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(7) A statement that the licensee has (5) The country of destinat reserved all rights to claim drawback foreign consignee; refunds with respect to the exportation (6) The entry number of th of the polyhydric alcohol, and that no back claim and the amount of 1 refund, as drawback, of any duties paid fund of duties; and on the importation of any sugars, syr- (7) The identity of the pers ups or molasses described in sub- filed such drawback entry. heading 1701.11.03, 1701.12.02, 1701.91.22,

(e) The Licensing Authorit 1701.99.02, 1702.90.32, 1806.10.42, or

waive any of the provisions of t 2106.90.12 of the HTS has been or will be

tion if compliance with the r claimed or received on the basis, or as

provisions

HTS sub a result, of the exportation of the

1701.11.02, additional U.S. note polyhydric alcohol.

all other regulations in this sul (c) If polyhydric alcohols produced

otherwise established to the Li with sugar imported under the license

Authority's satisfaction. are exported, the licensee shall provide to the Licensing Authority, within 95 $ 1530.306 Charges and crediti days of the date of exportation of the polyhydric alcohols, the following doc

(a) Charges will be made to a umentation:

effective as of the date of ent (1) An original, certified U.S. Cus

quantities of sugar entered un toms Service Form 7512; and (2) An original bill of lading or copy

license, when the licensee subm of a U.S. Customs Service Form 7511.

license as required by $1530.30

when the Licensing Authority (d) Notice of drawback claims. When

wise determines that the liceni ever the licensee knows or has reason

made an entry under subl to know that any claim has been made,

1701.11.02 of the HTS. by the licensee or any other person for a refund, as drawback, of any duties

(b) At the request of the liceni paid on the importation of any sugars,

upon satisfactory and timely

that the licensee has complied v syrups or molasses described in subheading 1701.11.03, 1701.12.02, 1701.91.22,

of the requirements of this pr 1701.99.02, 1702.90.32, 1806.10.42,

the Licensing Authority will c

or 2106.90.12 of the HTS on the basis, or as

license for quantities of sug a result, of

which a Certificate of Use ha the exportation of polyhydric alcohol, whether or not

submitted in accordance with t] such polyhydric alcohol was produced

visions of $ 1530.305 of this subpa

such credit, if granted conditi from sugar imported under the licensee's license, the licensee shall within 5

will become final only when t business days provide a written notifi

censing Authority is satisfied t

refund, as drawback, of any duti cation to the Licensing Authority.

on the importation of any sugai This notification shall include the fol

ups or molasses described in su lowing information, if known or reasonably believed to be true by the li

ings 1701.11.03, 1701.12.02, 170

1701.99.02, 1702.90.32, 1806.10.4 censee: (1) The licensee's name, address, and

2106.90.12 of the HTS has been or license number;

claimed or received on the basis (2) A description, and the weight, of

a result, of the exportation, such polyhydric alcohol exported;

polyhydric alcohol. (3) An identification of the imported

(c) The Licensing Authority m sugar which was used in the production

voke any credit previously mad of the polyhydric alcohol, including the

license if the Licensing Authori quantity of the imported sugar;

termines, on the basis of eviden (4) The date of export, the port or

tained after the credit was gr

that the licensee had not coi point from which exported, the bill of lading number(s), and an identification

with all of the requirements o of the vessel or other export carrier

subpart. and any agent used in connection with

(55 FR 41489, Oct. 12, 1990, as amende FR 30866, July 8, 1991)

the export;

28

$ 1530.307 Replacement of sugars; sub

stitution of sugars. The sugar used in the production of polyhydric alcohols under this program need not be the identical sugar imported und the license. The licensee may substitute other sugar for sugar imported under the license or replace such imported sugar with other sugar. (56 FR 30866, July 8, 1991)

cense is credited for the production of the polyhydric alcohol.

(c) The licensee must, upon request, make the records covered by this section available for inspection and copying by the Licensing Authority or other appropriate official of the Federal Government.

(d) If, after inspection of the records, the Licensing Authority determines that such records are inadequate to establish that the sugar imported under the license was used for the sole purpose of producing (other than by distillation) polyhydric alcohols, except polyhydric alcohols for use as a substitute for sugar in human food consumption, or that drawback of duties 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, 2106.90.12 of the HTS was not claimed or received on the basis, or as a result, of the exportation of the polyhydric alcohol, or that any other requirement of this program was complied with, the Licensing Authority may revoke credits granted for the appropriate quantity of sugar.

or

$ 1530.308 Records.

