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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.
8 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 polyhy. dric 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. 8 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 bo 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. 8 6.57 Default.
Upon a failure to comply with the provisions of this subpart the
8 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 substitute 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.
8 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
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.
8 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.
A certified copy of the sales for export agreement
covering the reentry cotton. 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 import
er's knowledge and belief the reentry cotton was
grown in the United States. A sworn statement that, to the best of the import
er'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. A certified copy of the bill of lading covering the
reentry of cotton. Certified copies of the bill of lading covering the
offset cotton. A landing certificate covering the reentry cotton. A landing certificate covering the offset cotton. A statement from the carrier showing actual expor.
tation of the reentry cotton may be furnished in lieu of a bill of lading and landing certificate covering the reentry cotton, if preferred.
1 3 1
& 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.
(b) The exporter's marks or other means of identification should be shown on the documents covering the reentry cotton and the offset cotton. The port through which the cotton is to be reentered must be named, and separate documents must be submitted for each port.
(c) All documentary evidence must be listed on a schedule and transmitted to the Director, Import Division, Foreign Agricultural Service, United States Department of Agriculture, Washington, D.C. 20250.
8 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.
8 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
8 6.74 Documentary requirements.
(a) The person or firm desiring to reenter any cotton must submit documentary evidence sufficient to establish his right to reenter the cotton. The following suggested documents will ordinarily be sufficient:
United States Department of Agriculture.
one or more of the elements comprising the Market Stabilization Price then in effect, the Secretary shall adjust the Market Stabilization Price to reflect that change.
Subpart-Calculation of Market
AUTHORITY: Presidential Proclamation No. 5002, 47 FR 54269.
SOURCE: 50 FR 36040, Sept. 5, 1985, unless otherwise noted. Redesignated at 55 FR 41502, Oct. 12, 1990)
PART 7-SELECTION AND FUNC
TIONS OF AGRICULTURAL STABILIZATION AND CONSERVATION STATE, COUNTY AND COMMUNITY COMMITTEES
8 6.100 Definitions.
(a) Market Stabilization Price (MSP) means the sum of (1) The price support level for the applicable fiscal year, expressed in cents per pound of raw cane sugar; (2) adjusted average transportation costs; (3) interest costs, if applicable; and (4) 0.2 cent. The adjusted average transportation costs shall be the weighted average cost of handling and transporting domestically produced raw cane sugar from Hawaii to Gulf and Atlantic Coast points, as determined by the Secretary. Interest costs are the amount of interest, as determined and estimated by the Secretary, that would be required to be paid by a recipient of a price support loan for raw cane sugar upon repayment of the loan at full maturity. Interest costs shall only be applicable if a price support loan recipient is not required to pay interest upon forfeiture of the loan collateral.
(b) Secretary means the Secretary of Agriculture or any officer or employee of the U.S. Department of Agriculture to whom the Secretary has delegated the authority or to whom the authority may hereafter be delegated to act in the Secretary's place. 8 6.101 Applicability.
Any Market Stabilization Price calculated by the Secretary shall be published in the FEDERAL REGISTER and shall be effective no earlier than the date of publication. A Market Stabilization Price so published will remain effective until terminated, suspended or modified by the Secretary in a subsequent publication in the FEDERAL REGISTER.
Sec. 7.1 Administration. 7.2 General. 7.3 Definitions. 7.4 Selection of committee members. 7.5 Eligible voters. 7.6 Determination of elective areas. 7.7 Calling of elections. 7.8 Conduct of community committee elec
tions. 7.9 Election of community committee
members, delegates to local administrative area and county conventions, and
county committee members. 7.10 Conduct of county convention. 7.11 County committee members. 7.12 Tie votes. 7.13 Vacancies. 7.14 Appeals. 7.15 Eligibility requirements of county
committee members, community com
mittee members, and delegates. 7.16 Eligibility requirements of all other
personnel. 7.17 Dual office. 7.18 Terms of office of county and commu
nity members. 7.19 Terms of office of delegates to the
conventions. 7.20 State committee duties. 7.21 County committee duties. 7.22 Community committee duties. 7.23 Chairperson of the county committee
duties. 7.24 Chairperson of the community com
mittee duties. 7.25 County executive director duties. 7.26 Private business activity and conflicts
of interest. 7.27 Political activity. 7.28 Removal from office or employment
for cause. 7.29 Delegation of authority to Deputy Ad
ministrator. 7.30 Right of review. 7.31 Hearing in connection with appeals
and requests for reconsideration to
Deputy Administrator. 7.32 Findings, analysis, and recommenda
tions of hearing officer.
8 6.102 Adjustments.
If the Secretary determines that there is a significant change in any
carry out the programs and functions of the Secretary.
Sec. 7.33 Determination of the Deputy Admin
istrator. 7.34 Custody and use of books, records, and
documents. 7.35 Administrative operations. 7.36 Implementation. 7.37 Applicability. 7.38 Retention of authority.
AUTHORITY: Secs. 4 and 8 of the Soil Conservation and Domestic Allotment Act, as amended; 49 Stat. 164 and 1149, as amended (16 U.S.C. 590d and 590h).
