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 established 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 Carol M. Harvey in room 6622, South Agriculture Building, 14th and Independence Ave., SW., Washington, DC 20250. Subpart-Section 22 Import Fees EXEMPTION FROM FEES-SUGAR 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 (19 U.S.C. 1202 note); 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: 43 FR 32737, July 28, 1978, unless otherwise noted. $6.50 Definitions. 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 dis 7 CFR Subtitle A (1-1-95 Edition) trict 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 12month period following the effective date of the license. The license may contain such other conditions as the Secretary, in his discretion, deems nec essary. (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 Tropi cal Products Division, Foreign Agricul- §6.52 Transferability of an import li cense. 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, DC 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). (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 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. $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. $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: No. of Copies 1 1 Description of documents A certified copy of the sales for export agreement covering the reentry cotton. 1 A certified copy of the sales for cotton, agreement covering the offset is the (This may be omitted if it exports same as above.) 3 A sworn statement that, to the best of the importer's knowledge and belief the reentry cotton was grown in the United States. 3 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. 1 A certified copy of the weight sheet or mill's invoice covering the rejected (reentry) cotton. 8 A certified copy of the invoice covering the offset cotton. 1 A certified copy of the bill of lading covering the reentry of cotton. 3 Certified copies of the bill of lading covering the offset cotton. 1A landing certificate covering the reentry cotton. 3 A landing certificate covering the offset cotton. 1 A statement from the carrier showing actual exportation of the reentry cotton may be furnished in lieu of a bill of lading and landing certificate covering the reentry cotton, if preferred. (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, DC 20250. $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, DC, 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. Subpart-Calculation of Market Stabilization Price 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] §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. $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. §6.102 Adjustments. If the Secretary determines that there is a significant change in any one or more of the elements comprising the Market Stabilization Price then in effect, the Secretary shall adjust the 7 CFR Subtitle A (1-1-95 Edition) 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. 87.1 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. §7.2 General. State, county, and community committees shall, as directed by the Secretary of a designee of the Secretary, carry out the programs and functions of the Secretary. §7.3 Definitions. The terms defined in part 719 of this title governing the reconstitution of |