United States Code

of the Philippines shall be reduced to a per centum equal to that which the Philippine quota under subsection (b) of section 1112 of this title bears to the sum of such Philippine quota and the quotas then in effect for all foreign countries pursuant to subsection (c) of section 1112 of this title. If the Secretary determines the Republic of the Philippines will be unable to fill its share of any deficit determined for any country listed in section 1112(c) (3) (B) of this title he shall allocate such unfilled amount to the countries so listed on the basis of the quotas then in effect for such countries. If the Secretary determines that neither the Republic of the Philippines nor the countries listed in section 1112(c) (3) (B) of this title can fill all of any such deficit, he shall apportion such unfilled amount on such basis and to such foreign countries as he determines is required to fill such deficit. If the Secretary determines that the Republic of the Philippines will be unable to market its quota, he shall allocate an amount of sugar equal to the deficit to the countries listed in section 1112(c)(3) of this title on the basis of the quotas then in effect for such countries. Deficits shall not be allocated to any country whose quota has been suspended or withheld pursuant to subsection (d) (1) of section 1112 of this title. The Secretary shall insofar as practicable determine and allocate deficits so as to assure the availability of the sugar for importation during the calendar year. In any event, any deficit, so far as then known, shall be determined and allocated by August 1 of the calendar year. In making allocations for foreign countries within the Western Hemisphere under this subsection, special consideration shall be given to those countries purchasing United States agricultural commodities. Notwithstanding the foregoing provisions of this subsection, if the President determines that such action would be in the national interest, any part of a deficit which would otherwise be allocated to countries listed in section 1112(c) of this title may be allocated to one or more of such countries with a quota in effect on such basis as the President finds appropriate.

(b) The quota established for any domestic area or any foreign country under section 1112 of this title shall not be reduced by reason of any determination of a deficit existing in any calendar year under subsection (a) of this section: Provided, That the quota for any foreign country shall be reduced to the extent that it has notified the Secretary that it cannot fill its quota and the Secretary has found under section 1112(d) (4) of this title that such failure was due to crop disaster or other force majeure. (Aug. 8, 1947, ch. 519, title II, § 204, 61 Stat. 925; Sept. 1, 1951, ch. 379, § 2, 65 Stat. 319; May 29, 1956, ch. 342, § 9, 70 Stat. 219; July 13, 1962, Pub. L. 87535, 4, 76 Stat. 160; July 19, 1962, Pub. L. 87-539, § 2(c), 76 Stat. 169; Nov. 8, 1965, Pub. L. 89-331, § 4, 79 Stat. 1275.)

AMENDMENTS

1965 Subsec. (a). Pub. L. 89-331 amended the section generally and provided that deficits determined by the Secretary in domestic areas and foreign quotas be divided between the Philippines and Western Hemisphere countries with 47.22 percent going to the Philippines and the remainder allocated in quota ratio to Western Hemisphere countries, authorized allocation in the national interest

however of any part of the Western Hemisphere share of a deficit to any one or more Western Hemisphere countries, reduced the share for the Philippines if Cuba's quota is restored, and required that known deficits be allocated by August 1 of each year.

Subsec. (b). Pub. L. 89-331 added the proviso calling for reduction of quota to the extent that the foreign country involved has notified the Secretary of its inability to fill its quota and the Secretary has found that the failure was due to crop failure or force majeure.

1962 Subsec. (a). Pub. L. 87-539 substituted provision for revision of quota for the Philippines by prorating to it an amount of sugar which bears the same ration to the deficit as the quota for the Philippines determined under section 1112(b) of this title then in effect bears to the sum of such quota for the Philippines and of the prorations to foreign countries named in section 1112(c) (3) (A) of this title and then in effect and for allocation of an amount of sugar equal to the remainder of the deficit to Western Hemisphere countries for former provision for revision of the quota for the Philippines and the prorations for foreign countries named in section 1112 (c) (3) (A) of this title by prorating an amount of sugar equal to the deficit so determined to such countries without a deficit on the basis of the quota for the Philippines and the prorations for such countries then in effect and provided for allocation of unfilled amounts to Western Hemisphere countries where the Philippines are unable to fill its share of any deficit.

