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Page:United States Statutes at Large Volume 61 Part 1.djvu/950

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PUBLIC LAWS-CH. 519-AUG. 8 , 1947 Proration of Philip- Any portion of such Philippine deficit which the Secretary determines cannot be supplied by Cuba shall be prorated to foreign countries other than Cuba and the Republic of the Philippines. No part of any Philippine deficit so prorated may be filled by direct-consumption sugar. Revision of prora- (b) If, on the 1st day of September in any calendar year, any part countra foreign or all of the proration to any foreign country of the quota for foreign countries other than Cuba and the Republic of the Philippines estab- lished under the provisions of section 202 (c) has not been filled, the Secretary may revise the proration of such quota among such foreign countries by allotting an amount of sugar equal to such unfilled prora- tion to such foreign countries as have filled their prorations of such quota by such date. Nonreduction of (c) The quota for any domestic area, the Republic of the Philip- pines, Cuba or other foreign countries as established under the provisions of section 202 shall not be reduced by reason of any deter- mination of a deficit existing in any calendar year under the provisions of subsections (a) and (b) of this section 204. Basis of proration. (d) Any proration among foreign countries other than Cuba and the Republic of the Philippines pursuant to this section shall be on such basis as the Secretary shall determine. tAlotmentofmquotas SEC. 205. (a) Whenever the Secretary finds that the allotment or importing sugar. of any quota, or proration thereof, established for any area pursuant to the provisions of this Act, is necessary to assure an orderly and adequate flow of sugar or liquid sugar in the channels of interstate or foreign commerce, or to prevent disorderly marketing or importation of sugar or liquid sugar, or to maintain a continuous and stable supply of sugar or liquid sugar, or to afford all interested persons an equitable opportunity to market sugar or liquid sugar within any area's quota, after such hearing and upon such notice as he may by regulations prescribe, he shall make allotments of such quota or proration thereof by allotting to persons who market or import sugar or liquid sugar, for such periods as he may designate, the quantities of sugar or liquid sugar which each such person may market in continental United States, the Territory of Hawaii, or Puerto Rico, or may import or bring into continental United States, for consumption therein. Allotments shall be made in such manner and in such amounts as to provide a fair, efficient, and equitable distribution of such quota or proration thereof, by taking into con- sideration the processings of sugar or liquid sugar from sugar beets or sugarcane to which proportionate shares, determined pursuant Po p. 930. to the provisions of subsection (b) of section 302, pertained; the past marketings or importations of each such person; and the ability of such person to market or import that portion of such quota or meision of allot- proration thereof allotted to him. The Secretary may also, upon such hearing and notice as he may by regulations prescribe, revise or amend any such allotment upon the same basis as the initial allot- ment was made. cApeal from de (b) An appeal may be taken, in the manner hereinafter provided from any decision making such allotments, or revisions thereof, to the United States Court of Appeals for the District of Columbia in any of the following cases: (1) By any applicant for an allotment whose application shall have been denied. (2) By any person aggrieved by reason of any decision of the Secretary granting or revising any allotment made to him. Filing of notice of (C) Such appeal shall be taken by filing with said court, within twenty days after the decision complained of is effective, notice in writing of said appeal and a statement of the reasons therefor, together 926 [61 STAT.