CFR-2011 title 7

Office of the Secretary, USDA

§ 6.20

discuss the condition which requires
emergency treatment and shall be accompanied by suggested letters from
the Secretary to the President, to the
Tariff Commission, and to the petitioner advising them of the Secretary’s
determination. The suggested letter
from the Secretary to the President
shall include a recommendation as to
whether such emergency treatment
should take the form of action by the
President prior to receiving the recommendations of the Tariff Commission, or whether a decision by the
President may appropriately be withheld until the recommendations of the
Tariff Commission are received. If
emergency treatment is not recommended, the report to the Secretary
shall be accompanied by suggested letters from the Secretary to the petitioner and to the Tariff Commission
stating the action taken. Each such report shall be submitted to the other offices, agencies, and bureaus of the Department of Agriculture whose activities would be affected, for concurrence
or comment.
§ 6.8 Representation at Tariff Commission hearings.
The Department of Agriculture shall
be represented at all hearings conducted by the Tariff Commission under
section 22 by persons designated by the
Administrator, assisted by a representative of the Office of the General Counsel. Such representatives shall present
the recommendations of the Department of Agriculture, shall submit such
information and data in support thereof as are available, and shall exercise
the right of examining other witnesses
which is granted to the Secretary.
[17 FR 8287, Sept. 16, 1952; 20 FR 1830, Mar. 25,
1955]

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§ 6.9

Information.

Persons desiring information from
the Department of Agriculture regarding section 22 or section 8(a), or any action with respect thereto, should address such inquiries to the Administrator, Foreign Agricultural Service,
United States Department of Agriculture, Washington 25, DC.

Subpart—Dairy Tariff-Rate Import
Quota Licensing
AUTHORITY: Additional U.S. Notes 6, 7, 8,
12, 14, 16–23 and 25 to Chapter 4 and General
Note 15 of the Harmonized Tariff Schedule of
the United States (19 U.S.C. 1202), Pub. L. 97–
258, 96 Stat. 1051, as amended (31 U.S.C. 9701),
and secs. 103 and 404, Pub. L. 103–465, 108
Stat. 4819 (19 U.S.C. 3513 and 3601).
SOURCE: 61 FR 53007, Oct. 9, 1996, unless
otherwise noted.

§ 6.20

Introduction.

(a) Presidential Proclamation 6763 of
December 23, 1994, modified the Harmonized Tariff Schedule of the United
States affecting the import regime for
certain articles of dairy products. The
Proclamation terminated quantitative
restrictions that had been imposed pursuant to section 22 of the Agricultural
Adjustment Act of 1933, as amended (7
U.S.C. 624); proclaimed tariff-rate
quotas for such articles pursuant to
Pub. L. 103–465; and specified which of
such articles may be entered only by or
for the account of a person to whom a
license has been issued by the Secretary of Agriculture.
(b) Effective January 1, 1995, the
prior regime of absolute quotas for certain dairy products was replaced by a
system of tariff-rate quotas. The articles subject to licensing under the new
tariff-rate quotas are listed in Appendices 1, 2, and 3 of this subpart. Licenses will be issued pursuant to the
provisions of this subpart for the 1997
and subsequent quota years. These licenses will permit the holder to import
specified quantities of the subject articles into the United States at the applicable in-quota rate of duty. If an importer has no license for an article subject to a tariff-rate quota, such importer will, with certain exceptions, be
required to pay the applicable overquota rate of duty.
(c) The Secretary of Agriculture has
determined that this subpart will, to
the fullest extent practicable, result in
fair and equitable allocation of the
right to import articles subject to such
tariff-rate quotas. The subpart will
also maximize utilization of the tariffrate quotas for such articles, taking
due account of any special factors

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§ 6.21

7 CFR Subtitle A (1–1–11 Edition)

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which may have affected or maybe affecting the trade in the articles concerned.
§ 6.21 Definitions.
As used in this subpart and the Appendices thereto, the following terms
mean:
Article. One of the products listed in
Appendices 1, 2, or 3 which are the
same as those described in Additional
U.S. Notes 6, 7, 8, 12, 14, 16–23 and 25 to
Chapter 4 of the Harmonized Tariff
Schedule.
Customs. The United States Customs
Service.
Country. Country of origin as determined in accordance with Customs
rules and regulations, except that ‘‘EC
12’’, ‘‘EC 15’’, and ‘‘Other countries’’ shall
each be treated as a country.
Cheese or cheese products. Articles in
headings 0406, 1901.90.34, and 1901.90.36
of the Harmonized Tariff Schedule.
Commercial entry. Any entry except
those made by or for the account of the
United States Government or for a foreign government, for the personal use
of the importer or for sampling, taking
orders, research, or the testing of
equipment.
Dairy products. Articles in headings
0401 through 0406, margarine cheese
listed under headings 1901.90.34 and
1901.90.36, ice cream listed under heading 2105, and casein listed under heading 3501 of the Harmonized Tariff
Schedule.
Department. The United States Department of Agriculture.
EC 12. Belgium, Denmark, the Federal Republic of Germany, France,
Greece, Ireland, Italy, Luxembourg,
the Netherlands, Portugal, Spain, and
the United Kingdom.
EC 15. Austria, Belgium, Denmark,
the Federal Republic of Germany, Finland, France, Greece, Ireland, Italy,
Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United
Kingdom.
Enter or Entry. To make or making
entry for consumption, or withdrawal
from warehouse for consumption in accordance with Customs regulations and
procedures.
Harmonized Tariff Schedule or HTS.
The Harmonized Tariff Schedule of the
United States.

