REG 7 CFR PART 6-2012 IMPORT QUOTAS AND FEES.pdf

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1、334 7 CFR Subtitle A (1112 Edition) Pt. 6 interested in the hearing. Upon appli-cation to the Hearing Clerk, any per-son shall be entitled to a copy of the determination. 23 FR 9252, Nov. 29, 1958 PART 6IMPORT QUOTAS AND FEES SubpartGeneral Provisions Sec. 6.2 Responsibility for actions under sectio

2、n 22 and section 8(a). 6.3 Requests by interested persons for ac-tion by Department of Agriculture. 6.4 Investigations. 6.5 Hearings under section 22. 6.6 Submission of recommendations under section 22. 6.7 Submission of recommendations under section 8(a) (emergency treatment). 6.8 Representation at

3、 Tariff Commission hearings. 6.9 Information. SubpartDairy Tariff-Rate Import Quota Licensing 6.20 Introduction. 6.21 Definitions. 6.22 Requirement for a license. 6.23 Eligibility to apply for a license. 6.24 Application for a license. 6.25 Allocation of licenses. 6.26 Surrender and reallocation. 6.

4、27 Limitations on use of license. 6.28 Transfer of license. 6.29 Use of licenses. 6.30 Record maintenance and inspection. 6.31 Debarment and suspension. 6.32 Globalization of licenses. 6.33 License fee. 6.34 Adjustment of Appendices. 6.35 Correction of errors. 6.36 Miscellaneous. 6.37 Supersedure of

5、 Import Regulation 1, Revision 7. APPENDIXES 13 TO SUBPARTDAIRY TARIFF- RATE IMPORT QUOTA LICENSING SubpartPrice-Undercutting of Domestic Cheese by Quota Cheeses 6.40 General. 6.41 Definitions. 6.42 Complaints of price-undercutting. 6.43 Determinations. 6.44 Delegation of authority. CROSS REFERENCE:

6、 For United States Inter-national Trade Commission regulations on investigations of effects of imports on agri-cultural programs, see 19 CFR part 204. SubpartGeneral Provisions AUTHORITY: Sec. 8, 65 Stat. 75; 19 U.S.C. 1365. SOURCE: 17 FR 8287, Sept. 16, 1952; 19 FR 57, Jan. 6, 1954, unless otherwis

7、e noted. 6.2 Responsibility for actions under section 22 and section 8(a). The primary responsibility within the Department of Agriculture for ac-tion on matters for which the Sec-retary is responsible under section 22 of the Agricultural Adjustment Act of 1933, as amended, and section 8(a) of the T

8、rade Agreements Extension Act of 1951 is assigned to the Administrator, Foreign Agricultural Service (referred to in this part as the Adminis-trator), but the other offices, agen-cies, and bureaus of the Department whose activities will be affected by any action under section 22 or section 8(a) shal

9、l be consulted by the Adminis-trator in discharging his responsibility under this part. 6.3 Requests by interested persons for action by Department of Agri-culture. (a) Section 22. A request for action under section 22 should be submitted in duplicate to the Administrator, For-eign Agricultural Serv

10、ice, United States Department of Agriculture, Washington 25, D.C. Such request shall include a statement of the reasons why action would be warranted under sec-tion 22 and shall be supported by appro-priate information and data. (b) Section 8(a). A request for action under section 8(a) should be sub

11、mitted in duplicate to the Administrator, For-eign Agricultural Service, United States Department of Agriculture, Washington 25, D.C. Such request shall include a statement of the reasons why the commodity is perishable, and why, due to such perishability, a condition exists requiring emergency trea

12、tment, and shall be supported by appropriate information and data. A request under section 8(a) submitted in connection with a proposed section 7 (Trade Agree-ments Extension Act of 1951) investiga-tion shall not be acted upon until a section 7 application has been properly filed by the person makin

13、g the request with the Tariff Commission, and a copy VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00344 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-335 Off

14、ice of the Secretary, USDA 6.6 of such application and supporting in-formation and data are furnished the Administrator. 6.4 Investigations. (a) Section 22. The Administrator shall cause an investigation to be made whenever, based upon a request sub-mitted pursuant to 6.3 or upon other information a

15、vailable to him, he deter-mines that there is reasonable ground to believe that the imposition of im-port quotas or fees under section 22 may be warranted, or that the termi-nation or modification of import quotas or fees in effect under section 22 may be warranted. (b) Section 8(a). The Administrat

16、or shall cause an immediate investigation to be made whenever (1) a request is re-ceived for emergency treatment in con-nection with an application properly filed with the Tariff Commission under section 7; (2) a request is received for emergency treatment under section 22 if the Administrator deter

17、mines that there is reasonable ground to believe that the imposition of import quotas or fees under section 22 may be war-ranted; or (3) the Administrator, upon the basis of other information avail-able to him, has reasonable ground for believing that emergency treatment under section 8(a) is necess

18、ary. The Ad-ministrator shall expedite to the full-est practicable extent his attention to requests for emergency treatment under section 8(a), and such requests shall receive priority over requests for other action under section 22. The in-vestigation shall cover (1) whether the commodity is a peri

19、shable agricultural commodity; (2) whether, due to the per-ishability of the commodity, a condi-tion exists requiring emergency treat-ment as indicated by such factors as (i) the marketing season for the com-modity, (ii) past and prospective do-mestic production, stocks, require-ments, and prices, (

20、iii) past and pro-spective imports; and (3) such other matters as the Administrator deter-mines are relevant to a determination as to whether emergency treatment for the commodity is necessary. No public hearing shall be held in connection with investigations under this para-graph. 6.5 Hearings unde

21、r section 22. The Administrator is authorized to provide for such public hearings as he deems necessary to discharge the re-sponsibility for action under section 22 vested in him by 6.2 and 6.4(a). In view of the need, however, for prompt action on requests for action under sec-tion 22, public heari

22、ngs shall be held in connection with investigations con-ducted under 6.4(a) only when the Ad-ministrator determines that a public hearing is necessary to obtain supple-mentary information not otherwise available. Any public hearing which is held shall be conducted by representa-tives designated for

23、the purpose by the Administrator; shall be preceded by such public notice as, in the opinion of the Administrator, will afford inter-ested persons reasonable opportunity to attend and present information; and minutes of the proceedings at such hearing shall be obtained. Hearings shall be informal an

24、d technical rules of evidence shall not apply. Such hearings are for the purpose of obtaining infor-mation for the assistance of the Sec-retary. However, in discharging his re-sponsibilities under section 22, the Sec-retary is not restricted to the informa-tion adduced at the hearings. 6.6 Submissio

25、n of recommendations under section 22. (a) The Administrator shall make a report to the Secretary upon the com-pletion of each investigation made by him pursuant to 6.4(a). The report shall summarize the information dis-closed by the investigation; shall con-tain the recommendations of the Ad-minist

26、rator; and, in case action under section 22 is recommended, shall be ac-companied by a suggested letter from the Secretary to the President recom-mending that the Tariff Commission be directed to conduct an investigation. Such report shall be submitted to the other offices, agencies, and bureaus of

27、the Department of Agriculture whose activities would be affected, for con-currence or comment. (b) The Secretary will recommend that the President direct the Tariff VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00345 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD w

28、ith CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-336 7 CFR Subtitle A (1112 Edition) 6.7 Commission to conduct an investiga-tion under section 22 only if he has rea-son to believe, upon the basis of the in-formation available to him, that im-po

29、rt quotas or fees should be imposed. 6.7 Submission of recommendations under section 8(a) (emergency treatment). (a) Section 22. The Administrators re-port submitted pursuant to 6.6 shall indicate whether or not emergency treatment is necessary. If emergency treatment is recommended, the report shal

30、l discuss the condition which re-quires emergency treatment and be ac-companied by suggested letters from the Secretary to the President, to the Tariff Commission, and to the peti-tioner (if any) advising them of the Secretarys determination. The sug-gested letter from the Secretary to the President

31、 shall include a recommenda-tion as to whether such emergency treatment should take the form of ac-tion by the President prior to receiving the recommendations of the Tariff Commission, or whether a decision by the President may appropriately be withheld until the recommendations of the Tariff Commi

32、ssion are received. If emergency treatment requested is not recommended, the report to the Sec-retary shall be accompanied by sug-gested letters from the Secretary to the petitioner and the Tariff Commis-sion stating the action taken. (b) Section 7. The Administrator shall make a report to the Secre

33、tary upon the completion of each investigation made by him pursuant to 6.4(b). The report shall summarize the informa-tion disclosed by the investigation, in-cluding the points listed in 6.4(b) which were considered in reaching the recommendation, and shall contain the recommendations of the Adminis

