PART 2011—ALLOCATION OF TARIFF-RATE QUOTA ON IMPORTED SUGARS, SYRUPS AND MOLASSES Authority: 19 U.S.C. 3601, Presidential Proclamation No. 6763, Additional U.S. note 5 to chapter 17 of the Harmonized Tariff Schedule of the United States. Source: 55 FR 40648, Oct. 4, 1990, unless otherwise noted. Subpart A—Certificate of Quota Eligibility § 2011.101 General. This subpart sets forth the terms and conditions under which certificates of quota eligibility will be issued to foreign countries that have been allocated a share of the U.S. sugar tariff-rate quota. Except as otherwise provided in this subpart, sugar imported from a foreign country may not be entered unless such sugar is accompanied by a certificate of quota eligibility. This subpart applies only to the ability to enter sugar at the in-quota tariff rates of the quota (subheadings 1701.11.10, 1701.12.10, 1701.91.10, 1701.99.10, 1702.90.10, and 2106.90.44 of the HTS). Nothing in this subpart shall affect the ability to enter articles at the over-quota tariff rate (subheadings 1701.11.50, 1701.12.50, 1701.91.30, 1701.99.50, 1702.90.20, 2106.90.46). [61 FR 26784, May 29, 1996] § 2011.102 Definitions. Unless the context otherwise requires, for the purpose of this subpart, the following terms shall have the meanings assigned below. (a) Additional U.S. Note 5 (b) Appropriate customs official (c) Certificate of quota eligibility certificate (d) Certifying authority (e) Enter Entry (f) Foreign country (g) HTS (h) Licensing Authority (i) Person (j) Quota (k) Quota period (l) Raw value (m) Secretary (n) Sugar [55 FR 40648, Oct. 4, 1990, as amended at 61 FR 26784, May 29, 1996] § 2011.103 Entry into the United States. (a) General. (b) Determinations of weight. (2) The actual weight of the sugar entered into the United States may not exceed the weight specified on the certificate of quota eligibility by more than five percent. Such tolerance may be modified by the Secretary if the Secretary finds that such modification is appropriate to carry out the provisions of this subpart. Notice of any such modification shall be published by the Secretary in the Federal Register. (3) This paragraph (b) shall not affect the manner in which the amount of sugar (raw value) entered is determined fo purposes of administering the quota. [55 FR 40648, Oct. 4, 1990, as amended at 61 FR 26784, May 29, 1996] § 2011.104 Waiver. (a) General. (b) Request for waiver. (c) Issuance of waiver. [55 FR 40648, Oct. 4, 1990, as amended at 61 FR 26784, May 29, 1996] § 2011.105 Form and applicability of certificate. (a) Contents. (b) Other limitations. (c) Applicability of the certificate. [55 FR 40648, Oct. 4, 1990, as amended at 61 FR 26784, May 29, 1996] § 2011.106 Agreements with foreign countries. Agreements or arrangements providing for the certificate system may be entered into by the United States Government with the governments of foreign countries. Such agreements or arrangements may provide for the designation of certifying authorities, the designation of seals or other forms of authentication, the transmittal and exchange of pertinent information, and other appropriate means or forms of cooperation. § 2011.107 Issuance of certificates to foreign countries. (a) Amount and timing. (b) Adjustments. (1) The amount of sugar entered into warehouse during previous quota periods; (2) Anticipated differences in actual weight and weight determined on a raw value basis; and (3) Other relevant factors. [55 FR 40648, Oct. 4, 1990, as amended at 61 FR 26784, May 29, 1996] § 2011.108 Execution and issuance of certificates by the certifying authority. (a) Execution. (1) Entering on the certificate the information required under § 2011.105 of this subpart; and (2) Affixing a seal or other form of authentication to the certificate. (b) Issuance. (c) Modifications by the certifying authority. (d) A certificate shall not be considered valid unless it is executed and issued in accordance with this section. § 2011.109 Suspension or revocation of individual certificates. (a) Suspension or revocation. (b) Reinstatement. [55 FR 40648, Oct. 4, 1990, as amended at 61 FR 26784, May 29, 1996] § 2011.110 Suspension of certificate system. (a) Suspension. Federal Register. (b) Reinstatement. Federal Register. (c) Transitional provisions. Subpart B—Specialty Sugar § 2011.201 General. This subpart sets forth the terms and conditions under which certificates will be issued to U.S. importers for importing specialty sugars from specialty sugar source countries. Specialty sugars imported from specialty sugar source countries may not be entered unless accompanied by a specialty sugar certificate. This subpart applies only to the ability to enter specialty sugar at the in-quota tariff rates of the quota (subheadings 1701.11.10, 1701.12.10, 1701.91.10, 1701.99.10, 1702.90.10, and 2106.90.44 of the HTS). Nothing in this subpart shall affect the ability to enter articles at the over-quota tariff rate (subheadings 1701.11.50, 1701.12.50, 1701.91.30, 1701.99.50, 1702.90.20, 2106.90.46). [61 FR 26785, May 29, 1996] § 2011.202 Definitions. Unless the context otherwise