Pub. L. 87-535 provided that a deficit in the quota or proration of any domestic area or foreign country would be prorated in accordance with its basic quota or proration, to quota countries with which the United States maintained diplomatic relations and which were able to fill such deficit, and if they were unable to fill such deficit, the remainder would be apportioned by the Secretary to nonquota countries with which the United States maintained diplomatic relations.

Subsec. (b). Pub. L. 87-535 redesignated former subsec. (c) as (b), and substituted "The quota established for any domestic area or the Republic of the Philippines under section 1112 of this title" and "under subsection (a) of this section" for "The quota or applicable proration for any domestic area, the Republic of the Philippines, Cuba, or other foreign countries as established under the provisions of section 1112 of this title" and "under the provisions of subsections (a) and (b) of this section", respectively. Former subsec. (b) related to the apportionment of the unfilled amount of the proration to a country of the quota for foreign countries other than Cuba and the Republic of the Philippines on such basis and to such countries as the Secretary determined was required to fill the proration and is incorporated in subsec. (a) of this section.

Subsec. (c). Pub. L. 87-535 redesignated former subsec. (c) as (b).

1956 Subsec. (a). Act May 29, 1956, added proviso clause requiring prorating of any deficit in any sugarproducing area to other domestic areas on the basis of quotas then in effect, and provisions directing the Secretary, in the event a domestic area is unable to fill its proration of any deficit, to first apportion such unfilled amount to other domestic areas which are able to fill the deficit, and if no domestic area can fill the deficit, to add such unfilled amount to the quota for Cuba.

1951-Act Sept. 1, 1951, amended section generally to change the proration of deficits and to provide a simplified procedure for utilizing deficits if areas to which they are initially assigned are unable to supply the sugar.

EFFECTIVE DATE OF 1965 AMENDMENT Amendment of section by Pub. L. 89-331 effective Jan. 1, 1966, see section 14 of Pub. L. 89-331, set out as a note under section 1111 of this title.

EFFECTIVE DATE OF 1962 AMENDMENTS Amendment of section by Pub. L. 87-539 effective as if enacted as a part of Pub. L. 87-535, see section 2(f) of Pub. L. 87-539, set out as a note under section 1112 of this title. See, also, note for Pub. L. 87-535 hereunder.

Amendment of section by Pub. L. 87-535 effective Jan. 1, 1962, see section 19 (a) of Pub. L. 87-535, set out as a note under section 1111 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT Amendment of this section by act May 29, 1956, effective Jan. 1, 1956, see section 22 of act May 29, 1956, set out as a note under section 1101 of this title.

EFFECTIVE DATE OF 1951 AMENDMENT Amendment of section by Act Sept. 1, 1951, effective for purposes of the determinations and regulations required for the calendar year 1953, see note set out under section 1112 of this title.

PRIOR LAW

Former section, act Sept. 1, 1937, ch. 898, title II, § 204, 50 Stat. 905, expired on Dec. 31, 1947. Similar provisions are now contained in this section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1112, 1117, 1158 of this title.

§1115. Allotments of quotas or prorations. (a) Authorization; method; modification.

