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Wednesday, November 16, 1949

FEDERAL REGISTER

6871

acceptance by the foreign buyer of a 571.22 Confirmation of sale. Upon definite offer by the exporter to sell.
receipt of the Notice of Sale required by 3 Date and time of filing by the ex 571.24 the Manager shall, if he deter Title 42
Pa8e porter of a cablegram or other written mines that the transaction is eligible for Chapter I:
confirmation of the booking of a ship entry in the records of the Wheat Council Part 21 ____ _____ 6950
ment or shipments to be made pursuant under the provisions of the Wheat Agree Title 43
to an open offer of the exporter to sell ment, confirm the sale by telegram and Chapter I:
or a standing order of the buyer to specify that the transaction, or any part Appendix Public land orders:
purchase.
thereof, is eligible for payment upon 5 revoked in part by PLO
4 . In the absent of documentaryproof that the conditions set forth in this 615__________________,__ 6950 evidence that the sale was consummated program have been met. The Wheat 615___________
6950 prior to shipment in accordance with Agreement provides thats subparagraphs 1, 2 or 3 of this Title 47
a A transaction or part of a trans paragraph, the sale will be deemed to action in wheat grain between a partici Chapter I:
Part 1______________
6951 have been made on the date and at the pating exporting and importing country time of issuance of the bill of lading or is eligible for entry in the Wheat Coun Part 10____ _________ _____ 6952
Part 11_________
___ _
6952 if none is issued, at the time of clearance cils records against guaranteed quanti through United States Customs.
ties of these countries for a crop year:
Title 49
5 If the time of day at which the 1 Provided that i it is at a price Chapter I:
determined to be the equivalent price at Part 3_____________
6952 sale was consummated is not established and two payment rates are in effect on port of export to No. 1 Manitoba Northern the day established in accordance with bulk wheat in store Fort WilliamPort b Export payment rates will be an subparagraphs 1, 2, 3 or 4 of Arthur, Canada not higher than the maximum nor lower than the minimum nounced from Washington, D. C., daily or this paragraph, the time of consumma tion of sale will be deemed to be at the in effect during the crop year in which at intervals up to 7 days. Announce time the lower of the two rates was in the loading period specified in the trans ment of rates will be released at approxi action falls and ii the exporting and mately 3;00 p. m., e. s. t., and will remain effect.
c The wheat or wheat-flour must importing country have not agreed that in effect until 3:00 p. m., e. s. t., on the it shall not be entered against their expiration date stated in the announce have been exported pursuant to each sale by July 31, 1950, unless an extension of guaranteed quantities, and ment, at which time a new announce 2 To the extent that i both the ment will be made. No rates will be an time is granted by the Manager.
d The exporter must have sold and exporting and importing country con nounced on Saturday, and rates effective exported wheat or wheat-flour as de cerned have unfulfilled guaranteed quan after 3:00 p. m., on Friday will be con tities for the crop year, and ii that the sidered as in effect until 3 :00 p. m., e. s. t., fined in 571.34 to one of the eligible loading period specified In the trans of the market day succeeding Saturday countries named in 571.23.
e Deliveries of wheat or wheat-flour action falls within that crop year.
unless the announcement specifically b If a commercial contract or gov provides otherwise. Announcement will under this program shall be made only ernmental agreement on the sale and be available through a press release, to the .eligible country named in the No purchase of wheat-flour contains a state ticker service, and through the eight tice of Sale and the Declaration of Sale, ment, or if the exporting country and the PMA Commodity Offices at Portland, and a buyer identified with the Declara importing country concerned inform the Oregon, San Francisco, Minneapolis,, tion of Sale and supporting evidence of sale. See 571.24.
Wheat Council that they are agreed that Kansas City, Missouri, Dallas, Chicago, f Payment will not be made on the price of such wheat-flour is consist Atlanta, and New York City. Different ent with the maximum dr minimum price rates of payment, based upon export quantities loaded on vessels or exported in effect during the crop year in which ports or areas, destinations or other fac by rail or truck in excess of the quantity the loading period specified in the trans tors, may be announced for the same shown on the Declaration of Sales un action falls, the wheat grain equivalent period. Rates of payment applicable to less clearance is obtained from the Man of such wheat-flour shall, subject to the wheat shall also be applicable to wheat ager, in which case a new Declaration of Sale and a new Confirmation of Sale for conditions prescribed in a 1 ii and flour converted to wheat on the following the additional quantity is required.
2 of this section, be entered in the basis:
However, in the case of bulk grain, pay Bushels Wheat Councils records against the ment will be made without additional per 100 lb.
guaranteed quantities of those countries.
flour clearance where the loaded quantities do If there is not such statement or agree Whole wheat flour_________________ 1.67
not exceed the quantity shown on the ment as specified above, either country Patents and Straight grade flour up Declaration of Sale by more than one involved in the transaction may request to 72 percent extraction_________ 2.33
1 percent.
the Wheat Council to decide whether the Flour clears_______________________ 2.33
g The exporter shall submit the re quantity sold should be entered in its 80 percent extraction flour__________ 2.20
ports and documents specified in records and the Wheat Council shall de 571.24.
If sales are made at any other extraction cide whether the price at which the h Proof of shipment and submission rates, a conversion basis will be furnished wheat-flour was sold justifies the entry of by the Manager upon request. The rate of specified supporting documents must the transaction in the records.
in effect at the time of sale or the giving have been made in accordance with Maximum prices at which wheat grain 571.25.
of Notice of Sale, as required by 571.24
may be sold under the Wheat Agreement a, whichever rate is the lower, shall i In the event of reentry into the shall be announced from time to time by be the rate applicable to the sale and United States or its territories or pos the Manager, CCC. The Wheat Agree exportation. The supporting evidence sessions, or in event of a diversion to ment provides that to such prices may be another country while en route to the added such carrying charges and mar as proof of sale submitted by the ex eligible country shown as the final des keting costs as may be agreed to between porter, in form prescribed in subpara tination on the Declaration of Sale and buyer and seller. When such charges are graph 5 of 571.24 b, will be the included in the total price in the case of basis/for determining that a sale was Notice of Export, of any quantity of or wheat-flour exported under this wheat grain sales, and such price ex consummated at a time established sub wheat program, payment may be withheld, or ceeds the maximum price, they should be stantially as follows:
if payment -has already been made, the reported separately to the Manager, CCC.
1 Date and time of filing by the ex exporter shall make necessary arrange For example: If the maximum price is porter of a cablegram or other written ments for refund or other appropriate $1.96 and the total sales price is $1.97
acceptance of a definite order to pur adjustment with the Manager. The ex the price should be quoted as $1.97 in chase received from the foreign buyer.
porter shall be required to notify the cluding $0.01 marketing costs or carry 2 Date and time of receipt by the Manager immediately upon becoming ing charges as the case may be. The exporter of a cablegram or other written cognizant of such reentry or diversion.
Wheat Agreement also provides that
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