Federal Register - September 13, 1956
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Source: Federal Register
,
Thursday September 13, 1956
iii pay assessments pursuant to 970.45
and have inspection pursuant to 970.65
with respect to each shipment for ex port, potato chipping, distribution by the Federal Government, and for chari table purposes. Further, each handler who ships potatoes for export, potato chipping, distribution by the Federal Government, charitable purposes, dehy dration, canning, freezing or livestock feed, shall furnish a record of such ship ments to the administrative committee.
In addition, each application for a Cer tificate of Privilege to ship potatoes for export, potato chipping, charitable pur poses, dehydration, or canning or freez ing shall be accompanied by the appli cant handlers certification and the buyers or receivers certification th at the potatoes to be shipped for the pur pose stated in the application are to be used for such purpose. The buyers or receivers certification shall be furnished to the administrative committee within 10 days from the date of shipment by said applicant handler. Handlers mak ing shipments of potatoes for export to Canada may furnish the administrative committee with a copy of the Freight Delivery Receipt issued by Canadian customs officials upon entry of such ship ment into Canada in lieu of the buyers or receivers certification required in this subparagraph. The limitations set forth in this subparagraph shall not apply to shipments of potatoes of less than 15,000
pounds for canning or freezing, for de hydration, or for livestock feed when shipped in barrels, in bulk, or in iinsewn 100-pound burlap bags within the production area.
7 No handler shall ship potatoes un der a Certificate of Exemption issued pursuant to . 970.70 to 970.75, inclusive, and which are exempted from the grade and size limitations set forth in subpara graph 1 of this paragraph, unless such potatoes are packed in 50-pound or larger packs.
8 No handler shall ship any potatoes for which inspection is required unless an appropriate inspection certificate had been issued with respect thereto and the certificate is valid at the time of ship ment. For purposes of operation under this part, each inspection certificate is hereby determined, pursuant to para graph c of 970.65, to be valid for a period not to exceed 48 hours following completion of inspection as shown in the certificate.
9 The term fairly clean and the grades and sizes used in this section shall have the same meanings assigned these terms in the United States Standards for Potatoes < 51.1540 to 51.1559 of this title, including the tolerances set forth therein ; and all other terms used in this section shall have the same meaning as when used in Marketing Agreement No.
122 and Order No. 70 970.1 to 970.92.
Sec. 5, 49 Stat. 753, as amended; 7 U. S. C.
608c
Dated: September 10,1956.
seal S. R. S m ith , Director, Fruit and Vegetable Division.
IP. R. Doc. 56-7380; Piled, Sept. 12, 1956;
8:50 a. m.
FEDERAL REGISTER
TITLE 17 COM M ODITY AND
SECURITIES EXCH ANGES
Chapter I Commodity Exchange Authority Including Commodity Exchange Commission, Depart ment of Agriculture P art 1 G eneral R egulations U nder the C ommodity E xchange A ct HEDGING ANTICIPATED REQUIREMENTS FOR
PROCESSING OR MANUFACTURING UNDER
SECTION 4a 3 iOF COMMODITY EX. CHANGE ACT
6913
ment reporting and explaining such change. Such person shall also file with the Commodity Exchange Authority, a t least once each year, a statement setting forth the information described in para graph a of this section.
c Purchases and liquidation. All purchases of any commodity for future delivery pursuant to the provisions of section 4a 3 C of the act shall be made and liquidated in an orderly man ner and in accordance with sound com mercial practice. No such purchase shall be made or liquidated in a manner cal culated to cause sudden or unreasonable fluctuations or unwarranted changes in the price of such commodity.
This regulation implements the amend ment to section 4a of the Commodity Ex change Act approved July 24,1956, which becomes effective September 22, 1956.
It is being promulgated pursuant to the notice published in the F ederal R egister on August 2, 1956, affording interested persons an opportunity to present data, views, or arguments with reference thereto, arid after consideration of all pertinent m atters so presented. I t is necessary that this regulation become effective on September 22, 1956, the ef fective date of Public Law 778, in order for it to be of maximum benefit to proces sors and manufacturers who trade in commodity futures on or subject to the rules of contract markets. Accordingly, under section 4 of the Administrative Procedure Act 5 U. S. C. 1003, it is found upon good cause th at other pro cedure with respect to the regulation is impracticable, unnecessary, and contrary to public interest, and good cause is found for making the regulation effective less than 30 days after publication in the
By virtue of the authority vested in the Secretary of Agriculture under the Commodity Exchange Act 7 U. S. C. 117a, as amended by Public Law 778, 84th Congress, 2d session, approved, July 24, 1956, and pursuant to notice published in the F ederal R egister of August 2 , 1956
21 F. R. 5780, P art 1 of Chapter I, Title 17, Code of Federal Regulations 17 CFR
Part 1, is hereby amended by inserting the following section immediately after 1.47:
1.48 Hedging anticipated require ments for processing or manufacturing under section 4a 3 C of the Com modity Exchange Acta Form and manner of reporting. Any person who desires to avail himself of the provisions of section 4a 3 C of the Commodity Exchange Act, and to acquire a long fu tures position in any commodity with respect to which trading and position limits established by the Commodity Exchange Commission, pursuant to sec tion 4a of the act, shall be then in effect, shall, at least ten days prior to acquiring any position in excess of any such limit, file with the Commodity Exchange F ederal R egister.
Authority, United States Department of N ote: The reporting requirem ents of th is Agriculture, Washington 2$, D. C., a regulation have been approved by the Bureau statement showing such persons un of the Budget in accordance w ith the-Federal filled anticipated requirements for proc Reports Act of 1942.
essing or manufacturing for a specified This regulation shall become effective operating period not in excess of one September 22,1956.
year. Such statement shall set forth in seal E arl L. B utz, detail such persons unfilled anticipated Acting Secretary.
requirements and explain the method of determination thereof, and shall include, F. R. Doc. 56-7369; Filed, Sept. 12, 1956;
but not be limited to, the following 8:48 a. m.J
information:
1 Annual requirements of such com modity for processing or manufacturing TITL 19 CUSTOMS DUTIES
for the three fiscal years next preceding;
2 Anticipated requirements of such Chapter I Bureau of Customs, commodity for processing or manufac Department of the Treasury turing for a specified operating period T. D. 54184
not in excess of one year;
3 Inventory and forward purchases P art 8L iability for D u t ie s ; E ntry of of such commodity, including quantity in I mported M erchandise process of manufacture and finished REIMPORTATION
FREE OF DUTY OF CERTAIN
goods and byproducts in terms of such DUTY-PAID ARTICLES
commodity;
4 Anticipated unfilled requirements In order to consolidate more effec of such commodity for processing or tively the several provisions relating to manufacturing for a specified period not duty-paid articles exported and reim ported, 8.2 of the Customs Regulations in excess of one year.
b Supplemental reports. Wheneveris amended by deleting all semicolons such persons anticipated requirements and adding at the end of paragraph a j by as set forth in paragraph a 2 of this see 10.17 a of this chapter section or any statement supplemental adding at the end of paragraph b see thereto shall change, such person shall 10.15 of this chapter ;, by adding a t immediately file with the Commodity Ex the end of paragraph c see 10.42 of by adding at the end change Authority a supplemental state this chapter