Page:United States Statutes at Large Volume 104 Part 6.djvu/1001

This page needs to be proofread.


PROCLAMATION 6180—SEPT. 14, 1990 104 STAT. 5391 filed within the time limit prescribed therein. Claims not completed within the 90-day period shall be considered abandoned. A drawback claimant shall file all drawback claims with respect to the refund of any duties imposed under subheadings 1701.11.01, 1701.11.02, 1701.11.03. 1701.12.01, 1701.12.02, 1701.91.21, 1701.91.22, 1701.99.01, 1701.99.02, 1702.90.31, 1702.90.32, 1806.10.41, 1806.10.42, 2106.90.11 and 2106.90.12 with the Regional Commissioner of Customs, as specified in regulations. The Secretary of the Treasury shall promulgate or amend such regulations as are appropriate to enforce the terms, conditions and other limitations contained in this paragraph. (iii) Sugar described in subheading 1701.11.02 shall be entered only under a license issued by the Secretary of Agriculture, llie Secretary of Agriculture may promulgate such regulations (including any terms, conditions, certifications, bonds or other limitations) as are appropriate to ensure that sugar entered tmder subheading 1701.11.02 is used only for the purposes specified in subheading 1701.11.02 and that such licenses are not credited for the exportation of any polyhydric alcohol, refined sugar or sugar-containing products if any duties imposed on the entry of sugar under subheading 1701.11.03, 1701.12.02, 1701.91.22.1701.99.02, 1702.90.32, 1806.10.42, or 2106.90.12 are refunded, as drawback, on the basis, or as a result, of the exportation of such polyhydric alcohol, refined sugar or sugar-containing products. Subheading 1701.11.02 shall not be applicable unless the Secretary of Agriculture and the Commissioner of Customs shall be satisfied that the licensee has complied with all requirements set forth in such license and in such regulations. "(d) For purposes of this chapter and chapter 18. the term "raw value" means the equivalent of such articles in terms of ordinary commercial raw sugar testing 96 degrees by the polariscope as determined in accordance with regulations or instructions issued by the Secretary of the Treasury. Such regulations or instructions may, among other things, provide: (a) for the entry of such articles pending a final determination of polarity; and (b) that positive or negative adjustments for differences in preliminary and final raw values be made in the same or succeeding quota periods. The principal grades and types of sugar shall be translated into terms of raw value in the following maimer— "(i) For articles described in subheadings 1701.11.01, 1701.11.02, 1701.11.03, 1701.12.01, 1701.12.02. 1701.91.21. 1701.91.22. 1701.99.01, 1701.99.02. 1806.10.41. 1806.10.42, 2106.90.11. and 2106.90.12 by multiplying the number of kilograms thereof by the greater of 0.93. or 1.07 less 0.0175 for each degree of polarization tmder 100 degrees (and fractions of a degree in proportion). "(ii) For articles described in subheadings 1702.90.31 and 1702.90.32, by multiplying the nmnber of kilograms of the total sugars thereof (the sum of the sucrose and reducing or invert sugars) by 1.07. "(iii) The Secretary of the Treasury shall establish methods for translating sugar into terms of raw value for any special grade or type of sugar, syrup, or molasses for which he/she determines that the raw value cannot be measured adequately under the above provisions." 2. Additional U.S. note 4 to chapter 17 of the Harmonized Tariff Schedule is modified to provide as follows: "4. (a) The duty-free treatment accorded to the importation of sugars, syrups and molasses described in subheadings 1701.11.01, 1701.12.01, 1701.91.21, 1701.99.01, 1702.90.31, 1806.10.41 and 2106.90.11. from the beneficiary countries for purposes of the Generalized System of Preferences and Caribbean Basin Economic Recovery Act, shall be limited to the quantities as established and allocated pursuant to paragraphs (a) and (b) of additional U.S. note 3 to chapter 17. "(b) Duty-free treatment shall be accorded to the importation of sugars, the products of beneficiary countries for purposes of the Generalized System of Preferences and Caribbean Basin Economic Recovery Act, described in subheading 1701.11.02." Proclamation 6180 of September 14, 1990 National POW/MIA Recognition Day, 1990 By the President of the United States of America A Proclamation Our Nation owes a lasting debt of gratitude to all those selfless and heroic members of our Armed Forces who have risked their own &ee-