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Electronic Code of Federal Regulations

e-CFR data is current as of December 5, 2019

Title 7Subtitle BChapter ISubchapter A → Part 28


Title 7: Agriculture


PART 28—COTTON CLASSING, TESTING, AND STANDARDS


Contents

Subpart A—Regulations Under the United States Cotton Standards Act

definitions

§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.

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 1316 inch staple.
§28.307   Bale of different staple lengths.

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 ColorGrade 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.
§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

§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.

§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 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

§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.

§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]

§§28.5-28.6   [Reserved]

§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]

§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]

§28.9   Inspection; sampling; classification.

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.

[58 FR 41993, Aug. 6, 1993]

requests for classification and comparison

§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 §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.

[22 FR 10932, Dec. 28, 1957, as amended at 31 FR 7734, June 1, 1966; 52 FR 30881, Aug. 18, 1987]

§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]

§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]

§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]

§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 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.

§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 §§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.

§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 §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.

§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 §§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.

§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 §§28.901 through 28.917.

§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

§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]

§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]

§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]

§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]

§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]

§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

§28.31   Denial of service.

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.

(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]

§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

§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]

§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]

§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]

§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 be that of the sample showing the lower class.

[81 FR 7029, Feb. 10, 2016]

§28.39   [Reserved]

§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

§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]

§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.

§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

§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]

§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]

§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 §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.

§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.

§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]

§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

§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 §28.66.

§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]

§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

§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.

(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]

§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.

§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]

fees and costs

§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]

§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 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]

§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 §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]

§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.

§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.

§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]

§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]

§28.122   Fee for practical classing examination.

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.

[79 FR 67319, Nov. 13, 2014]

§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:

Effective date: July 1, 1992Dollars each box or roll
Domestic shipmentsShipments delivered outside the continental United States
f.o.b. Memphis, TNSurface deliveryAir freight collectAir parcel post delivered
Grade Standards:
American Upland$125$130$125$165
American Pima160165160200
Standards for length of staple:
American Upland (prepared in one pound rolls for each length)19221933
American Pima (prepared in one pound rolls for each length)20232034

[57 FR 27892, June 23, 1992]

§28.124   Payments; procedure.

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.

[22 FR 10937, Dec. 28, 1957, as amended at 30 FR 6637, May 14, 1965]

§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.

§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

§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 §§28.161 through 28.162.

§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.

§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.

publications media

§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.

7 CFR sections where identified and describedCurrent OMB control No.
28.15-28.190581-0008
28.20-28.240581-0008
28.250581-0009
28.660581-0008
28.1050581-0008
28.1150581-0008
28.1200581-0008
28.1220581-0008
28.1390581-0008
28.1460581-0008
28.1770581-0008
28.181-28.1840581-0008
28.9040581-0009
28.9060581-0009
28.9110581-0008

[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.

§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]

§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 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]

§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]

§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]

§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]

§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]

§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 §28.188.

[81 FR 7030, Feb. 10, 2016]

§28.182   Denial of service.

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.

[81 FR 7031, Feb. 10, 2016]

§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 §§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.

[81 FR 7031, Feb. 10, 2016]

§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]

§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]

§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 §28.188.

[81 FR 7031, Feb. 10, 2016]

§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]

§28.188   Fee amounts.

The provisions of §§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]

§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]

§28.190   Advance deposits.

Advance deposit requirements for services rendered under this subpart are specified in §28.121.

[81 FR 7031, Feb. 10, 2016]

§28.191   Payments methods.

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”.

[81 FR 7031, Feb. 10, 2016]

§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.

§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 °F.

§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 §28.301:

“Below 1316 ; 78 ; 2932 ; 1516 ; 3132 ; 1; 1132 ; 1116 ; 1332 ; 118 ; 1532 ; 1316 ; 1732 ; 114 ; 1932 ; 1516 ; 11132 ; 138 ; 11332 ; 1716 ; 11532 ; 112 ; 11732 ; 1916 ; 11932 ; 158 ; 12132 ; 11116 ; 12332 ; 134 ; and upward in like manner in gradations of thirty-seconds, disregarding any fraction less than a thirty-second.”

