428 Subpart F-How Do I Count Days For Purposes Of Deadlines and

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428 Subpart F-How Do I Count Days For Purposes Of Deadlines and Powered By Docstoc
					                               § 15f.27                                                            7 CFR Subtitle A (1–1–01 Edition)

                               Subpart F—How Do I Count Days                              PART 17—SALES OF AGRICULTURAL
                                  For Purposes Of Deadlines                                 COMMODITIES MADE AVAILABLE
                                  and What Happens If I Miss A                              UNDER TITLE I OF THE AGRICUL-
                                  Deadline In These Rules?                                  TURAL   TRADE    DEVELOPMENT
                                                                                            AND ASSISTANCE ACT OF 1954,
                               § 15f.27 When is something considered                        AS AMENDED
                                   ‘‘filed’’ as required by these rules
                                   and to whom do I need to give cop-                     Sec.
                                   ies of what I file?
                                                                                          17.1 General.
                                 A document, or other item, that                          17.2 Definition of terms.
                               must be ‘‘filed’’ under these rules is                     17.3 Purchase authorizations.
                               considered filed when postmarked or                        17.4 Agents of the participant or importer.
                               when it is received and date-stamped                       17.5 Contracts between commodity sup-
                                                                                              pliers and importers.
                               by the Docketing Clerk.
                                                                                          17.6 Discounts, fees, commissions and pay-
                               § 15f.28 When I or someone else has to
                                                                                          17.7 Notice of sale procedures.
                                   do something within a certain num-
                                                                                          17.8 Ocean transportation.
                                   ber of days, how will USDA or the
                                                                                          17.9 CCC payment to suppliers.
                                   ALJ count the days?
                                                                                          17.10 Refunds and insurance.
                                  Unless otherwise specifically noted, a                  17.11 Recordkeeping and access to records.
                               ‘‘day’’ refers to a calendar day and a                       AUTHORITY: 7 U.S.C. 1701–1704, 1731–1736b,
                               document that must be filed by a cer-                      1736f, 5676; E.O. 12220, 45 FR 44245.
                               tain date must either be postmarked
                                                                                            SOURCE: 62 FR 52932, Oct. 10, 1997, unless
                               on that date or received by the Dock-                      otherwise noted.
                               eting Clerk on that date. For docu-
                               ments that must be or are ‘‘filed’’                        § 17.1   General.
                               under these regulations, you count the
                                                                                            (a) What this part covers. This part
                               number of days after filing starting                       contains the regulations governing the
                               with the day after the filing date as                      financing of the sale and exportation of
                               day one. For other time periods, you                       agricultural commodities by the Com-
                               calculate the time period by counting                      modity Credit Corporation (CCC),
                               the day after receipt by the party as                      through private trade channels to the
                               day one. If the last day of a time period                  maximum extent practicable, under
                               expires on a Saturday, a Sunday, or a                      the authority of title I of the Agricul-
                               Federal holiday, the last day of the                       tural Trade Development and Assist-
                               time period will expire on the next                        ance Act of 1954, as amended (herein-
                               business day.                                              after called ‘‘the Act’’).
                                                                                            (b) Agricultural commodities agree-
                               § 15f.29 May I request an extension of                     ments. (1) Under the Act, the Govern-
                                   a deadline or may I get relief for                     ment of the United States enters into
                                   missing a deadline in these rules?                     Agricultural Commodities Agreements
                                 You may request that the ALJ ex-                         with governments of foreign countries
                               tend a deadline in these rules, or afford                  or with private entities. These agree-
                               you relief for missing a deadline, which                   ments cover financing of the sale and
                               he or she may do, consistent with the                      exportation of agricultural commod-
                               principles of sovereign immunity, the                      ities, including certain ocean transpor-
                               terms of any applicable statute, these                     tation costs.
                               rules, and the necessity of expeditious                      (2) Agricultural Commodities Agree-
                               completion of the public business. It is                   ments may provide that a participant
                               the intent of USDA that the time dead-                     will repay CCC for the financing ex-
                               lines expressed in these regulations be                    tended by CCC either in dollars or in
                                                                                          local currencies.
                               construed equitably to ensure resolu-
                               tion of eligible complaints, to the ex-                      (3) A private entity must maintain a
                                                                                          bona fide business office in the United
                               tent permitted by law.
                                                                                          States and have a person, principal, or
                                                                                          agent on whom service of judicial proc-
                                           PART 16 [RESERVED]                             ess may be had in the United States


