undercutting is alleged to be occurring (hereinafter referred to as "designated area").

(2) The "duty-paid wholesale price" determined by the Investigating Authority shall be the average of prices at which wholesalers have sold or offered for sale in the designated area the article of quota cheese alleged to be involved in price-undercutting, as obtained in a survey directed by the Investigating Authority during the investigation: Provided, That whenever the designated area is not or does not include one of the major market areas specified in paragraph (a)(1) of this section, the Investigating Authority may adjust the average of prices determined for such designated area on the basis of the average of prices determined for the major market area which is determined to be the most representative of the designated area, taking into consideration any special factors which may be affecting prices in the designated area.

(3) The "domestic wholesale market price" determined by the Investigating Authority for a similar article produced in the United States to that article of quota cheese which is alleged to be involved in price-undercutting shall be the average of prices at which wholesalers have sold the similar article produced in the United States in the designated area, as obtained in a survey directed by the Investigating Authority during the investigation: Provided, That whenever the designated area is not or does not include one of the major market areas specified in paragraph (a)(1) of this section, the Investigating Authority may adjust the average of prices determined for such designated area on the basis of the average of prices determined for the major market area which is determined to be the most representative of the designated area, taking into consideration any special factors which may be affecting prices in the designated area.

(4) “Similar article produced in the United States" shall be an article of cheese, cheese product, or imitation cheese produced in the United States and marketed in the domestic wholesale market, which is determined by the Investigating Authority, based

upon available information to be most like the imported article of quota cheese alleged to be involved in priceundercutting, in terms of its physical properties and end use. In making this determination, first consideration

shall be given to the normal end uses of the article produced in the United States in comparison with the end use of the article of quota cheese alleged to be involved in price-undercutting. If the end use of both articles is determined to be the same (e.g., processing or retail sale), the physical characteristics of the two articles shall be considered.

If the common end use of the two articles is processing, the representative samples of the two articles shall be examined in terms of processing quality, note taking special of processing yields. If the common end use of the two articles is retail sale, representative samples of the two articles shall be examined in terms of similarities of taste, texture, general appearance, quality, age, and packaging. Imported imitation quota cheese shall only be compared with imitation domestic cheese. If it is determined that the domestic cheese the price of which is claimed to be undercut is not similar to the quota cheese allegedly undercutting it, there shall be no finding of price-undercutting.

(b) Reporting determinations. Determinations by the Secretary as to the validity of allegations of price-undercutting made under this Subpart shall be published in the FEDERAL REGISTER not later than 5 days after the date the determination is made.

§ 6.44 Delegation of authority.

The powers vested in the Administrator, FAS, insofar as such powers relate to the functions of the Investigating Authority by this regulation are hereby delegated to the Investigating Authority.This final rule has been reviewed under the USDA criteria estblsihed to implement Executive Order 12044, "Improving Government Regulations." a determination has been made that this action should not be classified "significant" under those criteria. A Final Impact Statement has been prepared and is available from

90-007 0-82--13

As used in this subpart: (a) The term "person" means an individual, partnership, corporation, association, estate, trust, or other business enterprise or legal entity, and, wherever applicable, any unit, instrumentality, or agency of a government, domestic or foreign.

(b) The term "Department" means the U.S. Department of Agriculture.

(c) The term "Secretary" means the Secretary of Agriculture or any officer or employee of the Department to whom the Secretary has delegated the authority or to whom authority may hereafter be delegated to act in his place.

(d) The term "appropriate customs official" means the district or area Director of Customs, his designee, or any other customs officer of similar authority and responsibility, for the customs district in which the port of entry is located.

(e) The term "import license" means a license issued by the Secretary permitting the entry of sugar exempt from the fees provided for in items 956.05, 956.15, and 957.15 of the tariff schedules of the United States, on condition that such sugar will be used solely for the production (other than by distillation) of polyhydric alcohols, except polyhydric alcohols for use as a substitute for sugar in human food consumption.

(f) The term "manufacturer" means a person that is engaged in the production (other than by distillation) of polyhydric alcohols from sugar.

(g) The term "agent" means a licensed customhouse broker.

(h) The term "sugar" means sugars, sirups, and molasses as defined in

items 956.05, 956.15, 957.15 of the tariff schedules of the United States.

§ 6.51 Issuance of an import license.

(a) An import license may be issued to a manufacturer which complies with the provisions of this subpart. The license shall state the time period during which the license shall be effective and the maximum amount of sugar which may be imported under the license. In no case shall the effective period of a license exceed 1 year, nor shall the maximum amount of sugar which may be imported under the license exceed the anticipated requirements of the manufacturer for the 12-month period following the effective date of the license. The license may contain such other conditions as the Secretary, in his discretion, deems

necessary.

(b) No more than one effective license may be issued and outstanding at any one time to any one manufacturer. In order to insure a dependable and orderly supply of sugar, a manufacturer may apply for a license prior to the expiraton of a previously issued license. The previously issued license shall be deemed to have expired on its stated expiration date, or on the effective date of the succeeding license, whichever is earlier. A succeeding license may not be issued until the previously issued license has been returned to the Horticultural and Tropical Products Division, Foreign Agricultural Service, U.S. Department of Agriculture, Washington, D.C. 20250.

§ 6.52 Transferability of an import license.

An import license may not be transfered or assigned by the manufacturer to any other person. Any attempt to transfer or assign an import license shall be null and void and shall constitute grounds for the revocation of the license by the Secretary.

§ 6.53 Entry of sugar.

(a) A manufacturer or its agent may enter sugar into the United States exempt from the fees contained in items 956.05, 956.15, 957.15 of the tariff schedules of the United States under an import license issued pursuant to this subpart. The import license

must be presented to the appropriate customs official at the time of entry. Entry of the sugar exempt from fees shall be allowed only in conformity with the conditions of the import license, if any.

(b) The appropriate Customs official shall enter on the license: (1) The amount of sugar entered; (2) the date of entry; and (3) the customs entry number.

(c) A copy of the license, as marked by the appropriate customs official, shall be transmitted to the Horticultural and Tropical Products Division, Foreign Agricultural Service, U.S. Department of Agriculture, Washington, D.C. 20250, by the person entering the sugar, within 10 business days after each entry of sugar.

§ 6.54 Entry of sugar by an agent.

(a) In those cases where sugar is to be entered by an agent of the manufacturer, the agent shall produce for inspection by the appropriate customs official a written authorization by the manufacturer designating such person to act as the agent of the manufacturer for the purpose of entering sugar.

(b) A copy of such authorization shall be attached to the relevant copy of the import license that is transmitted to the Horticultural and Tropical Products Division pursuant to

§ 6.53(c).

§ 6.55 Application for an import license. (a) Only manufacturers are eligible to receive an import license.

(b) Each application for an import license shall contain the following information:

(1) Name and address of the manufacturer.

(2) A statement of the anticipated requirements of the manufacturer for sugar to be 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, during the effective period of the license.

(3) The anticipated amount of sugar to be imported during the specified effective period.

(4) The effective period of the import license (but not to exceed 1 year).

(c) Each application for an import license shall contain a certification that the manufacturer shall use the quantity of sugar entered under an import license solely for the production (other than by distillation) of polyhydric alcohols, except polyhydric alcohols for use as a substitute for sugar in human food consumption.

§ 6.56 Bond requirements.

(a) Sugar entered under an import license shall be subject to all customs bond requirements (see 19 CFR Parts 113, 141, 143, and 144). The appropriate customs offical may assess liquidated damages under the customs entry bond for violation of any provision of the import license or this subpart.

(b) The appropriate customs official may release all or part of the obligation under a bond if the Secretary determines that the destruction or other disposition of a quantity of sugar entered under an import license renders performance under the bond impossible or inequitable. In such case the Secretary shall notify the appropriate customs official of his determination. The determination shall be treated as a certificate of use which has been properly and timely filed.

§ 6.57 Default.

Upon a failure to comply with the provisions of this subpart or the import license, payment of the obligation under the bond shall be made to the appropriate customs official in accordance with the conditions of the bond.

§ 6.58 Certificate of use.

(a) The certificate of use shall be a certification by the manufacturer that a quantity of sugar entered under an import license has been used for the purpose stated in § 6.50(e). Certificates of use shall be transmitted to the appropriate customs official and the Horticultural and Tropical Products Division by the manufacturer on a monthly basis. In no case shall a certificate of use be accepted more than 180 days after the expiration of the import license under which the sugar was imported, unless the Secretary, in

his discretion, extends the time period in which a certificate may be filed.

(b) The certificate of use shall be signed by the manufacturer and shall contain the following certification:

The undersigned hereby certifies that between 19——, and

19, the undersigned has used pounds of sugar for the sole purpose of producing (other than by distillation) polyhydric alcohols, except polyhydric alcohols for use as a sustitute for sugar in human food consumption. The undersigned further certifies that the quantity of sugar shown on this certificate of use does not include any sugar previously covered by another certificate of use.

§ 6.59 Revocation.

(a) If, at any time, the Secretary determines that the manufacturer has failed to comply with the requirements of this subpart or the import license, the Secretary may, in his discretion, revoke the import license.

(b) Notice of the revocation shall be given to the manufacturer and the Customs Service.

Subpart-Reentry of Cotton Into the United States

AUTHORITY: Proc. 2351, 3 CFR 1938-1943 Comp., p. 113; Proc. 2544, 3 CFR 1938-1943 Comp., p. 294

SOURCE: 20 FR 7028, Sept. 20, 1955, unless otherwise noted.

§ 6.71 General statement.

The proclamation issued by the President of the United States on September 5, 1939 (Proc. 2351, 4 FR 3822; 3 CFR, Cum Supp. (1943), placed limitations upon the importation or withdrawal from warehouse for consumption of certain cotton and cotton waste. The proclamation issued by the President on March 31, 1942 (Proc. 2544, 7 FR 2587; 3 CFR, Cum. Supp. (1943), suspends the proclamation of September 5, 1939, as to cotton produced in the United States, sold for export and actually exported on or after January 31, 1940, where the Secretary of Agriculture certifies that there has been exported without benefit of subsidy, as an offset to the proposed reentry, an equal or greater number of pounds of cotton produced

in the United States, of any grade or staple length. Such a certificate is required by the provisions of the proclamation whether or not a subsidy program is in effect. The regulations in this subpart state the procedure to be followed in order to obtain such a certificate from the Secretary of Agriculture.

§ 6.72 Reentry cotton.

The cotton which is to be reentered into the United States (referred to as "reentry cotton” in this subpart) must have been produced in the United States, sold for export, and actually exported on or after January 31, 1940. § 6.73 Offset cotton.

In order to reenter any such reentry cotton, an equal or greater number of pounds of cotton (referred to in this subpart as "offset cotton") must have been exported. The offset cotton must have been exported by the person or firm desiring to make the reentry, must have been exported without benefit of subsidy, and must have been shipped as an offset to the proposed reentry.

1

3

3

A certified copy of the sales for cotton, agreement covering the offset is the (This may be omitted if it exports same as above.)

A sworn statement that, to the best of the importer's knowledge and belief the reentry cotton was grown in the United States.

A sworn statement that, to the best of the importer's knowledge and belief, the offset cotton was grown in the United States, and that the cotton was exported without benefit of subsidy.

A certified copy of the invoice covering the reentry cotton.

A certified copy of the weight sheet or mill's invoice covering the rejected (reentry) cotton.

A certified copy of the invoice covering the offset cotton.

1

1

8

1

3

Certified copies of the bill of lading covering the offset cotton.

A certified copy of the bill of lading covering the reentry of cotton.

$6.75 Certificate and authorization.

Authority to issue certificates that offset cotton has been exported is hereby delegated to the Director, Import Division, Foreign Agricultural Service. When such certificates are issued, they will be transmitted to the Bureau of Customs, Treasury Department, Washington, D.C., for appropriate action, and the authorizations for the reentry of cotton will be issued by the Bureau of Customs upon the basis of such certificates. It will also be necessary for the importer to secure a permit to import the reentry cotton from the Plant Quarantine Division, Agricultural Research Service of the United States Department of Agriculture.

7.5

SELECTION OF COMMITTEES

Method.

Who may vote for community committee members and delegates.

7.6 Restrictions on voting.

7.7 Determination of elective areas.

7.8 Calling of elections.

7.9 Conduct of community elections. 7.10 Conduct of county convention.

7.11 Election of community committee and delegates to the county convention. Election of the county committee. Tie votes.

7.12

7.13

7.14

Vacancies.

7.15

Appeals.

ELIGIBILITY REQUIREMENTS

7.16 County committee members, community committee members, and delegates. 7.17 All other personnel.

7.18

Dual office.

TERMS OF OFFICE

7.19 County and community committee members.

7.20 Delegates to the county convention.

REMOVAL FROM OFFICE OR EMPLOYMENT 7.29 County and community committee members and delegates to the county convention; county office personnel. 7.30 Delegation of authority to Deputy Administrator.

7.31 Right of review.

7.32 Hearing in connection with appeals and requests for reconsideration to Deputy Administrator.

7.33 Findings, analysis, and recommendations of hearing officer.

7.34 Determination of the Deputy Admin

istrator.

CUSTODY AND USE OF BOOKS, RECORDS, AND DOCUMENTS

7.35 Custody. 7.36 Use.