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TITLE
7--AGRICULTURE
PART 1530--SUGAR IMPORT LICENSING--Table of Contents
Subpart C--Sugar for the Production of Polyhydric Alcohol
Sec. 1530.305 Proof of production of polyhydric alcohols.
(a) Certificate of use. Within 30 days of the date of production of polyhydric alcohols from sugar imported under a license, the licensee shall provide a written certification, signed by the licensee, to the Licensing Authority that he or she has used, within 180 days of the date of entry of sugar under the license, such 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 certification shall include:
(1) The licensee's name, address, and license number;
(2) The customs entry number(s), date(s) of entry, and total weight of sugar used in the production of such polyhydric alcohols;
(3) The date(s) on which such polyhydric alcohols were produced; and
(4) The following certification, with all blank spaces appropriately filled in as indicated by the instructions placed in brackets:
The undersigned hereby certifies that between [insert date(s) of production of polyhydric alcohols] ________, 19____, and ________, 19____, the undersigned has used [insert total weight of imported sugar] ________ pounds of sugar, imported on [insert date of entry] ________, 19____, 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.
(b) If polyhydric alcohols produced with sugar imported under the license are exported, the licensee shall provide an additional written certification, signed by the licensee, to the Licensing Authority, within 95 days of the date of exportation of the polyhydric alcohols. The certification shall include:
(1) The licensee's name, address, and license number;
(2) The customs entry number(s), date(s) of entry, and total weight of sugar used in the production of such polyhydric alcohols;
(3) The date(s) on which such polyhydric alcohols were produced;
(4) The date of export, the port or point from which exported, the bill of lading number(s), and an identification of the vessel or other export carrier and any agent used in connection with the export;
(5) The country of destination and foreign consignee;
(6) The entry number of a claim, if any, by the licensee or any other person for a refund, as drawback, of any duties paid on the importation of any sugars, syrups or molasses described in subheading 1701.11.03, 1701.12.02, 1701.91.22, 1701.99.02, 1702.90.32, 1806.10.42, or 2106.90.12 of the HTS on the basis, or as a result, of the exportation of the polyhydric alcohol and the amount of such refund; and
(7) A statement that the licensee has reserved all rights to claim drawback refunds with respect to the exportation of the polyhydric alcohol, and that no refund, as drawback, of any duties paid on the importation of any sugars, syrups or molasses described in subheading 1701.11.03, 1701.12.02, 1701.91.22, 1701.99.02, 1702.90.32, 1806.10.42, or 2106.90.12 of the HTS has been or will be claimed or received on the basis, or as a result, of the exportation of the polyhydric alcohol.
(c) If polyhydric alcohols produced with sugar imported under the license are exported, the licensee shall provide to the Licensing Authority, within 95 days of the date of exportation of the polyhydric alcohols, the following documentation:
(1) An original, certified U.S. Customs Service Form 7512; and
(2) An original bill of lading or copy of a U.S. Customs Service Form 7511.
(d) Notice of drawback claims. Whenever the licensee knows or has reason to know that any claim has been made, by the licensee or any other person for a refund, as drawback, of any duties paid on the importation of any sugars, syrups or molasses described in subheading 1701.11.03, 1701.12.02, 1701.91.22, 1701.99.02, 1702.90.32, 1806.10.42, or 2106.90.12 of the HTS on the basis, or as a result, of the exportation of polyhydric alcohol, whether or not such polyhydric alcohol was produced from sugar imported under the licensee's license, the licensee shall within 5 business days provide a written notification to the Licensing Authority. This notification shall include the following information, if known or reasonably believed to be true by the licensee:
(1) The licensee's name, address, and license number;
(2) A description, and the weight, of such polyhydric alcohol exported;
(3) An identification of the imported sugar which was used in the production of the polyhydric alcohol, including the quantity of the imported sugar;
(4) The date of export, the port or point from which exported, the bill of lading number(s), and an identification of the vessel or other export carrier and any agent used in connection with the export;
(5) The country of destination and foreign consignee;
(6) The entry number of the drawback claim and the amount of such refund of duties; and
(7) The identity of the person who filed such drawback entry.
(e) The Licensing Authority may waive any of the provisions of this section if compliance with the relevant provisions of HTS subheading 1701.11.02, additional U.S. note 3, and all other regulations in this subpart is otherwise established to the Licensing Authority's satisfaction.
Sec. 1530.306 Charges and credits to licenses.
