36 Classification and Micronaire determinations based on official
standards.
27.37 Cotton reduced in grade.
27.38 Terms defined for purposes of classification.
Cotton Class Certificates
27.39 Issuance of classification records.
27.40 New certificates; conditions of issuance.
27.41 Lost certificate; duplicate.
27.42 Surrender of certificate.
27.43 Validity of cotton class certificates.
27.44 Invalidity of cotton class certificates.
27.45 No storage of cotton for classification at disapproved place.
27.46 Cotton withdrawn from storage.
27.47 Tender or delivery of cotton; conditions.
Delayed Certification
27.52 Delivery without certification.
27.53 Notice for delayed certification; requirements.
27.54 Inspection and sampling for delayed certification.
27.55 Requirements in lieu of cotton class certificates on delivery day.
Postponed Classification
27.57 Request for postponement.
27.58 Postponed classification; must be within 30 days.
27.59 Postponed classification; interference.
27.60 When original request deemed withdrawn.
27.61-27.72 [Reserved]
Transfers of Cotton
27.73 Supervision of transfers of cotton.
Costs of Classification and Micronaire
27.80 Fees; review classification, futures classification and
supervision.
27.81 Fees; certificates.
27.83 No fees for certain certificates.
27.85 Fees; withdrawn requests or applications.
27.87 Fees; classification and Micronaire determination information.
27.89 Expenses; inspection; sampling.
27.90 Bills for payment of fees and expenses.
27.91 Advance deposit may be required.
27.92 Method of payment: advance deposit.
Spot Markets
27.93 Bona fide spot markets.
27.94 Spot markets for contract settlement purposes.
[[Page 8]]
Price Quotations and Differences
27.95 Spot markets to conform to Act and regulations.
27.96 Quotations in bona fide spot markets.
27.97 Ascertaining the accuracy of price quotations.
27.98 Value of grade where no sale; determination.
27.99 Values; expression.
27.100 Administration.
Authority: 7 U.S.C. 15b, 7 U.S.C. 473b, 7 U.S.C. 1622(g).
Source: 22 FR 10923, Dec. 28, 1957; 30 FR 7239, May 29, 1965, unless
otherwise noted.
Cross Reference: For regulations relating to cotton classing,
testing, and standards, and cottonseed sold or offered for sale for
crushing purposes, see parts 28 and 61 of this chapter.
Subpart A_Regulations
Definitions
Sec. 27.1 Meaning of words.
Words used in this subpart in the singular form shall be deemed to
import the plural and vice versa, as the case may demand.
Sec. 27.2 Terms defined.
As used throughout this subpart, unless the context otherwise
requires, the following terms shall be construed, respectively, to mean:
(a) The Act. The United States Cotton Futures Act (90 Stat. 1841-
1846; 7 U.S.C. 15b).
(b) Department. The United States Department of Agriculture.
(c) Service. The Agricultural Marketing Service of the Department.
(d) Administrator. The Administrator of the Service, or any officer
or employee of the Service, to whom authority has heretofore been
delegated, or to whom authority may hereafter be delegated, to act in
the Administrator's stead.
(e) Cotton Division. The Cotton Division of the Service.
(f) Director. The Director of the Cotton Division, or any officer or
employee of the Division to whom authority has heretofore been
delegated, or to whom authority may hereafter be delegated to act in the
Director's stead.
(g) Marketing Services Office. A facility of the Cotton Division
established under the Act at any point.
(h) Quality Assurance Division. The Quality Assurance Division at
Memphis, Tennessee; shall provide supervision of futures cotton
classification.
(i) Exchange. Exchange, board of trade, or similar institution or
place of business, at, on, or in which a basis grade contract may be
made.
(j) Exchange inspection agency. The inspection agency of the New
York Cotton Exchange, the New Orleans Cotton Exchange, the Board of
Trade of the city of Chicago, or of any other exchange which may have an
organized inspection agency recognized as such by the Director, as the
case may be.
(k) Basis grade contract. Contract of sale of cotton for future
delivery mentioned in the Act, made at, on, or in any exchange in
compliance with subsection 15b(f) of the Act.
(l) Person. Individual, association, partnership, or corporation.
(m) Owner. Person who owns, controls, or has the disposition of any
cotton.
(n) Classification. The classification of any cotton shall be
determined by the quality of a sample in accordance with the Universal
Cotton Standards (the official cotton standards of the United States)
for cotton property measurements of American Upland cotton. High Volume
Instruments will determine all cotton property measurements except
extraneous matter. Cotton classers authorized by the Cotton and Tobacco
Program will determine the presence of extraneous matter. Original
Smith-Doxey data may serve as certification that bales submitted for
quality verification meet quality and age parameters set by an
applicable exchange inspection agency as a futures classification
option.
(o) Micronaire determination. The measure of the fiber fineness and
maturity of cotton, in combination, in terms of Micronaire readings as
determined by an authorized employee of the Department in accordance
with the official cotton standards of the United States for fiber
fineness and maturity.
(p) Smith-Doxey data. Data reflecting the original classification of
a cotton bale provided to producers of cotton
[[Page 9]]
under the Smith-Doxey Act of April 13, 1937 (Pub. L. 75-28).
[22 FR 10923, Dec. 28, 1957, as amended at 32 FR 4157, Mar. 17, 1967; 42
FR 40677, Aug. 11, 1977; 48 FR 49210, Oct. 25, 1983; 65 FR 36598, June
9, 2000; 77 FR 5380, Feb. 3, 2012; 77 FR 20504, Apr. 5, 2012; 78 FR
68984, Nov. 18, 2013]
General
Sec. 27.3 Requirements of subsection 15b(f) of the Act.
The inspection, sampling, classification, and Micronaire
determination of cotton pursuant to subsection 15b(f) of the Act shall
be performed as prescribed in this subpart. All tenders of cotton and
settlements therefor under basis grade contracts shall be made subject
to the regulations in this subpart. No contract shall for the purposes
of this subpart be deemed to comply with subsection 15b(f) of the Act if
it contain or incorporate therein, by reference or otherwise, any
provision or any bylaw, rule, or custom of an exchange which is
inconsistent or in conflict with any requirement of said subsection
15b(f), nor if the parties enter into any collateral or additional
agreement or understanding, either verbal or written, respecting the
subject matter of such contract which is inconsistent or in conflict
with any requirement of said subsection 15b(f).
[42 FR 40677, Aug. 11, 1977]
Sec. 27.4 Obligations and rights under Act: not affected by regulations.
Nothing in this subpart shall be construed as relieving any party to
a basis grade contract of any obligation imposed upon the party, or as
depriving the party of any right to which the party might be entitled
under any provision of the contract or exchange rule made a part thereof
which shall not be inconsistent with the act or the regulations made
under the Act.
[48 FR 49210, Oct. 25, 1983]
Sec. 27.5 Effect of amendments.
Any amendment to this subpart, unless otherwise stated therein,
shall apply to all tenders of cotton and settlements therefor made on
and after the effective date of such amendment, under basis grade
contracts entered into prior, as well as subsequent, to such effective
date.
[22 FR 10923, Dec. 28, 1957, as amended at 42 FR 40677, Aug. 11, 1977]
Administration
Sec. 27.8 Director.
The Director shall perform for and under the supervision of the
Administrator, such duties as the Administrator may require in enforcing
the provisions of the Act and this subpart.
Sec. 27.9 Classing Offices; Quality Assurance Division.
Classing Offices shall be maintained at points designated for the
purpose by the Administrator. The Quality Assurance Division shall
provide supervision of futures cotton classification and perform other
duties as assigned by the Deputy Administrator.
[ 77 FR 5380, Feb. 3, 2012]
Sec. 27.10 Supervision of cotton inspection, weighing, sampling;
and other duties.
Authorized employees of the Cotton Division will act, when
necessary, as supervisors of cotton inspection to supervise the
inspection, weighing, and sampling of cotton to be classified and will
perform such other duties as may be required of them for the purposes of
this subpart.
[26 FR 1656, Feb. 25, 1961]
Sec. 27.11 Area Director, Marketing Services Office; responsibility.
Subject to this subpart and the instructions of the Director, the
Area Director of each Marketing Services Office shall be responsible for
the proper performance of the duties imposed on such office and on the
persons connected therewith.
[48 FR 49210, Oct. 25, 1983]
Classification Requests
Sec. 27.12 Classification request for each lot of cotton.
For each lot or mark of cotton of which the applicant desires
separate classification and certification, the applicant shall make a
separate written request in a form prescribed or supplied
[[Page 10]]
by the Cotton Division for that purpose.
[48 FR 49210, Oct. 25, 1983]
Sec. 27.13 Micronaire determination request incidental to classification
request.
The classification request may include a request for Micronaire
determination.
Sec. 27.14 Filing of classification requests.
Requests for futures classification shall be filed with the Quality
Assurance Division within 10 days after sampling and before
classification of the samples.
[77 FR 5380, Feb. 3, 2012]
Sec. 27.15 Withdrawal or rejection of classification or Micronaire
determination requests.
Any request for classification or for Micronaire determination may
be withdrawn by the applicant at any time before the classification or
Micronaire determination of the cotton covered thereby, subject to the
payment of such fees, if any, as may be prescribed under Sec. Sec.
27.80 to 27.92. Any request for classification or for Micronaire
determination may be rejected for noncompliance with the act or this
subpart.
Inspection and Samples
Sec. 27.16 Inspection; weighing; samples; supervision.
The inspection, weighing, and sampling of cotton for which
classification is desired and the preparation and delivery of samples to
the Marketing Services Office shall be (a) under the supervision of a
supervisor of cotton inspection, or (b) by or under the direction of an
exchange inspection agency and subject to the supervision of a
supervisor of cotton inspection.
[48 FR 49210, Oct. 25, 1983]
Sec. 27.18 Persons not to be employed for inspection or sampling.
No person shall, after notice to the interested parties, be employed
in any way in connection with any phase of the inspection and sampling
of cotton or the preparation of the samples thereof, for the purposes of
classification under this subpart, who for good cause is disapproved by
the Director.
Sec. 27.20 Drawing and handling of samples of cotton; inspection of bales.
One sample shall be drawn from the top side of each bale and one
from the bottom side. Each such sample shall weigh not less than 5
ounces, the two samples from each bale to weigh together not less than
10 ounces. The bale shall be inspected and any condition not fully
indicated by the samples shall be explained by the supervisor of cotton
inspection or exchange inspection agency in a written memorandum, which
shall acompany the samples to the Marketing Services Office. Samples
shall not be dressed or trimmed and shall be carefully handled in such
manner as not to cause loss of leaf, sand, or other material, or
otherwise change their representative character. Any sample which does
not meet the requirements of this section may be rejected by the
supervisor of cotton inspection or the Area Director.
[48 FR 49210, Oct. 25, 1983]
Sec. 27.21 [Reserved]
Sec. 27.22 Wrapping and marking of samples of cotton.
The original sets of samples of the bales constituting a lot or mark
to be classified separately shall be inclosed in one or more wrappers or
containers, as the case may require. The wrappers or containers of
original samples shall be so labeled or marked, or both, as to show that
they contain original samples, together with the lot number, if any, the
marks, and the number of bales, and such other information as may be
necessary in accordance with the instructions of the Area Director of
the Marketing Services Office to which the samples are to be delivered.
[48 FR 49210, Oct. 25, 1983]
Sec. 27.23 Duplicate sets of samples of cotton.
The duplicate sets of samples shall be inclosed in wrappers or
containers separate and apart from the original sets in the manner
prescribed or original samples in the foregoing section, except that the
wrappers or containers
[[Page 11]]
shall be labeled or marked, or both, so as to show that they contain
duplicate samples and shall be delivered to the person requesting the
classification of the cotton.
Sec. 27.24 Delivery of samples of cotton.
The original sample from each bale to be classified shall be
delivered to the Marketing Services Office with which the classification
request was filed, at its classification room. If there is no Marketing
Services Office at the point where the cotton is sampled, the supervisor
of cotton inspection or the exchange inspection agency shall forward the
samples to the proper Marketing Services Office. No samples covered by
pending classification requests which are ready for delivery as provided
for herein shall be withheld from such delivery except as authorized in
writing by the Area Director or the Director.
[48 FR 49210, Oct. 25, 1983]
Sec. 27.25 Additional samples of cotton; drawing.
In addition to the samples hereinbefore prescribed, separate
samples, if desired, may be drawn and furnished to the owner of the
cotton.
Sec. 27.28 Disposition of samples.
Samples submitted to a Marketing Services Office shall become the
property of the Department and shall be disposed of in accordance with
the property regulations of Department when no longer needed for
classification or Micronaire determinations.
[48 FR 49211, Oct. 25, 1983]
Classification and Micronaire Determinations
Sec. 27.31 Classification of cotton.
For purposes of subsection 15b (f) of The Act, classification of
cotton is the determination of the quality of a sample in accordance
with the Universal Cotton Standards (the official cotton standards of
the United States) for the color grade and leaf grade of American upland
cotton, and fiber property measurements such as micronaire. High Volume
Instruments will determine all fiber property measurements except
extraneous matter. High Volume Instrument colormeter measurements will
be used for determining the official color grade. Cotton classers
authorized by the Cotton and Tobacco Programs will determine the
presence of extraneous matter and authorized employees of the Cotton and
Tobacco Programs will determine all fiber property measurements using
High Volume Instruments.
[77 FR 20504, Apr. 5, 2012]
Sec. 27.32 Order of classification.
All cotton for which classifications requests shall be pending shall
be classified as far as practicable in the order in which proper samples
thereof, ready for such classification, shall have been delivered to the
Marketing Services Office, except as otherwise provided in this subpart
or when the Area Director or the Director shall find that an emergency
exists and shall order otherwise.
[48 FR 49211, Oct. 25, 1983]
Sec. 27.33 Exposing of samples for classification.
Classification shall not proceed until the samples, after being
delivered to the Marketing Services Office, shall have been exposed for
such length of time as in the judgment of the Area Director shall be
sufficient to put them in proper condition for the purpose.
[48 FR 49211, Oct. 25, 1983]
Sec. 27.34 Classification procedure.
Classification shall proceed as rapidly as possible, but not when
light or other conditions make uncertain the accuracy of the results to
be obtained.
Sec. 27.35 Lower class of two samples to prevail.
In case a sample drawn from one portion of a bale is lower in class
than one drawn from another portion of such bale, except as otherwise
provided in this subpart, the classification of the bale shall be that
of the sample showing the lower class.
Sec. 27.36 Classification determinations based on official standards.
All cotton shall be classified on the basis of the official cotton
standards of
[[Page 12]]
the United States in effect at the time of such classification.
[77 FR 5380, Feb. 3, 2012]
Sec. 27.37 Cotton reduced in grade.
If cotton be reduced in grade, by reason of the presence of
extraneous matter or other irregularities or defects, below its grade
according to the official cotton standards of the United States, the
grade from which it is so reduced, and the condition or reason which so
reduces its grade shall be determined and stated.
[25 FR 5872, June 25, 1960]
Sec. 27.38 Terms defined for purposes of classification.
For the purposes of classification the following terms shall be
construed, respectively, to mean:
(a) Cotton of perished staple. Cotton that has the strength of fiber
as ordinarily found in cotton destroyed or unduly reduced through
exposure to the weather either before picking or after baling, or
through heating by fire, or on account of water packing, or by other
causes.
(b) [Reserved]
(c) Gin cut cotton. Cotton that shows damage in ginning, through
cutting by the saws, to an extent that reduces its value more than two
grades.
(d) Reginned cotton. Cotton that has passed through the ginning
process more than once, and cotton that, after having been ginned, has
been subjected to a cleaning process and then baled.
(e) Repacked cotton. Cotton that is composed of factors', brokers',
or other samples, or of loose or miscellaneous lots collected and
rebaled, or cotton in a bale which is composed of cotton from two or
more smaller bales or parts of bales that are combined after the cotton
leaves the gin.
(f) False packed cotton. Cotton in a bale (1) containing substances
entirely foreign to cotton, (2) containing damaged cotton in the
interior with or without any indication of such damage upon the
exterior, (3) composed of good cotton upon the exterior and decidedly
inferior cotton in the interior, in such manner as not to be detected by
customary examination, or (4) containing pickings or linters worked into
the bale.
(g) Mixed packed cotton. Cotton in a bale which, in the sample taken
therefrom, shows (1) a difference of three or more grades, or (2) a
difference of three or more color groups, or (3) a difference in length
of staple of one-eighth inch or more. For purposes of this paragraph,
White Cotton (including the Plus grades), Light Gray Cotton, and Gray
Cotton shall constitute one color group, and Light Spotted Cotton,
Spotted Cotton, Tinged Cotton, and Yellow Stained Cotton shall each
constitute a color group.
(h) Water packed cotton. Cotton in a bale that has been penetrated
by water during the baling process, causing damage to the fiber, or a
bale that through exposure to the weather or by other means, while
apparently dry on the exterior, has been damaged by water in the
interior.
[22 FR 10926, Dec. 28, 1957, as amended at 26 FR 5945, July 1, 1961; 32
FR 7011, May 9, 1967; 35 FR 17935, Nov. 21, 1970]
Cotton Class Certificates
Sec. 27.39 Issuance of classification records.
Except as otherwise provided in this section, as soon as practicable
after the classification of cotton has been completed by the Cotton and
Tobacco Programs, the Quality Assurance Division shall issue an
electronic cotton classification record showing the results of such
classification. Each electronic record shall bear the date of its
issuance. The electronic record shall show the identification of the
cotton according to the information in the possession of the Cotton and
Tobacco Programs, the classification of the cotton and such other facts
as the Deputy Administrator may require.
[77 FR 5380, Feb. 3, 2012]
Sec. 27.40 New certificates; conditions of issuance.
For the business convenience of a holder of a cotton class
certificate issued under this subpart a new certificate may be issued at
the request of the holder, to take the place of the former certificate
without the reclassification of the cotton and without a
[[Page 13]]
new Micronaire determination for the cotton. In any case where a new
certificate is issued in accordance with this section, the former
certificate shall be surrendered for cancellation, and such new
certificate shall bear a new number, the date of its issuance, and the
date of original certification, and shall otherwise comply with this
subpart.
Sec. 27.41 Lost certificate; duplicate.
Upon the written request of the last holder of a valid cotton class
certificate and a showing to the satisfaction of the Area Director of
the Marketing Services Office which issued such certificate, that it has
been lost or destroyed and, if lost, that diligent effort has been made
to find it without success, a new certificate shall be issued without
the reclassification of the cotton and without a new Micronaire
determination for the cotton. Such new certificate shall bear the same
number and date of issuance as the lost or destroyed certificate, and
shall include a statement to the effect that it is a duplicate issued in
lieu of the lost or destroyed original, as the case may be.
[48 FR 49211, Oct. 25, 1983]
Sec. 27.42 Surrender of certificate.
For good cause any certificate issued under this subpart shall be
surrendered to a Marketing Services Office for correction or
cancellation. If such certificate be not surrendered upon request it
shall nevertheless be invalid under subsection 15b(f) of the Act and
this subpart.
[48 FR 49211, Oct. 25, 1983]
Sec. 27.43 Validity of cotton class certificates.
Each cotton class certificate for cotton classified as tenderable
shall be valid for use in the tender of such cotton on a basis grade
contract made in accordance with the Act and this subpart and the rules
of an exchange not inconsistent therewith.
[22 FR 10926, Dec. 28, 1957, as amended at 42 FR 40677, Aug. 11, 1977]
Sec. 27.44 Invalidity of cotton class certificates.
Any cotton class certificate shall become invalid for use in the
tender or delivery of the cotton covered thereby on a basis grade
contract whenever such cotton shall be removed from the place of storage
specified therein, except when it is handled and re-stored or
transferred to a different place of storage and restored under the
supervision of an exchange inspection agency or a supervisor of cotton
inspection.
(90 Stat. 1841-1846; (7 U.S.C. 15b))
[22 FR 10926, Dec. 28, 1957, as amended at 26 FR 1657, Feb. 25, 1961; 42
FR 40677, Aug. 11, 1977]
Sec. 27.45 No storage of cotton for classification at disapproved place.
No cotton submitted for classification under subsection 15b(f) of
the Act shall be located or stored at a place disapproved for the
purpose by the Area Director or the Director on account of being
unsuitable for the safekeeping or proper storage of such cotton, or on
account of the failure or refusal of the custodian thereof to comply or
to permit compliance with the requirements of this subpart. Notice of
such disapproval shall be given in such manner as the Director may
direct. Thereafter every cotton class certificate previously issued for
cotton located or stored at such place shall be invalid for the delivery
of such cotton on a basis grade contract, unless the cotton shall be
removed under the supervision of an exchange inspection agency, or a
supervisor of cotton inspection, to a place which shall be suitable for
the purpose. Upon such removal and the request of the holder of the
cotton class certificate for such cotton a new certificate in lieu
thereof, as provided elsewhere in this subpart, shall be issued.
[48 FR 49211, Oct. 25, 1983]
Sec. 27.46 Cotton withdrawn from storage.
The exchange inspection agency under the supervision or control of
which any cotton classified pursuant to this subpart shall be held or
stored shall furnish to the Marketing Services Office which classified
such cotton, on the first business day of each week, a written statement
of all cotton withdrawn from storage, or the lot number or other
identification of which has
[[Page 14]]
been changed, or which has otherwise been removed from the supervision
or control of such exchange inspection agency during the next preceding
week. Such statement shall show each lot number, and, if changed, the
new lot number, and in case of the withdrawal or removal of a portion
only of the lot, the tag numbers of the bales so withdrawn or removed.
If such removal shall be to a different place of storage under the
supervision or control of the exchange inspection agency, the statement
shall show the new location.
[48 FR 49211, Oct. 25, 1983]
Sec. 27.47 Tender or delivery of cotton; conditions.
Subject to the provisions of Sec. Sec. 27.52 through 27.55, no
cotton shall be tendered or delivered on a basis grade contract unless
on or prior to the date fixed for delivery under such contract, and in
advance of final settlement of the contract, the person making the
tender shall furnish to the person receiving the same a valid
outstanding cotton classification record complying with the regulations
in this subpart, showing such cotton to be tenderable on a basis grade
contract.
[77 FR 5380, Feb. 3, 2012]
Delayed Certification
Sec. 27.52 Delivery without certification.
If upon the date fixed for delivery in accordance with subsection
15b(f) of the Act cotton class certificates shall not have been issued
by a Marketing Services Office for cotton to be delivered pursuant to
such notice, samples of which cotton shall have been in the custody of
the Marketing Services Office for the time hereinafter prescribed, the
delivery of such cotton may be made upon compliance with and subject to
the conditions specified in Sec. Sec. 27.52 through 27.55. Sections
27.52 through 27.55 shall not apply to cotton upon which a Marketing
Services Office has already issued cotton class certificates pursuant to
this subpart.
[48 FR 49212, Oct. 25, 1983, as amended at 50 FR 47707, Nov. 20, 1985]
Sec. 27.53 Notice for delayed certification; requirements.
On the date of giving the transferable notice of the delivery in
accordance with subsection 15b(f) of the act the person issuing such
notice or the person on whose behalf it was issued shall also give
written notice to the Marketing Services Office with which the
classification request was required to be filed, specifying the date of
delivery and the number of bales so to be delivered which have not been
certified. In such notice, or later in writing before the delivery of
the samples to the Marketing Services Office the lot numbers of the
cotton so to be delivered shall be specified.
[48 FR 49212, Oct. 25, 1983]
Sec. 27.54 Inspection and sampling for delayed certification.
Such cotton must have been duly inspected and sampled, and the
original samples thereof properly prepared in accordance with this
subpart must be delivered to the Marketing Services Office not later
than the date of issuance of the transferable notice, except when the
delivery day fixed by such transferable notice is the last delivery day
in the month of delivery. In such case the cotton must have been duly
inspected and sampled, and the original samples thereof properly
prepared in accordance with this subpart must have been delivered to the
Marketing Services Office in accordance with all regulations applicable
and in readiness for classification not later than 8 p.m. of the second
business day preceding such last delivery day.
[48 FR 49212, Oct. 25, 1983]
Sec. 27.55 Requirements in lieu of cotton class certificates on
delivery day.
If on the morning of the delivery day specified in the transferable
notice the cotton class certificates covering the cotton involved are
not ready for delivery when called for, the tenderer of the cotton shall
present to the receiver a receipt issued by an exchange inspection
agency certifying that warehouse receipts, listed by lot numbers,
representing cotton weighed and sampled
[[Page 15]]
in an approved warehouse under the supervision of such agency, have been
received by the exchange inspection agency and are in the custody of the
Cotton Division Marketing Services Office where certification requests
are required to be filed. The requirements of Sec. Sec. 27.52-27.55
shall be complied with prior to delivery by the tenderer of the agency's
receipt to the receiver. Upon issuance by Marketing Services Office, the
tenderer shall furnish to the receiver the cotton class certificates
complying with the regulations in this subpart, showing the cotton to be
tenderable on a basis grade contract.
[50 FR 47707, Nov. 20, 1985]
Postponed Classification
Sec. 27.57 Request for postponement.
If the applicant desires the postponement of the classification of
any cotton covered by a classification request filed pursuant to the
regulations in this subpart until later notice, the original
classification request must so state, or the applicant must so advise
the Marketing Services Office in writing before the classification has
been entered upon. Such request must show cause and that it is not made
merely for dilatory reasons.
[48 FR 49212, Oct. 25, 1983]
Sec. 27.58 Postponed classification; must be within 30 days.
If thereafter the classification of the cotton be desired, notice
thereof shall be filed not later than the expiration of 30 days after
the date upon which the samples were drawn from the cotton, and the
original samples must have remained continuously in the possession of
the Marketing Services Office or under its control.
[48 FR 49212, Oct. 25, 1983]
Sec. 27.59 Postponed classification; interference.
Classification pursuant to such suspended request shall not be
allowed to interfere with or delay the classification of other samples
previously made ready for classification or which are otherwise entitled
to priority.
Sec. 27.60 When original request deemed withdrawn.
If the period of 30 days specified in Sec. 27.58 shall expire
without the filing of the notice of desire for classification the
applicant shall be deemed to have withdrawn the original request for the
classification of such cotton.
Sec. Sec. 27.61-27.72 [Reserved]
Sec. 27.73 Supervision of transfers of cotton.
Whenever the owner of any cotton inspected and sampled for
classification pursuant to this subpart and for which the owner holds
valid cotton class certificates desires to transfer such cotton to a
different delivery point, or to a different warehouse at the same
delivery point, for the purpose of having it made available for delivery
upon a basis grade contract, such transfer shall be effected under the
supervision of an exchange inspection agency or a supervisor of cotton
inspection.
[48 FR 49213, Oct. 25, 1983]
Costs of Classification and Micronaire
Sec. 27.80 Fees; review classification, futures classification and
supervision.
For services rendered by the Cotton and Tobacco Programs pursuant to
this subpart, whether the cotton involved is tenderable or not, the
person requesting the services shall pay fees as follows:
(a) For each calendar year, AMS will calculate the rate for
services, per hour per program employee using the following formulas:
(1) Regular rate. The total AMS grading or classification program
personnel direct pay divided by direct hours, which is then multiplied
by the next year's percentage of cost of living increase, plus the
benefits rate, plus the operating rate, plus the allowance for bad debt
rate. If applicable, travel expenses may also be added to the cost of
providing the service.
(2) Overtime rate. The total AMS grading or classification program
personnel direct pay divided by direct hours, which is then multiplied
by the next year's percentage of cost of living increase and then
multiplied by 1.5 plus
[[Page 16]]
the benefits rate, plus the operating rate, plus an allowance for bad
debt. If applicable, travel expenses may also be added to the cost of
providing the service.
(3) Holiday rate. The total AMS grading or classification program
personnel direct pay divided by direct hours which is then multiplied by
the next year's percentage of cost of living increase and then
multiplied by 2, plus benefits rate, plus the operating rate, plus an
allowance for bad debt. If applicable, travel expenses may also be added
to the cost of providing the service.
(b) For each calendar year, based on historical costs, AMS will
calculate the benefits, operating, and allowance for bad debt components
of the regular, overtime and holiday rates as follows:
(1) Benefits rate. The total AMS grading or classification program
direct benefits costs divided by the total hours (regular, overtime, and
holiday) worked, which is then multiplied by the next calendar year's
percentage cost of living increase. Some examples of direct benefits are
health insurance, retirement, life insurance, and Thrift Savings Plan
(TSP) retirement basic and matching contributions.
(2) Operating rate. The total AMS grading or classification program
operating costs divided by total hours (regular, overtime, and holiday)
worked, which is then multiplied by the percentage of inflation.
(3) Allowance for bad debt rate. Total AMS grading or classification
program allowance for bad debt divided by total hours (regular,
overtime, and holiday) worked.
(c) Basis. The calendar year cost of living expenses and percentage
of inflation factors used in the formulas in this section are based on
the most current Office of Management and Budget's Presidential Economic
Assumptions.
[77 FR 5380, Feb. 3, 2012, as amended at 79 FR 67318, Nov. 13, 2014]
Sec. 27.81 Fees; certificates.
For each new certificate issued in substitution for a prior
certificate at the request of the holder thereof, for the purpose of
business convenience, or when made necessary by the transfer of cotton
under the supervision of any exchange inspection agency as provided in
Sec. 27.73, the person making the request shall pay a fee determined as
described in Sec. 27.80.
[79 FR 67318, Nov. 13, 2014]
Sec. 27.83 No fees for certain certificates.
No fee shall be collected for a new cotton class certificate issued
in lieu of a prior certificate solely for the purpose of correcting
clerical errors therein or for the purpose of substituting a new form
applicable to outstanding certificates, or without an application
therefor.
Sec. 27.85 Fees; withdrawn requests or applications.
When the request for classification, or the application for review
or classification, of any cotton or the request for Micronaire
determination for any cotton shall be withdrawn after the service
requested has been started pursuant to such request or application, the
person making such request or application shall pay the fee prescribed
by Sec. 27.80 as to any service completed prior to such withdrawal.
Sec. 27.87 Fees; classification and Micronaire determination information.
Whenever the person who requests the classification of, or
Micronaire determination for, any cotton, or the person on whose behalf
such request is made, also requests the transmission by telegraph or
telephone of information concerning such classification or Micronaire
determination, the person making the request for such classification or
determination shall pay, in addition to the applicable costs prescribed
in this subpart, the cost of tolls incurred in such transmission.
Sec. 27.89 Expenses; inspection; sampling.
Expense of inspection and sampling, the preparation of the samples
and the delivery of such samples in accordance with Sec. 27.24, shall
be borne by the party requesting the classification of the cotton
involved. When a review of classification or a Micronaire determination
is requested and samples of the cotton involved are not in possession of
a Marketing Services Office, the expense of
[[Page 17]]
inspection, sampling, preparation of samples, and delivery of the
samples to the Marketing Services Office shall be borne by the party
requesting the service.
[48 FR 49213, Oct. 25, 1983]
Sec. 27.90 Bills for payment of fees and expenses.
The Cotton Division shall deliver bills to all persons from whom
payment for fees or expenses on account of services under this subpart
shall be due. Such bills shall be rendered as soon as practicable after
the last day of each month for the amounts due and unpaid on such day.
When necessary, in the discretion of the Area Director or the Director,
any bill may be rendered at an earlier date for any fees and expenses
then due by the person to whom such bill shall be rendered. Payment of
any such bill shall be made as soon as possible after the rendition
thereof, but in any event not later than 2 weeks after such rendition.
[48 FR 49213, Oct. 25, 1983]
Sec. 27.91 Advance deposit may be required.
If requested by the Area Director with whom the classification
request is required to be filed or by the Director, the person from whom
any payment under this subpart may become due shall make an advance
deposit to cover such payment in such amount as may be necessary in the
judgment of the official requesting the same.
[48 FR 49213, Oct. 25, 1983]
Sec. 27.92 Method of payment; advance deposit.
Any payment or advance deposit under this subpart shall be by check,
draft, or money order, payable to the order of ``Agricultural Marketing
Service, USDA,'' and may not be made in cash except in cases where the
total payment or deposit does not exceed $1.
Spot Markets
Sec. 27.93 Bona fide spot markets.
The following markets have been determined, after investigation, and
are hereby designated to be bona fide spot markets within the meaning of
the act:
Southeastern, North Delta, South Delta, East Texas and Oklahoma,
West Texas, Desert Southwest and San Joaquin Valley. Such markets will
comprise the following areas:
Southeastern
All counties in the states of Alabama, Florida, Georgia, North
Carolina, South Carolina, and Virginia and all counties in the state of
Tennessee east of and including Stewart, Houston, Humphreys, Perry,
Wayne and Hardin counties.
North Delta
All counties in the states of Arkansas and Missouri and all counties
in Tennessee west of and including the counties of Henry, Benton,
Henderson, Decatur, Chester and McNairy counties and the Mississippi
counties of Alcorn, Benton, Calhoun, Chickasaw, DeSoto, Grenada,
Itawamba, Lafayette, Lee, Marshall, Monroe, Panola, Pontotoc, Prentiss,
Tate, Tippah, Tishomingo, Union and Yalobusha.
South Delta
All counties in the state of Louisiana and all counties in the state
of Mississippi not included in the North Delta market.
East Texas and Oklahoma
All counties in the states of Kansas and Oklahoma and the Texas
counties east of and including Montague, Wise, Parker, Erath, Comanche,
Mills, San Saba, Mason, Sutton, Edwards, Kinney, Maverick, Webb, Zapata,
Star and Hidalgo counties.
West Texas
All Texas counties not included in the East Texas, Oklahoma and
Desert Southwest Markets and the New Mexico counties of Union, Quay,
Curry, Roosevelt and Lea.
Desert Southwest
The Texas counties of Val Verde, Crockett, Terrell, Pecos, Brewster,
Presidio, Jeff Davis, Culberson, Hudspeth and El Paso, all New Mexico
counties except those included in the West Texas market, all counties in
the state of Arizona and the California counties south of and including
Riverside and Orange counties.
San Joaquin Valley
All California counties except those included in the Desert
Southwest market.
[53 FR 29326, Aug. 4, 1988, as amended at 78 FR 25182, Apr. 30, 2013]
[[Page 18]]
Sec. 27.94 Spot markets for contract settlement purposes.
The following are designated as spot markets for the purpose of
determining as provided in paragraph 15b(f)(3) of the act, the
differences above or below the contract price which the receiver shall
pay for grades tendered or deliverable in settlement of a basis grade
contract:
(a) For cotton delivered in settlement of any Cotton No. 2 or World
Cotton contract on the Intercontinental Exchange (ICE); the spot markets
are Southeastern, North and South Delta, Eastern Texas and Oklahoma,
West Texas, and Desert Southwest.
(b) [Reserved]
[53 FR 29327, Aug. 4, 1988, as amended at 80 FR 63890, Oct. 22, 2015]
Price Quotations and Differences
Sec. 27.95 Spot markets to conform to Act and regulations.
Every bona fide spot market shall, as a condition of its designation
and of the retention thereof, conform to the act and any applicable
regulations.
[53 FR 29327, Aug. 4, 1988]
Sec. 27.96 Quotations in bona fide spot markets.
The price or value and differences between the price or value of
grades and staple lengths of cotton shall be based solely upon the
official cotton standards of the United States and shall be the actual
commercial value or price and differences as determined by the sale of
spot cotton in such spot market. Quotations shall be determined and
maintained in each designated spot market by the Cotton Division,
Agricultural Marketing Service, USDA, as follows:
(a) In spot markets designated to determine differences for the
settlement of futures contracts, the Cotton Division will on each
business day determine and quote by bale volume the prices or values of
base qualities which are deliverable on any active futures contracts, as
well as the differences for all other qualities deliverable on such
contracts. The prices or differences for non-deliverable qualities will
be determined and quoted by bale volume in each such spot market for
those qualities normally produced or traded in that particular market.
(b) In spot markets not designated to determine differences for the
settlement of futures contracts, the Cotton Division will on each
business day determine and quote by bale volume the prices or
differences for all qualities of cotton normally produced or traded in
each such spot market.
[53 FR 29327, Aug. 4, 1988]
Sec. 27.97 Ascertaining the accuracy of price quotations.
The buyers and sellers of cotton in each spot market shall be
responsible for providing accurate and timely price, quality, and volume
of purchases data by growth area to the Cotton Division. The Cotton
Division is responsible for ascertaining the accuracy of the price
quotations in each designated spot market. The Cotton Division will
carry out this responsibility by performing the following duties and
functions:
(a) The Cotton Division will collect and analyze pertinent
information on the prices and values of spot cotton from each spot
market.
(b) In the process of determining price quotations, the Cotton
Division will contact a minimum of three buyers and sellers of cotton in
each bona fide market at least two times per week during the active
trading season and one time per week during the remainder of the year to
obtain information on prices, qualities, volume, and terms of sales in
sufficient detail to determine quotations.
(c) The Cotton Division will summarize the price and quality data
and, based on analysis of this summary, make determinations regarding
quotations of price, value and differences.
(d) Quotations for each spot market shall be reviewed and approved
by the Cotton Division's Market News Branch Chief or Assistant Branch
Chief prior to publication.
(e) The Cotton Division will publish the appropriate quotations by
bale volume for grades, staple lengths, micronaire determinations, and
other
[[Page 19]]
quality factors for each spot market on a daily basis.
(The information collection requirements contained in this section were
approved by the Office of Management and Budget under OMB control number
0581-0029)
[53 FR 29327, Aug. 4, 1988]
Sec. 27.98 Value of grade where no sale; determination.
As provided in Sec. 27.96, whenever no sale of a particular grade
of cotton shall have been made on a given day in a particular spot
market, the value of such grade in the market on that day will be
determined as follows:
(a) If on such given day there shall have been in such market both a
sale of any higher grade and a sale of any lower grade, the average of
the declines, or advances, or decline and advance, as the case may be,
of the next higher grade and the next lower grade so sold shall be
deducted from, or added to, as the case may be, the value, on the last
preceding business day, of the grade the value of which on such given
day is sought to be ascertained.
(b) If on such given day there shall have been in such market a sale
of either a higher or a lower grade, but not sales of both, the decline
or advance of the next higher or the next lower grade so sold shall be
deducted from, or added to, as the case may be, the value on the last
preceding business day of the grade the value of which on such given day
is sought to be ascertained.
(c) If on such given day there shall have been in such market no
sale of spot cotton of any grade, the value of each grade shall be
deemed to be the same as its value therein on the last preceding
business day, unless in the meantime there shall have been bona fide
bids and offers, or sales of hedged cotton, or other sales of cotton, or
changes in prices of futures contracts made subject to the act, which in
the usual course of business would clearly establish a rise or fall in
the value of spot cotton in such market, in which case such rise or fall
may be calculated and added to or deducted from the value on the
preceding business day of cotton of all grades affected thereby.
[53 FR 29327, Aug. 4, 1988]
Sec. 27.99 Values; expression.
For the purpose of this subpart values shall be expressed in terms
of cents and hundredths of a cent. A fraction of a hundredth, when equal
to, or greater than, the half thereof, shall be treated as a hundredth,
and when less than a half of a hundredth shall be disregarded.
[22 FR 10923, Dec. 28, 1957; 30 FR 7239, May 29, 1965. Redesignated at
53 FR 29328, Aug. 4, 1988]
Sec. 27.100 Administration.
