76 STAT. ]
PUBLIC LAW 87-535-JULY 13, 1962
161
sugarbeet acreage for the first time or that pertains to an existing sugarbeet processing plant or factory with substantially expanded facilities added to serve farms having a substantial sugarbeet acreage for the first time, to take into consideration in lieu of or in addition to the foregoing factors of processing, past marketings, and ability to market, the need of establishing an allotment which will permit such marketing of sugar as is necessary for reasonably efficient operation of any such new processing plant or factory or expanded facilities during each of the first two years of its operation." SEC. 6. Section 206 of such Act is amended to read as follows: sugar-contain" SEC. 206. The sugar or liquid sugar in any product or mixture, *"g P«"0'^"<=*S. which the Secretary determines is the same or essentially the same in composition and use as a sugar-containing product or mixture which was imported into the United States during any three or more of the five years prior to 1960 without being subject to a quota under this Act, shall not be subject to the quota and other provisions of this Act, unless the Secretary determines that the actual or prospective importation or bringing into the United States or Puerto Rico of such sugarcontaining product or mixture will substantially interfere with the attainment of the objectives of this Act: Provided., That the sugar and liquid sugar in any other product or mixture imported or brought into the United States or Puerto Rico shall be subject to the quota and other provisions of this Act unless the Secretary determines that the actual or prospective importation or bringing in of the sugarcontaining product or mixture will not substantially interfere with the attainment of the objectives of this Act. In determining whether the actual or prospective importation or bringing into the United States or Puerto Rico of any sugar-containing product or mixture will or will not substantially interfere with the attainment of the objectives of this Act, the Secretary shall take into consideration the total sugar content of the product or mixture in relation to other ingredients or to the sugar content of other products or mixtures for similar use, the costs of the mixture in relation to the costs of its ingredients for use in the United States or Puerto Rico, the present or prospective volume of importations relative to past importations, and other pertinent information which will assist him in making such determination. Determinations by the Secretary that do not subject sugar or liquid sugar in a product or mixture to a quota, may be made pursuant to this section without regard to the rulemaking requirements of section 4 of the Administrative Procedure Act, and by addressing such deter- eo Stat. 238. minations in writing to named persons and serving the same upon them ^ "^^ ^°°^by mail. If the Secretary has reason to believe it likely that the sugar or liquid sugar in any product or mixture will be subject to a quota under the provisions of this section, he shall make any determination provided for in this section with respect to such product or mixture m conformity with the rulemaking requirements of section 4 of the Administrative Procedure Act." SEC. 7, Section 207 of such Act is amended to read as follows: Direct-consump"SEC. 207. (a) The quota for Hawaii established under section 202;i^°« ^^g^^ q"°for any calendar year may be filled by direct-consumption sugar not to ' u s e 1117. exceed an amount equal to 0.842 per centum of the Secretary's deter- "*"'*' ^' ^^'* mination for such year issued pursuant to section 201. g^ g^^^ " (b) The quota for Puerto Rico established under section 202 for Ante, p^ lii^' any calendar year may be filled by direct-consumption sugar not to ^ "^^ ^^"• exceed an amount equal to 1.5 per centum of the Secretary's determination for such year issued pursuant to section 201: Provided., That one hundred and twenty-six thousand and thirty-three short tons, raw value, of such direct-consumption sugar shall be principally of crystalline structure.
78135 0-63—14
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