Licensee. A person to whom a license
has been issued under this subpart.
Licensing Authority. Any officer or
employee of the U.S. Department of
Agriculture designated to act in this
position by the Director of the Division
charged with managing the Dairy Tariff-Rate Import Quota Licensing System, currently the Import Policies and
Programs Division of the Foreign Agricultural Service.
Other countries. Countries not listed
by name as having separate tariff-rate
quota allocations for an article in the
Additional U.S. Notes to Chapter 4 of
the Harmonized Tariff Schedule.
Person. An individual, firm, corporation, partnership, association, trust,
estate or other legal entity.
Postmark. The postage cancellation
mark or date applied by the United
States Postal Service. This does not include the date on metered postage affixed by the applicant, or on mail delivered by private entities.
Process or Processing. Any additional
preparation of a dairy product, such as
melting, grating, shredding, cutting
and wrapping, or blending with any additional ingredient.
Quota year. The 12-month period beginning on January 1 of a given year.
Tariff-rate quota amount or TRQ
amount. The amount of an article subject to the applicable in-quota rate of
duty established under a tariff-rate
quota.
United States. The customs territory
of the United States, which is limited
to the 50 states, the District of Columbia, and Puerto Rico.
[61 FR 53007, Oct. 9, 1996, as amended at 65 FR
1298, Jan. 10, 2000]

§ 6.22 Requirement for a license.
(a) General rule. A person who seeks
to enter, or cause to be entered, an article shall obtain a license, in accordance with this subpart, except as provided in paragraph (b).
(b) Exceptions. Licenses are not required if:
(1) The article is imported by or for
the account of any agency of the U.S.
Government;
(2) The article is imported for the
personal use of the importer, provided
that the net weight does not exceed
five kilograms in any one shipment;

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Office of the Secretary, USDA

§ 6.23

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(3) The article imported will not
enter the commerce of the United
States and is imported as a sample for
taking orders, for exhibition, for display or sampling at a trade fair, for research, for testing of equipment; or for
use by embassies of foreign governments. Written approval of the Licensing Authority shall be obtained prior
to entry, and the importer of record (or
a broker or agent acting on its behalf)
shall provide to the Licensing Authority, prior to the release of such articles, the appropriate Customs documentation identifying the article,
quantity to be imported, its location,
intended use, an entry number and the
importer of record. The Licensing Authority may also require as a condition
of import that the article be destroyed
or re-exported after such use; or
(4) Such person pays the applicable
over-quota rate of duty.
§ 6.23 Eligibility to apply for a license.
(a) In general. To apply for any license, a person shall have:
(1) A business office, and be doing
business, in the United States, and
(2) An agent in the United States for
service of process.
(b) Eligibility for the 1997 and subsequent quota years—(1) Historical licenses
(Appendix 1). Any person issued a historical or nonhistorical license for the
1996 quota year for an article may
apply for a historical license (Appendix
1) for the same article from the same
country for the 1997 and subsequent
quota years, if such person was, during
the 12-month period ending August 31
prior to the quota year, either:
(i) Where the article is cheese or
cheese product,
(A) The owner of and importer of
record for at least three separate commercial entries of cheese or cheese
products totaling not less than 57,000
kilograms net weight, each of the three
entries not less than 2,000 kilograms
net weight,
(B) The owner of and importer of
record for at least eight separate commercial entries of cheese or cheese
products, from at least eight separate
shipments, totaling not less than 19,000
kilograms net weight, each of the eight
entries not less than 450 kilograms net
weight, with a minimum of two entries

in each of at least three quarters during that period; or
(C) The owner or operator of a plant
listed in Section II or listed in Section
I as a processor of cheese of the most
current issue of ‘‘Dairy Plants Surveyed and Approved for USDA Grading
Service’’ and had processed or packaged
at least 450,000 kilograms of cheese or
cheese products in its own plant in the
United States; or
(ii) Where the article is not cheese or
cheese product,
(A) The owner of and importer of
record for at least three separate commercial entries of dairy products totaling not less than 57,000 kilograms net
weight, each of the three entries not
less than 2,000 kilograms net weight;
(B) The owner of and importer of
record for at least eight separate commercial entries of dairy products, from
at least eight separate shipments, totaling not less than 19,000 kilograms
net weight, each of the eight entries
not less than 450 kilograms net weight,
with a minimum of two entries in each
of at least three quarters during that
period;
(C) The owner or operator of a plant
listed in the most current issue of
‘‘Dairy Plants Surveyed and Approved
for USDA Grading Service’’ and had
manufactured, processed or packaged
at least 450,000 kilograms of dairy products in its own plant in the United
States; or
(D) The exporter of dairy products in
the quantities and number of shipments required under (A) or (B) above.
(2) Certain butter. A person issued a
nonhistorical license for butter for the
1997 or 1998 quota year may annually
apply for a historical license (Appendix
1) for the same quantity of butter for
the subsequent quota year and each
year thereafter, provided that such person has used at least 90 percent of the
original license issued for the previous
quota year and meets the requirements
of paragraph (b)(1)(ii). However, if a
person is issued a historical license
pursuant to this paragraph, that person
may not be issued a nonhistorical license for butter for any quota year in
which that historical license is issued
to that person, unless applicants who
do not hold such a license have all been
issued such a nonhistorical license.

