documents required by law or regulation to be filed with such form at the time of entry with the appropriate customs official.

(d) Date of export means the on-board date of an ocean carrier bill of lading or an airway bill or on-board date of an intermodal bill of lading; if exported by rail or truck, the date of entry shown on an authenticated landing certificate or similar document issued by an official of the government of the importing country; or the date of export established by such other proof of export as is acceptable to the Licensing Authority.

(e) Date of Transfer means the date of shipment of sugar transferred from a refiner to a manufacturer.

(f) Department means the United States Department of Agriculture.

(g) Drawback and drawback entry have the meanings ascribed to them in 19 CFR part 191.

(h) Enter or entry, with respect to sugar imported into the customs territory of the United States, refers to sugar that is entered or withdrawn from warehouse for consumption.

(1) HTS means the Harmonized Tariff Schedule of the United States.

(j) License means a license, issued by the Secretary through the Licensing Authority, which permits the entry, in accordance with the provisions of this subpart, of raw cane sugar described in subheading 1701.11.02 of the HTS for the purpose of being refined and re-exported in refined form or of being transferred to a manufacturer under the provisions of subpart B of this part. (k) Licensee means a refiner to whom a license has been issued pursuant to the provisions of this subpart.

(1) Licensing Authority means the Team Leader, import Quota Programs, import Policies and Trade Analysis Division, Foreign Agricultural Service, U.S. Department of Agriculture, or the Team Leader's designee.

(m) Manufacturer means a person who is the recipient of a transfer of refined sugar from a refiner, who uses the sugar to produce a sugar containing product within the customs territory of the United States, and who exports or causes to be exported such product under a license issued under the provisions of subpart B of this part.

(n) Notice of Transfer means a document, in form and substance satisfactory to the Licensing Authority, that is signed by both the licensee and a manufacturer certifying delivery of a specified quantity of refined sugar, corresponding to sugar imported under the provisions of this subpart, from the licensee to the manufacturer.

(0) Number 11 contract price means the daily closing price per pound of raw sugar for the nearby Number 11 contract of the New York Coffee, Sugar and Cocoa Exchange.

(p) Number 14 contract price means the daily closing price per pound of raw sugar for the nearby Number 14 contract of the New York Coffee, Sugar and Cocoa Exchange.

(q) Person means any individual, partnership, corporation, association, estate, trust or any other business enterprise or legal entity.

(r) Program means the licensing program provided for in the regulations in this subpart and includes the requirements and limitations of HTS subheading 1701.11.02 and additional U.S. note 3.

(8) Raw value means, for a given quantity of sugar, the equivalent of that quantity of sugar in terms of ordinary commercial raw sugar testing 96 degrees by the polariscope as determined in accordance with regulations issued by the Secretary of the Treasury (19 CFR part 151, subpart B).

(t) Refined sugar means commercial refined sugar testing 99.7 degrees or above by the polariscope as determined in accordance with regulations issued by the Secretary of the Treasury.

(u) Refiner means any person in the United States who engages in the processing (refining) of raw sugar into refined sugar by substantially subjecting the raw sugar to the processes of affination or defecation, clarification, and further purification by absorption or crystallization.

(v) Sugar containing product means any product (other than articles 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) to which sugar has been added as an in

gredient and which is to be exported without further processing.

§ 1530.101 Application for a license.

(a) An applicant for a license must apply in writing to the Licensing Authority. The letter of application shall contain at a minimum the following information:

(1) The name and address of the applicant and of the refinery or refineries at which the raw cane sugar entered under subheading 1701.11.02 will be processed (refined);

license

(2) The license amount requested, not to exceed the maximum amount;

(3) A description of the kind and polarity of refined sugars to be exported or transferred;

(4) The name of the firm that will establish a performance bond in favor of the United States Government on behalf of the applicant; and

(5) A certification that the refiner shall:

(1) Refine a quantity of sugar equal to the quantity of sugar entered under the license;

(ii) Export or transfer such sugar or corresponding sugar within the applicable time limits; and

(iii) Shall not request credit on the refiner's license, if such license is issued, for the exportation or transfer of any refined sugar, or if such credit has been granted, shall promptly (within 5 business days of the filing of a drawback entry) notify the Licensing Authority and request that such credit be revoked, if the exportation of such refined sugar or any sugar containing product manufactured with the use of such transferred sugar has resulted in, or has been used as the basis of a claim 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 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.

(b) A licensee shall promptly notify the Licensing Authority if any of the information described in paragraph (a) of this section has changed and shall submit an amended application upon the request of the Licensing Authority.

(c) The Licensing Authority may waive any provisions of this section for good cause if it is determined that such a waiver will not adversely affect the purposes of this program.

§1530.102 Issuance of a license.

(a) The Secretary of Agriculture, through the Licensing Authority, may issue a license to a refiner under which the refiner may import sugar described in HTS subheading 1701.11.02 in accordance with the provisions of this program. The license may contain such conditions, limitations or restrictions as the Licensing Authority determines to be appropriate for the purposes of this program. The Licensing Authority may add or modify such conditions, limitations or restrictions at such time and in such manner as the Licensing Authority, in his or her discretion, determines to be necessary or appropriate for the purposes of this program. A refiner may hold only one license at any given time.

