(5) The country of destination and foreign consignee;

(6) The entry number of the drawback claim and the amount of such refund of duties; and

(7) The identity of the person who filed such drawback entry.

(d) The Licensing Authority may waive any of the provisions of this section if compliance with the relevant provisions of HTS subheading 1701.11.02, additional U.S. note 3, and all other regulations in this subpart is otherwise established to the Licensing Authority's satisfaction.

[55 FR 41489, Oct. 12, 1990, as amended at 56 FR 30863, July 8, 1991]

§ 1530.106 Transfer of sugar.

(a) Transfers of sugar from a licensee to a manufacturer must conform with the conditions of the license, the provisions of this program and the program provided for in subpart B of this part, and any other procedures specified by the Licensing Authority.

(b) Refined sugar transferred under a license must be shipped by the licensee to the manufacturer within 90 days of the date of entry of the sugar entered under subheading 1701.11.02 of the HTS to which the refined sugar corresponds.

(c) The licensee shall submit to the Licensing Authority, within 10 business days of the transfer of sugar, a Notice of Transfer which must adequately identify the refined sugar transferred by the licensee, including the polarization and weight of the transferred sugar and the date of transfer.

(d) The licensee may make transfers of refined sugar to more than one manufacturer; however, the combined total of such transfers may not exceed the maximum license amount.

[55 FR 41489, Oct. 12, 1990, as amended at 56 FR 30863, July 8, 1991]

§ 1530.107 Charges and credits to li

censes.

(a) Charges will be made to a license, effective as of the date of entry, for quantities of sugar (adjusted on the basis set forth in paragraph (c) of this section to determine raw value) entered under the license, when the licensee submits the information required by § 1530.104 or when the Licens

ing Authority otherwise determines that the licensee has made an entry under subheading 1701.11.02 of the HTS.

(b) At the request of the licensee and upon satisfactory and timely proof that the licensee has complied with all of the requirements of this program, the Licensing Authority will credit a license for:

(1) Quantities of refined sugar, adjusted pursuant to paragraph (c) of this section, for which proof of export has been submitted in accordance with the provisions of § 1530.105 of this subpart, but such credit, if granted conditionally, will become final only when the Licensing Authority is satisfied that no refund, as drawback, of any duties paid on the importation of any sugars, syrups or molasses described in subheadings 1701.11.03, 1701.12.02, 1701.91.22, 1701.99.02, 1702.90.32, 1806.10.42, or 2106.90.12 of the HTS has been or will be claimed or received on the basis, or as a result, of the exportation of the refined sugar;

(2) Quantities of refined sugar, adjusted pursuant to paragraph (c) of this section, for which a Notice of Transfer has been submitted to the Licensing Authority in accordance with §1530.106 of this subpart; and

(3) Quantities of sugar charged to the license which the Licensing Authority determines have been destroyed, lost in processing the sugar, or otherwise disposed of so as to render the exportation or transfer of a corresponding quantity of sugar impossible or unnecessary.

(c) Adjustments of the quantities of imported sugar charged to the license and refined sugar exports credited to the license will be made as follows:

(1) To obtain the raw value for imported sugar with a polarization of 92 degrees or above, the adjustment will be made by multiplying the polarization times 0.0175, subtracting 0.68 from this product, and multiplying the difference by the weight. Expressed algebraically, this formula is: [(polarization X 0.0175) -0.68] X weight.

(2) To obtain the raw value for imported sugar with a polarization of less than 92 degrees, the adjustment will be made by dividing the total sugar content by 0.972.

(3) To determine the quantity of refined sugar that must be exported to

equal a corresponding quantity of imported sugar charged to a license, the adjustment will be made by dividing the quantity of sugar imported, expressed in raw value, by 1.07.

(d) The Licensing Authority may revoke any credit previously made to a license is the Licensing Authority determines, on the basis of evidence obtained after the credit was granted, that the licensee had not complied with all of the requirements of this subpart or if the exported sugar is reexported or returned to the customs territory of the United States without having undergone a substantial transformation.

[55 FR 41489, Oct. 12, 1990, as amended at 56 FR 30863, July 8, 1991]

§ 1530.108 Replacement of sugars; substitution of sugars.

(a) The sugar exported or transferred does not have to be the same sugar that was entered under subheading 1701.11.02 of the HTS.

