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6.100 Definitions. 6.101 Applicability. 6.102 Adjustments.
CROSS REFERENCE: For United States International Trade Commission regulations on investigations of effects of imports on agricultural programs, see 19 CFR Part 204.
AUTHORITY: Sec. 8, 65 Stat. 75; 19 U.S.C. 1365.
6.20 Determination. 6.21 Definitions. 6.22 Prohibitions and restrictions on im
porters. 6.23 Exceptions. 6.24 Application for license. 6.25 Eligibility. 6.26 Allocation of annual quota and issu
ance of licenses. 6.27 Use of licenses. 6.28 Records and inspection. 6.29 Suspension or revocation of eligibility. 6.30 Adjustment of countries of origin. 6.31 Delegation of authority. 6.32 Supersedure of Import Regulation 1,
revision 6. 6.33 License fee. 6.34 Paperwork Reduction Act assigned
number. APPENDIX 1-ARTICLES SUBJECT TO THE HIS
TORICAL AND NONHISTORICAL LICENSING
QUOTAS FOR EACH QUOTA YEAR
TORICAL AND SUPPLEMENTARY LICENSING
SOURCE: 17 FR 8287, Sept. 16, 1952; 19 FR 57. Jan. 6, 1954, unless otherwise noted.
8 6.2 Responsibility for actions under sec.
tion 22 and section 8(a). The primary responsibility within the Department of Agriculture for action on matters for which the Secretary is responsible under section 22 of the Agricultural Adjustment Act of 1933, as amended, and section 8(a) of the Trade Agreements Extension Act of 1951 is assigned to the Administrator, Foreign Agricultural Service (referred to in this part as the “Administrator”), but the other offices, agencies, and bureaus of the Department whose activities will be affected by any
Subpart-Price-Undercutting of Domestic
Cheese by Quota Cheeses
action under section 22 or section 8(a) shall be consulted by the Administrator in discharging his responsibility under this part.
8 6.3 Requests by interested persons for
action by Department of Agriculture. (a) Section 22. A request for action under section 22 should be submitted in duplicate to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington 25, D.C. Such request shall include a statement of the reasons why action would be warranted under section 22 and shall be supported by appropriate information and data.
(b) Section 8(a). A request for action under section 8(a) should be submitted in duplicate to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington 25, D.C. Such request shall include a statement of the reasons why the commodity is perishable, and why, due to such perishability, a condition exists requiring emergency treatment, and shall be supported by appropriate information and data. A request under section 8(a) submitted in connection with a proposed section 7 (Trade Agreements Extension Act of 1951) investigation shall not be acted upon until a section 7 application has been properly filed by the person making the request with the Tariff Commission, and a copy of such application and supporting information and data are furnished the Administrator.
ly filed with the Tariff Commission under section 7; (2) a request is received for emergency treatment under section 22 if the Administrator determines that there is reasonable ground to believe that the imposition of import quotas or fees under section 22 may be warranted; or (3) the Administrator, upon the basis of other information available to him, has reasonable ground for believing that emergency treatment under section 8(a) is necessary. The Administrator shall expedite to the fullest practicable extent his attention to requests for emergency treatment under section 8(a), and such requests shall receive priority over requests for other action under section 22. The investigation shall cover (1) whether the commodity is a perishable agricultural commodity; (2) whether, due to the perishability of the commodity, a condition exists requiring emergency treatment as indicated by such factors as (i) the marketing season for the commodity, (ii) past and prospective domestic production, stocks, requirements, and prices, (iii) past and prospective imports; and (3) such other matters as the Administrator determines are relevant to a determination as to whether emergency treatment for the commodity is necessary. No public hearing shall be held in connection with investigations under this paragraph.
8 6.4 Investigations.
(a) Section 22. The Administrator shall cause an investigation to be made whenever, based upon a request submitted pursuant to $ 6.3 or upon other information available to him, he determines that there is reasonable ground to believe that the imposition of import quotas or fees under section 22 may be warranted, or that the termination or modification of import quotas or fees in effect under section 22 may be warranted.
(b) Section 8(a). The Administrator shall cause an immediate investigation to be made whenever (1) a request is received for emergency treatment in connection with an application proper
8 6.5 Hearings under section 22.
