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Subpart C-Sugar for the Productia

Polyhydric Alcohol

(b) In the event the request is denied and the requestor wishes to appeal such decision, it will facilitate processing such appeal by placing the words “FOIA APPEAL" in capital letters on the front of the envelope and at the top of the appeal letter. Additional information may be obtained by telephoning the FAS Information Division on (202) 720–7115. (40 FR 27008, June 26, 1975, as amended at 61 FR 2898, Jan. 30, 1996)

PART 1530—SUGAR IMPORT

LICENSING

1530.300 Definitions. 1530.301 Application for a license. 1530.302 Issuance of a license. 1530.303 Bond requirements. 1530.304 Entry of sugar. 1530.305 Proof of production of poly!

alcohols. 1530.306 Charges and credits to licenses 1530.307 Replacement of sugars; substit

of sugars. 1530.308 Records. 1530.309 Enforcement. 1530.310 Appeals. 1530.311 Waivers. 1530.312 Expiration of licenses. 1530.313 Paperwork Reduction Act assi

number. 1530.314 Transitional provisions.

AUTHORITY: Presidential Proclamatior 6179, 55 FR 38293; additional U.S. note chapter 17 of the Harmonized Tariff Sche of the United States (19 U.S.C. 1202).

SOURCE: 55 FR 41489, Oct. 12, 1990, u otherwise noted.

Subpart A-Sugar To Be Re-exported in

Refined Form

Sec. 1530.100 Definitions. 1530.101 Application for a license. 1530.102 Issuance of a license. 1530.103 Bond requirements. 1530.104 Entry of sugar. 1530.105 Proof of export and notice of draw

back claims. 1530.106 Transfer of sugar. 1530.107 Charges and credits to licenses. 1530.108 Replacement of sugars; substitution

of sugars. 1530.109 Records. 1530.110 Enforcement. 1530.111 Appeals. 1530.112 Waivers. 1530.113 Expiration of licenses. 1530.114 Paperwork Reduction Act assigned

number. 1530.115 Transitional provisions.

Subpart A-Sugar To Be Reexported in Refined Form

Subpart B-Sugar To Be Re-exported in

Sugar Containing Products 1530.200 Definitions. 1530.201 Application for a license. 1530.202 Issuance of a license. 1530.203 Bond requirements. 1530.204 Transfer of sugar. 1530.205 Proof of export and notice of draw

back claims. 1530.206 Charges and credits to licenses. 1530.207 Replacement of sugars; substitution

of sugars. 1530.208 Records. 1530.209 Enforcement. 1530.210 Appeals. 1530.211 Waivers. 1530.212 Expiration of licenses. 1530.213 Paperwork Reduction Act assigned

number. 1530.214 Transitional provisions.

8 1530.100 Definitions.

For purposes of this subpart, un] the context indicates otherwise, following words and phrases have meaning ascribed to them:

(a) Additional U.S. note 3 means pa graph (c) of additional U.S. note 3 chapter 17 of the HTS, unless otherw described.

(b) Agent means a licensed custo house broker, freight forwarder, other person authorized to act on 1 half of the licensee.

(c) Date of entry is the date when t U.S. Customs Service entry form properly executed and deposited, t gether with any estimated duties a: special import fees and any relat documents required by law or regul tion to be filed with such form at t] time of entry with the appropriate cu toms official.

(d) Date of export means the on-boai date of an ocean carrier bill of ladir or an airway bill or on-board date of a intermodal bill of lading; if exported b rail or truck, the date of entry show on an authenticated landing certificat 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.

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

(f) Department means the United States Department of Agriculture.

(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 entry, in accordance with the provisions of this subpart, of raw cane sugar described in subheading 1701.11.02 of the HTS for the purpose of being refined and re-exported in refined form or of being transferred to a manufacturer under the provisions of subpart B of this part.

(k) Licensee means a refiner 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 of 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 under a license issued under the provisions of subpart B of this part.

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

(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 enterprise or legal 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 (19 CFR part 151, subpart B).

(t) Refined 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.

(u) 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 affination or defecation, clarification, and further purification by absorption or crystallization.

(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.

$ 1530.101 Application for a license.