(b) Exportation or transfer of sugar for credit to the license may occur any time after the date on which the license was issued by the Licensing Authority. Any quantity of sugar exported or transferred after the date on which the license was issued, but prior to the entry of the corresponding sugar, will be treated as having been exported or transferred within the time limits of §1530.102(b).

(a) Each licensee requesting credit in accordance with § 1530.107(b) shall keep records to establish for all refined sugar exported under the provisions of this program:

(1) The quantity and identity of the sugar, raw value, entered under subheading 1701.11.02 of the HTS;

(2) The date or inclusive dates of processing (refining);

(3) The quantity and description of the articles produced, and their polarities;

(4) The quantity of sugar, refined basis, exported under the provisions of this subpart;

(5) The quantity of sugar, refined basis, transferred to a manufacturer under the provisions of this subpart, and the identity of such manufacturer;

(6) The country of destina eign consignee, date of export port carrier and any agent us nection with the export and ments relating to such export cluding but not limited to an certified U.S. Customs Servi 7512, an original bill of lading of a U.S. Customs Service F and any contract, invoice, bil ing, dock receipt, ship's man copies thereof; and

(7) Any drawback entry, inclu related documents, filed by censee or any other person for a as drawback, of any customs paid on the importation of any syrups or molasses described headings 1701.11.01, 1701.11.02, 17 1701.12.01, 1701.12.02, 1701.91.21, 17 1701.99.01, 1701.99.02, 1702.90.31, 17 1806.10.41, 1806.10.42, 2106.90.1 2106.90.12 of the HTS on the basi a result, of the exportation of fined sugar and the amount of an refund paid.

(b) All records required by th tion to be kept by a licensee sh retained for at least 5 years afte cense is credited for the exportat transfer of the refined sugar.

(c) The licensee must, upon re make the records covered by thi tion available for inspection and ing by the Licensing Authorit other appropriate official of the eral Government.

(d) If, after inspection of the rec the Licensing Authority detern that such records are inadequate t tablish that the imported sugar wa fined by the licensee, sugar was lo destroyed or otherwise disposed c render exportation or transfer im sible or unnecessary, refined sugar exported, drawback of duties paid the importation of any sugars, sy or molasses described in subhead 1701.11.03, 1701.12.02, 1701.91.22, 1701.9 1702.90.32, 1806.10.42, or 2106.90.12 of HTS was not claimed or received the basis, or as a result, of the exp tation of the refined sugar, or other requirement of this program complied with, the Licensing Auth ity may revoke credits granted for appropriate quantity of sugar.

[55 FR 41489, Oct. 12, 1990, as amended at FR 30864, July 8, 1991]

$1530.110 Enforcement.

(a) If at any time after receiving the proof of export described in §1530.105 of this subpart, the Licensing Authority determines that the export of a quantity of refined sugar corresponding to the quantity of sugar entered under the license did not occur, and if the bond has been released under §1530.103, the Licensing Authority may hold the licensee liable for the difference between the Number 11 contract price and the Number 14 contract price, per pound of raw sugar, in effect on the last market day before the date of entry of the sugar or the last market day before the end of the period during which export was required, whichever difference is greater, times the quantity of refined sugar, converted to raw value, that should have been, but was not, exported. In the event no Number 11 contract price or Number 14 contract price is reported by the New York Coffee, Sugar and Cocoa Exchange, for the relevant market day, the Licensing Authority may estimate such price as he or she deems appropriate.

(b) If at any time after receiving the licensee's certification that no refund, as drawback, of any duties paid on the importation of any sugars, syrups or molasses described in subheadings 1701.11.03, 1701.12.02, 1701.91.22, 1701.99.02, 1702.90.32, 1806.10.42, or 2106.90.12 of the HTS has been or will be claimed or received on the basis, or as a result, of the exportation of any refined sugar, the Licensing Authority determines that a refund of such customs duties has been claimed or received by the licensee or any other person, and if the bond has been released under § 1530.103, the Licensing Authority may hold the licensee liable for the difference between the Number 11 contract price and the Number 14 contract price, per pound of raw sugar, in effect on the last market day before the date of entry of the sugar or the last market day before the end of the period during which export was required, whichever difference is greater, times the quantity of sugar, converted to raw value, that should have been, but was not, exported. In the event no Number 11 contract price or Number 14 contract price is reported by the New York Coffee, Sugar and Cocoa Exchange, for the rel

evant market day, the Licensing Authority may estimate such price as he or she deems appropriate.

