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7:7:2.1.1.1.2.1.66.1 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.1 Meaning of words. AMS       Words used in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand.
7:7:2.1.1.1.2.1.66.2 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.2 Terms defined. AMS     [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] 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 …
7:7:2.1.1.1.2.1.67.3 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.3 Director. AMS       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.
7:7:2.1.1.1.2.1.67.4 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.4 Classing offices. AMS     [52 FR 30881, Aug. 18, 1987] 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.
7:7:2.1.1.1.2.1.67.5 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   §§ 28.5-28.6 [Reserved] AMS        
7:7:2.1.1.1.2.1.67.6 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.7 Area Director, Classing Office; responsibility. AMS     [52 FR 30881, Aug. 18, 1987] 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.
7:7:2.1.1.1.2.1.67.7 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.8 Classification of cotton; determination. AMS     [77 FR 20505, Apr. 5, 2012] 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.
7:7:2.1.1.1.2.1.67.8 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.9 Inspection; sampling; classification. AMS     [58 FR 41993, Aug. 6, 1993] The inspection, sampling, and classification of cotton in the United States 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 §§ 28.901 through 28.919.
7:7:2.1.1.1.2.1.68.10 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.16 Request for return of samples. AMS     [52 FR 30881, Aug. 18, 1987] 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.
7:7:2.1.1.1.2.1.68.11 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.17 Filing of requests for classification or comparison. AMS     [52 FR 30881, Aug. 18, 1987] 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.
7:7:2.1.1.1.2.1.68.12 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.18 One request only for classification. AMS     [52 FR 30881, Aug. 18, 1987] 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.
7:7:2.1.1.1.2.1.68.13 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.19 Withdrawal or rejection of classification request. AMS     [52 FR 30881, Aug. 18, 1987] 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 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.
7:7:2.1.1.1.2.1.68.9 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.15 Classification and comparison; requests. AMS     [22 FR 10932, Dec. 28, 1957, as amended at 31 FR 7734, June 1, 1966; 52 FR 30881, Aug. 18, 1987] 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 § 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 § 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 § 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 § 28.116 of this part 28.
7:7:2.1.1.1.2.1.69.14 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.20 When license is required. AMS       Samples for Form A determination shall be accepted under this subpart from licensed warehousemen only. Samples for classification pursuant to §§ 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.
7:7:2.1.1.1.2.1.69.15 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.21 Eligibility and application. AMS       Any cotton warehouse or gin which may desire to submit samples for determination or classification for which a license is required under § 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.
7:7:2.1.1.1.2.1.69.16 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.22 Authority granted by license. AMS       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 §§ 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 §§ 28.901 through 28.917. Licenses shall be valid for a period of five years.
7:7:2.1.1.1.2.1.69.17 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.23 Suspension or revocation of license. AMS       (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…
7:7:2.1.1.1.2.1.69.18 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.24 Surrender of license certificate. AMS       In the event of suspension or revocation of a license, the licensee shall promptly surrender the license to the Division.
7:7:2.1.1.1.2.1.70.19 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.25 Samples for Form A determination. AMS     [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] 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 ass…
7:7:2.1.1.1.2.1.70.20 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.26 Samples for Form C determination. AMS     [52 FR 30881, Aug. 18, 1987] 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.
7:7:2.1.1.1.2.1.70.21 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.27 Samples for Form D determination. AMS     [52 FR 30881, Aug. 18, 1987] 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.
7:7:2.1.1.1.2.1.70.22 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.28 Lost or damaged samples. AMS     [52 FR 30882, Aug. 18, 1987] If any samples are lost, damaged, or mutilated, the Area Director shall inform the applicant.
7:7:2.1.1.1.2.1.70.23 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.29 Return of samples. AMS     [52 FR 30882, Aug. 18, 1987] 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.
7:7:2.1.1.1.2.1.70.24 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.30 Samples not returned are property of Department. AMS     [28 FR 10633, Oct. 3, 1963] 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.
7:7:2.1.1.1.2.1.71.25 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.31 Denial of service. AMS     [42 FR 24712, May 16, 1977] The Administrator may for good cause, including the acts or practices set forth in § 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.
7:7:2.1.1.1.2.1.71.26 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.32 Misrepresentation; deceptive or fraudulent acts or practices; violations. AMS     [28 FR 10634, Oct. 3, 1963, as amended at 52 FR 30882, Aug. 18, 1987; 81 FR 7029, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.1.72.27 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.35 Method of classification. AMS     [81 FR 7029, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.1.72.28 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.36 Order of classification. AMS     [81 FR 7029, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.1.72.29 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.37 Exposing of samples for classification. AMS     [81 FR 7029, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.1.72.30 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.38 Lower class (of two samples) to determine classification. AMS     [81 FR 7029, Feb. 10, 2016] 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 be that of the sample showing the lower class.
7:7:2.1.1.1.2.1.72.31 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.39 [Reserved] AMS        
7:7:2.1.1.1.2.1.72.32 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.40 Terms defined; cotton classification. AMS     [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] 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 i…
7:7:2.1.1.1.2.1.73.33 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.45 Scope of comparison; requests. AMS     [52 FR 30882, Aug. 18, 1987] 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.
7:7:2.1.1.1.2.1.73.34 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.46 Method of submitting samples and types. AMS       The method of submitting samples and types for comparison shall be the same as that prescribed in this subpart for submitting samples for classification.
7:7:2.1.1.1.2.1.73.35 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.47 Statement of finding for comparisons. AMS     [81 FR 7030, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.1.74.36 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.55 Issuance of memoranda and certificates. AMS     [52 FR 30882, Aug. 18, 1987] 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.
7:7:2.1.1.1.2.1.74.37 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.56 Form A and Form D memorandum. AMS     [22 FR 10930, Dec. 28, 1957, as amended at 52 FR 30882, Aug. 18, 1987] (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).
7:7:2.1.1.1.2.1.74.38 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.57 Form C certificate. AMS       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 § 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 § 28.161.
7:7:2.1.1.1.2.1.74.39 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.58 New memorandum or certificate; issuance. AMS       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.
7:7:2.1.1.1.2.1.74.40 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.59 Lost memorandum or certificate may be replaced by duplicate. AMS     [52 FR 30882, Aug. 18, 1987] 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.
7:7:2.1.1.1.2.1.74.41 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.60 Surrender of memoranda or certificates. AMS     [52 FR 30882, Aug. 18, 1987] 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.
7:7:2.1.1.1.2.1.75.42 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.65 Provisions for reviews. AMS       Reviews of classifications or comparisons represented by Form A or D memoranda or Form C certificates shall be governed by § 28.66.
7:7:2.1.1.1.2.1.75.43 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.66 Review procedure. AMS     [52 FR 30882, Aug. 18, 1987] 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.
7:7:2.1.1.1.2.1.75.44 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.68 Withdrawal of application for review. AMS       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.
7:7:2.1.1.1.2.1.76.45 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.105 Practical forms of cotton standards. AMS     [22 FR 10930, Dec. 28, 1975, as amended at 48 FR 37003, Aug. 16, 1983; 52 FR 30883, Aug. 18, 1987] (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. (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.
7:7:2.1.1.1.2.1.76.46 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.106 Universal cotton standards. AMS       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.
7:7:2.1.1.1.2.1.76.47 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.107 Original cotton standards and reserve sets. AMS     [30 FR 6637, May 14, 1965, as amended at 48 FR 16874, Apr. 20, 1983; 52 FR 30883, Aug. 18, 1987] (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 …
7:7:2.1.1.1.2.1.77.48 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.115 Fees and costs; payment. AMS     [52 FR 30883, Aug. 18, 1987] 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.
7:7:2.1.1.1.2.1.77.49 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.116 Amounts of fees for classification; exemption. AMS     [79 FR 67318, Nov. 13, 2014] (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 Pla…
7:7:2.1.1.1.2.1.77.50 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.117 Fee for new memorandum or certificate. AMS     [79 FR 67319, Nov. 13, 2014] 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 § 28.116. If the memorandum is provided by electronic means, the fee shall be determined using the same provisions.
7:7:2.1.1.1.2.1.77.51 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.118 When no fee collected for new certificate or memorandum. AMS       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.
7:7:2.1.1.1.2.1.77.52 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.119 Fee when request for classification is withdrawn. AMS       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.
7:7:2.1.1.1.2.1.77.53 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.120 Expenses to be borne by party requesting classification. AMS     [56 FR 24673, May 31, 1991] 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.
7:7:2.1.1.1.2.1.77.54 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.121 Advance deposits. AMS     [81 FR 7030, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.1.77.55 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.122 Fee for practical classing examination. AMS     [79 FR 67319, Nov. 13, 2014] The fee for the practical classing examination for cotton shall be determined as described in § 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 § 28.116.
7:7:2.1.1.1.2.1.77.56 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.123 Costs of practical forms of cotton standards. AMS     [57 FR 27892, June 23, 1992] The costs of practical forms of the cotton standards of the United States are as follows:
7:7:2.1.1.1.2.1.77.57 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.124 Payments; procedure. AMS     [22 FR 10937, Dec. 28, 1957, as amended at 30 FR 6637, May 14, 1965] Any payment or advance deposit under §§ 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.
7:7:2.1.1.1.2.1.77.58 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.125 No voiding or modifying claims for payment. AMS       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.
7:7:2.1.1.1.2.1.77.59 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.126 Loaning of forms and exhibits. AMS       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.
7:7:2.1.1.1.2.1.78.60 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.160 Cotton examiners on foreign exchanges. AMS       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 §§ 28.161 through 28.162.
7:7:2.1.1.1.2.1.78.61 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.161 Disputes involving contracts for shipment of cotton from United States. AMS       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.
7:7:2.1.1.1.2.1.78.62 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.162 Procedure. AMS       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.
7:7:2.1.1.1.2.1.79.63 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS A Subpart A—Requirements Under the United States Cotton Standards Act   § 28.165 OMB control numbers assigned pursuant to the Paperwork Reduction Act. AMS     [52 FR 30884, Aug. 18, 1987] (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.
7:7:2.1.1.1.2.2.80.1 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.175 Administrative and general. AMS     [81 FR 7030, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.2.80.10 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.184 Availability of electronic cotton classification data. AMS     [81 FR 7031, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.2.80.11 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.185 Issuance of cotton classification memoranda. AMS     [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] 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.
7:7:2.1.1.1.2.2.80.12 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.186 Review of cotton classification or comparison. AMS     [81 FR 7031, Feb. 10, 2016] 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 § 28.188.
7:7:2.1.1.1.2.2.80.13 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.187 Surrender of memoranda. AMS     [81 FR 7031, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.2.80.14 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.188 Fee amounts. AMS     [81 FR 7031, Feb. 10, 2016] The provisions of §§ 28.116 through 28.119 relating to fees shall apply to services performed with respect to foreign-growth cotton.
7:7:2.1.1.1.2.2.80.15 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.189 Expenses to be borne by party requesting classification. AMS     [81 FR 7031, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.2.80.16 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.190 Advance deposits. AMS     [81 FR 7031, Feb. 10, 2016] Advance deposit requirements for services rendered under this subpart are specified in § 28.121.
7:7:2.1.1.1.2.2.80.17 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.191 Payments methods. AMS     [81 FR 7031, Feb. 10, 2016] Acceptable methods of payment or advance deposit for fees specified in § 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”.
7:7:2.1.1.1.2.2.80.18 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.192 No voiding or modifying claims for payment. AMS     [81 FR 7031, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.2.80.2 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.176 Designation of official certificates, memoranda, marks, other identifications, and devices for purpose of the Agricultural Marketing Act. AMS     [22 FR 10930, Dec. 28, 1957, as amended at 81 FR 7030, Feb. 10, 2016] 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 approved by the Administrator for the purpose of applying any official mark or other identification to …
7:7:2.1.1.1.2.2.80.3 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.177 Request for classification and comparison of cotton. AMS     [81 FR 7030, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.2.80.4 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.178 Submission of cotton samples. AMS     [81 FR 7030, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.2.80.5 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.179 Lost or damaged samples. AMS     [81 FR 7030, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.2.80.6 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.180 No return of samples. AMS     [81 FR 7030, Feb. 10, 2016] 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.