Whenever the Secretary finds that the allotment of any quota, or proration thereof, established for any area pursuant to the provisions of this chapter, is necessary to assure an orderly and adequate flow of sugar or liquid sugar in the channels of interstate or foreign commerce, or to prevent disorderly marketing or importation of sugar or liquid sugar, or to maintain a continuous and stable supply of sugar or liquid sugar, or to afford all interested persons an equitable opportunity to market sugar or liquid sugar within any area's quota, after such hearing and upon such notice as he may by regulations prescribe, he shall make allotments of such quota or proration thereof by allotting to persons who market or import sugar or liquid sugar, for such periods as he may designate, the quantities of sugar or liquid sugar which each such person may market in continental United States, Hawaii, or Puerto Rico, or may import or bring into continental United States, for consumption therein. Allotments shall be made in such manner and in such amounts as to provide a fair, efficient, and equitable distribution of such quota or proration thereof, by taking into consideration the processings of sugar or liquid sugar from sugar beets or sugarcane, limited in any year when proportionate shares were in effect to processings to which proportionate shares, determined pursuant to the provisions of subsection (b) of section 1132 of this title, pertained; the past marketings or importations of each such person; and the ability of such person to market or import that portion of such quota or proration thereof allotted to him. The Secretary is also authorized in making such allotments, whenever there is involved any allotment that pertains to a new sugarbeet processing plant or factory serving a locality having a substantial sugarbeet acreage for the first time or that pertains to an existing sugarbeet processing plant or factory with substantially expanded facilities added to serve farms having a substantial sugarbeet acreage for the first time, to take into consideration in lieu of or in addition to the foregoing factors of processing, past marketings, and ability to market, the need of establishing an allotment which will permit such marketing of sugar as is necessary for reasonably efficient

operation of any such new processing plant or factory or expanded facilities during each of the first two years of its operation. The Secretary is also authorized in making such allotments of a quota for any calendar year to take into consideration, in lieu of or in addition to the foregoing factors of processing, past marketings, and ability to market, the need for establishing an allotment which will permit such marketing of sugar as is necessary for the reasonably efficient operation of any nonaffiliated single plant processor of sugarbeets or any processor of sugarcane and as may be necessary to avoid unreasonable carryover of sugar in relation to other processors in the area: Provided, That the marketing allotment of any such processor of sugarbeets shall not be increased under this provision above an allotment of twenty-five thousand short tons, raw value, and the marketing allotment of a processor of sugarcane shall not be increased under this provision above an allotment equal to the effective inventory of sugar of such processor on January 1 of the calendar year for which such allotment is made, except that the marketing allotment for 1965 of any processor of sugarcane, other than a processor-refiner, may, in the discretion of the Secretary, be increased by an additional six thousand two hundred short tons of sugar, raw value: Provided further, That the total increases in marketing allotments made pursuant to this sentence to processors in the domestic beet sugar area shall be limited to twenty-five thousand short tons of sugar, raw value, for each calendar year and to processors in the mainland cane sugar area shall be limited to sixteen thousand short tons of sugar, raw value, for each calendar year. In making such allotments, the Secretary may also take into consideration and make due allowance for the adverse effect of drought, storm, flood, freeze disease, insects, or other similar abnormal and uncontrollable conditions seriously and broadly affecting any general area served by the factory or factories of such person. The Secretary may also, upon such hearing and notice as he may by regulations prescribe, revise or amend any such allotment upon the same basis as the initial allotment was made. If allotments are in effect at the time of a reduction in a domestic area quota for any year, the amount marketed by a person in excess of the amount of his allotment as reduced in conformity with the reduction in the quota shall not be taken into consideration in establishing an allotment in the next succeeding year for such person, and any allotment established for such person for the next succeeding year shall be reduced by such excess amount.

(b) Appeal to courts; grounds.

An appeal may be taken, in the manner hereinafter provided from any decision making such allotments, or revisions thereof, to the United States Court of Appeals for the District of Columbia in any of the following cases:

(1) By any applicant for an allotment whose application shall have been denied.

(2) By any person aggrieved by reason of any decision of the Secretary granting or revising any allotment made to him.

Such appeal shall be taken by filing with said court, within twenty days after the decision complained of is effective, notice in writing of said appeal and a statement of the reasons therefor, together with proof of service of a true copy of said notice and statement upon the Secretary. Unless a later date is specified by the Secretary as part of his decision, the decision complained of shall be considered to be effective as of the date on which public announcement of the decision is made at the office of the Secretary in the city of Washington. The Secretary shall thereupon, and in any event not later than ten days from the date of such service upon him, mail or otherwise deliver a copy of said notice of appeal to each person shown by the records of the Secretary to be interested in such appeal and to have a right to intervene therein under the provisions of this section, and shall at all times thereafter permit any such person to inspect and make copies of appellants' reasons for said appeal at the office of the Secretary in the city of Washington. Within thirty days after the filing of said appeal the Secretary shall file with the court the record upon which the decision complained of was entered, as provided in section 2112 of Title 28, and a list of all interested persons to whom he has mailed or otherwise delivered a copy of said notice of appeal.