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§ 6.23

7 CFR Subtitle A (1–1–11 Edition)

(3) Nonhistorical licenses for cheese or
cheese products (Appendix 2). A person
may annually apply for a nonhistorical
license for cheese or cheese products
(Appendix 2) for the 1997 quota year
and each quota year thereafter if such
person meets the requirements of paragraph (b)(1)(i) of this section.
(4) Nonhistorical licenses for articles
other than cheese or cheese products (Appendix 2). A person may annually apply
for a nonhistorical license for articles
other than cheese or cheese products
(Appendix 2) for the 1997 quota year
and each quota year thereafter if such
person meets the requirements of paragraph (b)(1)(ii).
(5) Designated license (Appendix 3). A
person may annually apply for a designated license (Appendix 3) for the
1997 quota year and for each quota year
thereafter, provided that such person
meets the requirements of paragraph
(b)(1)(i), of this section and provided
further that the government of the
country has designated such person for
such license. The designating country
shall submit its selection of designated
importers in writing directly to the Licensing Authority not later than October 31 prior to the beginning of the
quota year.
(c) Exceptions. (1) A licensee that fails
in a quota year to enter at least 85 percent of the amount of an article permitted under a license, shall not be eligible to receive a license for the same
article from the same country for the
next quota year. For the purpose of
this paragraph, the amount of an article permitted under the license will exclude any amounts surrendered pursuant to § 6.26(a), but will include any additional allocations received pursuant
to § 6.26(b).
(2) Paragraph (c)(1) of this section
will not apply where the licensee demonstrates to the satisfaction of the Licensing Authority that the failure resulted from breach by a carrier of its
contract of carriage, breach by a supplier of its contract to supply the article, act of God or force majeure.
(3) Paragraph (c)(1) of this section
may not apply in the case of historical
or nonhistorical licenses, where the licensee demonstrates to the satisfaction
of the Licensing Authority that the
country specified on the license main-

tains or permits an export monopoly to
control the dairy articles concerned
and the licensee petitions the Licensing Authority to waive this requirement. The licensee shall submit evidence that the country maintains an
export monopoly as defined in this
paragraph. For the purposes of this
paragraph ‘‘export monopoly’’ means a
privilege vested in one or more persons
consisting of the exclusive right to
carry on the exportation of any article
of dairy products from a country to the
United States.
(4) The Licensing Authority will not
issue a nonhistorical license (Appendix
2) for an article from a country during
a quota year to an applicant who is affiliated with another applicant to
whom the Licensing Authority is
issuing a non-historical license for the
same article from the same country for
that quota year. Further, the Licensing Authority will not issue a nonhistorical license for butter to an applicant who is affiliated with another
applicant to whom the Licensing Authority is issuing a historical butter license of 57,000 kilograms or greater.
For the purpose of this paragraph, an
applicant will be deemed affiliated
with another applicant if:
(i) The applicant is the spouse, brother, sister, parent, child or grandchild of
such other applicant;
(ii) The applicant is the spouse,
brother, sister, parent, child or grandchild of an individual who owns or controls such other applicant;
(iii) The applicant is owned or controlled by the spouse, brother, sister,
parent, child or grandchild of an individual who owns or controls such other
applicant.
(iv) Both applicants are 5 percent or
more owned or directly or indirectly
controlled, by the same person;
(v) The applicant, or a person who
owns or controls the applicant, benefits
from a trust that controls such other
applicant.
(5) The Licensing Authority will not
issue a nonhistorical license (Appendix
2) for an article from a country during
a quota year to an applicant who is associated with another applicant to
whom the Licensing Authority is
issuing a nonhistorical license for the
same article from the same country for

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§ 6.25

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that quota year. Further, the Licensing Authority will not issue a nonhistorical license for butter to an applicant who is associated with another
applicant to whom the Licensing Authority is issuing a historical butter license for 57,000 kilograms or greater.
For the purpose of this paragraph, an
applicant will be deemed associated
with another applicant if:
(i) The applicant is an employee of,
or is controlled by an employee of,
such other applicant;
(ii) The applicant manages or is managed by such other applicant, or economically benefits, directly or indirectly, from the use of the license
issued to such other applicant.
(6) The Licensing Authority will not
issue a nonhistorical license for an article from a country, for which the applicant receives a designated license.
§ 6.24 Application for a license.
(a) Application for license shall be
made on either paper or electronic
forms, provided or designated by the
Licensing Authority, and shall be submitted in accordance with § 6.36(b). All
parts of the application shall be completed. The application, if mailed, shall
be postmarked no earlier than September 1 and no later than midnight
October 15 of the year preceding that
for which license application is made.
The application, if submitted electronically, shall be transmitted no earlier
than September 1 and no later than
midnight October 15 of the year preceding that for which license application is made. The Licensing Authority
will not accept incomplete applications
or unpostmarked mailed applications.
(b)(1) Where the applicant seeks to
establish eligibility on the basis of imports, applications shall include identification of entries (if submitted electronically) or Customs Form 7501 (if
submitted by mail), sufficient to establish the applicant as the importer of
record of entries required under § 6.23,
during the 12-month period ending August 31 prior to the quota year for
which license is being sought.
(2) Where the applicant seeks to establish eligibility on the basis of exports, applications shall include:
(i) Census Form 7525 or a copy of the
electronic submission of such form, and

(ii) The commercial invoice or bill of
sale for the quantities and number of
export shipments required under § 6.23,
during the 12-month period ending August 31 prior to the quota year for
which license is being sought.
(c) However, if the applicant is applying on the basis of more than eight
shipments, the application, if mailed,
shall include:
(1) The required documentary evidence for eight shipments;
(2) A signed certification that the remaining required documents are on file
at the applicant’s premises; and
(3)(i) If the application is made on
the basis of imports, a listing of the
entry numbers, dates of entry and volumes on those remaining documents;
or
(ii) If the application is made on the
basis of exports, a listing of the dates
of export and volumes on those documents.
(d) An applicant requesting more
than one nonhistorical license must
rank order these requests by the applicable Additional U.S. Note number.
Cheese and cheese products must be
ranked separately from dairy articles
which are not cheese or cheese products.
[61 FR 53007, Oct. 9, 1996, as amended at 69 FR
59763, Oct. 6, 2004]

§ 6.25

Allocation of licenses.

