Farm Service Agency November 21, 2011 – Federal Register Recent Federal Regulation Documents

The Commodity Credit Corporation (CCC) is making available a document regarding two consolidated determinations with respect to the current methods used to calculate manufacturer and importer assessments that fund the Tobacco Transition Payment Program (TTPP). It is in response to challenges raised in two lawsuitsPrime Time International Co. v. Vilsack et al. and Philip Morris USA Inc. v. Vilsack et al. involving the terms and construction of the Fair and Equitable Tobacco Reform Act of 2004 (FETRA). Both matters involve the question of what is a ``share of gross domestic volume'' within the meaning of FETRA and the question of what is to be done with those ``shares'' in calculating program liabilities. Because the outcomes of these two lawsuits have the potential to affect not only the plaintiffs, but also all other importers and manufacturers, public availability of a USDA determination is warranted.