(d) Same; intervention.

Within thirty days after the filing of said appeal any interested person may intervene and participate in the proceedings had upon said appeal by filing with the court a notice of intention to intervene and a verified statement showing the nature of the interest of such party together with proof of service of true copies of said notice and statement, both upon the appellant and upon the Secretary. Any person who would be aggrieved or whose interests would be adversely affected by reversal or modification of the decision of the Secretary complained of shall be considered an interested party.

(e) Same; hearing; review.

At the earliest convenient time the court shall hear and determine the appeal upon the record before it, and shall have power, upon such record, to enter a judgment affirming or reversing the decision, and if it enters an order reversing the decision of the Secretary it shall remand the case to the Secretary to carry out the judgment of the court: Provided, however, That the review by the court shall be limited to questions of law and that findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive unless it shall clearly appear that the findings of the Secretary are arbitrary or capricious. The court's judgment shall be final, subject, however, to review by the Supreme Court of the United States, upon writ of certiorari on petition therefor, under section 347 of Title 28, by appellant, by the Secretary, or by any interested party intervening in the appeal.

(f) Same; costs.

The court may, in its discretion, enter judgment for costs in favor of or against an appellant, and

other interested parties intervening in said appeal, but not against the Secretary, depending upon the nature of the issues involved in such appeal and the outcome thereof. (Aug. 8, 1947, ch. 519, title II, § 205, 61 Stat. 926; May 29, 1956, ch. 342, § 10, 70 Stat. 219; Aug. 28, 1958, Pub. L. 85-791, § 28, 72 Stat. 950; July 6, 1960, Pub. L. 86-592, § 4, 74 Stat. 331; July 13, 1962, Pub. L. 87-535, § 5, 76 Stat. 160; Nov. 8, 1965, Pub. L. 89-331, § 5, 79 Stat. 1276.) REFERENCES IN TEXT

Section 347 of Title 28, referred to in subsection (e), was repealed by act June 25, 1948, ch. 646, § 39, 62 Stat. 992, and is now covered by section 1254 of Title 28, Judiciary and Judicial Procedure.

AMENDMENTS

1965 Subsec. (a). Pub. L. 89-331 inserted sentence and proviso authorizing the Secretary to give special consideration to the needs of nonaffiliated single-plant processors of sugarbeets and provided that if allotments of a domestic area's quota are in effect at the time of a reduction in the quota, amounts marketed in excess of the reduced allotment are disregarded in determining that person's allotment for the next year, and that the allotment for such person for the next year be reduced by the amount of such excess marketing.

1962-Subsec. (a). Pub. L. 87-535 inserted in the second sentence ", limited in any year when proportionate shares were in effect to processings" following "sugarbeets or sugarcane" and inserted following the second sentence the provision authorizing the Secretary to consider the need of establishing an allotment which will permit such marketing of sugar as is necessary for operation of any new processing plant or factory serving a locality having a substantial sugarbeet acreage for the first time or such plant or factory with expanded facilities.

1960-Subsec. (a). Pub. L. 86-592 deleted "the Territory of" preceding "Hawaii”.

1958 Subsec. (c). Pub. L. 85-791 substituted "record upon which the decision complained of was entered, as provided in section 2112 of Title 28" for "originals or certified copies of all papers and evidence presented to him upon the hearing involved, a like copy of his decision thereon, a full statement in writing of the facts and grounds for his decisions as found and given by him". 1956 Subsec. (a). Act May 29, 1956, permitted the Secretary in making allotments to take into consideration and make due allowance for the adverse effect of drought, storm, flood, freeze, disease, insects, or other similar abnormal and uncontrollable conditions affecting any general area.