The Administrator is authorized to provide for such public hearings as he deems necessary to discharge the responsibility for action under section 22 vested in him by $$ 6.2 and 6.4(a). In view of the need, however, for prompt action on requests for action under section 22, public hearings shall be held in connection with investigations conducted under $ 6.4(a) only when the Administrator determines that a public hearing is necessary to obtain supplementary information not otherwise available. Any public hearing which is held shall be conducted by representatives designated for the purpose by the Administrator; shall be preceded by such public notice as, in the opinion of the Administrator, will afford interested persons reasonable opportunity to attend and present information; and minutes of the proceedings at such hearing shall be obtained. Hearings shall be informal and technical rules of evidence shall not apply. Such hearings are for the purpose of obtaining information for the assistance of the Secretary. However, in discharging his responsibilities under section 22, the Secretary is not restricted to the information adduced at the hearings. 8 6.6 Submission of recommendations
under section 22. (a) The Administrator shall make a report to the Secretary upon the completion of each investigation made by him pursuant to $ 6.4(a). The report shall summarize the information disclosed by the investigation; shall contain the recommendations of the Administrator; and, in case action under section 22 is recommended, shall be accompanied by a suggested letter from the Secretary to the President recommending that the Tariff Commission be directed to conduct an investigation. Such report shall be submitted to the other offices, agencies, and bureaus of the Department of Agricul. ture whose activities would be affected, for concurrence or comment.
(b) The Secretary will recommend that the President direct the Tariff Commission to conduct an investigation under section 22 only if he has reason to believe, upon the basis of the information available to him, that import quotas or fees should be imposed.
mendation as to whether such emergency treatment should take the form of action by the President prior to receiving the recommendations of the Tariff Commission, or whether a deci. sion by the President may appropriately be withheld until the recommendations of the Tariff Commission are received. If emergency treatment requested is not recommended, the report to the Secretary shall be accompanied by suggested letters from the Secretary to the petitioner and the Tariff Commission stating the action taken.
(b) Section 7. The Administrator shall make a report to the Secretary upon the completion of each investigation made by him pursuant to $ 6.4(b). The report shall summarize the information disclosed by the investigation, including the points listed in $ 6.4(b) which were considered in reaching the recommendation, and shall contain the recommendations of the Administrator as to whether or not emergency treatment is required. If emergency treatment is recommended, the report shall discuss the condition which requires emergency treatment and shall be accompanied by suggested letters from the Secretary to the President, to the Tariff Commission, and to the petitioner advising them of the Secretary's determination. The suggested letter from the Secretary to the Presi. dent shall include a recommendation as to whether such emergency treatment should take the form of action by the President prior to receiving the recommendations of the Tariff Commission, or whether a decision by the President may appropriately be withheld until the recommendations of the Tariff Commission are received. If emergency treatment is not recommended, the report to the Secretary shall be accompanied by suggested letters from the Secretary to the petitioner and to the Tariff Commission stating the action taken. Each such report shall be submitted to the other offices, agencies, and bureaus of the Department of Agriculture whose activities would be affected, for concurrence or comment.
8 6.7 Submission of recommendations
under section 8(a) (emergency treat
ment). (a) Section 22. The Administrator's report submitted pursuant to $ 6.6 shall indicate whether or not emergency treatment is necessary. If emergency treatment is recommended, the report shall discuss the condition which requires emergency treatment and be accompanied by suggested letters from the Secretary to the President, to the Tariff Commission, and to the petitioner (if any) advising them of the Secretary's determination. The suggested letter from the Secretary to the President shall include a recom
8 6.8 Representation at Tariff Commission
hearings. The Department of Agriculture shall be represented at all hearings conducted by the Tariff Commission under section 22 by persons designated by the Administrator, assisted by a representative of the Office of the General Counsel. Such representatives shall present the recommendations of the Department of Agriculture, shall submit such information and data in support thereof as are available, and shall exercise the right of examining other witnesses which is granted to the Secretary. [17 FR 8287, Sept. 16, 1952; 20 FR 1830, Mar. 25, 1955)
termines will, to the fullest extent practicable, result in the fair and equitable allocation among importers or users of the right to import articles subject to such quotas and facilitate the maximum utilization of the respective quotas for such articles, taking due account of any special factors which may have affected or may be affecting the trade in the articles concerned. It is hereby determined that the regulation will, to the fullest extent practicable, accomplish this result.
$ 6.9 Information.
Persons desiring information from the Department of Agriculture regarding section 22 or section 8(a), or any action with respect thereto, should address such inquiries to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington 25, D.C.
Subpart-Section 22 Import Quotas
AUTHORITY: Sec. 3, Pub. L. 80-897, 62 Stat. 1248, as amended (7 U.S.C. 624); secs. 701, 703, Pub. L. 96-39, 93 Stat. 268, 272; Part 3 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202); sec. 501, Pub. L. 82-137, 65 Stat. 290, as amended (31 U.S.C. 9701).
SOURCE: 44 FR 75596, Dec. 20, 1979, unless otherwise noted.
8 6.21 Definitions.
