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Wednesday, January 5, 1949

FEDERAL REGISTER

CODIFICATION GUIDE Con.
Title 30 Mineral Resources
Chapter IVOil and Gas Division, Department of the Interior:
Redesignation of chapter____ _

paSe
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Title 31 Money and Finance:
Treasury
Chapter IMonetary Offices:
Part 129Values of foreign moneys________

40

Title 32 National Defense
Chapter IINational Guard and State Guard, Department of the Army:
Redesignation of chapter____

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Title 33 Navigation and Navi gable Waters
Chapter VCoast and Geodetic Survey, Department of Com merce:
Redesignation of chapter___ _

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Title 36 Parks, Forests and Memorials
Chapter INational Park Service :
Part 28Labor standards ap plicable to employees of Na tional Park Service conces sioners______ :_____ __ :__

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Title 38 Pensions, Bonuses, and Veterans Relief
Chapter IVeterans Administra tion:
Part 36Servicemens Read justment Act of 1944----------

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which does not reflect an export pay ment under the dried fruit export pro gram, export payment under such pro gram will not be made with respect to any subsequent contract made by the same buyer with the same seller or with another seller until after the buyer has made a purchase of the same quantity of the same kind of dried fruit as that which was affected by such cancellation, provided that such purchase was fol lowed by delivery of the quantity pur chased. The exporter shall obtain and furnish to the Department a written statement from the buyer with whom he is negotiating a contract that the quan tity which the buyer is contracting to purchase is not a substitute for part or all of another quantity covered by a previous contract, made at a price not reflecting an export payment under this program, which that buyer had cancelled without a legally valid reason, and if the buyer did cancel such a contract the statement shall specify the reason. Ex porters participating in this program are requested to communicate to the Direc tor, Fruit and Vegetable Branch, the de tails of contracts with foreign buyers for export to any approved country desig nated in 518.3 of the dried fruit export program which were entered into prior to November 26, 1948, and pursuant to which deliveries have not yet been made in full. Such details will be kept con fidential by the Department but the De partment will, upon request, advise a prospective seller whether his contem plated sale appears to be in substitution of a sale made to the same buyer by an other seller prior to November 26, 1948,
under which full delivery has not been made.
c The Departments attention has been called to the second paragraph in the section headed Responsibility, in Form A, effective October 1, 1926, Ex port Dried Fruit Contract Adopted by Dried Fruit Association of California and California Dried Fruit Export Associa tion, which deals with delays beyond the control of the seller. If a seller brings himself within the language of that paragraph and as a result a sale which he made to a foreign buyer prior to November 26, 1948, is automatically cancelled, a sale made by the same seller or by other sellers to the same buyer after November 26, 1948, will notwith standing such cancellation entitle the seller to export payment if the sale other wise complies with the provisions of this program.
d If a foreign buyer has cancelled his contract made prior to November 26, 1948, under circumstances which make it uncertain whether a sale made to the same buyer after November 26, 1948, will qualify for an export payment un der this program, and the seller in order to protect himself either 1 sells to the buyer at a price reflecting the export payment and provides that the buyer shall pay him an amount equal to the export payment if the seller fails to ob tain the payment from the Department, or 2 sells to the buyer at a price which does not reflect the export payment and provides that he will remit to the buyer the amount of the export payment upon the Departments approving the export payment under this program, such a sale made after November 26, 1948, will qual ify for export payment under this pro gram if the Department determines that it was made in good faith and that it otherwise complies with, and did not evade, the provisions of this program, subject to the condition, however, that proof of such remittance by the seller shall be submitted to the Department prior to its making the export payment.
To enable the Department to approve the export payment, the exporter shall submit all required proof except proof of the making of the remittance, and a fully prepared but unsigned voucher for payment. After the approval by the Department, the exporter shall submit proof of the making of the remittance and an original and three copies of a signed voucher in accordance with 518.6.
518.23 Computation of price. An exporter who sells to a foreign buyer on a price basis other than free along ship or free on board vessel, United States port, can comply with the dried fruit export program by certifying on the copies of the sales contract accompany ing his claim, or on a statement attached thereto, the gross price in cents per pound f. a. s. United States port, which is the equivalent of the price invoiced to the buyer, and by showing in such certification the charges on the basis of which such f. a. s. price is computed from the price invoiced to the buyer. Such certification must be signed by a person authorized to represent the exporter in such matter but need not be notarized.

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518.24 Reference to list of produc ers. After an exporter has submitted a list of producers in accordance with 518.4 he may make réference to such list in certifications filed with subsequent claims in accordance with such section and need not file the same list again.
518.25 Certification when some ton nage purchased below minimum prices.
In the event that the exporter had pur chased some tonnage at or above the prices specified in 518.4 and some ton nage below such prices, he may comply with that section by certifying that the fruit exported was from the former ton nage only and by filing a list of the pro ducers from whom such fruit was so pur chased.
518.26 Certification by cooperative marketing association. A cooperative marketing association may comply with the requirement of 518.4 about stating the prices at which the fruit was acquired from producers by certifying that it has credited such prices to all its members who delivered dried fruit of the type or types on which the claim for an export payment is made.
518.27 Duplicate original inspection certificate. An exporter can comply with the requirement in paragraph c in 518.6, with respect to inspection certificates, by filing a duplicate original inspection certificate signed by the in spector who issued it and one copy of the inspection certificate.
518.28 Certification when names of buyer and consignee are different. If the bill of lading shows the name of a person, acting as agent for the buyer, different from that appearing on the contract under which the bill of lading is made, the exporter should accom pany his claim on the exportation cov ered by such bill of lading, with a cer tification that the shipment under that bill of lading is to the buyer named in the contract and is made pursuant to that contract.
Dated this 30th day of December 1948.
seal!

R alph S. T rigg,
Authorized Representative of the Secretary of Agriculture.
F. R. Doc. 49-38; Filed, Jan. 4, 1949;
8:45 a. m.

P art 672W ool REDESIGNATION OF SECTION
C ross R eference : For the redesigna tion of 2307.22 of Chapter XXI, Title 7, as 672.1, see F. R. Doc. 49-70, Title 7, Chapter XXI, infra.

TITLE 7 AGRICULTURE
Chapter XXI Organization, Func tions and Procedures Subchapter C Production and Marketing Administration
D iscontinuance of C odification
The codification of the following parts and sections of this chapter is hereby discontinued: