(f) The exporter must have submitted against such export sale Purchase Requests covering such cotton or Purchase Orders covering an equal quantity of cotton within the same time limits as those specified in § 295.2 (b) for submission of purchase orders. Purchase Requests shall be submitted to the New Orleans Regional Office of the Corporation and shall be in the form prescribed by the Corporation. Purchase requests may be sent by mail or telegraph, but all Purchase Requests sent by telegraph shall be confirmed by mail on the same day in the prescribed form. [Paragraph (f) amended by Supp. Announcement 6, July 26, 1945, 10 F.R. 9311]

CODIFICATION: In § 295.7 (c), the date "January 1, 1946" was changed to "January 1, 1947", by Supp. Announcement 6, Vice President, Commodity Credit Corporation, July 26, 1945, 10 F.R. 9311.

§ 295.8 Registration of sales and other required documents.

CODIFICATION: In § 295.8 (b) (2), the date "December 31, 1945" was changed to "December 31, 1946", by Supp. Announcement 6, Vice President, Commodity Credit Corporation, July 26, 1945, 10 F.R. 9311.

§ 295.11 Liquidated damages.

(c) Notwithstanding the provisions of paragraph (a) of this section, if an exporter is unable, because of the destruction of cotton shipped to Mexico or Canada by rail in fulfillment of an export sale, to furnish satisfactory proof of exportation of such cotton, and if title to the cotton was in the foreign purchaser at the time it was destroyed:

(1) If the Corporation has sold the exporter cotton against such export sale, the exporter may pay to the Corporation an amount equal to the export differential used in computing the price at which such cotton was sold by the Corporation for each pound of cotton so destroyed (but not to exceed the quantity of cotton purchased from the Corporation

against such export sale), in lieu of paying the amount provided in paragraph (a) of this section for each pound of cotton so destroyed; and

(2) If the Corporation has not sold him cotton against such export sale, the exporter shall not be liable to the Corporation for the amount provided in paragraph (a) of this section for each pound of cotton so destroyed, and the exporter shall have no rights hereunder with respect to the cotton so destroyed. In any such case, the New Orleans Regional Office of Commodity Credit Corporation must be notified of the destruction of the cotton and the number of the registered sale, and the exporter shall furnish such proof of destruction as the Corporation may require. [Paragraph (c) added by Supp. Announcement 4, Apr. 26, 1945, 10 F.R. 4647]

CODIFICATION: In § 295.11 (a), the date "January 1, 1946" was changed to "January 1, 1947" by Supp. Announcement 6, Vice President, Commodity Credit Corporation, July 26, 1945, 10 F.R. 9311.

§ 295.25 Freight bills. The exporter shall either pay to Commodity Credit Corporation the refund value of freight bills held by the Corporation to the extent of the bales delivered to the exporter which were shipped by rail to the warehouses where stored at the time of delivery, based on reshipment of such bales to Greenville, South Carolina, as representative of Carolina Group B, or furnish the Corporation with outbound bills of lading, properly endorsed and covering the identical cotton sold or its equivalent in transit value, to ultimate destination routed via the line designated by the Corporation. Said bills of lading must be furnished the Corporation within six months after delivery of the warehouse receipts to the exporter, otherwise the exporter shall honor a 3-day Sight Draft with freight bills attached for the amount specified above.

If the cotton is stored at a port when sold to the exporter, the foregoing provisions of this section shall not be applicable where the exporter furnishes the Corporation a copy of on board ocean bill of lading evidencing exportation of the cotton from the same port. [Supp, Announcement 3, Jan. 2, 1945, 10 F.R. 149]

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§ 295.25 Freight bills. The exporter shall, within six months after delivery to the exporter of warehouse receipts representing cotton purchased from Commodity Credit Corporation's stocks, either:

(a) Purchase the freight bills held by the Corporation covering the bales of such cotton which were shipped by rail to the warehouses issuing the warehouse receipts, at their refund value based on reshipment of such bales to Greenville, South Carolina, as representative of Group B points, or, if such cotton is stored at Group A or Group B points and is reshipped, based on the destination to which such cotton is actually reshipped;

or

(b) Furnish the Corporation with outbound bills of lading having value for transit claim, acquired in the shipping of such cotton (or its equivalent in transit value) to a transit destination routed via the railroad line designated by the Corporation;

otherwise, the exporter shall honor a three-day sight draft, with the freight bills held by the Corporation attached, for the amount specified in paragraph (a) hereof.

