South Agriculture Building, Washington 25, D. C., a certified statement of his unfilled export sales contracts for wheat as of the date of this subpart. A statement of the cancellation of any such contracts shall also be submitted to Commodity within 5 days after cancellation. Such statements shall show, with respect to such contracts and cancellations, the quantity of the wheat, the destination of the wheat, and the time within which delivery is required to be made by the exporter.

(b) Each exporter shall report by telegraphic day letter or straight telegram to Commodity at the South Agriculture Building, Washington 25, D. C., within 24 hours after the making thereof, each export sale contract for wheat made by him on or after the date of this subpart, and shall state in such wire the Regional Director to whom his acceptance has been or will be submitted, the quantity of wheat, destination country, and expected date of exportation. The exporter shall, within 5 days after such export sale contract is reported, confirm such wire by letter. Cancellations of any such contracts shall be reported and confirmed in like time and manner. Each exporter shall also report to Commodity at Washington 25, D. C., within 5 days after such exportation, all wheat which is exported after the date of this subpart but which is not sold or applied against export sale contracts made after such date.

(c) Proof of exportation, and any documents required in connection therewith, shall be submitted by the exporter to the Regional Director of Commodity to whom the acceptance was submitted.

§ 295.59 Exportation of wheat under contract prior to announcement. Each exporter who gives an acceptance hereunder shall be deemed thereby to agree that he will export, in addition to the quantity of wheat which he is otherwise required to export hereunder, a quantity of wheat equal to the quantity covered by his unfilled export sale contracts as of the date of this subpart. Each such acceptance shall constitute the exporter's certification that he has not canceled, or obtained the cancelation of, any unfilled export sale contract for wheat with the expectation or intent of thereafter selling to the same purchaser wheat with respect to which he has obtained or will obtain the benefits of this subpart.

§ 295.60 Bond. The exporter shall, prior to or at the time of giving his first acceptance hereunder, furnish to Commodity a bond, in such form as Commodity may prescribe, in an aggregate amount of at least $50,000. The surety on such bond must be a corporate surety approved by Commodity. Commodity may, by notice at any time, require that the amount of such bond be increased to an aggregate amount of not more than $250,000.

The

$ 295.61 Records and reports. exporter shall make available to Commodity, from time to time, as Commodity may request, such of exporter's and such of his affiliates' and subsidiaries' books, records, and accounts, and other documents and papers as Commodity may deem pertinent to any transaction hereunder. The exporter shall furnish to Commodity such information and reports as Commodity may from time to time request, subject to the approval of the Bureau of the Budget pursuant to the Federal Reports Act of 1942. The specific reporting requirements hereof have been approved by the Bureau of the Budget pursuant to the Federal Reports Act of 1942.

§ 295.62 Set-off. Commodity may set off against any amount owed by it to the exporter any amount owed by the exporter to it.

§ 295.63 Assignment. The exporter shall not, without the written consent of Commodity, assign any right hereunder of the exporter against Commodity.

§ 295.64 Inability to perform. Commodity shall not be responsible for any failure to deliver, or delay in delivery of, wheat due to any cause beyond its control.

(b) "Wheat" means wheat produced in the continental United States.

(c) "Bushel" means 60 pounds of wheat exclusive of dockage.

(d) "Regional Director" means the Regional Director of Commodity Credit Corporation (at Minneapolis, Kansas City, Chicago, or Portland, Oregon) who is responsible for handling the kind of wheat specified in the exporter's acceptance. The Regional Directors are responsible as stated below for handling the various kinds of wheat: Minneapolis Regional Director, all Class I Hard Red Spring, Class II Durum wheat and Class III Red Durum, except as otherwise provided for; Portland, Oregon, Regional Director, all wheat which is to be exported from ports of Washington, Oregon, and California; Kansas City Regional Director, all Class IV, Hard Red Winter Wheat, except as otherwise provided; Chicago Regional Director, all Class V, Soft Red Winter Wheat and other wheat not otherwise provided for. The addresses of the Regional Directors are as follows:

Regional Director, Commodity Credit Corporation, McKnight Building, Minneapolis 1, Minn.

Regional Director, Commodity Credit Corporation, Dwight Building, Kansas City 13, Mo.

Regional Director, Commodity Credit Corporation, 208 South La Salle Street, Chicago 4, Ill.

Regional Director, Commodity Credit Corporation, Artisans Building, Portland 5, Oreg.