(a) Charges will be made to a license, effective as of the date of entry, for quantities of sugar entered under the license, when the licensee submits the license as required by Sec. 1530.304(c) or when the Licensing Authority otherwise determines that the licensee has made an entry under subheading 1701.11.02 of the HTS.
(b) At the request of the licensee and upon satisfactory and timely proof that the licensee has complied with all of the requirements of this program, the Licensing Authority will credit a license for
quantities of sugar for which a Certificate of Use has been submitted in accordance with the provisions of Sec. 1530.305 of this subpart, but such credit, if granted conditionally, will become final only when the Licensing Authority is satisfied that no refund, as drawback, of any duties paid on the importation of any sugars, syrups or molasses described in subheadings 1701.11.03, 1701.12.02, 1701.91.22, 1701.99.02, 1702.90.32, 1806.10.42, or 2106.90.12 of the HTS has been or will be claimed or received on the basis, or as a result, of the exportation of the polyhydric alcohol.
(c) The Licensing Authority may revoke any credit previously made to a license if the Licensing Authority determines, on the basis of evidence obtained after the credit was granted, that the licensee had not complied with all of the requirements of this subpart.
[55 FR 41489, Oct. 12, 1990, as amended at 56 FR 30866, July 8, 1991]
Sec. 1530.307 Replacement of sugars; substitution of sugars.
The sugar used in the production of polyhydric alcohols under this program need not be the identical sugar imported under the license. The licensee may substitute other sugar for sugar imported under the license or replace such imported sugar with other sugar.
[56 FR 30866, July 8, 1991]
Sec. 1530.308 Records.
(a) Each licensee requesting credit in accordance with Sec. 1530.306(b) shall keep records to establish for all sugar imported, and for all polyhydric alcohol produced, under the provisions of this program:
(1) The quantity and identity of the sugar imported by the licensee under the provisions of this subpart, including the customs entry numbers;
(2) The quantity and description of the polyhydric alcohols manufactured and the date or inclusive dates of manufacture;
(3) The quantity of sugar actually 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; and
(4) If any polyhydric alcohols have been exported, the country of destination, foreign consignee, date of export, port, export carrier and any agent used in connection with the export and all documents relating to such exportation, including but not limited to any contract, invoice, bill of lading, dock receipt, ship's manifest, or copies thereof; and all drawback entries, if any, including all related documents, filed by the licensee or any other person for a refund, as drawback, of any customs duties paid on the importation of any sugars, syrups or molasses described in subheadings 1701.11.01, 1701.11.02, 1701.11.03, 1701.12.01, 1701.12.02, 1701.91.21, 1701.91.22, 1701.99.01, 1701.99.02, 1702.90.31, 1702.90.32, 1806.10.41, 1806.10.42, 2106.90.11, and 2106.90.12 of the HTS on the basis, or as a result, of the exportation of the polyhydric alcohol and the amount of any such refund paid.
(b) All records required by this section to be kept by a licensee shall be retained for at least 5 years after a license is credited for the production of the polyhydric alcohol.
(c) The licensee must, upon request, make the records covered by this section available for inspection and copying by the Licensing Authority or other appropriate official of the Federal Government.
(d) If, after inspection of the records, the Licensing Authority determines that such records are inadequate to establish that the sugar imported under the license was used 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, or that drawback of duties on the importation of any sugars, syrups or molasses described in subheadings 1701.11.03, 1701.12.02, 1701.91.22, 1701.99.02, 1702.90.32, 1806.10.42, or 2106.90.12 of the HTS was not claimed or received on the basis, or as a result, of the exportation of the polyhydric alcohol, or that any other requirement of this program was complied with, the Licensing Authority may revoke credits granted for the appropriate quantity of sugar.
Sec. 1530.309 Enforcement.
(a) If at any time after receiving the proof of production of polyhydric alcohol described in Sec. 1530.305 of this subpart, the Licensing Authority determines that the sugar entered under the license was not used 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, and if the bond has been released under Sec. 1530.303, the Licensing Authority may hold the licensee liable for the difference between the Number 11 contract price and the Number 14 contract price, per pound of raw sugar, in effect on the last market day before the date of entry of the sugar or the last market day before the end of the period during which production of polyhydric alcohol was required, whichever difference is greater, times the quantity of sugar that should have been, but was not, used in such production of such polyhydric alcohol. In the event no Number 11 contract price or Number 14 contract price is reported by the New York Coffee, Sugar and Cocoa Exchange, for the relevant market day, the Licensing Authority may estimate such price as he or she deems appropriate.