EFFECTIVE DATE OF 1965 AMENDMENT Amendment of section by Pub. L. 89-331 effective Jan. 1, 1965, see section 14 of Pub. L. 89-331, set out as a note under section 1111 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-535 effective Jan. 1, 1962, see section 19 (a) of Pub. L. 87-535, set out as a note under section 1111 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT Amendment of this section by act May 29, 1956, effective January 1, 1956, see section 22 of act May 29, 1956, set out as a note under section 1101 of this title.

PRIOR LAW

Former section, act Sept. 1, 1937, ch. 898, title II, § 205, 50 Stat. 906, expired on Dec. 31, 1947. Similar provisions are now contained in this section.

CROSS REFERENCES

Delegation of Secretary of Agriculture's regulatory functions, see section 450c of this title.

Quotas for tobacco, corn, wheat, cotton, and rice, see section 1311 et seq. of this title.

§ 1116. Sugar-containing products and mixtures. (a) Authority of Secretary to reduce importation; determination that importation substantially interferes with objects of chapter.

If the Secretary determines that the prospective importation or bringing into the continental United States, Hawaii, or Puerto Rico of any sugar-containing product or mixture will substantially interfere with the attainment of the objectives of this chapter he may limit the quantity of such product or mixture to be imported or brought in from any country or area to a quantity which he determines will not so interfere: Provided, That the quantity to be imported or brought in from any country or area in any calendar year shall not be reduced below the average of the quantities of such product or mixture annually imported or brought in during the most recent three consecutive years for which reliable data of the importation or bringing in of such product or mixture are available.

(b) Reduction maximum in absence of reliable data. In the event the Secretary determines that the prospective importation or bringing into the continental United States, Hawaii, or Puerto Rico, of any sugar-containing product or mixture will substantially interfere with the attainment of the objectives of this chapter and there are no reliable data available for such importation or bringing in of such product or mixture for three consecutive years, he may limit the quantity of such product to be imported or brought in annually from any country or area to a quantity which the Secretary determines will not substantially interfere with the attainment of the objectives of this chapter, provided that such quantity from any one country or area shall not be less than a quantity containing one hundred short tons, raw value of sugar or liquid sugar.

In determining whether the actual or prospective importation or bringing into the continental United States, Hawaii, or Puerto Rico of a quantity of a sugar-containing product or mixture will or will not substantially interfere with the attainment of the objectives of this chapter, the Secretary shall take into consideration the total sugar content of the product or mixture in relation to other ingredients or to the sugar content of other products or mixtures for similar use, the costs of the mixture in relation to the costs of its ingredients for use in the continental United States, Hawaii, or Puerto Rico, the present or prospective volume of importations relative to past importations, the type of packaging, whether it will be marketed to the ultimate consumer in the identical form in which it is imported or the extent to which it is to be further subjected to processing or mixing with similar or other ingredients, and other pertinent information which will assist him in making such determination. In making determinations pursuant to this section, the Secretary shall conform to the rulemaking requirements of section 1003 of Title 5. (Aug. 8, 1947, ch.

519, title II, § 206, 61 Stat. 927; July 13, 1962, Pub. L. 87-535, § 6, 76 Stat. 161; Nov. 8, 1965, Pub. L. 89-331, § 6, 79 Stat. 1277.)

REFERENCES IN TEXT

Section 1003 of Title 5, referred to in subsection (c), was repealed in the general revision of Title 5, and is now covered by section 553 of Title 5, Government Organization and Employees.

AMENDMENTS

1965-Pub. L. 89-331 limited the authority of the Secretary to reduce the quantity of sugar-containing products imported by requiring a determination that importation would substantially interfere with the attainment of the objectives of this chapter, limited the size of the reduction in the event of a lack of reliable data by requiring that, in such cases, at least 100 short tons of sugar or liquid sugar be allowed to be imported, and set out the factors to be considered in making a determination that the actual or prospective importation of sugar-containing products or mixtures will interfere with the attainment of the objectives of this chapter. 1962-Pub. L. 87-535 substituted the provisions relating to application of quota and other provisions of this chapter to sugar-containing products or mixtures, dependent upon Secretary's consideration of certain pertinent information in making, in accordance with rulemaking procedures, determinations respecting substantial interference with objectives of this chapter, for former provisions requiring sugar quotas to be established for the calendar year 1948 within ten days after Jan. 1, 1948, subject to the provisions of sections 1117 and 1118 of this title relating to suspension of quotas.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment of section by Pub. L. 89-331 effective Jan. 1, 1965, see section 14 of Pub. L. 89-331, set out as a note under section 1111 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-535 effective on date stated in regulations implementing this section and published in the Federal Register or sixty days after July 13, 1962, whichever is earlier, see section 19(b) of Pub. L. 87-535, set out as a note under section 1111 of this title.

PRIOR LAW

Former section, act Sept. 1, 1937, ch. 898, title II, § 206, 50 Stat. 907, expired on Dec. 31, 1947.

§ 1117. Amount of quota to be filled by direct-consumption sugar.

(a) Hawaii.

The quota for Hawaii established under section 1112 of this title for any calendar year may be filled by direct-consumption sugar not to exceed an amount equal to 0.342 per centum of the Secretary's determination for such year issued pursuant to section 1111 of this title.

(b) Puerto Rico.

The quota for Puerto Rico established under section 1112 of this title for any calendar year may be filled by direct-consumption sugar not to exceed an amount equal to 1.5 per centum of the Secretary's determination for such year issued pursuant to section 1111 of this title: Provided, That one hundred and twenty-six thousand and thirty-three short tons, raw value, of such direct-consumption sugar shall be principally of crystalline structure. (c) Virgin Islands.

None of the quota for the Virgin Islands for any calendar year may be filled by direct-consumption sugar.

(d) Philippine Islands.

Not more than fifty-nine thousand nine hundred and twenty short tons, raw value, of the quota for the Republic of the Philippines may be filled by direct-consumption sugar.

(e) Ireland; Panama; allocations and prorations.

None of the quota established for any foreign country other than the Republic of the Philippines and none of the deficit prorations and apportionments for any foreign country established under or in accordance with section 1114(a) of this title may be filled by direct-consumption sugar: Provided, That the quotas for Ireland, and Panama may be filled by direct-consumption sugar to the extent of five thousand three hundred and fifty-one short tons, raw value, for Ireland and three thousand eight hundred and seventeen short tons, raw value, for Panama. (f) Hawaiian and Puerto Rican local consumption.

This section shall not apply with respect to the quotas established under section 1113 of this title for marketing for local consumption in Hawaii and Puerto Rico.

(g) Suspension.

The direct-consumption portions of the quotas established pursuant to this section, and the enforcement provisions of this subchapter applicable thereto, shall continue in effect and shall not be subject to suspension pursuant to the provisions of section 1158 of this title unless the President acting thereunder specifically finds and proclaims that a national economic or other emergency exists with respect to sugar or liquid sugar which requires the suspension of direct-consumption portions of the quotas. (Aug. 8, 1947, ch. 519, title II, § 207, 61 Stat. 927; Sept. 1, 1951, ch. 379, § 3, 65 Stat. 319; May 29, 1956, ch. 342, §§ 11, 12, 70 Stat. 219, 220; July 13, 1962, Pub. L. 87-535, § 7, 76 Stat. 161; July 19, 1962, Pub. L. 87-539, § 2(d), 76 Stat. 170; Nov. 8, 1965, Pub. L. 89-331, § 7, 79 Stat. 1277.)

AMENDMENTS

1965 Subsec. (d). Pub. L. 89-331 restated the existing limitation upon direct-consumption sugar from the Philippines in terms of short tons, raw value.

Subsec. (e). Pub. L. 89-331 substituted provisions that none of the quota for any country other than the Philippines may be filled by direct-consumption sugar with the exception of the quotas for Ireland and Panama, in the respective amounts of 5,351 short tons and 3,817 short tons, for provisions prohibiting this filling of prorations and apportionments for Cuba with direct-consumption sugar, allowing filling of proration or allocations for each foreign country receiving a proration or allocation of 20,000 short tons, raw value, or less, with direct-consumption sugar to the extent of the average amount of directconsumption sugar entered by such country during 19571959, and otherwise prohibiting the filling of allocations or prorations with direct-consumption sugar.