If the cotton is stored at a port when sold to the exporter, the foregoing provisions of this section shall not be applicable where the exporter furnishes the Corporation a copy of on board ocean bill of lading evidencing exportation of the identical cotton from the same port. [Supp. Announcement 8, Nov. 16, 1945, effective Nov. 20, 1945, 10 F.R. 14245]

§ 295.26 Consignments. If an exporter intends to export lint cotton to an approved country prior to the sale of such cotton and files with Commodity Credit Corporation a Declaration of Intent to Consign listing the number of pounds (gross unpatched weight) and the grade and staple length of the cotton which he intends to export, and if the Declaration is approved by the Corporation, the exporter may purchase from the Corporation an equal quantity of cotton, subject to the following terms and conditions:

(a) Declarations. The

Declaration

must be in the form prescribed by the Corporation and must be filed with the New Orleans Regional Director of the Cotton Branch of the Production and Marketing Administration before the cotton listed on the Declaration is exported. The Declaration must be filed in duplicate. Submission of a Declaration and approval by the Corporation is in lieu of the registration required under § 295.2 hereof. The Corporation will ap

prove only Declarations listing cotton of a grade and staple length which the Corporation announces may be exported under this section. Upon approval of a Declaration, the Corporation will return one copy, dated and marked approved, to the exporter.

(b) Bond. Before the Declaration will be approved, the Corporation must have received from the exporter a surety bond in the form prescribed by the Corporation, conditioned upon the submission of satisfactory evidence of exportation of the cotton listed on the Declaration by the exporter prior to January 1, 1947, and not later than 90 days after the date the Declaration is approved, and in an amount at least equivalent to 10 cents for each pound of cotton listed on all of the Declarations filed by the exporter for which, at any one time, satisfactory evidence of exportation has not been furnished. The surety on such bond must be a corporate surety approved by the Treasury Department of the United States.

(c) Satisfactory evidence of exportation. Evidence of exportation of cotton, to be satisfactory under this section, must meet the requirements of § 295.9 hereof and must also include a certification by the exporter that the cotton shipped was of the grade and staple length stated in the Declaration.

(d) Purchase orders. The Corporation must have received from the exporter, not later than 90 days after the date the Corporation approves the Declaration, Purchase Orders covering the cotton which the exporter is eligible to purchase, and the Corporation must have accepted such Purchase Orders. Each Purchase Order shall designate the Declaration against which the purchase is made and shall not designate an export sale.

(e) Price. The price of cotton purchased under this section shall be the price specified in § 295.4 hereof, except that in applying § 295.4 the date the Corporation approves the Declaration shall be used in place of the time the Corporation receives notice of the export sale of the corresponding cotton.

(f) Liquidated damages. (1) In all cases in which (i) the exporter fails to furnish, within 15 days after the date of exportation of the cotton listed on the Declaration or such extension of time as may be granted by the Corporation un

der (2) of this paragraph, satisfactory evidence that the cotton was exported prior to January 1, 1947, and not later than 90 days after the date the Declaration is approved, or (ii) cotton as to which satisfactory evidence of exportation has been submitted reenters the United States or its possessions (other than the Philippine Islands) in the form of raw cotton, the exporter shall pay to the Corporation, as liquidated damages, the sum of 10 cents for each pound of such cotton.

(2) Notwithstanding the provisions of subparagraph (1) of this paragraph, if the Corporation determines that the exporter was prevented from exporting the cotton listed on the Declaration by a cause listed in § 295.11 (b), the provisions of § 295.11 (b) shall be applicable, except that in applying § 295.11 (b) the words "the Declaration" shall be substituted for the words "such export sale❞ and the phrase "(1) of this paragraph (f)" shall be substituted for the phrase "paragraph (a) of this § 295.11."

