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January 8, 2010
 


PhytoGen® is the Right Choice

“It didn’t rain throughout June, and we still had good yields. A good fiber package is also very important, and the PHY 375 [WRF] has graded great so far.”

— Aaron Wade, Jonesville, Louisiana

For more information about PhytoGen brand varieties, visit www.PhytoGenYields.com or call 1-800-258-3033.

photogen-widestrike-online

®PhytoGen and the PhytoGen Logo are trademarks of PhytoGen Seed Company, LLC. ®The WideStrike Logo is a trademark of Dow AgroSciences LLC. PhytoGen Seed Company is a joint venture between Mycogen Corporation, an affiliate of Dow AgroSciences LLC, and the J.G. Boswell Company.

 


PhytoGen® Brand Varieties Pay Off

In the field, on the scale and at the gin, PhytoGen® brand varieties pay off. And for 2010, PhytoGen offers three Acala varieties.

• PhytoGen brand PHY 755 WRF has WideStrike® Insect Protection (two-gene Bt cotton) and Genuity Roundup Ready® Flex. Plus, check out that staple length of 40! The parentage is PHY 72.

• PhytoGen brand PHY 725 RF is the most widely planted Acala in California, offering Genuity Roundup Ready Flex, high yield potential and long staple length.

• PhytoGen brand PHY 72 is a high-yielding conventional Acala with wide adaptability and long staple length.

For more information, see your cottonseed dealer or call 1-888-395-7378.

p-w-genuity-online

®PhytoGen and the PhytoGen Logo are trademarks of PhytoGen Seed Company, LLC. ®WideStrike and the WideStrike Logo are trademarks of Dow AgroSciences LLC. ®™Genuity, the Genuity logo and design and Roundup Ready are trademarks of Monsanto Company. PhytoGen Seed Company is a joint venture between Mycogen Corporation, an affiliate of Dow AgroSciences LLC, and the J.G. Boswell Company.

 


 
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IRS Auditing Farm Program Benefits

Agriculture Secretary Tom Vilsack announced on Dec. 31 that USDA has entered into an agreement under which Internal Revenue Service (IRS) will conduct computer audits of tax returns of all recipients of farm program benefits in an effort to identify participants who may have exceeded the adjusted gross income limits established for farm and conservation programs.

The Secretary also announced modifications to the definition of actively-engaged-in- farming for a select group of small operations.

USDA has finalized a Memorandum of Understanding with the IRS to establish an electronic information exchange process for verifying compliance with the adjusted gross income provisions for commodity and conservation programs. The ’08 farm law includes provisions which: (1) make persons or legal entities with more than $500,000 in annual average adjusted non-farm income ineligible for all program payments; (2) deny direct payments to those with more than $750,000 in annual average adjusted farm income; and (3) make those with more than $1 million in annual average adjusted nonfarm income ineligible for conservation programs.

The IRS electronic audit procedure reviews data from tax returns, performs a series of calculations, and compares the results to the statutory income limitations. Every program participant must complete a form from the Farm Services Agency (FSA) and return it directly to the IRS by June 15, providing consent for IRS to provide information to USDA. If the form is not returned to the IRS by June 15, payments to the person or entity will be suspended. FSA and the Natural Resources Conservation Service will receive a report from the IRS indicating whether the program participant appears to meet the income limits, based on the audit.

According to USDA, no actual tax data will be included in the report that IRS sends to USDA. Participants identified in the IRS audit as possibly having income that exceeds the applicable limits will have to provide third party verification or other information to confirm they are in compliance.

USDA also announced that beginning with the ’10 crop, the rules that are used to determine if a participant is “actively-engaged-in-farming” have been slightly modified for individuals in certain operations. Every stockholder or member of a legal entity does not have to contribute labor or management if: (1) at least 50% of the interest in the legal entity is held by stockholders or members who are providing active personal labor or active personal management that collectively qualifies as a significant contribution to the farming operation; and (2) the total direct payments made directly and indirectly to the legal entity and each of the members does not exceed $40,000.

The change noted above is included in a Final Rule published on Jan. 7, ’10. That rule includes other very minor modifications to the Interim Rule published on Dec. 28, ’08, which implemented the limitation and eligibility provisions of the 2008 farm law. Eligibility determinations for the ’08 and ’09 crops have been made using the provisions and definitions included in the Interim Rule.

The NCC and virtually every commodity and general farm organization filed detailed comments on the Interim Rule, contending that it went well beyond the statute. The organizations also called for major changes to the rule. A group of 69 House members and 21 Senators cosigned a letter to Secretary Vilsack urging him to publish a final rule that more closely reflected the provisions in the statute and intention of Congress.

USDA rejected virtually every recommendation and indicated in the narrative accompanying the Final Rule that more than 75% of the comments received called for more stringent provisions than were in the Interim Rule.

FSA has issued Notices PL-202 and PL-203 providing instructions to field offices so they can begin reviewing and approving farm plans for ’10. According to USDA officials, the only change from ’09 to ’10 is the modification of the determination of actively engaged as described above.