(c) If at any time the Licensing Authority determines that a licensee has failed to comply with the requirements of this subpart, including the requirements of HTS subheading 1701.11.02 and of the relevant provisions of additional U.S. note 3, the Licensing Authority may, after notice to the licensee, suspend or revoke the license issued to the licensee under this program and may refuse to issue a license to that refiner. The Licensing Authority may suspend or revoke a license if claims are filed under 19 CFR part 191 for the refund, as drawback, of any duties paid on the importation of any sugars, syrups or molasses described in subheadings 1701.11.03, 1701.12.02, 1701.91.22, 1701.99.02, 1702.90.32, 1806.10.42, or 2106.90.12 of the HTS on the basis, or as a result, of the exportation of refined sugar under this program or if any claim under 19 CFR part 191 is denied on the basis that such refined sugar was not exported.

[55 FR 41489, Oct. 12, 1990, as amended at 56 FR 30864, July 8, 1991]

§ 1530.111 Appeals.

(a) Any action or determination of the Licensing Authority under this subpart may be appealed to the Director, Import Policies and Trade Analysis

Division, Foreign Agricultural Service (FAS), within 30 days from the date of notification. The appeal must be presented in writing and must specifically state any reason as to why such determination should not stand. The Director, Import Policies and Trade Analysis Division, FAS, will provide such person with an opportunity for an informal hearing on such matter.

(b) A further appeal from the final decision of the Director, Import Policies and Trade Analysis Division, FAS, may be made to the Administrator, FAS, within five business days of the notification of the decision of the Director, Import Policies and Trade Analysis Division, FAS.

§ 1530.112 Waivers.

Upon written application of the licensee, the Licensing Authority may

extend the period for the export of refined sugar, may temporarily increase the maximum amount of the license, may extend the period for submitting proof of export, or may temporarily waive or modify any other requirement imposed by this subpart if such waiver or modification is necessary or appropriate under unusual, unforeseen or extraordinary circumstances and will not frustrate the purposes of this program and if compliance with the relevant provisions of HTS subheading 1702.11.02, additional U.S. note 3 is established to the Licensing Authority's satisfaction. The Licensing Authority may specify additional requirements or procedures in place of the requirements or procedures waived or modified.

§ 1530.113 Expiration of licenses.

(a) The licenses issued under this program shall expire upon written notice to the licenses by the Licensing Authority. The notice will state the date on which the licensees will expire and any other details applicable to the expiration of the licenses.

(b) If there have been no charges or credits on the License within 12 months of the date on which the license was issued, or any subsequent period of 18 months, the license may be deemed to have expired.

§ 1530.114 Paperwork Reduction Act assigned number.

The Office of Management and Budget has approved the information collection requirements contained in these regulations in accordance with 44 U.S.C. chapter 35 and OMB number 0551-0015 has been assigned.

§ 1530.115 Transitional provisions.

(a) All licenses issued to refiners prior to October 1, 1990, pursuant to the former provisions of 7 CFR 6.101, are canceled effective October 9, 1990.

(b) Any refiner who, on September 30, 1990, held a license which had a balance of charges and credits other than zero and which is canceled pursuant to paragraph (a) of this section may be issued a new license upon such refiner's agreement to:

(1) Fully settle the balance outstanding on such previous license, by bringing such balance to zero;

(2) Comply with all the provisions of this subpart, subheading 1701.11.02 of the HTS, and additional U.S. note 3; and

(3) Comply with any terms, conditions and procedures imposed by the Licensing Authority in order to assure an orderly transition.

(c) During the transitional period between October 1, 1990, and the promulgation of a final rule to replace the interim rule issued on October 9, 1990, the Licensing Authority may modify or waive any requirement of this subpart, including the requirements that a refiner make a written application for a license prior to the issuance of the license and make a written application for a waiver under § 1530.111 of this subpart, if the Licensing Authority determines such modification or waiver is necessary or appropriate to assure an orderly transition and will not frustrate the purposes of this program.

Supbart B-Sugar To Be Re-exported in Sugar Containing Products

§ 1530.200 Definitions.

