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Friday, December 3, 1948

FEDERAL REGISTER

7381

as promptly as possible after receipt of and Vegetable Branch, Production and is other than the exporter seller named any executed form FV-407 if the gross Marketing Administration, U. S. Depart in the sales contract, the exporter shall sales price, indicated in such form, ex ment of Agriculture, inspection must be furnish with his claim a waiVer by such ceeds the domestic market price for the performed immediately prior to loading shipper or consignor, in favor of such product 507.3 or if any other infor for shipment to the port of exportation. exporter, of any right to claim payment mation shown in such form does not con 3
Shipping containers. All prod under this program for the product form with the terms and conditions of ucts shall be packed in cases or boxes ac covered by such bill of lading.
this offer.
ceptable for export shipment in accord 507.6 Records and accounts. The b Payment shall be made hereunder ance with standard commercial practice only with respect to citrus fruits and for export. The best known practices to exporter shall maintain adequate rec juices sold for export which conform with prevent shrinkage and decay of fruit ords showing purchases, sales, and de the following requirements:
produced in respective producing areas liveries of citrus fruits and juices ex 1
Grades, i Florida or Texas freshshall be followed in packing fresh fruit ported or to be exported in connection with this program. Such records, ac oranges, grapefruit, and tangerines shall for export shipment.
meet the requirements for Standard c No payment hereunder w illbe counts, and other documents relating to Pack, and for U. S. No. 2 Grade or better, made in connection with any sale for any transaction in connection with this as defined in the latest respective United export unless the sales contract is en program shall be available during regu States Standards for these fruits, and tered into on or after the effective date lar business hours for inspection and shall also meet the following standards hereof and prior to 12:00 oclock mid audit by authorize employees of the for export: Not more than a total of 10 night, e. s. t., June 15, 1949, and unless United States Department of Agriculture, percent of the fruit in any container shall the product is exported pursuant to such and shall be preserved for two years be soft, affected by decay, damaged by sale on or after the date of such sales after the effective date of this offer.
skin breakdown, have broken skins which contract and prior to 12:00 oclock mid 507.7 Amendment and termination.
are not healed, growth cracks, damage night, e. s. t., June 30, 1949. The sales This offer may be amended or terminated by creasing, or serious damage by dry contract must show the date of sale, sales by the Secretary at any time upon public ness or mushy condition, except that :
price free alongside ship, United States announcement of such amendment of port, quantity and description of the termination. Notice of such amend Not more than 5 percent of the fruit shall product, and country of destination.
ment or termination will be transmitted be soft;
d The exporter, by filing a Notice promptly to every exporter of citrus Not more than y2 of one percent of the fruit shall be affected by decay;
of Intention to File Claim under Citrus fruits and juices as reflected by the rec Not more than 6 percent of the fruit shall Fruit Export Program, as required in ords of the Secretary or his representa be damaged by skin breakdown;
paragraph a of this section, shall cer tive. Any such amendment or termina Not more than 3 prcent of the fruit shall tify that, to the best of his knowledge tion shall not be applicable to sales for have broken skinswhich are not healed;
and belief, the products exported under export which otherwise comply with the Not more than 3 percent of the fruit shall this program will thereafter not reenter terms of this offer mad before the ef have growth cracks;
the United States or its territories or fective time and date of such amendment Not more than 5 percent of the fruit shall possessions in the form of fresh or proc or termination.
be damaged by creasing; and Not more than 5 percent of the fruit shall essed citrus fruits or juices including 507.8 Persons not eligible. No mem be seriously damaged by dryness or mushy damaged fruits or juices and salvage condition.
therefrom. In the event of such re ber of or delegate to Congress, or resident Commissioner, shall be admitted to any Any lot of fruit shall be considered as entry, the exporter shall refund to the share or part of any payment made un Secretary any export payment received meeting the standards for export if the der this offer or to any benefit that may entire lot averages within the require under this offer with respect to the, arise therefrom, but this provision shall quantity involved in such reentry.
ments specified for each defect: Pro not be construed to extend to a payment vided, That no sample from the con 507.5 Claims supported by proof of made to a corporation for its general tainers in any lot is found to exceed exportation, a The exporter shall file benefit.
double the percentage specified for each a separate claim for payment for each 507.9 Definitions. As used herein, defect, and that not more than a total export sale hereunder with the area rep of 10 percent of all defects enumerated resentative of the Secretary with whom the following terms have the following or itemized is found in any container.
he filed Form FV-407, Notice of Inten meanings :
a Secretary means the Secretary ii California or Arizona oranges, tion, not later than July 10, 1949: Pro grapefruit, or lemons shall meet the re vided, That, upon request of the exporter of Agriculture of the United States, or quirements foi> Standard Pack, and for indicating his reasons therefor, the Sec any authorized representative of the U. S. No. 2 Gradeor better, and also the retary, or his representative, may, if he Secretary.
b Exporter means any individual, Standards for Export, as defined in the deems it desirable, grant an extension latest respective United States Stand of time for such filing. Each claim for corporation, partnership, association, or ards for these fruits.
payment shall be filed in an original and other business entity engaged in the busi iii Canned processed citrus fruits three-copies on voucher form FDA-564, ness of selling for export citrus fruits and and juices shall meet the requirements Public VoucherDiversion Programs, juices, produced and packed or processed, for U. S. Grade A as defined in the latest and shall be-supported by 1 two certi in the continental United States.
c Sale or sales contract includes respective United States Standards or fied copies of the sales contract, 2 two Tentative United States Standards for certified copies of the sales invoice to a contract to sell. The contract shall such products or such other specifica the buyer, 3 two copies of the ocean consist of a written, instrument signed by tions which may be established by the oi-board bill of lading signed by an buyer and seller or a written offer and Secretary or his representative in the agent of the steamship company, 4 the acceptance evidenced by an exchange of absence of United States Standards or original and one copy of the Inspection telegrams, cablegrams, or letters.
d Date of sale means the date of Tentative United States Standards. certificate required in paragraph b 2
Cans shall be sound and clean, free from of 507.4, and 5 such other docu signing by both buyer and seller of a rust and serious dents.
ments, if any, as may be required by the written contract or the date of written 2
Inspection. Exporters shall be Secretary, or his representative, evi acceptance of a written offer or counter required to furnish certificates of inspec dencing sale and exportation of the offer to buy or sell.
tion for each lot of fresh or processed product on which payment is claimed.
e Public announcement means the citrus fruits or juices sold for export pur b The on-board bill of lading must issuance of a press release or the publica suant to this offer. Such certificates for show the quantity and description of the tions of a notice in the F ederal R egister.
fresh fruit shall be issued by the Federal product, the date and place of loading Effective date. This offer shall be ef or Federal-State Inspection Service and on vessel, the destination of the product, for processed products by representa and the name and address of both the fective on December 1, 1948.
tives of the Processed Products Stand exporter and consignee. If the shipper N ote : The record keeping and reporting re ardization and Inspection Division, Fruit or consignor named in such bill of lading quirements contained herein have been ap-