(a) Historical licenses for the 1997 quota
year (Appendix 1). (1) A person issued a
historical license for the 1996 quota
year will be issued a historical license
for the 1997 quota year in an amount
equal to the Basic Annual Allocation
level used by the Licensing Authority
for the 1996 quota year provided that
such person meets the requirements of
§ 6.23(b)(1) and § 6.23(c).
(2) A person issued a nonhistorical license for the 1996 quota year will be
issued a historical license for the 1997
quota year for the same quantity as
the license for the 1996 quota year, provided that such person meets the requirements of § 6.23.
(3) If a person was issued more than
one historical license, or one or more
historical licenses and a nonhistorical
license, for the same article from the
same country for the 1996 quota year,

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§ 6.25

7 CFR Subtitle A (1–1–11 Edition)

such person will be issued a single historical license for the 1997 quota year,
the amount of which shall be determined in accordance with paragraphs,
(a) (1) and (2) of this section.
(b) Historical licenses for the 2011 and
subsequent quota years (Appendix 1). (1)
A person issued a historical license for
the 2010 quota year will be issued a historical license in the same amount for
the same article from the same country for the 2011 quota year and for each
subsequent quota year except that:
(i) Beginning with the 2016 quota
year, a person who has surrendered
more than 50 percent of such historical
license in at least three of the prior 5
quota years will thereafter be issued a
license in an amount equal to the average annual quantity entered during
those 5 quota years.
(ii) [Reserved]
(c) Nonhistorical licenses (Appendix 2).
The Licensing Authority will allocate
nonhistorical licenses on the basis of a
rank-order lottery system, which will
operate as follows:
(1) The minimum license size shall
be:
(i) Where the article is cheese or
cheese product:
(A) The total amount available for
nonhistorical
license
where
such
amount is less than 9,500 kilograms;
(B) 9,500 kilograms where the total
amount available for nonhistorical license is between 9,500 kilograms and
500,000 kilograms, inclusive;
(C) 19,000 kilograms where the total
amount available for nonhistorical license is between 500,001 kilograms and
1,000,000 kilograms, inclusive;
(D) 38,000 kilograms where the total
amount available for nonhistorical license is greater than 1,000,000 kilograms; or
(E) An amount less than the minimum license size established in paragraphs (c)(1)(i) (A) through (D) of this
section, if requested by the licensee;
(ii) Where the article is not cheese or
cheese product:
(A) The total amount available for
nonhistorical
license
where
such
amount is less than 19,000 kilograms;
(B) 19,000 kilograms where the total
amount available for nonhistorical license is between 19,000 kilograms and
550,000 kilograms, inclusive;

(C) 38,000 kilograms where the total
amount available for nonhistorical license is between 550,001 kilograms and
1,000,000 kilograms, inclusive; and
(D) 57,000 kilograms where the total
amount available for nonhistorical license is greater than 1,000,000 kilograms;
(E) An amount less than the minimum license sizes established in paragraphs (c)(1)(i) (A) through (D) of this
section, if requested by the licensee.
(2) Taking into account the order of
preference expressed by each applicant,
as required by § 6.24(c), the Licensing
Authority will allocate licenses for an
article from a country by a series of
random draws. A license of minimum
size will be issued to each applicant in
the order established by such draws
until the total amount of such article
in Appendix 2 has been allocated. An
applicant that receives a license for an
article will be removed from the pool
for subsequent draws until every applicant has been allocated at least one license, provided that the licenses for
which they applied are not already
fully allocated. Any amount remaining
after the random draws which is less
than the applicable minimum license
size may, at the discretion of the Licensing Authority, be prorated equally
among the licenses awarded for that
article.
(d) Designated licenses (Appendix 3). (1)
With respect to an article listed in Appendix 3, the government of the applicable country may, not later than October 31 prior to the beginning of a
quota year, submit directly and in
writing to the Licensing Authority:
(i) The names and addresses of the
importers that it is designating to receive licenses; and
(ii) The amount, in percentage terms,
of such article for which each such importer is being designated. Where quantities for designation result from both
Tokyo Round concessions and Uruguay
Round concessions, the designations
should be made in terms of each.
(2) To the extent practicable, the Licensing Authority will issue designated
licenses to those importers, and in
those amounts, indicated by the government of the applicable country, provided that the importer designated
meets the eligibility requirements set

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Office of the Secretary, USDA

§ 6.26

forth in § 6.23. Consistent with the
international obligations of the United
States, the Licensing Authority may
disregard a designation if the Licensing
Authority determines that the person
designated is not eligible for any of the
reasons set forth in § 6.23(c) (1) or (2).
(3) If a government of a country
which negotiated in the Uruguay
Round for the right to designate importers has not done so, but determines
to designate importers for the next
quota year, it shall indicate its intention to do so directly and in writing to
the Licensing Authority not later than
July 1 prior to the beginning of such
next quota year. Furthermore, if a government that has designated importers
for a quota year determines that it will
not continue to designate importers for
the next quota year, it shall so indicate
directly and in writing to the Licensing Authority, not later than July 1
prior to such next quota year.
[17 FR 8287, Sept. 16, 1952, as amended at 73
FR 53356, Sept. 16, 2008; 75 FR 76254, Dec. 8,
2010]

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§ 6.26

Surrender and reallocation.

(a) If a licensee determines that it
will not enter the entire amount of an
article permitted under its license,
such licensee shall surrender its license
right to enter the amount that it does
not intend to enter. Surrender shall be
made to the Licensing Authority in
writing by mail or electronic submission, postmarked or electronically submitted, in accordance with § 6.36(b), no
later than October 1. Any surrender
shall be final and shall be only for that
quota year, except as provided in
§ 6.25(b). The amount of the license not
surrendered shall be subject to the license use requirements of § 6.23(c)(1).
(b) For each quota year, the Licensing Authority will, to the extent practicable, reallocate any amounts surrendered.
(c) Any person who has been issued a
license for a quota year may apply to
receive additional license, or addition
to an existing license for a portion of
the amount being reallocated. The application shall be submitted to the Licensing Authority by mail or electronic submission, in accordance with
§ 6.36(b), no earlier than September 1

and not later than September 15, and
shall specify:
(1) The name and control number of
the applicant;
(2) The article and country being requested, the applicable Additional U.S.
Note number and, if more than one article is requested, a rank-order by Additional U.S. Note number; and
(3) If applicable, the number of the license issued to the applicant for that
quota year permitting entry of the
same article from the same country.
(d) The Licensing Authority will reallocate surrendered amounts among
applicants as follows:
(1) The minimum license size, or addition to an existing license, will be
the total amount of the article from a
country surrendered, or 10,000 kilograms, whichever is less;
(2) Minimum size licenses, or additions to an existing license, will be allocated among applicants requesting
articles on the basis of the rank-order
lottery system described in § 6.25(c);
(3) If there is any amount of an article from a country left after minimum
size licenses have been issued, the Licensing Authority may allocate the remainder in any manner it determines
equitable among applicants who have
requested that article; and
(4) No amount will be reallocated to
a licensee who has surrendered a portion of its license for the same article
from the same country during that
quota year unless all other licensees
applying for a reallocated quantity
have been allocated a license;
(e) However, if the government of an
exporting country chooses to designate
eligible importers for surrendered
amounts under Appendix 3, the Licensing Authority shall issue the licenses
in accordance with § 6.25(d)(2), provided
that the government of the exporting
country notifies the Licensing Authority of its designations no later than
September 1. Such notification shall
contain the names and addresses of the
importers that it is designating and
the amount in percentage terms of
such article for which each importer is
being designated. In such case the requirements of paragraph (c) of this section shall not apply.

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§ 6.27

7 CFR Subtitle A (1–1–11 Edition)

(f) Except for paragraph (a), the provisions of § 6.26 for surrendered and reallocated tariff-rate quota shares do
not apply for the 1996 quota year. Reissued tariff-rate quota shares for licenses surrendered during 1996 will be
made pursuant to the provisions in effect for the 1996 quota year (§ 6.26(f)(2)
as contained in 7 CFR subtitle A, revised as of January 1, 1996).
[61 FR 53007, Oct. 9, 1996, as amended at 69 FR
59764, Oct. 6, 2004]

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§ 6.27 Limitations on use of license.
(a) A licensee shall not obtain or use
a license for speculation, brokering, or
offering for sale, or permit any other
person to use the license for profit.
(b) A licensee who is eligible as a
manufacturer or processor, pursuant to
§ 6.23, shall process at least 75 percent
of its licensed imports in such person’s
own facilities and maintain the records
necessary to so substantiate.
§ 6.28 Transfer of license.
(a) If a licensee sells or conveys its
business involving articles covered by
this subpart to another person, including the complete transfer of the attendant assets, the Licensing Authority will transfer to such other person
the historical, nonhistorical or designated license issued for that quota
year. Such sale or conveyance must be
unconditional, except that it may be in
escrow with the sole condition for return of escrow being that the Licensing
Authority determines that such sale
does not meet the requirements of this
paragraph.
(b) The parties seeking transfer of license shall give written notice to the
Licensing Authority of the intended
sale or conveyance described in paragraph (a) of this section by mail as required in § 6.36(b). The notice must be
received by the Licensing Authority at
least 20 working days prior to the intended consummation of the sale or
conveyance. Such written notice shall
include copies of the documents of sale
or conveyance. The Licensing Authority will review the documents for compliance with the requirements of paragraph (a) of this section and advise the
parties in writing of its findings by the
end of the 20-day period. The parties
shall have the burden of demonstrating

to the satisfaction of the Licensing Authority that the contemplated sale or
conveyance complies with the requirements of paragraph (a) of this section.
Within 15 days of the consummation of
the sale or conveyance, the parties
shall mail copies of the final documents to the Licensing Authority, in
accordance with § 6.36(b). The Licensing
Authority will not transfer the licenses
unless the documents are submitted in
accordance with this paragraph.
(c) The eligibility for a license of a
person to whom a business is sold or
conveyed will be determined for the
next quota year in accordance with
§ 6.23. For the purposes of § 6.23(b)(1) the
person to whom a business is sold or
conveyed shall be deemed to be the person to whom the historical licenses
were issued during the quota year in
which the sale or conveyance occurred.
Further, for the purposes of § 6.23 (b)
and (c), the entries made under such licenses by the original licensee during
the year in which the sale of conveyance is made, shall be considered as
having been made by the person to
whom the business was sold or conveyed.
[61 FR 53007, Oct. 9, 1996, as amended at 69 FR
59764, Oct. 6, 2004]

§ 6.29

Use of licenses.

(a) An article entered under a license
shall be an article produced in the
country specified on the license.
(b) An article entered or withdrawn
from warehouse for consumption under
a license must be entered in the name
of the licensee as the importer of
record by the licensee or its agent, and
must be owned by the licensee at the
time of such entry.
(c) If the article entered or withdrawn from warehouse for consumption
was purchased by the licensee through
a direct sale from a foreign supplier,
the licensee shall present, at the time
of entry:
(1) A true and correct copy of a
through bill of lading from the country; and
(2) A commercial invoice or bill of
sale from the seller, showing the quantity and value of the product, the date
of purchase and the country; or

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§ 6.33

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(3) Where the article was entered into
warehouse by the foreign supplier, Customs Form 7501 endorsed by the foreign
supplier and the commercial invoice.
(d) If the article entered was purchased by the licensee via sale-in-transit, the licensee shall present, at the
time of entry:
(1) A true and correct copy of a
through bill of lading endorsed by the
original consignee of the goods;
(2) A certified copy of the commercial invoice or bill of sale from the foreign supplier to the original consignee
of the goods; and
(3) A commercial invoice or bill of
sale from the original consignee to the
licensee.
(e) If the article entered was purchased by the licensee in warehouse,
the licensee shall present, at the time
of entry:
(1) Customs Form 7501 endorsed by
the original consignee of the goods;
(2) A certified copy of the commercial invoice or bill of sale from the foreign supplier to the original consignee
of the goods; and
(3) A commercial invoice or bill of
sale from the original consignee to the
licensee.
(f) The Licensing Authority may
waive the requirements of paragraphs
(c), (d) or (e), if it determines that because of strikes, lockouts or other unusual circumstances, compliance with
those requirements would unduly
interfere with the entry of such articles.
(g) Nothing in this subpart shall prevent the use of immediate delivery in
accordance with the provisions of Customs regulations relating to tariff-rate
quotas.
§ 6.30 Record maintenance and inspection.
A licensee shall retain all records relating to its purchases, sales and transactions governed by this subpart, including all records necessary to establish the licensee’s eligibility, for five
years subsequent to the end of the
quota year in which such purchases,
sales or transactions occurred. During
that period, the licensee shall, upon
reasonable notice and during ordinary
hours of business, grant officials of the
U.S. Department of Agriculture full

and complete access to the licensee’s
premises to inspect, audit or copy such
records.
§ 6.31 Debarment and suspension.
7 CFR part 3017—Governmentwide
Debarment and Suspension (Nonprocurement) and Government Requirements for Drug-Free Workplace
(Grants), Subparts A through E, applies to this subpart.
§ 6.32 Globalization of licenses.
If the Licensing Authority determines that entries of an article from a
country are likely to fall short of that
country’s allocated amount as indicated in Appendices 1, 2, and 3, the Licensing Authority may permit, with
the approval of the Office of the United
States Trade Representative, the applicable licensees to enter the remaining
balance or a portion thereof from any
country during that quota year. Requests for consideration of such adjustments must be submitted to the Licensing Authority no later than September 1. The Licensing Authority will
obtain prior consent for such an adjustment of licenses from the government
of the exporting country for quantities
in accordance with the Uruguay Round
commitment of the United States.
§ 6.33 License fee.
(a) A fee will be assessed each quota
year for each license to defray the Department’s costs of administering the
licensing system. To the extent practicable, the fee will be announced by
the Licensing Authority in a notice
published in the FEDERAL REGISTER no
later than August 31 of the year preceding the quota year for which the fee
is assessed.
(b) The license fee for each license
issued is due and payable in full by
mail or electronic submission, postmarked or electronically submitted in
accordance with § 6.36(b), no later than
May 1 of the year for which the license
is issued. The fee for any license issued
after May 1 of any quota year is due
and payable in full by mail or electronic submission, postmarked or electronically submitted in accordance
with § 6.36(b), no later than 30 days
from the date of issuance of the license. Fee payments, if made by mail,

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§ 6.34

7 CFR Subtitle A (1–1–11 Edition)

shall be made by certified check or
money order payable to the Treasurer
of the United States. Fee payments, if
made electronically, shall be made utilizing the electronic software designated for the purpose by the Licensing Authority.
(c) If the license fee is not paid by the
final payment date, a hold will be
placed on the use of the license and no
articles will be permitted entry under
that license. The Licensing Authority
shall send a warning letter by certified
mail, return receipt requested, advising
the licensee that if payment is not
mailed in accordance with § 6.36(b) or
received within 21 days from the date
of the letter, that the license will be
revoked. Where the license at issue is a
historical license, this will result, pursuant to § 6.23(b), in the person’s loss of
historical eligibility for such license.
(d) Licensees may elect not to accept
certain licenses issued to them; however, the Licensing Authority must be
so notified by mail or electronic email, postmarked or electronically
submitted in accordance with § 6.36(b)
no later than May 1 of the year for
which the license is issued.
[61 FR 53007, Oct. 9, 1996, as amended at 69 FR
59764, Oct. 6, 2004]

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§ 6.34 Adjustment of Appendices.
(a) Whenever a historical license (Appendix 1) is not issued to an applicant
pursuant to the provisions of § 6.23, is
permanently surrendered or is revoked
by the Licensing Authority, the
amount of such license will be transferred to Appendix 2.
(b) The cumulative annual transfers
to Appendix 2 made in accordance with
paragraph (a) will be published in the
FEDERAL REGISTER. If a transfer results
in the addition of a new article, or an
article from a country not previously
listed in Appendix 2, the Licensing Authority shall afford all eligible applicants for that quota year the opportunity to apply for a license for such
article.
§ 6.35 Correction of errors.
(a) If a person demonstrates, to the
satisfaction of the Licensing Authority, that errors were made by officers
or employees of the United States Government, the Licensing Authority will

review and rectify the errors to the extent permitted under this subpart.
(b) To be considered, a person must
provide sufficient documentation regarding the error to the Licensing Authority by letter, postmarked not later
than August 31 of the calendar year following the calendar year in which the
error was alleged to have been committed.
(c) If the error resulted in the loss of
a historical license by a license holder,
the Licensing Authority will transfer
the amount of such license from Appendix 2 to Appendix 1 in order to provide for the issuance of such license in
the calendar year following the calendar year for which the license was
revoked. The cumulative annual transfers to Appendix 1 in accordance with
this paragraph will be published in the
FEDERAL REGISTER.
[65 FR 1298, Jan. 10, 2000]

§ 6.36

Miscellaneous.

(a) If any deadline date in this subpart falls on a Saturday, Sunday or a
Federal holiday, then the deadline
shall be the next business day.
(b) All submissions required under
this subpart shall be made either by
registered or certified mail, return receipt requested, with a postmarked receipt, with proper postage affixed and
properly addressed to the Dairy Import
Licensing Group, STOP 1021, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington DC
20250–1021, or by electronic submission
utilizing the electronic software designated for this purpose by the Licensing Authority.
[61 FR 53007, Oct. 9, 1996. Redesignated at 65
FR 1298, Jan. 10, 2000; 69 FR 59764, Oct. 6,
2004]

§ 6.37 Supersedure of Import Regulation 1, Revision 7.
This subpart will supersede the provisions of Import Regulation 1, Revision
7 heretofore in effect (§§ 6.20 through
6.33 and appendices 1 through 3 as contained in 7 CFR subtitle A revised as of
January 1, 1996). With respect to any
violation of the provisions of that regulation by a licensee prior to the effective date hereof, the provisions of that
regulation will be deemed to continue

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Office of the Secretary, USDA

Pt. 6, Subpt., Apps. 1–3

in full force; however, the debarment
and suspension of § 6.31 of this subpart

shall apply with respect to any violation of that regulation.
[61 FR 53007, Oct. 9, 1996. Redesignated at 65
FR 1298, Jan. 10, 2000]

APPENDICES 1–3 TO SUBPART—DAIRY TARIFF-RATE IMPORT QUOTA LICENSING
ARTICLES SUBJECT TO: APPENDIX 1, HISTORICAL LICENSES; APPENDIX 2, NONHISTORICAL LICENSES;
AND APPENDIX 3, DESIGNATED IMPORTER LICENSES FOR QUOTA YEAR 2010
[Quantities in kilograms]
Article by Additional U.S. Note Number and
Country of Origin

Appendix 3
Appendix 1

Appendix 2
Tokyo Round

Uruguay Round

NON-CHEESE ARTICLES
BUTTER (NOTE 6) ...............................................
EU–25 .....................................................
New Zealand ...........................................
Other Countries ......................................
Any Country ............................................
DRIED SKIM MILK (NOTE 7) ...............................
Australia ..................................................
Canada ...................................................
Any Country ............................................
DRIED WHOLE MILK (NOTE 8) ..........................
New Zealand ...........................................
Any Country ............................................
DRIED BUTTERMILK/WHEY (NOTE 12) .............
Canada ...................................................
New Zealand ...........................................
BUTTER SUBSTITUTES CONTAINING OVER
45 PERCENT OF BUTTERFAT AND/OR BUTTER OIL (NOTE 14) ..........................................
Any Country ............................................

5,217,229
75,000
111,671
49,246
4,981,312
............................
............................
............................
............................
3,175
3,175
............................
11,000
............................
11,000

1,759,771
21,161
38,922
24,689
1,674,999
5,261,000
600,076
219,565
4,441,359
3,318,125
............................
3,318,125
213,981
161,161
52,820

............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................

............................
............................

6,080,500
6,080,500

............................
............................

TOTAL: NON-CHEESE ARTICLES .......

5,231,404

16,633,377

............................

22,649,216
7,690
535,628
1,013,777
............................
15,509,492
65,838
79,696
294,000
4,389,093
124,982
593,952
............................
100,906
............................

8,820,515
............................
5,542
127,223
............................
7,758,164
63,471
............................
............................
426,379
25,018
77,460
............................
100,729
300,000

9,661,128
92,310
758,830
............................
............................
1,132,568
223,691
593,304
29,000
6,506,528
............................
548,588
............................
............................
............................

2,283,647
2,000
2,281,646
............................
1

197,354
............................
197,354
............................
............................

............................
............................
............................
............................
............................

