(h) The quota established for any foreign country and the quantity authorized to be imported from any country under subsection (d) (2) of this section may be filled only with sugar produced from sugarbeets or sugarcane grown in such country. (7 U.S.C. 1112 (h).) CONSUMPTION ESTIMATES AND QUOTAS FOR HAWAII AND PUERTO RICO SEC. 203. In accordance with such provisions of section 201 as he deems applicable, the Secretary shall also determine the amount of sugar needed to meet the requirements of consumers in Hawaii and in Puerto Rico, and shall establish quotas for the amounts of sugar which may be marketed for local consumption in such areas equal to the amounts determined to be needed to meet the requirements of the consumers therein. (7 U.S.C. 1113.) PRORATION OF QUOTA DEFICITS Section 204 (a) The Secretary shall, at the time he makes his determination of requirements of consumers for each calendar year and on December 15 preceding each calendar year, and as often thereafter as the facts are ascertainable by him but in any event not less frequently than each sixty days after the beginning of each calendar year, determine whether, in view of the current inventories of sugar, the estimated production from the acreage of sugarcane or sugar beets planted, the normal marketings within a calendar year of new-crop sugar, and other pertinent factors, any area or country will not market the quota for such area or country. Whenever the Secretary determines that any domestic area or foreign county listed in section 202 (c) (3) (A) will not market its quota, he shall revise the quota for the Republic of the Philippines by allocating to it an amount of sugar equal to 30.08 per centum of the deficit, and shall allocate an amount of sugar equal to the remainder of the deficit to the countries listed in section 202 (c) (3) (A) on the basis of the quotas determined pursuant to section 202 for such countries: Provided, That any deficit resulting from the inability of a country which is a member of the Central American Common Market to fill its quota or its share of any deficit determined under the foregoing provisions of this subsection shall first be allocated to the other member countries on the basis of the quotas determined pursuant to section 202 for such countries: And provided further, That if any quota is restored to Cuba, the maximum per centum of 30.08 of the deficit to be allocated to the Republic of the Philippines shall be reduced to a per centum equal to that which the Philippine quota under subsection (b) of section 202 bears to the sum of such Philippine quota and the quotas determined pursuant to section 202 for all foreign countries pursuant to subsection (c) of section 202. If the Secretary determines the Republic of the Philippines will not fill its share of any deficit determined under the foregoing provisions of this subsection, he shall allocate such unfilled amount to the countries listed in Amended by Pub. L. 86-592, 74 Stat. 331, approved July 6, 1960. Amended by Pub. L. 89-331, 79 Stat. 1275, approved November 8, 1965, and by Pub. L. 92-138, 85 Stat. 383, approved October 14, 1971. 494-294-73-22 section 202 (c) (3) (A) on the basis of the quotas determined pursuant to section 202 for such countries. If the Secretary determines that neither the Republic of the Philippines nor the countries listed in section 202 (c) (3) (A) can fill all of any such deficit, he shall apportion such unfilled amount on such basis and to such foreign countries as he determines is required to fill such deficit. If the Secretary determines that any foreign country with a quota established pursuant to section 202 (c) (3) (B) or section 202 (c) (4) will not market the quota for such area or country, he shall revise the quota for the Republic of the Philippines by allocating to it an amount of sugar equal to 30.08 per centum of the deficit, and shall allocate an arount of sugar equal to the remainder of the deficit to the countries listed in section 202 (c) (3) (B) on the basis of the quotas determined pursuant to section 202 for such countries: Provided, That if any quota is restored to Cuba, the maximum per centum of 30.08 of the deficit to be allocated to the Republic of the Philippines shall be reduced to a per centum equal to that which the Philippine quota under subsection (b) of section 202 bears to the sum of such Philippine quota and the quotas determined pursuant to section 202 for all foreign countries pursuant to subsection (c) of section 202. If the Secretary determines the Republic of the Philippines will not fill its share of any deficit determined for any country listed in section 202 (c) (3) (B), he shall allocate such unfilled amount to the countries so listed on the basis of the quotas determined pursuant to section 202 for such countries. If the Secretary determines that neither the Republic of the Philippines nor the countries listed in section 202(c) (3) (B) can fill all of any such deficit, he shall apportion such unfilled amount on such basis and to such foreign countries as he determines is required to fill such deficit. If the Secretary determines that the Republic of the Philippines will not market its quota, he shall allocate an amount of sugar equal to the deficit to the countries listed in section 202 (c) (3) on the basis of the quotas determined pursuant to section 202 for such countries. Deficits shall not be allocated to any country whose quota has been suspended or withheld