Code of Federal Regulations: Containing a Codification of Documents of ...

USDA, Washington, D.C. 20250. The U.S. supplier shall submit, with the contract specifications, the names of the port(s) of exportation.

(b) Sampling: The drawing of samples shall be performed by the Inspection Branch, Grain Division, AMS, at point of loading to vessel not more than fifteen (15) days prior to loading to vessel.

(d) Analysis: The quality of the corn meal exported shall be determined by the Inspection Branch, Grain Division, AMS.

(e) Weighing: The corn meal to be exported shall be checkloaded at the mill at the time of loading to sealed cars or trucks for shipment to port of export, or at the port of export while the corn meal is at port under the control of the Port Authority by the Inspection Branch, Grain Division, AMS, to determine (i) gross weight, (ii) net weight, and (iii) tare weight.

(f) Bags specifications: Compliance with contract specifications and suitability of bags for export shall be determined by an independent surveyor. Each bag shall be marked with the name of the importing country and the purchase authorization number.

(5) Quality discount for corn meal-not meeting specifications: If the quality of the corn meal does not meet the quality specifications required by paragraph (3) of this section, but falls within the limits listed below, the maximum price financed by CCC will be the contract price, less the applicable discount shown below for each 100 pounds of corn meal. Corn meal will not be financed which deviates from specifications more than the limits indicated below.

(E) Cracked corn or corn meal.

(1) Notification of sale by supplier: The supplier shall, immediately after the date of export sale, furnish a written or telegraphic notification of sale to the Office of the General Sales Manager (OGSM), USDA, Washington, D.C. 20250. Such notification should not be withheld for performance of contract provisions which make a contract conditional on the occurrence of centain events, for instance, on the receipt of acceptable letters of credit or delivery instructions. Similarly, notifications should not be delayed pending receipt from a sales agent of individual contract numbers or buyers names and addresses for sales negotiated by the sales agent with a group of buyers under identical terms. Written notification of any contract amendments shall also be furnished to the GSM immediately after the date of the amendment. If the supplier fails to furnish the notification within 5 days after the date of export sale, or the date of an amendment to the contract if applicable, CCC shall have the right to refuse to finance the sale under the program. The following information shall be included in the written notification of the sale:

Supplier's name and address.

Purchase authorization number.
Name of importer.

Sales contract or order number, if any.
Date and time of sale.

Complete commodity description (give full contract specifications including quality factors).

Complete pack and package material specification.

Quantity expressed in contract units and 100 pounds net weight. Indicate separately, by percentage, the loading tolerance provided for in the contract (not to exceed 10 percent, more or less). If the contract does not provide for a loading tolerance indicate "no loading tolerance." Also set forth separately contract options for additional quantities exercisable by the supplier or the foreign buyers. If there are no such options indicate "no options." Contract options for additional quantities exercisable by the supplier or foreign buyer shall not exceed 10 percent of the original contract quantity, exclusive of consideration of loading tolerance. Larger quantities must be contracted separately.

Price per contract unit and per 100 pounds.

Delivery terms (f.o.b., f.a.s., etc.) and coastal range of export (specify Pacific, Gulf, Atlantic, Great Lakes or St. Lawrence River ports and any option to be exercised by the exporter and/or foreign importer). Contract delivery schedule.

Name and address of sales agent, if any.

The supplier will be notified by letter, and by telephone if requested, from the GSM promptly after receipt of the notification of sale or notification of any amendments to the contract as to whether or not the price is approved for financing.

When a price is disapproved, the supplier shall have 5 calendar days following the date of the notification of sale within which to submit a price which may be approved by the GSM. During such 5-day period, USDA will not recognize any new sale between the same supplier and foreign buyer in substitution of the original transaction. If an acceptable price is not submitted within such 5-day period, the original notification of sale, any subsequent notification of price adjustments and the related contract between supplier and the foreign buyer shall, for purposes of the price review program be considered null and void. Any subsequent negotiations after expiration of such 5-day period which result in a contract between the supplier and the same foreign buyer shall be subject to the submission of a new notification of sale.

(2) Contract approval: Contracts between suppliers and importers made subject to the applicable purchase authorization shall be deemed to be conditioned on the approval by OGSM, of the supplier, the supplier's agent if any, and the contract price.

(3) Inspection and weight: The yellow corn from which the commodity was processed must grade No. 4 or better as determined by an inspector holding a license E under the U.S. Grain Standards Act. The processed commodity shall be checkloaded by or under the supervision of the Grain Division, AMS, at the time of loading for shipment to port for export or at time of loading to vessel.

