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81. Watershed protection and flood prevention.

82. Great plains conservation

83. Soil survey ...........

84. River basin surveys and investigations ..

85. Snow survey and water supply forecasting.

86. Land inventory and monitoring.

Watershed Protection and Flood Prevention Act, as amended, 16

U.S.C. 1001-1008.
Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment

Act, as amended, 16 U.S.C. 590a-5901, 5909.
Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment

Act, as amended, 16 U.S.C. 590a-5901, 5909.
Sec. 6 of the Watershed Protection and Flood Prevention Act, 16

U.S.C. 1006.
Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment

Act, as amended, 16 U.S.C. 590a-5901, 590q.
Secs. 1-6 and 17 of the Soil Conservation and Domestic Allotment

Act, as amended, 16 U.S.C. 590a-5901, 5909: Sec. 302 of the Rural

Development Act of 1972, 7 U.S.C. 1010a.
Soil and Water Resources Conservation Act of 1977, 16 U.S.C. 2001-

2009.
Clean Water Act, 33 U.S.C. 1251-1376.
Secs. 406-413 of the Surface Mining Control and Reclamation Act of

1977, 30 U.S.C. 1236-1243.
Sec. 7 of the Act of June 28, 1938, as amended, 33 U.S.C. 7016-1;

Sec. 403, Agriculture Credit Act of 1978, 16 U.S.C. 2203.
Sec. 13 of the Act of December 22, 1944, 58 Stat. 905.

87. Resource appraisal and program development ..

88. Rural clean water program...
89. Rural abandoned mine program..

90. Emergency watershed protection.

91. Eleven authorized watershed projects...

Administered by the Office of Transportation

92. Transportation services

Sec. 201 of the Agricultural Adjustment Act of 1938, 7 U.S.C. 1291;

Sec. 203() of the Agricultural Marketing Act of 1946, as amended, 7
U.S.C. 1622(1); Sec. 104 of the Agricultural Trade Development and
Assistance Act of 1954, as amended, 7 U.S.C. 1704.

PART 16-LIMITATION ON IMPORTS

OF MEAT

Subpart A-Section 204 Import Regulations

Sec.
16.1 General.
16.2 Definitions.
16.3 Import documentation.
16.4 Transshipment restrictions.
16.5 Quantitative restrictions.

Subpart B-Meat Import Law Regulations

[Reserved) AUTHORITY: Sec. 204, Pub. L. 540, 84th Cong., 70 Stat. 200, as amended (7 U.S.C. 1854), and E.O. 11539 (35 FR 10733), as amended by E.O. 12188 (45 FR 989).

SOURCE: 47 FR 43941, Oct. 5, 1982, unless otherwise noted.

8 16.2 Definitions.

The following terms shall have the meaning set forth in this section:

(a) “Meat” means fresh, chilled or frozen cattle meat (item 106.10 of the Tariff Schedules of the United States (TSUS)), fresh chilled or frozen meat of goats and sheep, except lambs (TSUS 106.22 and 106.25), and prepared and preserved beef and veal, except sausage, if the articles are prepared, whether fresh, chilled, or frozen, but not otherwise preserved (TSUS 107.55 and 107.62), and meats which, but for processing in ForeignTrade Zones, territories, or possessions of the United States prior to entry, or withdrawal from warehouse for consumption, into the United States Customs Territory, would fall within the above descriptions (and TSUS items) upon such entry or withdrawal from warehouse for consumption.

(b) "United States” means the 50 states of the United States, the District of Columbia, and Puerto Rico.

Subpart A-Section 204 Import

Regulations

8 16.1 General.

The regulations set forth in this subpart are issued by the Secretary of Ag. riculture with the concurrence of the Secretary of State and the United States Trade Representative. The Commissioner of Customs has been requested to take such action as is necessary to implement these regulations.

§ 16.3 Import documentation.

Meat subject to the restrictions in 16.4 and 16.5 may not be entered into the Customs Territory of the United States unless there is presented, at

time of entry, documentation establishing (1) that there has been compliance with the applicable conditions of this Subpart A and (2) the country from which the meat was exported in the form in which it would fall within the definition of meat in TSUS items 106.10, 106.22, 106.25, 107.55 and 107.62.