For purposes of this subpart, unless the context indicates otherwise, the following words and phrases have the meanings ascribed to them:

(a) Additional U.S. note 3 means paragraph (c) of additional U.S. note 3 to chapter 17 of the HTS.

(b) Agent means customs house broker, freight forwarder, sugar refiner, or other person authorized to act on behalf of the licensee.

(c) Corresponding sugar means the identical sugar entered under subheading 1701.11.02 of the HTS, such sugar after having been refined, or other sugar substituted for, or in replacement of, such imported or refined sugar in accordance with §§ 1530.108 and 1530.207 of this part.

(d) Date of entry is the date when the U.S. Customs Service entry form is properly executed and deposited, together with any estimated duties and special import fees and any related documents required by law or regulation to be filed with such form at the time of entry with the appropriate customs official.

(e) Date of export means the on-board date of an ocean carrier bill of lading or an airway bill or on-board date of an intermodal bill of lading; if exported by rail or truck, the date of entry shown on an authenticated landing certificate or similar document issued by an official of the government of the importing country; or the date of export established by such other proof of export as is acceptable to the Licensing Authority.

(f) Date of Transfer means the date of shipment of sugar transferred from a refiner to a manufacturer.

(g) Drawback and drawback entry have the meanings ascribed to them in 19 CFR part 191.

(h) Enter or entry, with respect to sugar imported into the customs territory of the United States, refers to sugar that is entered or withdrawn from warehouse for consumption.

(i) HTS means the Harmonized Tariff Schedule of the United States.

(j) License means a license, issued by the Secretary through the Licensing Authority, which permits the transfer, in accordance with the provisions of this subpart, of refined sugar, corresponding to sugar imported under subpart A of this part, from a refiner to a manufacturer.

(k) Licensee means a manufacturer to whom a license has been issued pursuant to the provisions of this subpart.

(1) Licensing Authority means the Team Leader, Import Quota Programs, Import Policies and Trade Analysis Division, Foreign Agricultural Service, U.S. Department of Agriculture, or the Team Leader's designee.

(m) Manufacturer means a person who is the recipient of a transfer or refined sugar from a refiner, who uses the sugar to produce a sugar containing product within the customs territory of the United States, and who exports or causes to be exported such product.

(n) Notice of Transfer means a document, in form and substance satisfactory to the Licensing Authority, that is signed by both a refiner and the licensee certifying delivery of a specified quantity of refined sugar, corresponding to sugar imported under the provisions of subpart A of this part, from the refiner to the licensee.

(0) Number 11 contract price means the daily closing price per pound of raw sugar for the nearby Number 11 contract of the New York Coffee, Sugar and Cocoa Exchange.

(p) Number 14 contract price means the daily closing price per pound of raw sugar for the nearby Number 14 contract of the New York Coffee, Sugar and Cocoa Exchange.

(q) Person means any individual, partnership, corporation, association, estate, trust or any other business entity.

(r) Program means the licensing program provided for in the regulations in this subpart and includes the requirements and limitations of HTS subheading 1701.11.02 and additional U.S. note 3.

(s) Raw value means, for a given quantity of sugar, the equivalent of that quantity of sugar in terms of ordinary commercial raw sugar testing 96 degrees by the polariscope as determined in accordance with regulations issued by the Secretary of the Treasury.

(t) Refiner means any person in the United States who engages in the processing (refining) of raw sugar into refined sugar by substantially subjecting the raw sugar to the processes of (1) affination or defecation, (2) clarification, and (3) further purification by absorption or crystallization and who holds a license issued under the regulations in subpart A of this part.

(u) Sugar means commercial refined sugar testing 99.7 degrees or above by the polariscope as determined in accordance with regulations issued by the Secretary of the Treasury.

(v) Sugar containing product means any product (other than articles described in subheadings 1701.11.01, 1701.11.02, 1701.11.03, 1701.12.01, 1701.12.02, 1701.91.21, 1701.91.22, 1701.99.01, 1701.99.02, 1702.90.31, 1702.90.32, 1806.10.41, 1806.10.42, 2106.90.11 and 2106.90.12 of the HTS) to which sugar has been added as an ingredient and which is to be exported without further processing.

(w) Valueless sugar means sugar which has no commercial recovery value.