7:7:2.1.1.1.2.2.80.7 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.181 Withdrawal of classification request. AMS     [81 FR 7030, Feb. 10, 2016] 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 § 28.188.
7:7:2.1.1.1.2.2.80.8 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.182 Denial of service. AMS     [81 FR 7031, Feb. 10, 2016] The Deputy Administrator may for good cause, including the acts or practices set forth in § 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.
7:7:2.1.1.1.2.2.80.9 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS B Subpart B—Classification for Foreign-Growth Cotton   § 28.183 Methods of cotton classification and comparison. AMS     [81 FR 7031, Feb. 10, 2016] (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 §§ 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 §§ 28.45 through 28.47.
7:7:2.1.1.1.2.3.80.1 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.301 Measurement: humidity; temperature. AMS       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 °F.
7:7:2.1.1.1.2.3.80.2 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.302 Terms of designation. AMS       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 § 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.”
7:7:2.1.1.1.2.3.80.3 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.303 Standards for length of staple for American upland cotton. AMS     [49 FR 28391, July 12, 1984] (a) Effective July 12, 1985, standards for the lengths of staple of American 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] (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.
7:7:2.1.1.1.2.3.80.4 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.304 Original representation of American Pima cotton staple lengths. AMS     [49 FR 28391, July 12, 1984] 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.
7:7:2.1.1.1.2.3.80.5 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.306 Over AMS     [22 FR 10930, Dec. 28, 1957. Redesignated at 49 FR 28391, July 12, 1984] Cotton which is more than thirteen-sixteenths of an inch in length of staple but is not exactly one of the measurements specified in § 28.302, shall be designated by that one of such measurements which comes nearest under its true measurement.
7:7:2.1.1.1.2.3.80.6 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.307 Bale of different staple lengths. AMS     [22 FR 10930, Dec. 28, 1957. Redesignated at 49 FR 28391, July 12, 1984] 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.
7:7:2.1.1.1.2.3.82.10 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.404 Strict Low Middling Color. AMS       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.”
7:7:2.1.1.1.2.3.82.11 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.405 Low Middling Color. AMS       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.”
7:7:2.1.1.1.2.3.82.12 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.406 Strict Good Ordinary Color. AMS       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.”
7:7:2.1.1.1.2.3.82.13 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.407 Good Ordinary Color. AMS       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.”
7:7:2.1.1.1.2.3.82.7 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.401 Good Middling Color. AMS       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.”
7:7:2.1.1.1.2.3.82.8 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.402 Strict Middling Color. AMS       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.”
7:7:2.1.1.1.2.3.82.9 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.403 Middling Color. AMS       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.”
7:7:2.1.1.1.2.3.83.14 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.411 Good Middling Light Spotted Color. AMS       Good Middling Light Spotted Color is color which in spot or color, or both, is between Good Middling Color and Good Middling Spotted Color.
7:7:2.1.1.1.2.3.83.15 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.412 Strict Middling Light Spotted Color. AMS       Strict Middling Light Spotted Color is color which in spot or color, or both, is between Strict Middling Color and Strict Middling Spotted Color.
7:7:2.1.1.1.2.3.83.16 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.413 Middling Light Spotted Color. AMS       Middling Light Spotted Color is color which in spot or color, or both, is between Middling Color and Middling Spotted Color.
7:7:2.1.1.1.2.3.83.17 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.414 Strict Low Middling Light Spotted Color. AMS       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.
7:7:2.1.1.1.2.3.83.18 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.415 Low Middling Light Spotted Color. AMS       Low Middling Light Spotted Color is color which in spot or color, or both, is between Low Middling Color and Low Middling Spotted Color.
7:7:2.1.1.1.2.3.83.19 7 Agriculture I A 28 PART 28—COTTON CLASSING, TESTING, AND STANDARDS C Subpart C—Standards   § 28.416 Strict Good Ordinary Light Spotted Color. AMS       Strict Good Ordinary Light Spotted Color is color which in spot or color, or both, is between Strict Good Ordinary Color and Strict Good Ordinary Spotted Color.

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