License Application Tips for Sugar Containing Products Re-Export Program

The following sample provides guidance in the license application process for the Sugar Containing Products Re-Export Program (program). Items 1-6 are required under 7 CFR Section 1530.104, "Application for a License."  In addition, this sample includes information that our documentation committee has requested.  We recommend that you e-mail us a draft application for our initial review.  We may have questions or suggestions for improving your application that we will communicate to you in writing or by phone. Once our documentation committee approves your revised application, we will notify you and request that you notarize and submit your final application.  Your application can be modified at any time to include new information.


SAMPLE LICENSE APPLICATION
(Includes Sample Documentation Agreement)

  1.   Your name and address;
  2.   Address where your records will be maintained;
  3.   Address of your processing plant(s) and the address of any co-packer plant (s);
  • If applying for a consolidated license, please include the names and addresses of any wholly-owned subsidiaries along with documentation (tax identification numbers and a letter from your general counsel or other company official) outlining the subsidiary relationship.

  4.   The percentage of refined sugar (100-degree polarity – dry-weight basis) in your products;

  5.    Certification that you are not affiliated with any other licensee, or an explanation of any existing affiliations
         (see section 1530.101 of the regulation for a definition of "affiliated"); Link:  http://www.fas.usda.gov/sugars/FASSugarsLicensees.aspx

  • Please include the names and addresses of any agents you are using to assist with your program transactions.

  6.    A Documentation Agreement (agreement).
The agreement establishes a record of the documents that you will maintain to verify the following aspects of your program transactions (see 7 CFR 1530.110 for more detail):

  • The date and quantity of sugar exported or transferred;
  • The final destination of exported sugar;
  • Your license number;
  • Buyer and seller specifications
  • Names and addresses of the buyer, seller, agent, co-packer, and transport company involved in the transaction;
  • Port of export, name of export carrier, and container number; and
  • Any U.S. Customs forms submitted in the export process.

Our documentation committee has determined that the documents listed below adequately substantiate program transactions in most cases.
A. For exports by sea or air:

  • Commercial sales invoice;
  • Straight bill of lading showing the product’s movement from your facility to the port of export;
  • Signed or non-negotiable ocean bill of lading;
  • Signed U.S. Commerce Department form 7525 "Shipper’s Export Declaration" (SED) or hard copy of electronically filed SED on the Automated Export System (AES); and
  • Sample SED
  • Any additional U.S. Customs forms associated with the transaction.

B.  For exports to Canada:

  • Commercial sales invoice;
  • Straight bill of lading;
  • Canadian B-3, or a Canadian Customs Invoice that is signed or stamped at the border
  • Sample B-3 form
  • Any additional U.S. Customs forms associated with the transaction.

C. For exports to Mexico:

  • Commercial sales invoice;
  • Straight bill of lading;
  • Pedimento
  • Any additional U.S. Customs forms associated with the transaction.

D. For purchase of Program sugar:

  • Signed Notice of Transfer; and
  • Sales invoice from licensed refiner.

This is a suggested listing of documents. If you would like to propose an alternative documentation method or you are unable to provide these documents, we welcome your suggestions. Please do not agree to keep these documents if you are unable to obtain them. Future audits will be based only on the documents in the agreement and failure to present the documents during audits will result in the loss of program credits. Copies of these documents are acceptable provided they are complete and legible. To aid us in reviewing your application, we ask that you submit samples of the documents you will be providing.

Program auditors will be checking your documents for consistency. Names, weights, and dates are key elements in this regard. The licensee should be listed as the exporter in all relevant documents (licensees must retain ownership of their products until exported). If an agent is used, documents should indicate that the agent is acting "for" the licensee. If you regularly export by container, and your documents do not list your products, we recommend that you include a packing list or some other document that lists your products.

E-mail your application to sugars@fas.usda.gov
Fax your application to (202) 720-0876