Page:United States Statutes at Large Volume 94 Part 3.djvu/1093

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PUBLIC LAW 96-000—MMMM. DD, 1980

PROCLAMATION 4744-APR. 2, 1980

94 STAT. 3737

oil (except crude oil which is exchanged in accordance with the provisions in the next to last sentence of Section 4(b)(1) of Proclamation 3279, as amended) or gasoline may be entered into the United States unless it is by or for the account of a person to which a license has been issued by the Secretary pursuant to this Proclamation and the entry is made in accordance with the terms of this Proclamation and of such license. (b) Unexpired and unused licenses, or portions thereof, issued pursuant to Proclamation 3279, as amended, for the entry of crude oil and gasoline may be used for the purpose of entering those respective products through April 23, 1980; provided, that the entry is otherwise made in accordance with the terms of this Proclamation and that payment is made for all applicable gasoline conservation «fees. Sec. l-102(a). Upon application, the Secretary shall issue licenses subject to the gasoline conservation fees provided for in this paragraph. (1) Except as provided in paragraph (a)(2) of this section, such licenses shall require, among other appropriate provisions, the payment of the following gasoline conservation fees: (A) With respect to the entry of crude oil, such fee shall be $4.62 per barrel; (B) With respect to the entry of gasoline, such fee shall be equal to the dollar per barrel amount of the gasoline entitlement determined in accordance with Section 2-1 of this Proclamation for the month in which the entry was made, which amount shall be published by the Secretary on or about the fifteenth day of the second month after the month of entry. (2) Gasoline conservation fees shall not be applicable with respect to the following types of entries: (A) Crude oil which is entered into the United States for the Strategic Petroleum Reserve Program by the Department of Energy, or by any other person certified by the Department of Energy as acting on its behalf; (B) Gasoline produced in the U.S. Virgin Islands or a U.S. Foreign Trade Zone which has incurred a gasoline entitlement obligation in accordance with Section 2-1 of this Proclamation. (b) All monies received- under this section shall be deposited into the Treasury of the United States. The Secretary shall credit to a deposit fund account a portion of the monies received under the terms of this section to be drawn upon by the Secretary for the payment of refunds of gasoline conservation fees. All other amounts shall be credited to miscellaneous receipts. Balances credited in the deposit fund account and not required to be reserved for payments hereinafter provided for shall be transferred at the end of the fiscal year to miscellaneous receipts. Sec. l-103(a)(l). Except as provided in paragraph (a)(2) or (a)(3) of this section, applications for licenses subject to payment of a gasoline conservation fee under Section l-102(a)(l) of this Proclamation shall not be considered unless they are accompanied by payment in the following amounts: (A) For licenses for the entry of crude oil, such payments shall be in the amount equal to the number of barrels for which the license is to be issued multiplied by $4.62. (B) For licenses for the entry of gasoline, such payment shall be in the amount equal to the number of barrels for which the license is to be issued multiplied by $4.35. Upon the determination of the actual fee, in accordance with Section l-102(a)(l)(B) of this Proclamation, for the month in which an entry is made, an adjustment of the amount paid shall be made in accordance with section l-104(a)(l) of this Proclamation. (2) In lieu of prepayment in accordance with paragraph (a) of this section.

19 USC 1862 note,

19 USC 1862 note.