§28.303   Standards for length of staple for American upland cotton.

(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 114 inches, in graduations of thirty-second inches, will be expressed in increments of .041 inches.

[In inches]

Staple lengthUpper quartile length range
1316 .827-.847
78 .909-.929
2932 .950-.970
1516 .990-1.010
3132 1.031-1.051
11.072-1.092
1132 1.113-1.133
1116 1.154-1.174
1332 1.195-1.215
118 1.236-1.256
1532 1.277-1.297
1316 1.318-1.338
1732 1.359-1.379
114 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]

§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
1516 Aug. 1, 1961.
138 Aug. 10, 1943.
1716 Aug. 10, 1943.
112 Aug. 1, 1929.

[49 FR 28391, July 12, 1984]

§28.306   Over 1316 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 §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]

§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.

white cotton

§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.”

§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.”

§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.”

§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.”

§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.”

§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.”

§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.

§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.

§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.

§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.

§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.

§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.

§28.416   Strict Good Ordinary Light Spotted Color.

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.

Spotted Cotton

Source: 57 FR 34498, Aug. 5, 1992, unless otherwise noted.

§28.421   Good Middling Spotted Color.

Good Middling Spotted Color is color which is better than Strict Middling Spotted Color.

§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.”

§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.”

§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.”

§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.”

§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.

§28.431   Strict Middling Tinged Color.

Strict Middling Tinged Color is color which is better than Middling Tinged Color.

§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.”

§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.”

§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.”

yellow stained cotton

§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]

§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

§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.

§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.”

§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.”

§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.”

§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.”

§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.”

§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, American Upland, Strict Good Ordinary, effective July 1, 1987.”

§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

§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

§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]

§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]

§28.482   United States Cotton Futures Act.

The cotton standards contained in §28.301 through §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.)

§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]

§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]

§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]

§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]

§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]

§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]

§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]

§§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.

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]

§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]

§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]

§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]

§28.515   Leaf Grade No. 5.

Leaf grade No. 5 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. 5, effective July 1, 2001.”

[65 FR 36601, June 9, 2000]

§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]

§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

§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]

§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).

§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.

Color gradeSymbolCode No.
Good MiddlingGM11
Strict MiddlingSM21
MiddlingMid31
Strict Low MiddlingSLM41
Low MiddlingLM51
Strict Good OrdinarySGO61
Good OrdinaryGO71
Good Middling Light SpottedGM Lt SP12
Strict Middling Light SpottedSM Lt Sp22
Middling Light SpottedMid Lt Sp32
Strict Low Middling Light SpottedSLM Lt Sp42
Low Middling Light SpottedLM Lt Sp52
Stict Good Ordinary Light SpottedSGO Lt Sp62
Good Middling SpottedGM Sp13
Strict Middling SpottedSM Sp23
Middling SpottedMid Sp33
Strict Low Middling SpottedSLM Sp43
Low Middling SpottedLM Sp53
Strict Good Ordinary SpottedSGO Sp63
Strict Middling TingedSM Tg24
Middling TingedMid Tg34
Strict Low Middling TingedSLM Tg44
Low Middling TingedLM Tg54
Strict Middling Yellow StainedSM YS25
Middling Yellow StainedMid YS35
Below Grade—(Below Good Ordinary)BG81
Below Grade—(Below Strict Good Ordinary Light Spotted)BG82
Below Grade—(Below Strict Good Ordinary Spotted)BG83
Below Grade—(Below Low Middling Tinged)BG84
Below Grade—(Below Middling Yellow Stained)BG85

(b) Symbols and Code Numbers used for Leaf Grades of American Upland Cotton.