The details of the method of carrying out the provisions of this
subpart in each bona fide spot market shall be subject to the approval
of the Director or shall be prescribed by the Director.
[48 FR 49214, Oct. 25, 1983. Redesignated at 53 FR 29328, Aug. 4, 1988]
PART 28_COTTON CLASSING, TESTING, AND STANDARDS--Table of Contents
Subpart A_Regulations Under the United States Cotton Standards Act
Definitions
Sec.
28.1 Meaning of words.
28.2 Terms defined.
Administrative and General
28.3 Director.
28.4 Classing offices.
28.5-28.6 [Reserved]
28.7 Area Director, Classing Office; responsibility.
28.8 Classification of cotton; determination.
28.9 Inspection; sampling; classification.
Requests for Classification and Comparison
28.15 Classification and comparison; requests.
28.16 Request for return of samples.
28.17 Filing of requests for classification or comparison.
28.18 One request only for classification.
28.19 Withdrawal or rejection of classification request.
Licensing of Warehouses and Gins for Sampling
28.20 When license is required.
28.21 Eligibility and application.
28.22 Authority granted by license.
28.23 Suspension or revocation of license.
28.24 Surrender of license certificate.
[[Page 20]]
Drawing, Submission and Disposition of Samples
28.25 Samples for Form A determination.
28.26 Samples for Form C determination.
28.27 Samples for Form D determination.
28.28 Lost or damaged samples.
28.29 Return of samples.
28.30 Samples not returned are property of Department.
Violations
28.31 Denial of service.
28.32 Misrepresentation; deceptive or fraudulent acts or practices;
violations.
Classification
28.35 Method of classification.
28.36 Order of classification.
28.37 Exposing of samples for classification.
28.38 Lower class (of two samples) to determine classification.
28.39 [Reserved]
28.40 Terms defined; cotton classification.
Sample or Type Comparison
28.45 Scope of comparison; requests.
28.46 Method of submitting samples and types.
28.47 Statement of finding for comparisons.
Certificates and Memoranda
28.55 Issuance of memoranda and certificates.
28.56 Form A and Form D memorandum.
28.57 Form C certificate.
28.58 New memorandum or certificate; issuance.
28.59 Lost memorandum or certificate may be replaced by duplicate.
28.60 Surrender of memoranda or certificates.
Reviews
28.65 Provisions for reviews.
28.66 Review procedure.
28.68 Withdrawal of application for review.
Practical Forms of Cotton Standards
28.105 Practical forms of cotton standards.
28.106 Universal cotton standards.
28.107 Original cotton standards and reserve sets.
Fees and Costs
28.115 Fees and costs; payment.
28.116 Amounts of fees for classification; exemption.
28.117 Fee for new memorandum or certificate.
28.118 When no fee collected for new certificate or memorandum.
28.119 Fee when request for classification is withdrawn.
28.120 Expenses to be borne by party requesting classification.
28.121 Advance deposits.
28.122 Fee for practical classing examination.
28.123 Costs of practical forms of cotton standards.
28.124 Payments; procedure.
28.125 No voiding or modifying claims for payment.
28.126 Loaning of forms and exhibits.
Adjustment of Contract Disputes
28.160 Cotton examiners on foreign exchanges.
28.161 Disputes involving contracts for shipment of cotton from United
States.
28.162 Procedure.
Publications Media
28.165 OMB control numbers assigned pursuant to the Paperwork Reduction
Act.
Subpart B_Classification for Foreign-Growth Cotton
28.175 Administrative and general.
28.176 Designation of official certificates, memoranda, marks, other
identifications, and devices for purpose of the Agricultural
Marketing Act.
28.177 Request for classification and comparison of cotton.
28.178 Submission of cotton samples.
28.179 Lost or damaged samples.
28.180 No return of samples.
28.181 Withdrawal of classification request.
28.182 Denial of service.
28.183 Methods of cotton classification and comparison.
28.184 Availability of electronic cotton classification data.
28.185 Issuance of cotton classification memoranda.
28.186 Review of cotton classification or comparison.
28.187 Surrender of memoranda.
28.188 Fee amounts.
28.189 Expenses to be borne by party requesting classification.
28.190 Advance deposits.
28.191 Payments methods.
28.192 No voiding or modifying claims for payment.
Subpart C_Standards
Official Cotton Standards of the United States for Length of Staple
28.301 Measurement: humidity; temperature.
28.302 Terms of designation.
28.303 Standards for length of staple for American upland cotton.
28.304 Original representation of American Pima cotton staple lengths.
28.306 Over \13/16\ inch staple.
28.307 Bale of different staple lengths.
[[Page 21]]
Official Cotton Standards of the United States for the Color Grade of
American Upland Cotton
White Cotton
28.401 Good Middling Color.
28.402 Strict Middling Color.
28.403 Middling Color.
28.404 Strict Low Middling Color.
28.405 Low Middling Color.
28.406 Strict Good Ordinary Color.
28.407 Good Ordinary Color.
Light Spotted Cotton
28.411 Good Middling Light Spotted Color.
28.412 Strict Middling Light Spotted Color.
28.413 Middling Light Spotted Color.
28.414 Strict Low Middling Light Spotted Color.
28.415 Low Middling Light Spotted Color.
28.416 Strict Good Ordinary Light Spotted Color.
Spotted Cotton
28.421 Good Middling Spotted Color.
28.422 Strict Middling Spotted Color.
28.423 Middling Spotted Color.
28.424 Strict Low Middling Spotted Color.
28.425 Low Middling Spotted Color.
28.426 Strict Good Ordinary Spotted Color.
Tinged Cotton
28.431 Strict Middling Tinged Color.
28.432 Middling Tinged Color.
28.433 Strict Low Middling Tinged Color.
28.434 Low Middling Tinged Color.
Yellow Stained Cotton
28.441 Strict Middling Yellow Stained Color.
28.442 Middling Yellow Stained Color.
Below Color Grade Cotton
28.451 Below Color Grade Cotton.
Official Cotton Standards of the United States for the Leaf Grade of
American Upland Cotton
Leaf Grades
28.461 Leaf Grade 1.
28.462 Leaf Grade 2.
28.463 Leaf Grade 3.
28.464 Leaf Grade 4.
28.465 Leaf Grade 5.
28.466 Leaf Grade 6.
28.467 Leaf Grade 7.
Below Leaf Grade Cotton
28.471 Below Leaf Grade Cotton.
General
28.480 General.
28.481 Alternate title for standards.
28.482 United States Cotton Futures Act.
Official Cotton Standards of the United States for the Color Grade of
American Pima Cotton
28.501 Color Grade No. 1.
28.502 Color Grade No. 2.
28.503 Color Grade No. 3.
28.504 Color Grade No. 4.
28.505 Color Grade No. 5.
28.506 Color Grade No. 6.
28.507 Color Grade No. 7.
28.508-28.510 [Reserved]
Official Cotton Standards of the United States for the Leaf Grade of
American Pima Cotton
28.511 Leaf Grade No. 1.
28.512 Leaf Grade No. 2.
28.513 Leaf Grade No. 3.
28.514 Leaf Grade No. 4.
28.515 Leaf Grade No. 5.
28.516 Leaf Grade No. 6.
28.517 Leaf Grade No. 7.
Application of Standards and Explanatory Terms
28.521 Application of color and leaf grade standards.
28.522 Explanatory terms.
Symbols and Code Numbers Used in Recording Cotton Classification
28.525 Symbols and code numbers.
Official Cotton Standards of the United States for Fiber Fineness and
Maturity
28.601 Official cotton standards for fiber fineness and maturity.
28.602 Terms of designations.
28.603 Procedures for air flow tests of micronaire reading.
Subpart D_Cotton Classification and Market News Service for Producers
Definitions
28.901 Definitions.
Administration
28.902 Director.
Classification and Market News Services
28.903 Classification of samples.
28.904 Market news.
Sampling
28.906 Sampling arrangements.
28.907 Responsibilities of licensed gins or warehouses.
28.908 Samples.
28.909 Costs.
Classification
28.910 Classification of samples and issuances of classification data.
[[Page 22]]
28.911 Review classification.
Limitations of Services
28.917 Limitations of Services.
Subpart E_Cotton Fiber and Processing Tests
Definitions
28.950 Terms defined.
Administration
28.951 Director.
Fiber and Processing Tests
28.952 Testing of samples.
28.953 Requirements as to samples.
28.954 Costs of submitting samples.
28.955 Disposition of samples.
28.956 Prescribed fees.
28.957 Special tests and fees.
28.958 Payment of fees.
28.959 Limitation of testing services.
28.960 Confidential information.
28.961 False and misleading information.
Cross Reference: For regulations relating to cotton classification
under cotton futures legislation, and cottonseed sold or offered for
sale for crushing purposes, see parts 27 and 61 of this chapter.
Source: 22 FR 10930, Dec. 28, 1957, unless otherwise noted.
Subpart A_Regulations Under the United States Cotton Standards Act
Authority: 7 U.S.C. 55 and 61.
definitions
Sec. 28.1 Meaning of words.
Words used in this part in the singular form shall be deemed to
import the plural, and vice versa, as the case may demand.
Sec. 28.2 Terms defined.
As used throughout this subpart, unless the context otherwise
requires, the following terms shall be construed, respectively, to mean:
(a) The Act. The United States Cotton Standards Act, approved March
4, 1923 (42 Stat. 1517; 7 U.S.C. 51 et seq.) with such amendments as may
be made from time to time.
(b) Regulations. Regulations mean the provisions in this subpart.
(c) Department. The United States Department of Agriculture.
(d) Secretary. The Secretary of Agriculture of the United States, or
any officer or employee of the Department who has been delegated, or who
mayhereafter be delegated the authority to act for the Secretary.
(e) Service. The Agricultural Marketing Service of the U.S.
Department of Agriculture.
(f) Administrator. The Administrator of the Agricultural Marketing
Service, or any officer or employee of the Service, who has been
delegated, or who may hereafter be delegated the authority to act for
the Administrator.
(g) Program. The Cotton and Tobacco Program of the Agricultural
Marketing Service.
(h) Director. The Director of the Cotton Division, or any officer or
employee of the Division who has been delegated, or who may hereafter be
delegated the authority to act for the Director.
(i) Classing Office. A facility of the Cotton Division established
under the act at any point.
(j) Quality Assurance Division. The national classing supervision
office at Memphis, Tennessee performing final review of cotton
classification.
(k) Cotton classer. An employee of the Department so designated by
the Director after having passed the prescribed practical cotton
classing examination.
(l) License. A license issued under the Act by the Secretary to
sample cotton.
(m) Licensed warehouse or gin. A cotton warehouse or gin licensed
under the United States Cotton Standards Act to sample cotton.
(n) Cotton. The word cotton means cotton of any variety produced
within the continental United States. In this subpart, for
administrative convenience the word ``cotton'' is used to signify
vegetable hair removed from cottonseed in the usual process of ginning.
(o) Upland Cotton. All cotton grown anywhere within the continental
United States including the growths sometimes referred to as Upland,
Gulf, and Texas cotton, but excluding American Pima growths.
(p) Official Cotton Standards. Official Cotton Standards of the
United States
[[Page 23]]
for the color grade and the leaf grade of American upland cotton, the
color grade and the leaf grade of American Pima cotton, the length of
staple, and fiber property measurements, adopted or established pursuant
to the Act, or any change or replacement thereof.
(q) Universal Cotton Standards. The official cotton standards of the
United States for the grade of American upland cotton. May be referenced
informally as ``Universal standards.''
(r) Person. Individual, association, partnership, or corporation, or
two or more individuals having a joint or common interest.
(s) Owner. Person who through financial interest, owns, controls, or
has the disposition either of cotton or of samples.
(t) Custodian. Person who has possession or control of cotton or of
samples, as agent, controller, broker, or factor, as the case may be.
(u) State. A State, Territory, or district of the United States.
(Sec. 2, Pub. Res. 72-73, 47 Stat. 1621 (7 U.S.C. 51b); sec. 3c, Pub. L.
75-28, 50 Stat. 62 (7 U.S.C. 473c))
[22 FR 10932, Dec. 28, 1957, as amended at 28 FR 10633, Oct. 3, 1963; 30
FR 6637, May 14, 1965; 42 FR 24711, May 16, 1977; 46 FR 24927, May 4,
1981; 52 FR 30880, Aug. 18, 1987; 58 FR 41993, Aug. 6, 1993; 65 FR
36600, June 9, 2000; 81 FR 7029, Feb. 10, 2016]
administrative and general
Sec. 28.3 Director.
The Director shall perform for and under the supervision of the
Secretary and the Administrator, such duties as the Secretary or the
Administrator may require in enforcing the provisions of the Act and the
regulations issued thereunder.
Sec. 28.4 Classing offices.
Classing Offices shall be maintained at points designated by the
Administrator. Requests for the review of the classification and/or
comparison of cotton performed by Classing Offices may be referred to
the Quality Control Section.
[52 FR 30881, Aug. 18, 1987]
Sec. Sec. 28.5-28.6 [Reserved]
Sec. 28.7 Area Director, Classing Office; responsibility.
Subject to this subpart and the instructions of the Director, the
Area Director of each Classing Office shall be responsible for the
proper performance of the duties imposed on such office and on the
persons connected therewith. The Area Director shall be responsible for
receiving all correspondence relating to the classification of cotton
under the act and for providing that all samples are prepared for
classification and/or comparison in such manner that the name of the
owner and/or the custodian shall be unknown to the cotton classers until
after the samples are classified.
[52 FR 30881, Aug. 18, 1987]
Sec. 28.8 Classification of cotton; determination.
For the purposes of The Act, the classification of any cotton shall
be determined by the quality of a sample in accordance with Universal
Cotton Standards (the official cotton standards of the United States)
for the color grade and the leaf grade of American upland cotton, the
length of staple, and fiber property measurements such as micronaire.
High Volume Instruments will determine all fiber property measurements
except extraneous matter, special conditions and remarks. High Volume
Instrument colormeter measurements will be used for determining the
official color grade. Cotton classers authorized by the Cotton and
Tobacco Programs will determine the presence of extraneous matter,
special conditions and remarks and authorized employees of the Cotton
and Tobacco Programs will determine all fiber property measurements
using High Volume Instruments. The classification record of a Classing
Office or the Quality Control Division with respect to any cotton shall
be deemed to be the classification record of the Department.
[77 FR 20505, Apr. 5, 2012]
Sec. 28.9 Inspection; sampling; classification.
The inspection, sampling, and classification of cotton in the United
States
[[Page 24]]
pursuant to the Act shall be performed as prescribed in this subpart.
Subject in general to the provisions of this subpart the Director may
issue from time to time instructions for the sampling, classification,
and issuance of classification memoranda for cotton classed for special
programs and other Government agencies, including the review of any
classification performed pursuant to Sec. Sec. 28.901 through 28.919.
[58 FR 41993, Aug. 6, 1993]
requests for classification and comparison
Sec. 28.15 Classification and comparison; requests.
All requests for classification and comparison shall be in writing
on a form supplied by the Division and shall contain such information as
the Director may require. For each lot or mark of cotton which the
applicant desires classified or compared separately he shall specify
which of the following forms of service is desired:
(a) Form A determination. The classification or comparison of
samples freshly drawn and submitted to a Classing Office direct from a
licensed warehouseman, at the request of the owner of the cotton or the
owner's agent. Such classification or comparison shall be evidenced by a
Form A memorandum which shall be subject to review as provided in Sec.
28.66.
(b) Form C determination. The classification of bales of cotton
inspected and sampled under the supervision of an employee of the
Division. The classification in such cases shall be evidenced by a Form
C certificate which shall be subject to review as provided in Sec.
28.66.
(c) Form D determination. The classification or comparison of
samples submitted by the owner of the cotton or the owner's agent. Such
classification or comparison shall be evidenced by a Form D memorandum
which shall be subject to review as provided in Sec. 28.66.
(d) Micronaire reading service. Micronaire (mike) reading service is
available under Forms A, C, and D determinations upon request from the
applicant and subject to the fees specified in Sec. 28.116 of this part
28.
[22 FR 10932, Dec. 28, 1957, as amended at 31 FR 7734, June 1, 1966; 52
FR 30881, Aug. 18, 1987]
Sec. 28.16 Request for return of samples.
Any applicant desiring return of the samples after classification or
comparison is completed, at the applicant's expense, shall indicate this
service on the form used for requesting such classification or
comparison.
[52 FR 30881, Aug. 18, 1987]
Sec. 28.17 Filing of requests for classification or comparison.
All requests for classification or comparison leading to Form A,
Form D memoranda or, Form C certificates shall be filed with the
Classing Office which serves the territory in which the cotton is
located. Samples which are submitted to any Classing Office for
classification or comparison may be referred by such Classing Office to
another Classing Office for classification or comparison.
[52 FR 30881, Aug. 18, 1987]
Sec. 28.18 One request only for classification.
Not more than one request for a Form A determination, or a Form C
determination, or a Form D determination of the same cotton, except a
request for a review determination, shall be filed by the same owner
within any 30-day period. Any subsequent request shall be accomplished
by redrawn samples and the Area Director may require that any Form A or
Form D memoranda, Form C certificates, or other classification data
previously issued by a Classing Office with respect to samples
purporting to represent the same cotton shall be returned before such
redrawn samples are classed.
[52 FR 30881, Aug. 18, 1987]
Sec. 28.19 Withdrawal or rejection of classification request.
Any classification request may be withdrawn by the applicant at any
time before the classification of the cotton covered thereby, subject to
the payment of such fees, if any, as may be prescribed in these
regulations. Any
[[Page 25]]
classification request may be rejected by the Area Director or the Head
of the Quality Control Section for noncompliance with the act or this
subpart.
[52 FR 30881, Aug. 18, 1987]
licensing of warehouses and gins for sampling
Authority: Sections 28.20 to 28.24 issued under sec. 2, Pub. Res.
72-73, 47 Stat. 1621 (7 U.S.C. 51b); sec. 3c, Pub. L. 75-28, 50 Stat. 62
(7 U.S.C. 473c).
Source: Sections 28.20 through 28.24 appear at 42 FR 24711, May 16,
1977, unless otherwise noted.
Sec. 28.20 When license is required.
Samples for Form A determination shall be accepted under this
subpart from licensed warehousemen only. Samples for classification
pursuant to Sec. Sec. 28.901 through 28.917 shall be accepted from
licensed gins or warehouses. No license is required to sample cotton for
Form C or Form D determination.
Sec. 28.21 Eligibility and application.
Any cotton warehouse or gin which may desire to submit samples for
determination or classification for which a license is required under
Sec. 28.20 shall be eligible for a license. Application for licenses to
draw and submit samples shall be submitted by warehouses and gins on
forms furnished by the Division.
Sec. 28.22 Authority granted by license.
Licenses issued by the Division shall authorize the warehouse to
draw and submit samples from cotton stored in the warehouse for Form A
determination or for classification pursuant to Sec. Sec. 28.901
through 28.917. Licenses issued by the Division shall authorize gins to
draw and submit samples from cotton ginned at the gin for classification
pursuant to Sec. Sec. 28.901 through 28.917. Licenses shall be valid
for a period of five years.
Sec. 28.23 Suspension or revocation of license.
(a) Any license issued to a warehouse or gin to sample cotton may be
suspended or revoked, following notice and opportunity for hearing, if
the licensee has knowingly or carelessly sampled cotton improperly, or
has submitted improper samples for classification, or has violated any
provision of the Act or the regulations, or has used the license, or
allowed it to be used, for any improper purpose.
(b) Procedure. (1) All cases arising under this paragraph shall be
conducted under the Uniform Rules of Practice, 7 CFR 1.130 et seq., and
instituted upon a complaint filed by the Administrator.
(2) In all cases except those involving willfulness, or in which the
public health, interest, or safety otherwise requires, prior to the
institution of a formal proceeding, the Administrator shall give written
notice to the licensee of facts or conduct which appear to warrant
institution of such a proceeding and shall afford the licensee the
opportunity, within a reasonable time, to demonstrate or achieve
compliance with the Act and regulations.
(c) Suspension pending adjudication. In any situation where the
integrity of sampling procedures would be seriously jeopardized if a
license remained valid pending formal adjudication, the Administrator
may temporarily suspend the license effective on or after the third day
after mailing notice thereof to the licensee's last know address. Notice
of temporary suspension may be made at or after the filing of a
complaint and shall contain the reasons for the action.
(d) Conditional suspension. (1) The Administrator may temporarily
suspend a license, without hearing, for a correctable cause. Such
suspension, after appropriate corrective action is taken, will
terminate.
(2) Written notice shall be given to the licensee in advance of a
temporary suspension if practicable, or within 2 days of oral notice,
stating the reasons and grounds for temporary suspension.
(3) A licensee may request a formal hearing procedure following
receipt of oral or written notice of temporary suspension.
(e) During any period in which the cotton sampling license of a
warehouse or gin is suspended or revoked, the Division will not accept
any samples from the licensee for Form A determination, or for
classification pursuant to Sec. Sec. 28.901 through 28.917.
[[Page 26]]
Sec. 28.24 Surrender of license certificate.
In the event of suspension or revocation of a license, the licensee
shall promptly surrender the license to the Division.
drawing, submission and disposition of samples
Sec. 28.25 Samples for Form A determination.
Samples for Form A determination shall be drawn, handled,
identified, and shipped by a licensed warehouse according to the methods
and procedures specified in this section. Any samples or set of samples
which do not meet these specified requirements may be rejected by the
Area Director.
(a) Samples shall be freshly drawn.
(b) Each sample shall consist of two portions, one drawn from each
side of the bale. Each portion shall be at least six (6) inches wide and
approximately twelve (12) inches long and shall weigh at least three (3)
ounces.
(c) Where it is necessary to draw two sets of samples, a single cut
should be made in each side of the bale, and the portion of cotton
removed from each cut should be broken in half across the layers to
provide two complete samples. In those cases where this method would
result in samples of insufficient length, it will be acceptable to split
the sample lengthwise along the layers provided the outside portion from
each side is submitted for the official classification.
(d) Dressing, trimming, or discarding part of the sample is
prohibited. No part of the cotton or pieces of bagging, leaf, grass,
dirt, sand, or any other material shall be removed from either side of
the sample.
(e) A coupon showing the correct warehouse bale number and name and
address of warehouse shall be placed between the two portions of each
sample.
(f) Samples shall be identified and sacked immediately after they
are cut without further handling prior to shipment to the Classing
Office.
(g) Samples shall be addressed to and mailed, shipped, or delivered
direct to the Classing Office serving the territory in which the
warehouse is located. Samples shall in no case be consigned or routed
through the owner or custodian of the cotton. Samples mailed or shipped
shall be prepaid.
(h) The Area Director may require that any licensed warehouse shall
provide the crop year, gin name and gin bale number for each sample
submitted whenever the Area Director deems that such information is
necessary in order to assure that each sample is properly identified
with the correct bale of cotton.
(i) The licensed warehouse shall cooperate with employees of the
Division making inspections of sampling procedures, and shall draw or
permit the drawing of such additional samples, without charge as may be
deemed necessary to appraise sampling procedures.
(Sec. 2, Pub. Res. 72-73, 47 Stat. 1621 (7 U.S.C. 51b); sec. 3c, Pub. L.
75-28, 50 Stat. 62 (7 U.S.C. 473c), sec. 10, 42 Stat. 1519, sec. 3c, 50
Stat. 62; 7 U.S.C. 61, 473c)
[28 FR 10633, Oct. 3, 1963, as amended at 42 FR 24712, May 16, 1977; 45
FR 46783, July 11, 1980; 52 FR 30881, Aug. 18, 1987]
Sec. 28.26 Samples for Form C determination.
Samples submitted for Form C determination shall be drawn under the
supervision of a Division employee who shall retain custody or control
of the samples until they are shipped prepaid or delivered at the
applicant's expense to the Classing Office serving the territory in
which the bales of cotton are located.
[52 FR 30881, Aug. 18, 1987]
Sec. 28.27 Samples for Form D determination.
Samples for Form D determination shall be shipped or delivered at
the owner's expense to the Classing Office serving the territory in
which the samples are located. A tag or coupon showing the bale number
of the bale from which the sample was drawn, or other identification,
shall be placed between the two portions of each sample.
[52 FR 30881, Aug. 18, 1987]
[[Page 27]]
Sec. 28.28 Lost or damaged samples.
If any samples are lost, damaged, or mutilated, the Area Director
shall inform the applicant.
[52 FR 30882, Aug. 18, 1987]
Sec. 28.29 Return of samples.
When so stipulated in the classification request for Form A, C or D
detemination, the samples submitted shall be returned to the applicant
at the applicant's expense, at the time the memorandum is issued or when
the request for classification is withdrawn or rejected.
[52 FR 30882, Aug. 18, 1987]
Sec. 28.30 Samples not returned are property of Department.
Samples not returned in accordance with this subpart, and loose
cotton separated from samples in the handling and classification
thereof, shall become the property of the Department.
[28 FR 10633, Oct. 3, 1963]
violations
Sec. 28.31 Denial of service.
The Administrator may for good cause, including the acts or
practices set forth in Sec. 28.32, debar any person, including the
agents, officers, subsidiaries, or affiliates of such person, from any
or all benefits of the Act for a specified period, after notice and
opportunity for hearing has been afforded. Procedures outlined, or
referred, in part 50 of this chapter (7 CFR 50.1 et seq.) shall govern
proceedings under this section.
(Sec. 2, Pub. Res. 72-73, 47 Stat. 1621 (7 U.S.C. 51b); sec. 3c, Pub. L.
75-28, 50 Stat. 62 (7 U.S.C. 473c))
[42 FR 24712, May 16, 1977]
Sec. 28.32 Misrepresentation; deceptive or fraudulent acts or practices;
violations.
Any of the following acts or practices may result in debarment from
any or all benefits of the Act:
(a) Any knowing misrepresentation or deceptive or fraudulent act or
practice made or committed, or attempted to be committed, by any person
in connection with
(1) Any request for classification,
(2) The drawing, handling, identifying, or submitting of any samples
for classification,
(3) The making, issuing, or using of any memorandum or certificate
of classification issued by a Classing Office or the Quality Assurance
Division or
(b) Any knowing violation of the regulations in this subpart or of
the Act.
[28 FR 10634, Oct. 3, 1963, as amended at 52 FR 30882, Aug. 18, 1987; 81
FR 7029, Feb. 10, 2016]
classification
Sec. 28.35 Method of classification.
All cotton samples shall be classified on the basis of the Universal
Cotton Standards, the official cotton standards of the United States in
effect at the time of classification.
[81 FR 7029, Feb. 10, 2016]
Sec. 28.36 Order of classification.
All samples for which classification requests are pending shall be
classified, as far as practicable, in the order in which the samples are
delivered for classification. When in the opinion of the Area Director
or Quality Assurance Director there is a need to deviate from this order
of classification, the director shall designate which samples will be
given priority in classification.
[81 FR 7029, Feb. 10, 2016]
Sec. 28.37 Exposing of samples for classification.
Classification shall not proceed until the samples, after being
delivered to the Program, shall have been exposed for such length of
time as in the judgment of the Area Director or Quality Assurance
Director shall be sufficient to put them in proper condition for the
purpose.
[81 FR 7029, Feb. 10, 2016]
Sec. 28.38 Lower class (of two samples) to determine classification.
If a sample drawn from one portion of a bale is lower class than one
drawn from another portion of such bale, except as otherwise provided in
this subpart, the classification of the bale shall
[[Page 28]]
be that of the sample showing the lower class.
[81 FR 7029, Feb. 10, 2016]
Sec. 28.39 [Reserved]
Sec. 28.40 Terms defined; cotton classification.
For the purposes of classification of any cotton or of its
comparison with a type or other samples, the following terms shall be
construed, respectively, to mean:
(a) Fire-damaged cotton. In those cases where it is certain that the
cotton is fire damaged, the classification record shall be marked Code
97 (Fire-Damaged Upland Cotton saw ginned) and no official color grade
assigned to the sample.
(b) Micronaire (mike) reading. The measurement of the fiber fineness
and maturity, in combination, of cotton as determined by an airflow
instrument. For any cotton that has a micronaire reading of 2.6 or
lower, the Classing Office will enter the micronaire reading on all
classification memoranda issued for such cotton.
(c) Extraneous matter. Extraneous matter is any substance appearing
in a cotton sample that is not discernible in the official cotton
standards. Such material may consist of rough preparation, sand, dust,
oil, grass, whole seeds, parts of seeds, motes, spindle twist, bark,
stems, cloth and plastic.
(d) Re-ginned cotton. Cotton that, after having been ginned and
baled, has been subjected to a ginning process and then re-baled.
Responsibility for identifying cotton, which has been actually re-
ginned, rests with the owner of the cotton or the owner's agent.
(e) Repacked cotton. Cotton that is composed of factors', brokers',
or other samples, or of loose or miscellaneous lots collected and
rebaled, or cotton in a bale which is composed of cotton from two or
more smaller bales or parts of bales that are combined after the cotton
leaves the gin.
(f) False packed cotton. Cotton in a bale (1) containing substances
entirely foreign to cotton; (2) containing damaged cotton in the
interior with or without any indication of such damage upon the
exterior; (3) composed of good cotton upon the exterior and decidedly
inferior cotton in the interior, in such manner as not to be detected by
customary examination; or (4) containing pickings or linters worked into
the bale.
(g) Mixed-packed cotton. Cotton in a bale which, in the sample taken
therefrom, shows a difference of two or more color grades, and/or a
difference of two or more color groups, or grade of the other side that
is one color grade and one color group higher between the two portions
of the sample. White, Light Spotted, Spotted, Tinged, and Yellow Stained
shall each constitute a color group. The classification assigned will be
that of the portion showing the lower color grade. The classification
record for the bale will contain a code 75, to designate mixed quality.
(h) Water-damaged cotton. Cotton in a bale that has been penetrated
by water during the baling process, causing damage to the fiber, or a
bale that through exposure to the weather or by other means, while
apparently dry on the exterior, has been damaged by water in the
interior. If such condition can be ascertained, the classification
record shall be marked Code 98 (Water-Damaged Upland Cotton saw ginned)
and no official color grade will be assigned.
[22 FR 10933, Dec. 28, 1957, as amended at 26 FR 5945, July 1, 1961; 32
FR 7011, May 9, 1967; 52 FR 30882, Aug. 18, 1987; 81 FR 7029, Feb. 10,
2016]
sample or type comparison
Sec. 28.45 Scope of comparison; requests.
A comparison of cotton samples with a type may be requested with
respect to grade, or to staple, including any of the component qualities
embodied in the grade, or to all these factors. The classification of
the type and the samples in accordance with the official cotton
standards of the United States may also be requested. The applicant must
specify in a written request the scope of service desired.
[52 FR 30882, Aug. 18, 1987]
Sec. 28.46 Method of submitting samples and types.
The method of submitting samples and types for comparison shall be
the same as that prescribed in this subpart for submitting samples for
classification.
[[Page 29]]
Sec. 28.47 Statement of finding for comparisons.
For requests to compare samples to a type, findings shall be stated
in terms of the classification of each sample submitted, the
classification of the type as measured by the official cotton standards
of the United States, and other explanatory notations as needed.
[81 FR 7030, Feb. 10, 2016]
certificates and memoranda
Sec. 28.55 Issuance of memoranda and certificates.
As soon as practicable after the classification of cotton has been
completed by a Classing Office, there shall be issued a cotton class
memorandum or certificate of the appropriate kind showing the results of
such classification. Upon request from an applicant, classification
results may be issued in preliminary form on record sheets.
[52 FR 30882, Aug. 18, 1987]
Sec. 28.56 Form A and Form D memorandum.
(a) When a classification and/or comparison has been made of any
samples submitted to a Classing Office direct from a public warehouse,
the results of such classification and/or comparison may be stated in a
Form A memorandum.
(b) When a classification and/or comparison has been made of any
samples submitted by the owner of the cotton or the owner's agent, the
results of such classification and/or comparison may be stated in a Form
D memorandum.
(c) Form A and Form D memoranda shall not be deemed to be final
certificates within the meaning of section 4 of the Act (42 Stat. 1517;
7 U.S.C. 54).
[22 FR 10930, Dec. 28, 1957, as amended at 52 FR 30882, Aug. 18, 1987]
Sec. 28.57 Form C certificate.
When classification has been made of cotton inspected and sampled
under supervision of a Division employee there shall be issued a cotton
class certificate known as a Form C certificate. Each Form C certificate
shall show the true classification of the cotton in the respects
specified in the request. Such certificate, when it has been once
reviewed in accordance with Sec. 28.66, shall be deemed to be a final
certificate as to the classification shown, within the meaning of
section 4 of the Act (42 Stat. 1517; 7 U.S.C. 54), in all cases except
when superseded by a certificate or award made as provided in Sec.
28.161.
Sec. 28.58 New memorandum or certificate; issuance.
Upon the written request of a holder of a cotton class memorandum or
certificate issued under this subpart, a new memorandum or certificate
shall be issued, without the reclassification of the cotton, to take the
place of the former memorandum or certificate for any cotton covered
thereby, when necessary on account of the breaking or splitting of a lot
or otherwise for the business convenience of such holder. In any case
where a new memorandum or certificate is requested in accordance with
this section the former memorandum or certificate shall be surrendered
for cancellation, and such new memorandum or certificate shall bear a
new number and the date of its issuance and the date of original
classification and shall otherwise comply with this subpart.
Sec. 28.59 Lost memorandum or certificate may be replaced by duplicate.
Upon the written request of the last holder of a valid Form A or
Form D memorandum, or Form C Certificate and a showing to the
satisfaction of the Area Director of the Classing Office which issued
such memorandum or certificate that it has been lost or destroyed and,
if lost, that diligent effort has been made to find it without success,
a new memorandum or certificate shall be issued without the
reclassification of the cotton. Such new memorandum or certificate shall
bear the same number and date of issuance as the lost or destroyed
memorandum or certificate and shall include a statement to the effect
that it is a duplicate issued in lieu of the lost or destroyed original,
as the case may be.
[52 FR 30882, Aug. 18, 1987]
[[Page 30]]
Sec. 28.60 Surrender of memoranda or certificates.
For good cause, any memorandum or certificate issued under this
subpart shall be surrendered to the Area Director of the Classing Office
which issued it, upon the Area Director's request or upon the request of
the Director. A new memorandum or certificate complying with this
subpart may be issued in substitution therefor. If such memorandum or
certificate be not surrendered upon such request, it shall nevertheless
be invalid for the purposes of the act and this subpart.
[52 FR 30882, Aug. 18, 1987]
reviews
Sec. 28.65 Provisions for reviews.
Reviews of classifications or comparisons represented by Form A or D
memoranda or Form C certificates shall be governed by Sec. 28.66.
Sec. 28.66 Review procedure.
A review of any Form A, C, or D determination may be requested by
the owner or custodian of the cotton from which the sample was drawn
within 30 days after the issuance of the original memorandum. Such
review shall cover all of the quality factors for which the original
determination was made. Requests for reviews of Form A or D
determinations may be filed with, and the review made by, the Classing
Office which issued such memorandum or the Quality Control System.
Requests for reviews of Form C determinations shall be filed with, and
the reviews made by, the Quality Control System. Redrawn samples shall
be required for reviews of Form A and Form C determinations except in
cases where the original samples have remained, identity preserved, in
the custody of the Division. When redrawn samples are necessary, they
shall be drawn and submitted as prescribed in this subpart. As evidence
of a review determination, a Form A or D memorandum or Form C
certificate appropriately marked to indicate that it represents a review
determination shall be issued to the applicant requesting the review.
The applicant may be required by the Classing Office or the Quality
Control Section issuing such review determination to surrender the
original classification memorandum or certificate. In any event the
review determination shall supersede and invalidate the original
determination.
[52 FR 30882, Aug. 18, 1987]
Sec. 28.68 Withdrawal of application for review.
Any application for review may be withdrawn by the applicant at any
time before the review classification of the cotton covered thereby has
been completed, subject to the payment of such fees, if any, as may be
prescribed in this subpart.
practical forms of cotton standards
Sec. 28.105 Practical forms of cotton standards.
(a) Practical forms of the cotton standards of the United States
prepared in physical form, each certified under the seal of the U.S.
Department of Agriculture and under the signature of the Administrator,
thereto affixed by the Administrator or by some other official or
employee of the Department duly authorized by the Administrator, and in
the case of the standards for grade accompanied by photographs
representing the cotton in such practical forms on the date of
certification, are available for sale to any person requesting the same,
subject to the other conditions of this section.
(b) Each application for practical forms of the cotton standards
shall be upon an application form furnished by the Division, shall be
signed by the applicant, and shall incorporate the following conditions:
(1) That no practical form of any of the cotton standards for the
grade of American Upland cotton shall be considered or used as
representing such standards after the date of its cancellation in
accordance with this section or in any event after the expiration of 12
months following the date of its certification: Provided, That sets of
practical forms stored, protected, and preserved in accordance with
certain agreements for the adoption of universal standards may be used
for such periods as may be prescribed in such agreements.
[[Page 31]]
(2) That said practical forms and the photographs accompanying them
shall be subject to inspection on any business day, between the hours of
9 a.m. and 4 p.m., by the Administrator or by an officer or agent of the
Department authorized by the Administrator for that purpose.
(3) That the signature of the Administrator certifying to any
practical form, or any photograph of said practical form accompanying
the same, or both, may be cancelled if it be found, upon such
inspection, either that copy of said forms for any reason misrepresents
the cotton standards or that any such photographs have been altered or
mutilated.
[22 FR 10930, Dec. 28, 1975, as amended at 48 FR 37003, Aug. 16, 1983;
52 FR 30883, Aug. 18, 1987]
Sec. 28.106 Universal cotton standards.
Whenever any of the official cotton standards shall have been
adopted as universal standards by an association or exchange located in
a country other than the United States, the name of such association or
exchange may be shown on the outside of the box or container.
Sec. 28.107 Original cotton standards and reserve sets.
(a) The containers of the original Universal Standards and other
official cotton standards of the United States currently adopted,
whenever such official standards are represented by practical forms,
shall be marked as prescribed in the order or orders of their
establishment, and shall be wrapped and sealed. After being so marked,
wrapped and sealed, they shall be held in secure storage in the custody
of the U.S. Department of Agriculture. The Director may authorize the
temporary removal of such containers from storage and the transporting
of the containers to other locations for purposes of Universal Cotton
Standards Conferences and other purposes as deemed necessary by the
Director. Such containers shall remain in the control and custody of the
Director until the original standards contained therein are superseded
by new or revised standards.
(b) At each Universal Cotton Standards Conference held for approving
key copies of the Universal Standards there shall be prepared two full
sets of practical forms of copies of such standards, which shall be
known as ``Reserve Sets'' and which, upon the certification and
recommendation of qualified experts, shall be certified by such experts
as true copies of the currently adopted standards as and when
established. Such reserve sets shall be enclosed in metal-lined cases
and sealed in the presence of a special committee duly authorized by the
Director and composed of representatives from the associations attending
the conference and the Department. The special committee shall deposit
the set designated as the First Reserve Set in a vault in a bank in
Memphis, Tenn. The Division shall keep the set designated as the Second
Reserve Set in secure storage. These reserve sets shall remain sealed
and deposited until such time as they shall be required for examination
and use as set forth in paragraph (c) of this section.