(a) An applicant for a license must apply in writing to the Licensing Authority. The letter of application shall contain at a minimum the following information:

to

(1) The name and address of the applicant and of the refinery or refineries at which the raw cane sugar entered under subheading 1701.11.02 will be processed (refined); (2) The license amount requested, not

exceed the maximum license amount;

(3) A description of the kind and polarity of refined sugars to be exported or transferred;

(4) The name of the firm that will establish a performance bond in favor of the United States Government on behalf of the applicant; and

(5) A certification that the refiner shall:

(i) Refi a quantity of sugar equal to the quantity of sugar entered under the license;

(ii) Export or transfer such sugar or corresponding sugar within the applicable time limits; and

(iii) Shall not request credit on the refiner's license, if such license is issued, for the exportation or transfer of any refined sugar, or if such credit has been granted, shall promptly (within 5 business days of the filing of a drawback entry) notify the Licensing Authority and request that such credit be revoked, if the exportation of such refined sugar or any sugar containing product manufactured with the use of such transferred sugar has resulted in, or has been used as the basis of a claim by the licensee or any other person for, a 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, 2106.90.12 of the HTS.

(b) A licensee shall promptly notify the Licensing Authority if any of the information described in paragraph (a) of this section has changed and shall submit an amended application upon the request of the Licensing Authority.

(c) The Licensing Authority may waive any provisions of this section for good cause if it is determined that such a waiver will not adversely affect the purposes of this program. 8 1530.102 Issuance of a license.

(a) The Secretary of Agriculture, through the Licensing Authority, may issue a license to a refiner under which

the refiner may import sugar described in HTS subheading 1701.11.02 in accordance with the provisions of this program. The license may contain such conditions, limitations or restrictions as the Licensing Authority determines to be appropriate for the purposes of this program. The Licensing Authority may add or modify such conditions, limitations or restrictions at such time and in such manner as the Licensing Authority, in his or her discretion, determines to be necessary or appropriate for the purposes of this program. A refiner may hold only one license at any given time.

(b) A quantity of refined sugar equivalent to the quantity of sugar, raw value, imported under a license, adjusted in accordance with $1530.107 of this subpart, must be exported within 90 days of the date of entry of such sugar or must be transferred to a manufacturer within 90 days of the date of entry of such sugar.

(c) The maximum license amount is 50,000 metric tons of sugar, raw value. Quantities of sugar imported under the license will be charged to the license and quantities of refined sugar exported or transferred will be credited to the license as provided in § 1530.107. At no time may the outstanding balance of charges or credits exceed the maximum license amount except as a result of adjustments for polarization made pursuant to § 1530.107(c).

(d) The licensee shall reserve all rights, if any, to claim drawback refunds with respect to the exportation or transfer of refined sugar under this program. No credit on a license shall be made if any 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 is claimed or received on the basis, or as a result, of the exportation of such refined sugar or any sugar containing products manufactured with the use of such transferred sugar.

(e) If a licensee has made a full settlement of the balance on a license, the licensee may surrender the license on terms and conditions acceptable to the Licensing Authority. A licensee may,

or

with the written permission of the Licensing Authority, transfer a license to another refiner who does not hold a license, subject to such terms and conditions as the Licensing Authority may impose as he or she determines to be necessary or appropriate to carry out the purposes of this subpart.

(1) The licensee may utilize an agent to import, export or make transfers of sugar. The licensee must provide to the Licensing Authority a written authorization designating such person to act as an agent for the purpose of importing, exporting or transferring sugar. If the licensee uses an agent to export the refined sugar, the licensee shall notify the Licensing Authority in writing of the agent's identity, and the agent shall certify to the Licensing Authority in writing that the refined sugar has been exported from the customs territory of the United States. (55 FR 41489, Oct. 12, 1990, as amended at 56 FR 30863, July 8, 1991) 8 1530.103 Bond requirements.

(a) Unless the licensee has posted a performance bond with the U.S. Customs Service which is satisfactory to the Licensing Authority with respect to the requirements of this program, the licensee shall post a performance bond which meets the requirements of this section with the Licensing Authority. However, no bond will be required for the quantity of any sugar imported under license that corresponds to a quantity of sugar that has been exported or transferred prior to the importation of such sugar and credited to the license in accordance with $ 1530.107, provided that the Licensing Authority issues a written waiver of the bond requirement.

(b) A bond may cover entries made either during the period of time specified in the bond (term bond) or for a specified entry (single entry bond).

(c) Only the licensee who will process (refine) the sugar may be the principal on a bond to cover such sugar to be reexported in refined form. The surety or sureties shall be among those listed by the Secretary of the Treasury as acceptable on Federal bonds.

(d) The obligation under the bond shall be made effective as of the date of entry of the imported sugar.

(e) The amount of the bond shall be equal to 20 cents per pound of sugar imported under the license.

(f) The appropriate customs official or the Licensing Authority, as appropriate, will release the obligation under the bond by 20 cents per pound for the quantity of sugar credited to the license in accordance with $ 1530.107.

(g) If the licensee fails to qualify for a credit to the license within 95 days of the date of export of corresponding sugar in an amount sufficient to offset the charge to the license for that corresponding sugar or if such a credit initially granted is subsequently revoked, payment will be made to the United States of America under the bond of a monetary amount equal to 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 timely compliance with the requirements of this subpart. 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.

(h) Within 10 business days of the date of issuance of a license, the licensee shall submit to the Licensing Authority a copy of the performance bond.

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

8 1530.104 Entry of sugar.

(a) The licensee shall be permitted to enter imported sugar under subheading 1701.11.02 of the HTS in conformity with the conditions, limitations and restrictions of the license, the provisions of this subpart and additional U.S. note 3, and any other procedures specified by the Licensing Authority.

(b) The licensee must present the license to the appropriate U.S. Customs Service official at the time of entry. Such customs official will mark on the license:

(1) The quantity of sugar entered;
(2) The date of entry; and
(3) The customs entry number.

(c) The licensee shall submit to the Licensing Authority a copy of the license, as marked by the customs official, within 10 business days after each entry of sugar.

(d) The licensee shall submit to the Licensing Authority a statement, certified as true and accurate, of the polarization and weight of the imported sugar to be charged to the license. This statement must adequately identify the imported sugar and state the basis for the determination of the polarization of the sugar. The basis for such determination must be either the settlement polarization or some other means approved by the Licensing Authority. $ 1530. 105 Proof of export and notice

of drawback claims. (a) The licensee shall provide a written certification that he or she has exported a specified quantity of refined sugar. The certification shall include:

(1) The licensee's name, address, and license number;

(2) A description of the refined sugar exported, the polarity of such sugar, and its weight;

(3) An identification of the imported sugar to which the exported sugar corresponds, including the quantity and polarization of the imported sugar;

(4) The date of export, the port or point from which exported, the bill of lading number(s), and an identification of the vessel or other export carrier and any agent used in connection with the export;

(5) The country of destination and foreign consignee;

(6) The entry number of a claim, if any, by the licensee or any other person for a 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 the refined sugar and the amount of such refund; and

(7) A statement that the sugar has been exported from the customs terri

tory of the United States, that the licensee has reserved all rights to claim drawback refunds, and 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.

(b) The certification must be submitted to the Licensing Authority within 95 days of the date of export. The Licensing Authority will not credit the license for sugar exported unless satisfactory and timely certification is received.

(c) Notice of drawback claims. Whenever the licensee knows or has reason to know that any claim has been made, by the licensee or any other person for a refund, as drawback, of any duties paid on the importation of any sugars, syrups or molasses described in subheading 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 of sugar containing products produced from sugar transferred from the licensee to a manufacturer, under the provisions of subpart B of this part, the licensee shall within 5 business days provide a written notification to the Licensing Authority. This notification shall include the following information, if known or reasonably believed to be true by the licensee:

(1) The licensee's name, address, and license number;

(2) A description of the refined sugar or sugar containing products exported, and the weight of such refined sugar or sugar containing products;

(3) An identification of the imported sugar to which the exported sugar or sugar contained in the exported sugar containing products corresponds, including the quantity of the imported sugar;

(4) The date of export, the port or point from which exported, the bill of lading number(s), and an identification of the vessel or other export carrier and any agent used in connection with the export;

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