pursuant to subsection (d) (1) of section 202. In determining and allocating deficits the Secretary shall act to provide at all times throughout the calendar year the full distribution of the amount of sugar which he has determined to be needed under section 201 of this Act to meet the requirements of consumers. In making allocations for foreign countries within the Western Hemisphere under this subsection, special consideration shall be given to those countries purchasing United States agricultural commodities. Notwithstanding the foregoing provisions of this subsection, if the President determines that such action would be in the national interest, any part of a deficit which would otherwise be allocated to countries listed in section 202 (c) may be allocated to one or more of such countries with a quota in effect on such basis as the President finds appropriate. (7 U.S.C. 1114(a).) (b) The quota established for any domestic area or any foreign country under section 202 shall not be reduced by reason of any determination of a deficit existing in any calendar year under subsection (a) of this section: Provided, That the quota for any foreign country shall be reduced to the extent that it has notified the Secretary that it cannot fill its quota and the Secretary has found under section 202 (d) (4) that such failure was due to crop disaster or other force majeure. (7 U.S.C. 1114 (b).) (c) 10 Notwithstanding the foregoing provisions of this section and section 211 (c), if the Secretary determines that Hawaii or Puerto Rico will be unable to fill its quota established under section 203 for marketing for local consumption on a day-to-day basis, he shall allocate a total amount of sugar not in excess of such deficit to the domestic beet sugar area or the mainland cane sugar area, or both, to be filled by direct consumption or raw sugar, as he determines to be required for local consumption. (7 U.S.C. 1114(c).) ALLOTMENTS OF QUOTAS OR PRORATIONS SEC. 205. (a)11 Whenever the Secretary finds that the allotment of any quota, or proration thereof, established for any area pursuant to the provisions of this Act, is necessary to assure an orderly and adequate flow of sugar or liquid sugar in the channels of interstate or foreign commerce, or to prevent disorderly marketing or importation of sugar or liquid sugar, or to maintain a continuous and stable supply of sugar or liquid sugar, or to afford all interested persons an equitable opportunity to market sugar or liquid sugar within any area's quota, after such hearing and upon such notice as he may by regulations prescribe, he shall make allotments of such quota or proration thereof by alloting to persons who market or import sugar or liquid sugar, for such periods as he may designate, the quantities of sugar or liquid sugar which each such person may market in continental United States, Hawaii, or Puerto Rico, or may import or bring into continental United States, for consumption therein. Allotments shall be made in such manner and in such amounts as to provide a fair, efficient, and equitable distribution of such quota or proration thereof, by taking into consideration the processings of sugar or liquid sugar from sugarbeets or sugarcane, limited in any year when proportionate shares were in effect to processings to which proportionate shares, determined pursuant to the provisions of subsection (b) of section 302, pertained; the past marketings or importations of each such person; and the ability of such person to market or import that portion of such quota or proration thereof allotted to him. The Secretary is authorized in making such allotments, whenever there is involved any allotment that pertains to a new or substantially enlarged existing sugar beet processing facility serving a locality or localities which have received an acreage allotment under section 302(b)(3) or that pertains to a sugar beet processing facility described in section 302 (b) (9), to take into consideration in lieu of or in addition to the foregoing factors of processing, past marketings and ability to market, the need for establishing an allotment which will permit such marketing of sugar as is necessary for reasonably efficient operation of any such sugar beet processing facility during each of the first three years of its operation. The Secretary is also authorized in making such allotments of a quota for any calendar year to take into consideration, in lieu of or in addition to the foregoing factors of processing, past marketings, and ability to market, 10 Added by Pub. L. 92-138, 85 Stat. 384, approved October 14, 1971. the need for establishing an allotment which will permit such marketing of sugar as is necessary for the reasonably efficient operation of any nonafliliated single plant processor of sugarbeets or any processor of sugarcane and as may be necessary to avoid unreasonable carryover of sugar in relation to other processors in the area: Provided, That the marketing allotment of any such processor of sugarbeets shall not be increased under this provision above an allotment of twenty-five thousand short tons, raw value, and the marketing allotment of a processor of sugarcane shall not be increased under this provision above an allotment equal to the effective inventory of sugar of such processor on January 1 of the calendar year for which such allotment is made, except that the marketing allotment for 1965 of any processor of sugarcane, other than a