(4) Kind and size of bags: The contract shall specify the kind and size of bags and whether such bags are new or used.

(F) Soybean oil or cottonseed oil.

(1) Notification of sale by supplier: The supplier shall, immediately after the date of export sale, furnish a written or telegraphic notification of sale to the Office of the General Sales Manager (OGSM), USDA, Washington, D.C. 20250. Such notification should not be withheld for performance of contract provisions which make a contract conditional on the occurrence of certain events, for instance, on the receipt of acceptable letters of credit or delivery instructions. Similarly, notification should not be delayed pending receipt from a sales agent of individual contract nu nbers or buyers names and addresses for sales negotiated by the sales agent with a group of buyers under identical terms. Written notification of any contract amendments shall also be furnished to the GSM immediately after the date of the amendment. If the supplier fails to furnish

the notification within 5 days after the date of export sale, or the date of an amendment to the contract if applicable, CCC shall have the right to refuse to finance the sale under the program. The following information shall be included in the written notification of the sale:

Supplier's name and address.

Purchase authorization number.
Name of importer.

Sales contract or order number, if any.
Date of sale.

Complete commodity description (give full contract specifications including quality factors).

If other than bulk shipment, show complete pack and package material specification.

Quantity expressed in contract units and pounds. Indicate separately, by percentage, the loading tolerance provided for in the contract (not to exceed 10 percent, more or less). If the contract does not provide for a loading tolerance indicate "no loading tolerance." Also set forth separately contract options for additional quantities exercisable by the supplier or the foreign buyers. If there are no such options indicate "no options." Contract options for additional quantities exercisable by the supplier or foreign buyer shall not exceed 10 percent of the original contract quantity, exclusive of consideration of loading tolerance. Larger quantities must be contracted separately.

Price per contract unit and per pound.

Name and address of sales agent, if any.

When a price is disapproved, the supplier shall have 5 calendar days following the date of the notification of sale within which to submit a price which may be approved by the GSM. During such 5-day period, USDA will not recognize any new sale between the same supplier and foreign buyer in substitution of the original transaction. If an acceptable price is not submitted within such 5-day period, the original notification of sale, any subsequent notification of price adjustments and the related contract between supplier and the foreign buyer shall, for purposes of the price review program, be considered null and void. Any subsequent negotiations after expiration of such 5-day period which result in a contract between the supplier and the same foreign buyer

shall be subject to the submission of a new notification of sale.

(3) Quality and containers: Contracts for cottonseed and/or soybean oil will not be eligible for financing unless the oil meets quality specifications as provided in the applicable purchase authorization. If the commodity is to be purchased in drums, they must be new or reconditioned drums, if in barrels, they must be new barrels, and if in bags, the contract must state the type, size and weight of the bags.

(4) Sampling and analysis:

(a) Ten (10) days prior to sampling the supplier must furnish contract specifications regarding quality, in duplicate, to the Program Operations Division, OGSM, USDA, Washington, D.C. 20250, together with the name and address of the persons, firms or agency that will perform the sampling and analysis service and the location of the oil and dates when available for sampling.

(b) The drawing of samples and laboratory analysis may be performed by the Inspection Branch, Grain Division, AMS, or by independent surveyor(s) and commercial laboratories mutually agreeable to the importer and the supplier. The chemical analysis by commercial laboratories must be performed under procedures prescribed in the Trading Rules of the National Soybean Processors Association, or in the Trading Rules of the National Cottonseed Products Association.

If the services are performed by independent surveyor(s) and commercial laboratories, OGSM may at any time request the Inspection Branch, Grain Division, AMS, to draw check samples and perform check analysis. The cost of such check sampling and analysis will be for the account of CCC. (c) Bulk oil: For bulk oil, the samples shall be obtained in accordance with American Oil Chemists' Society Method C 1-47.

(d) Oil in drums or barrels: For oil in drums or barrels, samples shall be drawn not more than 30 days prior to onboard date shown on the ocean bill of lading, while the containers are being filled.

(e) Flakes in bags: For flakes in bags, samples shall be drawn from 10 percent of bags selected at random at the time and point of loading to vessel.

(5) Weighing: Determination of weight shall be by an independent surveyor or independent weighmaster.

(a) Bulk oil: The weight shall be determined at the time of loading aboard the vessel.

(b) Oil in drums or barrels: The weight of the oil in drums or barrels shall be determined at time of filling the containers.

(6) Surveying of containers:

(a) Bulk oil: Each tank into which the oil is to be loaded shall be examined by an independent surveyor prior to loading to determine that the tank(s) are clean and otherwise suitable for receipt of the oil.

(b) Oil in drums: Drums shall be examined, prior to filling, by an independent surveyor. The drums shall be new or reconditioned and shall be rejected if mechanically unsound, contaminated with previous contents, or printed with labels or markings for other commodities. The weight of each drum shall be determined at the time of inspection for the purpose of establishing the tare and weight.

(c) Oil in barrels: Barrels must be new and shall be examined prior to filling by an independent surveyor. They shall be rejected if mechanically unsound, or printed with labels or markings for other commodities. The weight of each barrel shall be determined at the time of inspection for the purposes of establishing the tare weight.

(d) Flakes in bags: Suitability of bags for export and compliance with contract specifications shall be determined by an independent surveyor.

(7) Markings: Markings requested by the importer shall be stenciled on the drums, barrels or bags and shall include the name or symbol of the supplier, the purchase authorization number and the name of the importing country.

(G) Unmanufactured and/or products.

(1) Unmanufactured tobacco.

tobacco

(a) Prices, loading on vessel, and weights: A determination that the supplier's prices are not in excess of the prices which may be approved pursuant to the regulations shall be made by the Producer Associations Division, ASCS, Washington, D.C. 20250, following examination at port of loading to vessel. The following certificates shall be required: (i) For tobacco examined at the loading pier, a certification by an official of the port authority that the tobacco was loaded on board vessel; and (ii) for tobacco examined at a public warehouse in the port area, a certification by a warehouse official that the tobacco was consigned to the port authority and a certification by an official of the port authority that such tobacco was received and was loaded aboard vessel. Weights shall be determined as provided in the Tobacco Export Program Regulations (31 FR 12997) as amended.

(b) Notification of sale by supplier: As soon as possible after the contract is signed

and at least 10 days prior to exportation the supplier must notify the Director, Producer Associations Division, ASCS, USDA, Washngton, D.C. 20250, of the date and port at which the tobacco or tobacco products will be available for examination together with contract data as follows:

Supplier's name and address.

Purchase authorization number.
Country of destination.

Commodity description including hogshead or shipping numbers, grade, number of cases, type, and selling price per hundred weight.

Name and address of the sales agent, if

any.

Such additional information as may be required by the Director, Producer Associations Division, ASCS.

(c) Markings: In addition to other markings required by the importer, there shall be stenciled on each hogshead or case the hogshead or case number (or designated shipping number), gross weight, purchase authorization number and name of country of destination.

(d) Costs of inspection and other services: Any costs involved in the examination of the tobacco, and for services of port officials, warehouse officials and weighmasters as required by these regulations will be for the account of the supplier.

(e) Contents: The unmanufactured tobacco shall not include cigar cuttings, cigar trimmings, siftings, stems (except the stem of the leaf sold), homogenized leaf, or scrap: Provided, however, That the cigar types of tobacco processed into "short filler" lengths shall not be considered scrap.

(2) Tobacco products, cigarettes, and/or packaged and cut tobacco.

(a) CCC financing: The portion of the contracted price which will be financed by CCC, unless otherwise specified in the purchase authorization, is as follows:

Cigarettes:

Nonfilter Standard Brands (including alltobacco tip standard brands) $2.25 per thousand.

Filter and "Economy" brands-$1.75 per thousand.

Pipe and Cut Tobacco-75 percent of the unit price.

(b) Contracts: All contracts between suppliers and importers shall state:

The tobacco products, the quantity, the contract unit price, and the total contract price of such product.

The portion of the contract unit price of the tobacco product to be financed by CCC which represents the unmanufactured U.S. leaf tobacco used in its manufacture.

The portion of unit price of the tobacco product to be financed by the importer.

(3) Tobacco products-cased and shredded tobacco.

(a) Price, loading on vessel, and weights: A determination that the supplier's prices are not in excess of the prices which may be approved pursuant to the regulations shall be made by the Producer Associations Division, ASCS, Washington, D.C. 20250, following examination at port of loading to vessel. In the case of tobacco examined at the loading pier, a certification by an official of the port authority that the tobacco was loaded on board vessel is required; and in the case of tobacco examined at a public warehouse in the port area, a certification by a warehouse official that the tobacco was consigned to the port authority and a certification by an official of the port authority that such tobacco was received and was loaded aboard vessel are required. Weights shall be determined as provided in the Tobacco Export Program Regulations (31 FR 12997) or as amended.

(b) Notification of sale by supplier: As soon as possible after the contract is signed and at least 10 days prior to exportation the supplier must notify the Director, Producer Associations Division, ASCS, USDA, Washington, D.C. 20250, of the date and port at which the tobacco or tobacco products will be available for examination together with contract data as follows:

Supplier's name and address.

Purchase authorization number.
Country of destination.

The basis of the contract in terms of the f.a.s. (vessel) value of the untreated case or shredded tobacco to be included in the tobacco products as follows:

(d) Costs of inspection and other services. Any cost involved in the examination of the tobacco, and for services of port officials, warehouse officials and weighmasters as required by these regulations will be for the account of the supplier.

(e) Contents: The unmanufactured leaf from which the tobacco product is made shall not include cigar cuttings, cigar trimmings, siftings, stems (except the stem of the leaf sold), homogenized leaf, or scrap: Provided, however, the cigar types of tobacco processed into "short filler" lengths shall not be considered scrap.

(f) CCC financing exclusive of any freight and insurance: CCC financing exclusive of any freight and insurance will be the lesser of (i) the amount determined by CCC to represent the f.a.s. value of the untreated cased tobacco or shredded tobacco contained in the tobacco products, or (ii) the contract price less the cost of the flavoring, casing material, and other tobacco added including its application, as evidenced by FAS Form 480-C.

(g) Contracts: All contracts between suppliers and importers shall state:

The tobacco product, the quantity, the contract unit price, and the total contract price of such product;

The portion of the contract unit price of the tobacco product to be financed by CCC which represents the unmanufactured U.S. leaf tobacco used in its manufacture;

The portion of the unit price of the tobacco product to be financed by the importer. (H) Rice, milled and/or brown in bags and/or bulk:

(1) Rice Export Program: Contracts will not be eligible for financing unless the supplier has complied with the requirements of the "Rice Export Program (GR-369), Terms and Conditions" as amended or revised, as they pertain to sales pursuant to these regulations. The above shall apply even though the export payment is zero.

(2) Contract approval: Contracts between suppliers and importers shall be deemed to be conditioned on the approval by OGSM, of the supplier, the supplier's agent, if any, and the contract price. Contracts shall be expressed in price terms per cwt., and in the unit price to be used in invoicing as well. Both the price per cwt. and such other unit price as may be intended for use shall be entered on Form CCC-421, Declaration of Sale.

(3) Prices: Supplier's sales price will not be approved for financing if such price exceeds: (a) The prevailing range of export market prices as determined under Section 17.7 of these regulations, and (b) the price stated in the applicable purchase authorization for milled rice, basis U.S. No. 5 (maximum 20 percent broken kernels), in 100 lb. bags, f.a.s. Gulf and West Coast ports, or compa

rable prices for other varieties, grades, qua lities, packaging specifications, and delivery points as determined by the General Sales Manager, OGSM, less in either case the ap plicable export payment rate under Rice Export Program (GR-369), as amended or revised.

Comparable prices may be obtained from the Office of the General Sales Manager (OGSM), Washington, D.C. 20250.

(4) Weights and grades:

(a) Rice in bags: The rice shall be check loaded by or under the supervision of the Grain Division, AMS, at time of loading the rice for shipment to port for export, or at time of loading of rice to ocean vessel & shown on a Commodity Examination Report. Form GR-116.

Grades shall be determined by lot inspec tion by or under the supervision of the Grain Division, AMS, made not more than 15 days prior to loading to ocean vesse while the rice was at port under the supervi sion of the Port Authority.

(b) Rice in bulk: For rice in bulk, weights shall be obtained at point of loading to ocean vessel; or if the supplier has obtained approval from the Director, Program Oper ations Division, OGSM, to furnish weights to be taken at point other than at point of loading to ocean vessel, weights shall be 99.5 percent of the weight shown on a weight certificate (weights to be taken at time of loading to barge less a deduction for the weight of any rice loaded onto the barge which was not unloaded into the ocea vessel, or to be the difference between heavy and light weights of rail car or truck loading direct to ocean vessel). The supplier shall obtain a copy of a Commodity Exami nation Report, Form GR-116, issued by or under the supervision of the Grain Division, AMS, which shows that the rice was transferred from the carrier to ocean vessel in the manner specified in the letter of approv al from the Director, Program Operations Division, OGSM, and containing a notifica tion regarding any rice not so transferred.

Grades shall be determined by lot inspec tion by or under the supervision of the Grain Division, AMS, at point of loading to ocean vessel.

(I) Dry edible beans:

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