Federal Register - December 9, 1937

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Source: Federal Register

FEDERAL REGISTER, Thursday, December 9, 1937
for Saturday, December 4, 1937, should be corrected as follows:
The words form designated OCB-1 in the first paragraph of Regulation XVIII appearing on Page 3096 should read form designated OCR-1.
ister
departm ent o f sta te.

National Munitions Control Board.
Rules
of
P ro cedure G o v e r n in g t h e I s s u a n c e o f L ic e n s e s t h e E x po r t a t io n o f T i n - P late S crap
fo r
D ec em b er 6, 1937.
In furtherance of the purposes of the Act of Congress ap proved February 15, 1936, which, as stated therein, are:
to protect, preserve, an d develop d om estic sources o f tin , to restrain th e d ep letio n o f d om estic reserves o f tin -h ea rin g m a te
rials, and t o le sse n th e p resen t costly an d d an gerou sly d ep en d en t position o f th e U n ite d S ta tes w ith resp ect t o resou rces o f tin ,
and in order to assure in the public interest the fair and equitable consideration referred to in Section 2 of the Act which reads as follows:
There sh a ll n o t be exp orted from th e U n ite d S ta te s after th e expiration o f six ty d ays from th e e n a ctm e n t o f th is A ct an y t in
plate scrap, ex cep t u p o n licen se issu ed b y t h e P resid en t of th e United S ta tes. T h e P resid en t is a u th orized t o gran t lic e n se s u p o n such co n d itio n s an d reg u la tio n s as h e m ay find n ecessary t o assure in th e p u b lic in te r e st fa ir an d eq u ita b le con sid eration to a ll pro ducers o f t h is com m od ity.

The Secretary of State, acting under and by virtue of the authority vested in him by Executive Order No. 7297 of February 16, 1936, hereby prescribes, by and with the advice and consent of the National Munitions Control Board, the following rules of procedure to govern the issuance of licenses for the exportation of tin-plate scrap between Jan uary 1 and December 31, 1938, under the regulations gov erning the export of that commodity prescribed on December 7,1936:
1 Requests for allotments.Each producer of tin-plate scrap who desires to export that commodity during the cal endar year 1938, as well as every producer whose scrap is sold to and ultimately exported by third parties, should submit to the Secretary of State not later than December 20, 1937, a request for an allotment, specifying in long tons the quantity of tin-plate scrap which he desires to export or to sell for export between January 1 and December 31, 1938.
2 Original allotments.Allotments will be granted to producers of tin-plate scrap only and will be assigned on January 1, 1938, to producers whose applications have been submitted in accordance with the provisions of paragraph 1. Allotments will be based on the individual producers request therefor with the provision that no allotment of more than 25 long tons shall exceed in amount 25 percent of the quantity of tin-plate scrap produced by him during the calendar year 1936. Requests for allotments of 25 long tons or less may be granted in full, without reference to the quantity of tin-plate scrap produced during the calendar year 1936, provided the producer concerned presents convinc ing evidence, in the form of a sworn statement, establishing that he will, during the calendar year 1938, produce at least the equivalent of the allotment which he requests.
3 Sworn statement of 1936 production.No producer shall be eligible to receive an allotment under the provisions of paragraph 2 until the Secretary of State has received from him a sworn statement setting forth the quantity of tin plate scrap, in long tons, produced by him during the calen dar year 1936. Sworn statements submitted under the pro visions of this paragraph shall include the name and address of the producer, the name and location of each factory, and the quantity of tin-plate scrap produced at each factory.
4 Apportionment of total allotments.In the event that it shall be necessary, in order that the quantity of tin-plate 1 P . E . 2123.

3185

scrap to be exported during the calendar year 1938 shall not exceed the total figure to be agreed upon by the National Munitions Control Board, such total shall be apportioned among the applicants for allotments on the basis of 1936
production, with the provision that no allotment shall exceed the quantity specified in the individual producers request therefor. If an apportionment is unnecessary, further allot ments may be granted after January 1 in the order of the receipt of requests therefor until the total figure referred to has been exhausted.
5 Additional allotments.Provided the total of the al lotments assigned prior to July 1, 1938, does not equal the total figure referred to in paragraph 4, additional allot ments may be assigned after that date to any producer whose production of tin-plate scrap during the calendar year 1937 exceeded the quantity produced by him in 1936, provided that no allotment assigned under the provisions of this paragraph shall exceed 25 percent of the difference between the individual producers 1936 production and the quantity produced by him in 1937, and provided further that the total allotments assigned shall not exceed the maxi mum authorized exports referred to under paragraph 4.
Allotments granted under the provisions of this paragraph will be assigned in the order of the receipt of requests therefor.
6 Sworn statement of 1937 production.No producer shall be eligible to receive an allotment under the provisions of paragraph 5 until the Secretary of State has received from him a sworn statement setting forth the quantity of tin-plate scrap, in long tons, produced by him during the calendar year 1937. Sworn statements submitted under the provisions of this paragraph shall include the name and address of the producer, the name and location of each factory, and the quantity of tin-plate scrap produced at each factory.
7 Further additional allotments.In the event that con ditions then existing shall warrant such action, further ad ditional allotments may be granted after July 1, 1938, upon such conditions as may be agreed upon by the National Munitions Control Board and announced by the Secretary of State.
8 Fair and equitable consideration.An allotment may be granted at any timeduring the calendar year 1938, with out regard to previous assignments of allotments, to any producer of tin-plate scrap who presents to the National Munitions Control Board, through the Secretary of State, convincing evidence that he is not receiving the fair and equitable consideration referred to in Section 2 of the Act approved February 15, 1936. Allotments assigned under the provisions of this paragraph shall be granted in such quan tities as will assure in the public interest fair and equitable consideration to the producer concerned. All applications for allotments under the provisions of this paragraph shall be accompanied by sworn statements, in quintuplicate, set ting forth complete and detailed information in support thereof.
9 Licenses.No tin-plate scrap may be exported unless a license authorizing such export shall have been issued by the Secretary of State. Licenses may be issued to any pro ducer who has been assigned an allotment or to any other person or persons authorized by such producer to export tin-plate scrap under his allotment.
10 Incenses issued to persons other than producers of tin
plate scrap.Any producer who has received an allotment may, if he so desires, authorize any other person or persons to apply for license to export under his allotment tin-plate scrap produced at his factory or factories. The Department of State should be informed promptly of such authorizations when made. Persons other than producers should, in sub mitting applications for license, assure themselves that an allotment has been assigned covering the particular tin plate scrap which they desire to export and they should include, either in the application or in the transmitting letter, a statement setting forth the name and address of

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Federal Register - December 9, 1937

TitreFederal Register

PaysÉtats-Unis

Date09/12/1937

Page count10

Edition count7859

Première édition14/03/1936

Dernière édition18/09/2026

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