Except where the context otherwise requires, the following terms have the meanings set forth in this section:
(a) “Affiliate” means any person or legal entity which owns or is owned by, in total or in part, directly or indirectly, or controls or is controlled by another person,
persons or legal entity. For a corporation, ownership interest will be the controlling criterion. If 5 percent or more equity interest in the aggregate is owned or controlled in a corporation, partnership, estate, or trust by or for a person, a corporation, a partnership, or a beneficiary of an estate or a trust, the interest will be considered as owned or controlled by the person, partnership, corporation, estate or trust. Ownership interest in any person or legal entity may be attributed to another person or entity in accordance with § 6.25(b)(3), thereby causing the person or entity to whom the ownership interest has been attributed to be defined as an “affiliate" even though such persons or legal entities have no direct relation with each other.
(b) “Annual quota" means the quantity of an article which may be entered in a quota year as provided in Appendix 1 or Appendix 2.
(c) “Appendix 1” means Appendix 1 to this regulation. Definitions of articles in this appendix are the same as those provided in the Tariff Schedules of the United States.
(d) “Appendix 2" means Appendix 2 to this regulation. Definitions of articles in this appendix are the same as those provided in the Tariff Schedules of the United States.
8 6.20 Determination.
Part 3 of the Appendix to the Tariff Schedules of the United States, which contains the quantitative limitations on certain articles imported into the United States proclaimed by the President pursuant to Section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624), provides that certain articles may be entered only by or for the account of a person or firm to which a license has been issued by or under the authority of the Secretary of Agriculture and only in accordance with the terms of such license as set forth in this regulation. Licenses are to be issued under regulations of the Secretary of Agriculture which he de
(e) "Article" means any TSUS item referred to in Appendix 1 or Appendix 2.
(f) “Associate" means a party connected with one or more parties, formally or informally, directly or indi. rectly, with the common purpose of obtaining eligibility for additional li. censes, one party intending to use, (and benefit economically from such use) directly or indirectly the licenses that the other may acquire. Two or more associates of a third party shall not be deemed to be associates of one another due to such third-party association only.
(g) “Authorized agent” means an agent as used in 19 CFR 141.31(a) for whom the licensee has filed with the District Director of Customs a limited power of attorney using Customs Form 5291 authorizing such agent to act for, but only in, the licensee's name.
(h) “Basic annual allocation” refers to historical quota shares only and means the quota share of a licensee for an article before any reduction as authorized under $ 6.26(d) has been effected. It will be calculated on the basis of the annual average amount entered by a licensee during a predetermined representative base period.
(i) “Cheese or cheese products" means those cheeses and cheese prod. ucts for which standards of identity have been promulgated by the Food and Drug Administration and/or which are encompassed within Part 133 of Title 21 (Food and Drugs) of the Code of Federal Regulation as of December 20, 1979.
(j) “Country of origin" and/or “Supplying country" mean the country in which the article subject to the regulation was produced or manufactured as defined under 19 CFR 134.1(b).
(k) “Date of entry” is the date when the specified Customs entry form is properly executed and deposited, together with estimated duties and any related documents required by law or regulation to be filed with such form at the time of entry, with the appropriate Customs Officer.
(1) “Department” means the United States Department of Agriculture.
(m) “EC” means the twelve Europe. an Community countries, viz., Bel
gium, Denmark, the Federal Republic of Germany, France, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain and the United King. dom, which for the purposes of this regulation shall be deemed as one country of origin.
(n) "Eligible applicant" means person applying for a license to enter an article who has established, to the satisfaction of the Licensing Author. ity, eligibility to enter such article, in accordance with $ 6.25.
(0) "Enter" means to make entry, or withdrawal from warehouse, for consumption by deposit with, and acceptance by, the appropriate Customs officer of the properly executed entry documents, including invoices, bills of lading and payment of estimated duties.
(p) “Entire dairy products business" means the total assets and operations of the foreign and domestic aspects of a business pertaining to articles subject to the provisions of this regulation.
(q) “Entrepreneurial use" means the processing or sale of the article entered pursuant to the license as a part of the ordinary conduct of business by a licensee who is managing and assuming the risk of such business. Such term does not include one who is functioning as a mere supplier of license.
(r) “Licensee" means any person to whom a license has been issued under the regulation.
(s) “Licensing authority” means the Head, Import Licensing Group, Dairy, Livestock and Poultry Division, Foreign Agricultural Service, U.S. Department of Agriculture, or in his or her absence the Import Quota Specialist, or any other officer or employee of the Department designated in writing as the Acting Head.
(t) "Other countries” refers to countries sharing a common quota which
not listed as having separate quotas in part 3 of the appendix to the Tariff Schedules of the United States, and for the purposes of the regulation are deemed as one country of origin.
(u) “Person" includes any individual, firm, corporation, partnership, association, or other legal entity. It also includes any national government (other