1962-Subsec. (a). Pub. L. 87-535 substituted provisions limiting the quota which may be filled by directconsumption sugar for any calendar year for Hawaii to an amount not to exceed 0.342 per centum of the Secretary's determination for such year for former provisions limiting the quota to not more than twenty-nine thousand six hundred and sixteen short tons, raw value, plus an amount equal to the same percentage of such tonnage that the increase in the quota under section 1112 of this title is of one million fifty-two thousand short tons, raw value.

Subsec, (b). Pub. L. 87-535 substituted provisions limiting the quota which may be filled by direct-con

sumption sugar for any calendar year for Puerto Rico to an amount not to exceed 1.5 per centum of the Secretary's determination for such year and requiring one hundred and twenty-six thousand and thirty-three short tons, raw value of such direct-consumption sugar to be principally of crystalline structure for former provisions limiting the quota to not more than one hundred and twenty-six thousand and thirty-three short tons, raw value, which shall be principally of crystalline structure, plus an amount equal to the same percentage of such tonnage that the increase in the quota under section 1112 of this title is of one million eighty thousand short tons, raw value, whether or not principally of crystalline structure.

Subsec. (d). Pub. L. 87-535 substituted "as provided under section 201 of the Philippine Trade Agreement Revision Act of 1955" for "as specified in section 1261 of Title 22."

Subsec. (e). Pub. L. 87-539 added "The provisions of this paragraph shall not apply to any allocation made to a foreign country under section 1112(c)(3)(C) of this title" to par. (2).

Pub. L. 87-535 substituted prohibition of par. (1) against filling by direct-consumption sugar of any proration for Cuba for any calendar year and any deficit proration and apportionment for Cuba for former provisions limiting the quota which may be filled by directconsumption sugar for any calendar year for Cuba to an amount not more than three hundred and seventy-five thousand short tons, raw value, and added par. (2).

Subsec. (h). Pub. L. 87-535 eliminated subsec. (h) which had limited the quota which might be filled by direct-consumption sugar for foreign countries other than Cuba and the Republic of the Philippines for calendar year 1956 to the extent of 1.36 per centum of the amount determined pursuant to section 1111 of this title, less the sums of quotas established in section 1112(a) and (b) of this title, with provision for a minimum amount not less than the average amount entered by the country during the years 1948, 1949, and 1950; prescribed the same formula for calendar year 1957 and each subsequent year, but excepted such limitation for a country receiving prorations of seven thousand short tons or less; and provided for the proration to countries which received prorations of more than seven thousand short tons on basis of average imports within quota for years 1951, 1952, 1953, and 1954.

1956-Subsec. (a). Act May 29, 1956, § 11(a), increased the amount of quota by an amount equal to the same percentage of 29,616 short tons that the increase in the quota for Hawaii under section 1112 of this title is of 1,052,000 short tons.

Subsec. (b). Act May 1956, § 11(b), restricted the quota of 126,033 short tons to direct-consumption sugar principally of crystalline structure, and authorized an increase in the quota in an amount equal to the same percentage of 126,033 short tons that the increase in the quota for Puerto Rico under section 1112 of this title is of 1,080,000 short tons.

Subsec. (h). Act May 29, 1956, § 12, designated existing provisions thereof as par. (1), limited such provisions to the calendar year 1956, and added par. (2). 1951-Subsec. (h). Act Sept. 1, 1951, added subsec.

(h).

EFFECTIVE DATE OF 1965 AMENDMENT Amendment of section by Pub. L. 89-331 effective Jan. 1, 1965, see section 14 of Pub. L. 89-331, set out as a note under section 1111 of this title.

Amendment of section by Pub. L. 87-535 effective Jan. 1, 1962, see section 19 (a) of Pub. L. 87-535, set out as a note under section 1111 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT Amendment of this section by act May 29, 1956, effective Jan. 1, 1956, see section 22 of act May 29, 1956, set out as a note under section 1101 of this title.

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