Under the provisions of the '08 farm law, participants with approved plans were eligible to request an advance ’10 Direct Payment in Dec. ’09 and in Feb. ’10, the Secretary is authorized to make a partial CCP based on his estimate of the total CCP for the ’09 crop.

A copy of the USDA announcement, a fact sheet, a copy of the Final Rule, a copy of the NCC’s comments on the Interim Rule and copies of Notices PL-202 and PL-203 are available at www.cotton.org.

 
CFTC Releases Cotton Investigation

The Commodity Futures Trading Commission (CFTC) released a report summarizing the findings of their investigation into the abnormal price fluctuations which occurred in the cotton market in February and March of ’08. The CFTC’s report, which is available at http://www.cftc.gov, found no evidence of direct price manipulation by market participants.

Among the CFTC’s findings, the investigation concluded that the “trading activity of the largest longs was not consistent with activity that would cause an increase in the price of cotton futures or options.” The report also stated that, “In large measure, the volatile price moves experienced in late February and early March 2008 in the cotton market reflected a multitude of changing expectations regarding fundamental and economic factors.”

However, the report raised several issues related to the overall trading environment on the ICE US exchange and recommended that ICE US:

  • analyze, in light of historic price volatility, the expected frequency with which the current price limits will restrict trading.
  • evaluate whether, in conditions of rapidly rising prices and extreme price volatility, the newly expanded price limits will allow the cotton market to operate efficiently and facilitate the price discovery and risk management functions.
  • notify the Commission of whether it intends to implement the dormant Rule 10.09(b) and subject cotton options to price limits. If so, ICE US should provide the Commission with an update on the status of the technology upgrades needed to implement the dormant rule.

The NCC issued a statement welcoming the release of the investigation and reiterating the industry’s continuing concerns about the ability of the futures market to serve as an effective tool for hedging physical cotton. No regulatory change has been promulgated that would prevent a recurrence of the events in early ’08. Though not an exhaustive list, the cotton industry recommends: that hedge exemptions and eligibility for hedge margin levels should be limited to those actually involved in the physical handling of the agricultural commodity; and all contract and over-the-counter market participants should be subjected to speculative position limits.

 
Justice Responds in NPDES Permitting Case

The Justice Dept. has filed a response in opposition to the petitions for certiorari filed in the case of NCC v. EPA (now referred to as CroplifeAmerica v. Baykeeper).

The US Government's brief essentially agreed with the position of the NCC and other petitioners that the Court of Appeals ruling in the case was incorrect as the Court did not provide adequate deference to long-standing regulations and decisions of the EPA. However, the US Government stated that because the Court of Appeals granted a two-year stay in its decision, EPA and the 46 states that directly issue NPDES permits have adequate time to mitigate the detrimental impact of the incorrect decision by issuing "general permits" for pesticide use.  Therefore, the government argued, there is no need for Supreme Court review.

NCC Chairman Hardwick stated that, "the US Government's response in this case essentially agrees with the NCC, American Farm Bureau, and the American Forest and Paper Association that the Sixth Circuit Court of Appeals reached an incorrect conclusion in this very important case. The U.S. Government, however, fails to fully appreciate the detrimental impact of this case on U.S. agriculture and over-estimates the ability of EPA to mitigate its impact. If allowed to stand, the NCC v. EPA decision will usher in a new era of permitting requirements for the application of crop inputs that will have significant repercussions among producers, states, and the general public."

 
Acreage Responses Needed

The NCC’s annual survey of ’10 planting intentions recently was distributed to upland and ELS cotton producers across the Cotton Belt. The survey, which is conducted each year to aid with industry planning and policy deliberations, provides the basis for the economic outlook presented to delegates during the NCC Annual Meeting in early February. Survey results initially will be presented to members of the American Cotton Producers on Feb. 5.

Producers are encouraged to respond by the Jan. 19 deadline. The current survey was distributed through a combination of regular mail and email with the intent of reaching all cotton farms across the Belt. Growers who did not receive a survey may contact the NCC via email at econsurvey@cotton.org for survey instructions.

 
NCC Chairman Sees Excellent Prospects

NCC Chairman Hardwick told attendees at the ’10 Beltwide Cotton Conferences in New Orleans that although the US cotton industry still faces many challenges, there are excellent prospects for achieving profitable cotton production and processing.

The NCC–coordinated forum attracted more than 2,200 participants.

The Louisiana producer said he was pleased at how the industry’s collective resources – through the NCC -- have been effectively applied to an array of priority issues this past year. Among those, he said, were farm bill implementation, trade, emergency disaster assistance and a number of pressing technical issues.

Regarding farm bill implementation, Hardwick said the farm bill’s final passage came after more than two years of hard work with generally pleasing results.