0201.30.60, 0202.10.00, 0202.20.40, 0202.20.60, 0202.30.60, 0204.21.00, 0204.22.40, 0204.23.40, 0204.41.00, 0204.42.40, and 0204.50.00) may be entered or withdrawn from warehouse for consumption in the United States, whether shipped directly or indirectly from New Zealand to the United States. (53 FR 48897, Dec. 5, 1988)

Subpart B-Meat Import Law

Regulations (Reserved]

$ 16.4 Transshipment restrictions.

During calendar year 1988, no meat of Australian or New Zealand origin may be entered or withdrawn from warehouse for consumption in the United States unless (a) it is exported into the Customs Territory of the United States as a direct shipment or on a through bill of lading from the country of origin or, (b) if processed in Foreign-Trade Zones, territories, or possessions of the United States, it is exported into the Customs Territory of the United States as a direct shipment on a through bill of lading from the Foreign-Trade Zone, territory or possession of the United States in which it was processed. (53 FR 40717, Oct. 18, 1988)

PART 17-SALES OF AGRICULTURAL

COMMODITIES MADE AVAILABLE UNDER TITLE I OF THE AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 1954, AS AMENDED

Subpart A-Regulations Governing the Financ

ing of Commercial Sales of Agricultural Commodities

8 16.5 Quantitative restrictions.

(a) Imports for Australia. During calendar year 1988, no more than 811.57 million pounds of meat exported from Australia in the form in which it would fall within the definition of meat in TSUS items 106.10, 106.22, 106.25, 107.55, or 107.62 (Harmonized Tariff Schedule of the United States subheadings 0201.10.00, 0201.20.40, 0201.20.60, 0201.30.40, 0201.30.60, 0202.10.00 0202.20.40, 0202.20.60, 0202.30.60, 0204.21.00, 0204.22.40, 0204.23.40, 0204.41.00, 0204.42.40, and 0204.50.00) may be entered or withdrawn from warehouse for consumption in the United States, whether shipped directly or indirectly from Australia to the United States.

(b) Imports from New Zealand. During calendar year 1988, no more than 451.43 million pounds of meat exported from New Zealand in the form in which it would fall within the definition of meat in TSUS items 106.10, 106.22, 106.25, 107.55, or 107.62 (Harmonized Tariff Schedule of the United States subheadings 0201.10.00, 0201.20.40, 0201.20.60, 0201.30.40,

Sec. 17.1 General. 17.2 Definition of terms. 17.3 Eligible commodities. 17.4 Purchase authorizations. 17.5 Approval of purchasing and shipping

agents. 17.6 Contracts between commodity suppli

ers and importers. 17.7 Eligibility of suppliers and selling

agents. 17.8 Fees, discounts, commissions, brand

names. 17.9 Notice of sale procedures (tobacco and

cotton). 17.10 Notice of sale procedures (commod

ities other than tobacco and cotton). 17.11 Commodity price provisions. 17.12 Reports required from suppliers of

commodities and ocean transportation. 17.13 Refund to CCC by the participant

for failure to comply. 17.14 Ocean transportation. 17.15 Letter of commitment method of fi

nancing. 17.16 Reimbursement method of financing. 17.17 Adjustment refunds and insurance. 17.18 Documentation. 17.19 Documents in support of drafts

drawn on CCC by banking institutions. 17.20 Responsibilities of banking institu

tions for transactions under letters of

commitment. 17.21 ASCS offices. 17.22 Supplier's records. 17.23 Effective date.

Sec.
APPENDIX A-CONTRACTING REQUIREMENTS
APPENDIX B-DOCUMENTARY REQUIREMENTS

AUTHORITY: Secs. 101-115, Pub. L. 480, 83rd Cong., as amended, 68 Stat. 455 (7 U.S.C. 1701 et seq.); E.O. 12220, 45 FR 44245.

SOURCE: 51 FR 47409, Dec. 31, 1986, unless otherwise noted.

EDITORIAL NOTE: Nomenclature changes affecting Part 17 appear at 51 FR 47417, Dec. 31, 1986.

Subpart A-Regulations Governing

the Financing of Commercial Sales of Agricultural Commodities

8 17.1 General.

(a) What this subpart covers. This subpart contains the regulations governing the financing of the sale and exportation of agricultural commodities by the Commodity Credit Corporation, through private trade channels to the maximum extent practicable, under the authority of Title I of the Agricultural Trade Development and Assistance Act of 1954, as amended (hereinafter called “the Act”).

(b) Agricultural commodities agreements. (1) Under the Act, the Government of the United States enters into Agricultural Commodities Agreements with governments of friendly foreign countries or with private trade entities. These agreements cover financing of the sale and exportation of agricultural commodities, including certain ocean transportation costs.

