cordingly, only in rare cases is it possible for the parity price of any agricultural commodity to become seriously out of line with the parity prices of other agricultural commodities. In any case, however, in which producers of any agricultural commodity believe that the parity price of such commodity, as computed pursuant to the provisions of section 301 (a) (1), is seriously out of line with the parity prices of other agricultural commodities, a request for a public hearing under section 301 (a) (1) (F) may be submitted to the Secretary of Agriculture by a substantial number of interested producers. The producers shall also furnish to the Secretary, with such request or separately, data supporting their conclusion that the parity price of such commodity is seriously out of line with the parity prices of other commodities. Upon receipt of such a request with supporting data, or at any time upon the Secretary's own motion, this Department will make a preliminary study of the relationship between the parity price of such commodity and the parity prices of other commodities, and if the Secretary concludes that there appears to be reasonable grounds for believing that the parity price of such commodity is seriously out of line with the parity prices of other agricultural commodities, a hearing will be held pursuant to the provisions of section 301 (a) (1) (F).

(b) Notice of hearing. If the Secretary of Agriculture determines that such a hearing shall be held, he shall issue a notice of the hearing, which shall be filed with the Hearing Clerk of the United States Department of Agriculture, who shall promptly (1) cause such notice to be published in the FEDERAL REGISTER, and (2) mail a copy thereof to each of the producers who requested the hearing and to grower organizations known to be interested in the hearing. Legal notice of the hearing shall be deemed to be given upon filing such notice with the FEDERAL REGISTER for publication, and failure to give notice in the manner otherwise provided in this paragraph shall not affect the legality of the notice. The notice of hearing shall state the purpose of the hearing and the time and place of the hearing. The time of the hearing shall not be less than fifteen days after the date of publication of the notice in the FEDERAL REGISTER, unless the Secretary shall determine that an emergency exists which requires a shorter period of notice,

in which case the period of notice shall be that which the Secretary determines to be reasonable in the circumstances.

(c) Conduct of hearing—(1) Presiding officer. Each hearing held under section 301 (a) (1) (F) shall be presided over by a Hearing Examiner of the Office of Hearing Examiners of the United States Department of Agriculture or such other employee of the Department as the Secretary may designate for the purpose. (2) Time and place of hearing. hearing shall be heard at the time and place set forth in the notice of hearing but may be continued by the presiding officer from day to day or adjourned to a later date or to a different place without notice other than the announcement thereof at the hearing.

Each

(3) Order of procedure. At the commencement of the hearing, the presiding officer shall file as an exhibit a copy of the FEDERAL REGISTER containing the notice of the hearing and shall then outline briefly the procedure to be followed. Evidence shall then be received from interested persons in such order as the presiding officer shall prescribe.

(4) Submission of evidence. The hearing shall be conducted in such a way as to obtain a clear and orderly record. All interested persons appearing at the hearing shall be given reasonable opportunity to offer data, views, or arguments relevant to (i) whether the parity price for the agricultural commodity involved is or is not seriously out of line with the parity prices of other agricultural commodities, and (ii) the proper relationship between the parity price of such commodity and the parity prices of other agricultural commodities and the revisions, if any, which should be made in computing the parity price of such commodity. All documentary exhibits shall be submitted in duplicate. The presiding officer shall, insofar as possible, exclude irrelevant, immaterial, or unduly repetitious evidence but shall not apply technical judicial rules of evidence. Every witness shall be subject to questioning by the presiding officer or by any other representative of the Department, but cross-examination by other persons shall not be allowed, except in the discretion of the presiding officer. The proceedings at the hearing shall be transscribed verbatim.

(5) Written arguments. The presid ing officer shall fix a time, not to exceed ten days from the close of the hearing,

within which interested persons may file written arguments with the Hearing Clerk.

(d) Preparation and issuance of determination-(1) Preparation of recommendation. As soon as practicable after the close of the hearing, the presiding officer, or such employees of the Department as may be assigned for the purpose, shall review, consider, and weigh all evidence of probative value, views, and arguments which have been submitted, and may consider other pertinent information and data which is available in the Department of Agriculture, and shall submit a recommendation thereon to the Secretary.

(2) Determination by the Secretary. As soon as possible after receipt of the recommendation, the Secretary shall determine whether the parity price of such commodity computed in accordance with section 301 (a) (1) appears to be seriously out of line with the parity prices of other agricultural commodities, whether the facts require a revision of the method of computing the parity price of such commodity, and the revision, if any, which is required in the method of computing the parity price of such commodity. Such determination by the Secretary shall be final. The Secretary's determination shall be filed with the Hearing Clerk who shall cause the determination to be published promptly in the FEDERAL REGISTER. The Hearing Clerk shall also mail a copy of the determination to each producer and grower organization which participated in or is known to be interested in the hearing. Upon application to the Hearing Clerk, any person shall be entitled to a copy of the determination.

[23 F. R. 9252, Nov. 29, 1958]

6.71 6.72

6.73

6.74 6.75

Reentry cotton.

Offset cotton.

Documentary requirements.

Certificate and authorization.

AUTHORITY: The provisions of this Part 6 issued under sec. 10, 48 Stat. 37, sec. 22, 49 Stat. 773; 7 U.S.C. 610, 624, unless otherwise noted.

Subpart-General Provisions

AUTHORITY NOTE: §§ 6.2 to 6.9 interpret or apply sec. 8, 65 Stat. 75; 19 U. S. C. 1365.

SOURCE: §§ 6.2 to 6.9 appear at 17 F. R. 8287, Sept. 16, 1952, 19 F. R. 57, Jan. 6, 1954.

CROSS REFERENCE: For United States Tariff Commission regulations on investigations of effects of imports on agricultural programs, see 19 CFR Part 204.

§ 6.2 Responsibility for actions under section 22 and section 8(a).

The primary responsibility within the Department of Agriculture for action on matters for which the Secretary is responsible under section 22 of the Agricultural Adjustment Act of 1933, as amended, and section 8(a) of the Trade Agreements Extension Act of 1951 is assigned to the Administrator, Foreign Agricultural Service (referred to in this part as the "Administrator"), but the other offices, agencies, and bureaus of the Department whose activities will be affected by any action under section 22 or section 8(a) shall be consulted by the Administrator in discharging his responsibility under this part.

§ 6.3 Requests by interested persons for action by Department of Agriculture. (a) Section 22. A request for action under section 22 should be submitted

in duplicate to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington 25, D. C. Such request shall include a statement of the reasons why action would be warranted under section 22 and shall be supported by appropriate information and data.

(b) Section 8 (a). A request for action under section 8 (a) should be submitted in duplicate to the Administrator, Foreign 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 treatment, and shall be supported by appropriate information and data. A request under section 8 (a) submitted in connection with a proposed section 7 (Trade Agreements Extension Act of 1951) investigation shall not be acted upon until a section 7 application has been properly filed by the person making the request with the Tariff Commission, and a copy of such application and supporting information and data are furnished the Administrator.

(a) Section 22. The Administrator shall cause an investigation to be made whenever, based upon a request submitted pursuant to § 6.3 or upon other information available to him, he determines that there is reasonable ground to believe that the imposition of import quotas or fees under section 22 may be warranted, or that the termination or modification of import quotas or fees in effect under section 22 may be warranted.

(b) Section 8 (a). The Administrator shall cause an immediate investigation to be made whenever (1) a request is received for emergency treatment in connection 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 determines that there is reasonable ground to believe that the imposition of import quotas or fees under section 22 may be warranted; or (3) the Administrator, upon the basis of other information available to him, has reasonable ground for believing that emergency treatment under section 8 (a) is necessary. The Administrator shall expedite to the fullest 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 investigation shall cover (1) whether the commodity is a perishable agricultural commodity; (2) whether, due to the perishability of the commodity, a condition exists requiring emergency treatment as indicated by such factors as (i) the marketing season for the commodity, (ii) past and prospective domestic production, stocks, requirements, and prices, (iii) past and prospective imports; and (3) such other matters as the Administrator determines 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 paragraph.

§ 6.5

Hearings under section 22.

The Administrator is authorized to provide for such public hearings as he deems necessary to discharge the responsibility 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 section 22, public hearings shall be held in connection with investigations conducted under § 6.4 (a) only when the Administrator determines that a public hearing is necessary to obtain supplementary information not otherwise available. Any public hearing which is held shall be conducted by representatives designated for the purpose by the Administrator; shall be preceded by such public notice as, in the opinion of the Administrator, will afford interested persons reasonable opportunity to attend and present information; and minutes of the proceedings at such hearing shall be obtained. Hearings shall be informal and technical rules of evidence shall not apply. Such hearings are for the purpose of obtaining information for the assistance of the Secretary. However, in discharging his responsibilities under section 22, the Secretary is not restricted to the information adduced at hearings.

the

§ 6.6 Submission of recommendations under section 22.

(a) The Administrator shall make a report to the Secretary upon the completion of each investigation made by him pursuant to § 6.4(a). The report shall summarize the information disclosed by the investigation; shall con

tain the recommendations of the Administrator; and, in case action under section 22 is recommended, shall be accompanied by a suggested letter from the Secretary to the President recommending that the Tariff Commission be directed to conduct an investigation. Such report shall be submitted to the other offices, agencies, and bureaus of the Department of Agriculture whose activities would be affected, for concurrence or comment.

(b) The Secretary will recommend that the President direct the Tariff Commission to conduct an investigation under section 22 only if he has reason to believe, upon the basis of the information available to him, that import quotas or fees should be imposed.

§ 6.7 Submission of recommendations under section 8(a) (emergency treatment).

(a) Section 22. The Administrator's report submitted pursuant to § 6.6 shall indicate whether or not emergency treatment is necessary. If emergency treatment is recommended, the report shall discuss the condition which requires emergency treatment and be accompanied by suggested letters from the Secretary to the President, to the Tariff Commission, and to the petitioner (if any) advising them of the Secretary's 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 recommendations of the Tariff Commission, or whether a decision by the President may appropriately be withheld until the recommendations of the Tariff Commission are received. emergency treatment requested is not recommended, the report to the Secretary shall be accompanied by suggested letters from the Secretary to the petitioner and the Tariff Commission stating the action taken.

If

(b) Section 7. The Administrator shall make a report to the Secretary upon the completion of each investigation made by him pursuant to § 6.4 (b). The report shall summarize the information disclosed by the investigation, including the points listed in § 6.4 (b) which were considered in reaching the recommendation, and shall contain the recommendations of the Administrator as to whether or not emergency treatment is required. If emergency treatment is

recommended, the report shall discuss the condition which requires emergency treatment and shall be accompanied by suggested letters from the Secretary to the President, to the Tariff Commission, and to the petitioner advising them of the Secretary's 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 recommendations of the Tariff Commission, or whether a decision by the President may appropriately be withheld until the recommendations of the Tariff Commission are received. If emergency treatment is not recommended, the report to the Secretary shall be accompanied by suggested letters from the Secretary to the petitioner and to the Tariff Commission stating the action taken. Each such report shall be submitted to the other offices, agencies, and bureaus of the Department of Agriculture whose activities would be affected, for concurrence or comment.

§ 6.8 Representation at Tariff Commission hearings.

The Department of Agriculture shall be represented at all hearings conducted by the Tariff Commission under section 22 by persons designated by the Administrator, assisted by a representative of the Office of the General Counsel. Such representatives shall present the recommendations of the Department of Agriculture, shall submit such information and data in support thereof as are available, and shall exercise the right of examining other witnesses which is granted to the Secretary.

[17 F. R. 8287, Sept. 16, 1952; 20 F. R. 1830, Mar. 25, 1955]

Persons desiring information from the Department of Agriculture regarding section 22 or section 8(a), or any action with respect thereto, should address such inquiries to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington 25, D.C.

Subpart-Section 22 Import Quotas

AUTHORITY: §§ 6.20 to 6.31 issued under sec. 3, 62 Stat. 1248, as amended; 7 U.S.C. 624; Proclamation 3548, Proclamation 3558, Proclamation 3562, Proclamation 3597, sec. 88 of the Tariff Schedules Technical Amendments Act of 1965 (79 Stat. 950), Proclama

The provisions proclaimed by the President pursuant to section 22 of the Agricultural Adjustment Act, as amended, imposing quantitative limitations on certain commodities imported into the United States which are set forth in Part 3 of the appendix to the Tariff Schedules of the United States, as amended, include the issuance of licenses, by or under the authority of the Secretary of Agriculture, for the importation of the commodities which are listed in appendix 1 of §§ 6.20 to 6.31. It is further provided that such licenses shall be issued under regulations of the Secretary of Agriculture which he determines will, to the fullest extent practicable, result in (a) the equitable distribution of the respective quotas for such commodities among importers or users and (b) the allocation of shares of the respective quotas for such commodities among supplying countries, based upon the proportion supplied by such countries during previous representative periods, taking due account of any special factors which may have affected or may be affecting the trade in the commodities concerned and that no licenses shall be issued which will permit any of the cheeses or substitutes for cheese to be entered during the first 6 months of a quota year in excess of more than one-half of the annual import quotas specified for such commodities. It is hereby determined that the regulations set forth in §§ 6.20 to 6.31 will, to the fullest extent practicable, accomplish this result.

Except where the context otherwise requires, the following terms shall have the meanings set forth in this section:

(a) "Licensing Authority" means the Chief, Import Branch, Foreign Agricultural Service, U.S. Department of Agriculture, and any other officer or employee of the Department designated in writing as Acting Chief in the absence of the Chief.

(b) "Appendix 1" means appendix 1 of §§ 6.20 to 6.31.

(c) "Import" or "enter" means to enter through, or withdraw from ware

house, under custody of the U.S. Bureau of Customs for consumption in the United States.

(d) "United States" means the United States, the District of Columbia, and Puerto Rico.

(e) "Person" includes any individual, firm, corporation, partnership, association, or other organized group of persons. It also includes any government (other than the Government of the United States and any agency thereof).

(f) "Eligible applicant" means a person applying for a license to import a commodity who has established, to the satisfaction of the Licensing Authority, his eligibility to import such commodity.

(g) "Licensee" means any person to whom an import license has been issued pursuant to §§ 6.20 to 6.31.

(h) "Annual quota❞ means the quantity of a commodity which may be imported in a quota year as provided in appendix 1.

(i) "Quota year" means the 12-month period beginning on January 1 of any year.

(j) "Quota share" means that part of the annual quota of a commodity listed in appendix 1 for which a person is eligible.

(k) The terms "Supplying country" and "Country of origin" mean the country in which the commodity was produced.

(1) "Commodity" and "Commodities" mean commodity or product referred to in appendix 1.

(m) The meaning of the terms “butter," "dried cream," "malted milk," "dried whole milk," "dried skim milk," "dried buttermilk," "dried whey," and "cheese" shall be that as provided in appendix 1.

(n) "Other Country" or "Other Countries" shall refer to those countries as shown in the appendix as sharing a common quota and shall be deemed to be one country of origin for the purpose of this regulation.

§ 6.22 Prohibitions and restrictions on imports.

(a) No person shall import or cause to be imported any commodity listed in appendix 1, except as provided in § 6.23 or as authorized by an import license issued pursuant to §§ 6.20 to 6.31.

(b) The issuance of an import license does not relieve any person from compliance with any requirement of §§ 6.20 to 6.31 or any other applicable laws and regulations.