(b) If at any time after receiving the licensee's certification that no refund, as drawback, of any duties paid on the importation of any sugars, syrups or molasses described in subheadings 1701.11.03, 1701.12.02, 1701.91.22, 1701.99.02, 1702.90.32, 1806.10.42, or 2106.90.12 of the HTS has been or will be claimed or received on the basis, or as a result, of the exportation of any polyhydric alcohol, the Licensing Authority determines that a refund of such customs duties has been claimed or received by the licensee or any other person, and if the bond has been released under Sec. 1530.303, the Licensing Authority may hold the licensee liable for the difference between the Number 11 contract price and the Number 14 contract price, per pound of raw sugar, in effect on the last market day before the date of entry of the sugar or the last market day before the end of the period during which export was required, whichever difference is greater, times the quantity of sugar used in the production of such polyhydric alcohol. In the event no Number 11 contract price or Number 14 contract price is reported by the New York Coffee, Sugar and Cocoa Exchange for the relevant market day, the Licensing Authority may estimate such price as he or she deems appropriate.
(c) If at any time the Licensing Authority determines that a licensee has failed to comply with the requirements of this subpart, including the requirement of HTS subheading 1701.11.02 and of the relevant provisions of additional U.S. note 3, the Licensing Authority may, after notice to the licensee, suspend or revoke the license issued to the licensee under this program and may refuse to issue a license to that manufacturer.
[55 FR 41489, Oct. 12, 1990, as amended at 56 FR 30866, July 8, 1991]
Sec. 1530.310 Appeals.
(a) Any action or determination of the Licensing Authority under this subpart may be appealed to the Director, Import Policies and Trade Analysis Division, Foreign Agricultural Service (FAS), within 30 days from the date of notification. The appeal must be presented in writing and must specifically state any reason as to why such determination should not stand. The Director, Import Policies and Trade Analysis Division, FAS, will provide such person with an opportunity for an informal hearing on such matter.
(b) A further appeal from the final decision of the Director, Import Policies and Trade Analysis Division, FAS, may be made to the Administrator, FAS, within five business days of the notification of the decision of the Director, Import Policies and Trade Analysis Division, FAS.
Sec. 1530.311 Waivers.
Upon written application of the licensee, the Licensing Authority may extend the period for the production of polyhydric alcohols, may temporarily increase the maximum amount of the license, may extend the period for submitting proof of use, or may temporarily waive or modify any other requirement imposed by this subpart if such waiver or modification is necessary or appropriate under unusual, unforeseen or extraordinary circumstances and will not frustrate the purposes of this program and if compliance with the relevant provisions of HTS subheading 1701.11.02, additional U.S. note 3 is established to the Licensing Authority's satisfaction. the Licensing Authority may specify additional requirements or procedures in place of the requirements or procedures waived or modified.
Sec. 1530.312 Expiration of licenses.
(a) The licenses issued under this program shall expire upon written notice to the licensees by the Licensing Authority. The notice will state the date on which the licenses will expire and any other details applicable to the expiration of the licenses.
(b) If there have been no charges or credits on the license within 12 months of the date on which the license was issued, or any subsequent period of 18 months, the license may be deemed to have expired.
Sec. 1530.313 Paperwork Reduction Act assigned number.
The Office of Management and Budget has approved the information collection requirements in these regulations in accordance with 44 U.S.C. chapter 35 and OMB number 0551-0015 has been assigned.
Sec. 1530.314 Transitional provisions.
(a) All licenses issued to manufacturers prior to October 1, 1990, pursuant to the provisions of 7 CFR 1530.201, under the program for ``Sugar for Production of Polyhydric Alcohol,'' are canceled effective October 9, 1990.
(b) Any manufacturer who, on September 30, 1990, held a license which had a balance of charges and credits other than zero and which is canceled pursuant to paragraph (a) of this section may be issued a new license upon such manufacturer's agreement to:
(1) Fully settle the balance outstanding on such previous license, by bringing such balance to zero;
(2) Comply with all the provisions of this subpart, subheading 1701.11.02 of the HTS, and additional U.S. note 3; and
(3) Comply with any terms, conditions and procedures imposed by the Licensing Authority in order to assure an orderly transition.
(c) During the transitional period between October 1, 1990, and the promulgation of a final rule to replace the interim rule issued on October 9, 1990, the Licensing Authority may modify or waive any requirement of this subpart, including the requirements that a manufacturer make a written application for a license prior to the issuance of the license and make a written application for a waiver under Sec. 1530.210 of this subpart, if the Licensing Authority determines such modification or waiver is necessary or appropriate to assure an orderly transition and will not frustrate the purposes of this program.
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