34、trator as to whether or not emergency treat-ment is required. If emergency treat-ment is recommended, the report shall discuss the condition which requires emergency treatment and shall be ac-companied by suggested letters from the Secretary to the President, to the Tariff Commission, and to the pet

35、i-tioner advising them of the Secretarys determination. The suggested letter from the Secretary to the President shall include a recommendation as to whether such emergency treatment should take the form of action by the President prior to receiving the rec-ommendations of the Tariff Commis-sion, or

36、 whether a decision by the President may appropriately be with-held until the recommendations of the Tariff Commission are received. If emergency treatment is not rec-ommended, the report to the Secretary shall be accompanied by suggested let-ters from the Secretary to the peti-tioner and to the Tar

37、iff Commission stating the action taken. Each such re-port shall be submitted to the other of-fices, agencies, and bureaus of the De-partment of Agriculture whose activi-ties would be affected, for concurrence or comment. 6.8 Representation at Tariff Commis-sion hearings. The Department of Agricultu

38、re shall be represented at all hearings con-ducted by the Tariff Commission under section 22 by persons designated by the Administrator, assisted by a represent-ative of the Office of the General Coun-sel. Such representatives shall present the recommendations of the Depart-ment of Agriculture, shal

39、l submit such information and data in support there-of as are available, and shall exercise the right of examining other witnesses which is granted to the Secretary. 17 FR 8287, Sept. 16, 1952; 20 FR 1830, Mar. 25, 1955 6.9 Information. Persons desiring information from the Department of Agriculture

40、 regard-ing section 22 or section 8(a), or any ac-tion with respect thereto, should ad-dress such inquiries to the Adminis-trator, Foreign Agricultural Service, United States Department of Agri-culture, Washington 25, DC. SubpartDairy Tariff-Rate Import Quota Licensing AUTHORITY: Additional U.S. Not

41、es 6, 7, 8, 12, 14, 1623 and 25 to Chapter 4 and General Note 15 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), Pub. L. 97 258, 96 Stat. 1051, as amended (31 U.S.C. 9701), and secs. 103 and 404, Pub. L. 103465, 108 Stat. 4819 (19 U.S.C. 3513 and 3601). VerDate Mar2010 11:10

42、 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00346 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-337 Office of the Secretary, USDA 6.21 SOURCE: 61 FR 53007, Oct. 9, 1996, unless

43、otherwise noted. 6.20 Introduction. (a) Presidential Proclamation 6763 of December 23, 1994, modified the Har-monized Tariff Schedule of the United States affecting the import regime for certain articles of dairy products. The Proclamation terminated quantitative restrictions that had been imposed p

44、ur-suant to section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624); proclaimed tariff-rate quotas for such articles pursuant to Pub. L. 103465; and specified which of such articles may be entered only by or for the account of a person to whom a license has been issued by th

45、e Sec-retary of Agriculture. (b) Effective January 1, 1995, the prior regime of absolute quotas for cer-tain dairy products was replaced by a system of tariff-rate quotas. The arti-cles subject to licensing under the new tariff-rate quotas are listed in Appen-dices 1, 2, and 3 of this subpart. Li-ce

46、nses will be issued pursuant to the provisions of this subpart for the 1997 and subsequent quota years. These li-censes will permit the holder to import specified quantities of the subject arti-cles into the United States at the ap-plicable in-quota rate of duty. If an im-porter has no license for a

47、n article sub-ject to a tariff-rate quota, such im-porter will, with certain exceptions, be required to pay the applicable over- quota rate of duty. (c) The Secretary of Agriculture has determined that this subpart will, to the fullest extent practicable, result in fair and equitable allocation of t

48、he right to import articles subject to such tariff-rate quotas. The subpart will also maximize utilization of the tariff- rate quotas for such articles, taking due account of any special factors which may have affected or maybe af-fecting the trade in the articles con-cerned. 6.21 Definitions. As us

49、ed in this subpart and the Ap-pendices thereto, the following terms mean: Article. One of the products listed in Appendices 1, 2, or 3 which are the same as those described in Additional U.S. Notes 6, 7, 8, 12, 14, 1623 and 25 to Chapter 4 of the Harmonized Tariff Schedule. Customs. The United States Customs Service. Country. Country of origin as deter-mined in accordance with Customs rules and regulations, except that EC 12, EC 15,