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497 PART 1435—SUGAR PROGRAM Subpart A—General Provisions

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497 PART 1435—SUGAR PROGRAM Subpart A—General Provisions Commodity Credit Corporation, USDA § 1435.2 the county office that made the loan, AUTHORITY: 7 U.S.C. 7272; and 15 U.S.C. 714b be made to the persons who would be and 714c entitled to such producer’s share under SOURCE: 61 FR 37618, July 18, 1996, unless the regulations contained in part 707 of otherwise noted. this title. Applications for loans may be made upon application of a rep- Subpart A—General Provisions resentative of the producer as allowed under standard practice for farm pro- § 1435.1 Applicability. grams. These regulations set forth the terms (b) Appeals of adverse decisions made and conditions under which Com- under this part shall be subject to the modity Credit Corporation (CCC) will provisions of 7 CFR parts 11 and 780. make loans and enter agreements with (c) In order to effectuate a conversion eligible processors for the 1996–2002 of 2000-crop recourse honey loans to crop years. Additional terms and condi- nonrecourse loans, producers will be re- tions are set forth in the loan applica- quired to sign a new CCC–677 Note and tion and the note and security agree- Security Agreement. The loan matu- ment which the processor must execute rity date will remain the same as the in order to receive a loan. These regu- original recourse loan, the loan rate lations stipulate the requirements for will be increased and additional dis- making sugar marketing assessment bursements will be paid to the pro- payments to CCC for fiscal years 1996 ducers. through 2003 and the information re- porting requirements for the 1996–2002 PART 1435—SUGAR PROGRAM crop years. Subpart A—General Provisions [61 FR 37618, July 18, 1996, as amended at 62 FR 34612, June 27, 1997] Sec. 1435.1 Applicability. § 1435.2 Definitions. 1435.2 Definitions. The definitions set forth in this sec- 1435.3 Maintenance and inspection of tion are applicable for all purposes of records. program administration. The terms de- Subpart B—Loan Program fined in part 718 of this title are also applicable. 1435.100 Applicability. Beet sugar means sugar which is proc- 1435.101 Administration. essed directly or indirectly from sugar 1435.102 Loan rates. beets or sugar beet molasses. 1435.103 Eligibility requirements. Cane sugar refiner means a person 1435.104 Availability, disbursement, and ma- who processes raw cane sugar into re- turity of loans. 1435.105 Loan maintenance. fined crystalline sugar or liquid sugar. 1435.106 Loan settlement and foreclosure. CCC means the Commodity Credit 1435.107 Storage facility requirements. Corporation, USDA. 1435.108 Processor storage agreement. Crop year for the 1996 crop means the 1435.109 Miscellaneous provisions. period from July 1, 1996 through Sep- 1435.110 Applicable forms. tember 30, 1997. Crop year for the 1997– 2001 crops means the period from Octo- Subpart C—Sugar Marketing Assessments ber 1 through September 30, inclusive, 1435.200 General statement. and is identified by the year in which 1435.201 Marketing assessment rates. the crop year begins. For example, the 1435.202 Remittance. 1997 crop year begins on October 1, 1997. 1435.203 Civil penalties and interest. The 1997 crop of sugar beets, sugarcane, 1435.204 Refunds. or sugar means domestically-produced 1435.205 Special rules for fiscal years 2000 sugar beets, domestically-produced and 2001. sugarcane, or sugar processed from do- mestically-produced sugar beets or sug- Subpart D—Information Reporting and arcane during the 1997 crop year. Crop Recordkeeping Requirements year for the 2002 crop means the period 1435.300 General statement. from October 1, 2002 through June 30, 1435.301 Civil penalties. 2003. Sugar from desugaring molasses is 497 VerDate 11<MAY>2000 02:49 Jan 16, 2002 Jkt 197019 PO 00000 Frm 00497 Fmt 8010 Sfmt 8010 Y:\SGML\197019T.XXX pfrm01 PsN: 197019T § 1435.3 7 CFR Ch. XIV (1–1–02 Edition) considered to be from the crop year the and consisting of, or containing, su- desugaring took place. crose or invert sugar, including all raw First processor means a person who sugar, refined crystalline sugar, liquid commercially produces beet sugar or sugar, edible molasses, and cane syrup. raw cane sugar, directly or indirectly, Sugar beet processor means a person from domestically-produced sugar who produces sugar by commercially beets or sugarcane, or from molasses or processing sugar beets or sugar beet thick juice derived from domestically- molasses. produced sugar beets or sugarcane. Sugarcane processor means a person Market means, relative to any first who produces raw cane sugar by com- processor, the shipment in conjunction mercially processing sugarcane or sug- with a sale or other disposition, or the arcane molasses. forfeiture to CCC, of beet sugar or raw Tariff-rate quota means the total of cane sugar by the first processor of the aggregate quantities of raw cane such sugar, and the movement of raw sugar and other sugars, syrups and mo- cane sugar into the refining process. lasses established, or subsequently Beet sugar or raw cane sugar is deemed modified, by the Secretary pursuant to to be marketed as of the date of ship- the provisions of additional U.S. note ment from the first processor’s facility, 5(a) to chapter 17 of the Harmonized the date on which raw cane sugar was Tariff Schedule of the United States moved into the refining process, or the (HTS) for imports to be entered, or date on which sugar was forfeited to withdrawn from warehouse for con- CCC. sumption, under subheadings 1701.11.10, Nonrecourse loan means a loan for 1701.12.10, 1701.91.10, 1701.99.10, 1702.90.10, which the eligible sugar offered as loan and 2106.90.44 of the HTS or successor collateral may be delivered or forfeited subheadings. to CCC, at loan maturity, in satisfac- tion of the loan indebtedness. [61 FR 37618, July 18, 1996, as amended at 62 Raw sugar means any sugar which is FR 34612, June 27, 1997; 66 FR 15182, Mar. 15, to be further refined or improved in 2001] quality. § 1435.3 Maintenance and inspection of Raw value of any quantity of sugar records. means its equivalent in terms of raw sugar testing 96 sugar degrees, as de- (a) CCC, as well as any other U.S. termined by a polarimetric test per- Government agency, has the right of formed in accordance with procedures access to the premises of any sugar recognized by the International Com- beet processor, sugarcane processor, mission for Uniform Methods of Sugar cane sugar refiner, or of any other per- Analysis (ICUMSA). Direct-consump- son having custody of records that the tion sugar derived from sugar beets and examining agency deems necessary to testing 92 or more sugar degrees by the verify compliance with the require- polariscope shall be translated into ments of this part. The examining terms of raw value by multiplying the agency has the right to inspect, exam- actual number of pounds of such sugar ine, and make copies of such books, by 1.07. Sugar derived from sugarcane records, accounts, and other written or and testing 92 sugar degrees or more by electronic data as the examining agen- the polariscope shall be translated into cy deems relevant. terms of raw value in the following (b) Each sugar beet processor, sugar- manner: raw value = {[(actual degree of cane processor, and cane sugar refiner polarization ¥ 92 ) × 0.0175 ] + 0.93} × ac- or any person having custody of the tual weight. For sugar testing less than records shall retain such books, 92 sugar degrees by the polariscope, de- records, accounts, and other written or rive raw value by dividing the number electronic data for not less than 3 of pounds of the ‘‘total sugar content’’ years from the date: (i.e., the sum of the sucrose and invert (1) A loan is disbursed in accordance sugars) thereof by 0.972. with subpart B; Sugar means any grade or type of sac- (2) A marketing assessment is remit- charine product derived, directly or in- ted to CCC in accordance with subpart directly, from sugarcane or sugar beets C; and 498 VerDate 11<MAY>2000 02:49 Jan 16, 2002 Jkt 197019 PO 00000 Frm 00498 Fmt 8010 Sfmt 8010 Y:\SGML\197019T.XXX pfrm01 PsN: 197019T Commodity Credit Corporation, USDA § 1435.103 (3) Market data are reported to CCC (e) The Deputy Administrator, FSA, in accordance with subpart D. may authorize State and county com- mittees to waive or modify deadlines Subpart B—Loan Program and other program requirements in cases where lateness or failure to meet § 1435.100 Applicability. such requirements do not adversely af- fect program operation. (a) This subpart is applicable to the (f) A CCC representative may execute 1996 through 2002 crops of sugar beets loans and related documents only and sugarcane. The regulations of this under the terms and conditions CCC de- subpart set forth the terms and condi- termines and announces. Any such doc- tions under which CCC will make non- ument which is not executed in accord- recourse loans available to eligible ance with such terms and conditions, processors. Additional terms and condi- including any purported execution tions are set forth in the loan applica- prior to the CCC-authorized date, shall tion and note and security agreement be null and void. which a processor must execute to re- ceive a loan. § 1435.102 Loan rates. (b) Loan rates used in administering (a) The national average loan rate for the loan program are available in FSA raw cane sugar produced from the 1996 State and county offices. through 2002 crops of domestically- (c) Loans shall not be available for grown sugarcane is 18 cents per pound, sugar produced from imported sugar raw value.
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