processor-refiner, may, in the discretion of the Secretary, be increased by an additional six thousand two hundred short tons of sugar, raw value: Provided, further, That the total increases in marketing allotments made pursuant to this sentence to processors in the domestic beet sugar area shall be limited to twentyfive thousand short tons of sugar, raw value, for each calendar year and to processors in the mainland cane sugar area shall be limited to sixteen thousand short tons of sugar, raw value, for each calendar year. In making such allotments, the Secretary may also take into consideration and make due allowance for the adverse effect of drought, storm, flood, freeze, disease, insects, or other similar abnormal and uncontrollable conditions seriously and broadly affecting any general area served by the factory or factories of such person. The Secretary may also, upon such hearing and notice as he may by regulations prescribe, revise or amend any such allotment upon the same basis as the initial allotment was made. If allotments are in effect at the time of a reduction in a domestic area quota for any year, the amount marketed by a person in excess of the amount of his allotment as reduced in conformity with the reduction in the quota shall not be taken into consideration in establishing an allotment in the next succeeding year for such person, and any allotment established for such person for the next succeeding year shall be reduced by such excess amount. (7 U.S.C. 1115 (a).) (b) An appeal may be taken, in the manner hereinafter provided from any decision making such allotments, or revisions thereof, to the United States Court of Appeals for the District of Columbia in any of the following cases: (1) By any applicant for an allotment whose application shall have been denied. (2) By any person aggrieved by reason of any decision of the Secretary granting or revising any allotment made to him. (7 U.S.C. 1115 (b).) (c) Such appeal shall be taken by filing with said court, within twenty days after the decision complained of is effective, notice in writing of said appeal and a statement of the reasons therefor, together with proof of service of a true copy of said notice and statement upon the Secretary. Unless a later date is specified by the Secretary as part of his decision, the decision complained of shall be considered to be effective as of the date on which public announcement of the decision is made at the office of the Secretary in the city of Washington. The Secretary shall thereupon, and in any event not later than ten days from the date of such service upon him, mail or otherwise deliver a copy of said notice of appeal to each person shown by the records of the Secretary to be interested in such appeal and to have a right to intervene therein under the provisions of this section, and shall at all times thereafter permit any such person to inspect and make copies of appellants' reasons for said appeal at the office of the Secretary in the city of Washington. Within thirty days after the filing of said appeal the Secretary shall file with the court the record upon which the decision complained of was entered, as provided in section 2112 of title 28, United States Code, and a list of all interested persons to whom he has mailed or otherwise delivered a copy of said notice of appeal. (7 U.S.C. 1115 (c).) (d) Within thirty days after the filing of said appeal any interested person may intervene and participate in the proceedings had upon said appeal by filing with the court a notice of intention to intervene and a verified statement showing the nature of the interest of such party together with proof of service of true copies of said notice and statement, both upon the appellant and upon the Secretary. Any person who would be aggrieved or whose interests would be adversely affected by reversal or modification of the decision of the Secretary complained of shall be considered an interested party. (7 U.S.C. 1115 (d).) (e) At the earliest convenient time the court shall hear and determine the appeal upon the record before it, and shall have power, upon such record, to enter a judgment affirming or reversing the decision, and if it enters an order reversing the decision of the Secretary it shall remand the case to the Secretary to carry out the judgment of the court: Provided, however, That the review by the court shall be limited to questions of law and that findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive unless it shall clearly appear that the findings of the Secretary are arbitrary or capricious. The court's judgment shall be final, subject, however, to review by the Supreme Court of the United States, upon writ of certiorari on petition therefor, under section 240 of the Judicial Code, as amended (U.S.C., title 28, sec. 1254), by appellant, by the Secretary or by any interested party intervening in the appeal. (7 U.S.C. 1115(e).) (f) The court may, in its discretion, enter judgment for costs in favor of or against appellant, and other interested parties intervening in said appeal, but not against the Secretary, depending upon the nature of the issues involved in such appeal and the outcome thereof. (7 U.S.C. 1115 (f).) SUGAR-CONTAINING PRODUCTS SEC. 206.12 (a) If the Secretary determines that the prospective importation or bringing into the continental United States, Hawaii, 1 Secs. 206 (a) and (b) were amended by Pub. L. 92-138, 85 Stat. 385, approved October 14, 1971. |