(b) A quantity of refined sugar equivalent to the quantity of sugar, raw value, imported under a license, adjusted in accordance with §1530.107 of this subpart, must be exported within 90 days of the date of entry of such sugar or must be transferred to a manufacturer within 90 days of the date of entry of such sugar.

(c) The maximum license amount is 50,000 metric tons of sugar, raw value. Quantities of sugar imported under the license will be charged to the license and quantities of refined sugar exported or transferred will be credited to the license as provided in §1530.107. At no time may the outstanding balance of charges or credits exceed the maximum license amount except as a result of adjustments for polarization made pursuant to § 1530.107(c).

(d) The licensee shall reserve all rights, if any, to claim drawback refunds with respect to the exportation or transfer of refined sugar under this program. No credit on a license shall be made if any 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 is claimed or received on the basis, or as

a result, of the exportation of such refined sugar or any sugar containing products manufactured with the use of such transferred sugar.

(e) If a licensee has made a full settlement of the balance on a license, the licensee may surrender the license on terms and conditions acceptable to the Licensing Authority. A licensee may, with the written permission of the Licensing Authority, transfer a license to another refiner who does not hold a license, subject to such terms and conditions as the Licensing Authority may impose as he or she determines to be necessary or appropriate to carry out the purposes of this subpart.

(f) The licensee may utilize an agent to import, export or make transfers of sugar. The licensee must provide to the Licensing Authority a written authorization designating such person to act as an agent for the purpose of importing, exporting or transferring sugar. If the licensee uses an agent to export the refined sugar, the licensee shall notify the Licensing Authority in writing of the agent's identity, and the agent shall certify to the Licensing Authority in writing that the refined sugar has been exported from the customs territory of the United States.

[55 FR 41489, Oct. 12, 1990, as amended at 56 FR 30863, July 8, 1991]

§ 1530.103 Bond requirements.

(a) Unless the licensee has posted a performance bond with the U.S. Customs Service which is satisfactory to the Licensing Authority with respect to the requirements of this program, the licensee shall post a performance bond which meets the requirements of this section with the Licensing Authority. However, no bond will be required for the quantity of any sugar imported under license that corresponds to a quantity of sugar that has been exported or transferred prior to the importation of such sugar and credited to the license in accordance with §1530.107, provided that the Licensing Authority issues a written waiver of the bond requirement.

(b) A bond may cover entries made either during the period of time specified in the bond (term bond) or for a specified entry (single entry bond).

(c) Only the licensee who will process (refine) the sugar may be the principal on a bond to cover such sugar to be reexported in refined form. The surety or sureties shall be among those listed by the Secretary of the Treasury as acceptable on Federal bonds.

(d) The obligation under the bond shall be made effective as of the date of entry of the imported sugar.

(e) The amount of the bond shall be equal to 20 cents per pound of sugar imported under the license.

(f) The appropriate customs official or the Licensing Authority, as appropriate, will release the obligation under the bond by 20 cents per pound for the quantity of sugar credited to the license in accordance with § 1530.107.

(g) If the licensee fails to qualify for a credit to the license within 95 days of the date of export of corresponding sugar in an amount sufficient to offset the charge to the license for that corresponding sugar or if such a credit initially granted is subsequently revoked, payment will be made to the United States of America under the bond of a monetary amount equal to 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 refined sugar, converted to raw value, that should have been, but was not, exported in timely compliance with the requirements of this subpart. 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.

(h) Within 10 business days of the date of issuance of a license, the licensee shall submit to the Licensing Authority a copy of the performance bond.

[55 FR 41489, Oct. 12, 1990, as amended at 56 FR 30863, July 8, 1991]

(3) An identification of the imported sugar to which the exported sugar or sugar contained in the exported sugar containing products corresponds, 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.

(d) 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.

[55 FR 41489, Oct. 12, 1990, as amended at 56 FR 30863, July 8, 1991]

$1530.106 Transfer of sugar.

(a) Transfers of sugar from a licensee to a manufacturer must conform with the conditions of the license, the provisions of this program and the program provided for in subpart B of this part, and any other procedures specified by the Licensing Authority.

(b) Refined sugar transferred under a license must be shipped by the licensee to the manufacturer within 90 days of the date of entry of the sugar entered under subheading 1701.11.02 of the HTS to which the refined sugar corresponds.

(c) The licensee shall submit to the Licensing Authority, within 10 business days of the transfer of sugar, a Notice of Transfer which must adequately identify the refined sugar transferred by the licensee, including the polarization and weight of the transferred sugar and the date of transfer.

(d) The licensee may make transfers of refined sugar to more than one manufacturer; however, the combined total

(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:

(1) Quantities of refined sugar, adjusted pursuant to paragraph (c) of this section, for which proof of export has been submitted in accordance with the provisions of §1530.105 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 refined sugar;

(2) Quantities of refined sugar, adjusted pursuant to paragraph (c) of this section, for which a Notice of Transfer has been submitted to the Licensing Authority in accordance with §1530.106 of this subpart; and

(3) Quantities of sugar charged to the license which the Licensing Authority determines have been destroyed, lost in processing the sugar, or otherwise disposed of so as to render the exportation or transfer of a corresponding quantity of sugar impossible or unnecessary.

(c) Adjustments of the quantities of imported sugar charged to the license and refined sugar exports credited to the license will be made as follows: