7 C.F.R. § 1580.301

Application for trade adjustment assistance

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(a) Only producers covered by a certification of eligibility under § 1580.203 of this title, may apply for adjustment assistance.

(b) An eligible producer may submit an application for adjustment assistance by submitting to FSA a designated application form at any time after the certification date but not later than 90 days after the certification date. If the 90-day application period ends on a weekend or legal holiday, the producer may apply the following business day.

(1) The producer produced the agricultural commodity in the marketing year for which the petition is filed and in at least 1 of the 3 marketing years preceding that marketing year;

(2) There has been a decrease in the quantity of the agricultural commodity produced by the producer in the marketing year for which the petition is certified from the most recent prior marketing year preceding that marketing year for which data is available; or

(3) There has been a decrease in the price of the agricultural commodity based on:

(i) The price received for the agricultural commodity by the producer during the marketing year with respect to which the petition is filed from the average price for the commodity received by the producer in the 3 marketing years preceding that marketing year; or

(ii) The effective posted county price maintained by the Secretary for the agricultural commodity on the date on which the Administrator (FAS) accepts a petition for consideration as published in the Federal Register from the average effective posted county level price for the commodity in the 3 marketing years preceding that date. If USDA prices are not available, prices from verifiable sources, including universities, cooperatives, or local markets, may be used.

(4) If a petition is certified with respect to a commodity not produced by the producer every year, the producer may establish the average price received by the producer for the commodity in the 3 marketing years preceding the year in which the petition is filed by using annual price data for the 3 most recent marketing years in which the producer produced the commodity.

(5) The producer must certify that the producer has not received cash benefits under the Trade Adjustment Assistance for Workers or Trade Adjustment Assistance for Firms programs; or TAA for Farmers benefits based on the production of an agricultural commodity covered by another TAA for Farmers petition.

(d) The producer must certify that:

(1) For petitions certified for 2008 crops, their compliance with person determinations set forth in part 1400 of this title, subpart B and average adjusted gross income limitation requirements set forth in subpart G, effective July 18, 1996.

(2) For petitions certified for 2009 and subsequent crops, their average gross nonfarm income and average adjusted gross farm income meet requirements set forth in part 1400 of this title, subpart F, and payment limitation requirements set forth in part 1400 of this title, subparts A and B, effective December 29, 2008; and,

(e) The total amount of payments made to a producer for which the application was approved may not exceed the limitations on payments applicable to:

(1) For petitions certified for 2008 crops, counter-cyclical payments, set forth in part 1400 of this title, subpart A, effective July 18, 1996.

(2) For petitions certified for 2009 and subsequent crops, the counter-cyclical payments, including the Average Crop Revenue Election (ACRE) set forth in part 1400 of this title, subparts A and B, effective December 29, 2008; and

(f) If requested by FSA, a producer must provide documentation regarding average adjusted gross income and payment limitations.

Notes of Decisions

Cited in 32 cases, 2005–2010 · leading case: Dus & Derrick, Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1326 (Ct. Intl. Trade 2007).

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Dus & Derrick, Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1326 (Ct. Intl. Trade 2007). · cites it 14× “§ 2401e(a)(l)(C); 7 C.F.R. § 1580.301 (e)(4). In support of its application, plaintiff submitted its Form 1120 corporate tax returns for calendar years 2001, 2002 and 2003.”

Van Trinh v. United States Sec'y of Agric., 395 F. Supp. 2d 1259 (Ct. Intl. Trade 2005). · cites it 7× “§ 2401e(a)(l)(A)-(B), (D) 13 or the regulatory requirements listed in 7 C.F.R. § 1580.301 (b), (e)(l)-(3), (5).”

Steen v. United States, 395 F. Supp. 2d 1345 (Ct. Intl. Trade 2005). · cites it 5× “§ 2401e(a)(l) and 7 C.F.R. § 1580.301 (e)(4)). Specifically, Defendant claims that since Plaintiff has failed to demonstrate his net fishing income for the most recent year is not less than his net fishing income for the latest year in which no TAA assistance was received, he is…”

O'Toole v. U.S. Sec'y of Agric., 471 F. Supp. 2d 1323 (Ct. Intl. Trade 2007). · cites it 5× “§ 2401e(a)(l)(C); 7 see also 7 C.F.R. § 1580.301 (e)(4) (requiring certification of decline in net fishing income from that during pre-adjustment year).”

Anderson v. United States, Sec'y of Agric., 429 F. Supp. 2d 1352 (Ct. Intl. Trade 2006). · cites it 3× “§ 2401e(a)(l)(C) or 7 C.F.R. § 1580.301 (e)(1) & (4). Id. at 5 .”

Ron Steen v. United States, 468 F.3d 1357 (Fed. Cir. 2006). · cites it 2× “7 C.F.R. §§ 1580.301 (e), 1580.302. Again paralleling the statute, the regulations require a producer applying for monetary benefits to certify, among other things, that his “net farm or fishing income for the most recent tax year was less than that during the producer’s…”

Viet Do v. United States Sec'y of Agric., 427 F. Supp. 2d 1224 (Ct. Intl. Trade 2006). · cites it 2× “§ 2401e(a)(l)(C) requires that “[t]he producer’s net farm income (as determined by the Secretary) for the most recent year is less than the producer’s net farm income for the latest year in which no adjustment assistance was received by the producer under this part.”

Anderson v. United States Sec'y of Agric., 462 F. Supp. 2d 1333 (Ct. Intl. Trade 2006). “” See 7 C.F.R. § 1580.301 (e)(6); see also Selivanoff v.”

Wooten v. United States, Sec'y of Agric., 441 F. Supp. 2d 1253 (Ct. Intl. Trade 2006). · cites it 2× “” 7 C.F.R. § 1580.301 (e)(4). In this instance, Plaintiff originally failed to provide the required certification but was permitted to supplement the record during the course of this litigation.”

Lady Kim T. Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1262 (Ct. Intl. Trade 2006). “In the instant matter, the relevant regulation *1266 is 7 C.F.R. § 1580.301 (“regulation”). Paralleling the language of the statute, the regulation requires a producer applying for TAA monetary benefits to certify, inter alia, that his “net farm or fishing income was less than…”

Hacker v. United States, 613 F.3d 1380 (Fed. Cir. 2010). · cites it 4× “See 7 C.F.R. § 1580.301 (e)(6) (2006). I. “Congress expressly delegated to the Secretary of Agriculture the responsibility to determine ‘net farm income’ ” for purposes of awarding TAA cash benefits.”

Anderson v. U.S. Sec'y of Agric., 491 F. Supp. 2d 1305 (Ct. Intl. Trade 2007). “” 7 C.F.R. § 1580.301 (e)(4) (2004) (emphasis added).”

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