(e) "Ceiling price" means the maximum price (not including any markups or service charges), as determined by Commodity, at which, under regulations of the Office of Price Administration, or its successor, wheat of the particular quality and location may be sold and delivered.

(f) "Port" means United States seaboard port or border point.

(g) "Business day" means any day other than Sunday, and other than December 25, January 1, February 22, July 4, Labor Day, and the fourth Thursday in November.

(h) "Eligible export sale" means an agreement to sell wheat for permanent physical removal from the continental United States to a country to which, at the time such agreement is made, exportation would satisfy the requirements hereof which is entered into during the time this subpart is in effect, which is

reported to Commodity pursuant to § 295.58 (b), and which is not canceled.

§ 295.67 Revocation, a m e ndment. This subpart may be revoked or amended by Commodity at any time by announcement to such effect or by filing notice of such revocation or amendment with the Division of Federal Register, but such revocation or amendment shall not affect any acceptance filed prior to the time such announcement is made or such notice of revocation or amendment is filed.

Subpart C-Wheat Flour Export

Program

SOURCE: $ 295.101 to 295.118, inclusive, contained in 1944, C.C.C. Wheat Flour Export Form 1, President, Commodity Credit Corporation, Nov. 13, 1944, 9 F.R. 13735.

§ 295.101 Export prices and export differentials for wheat exported as flour-(a) Export differentials. The amounts of the export differentials to be used for the purposes hereof shall be the amounts of the export differentials as defined in and established pursuant to § 295.51 issued on the date of this subpart, minus the amount of the Flour Production Payment in effect on the date of the exporter's acceptance under Regulation No. 4 of the Defense Supplies Corporation (32 CFR, Part 7004, infra) and any amendments thereto, and minus any amount payable by the War Food Administration under any other program with respect to the exportation of the flour, proof of exportation of which is furnished hereunder.

(b) Export prices. The prices at which Commodity will sell wheat for exportation in the form of flour shall be the export prices as defined in and established pursuant to § 295.51, plus the amount of the Flour Production Payment in effect on the date of the exporter's acceptance under Regulation No. 4 of the Defense Supplies Corporation (32 CFR, Part 7004, infra) and any amendments thereto, plus any amount payable by the War Food Administration under any other program with respect to the exportation of the flour proof of exportation of which is furnished hereunder.

(c) Section 295.51 reads as follows: Export prices and export differentials. Commodity will announce, beginning on November 15, 1944, at 3:00 o'clock p. m., e. w. t., on each business day except Saturday, and at 1:45 o'clock p. m., e. w. t., on Saturday, export differentials for specified ports to be

used for the purposes hereof. Differentials so announced shall remain in effect until 2:15 o'clock p. m., e. w. t., on the next business day, unless such next business day is Saturday, in which case such differentials shall remain in effect until 1:00 o'clock p. m., e. w. t. Export prices for wheat, which prices will be used for the purposes of this announcement, shall be determined by the appropriate Regional Director on the basis of the current market price, less the export differential.

§ 295.102 Acceptance by exporter. (a) Any exporter may, as herein provided, accept Commodity's offer to sell wheat for export in the form of flour at the export price, determined in accordance with § 295.101 (b), in effect at the time the acceptance is given. Each such acceptance shall be in substantially the following form, and shall be sent to the appropriate Regional Director of Commodity:

The undersigned exporter agrees to purchase from Commodity for export in the form of flour

wheat at

(class, grade and quality) per bushel in store at exported from

(port)

bushels of

to be This

Acceptances shall be given orally, by telephone, by telegraphic day letter, or by straight telegram, and all such acceptances shall be confirmed in duplicate by mail on the day the acceptance is given. Such confirmation shall be in substantially the form of the acceptance set out above in this paragraph, but shall also contain a statement in substantially the following form, stating the manner in which the acceptance confirmed thereby was given and the time that such acceptance was given: This confirms

(oral, telephonic or telegraphic)

acceptance given

(time and date) An acceptance by telegraph shall be deemed to have been given when filed with the telegraph company. The duplicate copy of the confirmation shall be returned to the exporter with the statement "Accepted by Commodity" and a statement of the action taken under paragraph (b) of this section.

(b) In case the exporter's acceptance is given orally or by telephone, Commodity shall notify the exporter immediately whether it will or will not sell to the exporter wheat from stocks owned by Commodity. In case the acceptance is made by telegraph, Commodity shall file within one hour of the time exporter's acceptance is received, a telegraphic notification to the exporter whether Commodity will or will not sell wheat from its stocks to the exporter. If Commodity has notified exporter that it will not sell the exporter wheat from its stocks, Commodity shall be deemed to have purchased wheat from the exporter's stocks and to have sold such wheat back to the exporter, as provided in § 295.104.