(c) At the beginning of the next Universal Cotton Standards
Conference, a special committee duly authorized by the Director and
composed of representatives from the associations attending the
conference and the Department shall deliver the First Reserve Set from
its storage place to the site of the conference. This special committee
shall witness the opening of the First Reserve Set for display at the
conference. The Director shall arrange for removal of the Second Reserve
Set from its storage place and for the transport of such set to the site
of the conference. If upon examination of the First Reserve Set by
representatives at the conference it should appear that such set has
undergone any substantial change, the Second Reserve Set shall be opened
and used in its stead.
(d) The First Reserve Set of each conference or the Second Reserve
Set, if it has been used in place of the First Reserve Set, as provided
in paragraph (c) of this section shall be retained by the Division until
the currently adopted standards which they represent have been
superseded by new or revised standards.
[30 FR 6637, May 14, 1965, as amended at 48 FR 16874, Apr. 20, 1983; 52
FR 30883, Aug. 18, 1987]
[[Page 32]]
fees and costs
Sec. 28.115 Fees and costs; payment.
All charges for practical forms of cotton standards and all fees and
expenses for services of inspection of bales and supervision of
sampling, classification, comparison, or review by a Classing Office
shall be paid at the time of filing the request for the service desired,
except that in the discretion of the Director bills may be delivered to
persons from whom payment or charges or fees may become due. Such bills
shall be rendered as soon as practicable after the last day of each
month for amounts due and unpaid on such dates. When necessary, in the
discretion of the Area Director, any bill may be rendered at an earlier
date for any charges or fees then due from the person to whom such bill
may be rendered. Payment of any such bill shall be made as soon as
possible after the rendition thereof, but in any event not later than
the expiration of 2 weeks thereafter.
[52 FR 30883, Aug. 18, 1987]
Sec. 28.116 Amounts of fees for classification; exemption.
(a) For the classification of any cotton or samples, the person
requesting the services shall pay a fee, based on the description that
follows, subject to the additional fee provided by paragraph (c) of this
section.
(1) For each calendar year, AMS will calculate the rate for services
per hour per program employee using the following formulas:
(i) Regular rate. The total AMS grading or classification program
personnel direct pay divided by direct hours, which is then multiplied
by the next year's percentage of cost of living increase, plus the
benefits rate, plus the operating rate, plus the allowance for bad debt
rate. If applicable, travel expenses may also be added to the cost of
providing the service.
(ii) Overtime rate. The total AMS grading or classification program
personnel direct pay divided by direct hours, which is then multiplied
by the next year's percentage of cost of living increase and then
multiplied by 1.5 plus the benefits rate, plus the operating rate, plus
an allowance for bad debt. If applicable, travel expenses may also be
added to the cost of providing the service.
(iii) Holiday rate. The total AMS grading or classification program
personnel direct pay divided by direct hours which is then multiplied by
the next year's percentage of cost of living increase and then
multiplied by 2, plus benefits rate, plus the operating rate, plus an
allowance for bad debt. If applicable, travel expenses may also be added
to the cost of providing the service.
(2) For each calendar year, based on historical costs, AMS will
calculate the benefits, operating, and allowance for bad debt components
of the regular, overtime and holiday rates as follows:
(i) Benefits rate. The total AMS grading or classification program
direct benefits costs divided by the total hours (regular, overtime, and
holiday) worked, which is then multiplied by the next calendar year's
percentage cost of living increase. Some examples of direct benefits are
health insurance, retirement, life insurance, and Thrift Savings Plan
(TSP) retirement basic and matching contributions.
(ii) Operating rate. The total AMS grading or classification program
operating costs divided by total hours (regular, overtime, and holiday)
worked, which is then multiplied by the percentage of inflation.
(iii) Allowance for bad debt rate. Total AMS grading or
classification program allowance for bad debt divided by total hours
(regular, overtime, and holiday) worked.
(3) The calendar year cost of living expenses and percentage of
inflation factors used in the formulas in this section are based on the
most current Office of Management and Budget's Presidential Economic
Assumptions.
(b) When a comparison is requested of any samples with a type or
with other samples, the fees prescribed in paragraph (a) of this section
shall apply to every sample involved, including each of the samples of
which the type is composed.
(c) An additional fee based on current shipping rates shall be
assessed for returning samples unless the request for service is so
worded that the samples
[[Page 33]]
become government property immediately after classification.
(d) For any review of classification or comparison of any cotton,
the fees prescribed in paragraph (a) of this section shall apply. The
additional fee prescribed in paragraph (c) of this section is not
applicable to review of classification if made on the same sample as the
original class or comparison.
[79 FR 67318, Nov. 13, 2014]
Sec. 28.117 Fee for new memorandum or certificate.
For each new memorandum or certificate issued in substitution for a
prior memorandum or certificate at the request of the holder, thereof,
on account of the breaking or splitting of the lot of cotton covered
thereby or otherwise for his business convenience, the person requesting
such substitution shall pay a fee determined as described in Sec.
28.116. If the memorandum is provided by electronic means, the fee shall
be determined using the same provisions.
[79 FR 67319, Nov. 13, 2014]
Sec. 28.118 When no fee collected for new certificate or memorandum.
No fee shall be collected for a new cotton class certificate or
memorandum issued in lieu of a prior certificate or memorandum solely
for the purpose of correcting clerical errors therein, or for the
purpose of substituting a new form applicable to outstanding
certificates or memorandums, or without an application therefor.
Sec. 28.119 Fee when request for classification is withdrawn.
When the request for the classification or comparison of any cotton
or an application for review shall be withdrawn after the classification
of such cotton has been started pursuant thereto, the person filing the
same shall pay the prescribed fee as to any such cotton already
classified.
Sec. 28.120 Expenses to be borne by party requesting classification.
For any samples submitted for Form A, Form C, or Form D
determinations, the expenses of inspecting and sampling, or supervising
the sampling, and the preparation of the samples and delivery of such
samples to the classification room or other place specifically
designated for the purpose by the Director shall be borne by the party
requesting classification.
[56 FR 24673, May 31, 1991]
Sec. 28.121 Advance deposits.
Upon request, the person from whom any payment under this subpart
may become due shall make an advance deposit to cover such payment in
such amount as may be necessary in the judgment of the official of the
Program requesting the same.
[81 FR 7030, Feb. 10, 2016]
Sec. 28.122 Fee for practical classing examination.
The fee for the practical classing examination for cotton shall be
determined as described in Sec. 28.116. Any applicant who passes the
examination may be issued a certificate indicating this accomplishment.
Any person who fails to pass the examination may be reexamined. The fee
for this practical reexamination will be determined as described in
Sec. 28.116.
[79 FR 67319, Nov. 13, 2014]
Sec. 28.123 Costs of practical forms of cotton standards.
The costs of practical forms of the cotton standards of the United
States are as follows:
------------------------------------------------------------------------
Dollars each box or roll
---------------------------------------
Domestic shipments Shipments
-------------------- delivered outside
the continental
Effective date: July 1, 1992 United States
f.o.b. -------------------
Memphis, Surface Air
TN delivery Air parcel
freight post
collect delivered
------------------------------------------------------------------------
Grade Standards:
American Upland............... $125 $130 $125 $165
American Pima................. 160 165 160 200
Standards for length of staple:
American Upland (prepared in 19 22 19 33
one pound rolls for each
length)......................
American Pima (prepared in one 20 23 20 34
pound rolls for each length).
------------------------------------------------------------------------
[[Page 34]]
[57 FR 27892, June 23, 1992]
Sec. 28.124 Payments; procedure.
Any payment or advance deposit under Sec. Sec. 28.115 through
28.123 shall be by check, draft, or money order, payable to the order of
the ``Agricultural Marketing Service, USDA'', and may not be made in
cash except in cases where the total payment or deposit does not exceed
$1.
[22 FR 10937, Dec. 28, 1957, as amended at 30 FR 6637, May 14, 1965]
Sec. 28.125 No voiding or modifying claims for payment.
Nothing in this subpart shall be construed to void or modify any
claim which a person or party requesting and paying for a service may
have against any other person or party for the payment of part or all of
such costs.
Sec. 28.126 Loaning of forms and exhibits.
In the discretion of the Director, limited numbers of copies of the
practical forms of any of the official standards, or specially prepared
exhibits illustrating any of such standards or cotton samples, may be
loaned to governmental agencies for official purposes or to educational
and other institutions or organizations for demonstration purposes.
adjustment of contract disputes
Sec. 28.160 Cotton examiners on foreign exchanges.
Whenever any association or exchange in any country other than the
United States shall adopt the universal standards and establish them as
the basis of all transactions and contracts for American upland cotton,
made and executed according to its rules, the Director may appoint
certain members or officials of such exchanges as cotton examiners.
Insofar as the administration of the act applies to cotton involved in
contracts made in accordance with the rules of such exchange, the
administration shall be as prescribed in Sec. Sec. 28.161 through
28.162.
Sec. 28.161 Disputes involving contracts for shipment of cotton
from United States.
When an association or exchange located in a country other than the
United States shall adopt any of the official cotton standards of the
United States and when the members of the committee of such association
or exchange having final jurisdiction in the matter of appeals have been
designated as cotton examiners by the Director, such committee may be
constituted for the purposes of this act a Board of the Department and
authorized to act as follows:
(a) Insofar as the exchange has adopted the universal standards the
committee may pass upon the classification of cotton involved in a
dispute between a party in the United States and a party without the
United States to a contract made under the rules of the association or
exchange.
(b) The submission of samples of cotton involved in such a dispute
to such association or exchange or such committee in accordance with the
rules of the association or exchange shall be deemed to be a submission
to the Department.
(c) Determinations of classification made by the boards so
constituted shall be final. When so provided in the articles, rules, or
bylaws of the association or exchange, such determinations may be
evidenced by awards. If an award is made which does not state the
classification, such board will, upon request of the owner or custodian
of the cotton and the payment of a reasonable additional fee, issue a
certificate showing in detail the true classification for grade and
color of such cotton, based upon a comparison of the samples with the
universal standards or with a type or other samples on which the cotton
has been sold, as the case may be.
Sec. 28.162 Procedure.
The manner of procedure in submitting and handling samples, in
classification and in instituting and conducting arbitrations and
appeals shall be as prescribed in the articles, bylaws, and rules of the
association or exchange.
[[Page 35]]
publications media
Sec. 28.165 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
(a) Purpose. This section collects and displays the control numbers
assigned to information collection requirements of the Office of
Management and Budget contained in 7 CFR part 28 under the Paperwork
Reduction Act of 1980.
(b) Display.
------------------------------------------------------------------------
Current OMB
7 CFR sections where identified and described control No.
------------------------------------------------------------------------
28.15-28.19................................................ 0581-0008
28.20-28.24................................................ 0581-0008
28.25...................................................... 0581-0009
28.66...................................................... 0581-0008
28.105..................................................... 0581-0008
28.115..................................................... 0581-0008
28.120..................................................... 0581-0008
28.122..................................................... 0581-0008
28.139..................................................... 0581-0008
28.146..................................................... 0581-0008
28.177..................................................... 0581-0008
28.181-28.184.............................................. 0581-0008
28.904..................................................... 0581-0009
28.906..................................................... 0581-0009
28.911..................................................... 0581-0008
------------------------------------------------------------------------
[52 FR 30884, Aug. 18, 1987]
Subpart B_Classification for Foreign-Growth Cotton
Authority: Sec. 205, 60 Stat. 1090, as amended (7 U.S.C. 1624); 7
U.S.C. 471-476.
Sec. 28.175 Administrative and general.
Insofar as applicable, and not inconsistent with this subpart, the
provisions of subpart A of this part shall likewise apply to the
classification and comparison of foreign-growth cotton. For the purposes
of this subpart, foreign-growth cotton is defined as either cotton
produced outside the continental United States or cotton produced in the
continental United States but it is stored in and sample submitted for
classification from location outside the continental United States.
[81 FR 7030, Feb. 10, 2016]
Sec. 28.176 Designation of official certificates, memoranda, marks,
other identifications, and devices for purpose of the Agricultural
Marketing Act.
Subsection 203(h) of the Agricultural Marketing Act of 1946, as
amended by Public Law 272, 84th Congress, provides criminal penalties
for various specified offenses relating to official certificates,
memoranda, marks or other identifications, and devices for making such
marks or identifications, issued or authorized under section 203 of said
Act and certain misrepresentations concerning the inspection or grading
of agricultural products under said section. For the purposes of said
subsection and the provisions in this subpart, the terms listed below
shall have the respective meanings specified:
(a) Official certificate means any form of certification, either
written, printed or electronic, used under this subpart to certify with
respect to the fiber quality and conditions of samples submitted
(including the compliance of submitted samples with applicable
specifications).
(b) Official memorandum means any initial record of findings made by
an authorized person in the process of grading and classing, pursuant to
this subpart, any processing or plant-operation report made by an
authorized person in connection with grading and classing under this
subpart, and any report made by an authorized person of services
performed pursuant to this subpart.
(c) Official mark, for the purposes of this subpart, means the grade
mark, inspection mark, and any other mark associated only with the
samples submitted to the Department for classification.
(d) Official identification means any United States (U.S.) standard
designation of class, grade, quality, or condition specified in this
subpart or any symbol, stamp, label, or seal indicating that the
submitted sample has been officially graded and/or indicating the class,
grade, quality, or condition of the submitted sample.
(e) Official device means a stamping appliance branding device,
stencil, printed label or any other mechanically or manually operated
tool that is
[[Page 36]]
approved by the Administrator for the purpose of applying any official
mark or other identification to any product or the packaging material
thereof.
[22 FR 10930, Dec. 28, 1957, as amended at 81 FR 7030, Feb. 10, 2016]
Sec. 28.177 Request for classification and comparison of cotton.
The applicant shall make a separate request, using an application
supplied by the Program, for each lot or mark of cotton that the
applicant desires classified or compared separately. All requests for
classification or comparison shall be filed with the Quality Assurance
Division or the Classing Office designated by the Deputy Administrator
of the Cotton and Tobacco Program.
[81 FR 7030, Feb. 10, 2016]
Sec. 28.178 Submission of cotton samples.
Samples for foreign-growth cotton classification or comparison shall
be drawn, handled, identified, and shipped according to the methods and
procedures specified in this section. Any samples or set of samples
which do not meet these specified requirements may be rejected by the
Program.
(a) Samples shall be freshly drawn.
(b) Each sample shall consist of two portions, one drawn from each
side of the bale. Each portion shall be at least six (6) inches (15.25
cm) wide and approximately twelve (12) inches (30.5 cm) long and shall
weigh at least eight (8) ounces (227 grams).
(c) Dressing, trimming, or discarding part of the sample is
prohibited. No part of the cotton or pieces of bagging, leaf, grass,
dirt, sand, or any other material shall be removed from either side of
the sample.
(d) A barcoded coupon showing the correct location/warehouse code
and bale number along with the name and address of owner/owner's agent
shall be placed between the two portions of each sample.
(e) Samples shall be identified and sacked immediately after they
are cut without further handling prior to shipment to the Program.
(f) Samples shall be addressed to and mailed, shipped, or delivered
direct to the Program without being routed through the owner of the
cotton or the owner's agent. All expenses related to the sampling and
transportation of samples--including but not limited to any fees related
to Customs clearance such as fumigation and/or phytosanitary
certification--shall be prepaid by the owner of the cotton or the
owner's agent.
(g) All foreign-growth cotton samples submitted for classification
and/or comparison shall be enclosed in one or more wrappers, which shall
be labeled or marked, or both, in such manner as to show the location/
warehouse code; name and address of the owner/owner's agent; the number
of bales represented by the samples in each wrapper; and such other
information as may be necessary in accordance with the instructions of
the Deputy Administrator.
[81 FR 7030, Feb. 10, 2016]
Sec. 28.179 Lost or damaged samples.
The Program is not responsible for compensating the owner or owner's
agent of cotton samples that are lost, damaged or mutilated prior to the
Program taking receipt of said samples. The Program shall inform
applicants in the event that samples are lost, damaged or mutilated.
[81 FR 7030, Feb. 10, 2016]
Sec. 28.180 No return of samples.
Samples submitted for foreign-growth classification and/or
comparison will not be returned to the applicant. Loosed cotton samples
shall become the property of the Program.
[81 FR 7030, Feb. 10, 2016]
Sec. 28.181 Withdrawal of classification request.
Any classification or comparison request may be withdrawn by the
applicant at any time before the classification of the cotton covered
thereby. If the withdrawal request is communicated after the
classification/comparison has been started, the applicant shall pay the
fees prescribed in Sec. 28.188.
[81 FR 7030, Feb. 10, 2016]
[[Page 37]]
Sec. 28.182 Denial of service.
The Deputy Administrator may for good cause, including the acts or
practices set forth in Sec. 28.32(a) or any knowing violation of the
regulations in this subpart, deny any person, including the agents,
officers, subsidiaries, or affiliates of such person, from any or all
benefits of this subpart for a specified period, after notice and
opportunity for hearing has been afforded. Procedures outlined, or
referred, in part 50 of this chapter (7 CFR 50.1 through 50.12) shall
govern proceedings under this section.
[81 FR 7031, Feb. 10, 2016]
Sec. 28.183 Methods of cotton classification and comparison.
(a) The classification of foreign-growth cotton samples shall be
determined by the quality of a sample in accordance with the Universal
Cotton Standards (the official cotton standards of the United States)
for the color grade and the leaf grade of Upland Cotton, the length of
staple, and fiber property measurements such as length uniformity,
strength, and micronaire. High Volume Instruments will determine all
fiber property measurements except the determination of the presence of
extraneous matter, special conditions and remarks. High Volume
Instrument colorimeter measurements will be used for determining the
official color grade. Cotton classers certified by the Cotton and
Tobacco Program will determine the presence of extraneous matter,
special conditions and remarks and authorized employees of the Cotton
and Tobacco Program will determine all fiber property measurements using
High Volume Instruments. The classification record issued by the Quality
Assurance Division with respect to any cotton sample shall be deemed to
be the classification record of the Department.
(b) Additional procedures and methods pertaining to the
classification of foreign-growth cotton samples are outlined in
Sec. Sec. 28.36 through 28.40.
(c) When a comparison of such cotton samples with other actual
samples or with a type is requested, the procedure and methods shall be
as outlined in Sec. Sec. 28.45 through 28.47.
[81 FR 7031, Feb. 10, 2016]
Sec. 28.184 Availability of electronic cotton classification data.
As soon as practicable after the classification or comparison of
cotton has been completed, electronic cotton classification data for
each sample submitted will be made available for the owner or the
owner's agent to retrieve. The data record transmitted is representative
of only the sample submitted by the owner or the owner's agent rather
than any particular cotton bale.
[81 FR 7031, Feb. 10, 2016]
Sec. 28.185 Issuance of cotton classification memoranda.
Upon request, there shall be issued a cotton classification
memorandum which shall embody within its written or printed terms:
(a) The results of the classification or comparison.
(b) The name of the country in which the cotton was produced.
(c) The source from which the samples were received for
classification.
(d) A statement that any classification made has been on the basis
of the Universal Cotton Standards (the official cotton standards of the
United States) at the time of such classification.
(e) A statement that any classification made applies only to the
samples as submitted by the owner or the owner's agent and does not
purport to represent any particular cotton bales.
(f) The signature of the Director of the facility providing the
classification service and the date of issuance of the memorandum.
[22 FR 10930, Dec. 28, 1957, as amended at 52 FR 30884, Aug. 18, 1987.
Redesignated and amended at 81 FR 7030, 7031, Feb. 10, 2016]
Sec. 28.186 Review of cotton classification or comparison.
An immediate review of every classification or comparison made
pursuant to this subpart is performed automatically. Therefore, separate
review classification services for foreign-growth cotton are not offered
by the Program. Costs associated with such review classifications are
integrated into the fees established in Sec. 28.188.
[81 FR 7031, Feb. 10, 2016]
[[Page 38]]
Sec. 28.187 Surrender of memoranda.
