§ 1530.305 - Proof of production of polyhydric alcohols.  


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  • (a) Certificate of use. Within 30 days of the date of production of polyhydric alcohols from sugar imported under a license, the licensee shall provide a written certification, signed by the licensee, to the Licensing Authority that he or she has used, within 180 days of the date of entry of sugar under the license, such sugar for the sole purpose of producing (other than by distillation) polyhydric alcohols, except polyhydric alcohols for use as a substitute for sugar in human food consumption. The certification shall include:

    (1) The licensee's name, address, and license number;

    (2) The customs entry number(s), date(s) of entry, and total weight of sugar used in the production of such polyhydric alcohols;

    (3) The date(s) on which such polyhydric alcohols were produced; and

    (4) The following certification, with all blank spaces appropriately filled in as indicated by the instructions placed in brackets:

    (b) If polyhydric alcohols produced with sugar imported under the license are exported, the licensee shall provide an additional written certification, signed by the licensee, to the Licensing Authority, within 95 days of the date of exportation of the polyhydric alcohols. The certification shall include:

    (1) The licensee's name, address, and license number;

    (2) The customs entry number(s), date(s) of entry, and total weight of sugar used in the production of such polyhydric alcohols;

    (3) The date(s) on which such polyhydric alcohols were produced;

    (4) The date of export, the port or point from which exported, the bill of lading number(s), and an identification of the vessel or other export carrier and any agent used in connection with the export;

    (5) The country of destination and foreign consignee;

    (6) The entry number of a claim, if any, by the licensee or any other person for a refund, as drawback, of any duties paid on the importation of any sugars, syrups or molasses described in subheading 1701.11.03, 1701.12.02, 1701.91.22, 1701.99.02, 1702.90.32, 1806.10.42, or 2106.90.12 of the HTS on the basis, or as a result, of the exportation of the polyhydric alcohol and the amount of such refund; and

    (7) A statement that the licensee has reserved all rights to claim drawback refunds with respect to the exportation of the polyhydric alcohol, and that no refund, as drawback, of any duties paid on the importation of any sugars, syrups or molasses described in subheading 1701.11.03, 1701.12.02, 1701.91.22, 1701.99.02, 1702.90.32, 1806.10.42, or 2106.90.12 of the HTS has been or will be claimed or received on the basis, or as a result, of the exportation of the polyhydric alcohol.

    (c) If polyhydric alcohols produced with sugar imported under the license are exported, the licensee shall provide to the Licensing Authority, within 95 days of the date of exportation of the polyhydric alcohols, the following documentation:

    (1) An original, certified U.S. Customs Service Form 7512; and

    (2) An original bill of lading or copy of a U.S. Customs Service Form 7511.

    (d) Notice of drawback claims. Whenever the licensee knows or has reason to know that any claim has been made, by the licensee or any other person for a refund, as drawback, of any duties paid on the importation of any sugars, syrups or molasses described in subheading 1701.11.03, 1701.12.02, 1701.91.22, 1701.99.02, 1702.90.32, 1806.10.42, or 2106.90.12 of the HTS on the basis, or as a result, of the exportation of polyhydric alcohol, whether or not such polyhydric alcohol was produced from sugar imported under the licensee's license, the licensee shall within 5 business days provide a written notification to the Licensing Authority. This notification shall include the following information, if known or reasonably believed to be true by the licensee:

    (1) The licensee's name, address, and license number;

    (2) A description, and the weight, of such polyhydric alcohol exported;

    (3) An identification of the imported sugar which was used in the production of the polyhydric alcohol, including the quantity of the imported sugar;

    (4) The date of export, the port or point from which exported, the bill of lading number(s), and an identification of the vessel or other export carrier and any agent used in connection with the export;

    (5) The country of destination and foreign consignee;

    (6) The entry number of the drawback claim and the amount of such refund of duties; and

    (7) The identity of the person who filed such drawback entry.

    (e) The Licensing Authority may waive any of the provisions of this section if compliance with the relevant provisions of HTS subheading 1701.11.02, additional U.S. note 3, and all other regulations in this subpart is otherwise established to the Licensing Authority's satisfaction.