Hardwick detailed the changes included in the new farm law regarding payment limits and eligibility. He said the NCC was very disappointed that USDA’s rules included significant changes to the provisions determining a person “actively engaged in farming” and submitted extensive comments to these proposed rules. In response to these comments, USDA recently announced finalization of a Memorandum of Understanding with the IRS to establish an electronic information exchange process for verifying compliance with adjusted gross income eligibility provisions for farm program and conservation program benefits. He said the NCC will monitor this USDA-IRS process that will evaluate program participants’ compliance with the Adjusted Gross Income provisions.

Hardwick reported that USDA also announced a less restrictive interpretation of the labor and management provisions of the actively engaged requirements for some entities for 2010. Otherwise, he said the NCC believes the eligibility regulations for 2010 will be unchanged.

He also reiterated the industry’s appreciation of Congressional efforts led by Senators Lincoln (D-AR) and Chambliss (R-GA) to ensure that regulatory changes for ’10 would not further undermine producers’ abilities to fully participate in farm programs.

On the trade front, Hardwick said the NCC remains active on several issues including the WTO Brazil case. The NCC responded to the Arbitration Panel’s findings and met with the US Trade Representative’s Office to examine options, including USTR calling for a new panel if Brazil announces retaliation and that retaliation is excessive.

Regarding the WTO Doha negotiations, he said the NCC continues to: 1) support a comprehensive agreement that does not include any reductions in commodity programs without proportionate documented gains in market access, 2) emphasize that the proposal presented at the ’08 Geneva ministerial should not be the basis for future negotiations, and 3) offer appreciation for USTR Ambassador Ron Kirk’s stance in defense of the U.S. cotton program in the face of continued, but unwarranted, criticism.

Hardwick told attendees the NCC is urging Senate and House leaders to support bills in both chambers that would provide emergency disaster assistance. He said the NCC also has been very active on a number of regulatory issues from clean water and climate change to enhanced Commodity Futures Trade Commission enforcement authority.

Beyond the near-term challenges that our industry faces, he said the NCC has implemented a plan for effectively addressing several important long term goals. That includes good progress on the Cotton Foundation’s Vision 21 project, which provides a three-pronged approach for addressing the critical issues facing the U.S. cotton industry.

Dr. Gary Adams, the NCC’s vice president, Economics and Policy Analysis, told attendees that key points for ’10 include: 1) maintaining mill demand at current prices is critical as manmade fibers will continue to pose serious competition for US cotton; 2) it is becoming more apparent that cotton stocks will decline, offering support to cotton prices; 3) heightened attention will be given to the competition for acres in the United States and abroad – with the recent rise in prices having placed cotton in a more competitive position than anytime in the past three years.

In another Cotton Production Conference General Session report, NCC Conservation Task Force Chairman Jimmy Webb said that task force is developing a strategic plan to “fully educate our membership on the importance of existing conservations programs and how better to take advantage of them.”

The Georgia cotton producer, who noted that he recently enrolled in the initial sign-up for the new Conservation Stewardship Program, said he believed the program can benefit producers by rewarding them for accomplished conservation programs and by providing enticements for enhanced practices.

“There are numerous other programs that can benefit producers if they are implemented fairly and fully understood,” Webb said. “It is becoming increasingly clear to the National Cotton Council that conservation programs will have increased significance in the national farm policy debate.”

 
Annual Meeting Room Reservation Deadline Jan. 11

Jan. 11 is the deadline for making hotel reservations for the NCC’s ’10 Annual Meeting at the Peabody Hotel in Memphis, TN, on Feb. 4-8. Rooms may be reserved by calling 1-800-732-2639 (Press 2).

The meeting pre-registration deadline is Jan. 22. Meeting information, registration forms and hotel reservations are at http:// www.cotton.org/news/meetings/am/2010/index.cfm. Mary Saemenes, the NCC’s travel consultant at Travelennium, can be contacted at 888-232-1738 or msaemenes@travelennium.com for discountedair and car rental reservations.

The Feb. 8 general session will feature a report from NCC Chairman Jay Hardwick, along with a special video presentation summarizing NCC activities during 2009. Other important convention sessions will feature: 1) the Feb. 5 American Cotton Producers meeting, where the NCC’s planting intentions survey results will be announced and a report from Jim Miller, USDA Under Secretary of Agriculture for Farm and Foreign Agricultural Services; and 2) the February 6 joint program committees meeting with the NCC’s Economic Outlook and a report from Cotton Incorporated President J. Berrye Worsham. The National Cotton Ginners Association also will hold its annual meeting that afternoon.

The Saturday luncheon will feature Charlie Cook, the publisher of The Cook Political Report.

 
Sales Strong, Shipments Steady

Net export sales for the week ending Dec. 31 were 214,800 bales (480-lb). This brings total ’09-10 sales to about 6.5 million bales. Total sales at the same point in the ’08-09 marketing year were about 8.2 million bales. Total new crop (’10-11) sales are 175,900 bales.

Shipments for the week were 139,700 bales, bringing total exports to date to 3.6 million bales, compared with the 5.2 million bales at the comparable point in the ’08-09 marketing year.