§ 1280.313 - Collecting persons for purposes of collection of assessments.

(a) Any person who is responsible for collecting an assessment pursuant to the Act and this subpart, including processors and any other persons who are required to remit assessments to the Board pursuant to this part, shall be a collecting person, except that a collecting person who is a market agency; i.e., commission merchant, auction market, or livestock market in the business of receiving such sheep or sheep products for sale on commission for or on behalf of a producer or feeder, shall pass the collected assessment on to the subsequent purchaser pursuant to the Order.

(b) Customs will collect the assessment at the time of importation from the importer or from any person acting as the principal agent, broker, or consignee for sheep, sheep products, wool, and products containing wool fiber identified by the HTS classification numbers in § 1280.312.

(c) In cases where a producer or feeder sells sheep as part of a custom slaughter operation, the producer or feeder shall be the collecting person in the same manner as if the sheep were sold for slaughter.

(d) For the purposes of this section, in the event of a producer's, feeder's, or importer's death, bankruptcy, receivership, or incapacity, the representative of such producer, feeder, or importer or the producer's, feeder's, or importer's estate, or the person acting on behalf of creditors, shall be considered the producer, feeder, or importer.