§ 1530.200 - Definitions.

For purposes of this subpart, unless the context indicates otherwise, the following words and phrases have the meanings ascribed to them:

(a) Additional U.S. note 3 means paragraph (c) of additional U.S. note 3 to chapter 17 of the HTS.

(b) Agent means customs house broker, freight forwarder, sugar refiner, or other person authorized to act on behalf of the licensee.

(c) Corresponding sugar means the identical sugar entered under subheading 1701.11.02 of the HTS, such sugar after having been refined, or other sugar substituted for, or in replacement of, such imported or refined sugar in accordance with §§ 1530.108 and 1530.207 of this part.

(d) Date of entry is the date when the U.S. Customs Service entry form is properly executed and deposited, together with any estimated duties and special import fees and any related documents required by law or regulation to be filed with such form at the time of entry with the appropriate customs official.

(e) Date of export means the on-board date of an ocean carrier bill of lading or an airway bill or on-board date of an intermodal bill of lading; if exported by rail or truck, the date of entry shown on an authenticated landing certificate or similar document issued by an official of the government of the importing country; or the date of export established by such other proof of export as is acceptable to the Licensing Authority.

(f) Date of Transfer means the date of shipment of sugar transferred from a refiner to a manufacturer.

(g) Drawback and drawback entry have the meanings ascribed to them in 19 CFR part 191.

(h) Enter or entry, with respect to sugar imported into the customs territory of the United States, refers to sugar that is entered or withdrawn from warehouse for consumption.

(i) HTS means the Harmonized Tariff Schedule of the United States.

(j) License means a license, issued by the Secretary through the Licensing Authority, which permits the transfer, in accordance with the provisions of this subpart, of refined sugar, corresponding to sugar imported under subpart A of this part, from a refiner to a manufacturer.

(k) Licensee means a manufacturer to whom a license has been issued pursuant to the provisions of this subpart.

(l) Licensing Authority means the Team Leader, Import Quota Programs, Import Policies and Trade Analysis Division, Foreign Agricultural Service, U.S. Department of Agriculture, or the Team Leader's designee.

(m) Manufacturer means a person who is the recipient of a transfer or refined sugar from a refiner, who uses the sugar to produce a sugar containing product within the customs territory of the United States, and who exports or causes to be exported such product.

(n) Notice of Transfer means a document, in form and substance satisfactory to the Licensing Authority, that is signed by both a refiner and the licensee certifying delivery of a specified quantity of refined sugar, corresponding to sugar imported under the provisions of subpart A of this part, from the refiner to the licensee.

(o) Number 11 contract price means the daily closing price per pound of raw sugar for the nearby Number 11 contract of the New York Coffee, Sugar and Cocoa Exchange.

(p) Number 14 contract price means the daily closing price per pound of raw sugar for the nearby Number 14 contract of the New York Coffee, Sugar and Cocoa Exchange.

(q) Person means any individual, partnership, corporation, association, estate, trust or any other business entity.

(r) Program means the licensing program provided for in the regulations in this subpart and includes the requirements and limitations of HTS subheading 1701.11.02 and additional U.S. note 3.

(s) Raw value means, for a given quantity of sugar, the equivalent of that quantity of sugar in terms of ordinary commercial raw sugar testing 96 degrees by the polariscope as determined in accordance with regulations issued by the Secretary of the Treasury.

(t) Refiner means any person in the United States who engages in the processing (refining) of raw sugar into refined sugar by substantially subjecting the raw sugar to the processes of (1) affination or defecation, (2) clarification, and (3) further purification by absorption or crystallization and who holds a license issued under the regulations in subpart A of this part.

(u) Sugar means commercial refined sugar testing 99.7 degrees or above by the polariscope as determined in accordance with regulations issued by the Secretary of the Treasury.

(v) Sugar containing product means any product (other than articles described in subheadings 1701.11.01, 1701.11.02, 1701.11.03, 1701.12.01, 1701.12.02, 1701.91.21, 1701.91.22, 1701.99.01, 1701.99.02, 1702.90.31, 1702.90.32, 1806.10.41, 1806.10.42, 2106.90.11 and 2106.90.12 of the HTS) to which sugar has been added as an ingredient and which is to be exported without further processing.

(w) Valueless sugar means sugar which has no commercial recovery value.