Page:United States Statutes at Large Volume 53 Part 1.djvu/599

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CODIFICATION OF INTERNAL REVENUE LAWS (1) Whenever, on or after June 1, 1934, the rate of the processing tax on the processing of the commodity generally or for any designated use or uses, or as to any designated product or products thereof for any designated use or uses, or as to any class of products, is decreased, there shall be credited or refunded to such person an amount equivalent to the difference between the rate of the processing tax payable or paid at the time immediately preceding the decrease in rate and the rate of the processing tax which would have been payable with respect to the commodity from which processed, if the processing had occurred on such date: Provided, however, That no such credit or refund shall be made in the case of hogs unless the rate of the processing tax imme- diately preceding said decrease is equal to, or less than, the rate of the process- ing tax in effect on the date on which any floor stocks tax was paid prior to the adoption of this amendment. In the case of wheat the provisions of this paragraph and of paragraph (2) of this subsection shall apply to flour, pre- pared flour and cereal preparations made chiefly from wheat, as classified in Wheat Regulations, Series 1, Supplement 1 only; in the case of sugarcane and sugar beets the provisions of this paragraph and of paragraph (2) of this subsection shall apply to sugar only.

(3) Whenever the processing tax is suspended or is to be refunded pursuant to a certification of the Secretary of Agriculture to the Secretary of the Treas- ury, under section 15 (a) of this Act, the provisions of subdivision (1) of this subsection shall become applicable. (Amended June 26, 1934, c. 759, § 1, 48 Stat. 1241, amended Mar. 18, 1935, c. 32, § 10, 49 Stat. 48, amended Aug. 24, 1935, c. 641, § 25, 49 Stat. 769, amended June 22, 1936, 9 p. m ., c. 690, § 601 (g), 49 Stat. 1740.) (U. S . C., Title 7, § 616 (e).) EXPORTATIONS SEO. 17. (a) Upon the exportation to any foreign country (and/or to the Philippine Islands, the Virgin Islands, American Samoa, the Canal Zone, and the island of Guam) of any product processed wholly or partly from a com- modity with respect to which product or commodity a tax has been paid or is payable under this title, the tax due and payable or due and paid shall be credited or refunded. Under regulations prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, the credit or refund shall be allowed to the consignor named in the bill of lading under which the product is exported or to the shipper or to the person liable for the tax provided the consignor waives any claim thereto in favor of such shipper or person liable for the tax. In the case of rice, a tax due under this title which has been paid by a tax-payment warrant shall be deemed for the purposes of this subsection to have been paid; and with respect to any refund authorized under this section, the amount scheduled by the Commissioner of Internal Revenue for refunding shall be paid, any provision of law notwith- standing. In the case of sugar beets and sugarcane, this subsection shall be applicable to exports of products thereof to the Philippine Islands, the Virgin Islands, American Samoa, the Canal Zone, and/or the island of Guam only if this title with respect to sugar beets and sugarcane is not made applicable thereto. The term "product" includes any product exported as merchandise, or as a container for merchandise, or otherwise. (Amended May 9, 1934, c. 263, § 12, 48 Stat. 676; amended Mar. 18, 1935, c. 32 § 11, 49 Stat. 48; amended Aug. 24, 1935, c. 641, § 28, 49 Stat 770.) (U. S. C., Title 7, § 617 (a).) REFUNDING OF PROCESSING TAXES REVENUE ACT OF 1936 (June 22, 1936, c 690, 48 Stat. 1739, etc.) Tmia IV-ExPORT, CHARITABeI, Era, REFUNDS AND FLOOB STCoaK ADn sTMTrr UNDER AGRIOULTURAL ADJUSTMENT ACT sEC. 601. REFUNDS UNDER AGRICULTUBAL ADJUSTMENT ACT ON EXPORTS, DELIVERIES FOR CHARITABLI DISTBIBUTION OR USE, ETC. (a) The provisions of sections 10 (d), 15 (a), 15 (c), 16 (e) (1), 16 (e) (3), and 17 (a) of the Agricultural Adjustment Act, as amended, are hereby reen- acted but only for the purpose of allowing refunds in accordance therewith in cases where the delivery for charitable distribution or use, or the exportation, or the manufacture of large cotton bags, or the decrease in the rate of the processing tax (or its equivalent under section 16 (e) (3)), took place prior to January 6, 1936. XCIV