(2)(i) Government-to-government Agricultural Commodities Agreements may provide for (A) sales for dollars on credit terms, (B) sales for foreign currencies on credit terms which permit conversion to dollars, and (C) sales for foreign currencies.

(ii) Agreements with private trade entities are limited to sales for dollars on credit terms.

(c) Purchase authorizations. These regulations cover, among other things, the issuance by the General Sales Manager of purchase authorizations which authorize the participant to (1) purchase agricultural commodities and (2) procure ocean transportation therefor.

(d) Financing. Following issuance of a purchase authorization, and on ap

plication, the Controller, Commodity Credit Corporation, will issue letters of commitment to banking institutions designated by the participant and acceptable to CCC, unless the participant elects to procure the commodities under the reimbursement method of financing. The cost of ocean freight or ocean freight differential will be financed by CCC only when specifically provided for in the purchase authori. zation.

(1) Under the letter of commitment method of financing, the U.S. supplier of agricultural commodities will receive payment as provided in the regulations in this subpart under irrevocable letters of credit issued, confirmed or advised by a banking institution for the commodities and, when authorized in the purchase authorization and included as a part of the commodity cost, for the ocean freight or the ocean freight differential, and marine insurance.

(2) Notwithstanding any other provision of these regulations, if authorized by the purchase authorization, ocean freight or ocean freight differential shall be financed by CCC under the letter of commitment method of financing in cases where ocean freight is not included as a part of the commodi. ty cost, subject to the applicable provi. sions of these regulations and such other provisions as may be specified in the purchase authorization. In such case, the supplier of ocean freight will receive payment for ocean freight or ocean freight differential as provided in these regulations and the purchase authorization under irrevocable letters of credit issued, confirmed or advised by a banking institution.

(3) Under the reimbursement method of financing, the U.S. supplier will obtain payment from the partici. pant or its assignee as provided in the regulations in this subpart for the cost of commodities and, when authorized in the purchase authorization and included as a part of the commodity cost, for the ocean freight or the ocean freight differential, and marine insurance. When ocean freight or ocean freight differential is approved for financing on Form CCC-106 and is to be financed separately from the commodity cost, the supplier of ocean

means

transportation will obtain payment from the participant or its assignee.

(4) To the extent provided in the regulations in this subpart, CCC will reimburse banking institutions for payments made under letters of commitment and CCC will reimburse the participant or its assignee for ocean freight or ocean freight differential financed separately from the commodity and for the commodities procured under the reimbursement method of financing.

(e) Advice of amount financed. Under the letter of commitment method of financing, the banking institutions will forward documents and advice of the amount financed by CCC to the approved applicant or to the bank or agency authorized by the approved applicant to open related letters of credit. Under the reimbursement method of financing, CCC will forward advice of payment to the participant or its assignee.

(f) Where information is available. The Foreign Agricultural Service issues a press release whenever a purchase authorization is issued. General information about purchase authorizations and operations under these regulations is available from the Director, Pub. L. 480 Operations Division, Foreign Agricultural Service, U.S. Department of Agriculture, Washington, D.C. 20250-1000. Information about financing operations under these regulations, including forms prescribed for use thereunder, is available from the Controller, Commodity Credit Corporation, U.S. Department of Agriculture, P.O. Box 2415, Washington, DC 20013. A copy of each press release is made available to the Small Business Administration to assist small business firms to have an adequate and a fair opportunity to participate as suppliers.

AMS means the Agricultural Marketing Service, U.S. Department of Agriculture.

ASCS means the Agricultural Stabilization and Conservation Service, U.S. Department of Agriculture.

ASCS offices means the ASCS offices listed in § 17.21 and any other offices or agencies which may succeed to the functions of these offices.

CCC means the Commodity Credit Corporation, U.S. Department of Agriculture. Controller

the Controller, Commodity Credit Corporation, or the Controller's designee.

FAS means the Foreign Agricultural Service, U.S. Department of Agriculture.

FGIS means the Federal Grain Inspection Service, U.S. Department of Agriculture.

General Sales Manager and GSM mean the General Sales Manager, FAS, or the General Sales Manager's designee.

Secretary means the Secretary of Agriculture of the United States, or the Secretary's designee.

USDA means the U.S. Department of Agriculture and includes all or any of the agencies mentioned in this paragraph (a).