requires, for the purpose of this subpart, the following terms shall have the meanings assigned below. (a) Appropriate Customs official (b) Certificate (c) Certifying Authority (d) Date of entry (e) Importer (f) Person (g) Quota (h) Secretary (i) Specialty sugar (1) Are sugars, syrups, or molasses described in subheading 1701.11.10, 1701.12.10, 1701.91.10, 1701.99.10, 1702.90.10, or 2106.90.44 of the Harmonized Tariff Schedule of the United States, (2) Are the product of a specialty sugar source country, and (j) Specialty sugar source country [55 FR 40648, Oct. 4, 1990, as amended at 61 FR 26785, May 29, 1996] § 2011.203 Issuance of specialty sugar certificates. (a) Specialty sugars imported into the United States from specialty sugar source countries may be entered only if such specialty sugars are accompanied by a certificate issued by the Certifying Authority. (b) A certificate may be issued to an importer who complies with the provisions of this part. The certificate may contain such conditions, limitations or restrictions as the Certifying Authority, in his discretion, deems necessary. The Certifying Authority will issue a certificate if sufficient evidence has been provided to permit the Certifying Authority to make a reasonable determination that the sugar proposed to be imported under the certificate fits the definition of specialty sugars in this subpart. (c) Subject to quota availability, an unlimited number of complying shipments may enter under a given certificate and a given certificate may cover more than one type of specialty sugar. Issuance of a certificate does not guarantee the entry of any specific shipment of specialty sugar, but only permits entry of such sugar if the amount allocated to the specialty sugar source country is not already filled. [55 FR 40648, Oct. 4, 1990, as amended at 61 FR 26785, May 29, 1996] § 2011.204 Entry of specialty sugars. An importer or the importer's agent must present a certificate to the appropriate customs official at the date of entry of specialty sugars. Entry of specialty sugars shall be allowed only in conformity with the description of sugars and other conditions, if any, stated in the certificate. [61 FR 26785, May 29, 1996] § 2011.205 Application for a specialty sugar certificate. Applicants for certificates for the import of specialty sugars must apply in writing to the Certifying Authority. Such letter of application shall contain the following information: (a) The name and address of the applicant; (b) A statement of the anticipated quantity of specialty sugars to be imported, if known; (c) The appropriate six digit HTS subheading number; (d) A description of the specialty sugar the importer expects to import during the period of the certificate, including the manufacturer's or exporter's usual trade name or designation and use of such specialty sugar, and the importer's use of such specialty sugar; (e) Sufficient evidence to permit the Certifying Authority to make a reasonable determination that such sugars are specialty sugars within the definition of specialty sugars in this subpart; (f) The name of the anticipated consumer of the specialty sugars, if known at time of application; and (g) The anticipated date of entry, if known at time of application. The Certifying Authority may waive any provision of this section for good cause if her or she determines that such a waiver will not adversely affect the implementation of this subpart. § 2011.206 Suspension or revocation of individual certificates. (a) Suspension or revocation. (b) Reinstatement. (c) The determination of the Certifying Authority under paragraph (a) that the importer has failed to comply with the requirements of this subpart may be appealed to the Director, Import Policy and Trade Analysis Division, Foreign Agricultural Service (FAS), U.S. Department of Agriculture, Washington, DC 20250, within 30 days from the date of suspension or revocation. The request for reconsideration shall be presented in writing and shall specifically state the reason or reasons why such determination should not stand. The Director shall provide such person with an opportunity for an informal hearing on such matter. A further appeal may be made to the Administrator, FAS, U.S. Department of Agriculture, Washington, DC 20250, within five working days of receipt of the notification of the Director's decision. The Certifying Authority may take action under paragraph (b) during the pendency of any appeal. [55 FR 40648, Oct. 4, 1990, as amended at 61 FR 26785, May 29, 1996] § 2011.207 Suspension of the certificate system. (a) Suspension. Federal Register. (b) Reinstatement. Federal Register. (c) Transitional provisions. [55 FR 40648, Oct. 4, 1990, as amended at 61 FR 26785, May 29, 1996] § 2011.208 Paperwork Reduction Act assigned number. The Office of Management and Budget (OMB) has approved the information collection requirements contained in the regulations in this subpart in accordance with 44 U.S.C. Chapter 25 and OMB control number 0551-0014 has been assigned with corresponding clearance effective through April 30, 1997. [61 FR 26785, May 29, 1996]