(c) No acceptance shall be valid to the extent that the quantity of wheat specified therein, plus the quantity specified in acceptances theretofore given hereunder, exceeds the quantity of wheat equivalent to the quantity of flour covered by the exporter's eligible export sales at the time such acceptance is given by more than 50,000 bushels or such other quantity as may be specified by Commodity: Provided, That no change in the quantity specified by Commodity shall affect the validity of an acceptance given before such change. Each acceptance given hereunder shall constitute the exporter's certification that the acceptance is fully valid under the foregoing sentence, but the validity of the acceptance shall be determined by Commodity.

(d) In the event Commodity deter'mines and announces that any class, grade, or quality of wheat will be needed for domestic use, no acceptance given thereafter which specifies such class, grade, or quality shall create any obligation on the part of Commodity hereunder. The exporter shall not, after any such announcement, use such class, grade, or quality of wheat in the manufacture of flour to be exported, unless otherwise authorized by Commodity.

§ 295.103 Payment for and delivery of wheat sold from Commodity's stocks(a) Wheat sold "in store." In the event wheat from Commodity's stocks is sold "in store", Commodity will, as promptly as possible and in any event within 15 days of the date the exporter's acceptance is received by Commodity, present to the exporter for acceptance and payment a sight draft for the purchase price

of the wheat, accompanied by warehouse receipts representing the wheat and properly endorsed so as to vest title in the exporter. Commodity shall have no responsibility for the failure of the warehouseman to deliver wheat as required by the warehouse receipts. Outcharges shall be paid by the exporter. All warehouse and other charges with respect to the wheat shall be for the account of the exporter from the fifth day after the date of the draft for the purchase price.

(b) Wheat sold f. o. b. carrier. In the event wheat from Commodity's stocks is sold f. o. b. carrier at the storage location, Commodity will, in accordance with the shipping instructions of the exporter, load and ship the wheat as promptly as possible and will present to the exporter for acceptance and payment a sight draft, accompanied by bills of lading covering the wheat, for the purchase price of the wheat (which shall include the outcharge), plus all charges which are for the account of, or payable by, the exporter. All warehouse and other charges which accrue on or after the eleventh day from the date of the exporter's acceptance and on or prior to the fifth day after the shipping date specified in the shipping instructions shall be for the account of the exporter. In the event such wheat is stored under the Uniform Grain Storage Agreement between the Secretary of Agriculture and grain warehouseman, warehouse charges shall be at the rates specified in such agreement regardless of whether the wheat is on free time. In the event the wheat is shipped later than the eleventh day after the date of the exporter's acceptance, the exporter shall pay to Commodity, in addition to the purchase price and in addition to all charges which are for the account of the exporter, and there shall be included in the amount of the draft, a charge equal to interest at the rate of 3 percent per annum on the purchase price computed from the eleventh day after the date of the exporter's acceptance to the fifth day after the shipping date specified in the shipping instructions. The official loading weights and grades, subject to Federal appeal, shall be conclusive. In the event the exporter does not take delivery of the wheat within 180 days from the date of the acceptance, or such extension thereof as Commodity may approve, he shall immediately pay to Commodity as liquídated damages, an amount equal to 15

625507-45-SUPP. VII-BK. 1— -20

cents per bushel of such wheat and upon the making of such payment, the agreement to buy such wheat shall be deemed to have been rescinded.

$ 295.104 Purchase and sale of wheat from exporter's stocks. In the event that Commodity notifies the exporter, as provided in § 295.102 (b), that it elects not to sell to the exporter wheat from stocks owned by Commodity, Commodity shall be deemed to have purchased from the exporter's stocks at the market price, as determined by Commodity, the wheat specified in the exporter's acceptance and, immediately after such purchase, to have sold such wheat back to the exporter at the export price for such wheat, determined in accordance with § 295.101 (b). Such market price and such export price shall be those in effect at the time the exporter's acceptance is given. Settlement for the difference between the purchase and sale prices (i. e., the amount of the export differential) shall be made upon the submission to and approval by Commodity of proof of exportation of flour equivalent in quantity to the wheat which Commodity is deemed to have purchased from and sold back to the exporter, together with such other documents as Commodity may require.

(a)

§ 295.105 Export requirement. Except as is otherwise provided in this section, the exporter must, except as otherwise approved by Commodity, within 180 days from the date of his acceptance, export from the port specified in the acceptance or from any other port to which, at the time of his acceptance, the same export differential was applicable a quantity of flour made from wheat produced in the continental United States equivalent to the quantity of wheat specified in such acceptance. The exporter shall, within 30 days after exporting flour pursuant to the requirements hereof, furnish to Commodity proof of such exportation.

(b) In the event the exporter does not furnish to Commodity, with respect to wheat sold to the exporter from Commodity's stocks, within 210 days from the date of his acceptance, proof of exportation within 180 days from the date of his acceptance of an equivalent quantity of flour, the purchase price of the wheat shall be the ceiling price of the wheat on the date of the exporter's acceptance or, if no ceiling price was then in effect, the parity price (adjusted for grade and 10cation, and season), as determined by

Page 287

Commodity, or the market price, as determined by Commodity, whichever is higher, and the exporter shall thereupon pay to Commodity the difference between the amount theretofore paid by him for the wheat (i. e., the export price) and such ceiling, parity, or market price.

(c) In the event the exporter does not furnish to Commodity, with respect to wheat deemed to have been purchased by Commodity from the exporter's stocks and sold back to the exporter, as provided in § 295.104, within 210 days from the date of his acceptance, proof of exportation within 180 days from the date of his acceptance of an equivalent quantity of flour, the exporter shall immediately pay to Commodity as liquidated damages 15 cents per bushel of such wheat.

(d) Notwithstanding the foregoing provisions of this paragraph, if Commodity determines that the exporter was prevented from exporting flour by act of God, act of Government, strikes, or other cause beyond the exporter's control, and Commodity does not grant an extension of time within which exportation may be made, the exporter may, in lieu of exporting flour as required by paragraph (a) or of making payment to Commodity as provided by paragraph (b) or (c), subject to the approval of Commodity: (1) sell to Commodity, at the lowest export price at which he has purchased or agreed to purchase wheat hereunder from Commodity, basis the same port, wheat produced in the continental United States equivalent in quantity and quality to that specified in the acceptance; or (2) export from another port a quantity of flour made from wheat produced in the continental United States equivalent to the quantity of wheat specified in the acceptance and furnish proof of such exportation. Upon the exportation of flour from another port and proof of such exportation, as provided in subparagraph (2) of this paragraph, an adjustment in the purchase price of the wheat to the exporter shall be made, based upon the difference between the export differential applicable to the wheat at the time the acceptance was given at the port specified therein and the export differential applicable to the wheat at the same time at the port from which exportation was made, and payment shall be made accordingly by the exporter to Commodity or by Commodity to the exporter.

(e) Proof of exportation of flour at any port shall be applied against the exporter's acceptance hereunder which specifies such port or any other port to which the same export differential applies and which is identified with the export sale contract pursuant to which such exportation was made. Acceptances shall be identified with such export sale contracts on the basis of the firstin first-out rule; i. e., the first acceptance given shall be identified with the sale first reported pursuant to § 295.108 (b).

§ 295.106 Proof of exportation. Proof of exportation shall consist of: (a) in the case of flour exported by water, a copy, certified by the exporter as true and correct of either (1) an on-board ship bill of lading or (2) an export bill of lading, either of which must show the net weight of the flour, the date and place of loading, name of vessel, and name and address of the exporter and the consignee, together with the water carrier's certification that the wheat described therein was actually loaded on vessel; (b) in the case of flour exported by rail, an authenticated landing certificate issued by an official of the country to which the flour was exported or an authenticated certificate issued by the United States Collector of Customs at a border point showing the net weight of the flour, and name and address of the exporter and of the consignee. In addition to the foregoing, the exporter shall furnish such additional proof of exportation as may be required by Commodity.

§ 295.107 Countries to which exportation may be made. Except as may be otherwise announced by Commodity, the exportation requirements hereof will be satisfied by proof of exportation to any foreign country or to the Philippine Islands. The exporter, however, will satisfy such exportation requirement by proof of exportation to any country or area exportation to which would have, at the time of his acceptance, satisfied such exportation requirement. Notwithstanding the foregoing provisions of this section, however, in the event that any allocation or export quota for any country established by, or pursuant to determinations of, the Combined Food Board, the International Wheat Council or other international organization in which the Government of the United States is represented, has been exhausted, proof of exportation to such country will not be accepted hereunder until a