For good cause, any memorandum issued under this subpart shall be
surrendered to the Program, upon the request of the Director of the
Quality Assurance Division, and a new memorandum complying with this
subpart issued in substitution therefor. If the memorandum is not
surrendered upon such request, it shall nevertheless be invalid for the
purpose of this subpart.
[81 FR 7031, Feb. 10, 2016]
Sec. 28.188 Fee amounts.
The provisions of Sec. Sec. 28.116 through 28.119 relating to fees
shall apply to services performed with respect to foreign-growth cotton.
[81 FR 7031, Feb. 10, 2016]
Sec. 28.189 Expenses to be borne by party requesting classification.
For any samples submitted for foreign-growth classification, all
expenses related to the sampling and transportation of samples, which
may include but is not limited to any fees related to Customs clearance
such as fumigation and/or phytosanitary certification, shall be prepaid
by the owner of the cotton or the owner's agent.
[81 FR 7031, Feb. 10, 2016]
Sec. 28.190 Advance deposits.
Advance deposit requirements for services rendered under this
subpart are specified in Sec. 28.121.
[81 FR 7031, Feb. 10, 2016]
Sec. 28.191 Payments methods.
Acceptable methods of payment or advance deposit for fees specified
in Sec. 28.188 are as follows:
(a) Credit card (Visa, MasterCard, Discover, or American Express):
For remittance of payment by credit card, cardholder's name, billing
address, credit card number, expiration date, etc. are required.
(b) Wire transfers/Electronic Fund Transfers (EFT): Electronic
payments are processed through the Federal Reserve Bank. Customer/
company name and government issued identification number are required.
All fees associated with wire transfers/EFT are the responsibility of
the remitter. Orders will not be processed until the total amount of the
order is collected.
(c) Check: Checks must be drawn on a United States bank in United
States currency and include the bank routing number on the check. Checks
should be made payable to ``USDA, AMS, Cotton and Tobacco Program''.
[81 FR 7031, Feb. 10, 2016]
Sec. 28.192 No voiding or modifying claims for payment.
Nothing in this subpart shall be construed to void or modify any
claim which a person or party requesting and paying for a service may
have against any other person or party for the payment of part or all of
such costs.
[81 FR 7031, Feb. 10, 2016]
Subpart C_Standards
Official Cotton Standards of the United States for Length of Staple
Authority: Sections 28.301 to 28.307 issued under Sec. 10, 42 Stat.
1519; 7 U.S.C. 61. Interpret or apply sec. 6, 42 Stat. 1518, as amended,
sec. 4854, 68A Stat. 580; 7 U.S.C. 56, 26 U.S.C. 4854.
Sec. 28.301 Measurement: humidity; temperature.
The length of staple of any cotton shall be the normal length by
measurement, without regard to quality or value, of a typical portion of
its fibers under a relative humidity of the atmosphere of 65 percent and
a temperature of 70 [deg]F.
Sec. 28.302 Terms of designation.
The length of staple of any cotton shall be designated by that one
of the following terms which expresses its measurement in inches and
fractions of an inch in accordance with Sec. 28.301:
``Below \13/16\; \7/8\; \29/32\; \15/16\; \31/32\; 1; 1\1/32\; 1\1/
16\; 1\3/32\; 1\1/8\; 1\5/32\; 1\3/16\; 1\7/32\; 1\1/4\; 1\9/32\; 1\5/
16\; 1\11/32\; 1\3/8\; 1\13/32\; 1\7/16\; 1\15/32\; 1\1/2\; 1\17/32\;
1\9/16\; 1\19/32\; 1\5/8\; 1\21/32\; 1\11/16\; 1\23/32\; 1\3/4\; and
upward in like manner in gradations of thirty-seconds, disregarding any
fraction less than a thirty-second.''
Sec. 28.303 Standards for length of staple for American upland cotton.
(a) Effective July 12, 1985, standards for the lengths of staple of
American
[[Page 39]]
upland cotton shall be measurements as determined by the Suter-Webb
Duplex Cotton Fiber Sorter in accordance with the test method prescribed
in paragraph (c) of this section. Ranges for each official staple length
are shown in the table below. Staple standards exceeding 1\1/4\ inches,
in graduations of thirty-second inches, will be expressed in increments
of .041 inches.
[In inches]
------------------------------------------------------------------------
Upper quartile
Staple length length range
------------------------------------------------------------------------
\13/16\................................................. .827-.847
\7/8\................................................... .909-.929
\29/32\................................................. .950-.970
\15/16\................................................. .990-1.010
\31/32\................................................. 1.031-1.051
1....................................................... 1.072-1.092
1\1/32\................................................. 1.113-1.133
1\1/16\................................................. 1.154-1.174
1\3/32\................................................. 1.195-1.215
1\1/8\.................................................. 1.236-1.256
1\5/32\................................................. 1.277-1.297
1\3/16\................................................. 1.318-1.338
1\7/32\................................................. 1.359-1.379
1\1/4\.................................................. 1.400-1.420
------------------------------------------------------------------------
(b) Cotton selected for the preparation of practical forms of staple
standards shall, to the extent practicable, measure at the mid-point of
the appropriate staple range indicated in paragraph (a) of this section.
(c) Length measurements shall be performed in accordance with the
``Standard Test Method for Length and Length Distribution of Cotton
Fibers (Array Method), ANSI/ASTM D 1440-77 (1982), which is incorporated
by reference pursuant to the provisions of 5 U.S.C. 552(a). This
standard test method has been adopted by the American Society for
Testing and Materials (ASTM) and approved as an American National
Standard by the American National Standards Institute. It is published
in the ``Annual Book of ASTM Standards,'' Part 33, volume 07.02. Copies
of the ASTM book and copies of ASTM standard D 1440-77 as a separate
publication may be obtained from ASTM, Customer Service, 1916 Race
Street, Philadelphia, PA 19103. A copy of the ASTM standard test method
is also on file at the Office of the Federal Register. A notice of any
change in the ASTM standard test method cited herein will be published
in the Federal Register.
[49 FR 28391, July 12, 1984]
Sec. 28.304 Original representation of American Pima cotton staple lengths.
The following lengths of American Pima staple are represented by a
quantity of cotton in the custody of the United States Department of
Agriculture suitably contained and marked ``Original Representation of
Official Cotton Standards of the United States'' followed in each
instance by the name of growth, appropriate designation for staple
length, and the effective date.
------------------------------------------------------------------------
Staple length (inches) Effective date
------------------------------------------------------------------------
1\5/16\................................... Aug. 1, 1961.
1\3/8\.................................... Aug. 10, 1943.
1\7/16\................................... Aug. 10, 1943.
1\1/2\.................................... Aug. 1, 1929.
------------------------------------------------------------------------
[49 FR 28391, July 12, 1984]
Sec. 28.306 Over \13/16\ inch staple.
Cotton which is more than thirteen-sixteenths of an inch in length
of staple but is not exactly one of the measurements specified in Sec.
28.302, shall be designated by that one of such measurements which comes
nearest under its true measurement.
[22 FR 10930, Dec. 28, 1957. Redesignated at 49 FR 28391, July 12, 1984]
Sec. 28.307 Bale of different staple lengths.
Whenever the length of staple of cotton taken from one part of a
bale is different from that taken from another part of the same bale,
the length of staple of the cotton in such bale shall be that of the
part which is the shorter.
[22 FR 10930, Dec. 28, 1957. Redesignated at 49 FR 28391, July 12, 1984]
Official Cotton Standards of the United States for the Color Grade of
American Upland Cotton
Authority: Section 28.401 to 28.451 issued under Sec. 10, 42 Stat.
1519; (7 U.S.C. 61). Interpret or apply Sec. 6, 42 Stat. 1518, as
amended; (7 U.S.C. 56), unless otherwise noted.
Source: 57 FR 34497, Aug. 5, 1992, unless otherwise noted.
[[Page 40]]
white cotton
Sec. 28.401 Good Middling Color.
Good Middling Color is color which is within the range represented
by a set of samples in the custody of the United States Department of
Agriculture in a container marked ``Original Official Cotton Standards
of the United States, American Upland, Good Middling, effective July 1,
1987.''
Sec. 28.402 Strict Middling Color.
Strict Middling Color is color which is within the range represented
by a set of samples in the custody of the United States Department of
Agriculture in a container marked ``Original Official Cotton Standards
of the United States, American Upland, Strict Middling, effective July
1, 1987.''
Sec. 28.403 Middling Color.
Middling Color is color which is within the range represented by a
set of samples in the custody of the United States Department of
Agriculture in a container marked ``Original Official Cotton Standards
of the United States, American Upland, Middling, effective July 1,
1987.''
Sec. 28.404 Strict Low Middling Color.
Strict Low Middling Color is color which is within the range
represented by a set of samples in the custody of the United States
Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Upland, Strict Low
Middling, effective July 1, 1987.''
Sec. 28.405 Low Middling Color.
Low Middling Color is color which is within the range represented by
a set of samples in the custody of the United States Department of
Agriculture in a container marked ``Original Official Cotton Standards
of the United States, American Upland, Low Middling, effective July 1,
1987.''
Sec. 28.406 Strict Good Ordinary Color.
Strict Good Ordinary Color is color which is within the range
represented by a set of samples in the custody of the United States
Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Upland, Strict Good
Ordinary, effective July 1, 1987.''
Sec. 28.407 Good Ordinary Color.
Good Ordinary Color is color which is within the range represented
by a set of samples in the custody of the United States Department of
Agriculture in a container marked ``Original Official Cotton Standards
of the United States, American Upland, Good Ordinary, effective July 1,
1987.''
Light Spotted Cotton
Source: 57 FR 34497, Aug. 5, 1992, unless otherwise noted.
Sec. 28.411 Good Middling Light Spotted Color.
Good Middling Light Spotted Color is color which in spot or color,
or both, is between Good Middling Color and Good Middling Spotted Color.
Sec. 28.412 Strict Middling Light Spotted Color.
Strict Middling Light Spotted Color is color which in spot or color,
or both, is between Strict Middling Color and Strict Middling Spotted
Color.
Sec. 28.413 Middling Light Spotted Color.
Middling Light Spotted Color is color which in spot or color, or
both, is between Middling Color and Middling Spotted Color.
Sec. 28.414 Strict Low Middling Light Spotted Color.
Strict Low Middling Light Spotted Color is color which in spot or
color, or both, is between Strict Low Middling Color and Strict Low
Middling Spotted Color.
Sec. 28.415 Low Middling Light Spotted Color.
Low Middling Light Spotted Color is color which in spot or color, or
both, is between Low Middling Color and Low Middling Spotted Color.
Sec. 28.416 Strict Good Ordinary Light Spotted Color.
Strict Good Ordinary Light Spotted Color is color which in spot or
color, or
[[Page 41]]
both, is between Strict Good Ordinary Color and Strict Good Ordinary
Spotted Color.
Spotted Cotton
Source: 57 FR 34498, Aug. 5, 1992, unless otherwise noted.
Sec. 28.421 Good Middling Spotted Color.
Good Middling Spotted Color is color which is better than Strict
Middling Spotted Color.
Sec. 28.422 Strict Middling Spotted Color.
Strict Middling Spotted Color is color which is within the range
represented by a set of samples in the custody of the United States
Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Upland, Strict Middling
Spotted, effective July 1, 1987.''
Sec. 28.423 Middling Spotted Color.
Middling Spotted Color is color which is within the range
represented by a set of samples in the custody of the United States
Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Upland, Middling
Spotted, effective July 1, 1987.''
Sec. 28.424 Strict Low Middling Spotted Color.
Strict Low Middling Spotted Color is color which is within the range
represented by a set of samples in the custody of the United States
Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Upland, Strict Low
Middling Spotted, effective July 1, 1987.''
Sec. 28.425 Low Middling Spotted Color.
Low Middling Spotted Color is color which is within the range
represented by a set of samples in the custody of the United States
Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Upland, Low Middling
Spotted, effective July 1, 1987.''
Sec. 28.426 Strict Good Ordinary Spotted Color.
Strict Good Ordinary Spotted Color is color which is within the
range represented by a set of samples in the custody of the United
States Department of Agriculture in a container marked ``Original
Official Cotton Standards of the United States, American Upland, Strict
Good Ordinary Spotted, effective July 1, 1987.''
tinged cotton
Source: 57 FR 34498, Aug. 5, 1992, unless otherwise noted.
Sec. 28.431 Strict Middling Tinged Color.
Strict Middling Tinged Color is color which is better than Middling
Tinged Color.
Sec. 28.432 Middling Tinged Color.
Middling Tinged Color is color which is within the range represented
by a set of samples in the custody of the United States Department of
Agriculture in a container marked ``Original Official Cotton Standards
of the United States, American Upland, Middling Tinged, effective July
1, 1987.''
Sec. 28.433 Strict Low Middling Tinged Color.
Strict Low Middling Tinged Color is color which is within the range
represented by a set of samples in the custody of the United States
Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Upland, Strict Low
Middling Tinged, effective July 1, 1987.''
Sec. 28.434 Low Middling Tinged Color.
Low Middling Tinged Color is color which is within the range
represented by a set of samples in the custody of the United States
Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Upland, Low Middling
Tinged, effective July 1, 1987.''
[[Page 42]]
yellow stained cotton
Sec. 28.441 Strict Middling Yellow Stained Color.
Strict Middling Yellow Stained Color is color which is deeper than
that of Strict Middling Tinged Color.
[57 FR 34498, Aug. 5, 1992]
Sec. 28.442 Middling Yellow Stained Color.
Middling Yellow Stained Color is American Upland cotton which in
color is deeper than Middling Tinged Color.
[57 FR 34498, Aug. 5, 1992]
below color grade cotton
Sec. 28.451 Below Color Grade Cotton.
Below color grade cotton is American Upland cotton which is lower in
color grade than Good Ordinary, or Strict Good Ordinary Light Spotted,
or Strict Good Ordinary Spotted, or Low Middling Tinged, or Middling
Yellow Stained. In cotton classification, the official designation for
such cotton is Below Color Grade. The term Below Good Ordinary Color, or
Below Strict Good Ordinary Light Spotted Color, or Below Strict Good
Ordinary Spotted Color, or Below Low Middling Tinged Color, or Below
Middling Yellow Stained Color and other additional explanatory terms
considered necessary to describe adequately the condition of the cotton
may be entered on classification memorandums or certificates.
[57 FR 34498, Aug. 5, 1992]
Official Cotton Standards of the United States for the Leaf Grade of
American Upland Cotton
Authority: Sections 28.461 to 28.482 issued under Sec. 10, 42 Stat.
1519; (7 U.S.C. 61). Section 28.482 also issued under Sec. 3c, 50 Stat.
62 (7 U.S.C. 473c) and 90 Stat. 1841-1846 as amended (7 U.S.C. 15b).
Interpret or apply Sec. 6, 42 Stat. 1518, as amended; (7 U.S.C. 56),
unless otherwise noted.
leaf grades
Source: 57 FR 34498, Aug. 5, 1992, unless otherwise noted.
Sec. 28.461 Leaf Grade 1.
Leaf Grade 1 is leaf which is within the range represented by a set
of samples in the custody of the United States Department of Agriculture
in a container marked ``Original Official Cotton Standards of the United
States, American Upland, Good Middling, effective July 1, 1987.''
Sec. 28.462 Leaf Grade 2.
Leaf Grade 2 is leaf which is within the range represented by a set
of samples in the custody of the United States Department of Agriculture
in a container marked ``Original Official Cotton Standards of the United
States, American Upland, Strict Middling, effective July 1, 1987.''
Sec. 28.463 Leaf Grade 3.
Leaf Grade 3 is leaf which is within the range represented by a set
of samples in the custody of the United States Department of Agriculture
in a container marked ``Original Official Cotton Standards of the United
States, American Upland, Middling, effective July 1, 1987.''
Sec. 28.464 Leaf Grade 4.
Leaf Grade 4 is leaf which is within the range represented by a set
of samples in the custody of the United States Department of Agriculture
in a container marked ``Original Official Cotton Standards of the United
States, American Upland, Strict Low Middling, effective July 1, 1987.''
Sec. 28.465 Leaf Grade 5.
Leaf Grade 5 is leaf which is within the range represented by a set
of samples in the custody of the United States Department of Agriculture
in a container marked ``Original Official Cotton Standards of the United
States, American Upland, Low Middling, effective July 1, 1987.''
Sec. 28.466 Leaf Grade 6.
Leaf Grade 6 is leaf which is within the range represented by a set
of samples in the custody of the United States Department of Agriculture
in a container marked ``Original Official Cotton Standards of the United
States,
[[Page 43]]
American Upland, Strict Good Ordinary, effective July 1, 1987.''
Sec. 28.467 Leaf Grade 7.
Leaf Grade 7 is leaf which is within the range represented by a set
of samples in the custody of the United States Department of Agriculture
in a container marked ``Original Official Cotton Standards of the United
States, American Upland, Good Ordinary, effective July 1, 1987.''
below leaf grade cotton
Sec. 28.471 Below Leaf Grade Cotton.
Below leaf grade cotton is American Upland cotton which is lower in
leaf grade than Leaf Grade 7. In cotton classification, the official
designation for such cotton is Below Leaf Grade. Other additional
explanatory terms considered necessary to describe adequately the
condition of the cotton may be entered on classification memorandums or
certificates.
[57 FR 34499, Aug. 5, 1992]
general
Sec. 28.480 General.
(a) American Upland cotton which in color is within the range of the
color standards established in this part shall be designated according
to the color standard irrespective of the leaf content. American Upland
cotton which in leaf is within the leaf standards established in this
part shall be designated according to the leaf standard irrespective of
the color.
(b) The term preparation is used to describe the degree of
smoothness or roughness with which cotton is ginned and the relative
neppiness or nappiness of the ginned lint. Normal preparation for any
color grade of American Upland cotton for which there is a physical
color standard shall be that found in the physical color standard.
Normal preparation for any color grade of American Upland cotton for
which there is a descriptive color standard shall be that found in the
physical standards for color used to define the descriptive color grade.
Explanatory terms considered necessary to adequately describe the
preparation of cotton may be entered on classification memorandums or
certificates.
[57 FR 34499, Aug. 5, 1992]
Sec. 28.481 Alternate title for standards.
Since these standards have been agreed upon and accepted by the
leading European cotton associations and exchanges, they may also be
termed and referred to as the ``Universal Standards for American
Cotton.''
[24 FR 5171, June 25, 1959]
Sec. 28.482 United States Cotton Futures Act.
The cotton standards contained in Sec. 28.301 through Sec. 28.603
of this part shall be effective for purposes of the United States Cotton
Futures Act (7 U.S.C. 15b) and the regulations thereunder (7 CFR part
27).
[45 FR 46783, July 11, 1980]
Official Cotton Standards of the United States for the ColorGrade of
American Pima Cotton
Authority: Secs. 28.501 to 28.510 issued under Sec. 10, 42 Stat.
1519 (7 U.S.C. 61). Interpret or apply Sec. 6, 42 Stat. 1518, as amended
(7 U.S.C. 56.)
Sec. 28.501 Color Grade No. 1.
Color grade No. 1 shall be American Pima cotton which in color is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Pima, Color Grade No. 1,
effective July 1, 1986.''
[65 FR 36600, June 9, 2000]
Sec. 28.502 Color Grade No. 2.
Color grade No. 2 shall be American Pima cotton which in color is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Pima, Color Grade No. 2,
effective July 1, 1986.''
[65 FR 36600, June 9, 2000]
[[Page 44]]
Sec. 28.503 Color Grade No. 3.
Color grade No. 3 shall be American Pima cotton which in color is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Pima, Color Grade No. 3,
effective July 1, 1986.''
[65 FR 36600, June 9, 2000]
Sec. 28.504 Color Grade No. 4.
Color grade No. 4 shall be American Pima cotton which in color is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Pima, Color Grade No. 4,
effective July 1, 1986.''