SOURCE: 52 FR 48512, Dec. 23, 1987, unless otherwise noted.
8 7.3 Definitions.
The terms defined in Part 719 of this title governing the reconstitution of farms shall also be applicable to this part.
87.4 Selection of committee members.
State committee members shall be selected by the Secretary and shall serve at the pleasure of the Secretary. County and community committee members shall be elected in accordance with $ 7.9 of this part.
8 7.1 Administration.
(a) The regulations of this part are applicable to the election and functions of community and county Agricultural Stabilization and Conservation (“ASC”) committee and the functions of State ASC committees (“community”, “county”, and “State committees”, respectively). State, county, and community committees shall be under the general supervision of the Administrator, Agricultural Stabilization and Conservation Service (“ASCS").
(b) State, county, and community committees, and representatives and employees thereof, do not have authority to modify or waive any of the provisions of this part.
(c) The State committees shall take any action required by these regulations which has not been taken by the county committee. The State committee shall also:
(1) Correct, or require a county committee to correct, any action taken by such county committee which is not in accordance with this part, or
(2) Require a county committee to withhold taking any action which is not in accordance with this part.
(d) No provision or delegation herein to a State or county committee shall preclude the Administrator, ASCS, or a designee of the Administrator, from determining any question arising under this part, or from reversing or modifying any determination made by a State or county committee.
87.5 Eligible voters.
(a) Voters eligible to participate in:
(1) The direct election of county committee members and
(2) Community committee elections shall be persons who meet the requirements of paragraphs (b) and (c) of this section.
(b) Any person, regardless of race, color, religion, sex, age, or national origin, who has an interest in a farm as owner, operator, tenant, or sharecropper and who is of legal voting age in the State in which the farm is located, and any person not of such legal voting age who is in charge of the supervision and conduct of the farming operations on an entire farm, shall be eligible to vote for direct election of county committee members or community committee members if such person is eligible to participate with respect to the farm in any program administered by the county committee.
(c) In any State having a community property law, the spouse of a person who is eligible to vote in accordance with paragraph (b) of this section shall also be eligible to vote.
(d) If an eligible voter is an entity other than an individual, the eligible voter's vote may be cast by a duly authorized representative of such entity, as determined by the Deputy Administrator, State and County Operations, ASCS (“Deputy Administrator").
(e) Each county office shall have a list of eligible voters for each community within the county available for public inspection in advance of the community committee election.
8 7.2 General.
State, county, and community committees shall, as directed by the Secretary of a designee of the Secretary,
(f) Each eligible voter shall be entitled to only one ballot in any election held in any one local administrative area. If the eligible voter has an interest in land located in more than one community in the county, such voter shall not be entitled to vote in more than one community in the county. There shall be no voting by proxy.
8 7.7 Calling of elections.
(a) Each election of community committee members shall be held on a date, or within a specified period of time, determined by the Deputy Administrator. Such date or period of time shall fall within a period beginning on or after July 1 and ending not later than December 30 each year. Each such election shall be held in accordance with instructions issued by the Deputy Administrator which shall be available for examination in each county office.
(b) If the number of eligible voters voting in any election of community committee members is so small that the State committee determines that the result of the election does not represent the views of a substantial number of eligible voters, the State committee shall declare the election void and call a new election. If it is determined by the State committee that the election for any position on a community committee has not been held substantially in accordance with official instructions, the State committee shall declare such election void and call a new election.
$ 7.6 Determination of elective areas.
(a) Local administrative areas and communities. (1) Except as provided in paragraph (b) of this section, there shall be three local administrative areas in each county. With respect to Alaska, the term "county" shall be the area so designated by the State committee.
(2) Each local administrative area shall have at least one community committee consisting of three members.
(3) The boundaries of the communities and local administrative areas shall be determined by the State committee after considering recommendations by the county committee.
(b) Exceptions to general rule. (1) A local administrative area may have more than one community committee if the county had more than three community committees on December 23, 1985.
(2) In counties with less than 150 producers, the county committee may reduce the number of communities to one.
(3) The Deputy Administrator may include more than one county or parts of different counties in a community if it is determined that there is an insufficient number of producers in an area to establish a slate of candidates for a community committee and hold an election.
(4) In counties which had less than three communities on December 23, 1985, the county committee may establish one community for the county.
(5) In any county where there is only one community, the community committee shall be the county committee.
(c) The county committee shall give public notice of the community boundaries in advance of the election.
$ 7.8 Conduct of community committee
elections. (a) The county committee serving at the time shall be responsible for the conduct of community committee elections in accordance with instructions issued by the Deputy Administrator.
(b) Elections shall not be associated with, or held in conjunction with, any other election or referendum conducted for any other purpose.
(c) The county committee shall give advance public notice of how, when, and where eligible voters may vote; when and where the votes will be counted; and the right to witness the vote counting.
(d) All nominees shall be notified in writing of the outcome of the election by the county executive director.
8 7.9 Election of community committee
members, delegates to local administrative area and county conventions, and
county committee members. (a) Where there are three local administrative areas as provided in $ 7.6