United States means the 50 States, the District of Columbia, and Puerto Rico.

(b) Terms relating to ocean transpor. tation.

Dry bulk carrier means noncommon carrier vessel, other than a tanker, commonly referred to as “tramp.” Rates are negotiated covering the movement of a specific quantity of a specific commodity, at a specific time from a specific port or ports to a specific destination port or ports.

Dry cargo liners and liners are interchangeable terms meaning regularly scheduled vessels on specific trade routes.

Form CCC-106 means the various forms entitled “Advice of Vessel Approval," and refers to either the Form CCC-106-1 (Supplier of Commodity); Form CCC-106-2 (Ocean Carrier); Form CCC-106-3 (Cotton); or any or all of them, as applicable. Colors of the original forms are: Form CCC-106

a

a

(51 FR 47409, Dec. 31, 1986, as amended at 54 FR 21931, May 22, 1989)

$ 17.2 Definition of terms.

Terms used in the regulations in this subpart are defined or identified as follows, subject to amplification in subsequent sections:

(a) Terms relating to the United States, its agencies and officials.

1, yellow; Form CCC 106-2, blue; Form CCC-106-3, white.

Notice of arrival means a written notice or copy of a cablegram in accordance with $ 17.14(g) stating that the vessel has arrived at the first port of discharge.

Ocean bill of lading means

(1) In the case of cargo carried on a vessel other than LASH or Seabee barges: An “on-board” bill of lading, or a bill of lading with an “on-board” endorsement, which is dated and signed or initialed on behalf of the carrier, or

(2) In the case of cargo carried in a LASH or Seabee barge:

(i) For the purpose of financing commodity price, an “on-board” bill of lading showing the date the commodity was loaded on board barges, which is dated and signed or initialed on behalf of the carrier, or a bill of lading or a LASH or Seabee barge bill of lading with an “on-board barge” endorsement which is dated and signed or initialed on behalf of the carrier.

(ii) For the purpose of financing ocean freight or ocean freight differential, (A) an “on-board” bill of lading which is dated and signed or initialed on behalf of the carrier indicating that the barge containing the cargo was placed aboard the vessel named in the Form CCC-106 not later than eight (8) running days after the last LASH or Seabee barge loading date (contract layday) specified in the Form CCC-106, or (B) a bill of lading or a LASH or Seabee barge bill of lading with an “on-board ocean vessel” endorsement which is dated and signed or initialed on behalf of the carrier indicating that the barge containing the cargo was placed aboard the vessel named in the Form CCC106 not later than eight (8) running days after the last LASH or Seabee barge loading date (contract layday) specified in the Form CCC-106.

(3) Documentary requirements for a copy of an “ocean bill of lading" refer to a non-negotiable copy thereof.

Ocean transportation means and is interchangeable with the term “ocean freight”.

Tanker means a vessel which is designed to carry full cargoes of liquids. Because of compartmentation, tankers can carry a combination of cargoes, in

cluding bulk grain. Rates are negotiated in the same manner as with dry bulk carriers.

(c) Other terms. Affiliate and associated company mean any legal entity which owns or controls, or is owned or controlled by, another legal entity. For a corporation, ownership of the voting stock is the controlling criterion. A legal entity is considered to own or control a second legal entity if

(1) The legal entity owns an interest of 50 percent or more in the second legal entity, or

(2) The legal entity and one or more other legal entities, in which it owns an interest of 50 percent or more, together own an interest of 50 percent or more in the second legal entity, or

(3) The legal entity owns an interest of 50 percent or more in another legal entity which in turn owns an interest of 50 percent or more in the second legal entity.

Approved applicant means the bank in the importing country, or other agency acceptable to CCC, designated by the participant and named in a letter of commitment issued to a bank. ing institution. This term includes any agent authorized to act on behalf of the approved applicant.

Banking institution means a bank. ing institution organized under the laws of the United States, any State, or the District of Columbia.

Commodity means an agricultural commodity produced in the United States, or product thereof produced in the United States, as specified in the applicable purchase authorization.

Copy means a photocopy or other type of copy of an original document showing all data shown on the original, including signature or the name of the person signing the original, or, if the signature or name is not shown on the copy, a statement that the original was signed.

Delivery means the transfer to or for the account of an importer of custody and right of possession of the commodity at U.S. ports or Canadian transshipment points in accordance with the delivery terms of the contract and purchase authorization. For purposes of financing, delivery is deemed

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