[65 FR 36600, June 9, 2000]
Sec. 28.505 Color Grade No. 5.
Color grade No. 5 shall be American Pima cotton which in color is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Pima, Color Grade No. 5,
effective July 1, 1986.''
[65 FR 36600, June 9, 2000]
Sec. 28.506 Color Grade No. 6.
Color grade No. 6 shall be American Pima cotton which in color is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Pima, Color Grade No. 6,
effective July 1, 1986.''
[65 FR 36600, June 9, 2000]
Sec. 28.507 Color Grade No. 7.
American Pima cotton which in color is inferior to Color Grade No. 6
shall be designated as ``Color Grade No. 7.''
[65 FR 36600, June 9, 2000]
Sec. Sec. 28.508-28.510 [Reserved]
Official Cotton Standards of the United States for the Leaf Grade of
American Pima Cotton
Sec. 28.511 Leaf Grade No. 1.
Leaf grade No. 1 shall be American Pima cotton which in leaf is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Pima, Leaf Grade No. 1,
effective July 1, 1986.''
[65 FR 36601, June 9, 2000]
Sec. 28.512 Leaf Grade No. 2.
Leaf grade No. 2 shall be American Pima cotton which in leaf is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Pima, Leaf Grade No. 2,
effective July 1, 1986.''
[65 FR 36601, June 9, 2000]
Sec. 28.513 Leaf Grade No. 3.
Leaf grade No. 3 shall be American Pima cotton which in leaf is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Pima, Leaf Grade No. 3,
effective July 1, 1986.''
[65 FR 36601, June 9, 2000]
Sec. 28.514 Leaf Grade No. 4.
Leaf grade No. 4 shall be American Pima cotton which in leaf is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Pima, Leaf Grade No. 4,
effective July 1, 2001.''
[65 FR 36601, June 9, 2000]
Sec. 28.515 Leaf Grade No. 5.
Leaf grade No. 5 shall be American Pima cotton which in leaf is
within the
[[Page 45]]
range represented by a set of samples in the custody of the U.S.
Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Pima, Leaf Grade No. 5,
effective July 1, 2001.''
[65 FR 36601, June 9, 2000]
Sec. 28.516 Leaf Grade No. 6.
Leaf grade No. 6 shall be American Pima cotton which in leaf is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original Official
Cotton Standards of the United States, American Pima, Leaf Grade No. 6,
effective July 1, 2001.''
[65 FR 36601, June 9, 2000]
Sec. 28.517 Leaf Grade No. 7.
American Pima cotton which in leaf is inferior to Leaf Grade No. 6
shall be designated as ``Leaf Grade No. 7.''
[65 FR 36601, June 9, 2000]
Application of Standards and Explanatory Terms
Sec. 28.521 Application of color and leaf grade standards.
American Pima cotton which in color is within the range of the color
standards established in this part shall be designated according to the
color standard irrespective of the leaf content. American Pima cotton
which in leaf is within the range of the leaf standards established in
this part shall be designated according to the leaf standard
irrespective of the color content.
[65 FR 36601, June 9, 2000]
Sec. 28.522 Explanatory terms.
(a) The term preparation is used to describe the degree of
smoothness or roughness of the ginned lint. Normal preparation for any
color grade of American Pima cotton for which there is a physical color
standard shall be that found in the physical color standard. If the
preparation is other than normal, it shall be entered on the
classification record.
(b) Explanatory terms considered necessary to adequately describe
the presence of preparation, spindle twist, and extraneous matter such
as bark, grass, seed coat fragments, oil, etc. in the sample, shall be
part of the classification record.
[65 FR 36601, June 9, 2000]
Symbols and Code Numbers Used in Recording Cotton Classification
Authority: Sec. 28.525 issued under Sec. 10, 42 Stat. 1519 (7 U.S.C.
61). Interpret or apply Sec. 6, 42 Stat. 1518, as amended (7 U.S.C. 56).
Sec. 28.525 Symbols and code numbers.
For administrative convenience, the symbols and code numbers
prescribed in this section may be used in lieu of cotton grade names and
staple length designations in inches.
(a) Symbols and Code numbers used for Color Grades of American
Upland Cotton.
------------------------------------------------------------------------
Code
Color grade Symbol No.
------------------------------------------------------------------------
Good Middling....................... GM 11
Strict Middling..................... SM 21
Middling............................ Mid 31
Strict Low Middling................. SLM 41
Low Middling........................ LM 51
Strict Good Ordinary................ SGO 61
Good Ordinary....................... GO 71
Good Middling Light Spotted......... GM Lt SP 12
Strict Middling Light Spotted....... SM Lt Sp 22
Middling Light Spotted.............. Mid Lt Sp 32
Strict Low Middling Light Spotted... SLM Lt Sp 42
Low Middling Light Spotted.......... LM Lt Sp 52
Stict Good Ordinary Light Spotted... SGO Lt Sp 62
Good Middling Spotted............... GM Sp 13
Strict Middling Spotted............. SM Sp 23
Middling Spotted.................... Mid Sp 33
Strict Low Middling Spotted......... SLM Sp 43
Low Middling Spotted................ LM Sp 53
Strict Good Ordinary Spotted........ SGO Sp 63
Strict Middling Tinged.............. SM Tg 24
Middling Tinged..................... Mid Tg 34
Strict Low Middling Tinged.......... SLM Tg 44
Low Middling Tinged................. LM Tg 54
Strict Middling Yellow Stained...... SM YS 25
Middling Yellow Stained............. Mid YS 35
Below Grade--(Below Good Ordinary).. BG 81
Below Grade--(Below Strict Good BG 82
Ordinary Light Spotted).
Below Grade--(Below Strict Good BG 83
Ordinary Spotted).
Below Grade--(Below Low Middling BG 84
Tinged).
Below Grade--(Below Middling Yellow BG 85
Stained).
------------------------------------------------------------------------
(b) Symbols and Code Numbers used for Leaf Grades of American Upland
Cotton.
[[Page 46]]
------------------------------------------------------------------------
Code
Leaf grade Symbol No.
------------------------------------------------------------------------
Leaf Grade 1............................................ LG1 1
Leaf Grade 2............................................ LG2 2
Leaf Grade 3............................................ LG3 3
Leaf Grade 4............................................ LG4 4
Leaf Grade 5............................................ LG5 5
Leaf Grade 6............................................ LG6 6
Leaf Grade 7............................................ LG7 7
Below Leaf Grade........................................ BLG 8
------------------------------------------------------------------------
(c) Symbols and Code Numbers for Color Grades of American Pima
Cotton.
------------------------------------------------------------------------
Full grade name Symbol Code No.
------------------------------------------------------------------------
Color Grade No. 1....................... AP C1 01
Color Grade No. 2....................... AP C2 02
Color Grade No. 3....................... AP C3 03
Color Grade No. 4....................... AP C4 04
Color Grade No. 5....................... AP C5 05
Color Grade No. 6....................... AP C6 06
Color Grade No. 7....................... AP C7 07
------------------------------------------------------------------------
(d) Symbols and Code Numbers for Leaf Grades of American Pima
Cotton.
------------------------------------------------------------------------
Full grade name Symbol Code No.
------------------------------------------------------------------------
Leaf Grade No. 1........................ AP L1 1
Leaf Grade No. 2........................ AP L2 2
Leaf Grade No. 3........................ AP L3 3
Leaf Grade No. 4........................ AP L4 4
Leaf Grade No. 5........................ AP L5 5
Leaf Grade No. 6........................ AP L6 6
Leaf Grade No. 7........................ AP L7 7
------------------------------------------------------------------------
(e) Code numbers for Length of Staple Designations.
------------------------------------------------------------------------
Code
Length of staple--inches No.
------------------------------------------------------------------------
Below \13/16\.................................................. 24
\13/16\........................................................ 26
\7/8\.......................................................... 28
\29/32\........................................................ 29
\15/16\........................................................ 30
\31/32\........................................................ 31
1.............................................................. 32
1\1/32\........................................................ 33
1\1/16\........................................................ 34
1\3/32\........................................................ 35
1\1/8\......................................................... 36
1\5/32\........................................................ 37
1\3/16\........................................................ 38
1\7/32\........................................................ 39
1\1/4\......................................................... 40
1\9/32\........................................................ 41
1\5/16\........................................................ 42
1\11/32\....................................................... 43
1\3/8\......................................................... 44
1\13/32\....................................................... 45
1\7/16\........................................................ 46
1\15/32\....................................................... 47
1\1/2\......................................................... 48
1\17/32\....................................................... 49
1\9/16\........................................................ 50
1\19/32\....................................................... 51
1\5/8\......................................................... 52
1\21/32\....................................................... 53
1\11/16\....................................................... 54
1\23/32\....................................................... 55
1\3/4\......................................................... 56
------------------------------------------------------------------------
[32 FR 8760, June 20, 1967, as amended at 50 FR 25198, June 18, 1985; 51
FR 23039, June 25, 1986; 57 FR 34499, Aug. 5, 1992; 65 FR 36601, June 9,
2000]
Official Cotton Standards of the United States for Fiber Fineness and
Maturity
Authority: Sections 28.601 to 28.603 issued under secs. 6, 10, 42
Stat. 1518, 1519, sec. 4854, 68A Stat. 580; 7 U.S.C. 56, 61, 26 U.S.C.
4854.
Source: Sections 28.601 through 28.603 appear at 30 FR 7239, May 29,
1965, unless otherwise noted.
Sec. 28.601 Official cotton standards for fiber fineness and maturity.
The official cotton standards of the United States for fiber
fineness and maturity shall be the measure of such qualities, in
combination, provided by air flow instrument tests in terms of
micronaire readings in accordance with the procedure specified in Sec.
28.603.
Sec. 28.602 Terms of designations.
The fiber fineness and maturity of any cotton shall be designated by
the micronaire reading obtained from an air flow instrument test for a
specimen of the cotton as determined under Sec. 28.603, e.g., 4.1, 4.2,
4.3, etc. To simplify recording, the decimal point may be omitted, and
the micronaire reading recorded as 41, 42, 43, etc.
Sec. 28.603 Procedures for air flow tests of micronaire reading.
In determining in terms of micronaire readings, the fiber fineness
and maturity, in combination, of cotton, the following procedures shall
apply:
(a) Facilities and equipment shall include:
(1) Air flow instrument complete with accessories to measure the
fineness and maturity, in combination, of cotton in terms of micronaire
reading on the curvilinear scale adopted in September 1950 by the
Department of Agriculture, or its equivalent.
[[Page 47]]
(2) A suitable supply of compressed air filtered to remove moisture
and other impurities.
(3) Balance or scales suitable for accurately weighing the specimens
required for the particular instrument.
(4) International Calibration Cotton Standards with established
micronaire reading values for calibration of the air flow instrument.
(b) The instrument shall be calibrated each day before routine
testing begins, as follows:
(1) The air shall be allowed to flow through the instrument until
the indicator stabilizes.
(2) Specimens from at least two of the calibration cottons shall be
tested to insure proper calibration of the instrument. The instrument
shall be considered in calibration if the values obtained on the test
specimens agree with the established values of the calibration cottons
within 0.1 micronaire reading.
(c) Testing of the cotton specimen shall be performed as follows:
(1) Approximately the same amount of cotton shall be taken from each
side of the sample for a test specimen. The weight of the test specimen
shall be that weight prescribed for the air flow instrument being used.
(2) The weighed specimen shall be tested in a properly calibrated
instrument.
(3) The specimen shall be inserted into the specimen holder of the
instrument so that the mass of fibers is well distributed within the
specimen holder.
(4) The air shall then be allowed to flow through the specimen in
accordance with the method of operation of the instrument.
(5) The position of the instrument indicator shall be determined to
the nearest 0.1 micronaire reading when it becomes stable.
(d) The accuracy of the instrument shall be checked at least every 2
hours during operation by testing appropriate calibration cottons. If
the value obtained on a specimen from the calibration cotton is outside
the established limits of 0.1 micronaire reading, or when successive
readings show the results to be within the established limits, but
consistently high or low, the instrument and technique shall be
thoroughly checked to remedy the discrepancies. Additional tests using
calibration cottons shall be made until acceptable results are obtained
before routine testing is resumed.
Subpart D_Cotton Classification and Market News Service for Producers
Authority: 7 U.S.C. 51-65; 7 U.S.C. 471-476.
Source: 74 FR 26772, June 4, 2009, unless otherwise noted.
Definitions
Sec. 28.901 Definitions.
When used in the regulations in this subpart:
(a) Act means the United States Cotton Standards Act of 1923, as
amended (7 U.S.C. 51-65) and the Cotton Statistics and Estimates Act of
1927 (7 U.S.C. 471-476), unless otherwise noted.
(b) Service means the Agricultural Marketing Service of the United
States Department of Agriculture.
(c) Administrator means the Administrator of the Agricultural
Marketing Service, or any officer or employee of the Service to whom
authority has heretofore been delegated, or to whom authority may
hereafter be delegated to act for the Administrator.
(d) Division means the Cotton Division of the Agricultural Marketing
Service.
(e) Director means the Director of the Cotton Division, or any
officer or employee of the Division to whom authority has heretofore
been delegated or to whom authority may hereafter be delegated, to act
for the Director.
(f) Producer means any individual, partnership, corporation,
association, trust, estate, or other legal entity, a State or political
subdivision thereof, or any agency of such State or political
subdivision producing American Upland or American Pima cotton in the
capacity of landowner, landlord, tenant, or sharecropper.
[[Page 48]]
Administration
Sec. 28.902 Director.
The Director shall perform for and under the supervision of the
Administrator, such duties as the Administrator may require in enforcing
the regulations in this subpart.
Classification and Market News Services
Sec. 28.903 Classification of samples.
The Director, or an authorized representative, upon the receipt of a
producer's cotton sample which complies with the regulations in this
subpart shall, as hereinafter provided, furnish to such producer or to
an agent designated by the producer the classification in accordance
with the official cotton standards of the United States.
Sec. 28.904 Market news.
The Director shall cause to be distributed to producers of cotton
and to others on request, timely information on prices for various
qualities of cotton.
Sampling
Sec. 28.906 Sampling arrangements.
(a) Cotton must be sampled by a gin or warehouse that holds a valid
license to sample cotton issued pursuant to Sec. Sec. 28.20 through
28.22.
(b) The Director, or an authorized representative may direct that
sampling be performed by employees of the Department of Agriculture for
the purpose of appraising the sampling procedures at cotton gins or
warehouses, or for the purpose of providing service to producers in
special cases where a licensed gin or warehouse is not available.
Sec. 28.907 Responsibilities of licensed gins or warehouses.
Each licensee shall be primarily responsible for drawing,
identifying, handling, and shipping samples of cotton in accordance with
this subpart and with instructions furnished by the Director or an
authorized representative from time to time.
Sec. 28.908 Samples.
(a) Only one sample to be submitted. Only one sample from each bale
of eligible cotton shall be submitted for classification under this
subpart. This does not prohibit the submission of an additional sample
from a bale for review classification if the producer so desires.
(b) Drawing of samples manual. (1) Each cut sample shall be drawn
from the bale after it is tied out following the ginning process, and
shall be approximately 6 ounces in weight, not less than 3 ounces of
which are to be drawn from each side of the bale: Provided, That each
sample from a bale of American Pima cotton shall be approximately 10
ounces in weight, not less than 5 ounces of which are to be drawn from
each side of the bale.
(2) Where it is necessary to draw two sets of samples, a single cut
should be made in each side of the bale, and the portion of cotton
removed from each cut should be broken in half across the layers to
provide two complete samples. In those cases where this method would
result in samples of insufficient length, it will be acceptable to split
the sample lengthwise along the layers, provided the outside portion
from each side is submitted for the official classification.
(c) Mechanical sampling. Samples may be drawn in gins equipped with
mechanical samplers approved by the Division and operated according to
sampling instructions furnished by the Director or an authorized
representative. Such samples shall not be less than 6 ounces in weight.
(d) Samples must be representative. Each sample must be
representative of the bale from which drawn.
(e) Handling samples. Samples shall not be dressed or trimmed and
shall be carefully handled in such manner as not to cause loss of leaf,
sand, or other material, or otherwise change their representative
character. Samples shall be handled only by employees of the licensee
prior to shipment or delivery to the cotton classing office of the
Division.
(f) Identifying and shipping samples. Each sample shall be
identified with a tag, supplied or approved by the Division, bearing the
gin or warehouse
[[Page 49]]
number of the bale from which the sample was drawn and the name and
address of the producer of the bale. The tag shall be placed between the
two halves of the sample, the sample tightly rolled and enclosed in a
package or bag for shipment. Each package or bag shall be labeled or
marked with the name and address of the licensed gin or warehouse. The
packages shall be shipped or delivered direct to the cotton classing
office serving the territory in which the cotton is ginned. Samples that
were drawn by a mechanical sampler at the gin may be transported with
the bales to the warehouse and then shipped or delivered direct to the
classing office by the warehouse.
(g) Request for classification. Samples received from a licensed gin
or warehouse with the identification tag required in Sec. 28.908(f)
shall constitute a request for classification service by the producer.
Sec. 28.909 Costs.
(a) Costs incident to sampling, tagging, and identification of
samples and transporting samples to points of shipment shall be assumed
by the producer, but tags and containers for the shipment of samples and
shipping charges via U.S. Postal Service or duly authorized common
carrier will be furnished by the service. After classification the
samples shall become the property of the Government. The proceeds of the
sale of cotton samples shall be used to defray the costs of providing
the services under this subpart.
(b) The cost of High Volume Instrument (HVI) cotton classification
service to producers will be based on formulas set forth in Sec.
28.116. The proceeds of the sale of cotton samples shall be used to
defray the costs of providing the service under this subpart.
(c) The Division will periodically bill producers or the voluntary
agents designated by producers for the cost of classification. A
discount of 5 cents per sample will be granted for services provide
under this section when billing is made to voluntary agents.
[74 FR 26772, June 4, 2009, as amended at 79 FR 67319, Nov. 13, 2014]
Classification
Sec. 28.910 Classification of samples and issuances of classification data.
(a)(1) The samples submitted as provided in the subpart shall be
classified by employees of the Division, and classification memoranda
showing the official quality determination of each sample according to
the official cotton standards of the United States shall be issued by
any one of the following methods at no additional charge:
(i) Electronic means; or
(ii) Telecommunications, with all long distance telephone line
charges paid by the receiver of data.
(2) When an additional copy of the classification memorandum is
issued by any method listed in paragraph (a)(1) of this section, there
will be a charge determined as described in Sec. 28.116. If provided as
an additional method of data transfer, the minimum fee for each method
issued shall also be determined as described in Sec. 28.116.
(b) Owners of cotton, other than producers, may receive
classification data showing the official quality determination of each
sample by means of telecommunications from a central database to be
maintained by the Division. The fee for this service shall be determined
as described in Sec. 28.116, with all communication charges paid by the
receiver of data.
(c) Upon request of an owner of cotton for which classification
memoranda have been issued under the subpart, a new memorandum shall be
issued for the business convenience of such owner without the
reclassification of the cotton. Such rewritten memorandum shall bear the
date of its issuance and the date or inclusive dates of the original
classification. The per-hour fee for a new memorandum shall be
determined according to Sec. 28.116, with a minimum per-sheet fee
determined under the same provisions.
[79 FR 67319, Nov. 13, 2014]
Sec. 28.911 Review classification.
(a) A producer may request one review classification for each bale
of eligible cotton. The fee for review classification shall be
determined based on the formulas in Sec. 28.116.
[[Page 50]]
(b) Samples for review classification must be drawn by gins or
warehouses licensed pursuant to Sec. Sec. 28.20 through 28.22, or by
employees of the United States Department of Agriculture. Each sample
for review classification shall be taken, handled, and submitted
according to Sec. 28.908 and to supplemental instructions issued by the
Director or an authorized representative of the Director. Costs incident
to sampling, tagging, identification, containers, and shipment for
samples for review classification shall be assumed by the producer.
After classification, the samples shall become the property of the
Government unless the producer requests the return of the samples. The
proceeds from the sale of samples that become Government property shall
be used to defray the costs of providing the services under this
subpart. Producers who request return of their samples after classing
will pay a fee determined based on the formulas in Sec. 28.116.
[74 FR 26772, June 4, 2009, as amended at 79 FR 67319, Nov. 13, 2014]
Limitations of Services
Sec. 28.917 Limitations of Services.
The Director, or an authorized representative, may suspend,
terminate, or withhold cotton classing and market news services to any
producer upon any failure of the producer to comply with the act or
these regulations. Failure to remit fees for classification services
shall result in loss of service.
Subpart E_Cotton Fiber and Processing Tests
Authority: Sec. 3c, 50 Stat. 62; 7 U.S.C. 473c; sec. 3d, 55 Stat.
131 (7 U.S.C. 473d).
Source: 35 FR 8532, June 3, 1970, unless otherwise noted.
Definitions
Sec. 28.950 Terms defined.
As used throughout this subpart, unless the context otherwise
requires, the following terms shall be construed, respectively, to mean:
(a) Regulations. Regulations mean the provisions in this subpart.
(b) Service. The Agricultural Marketing Service of the U.S.
Department of Agriculture.
(c) Administrator. The Administrator of the Agricultural Marketing
Service, or any officer or employee of the Service, to whom authority
has been delegated to act for the Administrator.
(d) Division. The Cotton Division of the Agricultural Marketing
Service.
(e) Director. The Director of the Cotton Division, or any officer or
employee of the Division to whom authority has been delegated to act for
the Director.
(f) Laboratories. Laboratories of the Cotton Division that perform
the fiber and processing tests described in this subpart.
[35 FR 8532, June 3, 1970, as amended at 46 FR 30073, June 5, 1981; 46
FR 51593, Oct. 21, 1981]
Administration
Sec. 28.951 Director.
The Director shall perform, for and under the supervision of the
Administrator, such duties as the Administrator may require in enforcing
the regulations in this subpart.
Fiber and Processing Tests
Sec. 28.952 Testing of samples.
The Director or an authorized representative, upon written requests,
shall make fiber and processing tests of the properties of cotton
samples and report the results thereof to the persons from whom such
requests are received, subject to compliance by such persons with the
regulations in this subpart and to the payment by them of fees as
prescribed herein.
[46 FR 30073, June 5, 1981; 46 FR 51593, Oct. 21, 1981]
Sec. 28.953 Requirements as to samples.
Each sample of ginned cotton lint submitted for fiber and processing
tests shall weigh approximately as shown below unless otherwise
specified in the particular test item as prescribed herein:
1 ounce or more for fiber tests.
6 pounds or more for carded yarn spinning tests.
8 pounds or more for combed yarn spinning tests.
[[Page 51]]
10 pounds or more for carded and combed yarn spinning tests.
Each individual sample submitted for testing shall contain a tag or
coupon bearing a number or other identification symbol. Individually
labeled samples may be sent in one or more parcels, each of which shall
bear on the outside thereof the name and address of the person
submitting it. Persons who submit samples to laboratories for testing
shall comply with any Federal or State quarantine requirements
applicable to counties from which such samples are shipped.
Sec. 28.954 Costs of submitting samples.
The transportation of samples to a laboratory for testing shall be
without expense to the Government.
Sec. 28.955 Disposition of samples.
The remnants of samples accumulated in the making of tests under the
regulations in this subpart shall become the property of the Government
unless the applicant requests that such remnants be returned. Returns
will be at the applicant's expense.
[46 FR 30073, June 5, 1981; 46 FR 51593, Oct. 21, 1981]
Sec. 28.956 Prescribed fees.
Fees for fiber and processing tests shall be assessed as listed
below:
------------------------------------------------------------------------
Fee per
Item number and kind of test test
------------------------------------------------------------------------
1.0 Calibration cotton for use with High Volume
Instruments, per 5 pound package:
a. f.o.b. Memphis, Tennessee............................. $95.00
b. By surface delivery within continental United States.. 100.00
c. By air freight collect outside continental United 95.00
States..................................................
d. By air parcel post delivery outside continental United 135.00
States..................................................
1.1 High Volume Instrument (HVI) System Check Level.
Furnishing two samples per month for HVI determinations,
summarizing returned data, and reporting deviations for
average of all laboratories for measurements taken, per 12
months:
a. By surface delivery within continental United States.. 168.00
b. By air parcel post delivery outside continental United 324.00
States..................................................
2.0 Furnishing international calibration cotton standards
with standard values for micronaire reading and fiber
strength at zero and \1/8\-inch gage and Fibrograph
length:
a. f.o.b. Memphis, Tennessee \1/2\-lb. sample............ 20.00
b. By surface delivery within continental United States, 22.00
\1/2\-lb. sample........................................
c. By air freight collect outside continental United 20.00
States, \1/2\-lb. sample................................
d. By air parcel post delivery, outside continental 30.00
United States, \1/2\-lb. sample.........................
2.1 Furnishing international calibration cotton standards
with standard values for micronaire reading only:
a. f.o.b. Memphis Tennessee, 1-lb. sample................ 28.00
b. Surface delivery within continental United States, 1- 31.00
lb. sample..............................................
c. By air freight collect outside continental United 28.00
States, 1-lb. sample....................................
d. By air parcel post delivery outside continental United 42.00
States, 1-lb. sample....................................
3.0 Furnishing standard color tiles for calibrating cotton
colormeters, per set of five tiles including box:
a. f.o.b. Memphis, Tennessee............................. 125.00
b. Surface delivery within continental United States..... 130.00
c. By air freight collect outside continental United 125.00
States..................................................
d. By air parcel post delivery outside continental United 165.00
States..................................................
3.1 Furnishing single color calibration tiles for use with
specific instruments or as replacements in above sets,
each tile:
a. f.o.b. Memphis, Tennessee............................. 22.00
b. Surface delivery within continental United States..... 25.00
c. By air freight collect outside continental United 22.00
States..................................................
d. By air parcel post delivery outside continental United 35.00
States..................................................
3.2 Furnishing single trashmeter calibration standard,
each:
a. f.o.b. Memphis, Tennessee............................. 30.00
b. Surface delivery within continental United States..... 33.00
c. By air freight collect outside continental United 30.00
States..................................................
d. By air parcel post delivery outside continental United 44.00
States..................................................
3.3 Furnishing one set of standard color tiles for
calibrating cotton colormeters and one trashmeter
calibration standard, per set of five tiles and the
standard including box:
a. f.o.b. Memphis, Tennessee............................. 150.00
b. Surface delivery within continental United States..... 155.00
c. By air freight collect outside continental United 150.00
States..................................................
d. By air parcel post delivery outside continental United 190.00
States..................................................
3.4 Furnishing a single cotton sample of a designated leaf
level mounted under glass, each:
a. f.o.b. Memphis, Tennessee............................. 40.00
b. Surface delivery within continental United States..... 44.00
c. By air freight collect outside continental United 40.00
States..................................................
[[Page 52]]
d. By air parcel post delivery outside continental United 54.00
States..................................................
3.5 Furnishing six cotton samples of six designated leaf
levels each mounted under glass, per set of six samples:
a. f.o.b. Memphis, Tennessee............................. 240.00
b. Surface delivery within continental United States..... 264.00
c. By air freight collect outside continental United 240.00
States..................................................
d. By air parcel post delivery outside continental United 300.00
States..................................................
4.0 Furnishing a colormeter calibration sample box
containing six cotton samples with color values Rd and +b
for each sample, per box:
a. f.o.b. Memphis, Tennessee............................. 42.00
b. Surface delivery within continental United States..... 47.00
c. By air freight collect outside continental United 42.00
States..................................................
d. By air parcel post delivery outside continental United 82.00
States..................................................
4.1 Furnishing a trashmeter calibration sample box
containing six cotton samples with trashmeter percent area
reading for each sample, per box:
a. f.o.b. Memphis, Tennessee............................. 42.00
b. Surface delivery within continental United States..... 47.00
c. By air freight collect outside continental United 42.00
States..................................................
d. By air parcel post delivery outside continental United 82.00
States..................................................
5.0 High Volume Instrument (HVI) measurement. Reporting 1.75
Micronaire, length, length uniformity, \1/8\-inch gage
strength, color and trash content. Based on a 6 oz. (170
g.) sample, per sample....................................
6.0 Color of ginned cotton lint. Reporting data on the 1.25
reflectance and yellowness in terms of Rd and +b values as
based on the Nickerson-Hunter Cotton Colorimeter on
samples which measure 5 x 6\1/2\ inches and weigh
approximately 50 grams, per sample........................
7.0 Fiber length of ginned cotton lint by Fibrograph 9.50
method. Reporting the average length and average length
uniformity as based on 4 specimens from a blended sample,
per sample................................................
7.1 Fiber length of ginned cotton lint by Fibrograph 6.00
method. Reporting the average length and average length
uniformity as based on 2 specimens from each unblended
sample....................................................
8.0 Pressley strength of ginned cotton lint by flat bundle 9.75
method for either zero or \1/8\-inch gage as specified by
applicant. Reporting the average strength as based on 6
specimens from a blended sample, per sample...............
8.1 Pressley strength of ginned cotton lint by flat bundle 6.00
method for either zero or \1/8\-inch gage as specified by
applicant. Reporting the strength as based on 2 specimens
for each unblended sample, per sample.....................
9.0 Stelometer strength and elongation of ginned cotton
lint by the flat bundle method for \1/8\-inch gage.
Reporting the average strength and elongation:
a. Based on 6 specimens from each blended sample, per 9.75
sample..................................................
b. Based on 4 specimens from each blended sample, per 7.50
sample..................................................
c. Based on 2 specimens from each blended sample, per 6.00
sample..................................................
10.0 Micronaire readings on ginned lint. Reporting the 0.70
micronaire based on 2 specimens per sample................
10.1 Micronaire reading based on 1 specimen per sample..... 0.40
11.0 Fiber maturity and fineness of ginned cotton lint by 16.00
the Causticaire method. Reporting the average maturity,
fineness, and micronaire reading as based on 2 specimens
from a blended sample, per sample.........................
Minimum fee.............................................. 80.00
12.0 Fiber fineness and maturity of ginned cotton lint by 7.50
the IIC-Shirley Fineness/Maturity Tester method, reporting
the average micronaire, maturity ratio, percent mature
fibers and fineness (linear density) based on 2 specimens
from a blended sample, per sample.........................
13.0 Fiber length array of cotton samples. Reporting the
average percentage of fibers by weight in each \1/8\-inch
group, average length and average length variability as
based on 3 specimens from a blended sample:
a. Ginned cotton lint, per sample........................ 78.00
b. Cotton comber noils, per sample....................... 119.00
c. Other cotton wastes, per sample....................... 143.00
13.1 Fiber length array of cotton samples. Reporting the
average percentage of fibers by weight in each \1/8\-inch
group, average length, and average length variability as
based on 2 specimens from a blended sample:
a. Ginned cotton lint, per sample........................ 57.00
b. Cotton comber noils, per sample....................... 82.00
c. Other cotton wastes, per sample....................... 112.00
13.2 Fiber length array of cotton samples, including 137.000
purified or absorbent cotton. Reporting the average
percentage of fibers by weight in each \1/8\-inch group,
average length and average length variability as based on
3 specimens from a blended sample, per sample.............
14.0 Fiber length and length distribution of cotton samples
by the Almeter method. Reporting the upper 25 percent
length, mean length, coefficient of variation, and short
fiber percentages by weight, number or tuft in each 1/8-
inch group, as based on 2 specimens from a blended sample:
a. Report percentages of fiber by weight only............ 28.00
b. Report percentages of fiber by weight and number or 33.00
tuft....................................................
c. Report percentages of fiber by weight, number and tuft 38.00
15.0 Foreign matter content of cotton samples. Reporting
data on the non-lint content as based on the Shirley
Analyzer separation of lint and foreign matter:
a. For samples of ginned lint or comber noils, per 100- 8.50
gram specimen...........................................
b. For samples of ginning and processing wastes other 15.00
than comber noils, per 100-gram specimen................
16.0 Neps content of ginned cotton lint. Reporting the neps 17.00
per 100 square inches as based on the web prepared from a
3-gram specimen by using accessory equipment with the
mechanical fiber blender, per sample......................
17.0 Sugar content of cotton. Reporting the percent sugar 5.50
content as based on a quantitative analysis of reducing
substances (sugars) on cotton fibers, per sample..........
Minimum fee.............................................. 27.50
[[Page 53]]
18.0 Miniature carded cotton spinning test. Reporting data 27.00
on tenacity (centinewtons per tex) of 22's yarn and HVI
data (see item 5.0). Based on the processing of 50 grams
of cotton in accordance with special procedures, per
sample....................................................
19.0 Two-pound cotton carded yarn spinning test available 88.00
to cotton breeders only. Reporting data on yarn skein
strength, yarn appearance, yarn neps, and the
classification and the fiber length of the cotton as well
as comments on any unusual processing performance as based
on the processing of 2 pounds of cotton in accordance with
standard procedures into two standard carded yarn numbers
employing a standard twist multiplier, per sample.........
20.0 Cotton carded yarn spinning test. Reporting data on 120.00
waste extracted, yarn skein strength, yarn appearance,
yarn neps and classification, and fiber length as well as
comments summarizing any unusual observations as based on
the processing of 6 pounds of cotton in accordance with
standard laboratory procedures at one of the standard
rates of carding of 6\1/2\, 9\1/2\, or 12\1/2\ pounds-per-
hour into two of the standard carded yarn numbers of 8s,
14s, 36s, or 50s, employing a standard twist multiplier
unless otherwise specified, per sample....................
21.0 Spinning potentials test. Determining the finest yarn 110.00
which can be spun with no ends down and reporting spinning
potential yarn number. This test requires an additional 4
pounds of cotton, per sample..............................
22.0 Cotton combed yarn spinning test. Reporting data on 160.00
waste extracted, yarn skein strength, yarn appearance,
yarn neps, and classification and fiber length as well as
comments summarizing any unusual observations as based on
the processing of 8 pounds of cotton in accordance with
standard procedures at one of the standard rates of
carding of 4\1/2\, 6\1/2\, or 9\1/2\ pounds per hour into
two of the standard combed yarn numbers of 22s, 36s, 44s,
50s, 60s, 80s, or 100s employing a standard twist
multiplier unless otherwise specified, per sample.........
23.0 Cotton carded and combed yarn spinning test. Reporting 232.00
the results as based on the processing of 10 pounds of
cotton into two of the standard carded and two of the
standard combed yarn numbers employing the same carding
rate and the same yarn numbers for both the carded and the
combed yarns, per sample..................................
24.0 Cotton carded and combed yarn spinning test. Reporting 252.00
the results as based on the processing of 9 pounds of
cotton into two of the standard and two of the standard
combed yarn numbers employing different carding rates and/
or yarn numbers for the carded and combed yarns, per
sample....................................................
25.0 Processing and testing of additional yarn. Any carded 35.00
or combed yarn number processed in connection with
spinning tests including either additional yarn numbers or
additional twist multipliers employed on the same yarn
numbers, per additional lot of yarn.......................
25.1 Processing and finishing of additional yarn. Any yarn 48.00
number processed in connection with spinning tests.
Approximately 300 yards on each of 16 paper tubes for
testing by the applicant, per additional lot of yarn......
26.0 Twist in yarns by direct-counting method. Reporting
direction of twist and average turns per inch of yarn:....
(a) Single yarns based on 40 specimens per lot of yarn... 88.00
(b) Plied or cabled yarns based on 10 specimens, per lot 26.00
of yarn.................................................
27.0 Skein strength of yarn. Reporting data on the strength 14.00
and the yarn numbers based on 25 skeins from yarn
furnished by the applicant, per sample....................
27.1 Single Strand Yarn Strength Test. Measuring 100 6.50
strands on a Statimat Tester and reporting yarn strength,
elongation and coefficient of variation, per test.........
28.0 Appearance grade of yarn furnished on bobbins by 6.00
applicant. Reporting the appearance grade in accordance
with ASTM standards as based on yarn wound from one
bobbin, per bobbin........................................
28.1 Furnishing yarn wound on boards in connection with 9.50
yarn appearance tests.....................................
28.2 Yarn Imperfections Test. Measuring yarn on the Uster 6.50
Evenness Tester and reporting the yarn imperfections,
thick places, thin places, and neps, and the present
coefficient of variation, per sample......................
29.0 Strength of cotton fabric. Reporting the average warp 20.00
and filling strength by the grab method as based on 5
breaks for both warp and filling of fabric furnished by
the applicant, per sample.................................
29.1 Cotton fabric analysis. Reporting data on the number 35.00
of warp and filling threads per inch and weight per yard
of fabric based on at least three (3) 6 x 6 inch specimens
of fabric which were processed or furnished by the
applicant, per sample.....................................
30.0 Chemical finishing tests on finished drawing silver. 16.00
The Ahiba Texomat Dyer is used for scouring, bleaching and
dyeing of a 3-gram sample. Color measurements are made on
the unfinished, bleached and dyed cotton samples, using a
Hunterlab Colorimeter, Model 25 M-3. The color values are
reported in terms of reflectance (Rd), yellowness (+b) and
blueness (-b).............................................
Minimum fee.............................................. 48.00
32.0 Furnishing identified cotton samples. Includes samples 4.25
of ginned lint stock at any stage of processing or
testing, waste of any type, yarn or fabric selected and
identified in connection with fiber and/or spinning tests,
per identified sample.....................................
33.0 Furnishing additional copies of test reports. 1.50
Including extra copies in addition to the two copies
routinely furnished in connection with each test item, per
additional sheet..........................................
Minimum fee.............................................. 6.00
33.1 Furnishing a certified relisting of test results. 18.00
Includes samples of sub-samples selected from any previous
tests, per sheet..........................................
33.2 Sending copies of test reports for facsimile (FAX),
per sheet:
a. Within continental United States...................... 2.00
b. Outside continental United States..................... 5.00
34.0 Classification of ginned cotton lint is available in
connection with other fiber tests, under the provisions of
7 CFR part 28, Sec. 28.56, Classification includes grade
only based on a 6 oz. (170 g.) sample.
------------------------------------------------------------------------
[57 FR 27893, June 23, 1992]
[[Page 54]]
Sec. 28.957 Special tests and fees.
Tests may be performed for cooperating agencies and organizations to
the extent that available facilities will permit, subject to the payment
of fees as determined by the Director. Special tests and services not
listed in Sec. 28.956 may be performed to the extent that available
facilities will permit, subject to the payment of fees determined by the
Director.
Sec. 28.958 Payment of fees.
As soon as practicable after the last day of each calendar month,
bills shall be rendered by officers in charge of testing laboratories to
all persons from whom payment of fees and costs under the regulations in
this subpart shall become due, provided that when desirable any bill may
be rendered at an earlier date. Payment shall be by check or by draft or
post office or express money order, payable to the order of
``Agricultural Marketing Service, USDA.''
[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]
Sec. 28.959 Limitation of testing services.
If at any time funds available for services under the regulations in
this subpart may be insufficient to provide for the testing of all
samples that may be submitted for the purpose, the Director may place
reasonable limitations upon the quantities of samples to be submitted by
individuals during any one fiscal year or any one calendar month, and
may direct that samples received from cotton breeders shall take
precedence over those received from other persons.
[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]
Sec. 28.960 Confidential information.
No information concerning individual tests under the regulations in
this subpart shall be published or communicated in such a way as to
disclose to others the identity of the owners of cotton represented by
samples submitted for testing, except with the written permission of
such owners.
[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]