(a) Each licensee requesting credit in accordance with $ 1530.306(b) shall keep records to establish for all sugar imported, and for all polyhydric alcohol produced, under the provisions of this program:

(1) The quantity and identity of the sugar imported by the licensee under the provisions of this subpart, including the customs entry numbers;

(2) The quantity and description of the polyhydric alcohols manufactured and the date or inclusive dates of manufacture;

(3) The quantity of sugar actually used in the production (other than by distillation) of polyhydric alcohols, except polyhydric alcohols for use as a substitute for sugar in human food consumption; and

(4) If any polyhydric alcohols have been exported, the country of destination, foreign consignee, date of export, port, export carrier and any agent used in connection with the export and all documents relating to such exportation, including but not limited to any contract, invoice, bill of lading, dock receipt, ship's manifest, or copies thereof; and all drawback entries, if any, including all related documents, filed by the licensee or any other person for a refund, as drawback, of any customs duties paid on the importation of any sugars, syrups or molasses 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 on the basis, or as a result, of the exportation of the polyhydric alcohol and the amount of any such refund paid.

(b) All records required by this section to be kept by a licensee shall be retained for at least 5 years after a li

8 1530.309 Enforcement.

(a) If at any time after receiving the proof of production of polyhydric alcohol described in $1530.305 of this subpart, the Licensing Authority determines that the sugar entered under the license was not used for the sole purpose of producing (other than by distillation) polyhydric alcohols, except polyhydric alcohols for use as a substitute for sugar in human food consumption, and if the bond has been released under $1530.303, 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 production of polyhydric alcohol was required, whichever difference is greater, times the quantity of sugar that should have been, but was not, used in such production of such polyhydric alcohol. In the event no Number 11 contract price or Number 14 contract price is reported by sis 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.

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 polyhydric alcohol, 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 $ 1530.303, 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 used in the production of such polyhydric alcohol. 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.

(c) If at any time the Licensing Authority determines that a licensee has failed to comply with the requirements of this subpart, including the requirement 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 manufacturer. [55 FR 41489, Oct. 12, 1990, as amended at 56 FR 30866, July 8, 1991)

$ 1530.311 Waivers.

Upon written application of the licensee, the Licensing Authority may extend the period for the production of polyhydric alcohols, may temporarily increase the maximum amount of the license, may extend the period for submitting proof of use, 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

extraordinary circumstances and will not frustrate the purposes of this program and if compliance with the relevant provisions of HTS subheading 1701.11.02, 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.

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§ 1530.312 Expiration of licenses.

(a) The licenses issued under this program shall expire upon written notice to the licensees by the Licensing Authority. The notice will state the date on which the licenses 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.

$ 1530.310 Appeals.

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

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$ 1630.313 Paperwork Reduction Act

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

1540.2 Definitions. 1540.3 Who may file request. 1540.4 Contents of request. 1540.5 Submission of recommendations. 1540.6 Information. 1540.7 Paperwork Reduction Act assigned

number.

Subpart B-Emergency Relief From Certain

Perishable Products Imported From Israel 1540.20 Applicability of subpart. 1540.21 Definition. 1540.22 Who may file request. 1540.23 Contents of request. 1540.24 Determination of the Secretary of

Agriculture. 1540.25 Information. 1540.26 Paperwork Reduction Act assigned

number.

Subpart C-Emergency Relief From Duty

Free Imports of Perishable Products
From Certain Andean Countries

$ 1530.314 Transitional provisions.

(a) All licenses issued to manufacturers prior to October 1, 1990, pursuant to the provisions of 7 CFR 1530.201, under the program for “Sugar for Production of Polyhydric Alcohol,” are canceled effective October 9, 1990.

(b) Any manufacturer 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 manufacturer'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 manufacturer make a written application for a license prior to the issuance of the license and make a written application for a waiver under $1530.210 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.

1540.40 Applicability of subpart. 1540.41 Definitions. 1540.42 Who may file request. 1540.43 Contents of request. 1540.44 Submission of recommendations by

the Secretary of Agriculture. 1540.45 Information.