(g) Amendments and terminations. Any amendment or termination of this offer and any withdrawal of any qualities of the Corporation's cotton shall not be applicable to Purchase Orders submitted with respect to Declarations approved by the Corporation prior to the effective date of such amendment, termination, or withdrawal.

(h) Applicability of other provisions. All of the provisions of this offer shall be applicable to this section, except as otherwise provided herein, and except that § 295.7 shall not be applicable to exports on consignment. [Supp. Announcement 9, Dec. 21, 1945, effective Dec. 22, 1945, 10 F.R. 15331]

Subpart B-Wheat Export Program

§ 295.52 Acceptance by exporter.

NOTE: 1944 CCC Wheat Export Form 1, Amendment 1, Jan. 13, 1945, 10 F.R. 637, provides that effective at 3 p. m., e. w. t., January 4, 1945, and until further notice by Commodity Credit Corporation, no further acceptances may be filed by exporters with Commodity Credit Corporation pursuant to the Corporation's Wheat Export Program, 1944 CCC Wheat Export Form 1, 6 CFR, 1944 Supp., 295.51-295.67, dated November 13, 1944. Wheat export differentials in effect after 3 p. m., e. w. t., January 4, 1945, will, until further notice by the Corporation, be used only for the purposes of the Corporation's Wheat Flour Export Program, 1944 CCC Wheat Flour Export Form 1, 6 CFR, 1944

Supp., 295.101-295.118, dated November 13, 1944.

Subpart C-Wheat Flour Export
Program

§§ 295.101-295.118. [Revoked] CODIFICATION: §§ 295.101-295.118, inclusive, were revoked, by 1944 CCC Wheat Flour Export Form 1, Revocation, Apr. 23, 1945, effective Apr. 28, 1945, 10 F.R. 4522. Prior to revocation of these sections, § 295.101 was amended to read as follows, by 1944 CCC Wheat Flour Export Form 1, Amendment 1, Vice President, Commodity Credit Corporation, Jan. 13, 1945, 10 F.R. 637:

§ 295.101 Export differentials and export prices. (a) Commodity will announce, beginning on January 4, 1945, 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, wheat export differentials for specified ports. 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.

(b) Wheat flour export differentials to be used for the purposes hereof (hereinafter called "export differentials") shall be the amounts of the wheat export differentials so announced, 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 (Part 7004 of Title 32) and any amendments thereto, and minus any amount payable by the War Food Administration under any other program with respect to the exportation of flour proof of exportation of which is furnished hereunder. The prices at which Commodity will sell wheat for exportation in the form of flour (hereinafter called "export prices") shall be determined by the appropriate Regional Director on the basis of the current market price, less the amount of the export differential.

Subsequently, the following sentence was added at the end of § 295.101 (b), by 1944 CCC Wheat Flour Export Form 1, Amendment 2, Mar. 6, 1945, effective Mar. 10, 1945, 10 F.R. 2678:

If, because of the termination of the program under which such payments are made, the Flour Production Payment in effect on the date of the exporter's acceptance is not made with respect to flour proof of exportation of which is furnished hereunder, the export price shall be redetermined by the Regional Director upon the basis of the export differential which would have been applicable if no deduction had been made on account of the Flour Production Payment, and settlement hereunder with respect to such flour shall be made upon the basis of such redetermined export price.

§ 295.121 Announcement of payments. The Administrator of the War Food Administration (hereinafter referred to as the Administrator), pursuant to the provisions of clause (1), section 32, Public Law 320, 74th Congress, as amended, and Executive Order 9334, as amended, and subject to the following conditions, will make payments to exporters in connection with the exportation of flour milled from wheat grown in the continental United States.

(a) The exporter must sell such flour not later than June 30, 1946, for export to foreign markets, the Philippine Islands, or the Virgin Islands. No payments will be made in connection with flour sold to any governmental agency or sold for export to the Canal Zone, Alaska, Hawaii, and Puerto Rico, or any other territory or possession of the United States, except as named in the preceding sentence.