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                               Office of the Secretary, USDA                                                                          § 17.2

                               unless the General Sales Manager de-                         (3) The legal entity owns an interest
                               termines that there are adequate as-                       of 50 percent or more in another legal
                               surances of repayment to CCC for the                       entity which in turn owns an interest
                               financing extended by CCC.                                 of 50 percent or more in the second
                                  (c) Purchase authorizations. This part                  legal entity.
                               covers, among other things, the                              CCC. The Commodity Credit Corpora-
                               issuance by the General Sales Manager                      tion, USDA.
                               of purchase authorizations which au-                         Commodity. An agricultural com-
                               thorize the participant to:                                modity produced in the United States,
                                  (1) Purchase agricultural commod-                       or product thereof produced in the
                               ities; and                                                 United States, as specified in the appli-
                                  (2) Procure ocean transportation                        cable purchase authorization.
                               therefor.                                                    Controller. The Controller, Com-
                                  (d) Financing. For amounts to be fi-                    modity Credit Corporation, or the Con-
                               nanced by CCC, CCC will pay the sup-                       troller’s designee.
                               plier of commodity or of ocean trans-                        Copy. A photocopy or other type of
                               portation       in    accordance       with                copy of an original document showing
                               § 17.9(a)(3). The cost of ocean freight or                 all data shown on the original, includ-
                               ocean freight differential will be fi-                     ing signature or the name of the person
                               nanced by CCC only when specifically                       signing the original or, if the signature
                               provided for in the purchase authoriza-                    or name is not shown on the copy, a
                               tion.                                                      statement that the original was signed.
                                  (e) Where information is available. Gen-                  Delivery. The transfer to or for the
                               eral information about operations                          account of an importer of custody and
                               under this part is available from the                      right of possession of the commodity at
                               Director, Pub. L. 480 Operations Divi-                     U.S. ports or Canadian transshipment
                               sion, Foreign Agricultural Service,                        points in accordance with the delivery
                               USDA, Washington, DC 20250–1033. In-                       terms of the contract and purchase au-
                               formation about financing operations                       thorization. For purposes of financing,
                               under this part, including forms pre-                      delivery is deemed to occur as of the
                               scribed for use thereunder, is available                   on-board date shown on the ocean bill
                               from the Controller, Commodity Credit                      of lading.
                               Corporation, USDA, 1400 Independence                         Destination country The foreign coun-
                               Avenue, SW, Washington, DC 20250–                          try to which the commodity is ex-
                               0581.                                                      ported.
                               [62 FR 52932, Oct. 10, 1997, as amended at 63                Director. The Director, Pub. L. 480 Op-
                               FR 59692, Nov. 5, 1998]                                    erations Division, Foreign Agricultural
                               § 17.2 Definition of terms.                                  Expediting services. Services provided
                                  Terms used in the regulations in this                   to the vessel owner at the discharge
                               part are defined or identified as fol-                     port in order to facilitate the discharge
                               lows, subject to amplification in subse-                   and sailing of the vessel; this may in-
                               quent sections:                                            clude assisting with paperwork, obtain-
                                  Affiliate and associated company. Any                   ing permits and inspections, super-
                               legal entity which owns or controls, or                    vision and consultation.
                               is owned or controlled by, another                           FAS. The Foreign Agricultural Serv-
                               legal entity. For a corporation, owner-                    ice, USDA.
                               ship of the voting stock is the control-                     FSA. The Farm Service Agency,
                               ling criterion. A legal entity is consid-                  USDA.
                               ered to own or control a second legal                        FSA Office. The office designated in
                               entity if—                                                 the purchase authorization to admin-
                                  (1) The legal entity owns an interest                   ister this financing operation on behalf
                               of 50 percent or more in the second                        of CCC.
                               legal entity; or                                             Finance. To expend CCC funds,
                                  (2) The legal entity and one or more                    whether or not the participant is re-
                               other legal entities, in which it owns                     quired to repay the funds to CCC. For
                               an interest of 50 percent or more, to-                     example, this part refers to CCC ‘‘fi-
                               gether own an interest of 50 percent or                    nancing’’ both the ocean freight dif-
                               more in the second legal entity; or                        ferential, which the participant does


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