Leaf gradeSymbolCode No.
Leaf Grade 1LG11
Leaf Grade 2LG22
Leaf Grade 3LG33
Leaf Grade 4LG44
Leaf Grade 5LG55
Leaf Grade 6LG66
Leaf Grade 7LG77
Below Leaf GradeBLG8

(c) Symbols and Code Numbers for Color Grades of American Pima Cotton.

Full grade name Symbol Code No.
Color Grade No. 1AP C101
Color Grade No. 2AP C202
Color Grade No. 3AP C303
Color Grade No. 4AP C404
Color Grade No. 5AP C505
Color Grade No. 6AP C606
Color Grade No. 7AP C707

(d) Symbols and Code Numbers for Leaf Grades of American Pima Cotton.

Full grade name Symbol CodeNo.
Leaf Grade No. 1AP L11
Leaf Grade No. 2AP L22
Leaf Grade No. 3AP L33
Leaf Grade No. 4AP L44
Leaf Grade No. 5AP L55
Leaf Grade No. 6AP L66
Leaf Grade No. 7AP L77

(e) Code numbers for Length of Staple Designations.

Length of staple—inchesCode No.
Below 1316 24
1316 26
78 28
2932 29
1516 30
3132 31
132
1132 33
1116 34
1332 35
118 36
1532 37
1316 38
1732 39
114 40
1932 41
1516 42
11132 43
138 44
11332 45
1716 46
11532 47
112 48
11732 49
1916 50
11932 51
158 52
12132 53
11116 54
12332 55
134 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.

§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 §28.603.

§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 §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.

§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.

(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

§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.

Administration

§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

§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.

§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

§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 §§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.

§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.

§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 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 §28.908(f) shall constitute a request for classification service by the producer.

§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 §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

§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 §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 §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 §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 §28.116, with a minimum per-sheet fee determined under the same provisions.

[79 FR 67319, Nov. 13, 2014]

§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 §28.116.

(b) Samples for review classification must be drawn by gins or warehouses licensed pursuant to §§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 §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 §28.116.

[74 FR 26772, June 4, 2009, as amended at 79 FR 67319, Nov. 13, 2014]

Limitations of Services

§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

§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

§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

§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]

§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.

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.

§28.954   Costs of submitting samples.

The transportation of samples to a laboratory for testing shall be without expense to the Government.

§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]

§28.956   Prescribed fees.

Fees for fiber and processing tests shall be assessed as listed below:

Item number and kind of testFee per 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 States100.00
c. By air freight collect outside continental United States95.00
d. By air parcel post delivery outside continental United States135.00
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 States168.00
b. By air parcel post delivery outside continental United States324.00
2.0   Furnishing international calibration cotton standards with standard values for micronaire reading and fiber strength at zero and 18 -inch gage and Fibrograph length:
a. f.o.b. Memphis, Tennessee 12 -lb. sample20.00
b. By surface delivery within continental United States, 12 -lb. sample22.00
c. By air freight collect outside continental United States, 12 -lb. sample20.00
d. By air parcel post delivery, outside continental United States, 12 -lb. sample30.00
2.1   Furnishing international calibration cotton standards with standard values for micronaire reading only:
a. f.o.b. Memphis Tennessee, 1-lb. sample28.00
b. Surface delivery within continental United States, 1-lb. sample31.00
c. By air freight collect outside continental United States, 1-lb. sample28.00
d. By air parcel post delivery outside continental United States, 1-lb. sample42.00
3.0   Furnishing standard color tiles for calibrating cotton colormeters, per set of five tiles including box:
a. f.o.b. Memphis, Tennessee125.00
b. Surface delivery within continental United States130.00
c. By air freight collect outside continental United States125.00
d. By air parcel post delivery outside continental United States165.00
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, Tennessee22.00
b. Surface delivery within continental United States25.00
c. By air freight collect outside continental United States22.00
d. By air parcel post delivery outside continental United States35.00
3.2   Furnishing single trashmeter calibration standard, each:
a. f.o.b. Memphis, Tennessee30.00
b. Surface delivery within continental United States33.00
c. By air freight collect outside continental United States30.00
d. By air parcel post delivery outside continental United States44.00
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, Tennessee150.00
b. Surface delivery within continental United States155.00
c. By air freight collect outside continental United States150.00
d. By air parcel post delivery outside continental United States190.00
3.4   Furnishing a single cotton sample of a designated leaf level mounted under glass, each:
a. f.o.b. Memphis, Tennessee40.00
b. Surface delivery within continental United States44.00
c. By air freight collect outside continental United States40.00
d. By air parcel post delivery outside continental United States54.00
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, Tennessee240.00
b. Surface delivery within continental United States264.00
c. By air freight collect outside continental United States240.00
d. By air parcel post delivery outside continental United States300.00
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, Tennessee42.00
b. Surface delivery within continental United States47.00
c. By air freight collect outside continental United States42.00
d. By air parcel post delivery outside continental United States82.00
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, Tennessee42.00
b. Surface delivery within continental United States47.00
c. By air freight collect outside continental United States42.00
d. By air parcel post delivery outside continental United States82.00
5.0   High Volume Instrument (HVI) measurement. Reporting Micronaire, length, length uniformity, 18 -inch gage strength, color and trash content. Based on a 6 oz. (170 g.) sample, per sample1.75
6.0   Color of ginned cotton lint. Reporting data on the reflectance and yellowness in terms of Rd and +b values as based on the Nickerson-Hunter Cotton Colorimeter on samples which measure 5 × 612 inches and weigh approximately 50 grams, per sample1.25
7.0   Fiber length of ginned cotton lint by Fibrograph method. Reporting the average length and average length uniformity as based on 4 specimens from a blended sample, per sample9.50
7.1   Fiber length of ginned cotton lint by Fibrograph method. Reporting the average length and average length uniformity as based on 2 specimens from each unblended sample6.00
8.0   Pressley strength of ginned cotton lint by flat bundle method for either zero or 18 -inch gage as specified by applicant. Reporting the average strength as based on 6 specimens from a blended sample, per sample9.75
8.1   Pressley strength of ginned cotton lint by flat bundle method for either zero or 18 -inch gage as specified by applicant. Reporting the strength as based on 2 specimens for each unblended sample, per sample6.00
9.0   Stelometer strength and elongation of ginned cotton lint by the flat bundle method for 18 -inch gage. Reporting the average strength and elongation:
a. Based on 6 specimens from each blended sample, per sample9.75
b. Based on 4 specimens from each blended sample, per sample7.50
c. Based on 2 specimens from each blended sample, per sample6.00
10.0   Micronaire readings on ginned lint. Reporting the micronaire based on 2 specimens per sample0.70
10.1   Micronaire reading based on 1 specimen per sample0.40
11.0   Fiber maturity and fineness of ginned cotton lint by the Causticaire method. Reporting the average maturity, fineness, and micronaire reading as based on 2 specimens from a blended sample, per sample16.00
Minimum fee80.00
12.0   Fiber fineness and maturity of ginned cotton lint by 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 sample7.50
13.0   Fiber length array of cotton samples. Reporting the average percentage of fibers by weight in each 18 -inch group, average length and average length variability as based on 3 specimens from a blended sample:
a. Ginned cotton lint, per sample78.00