AUTHORITY: Sec. 213(f), Pub. L. 98-67, 97 Stat. 391 (19 U.S.C. 2703(f)); 5 U.S.C. 301; sec. 404, Pub. L. 98–573, 98 Stat. 3016, as amended (19 U.S.C. 2112 note); 5 U.S.C. 301.

Subpart A-Emergency Relief

From Duty-Free Imports of
Perishable Products

AUTHORITY: Sec. 213(f), Pub. L. 98 67, 97 Stat. 391 (19 U.S.C. 2703(f); 5 U.S.C. 301.

SOURCE: 49 FR 22265, May 29, 1984, unless otherwise noted.

CROSS REFERENCE: For United States International Trade Commission regulations on investigations of import injury and the rules pertaining to the filing of a section 201 petition, see 19 CFR part 206.

PART 1540-INTERNATIONAL

AGRICULTURAL TRADE

$1540.1 Applicability of subpart.

This subpart applies to requests for emergency relief from duty-free imports of perishable products filed with the Department of Agriculture under section 213(f) of the Caribbean Basin Economic Recovery Act of 1983, title II of Pub. L. 98-67, 97 Stat. 384 (19 U.S.C. 2701 et seq.) (the Act).

Subpart A-Emergency Relief From Duty

Free Imports of Perishable Products

Sec. 1540.1 Applicability of subpart.

8 1540.2 Definitions.

(a) Perishable product means:

(1) Live plants provided for in subpart A of part 6 of schedule 1 of the Tariff Schedules of the United States (TSUS);

(2) Fresh or chilled vegetables provided for in items 135.10 through 138.42 of the TSUS;

(3) Fresh mushrooms provided for in item 144.10 of the TSUS;

(4) Fresh fruit provided for in items 146.10, 146.20, 146.30, 146.50 through 146.62, 146.90, 146.91, 147.03 through 147.33, 147.50 through 149.21 and 149.50 of the TSUS;

(5) Fresh cut flowers provided for in items 192.17, 192.18, and 192.21 of the TSUS; and

(6) Concentrated citrus fruit juice provided for in items 165.25 and 165.35 of the TSUS.

(b) Beneficiary country means any country listed in section 212(b) of the Act with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of the Act. 8 1540.3 Who may file request.

A request under this subpart may be filed by an entity, including a firm, or group or workers, trade association, or certified or recognized union which is representative of a domestic industry producing a perishable product like or directly competitive with a perishable product that such entity claims is being imported into the United States duty-free under the provisions of the Act from a beneficiary country(ies) in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to such domestic industry.

(c) Data showing that the perishable product allegedly causing, or threatening to cause, serious injury is being imported from the designated beneficiary country(ies) in increased quantities as compared with imports of the same product from the designated beneficiary country(ies) during a previous representative period of time (including a statement of why the period used should be considered to be representative);

(d) Evidence of serious injury or threat thereof to the domestic industry substantially caused by the increased quantities of imports of the product from the beneficiary country(ies); and

(e) A statement indicating why emergency action would be warranted under section 213(s) of the Act (including all available evidence that the injury caused by the increased quantities of imports from the beneficiary country(ies) would be relieved by the suspension of the duty-free treatment accorded under the Act). A copy of the petition and the supporting evidence filed with the United States International Trade Commission under section 201 of the Trade Act of 1974, as amended, must be provided with the request for emergency action. $ 1540.5 Submission of recommenda

tions. If the Secretary has reason to believe that the perishable product which is the subject of a petition under § 1540.4 of this subpart is being imported into the United States in such increased quantities as to be a substantial cause. of serious injury, or the threat thereof, to the domestic industry producing a perishable product like or directly competitive with the imported perishable product and that emergency action is warranted, the Secretary, within 14 days after the filing of the petition under $ 1540.4 of this subpart, shall recommend to the President that the President take emergency action. If the Secretary determines not to recommend the imposition of emergency action, the Secretary shall publish a notice of such determination and will so advise the petitioner within 14 days after the filing of the petition.

8 1540.4 Contents of request.

A request for emergency action under section 213(f) of the Act shall be submitted in duplicate to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington, DC 20250. Such requests shall be supported by appropriate information and data and shall include to the extent possible:

(a) A description of the imported perishable product(s) allegedly causing, or threatening to cause, serious injury;

(b) The beneficiary country(ies) of origin of the allegedly injurious imports;

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