(b) Such flour must be exported within such period from the date it is sold as the Administrator or his representatives may require, and in any event:

(1) Flour sold prior to July 1, 1945 must be exported not later than October 31, 1945.

(2) Flour sold subsequent to June 30, 1945 must be exported not later than October 31, 1946.

(c) The rates of payment to be made by the Administrator in connection with any sale made pursuant to this announcement shall be the rate of payment announced by the Administrator or his representatives applicable to such sale, and in effect at the time such sale is made: Provided, That notice of the consummation of such sale is given to a representative of the Administrator designated for that purpose during such time as may be designated in the announcement of the applicable rate of payment. Such notice may be given orally, by telephone, by telegraphic day letter, or by straight telegram.

(d) Under standing orders for exportation of flour and under sales agreements calling for periodic shipments wherein no definite sale price has been fixed other than that which is the lowest price or the prevailing price of flour in effect at the time at which shipment is to be made, or terms similar thereto, each periodic shipment shall be considered a sale and the sale on each lot of the flour shall be considered as being made on the

date a definite sale price is fixed by the exporter, or on the date of exportation, whichever date is the earlier. The exporter must give notice in connection with each of such sales as provided in paragraph (3), hereof.

(e) The exporter must file a Declaration of Sale on a form provided for that purpose with a representative of the Administrator.

(f) The exporter must make application for payment in voucher form within 60 days of the date exportation is made, unless such time is extended by the Administrator or his representative, and must submit such proof of exportation and such proof of compliance with the conditions set forth herein, as the Administrator or his representative may require.

(g) For the verification of the required vouchers, and such proof, the exporter shall make available to the Administrator or to his representatives from time to time, as the Administrator may request, the exporter's pertinent books, records, accounts, memoranda, documents, papers, and correspondence, and those of his agents, affiliates, and subsidiaries. The determination by the Administrator as to what is pertinent shall be final and conclusive.

The Administrator reserves the right to suspend or terminate the provisions of this announcement at any time by giving public notice thereof: Provided, however, That such suspension or termination shall not apply to sales made and declared prior to the effective date of such suspension or termination. [1945 CCC Flour Export Form 1, Apr. 18, 1945, effective Apr. 30, 1945, 10 F.R. 4521]

§ 295.122 Supplemental announcement of payments. The making of payments by the Administrator of the War Food Administration (hereinafter referred to as the "Administrator") in connection with the exportation of flour milled from wheat grown in the continental United States pursuant to the provisions of clause 1, section 32, Public Law 320, 74th Congress, as amended, and Executive Order 9334, as amended, as announced by the Administrator on April 18, 1945 (§ 295.121), will be subject to the following conditions in addition to those set forth in § 295.121.

(a) Such flour must be shipped from mills within such period as may be re

quired by the Administrator or his representatives.

(b) The giving of notice of sale by the exporter shall be deemed to be the exporter's agreement to export the quantity of flour stated in the notice.

(c) An exporter may be denied the privilege of giving further notices of sale under the program if it is determined by the Administrator or his representative that such exporter has not acted in good faith in connection with the giving of a notice of sale or the filing of a claim or has failed to discharge any obligation assumed by him under such program.

(d) Payment will be made to the shipper or consignor named in the bill of lading or other document under which

the flour is exported or, if a waiver by the shipper or consignor of any interest in such payment is submitted with the application therefor, to such other person or firm who sold such flour for export. For the purposes of this announcement and the instruments issued in connection therewith the person or firm entitled to receive payment hereunder is referred to as the exporter. [1945 CCC Flour Export Form 1, May 26, 1945, effective May 5, 1945, 10 F.R. 6261, as amended by Amdt. 1, effective Dec. 26, 1945, 10 F.R. 153861

CODIFICATION: The words "to exporters" following the parenthetical phrase in the first paragraph of § 295.122 were deleted and paragraph (d) was added by Amendment 1, effective Dec. 26, 1945, 10 F.R. 15386.