b. Cotton comber noils, per sample119.00
c. Other cotton wastes, per sample143.00
13.1   Fiber length array of cotton samples. Reporting the average percentage of fibers by weight in each 18 -inch group, average length, and average length variability as based on 2 specimens from a blended sample:
a. Ginned cotton lint, per sample57.00
b. Cotton comber noils, per sample82.00
c. Other cotton wastes, per sample112.00
13.2   Fiber length array of cotton samples, including purified or absorbent cotton. Reporting the average percentage of fibers by weight in each 18 -inch group, average length and average length variability as based on 3 specimens from a blended sample, per sample137.000
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 only28.00
b. Report percentages of fiber by weight and number or tuft33.00
c. Report percentages of fiber by weight, number and tuft38.00
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-gram specimen8.50
b. For samples of ginning and processing wastes other than comber noils, per 100-gram specimen15.00
16.0   Neps content of ginned cotton lint. Reporting the neps 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 sample17.00
17.0   Sugar content of cotton. Reporting the percent sugar content as based on a quantitative analysis of reducing substances (sugars) on cotton fibers, per sample5.50
Minimum fee27.50
18.0   Miniature carded cotton spinning test. Reporting data 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 sample27.00
19.0   Two-pound cotton carded yarn spinning test available 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 sample88.00
20.0   Cotton carded yarn spinning test. Reporting data on 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 612 , 912 , or 1212 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 sample120.00
21.0   Spinning potentials test. Determining the finest yarn which can be spun with no ends down and reporting spinning potential yarn number. This test requires an additional 4 pounds of cotton, per sample110.00
22.0   Cotton combed yarn spinning test. Reporting data on 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 412 , 612 , or 912 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 sample160.00
23.0   Cotton carded and combed yarn spinning test. Reporting 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 sample232.00
24.0   Cotton carded and combed yarn spinning test. Reporting 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 sample252.00
25.0   Processing and testing of additional yarn. Any carded 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 yarn35.00
25.1   Processing and finishing of additional yarn. Any yarn 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 yarn48.00
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 yarn88.00
(b) Plied or cabled yarns based on 10 specimens, per lot of yarn26.00
27.0   Skein strength of yarn. Reporting data on the strength and the yarn numbers based on 25 skeins from yarn furnished by the applicant, per sample14.00
27.1   Single Strand Yarn Strength Test. Measuring 100 strands on a Statimat Tester and reporting yarn strength, elongation and coefficient of variation, per test6.50
28.0   Appearance grade of yarn furnished on bobbins by applicant. Reporting the appearance grade in accordance with ASTM standards as based on yarn wound from one bobbin, per bobbin6.00
28.1   Furnishing yarn wound on boards in connection with yarn appearance tests9.50
28.2   Yarn Imperfections Test. Measuring yarn on the Uster Evenness Tester and reporting the yarn imperfections, thick places, thin places, and neps, and the present coefficient of variation, per sample6.50
29.0   Strength of cotton fabric. Reporting the average warp and filling strength by the grab method as based on 5 breaks for both warp and filling of fabric furnished by the applicant, per sample20.00
29.1   Cotton fabric analysis. Reporting data on the number of warp and filling threads per inch and weight per yard of fabric based on at least three (3) 6 × 6 inch specimens of fabric which were processed or furnished by the applicant, per sample35.00
30.0   Chemical finishing tests on finished drawing silver. 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)16.00
Minimum fee48.00
32.0   Furnishing identified cotton samples. Includes samples 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 sample4.25
33.0   Furnishing additional copies of test reports. Including extra copies in addition to the two copies routinely furnished in connection with each test item, per additional sheet1.50
Minimum fee6.00
33.1   Furnishing a certified relisting of test results. Includes samples of sub-samples selected from any previous tests, per sheet18.00
33.2   Sending copies of test reports for facsimile (FAX), per sheet:
a. Within continental United States2.00
b. Outside continental United States5.00
34.0   Classification of ginned cotton lint is available in connection with other fiber tests, under the provisions of 7 CFR part 28, §28.56, Classification includes grade only based on a 6 oz. (170 g.) sample.

[57 FR 27893, June 23, 1992]

§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 §28.956 may be performed to the extent that available facilities will permit, subject to the payment of fees determined by the Director.

§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]

§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]

§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]

§28.961   False and misleading information.

The publication or communication by any person of false or misleading information concerning the results of tests as reported by laboratories under the regulations in this subpart shall be deemed sufficient cause for denial of testing services to such persons.

[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]

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