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CHEESE ARTICLES
CHEESE AND SUBSTITUTES FOR CHEESE
(EXCEPT: SOFT RIPENED COW’S MILK
CHEESE; CHEESE NOT CONTAINING
COW’S MILK; CHEESE (EXCEPT COTTAGE
CHEESE) CONTAINING 0.5 PERCENT OR
LESS BY WEIGHT OF BUTTERFAT; AND,
ARTICLES WITHIN THE SCOPE OF OTHER
IMPORT QUOTAS PROVIDED FOR IN THIS
SUBCHAPTER) (NOTE 16) ..............................
Argentina .................................................
Australia ..................................................
Canada ...................................................
Costa Rica ..............................................
EU–25 .....................................................
Of which Portugal is .................
Israel .......................................................
Iceland ....................................................
New Zealand ...........................................
Norway ....................................................
Switzerland .............................................
Uruguay ..................................................
Other Countries ......................................
Any Country ............................................
BLUE-MOLD CHEESE (EXCEPT STILTON
PRODUCED IN THE UNITED KINGDOM)
AND CHEESE AND SUBSTITUTES FOR
CHEESE CONTAINING, OR PROCESSED
FROM, BLUE-MOLD CHEESE (NOTE 17) ......
Argentina .................................................
EU–25 .....................................................
Chile ........................................................
Other Countries ......................................

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7,496,000
1,750,000
1,550,000
3,446,000

500,000
250,000

430,000
350,000
80,000

Pt. 6, Subpt., Apps. 1–3

7 CFR Subtitle A (1–1–11 Edition)

ARTICLES SUBJECT TO: APPENDIX 1, HISTORICAL LICENSES; APPENDIX 2, NONHISTORICAL LICENSES;
AND APPENDIX 3, DESIGNATED IMPORTER LICENSES FOR QUOTA YEAR 2010—Continued
[Quantities in kilograms]

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Article by Additional U.S. Note Number and
Country of Origin
CHEDDAR CHEESE, AND CHEESE AND SUBSTITUTES FOR CHEESE CONTAINING, OR
PROCESSED FROM, CHEDDAR CHEESE
(NOTE 18) .........................................................
Australia ..................................................
Chile ........................................................
EU–25 .....................................................
New Zealand ...........................................
Other Countries ......................................
Any Country ............................................
AMERICAN-TYPE
CHEESE,
INCLUDING
COLBY, WASHED CURD AND GRANULAR
CHEESE (BUT NOT INCLUDING CHEDDAR)
AND CHEESE AND SUBSTITUTES FOR
CHEESE CONTAINING OR PROCESSED
FROM SUCH AMERICAN-TYPE CHEESE
(NOTE 19) .........................................................
Australia ..................................................
EU–25 .....................................................
New Zealand ...........................................
Other Countries ......................................
EDAM AND GOUDA CHEESE, AND CHEESE
AND SUBSTITUTES FOR CHEESE CONTAINING, OR PROCESSED FROM, EDAM
AND GOUDA CHEESE (NOTE 20) ..................
Argentina .................................................
EU–25 .....................................................
Norway ....................................................
Other Countries ......................................
ITALIAN-TYPE CHEESES, MADE FROM COW’S
MILK, (ROMANO MADE FROM COW’S MILK,
REGGIANO,
PARMESAN,
PROVOLONE,
PROVOLETTI, SBRINZ, AND GOYA—NOT IN
ORIGINAL LOAVES) AND CHEESE AND
SUBSTITUTES FOR CHEESE CONTAINING,
OR PROCESSED FROM, SUCH ITALIANTYPE CHEESES, WHETHER OR NOT IN
ORIGINAL LOAVES (NOTE 21) .......................
Argentina .................................................
EU–25 .....................................................
Romania ..................................................
Uruguay ..................................................
Other Countries ......................................
SWISS OR EMMENTHALER CHEESE OTHER
THAN WITH EYE FORMATION, GRUYEREPROCESS CHEESE AND CHEESE AND
SUBSTITUTES FOR CHEESE CONTAINING,
OR PROCESSED FROM, SUCH CHEESES
(NOTE 22) .........................................................
EU–25 .....................................................
Switzerland .............................................
Other Countries ......................................
CHEESE AND SUBSTITUTES FOR CHEESE,
CONTAINING 0.5 PERCENT OR LESS BY
WEIGHT OF BUTTERFAT (EXCEPT ARTICLES WITHIN THE SCOPE OF OTHER TARIFF-RATE QUOTAS PROVIDED FOR IN THIS
SUBCHAPTER), AND MARGARINE CHEESE
(NOTE 23) .........................................................
EU–25 .....................................................
Israel .......................................................
New Zealand ...........................................
Other Countries ......................................
SWISS OR EMMENTHALER CHEESE WITH
EYE FORMATION (NOTE 25) ..........................
Argentina .................................................
Australia ..................................................
Canada ...................................................

Appendix 3
Appendix 1

Appendix 2
Tokyo Round

Uruguay Round

3,566,716
893,583
............................
52,404
2,520,800
99,929
............................

717,140
90,916
............................
210,596
275,668
39,960
100,000

519,033
215,501
............................
............................
303,532
............................
............................

2,625,401
771,134
64,077
1,639,549
150,641

540,152
109,864
289,923
122,450
17,915

357,003
119,002
............................
238,001
............................

5,104,403
110,495
4,878,638
114,318
952

501,999
14,505
410,362
52,682
24,450

............................
............................
............................
............................
............................

1,210,000
110,000
1,100,000

6,411,744
3,915,276
2,496,468
............................
............................
............................

1,108,803
210,207
885,532
............................
............................
13,064

795,517
367,517
............................
............................
428,000
............................

5,165,000
1,890,000
2,025,000
500,000
750,000

5,322,872
4,053,682
1,235,692
33,498

1,328,442
1,098,312
183,795
46,335

823,519
393,006
430,513
............................

380,000
380,000

1,134,195
1,134,194
............................
............................
1

3,290,723
3,290,723
............................
............................
............................

1,050,000
............................
50,000
1,000,000
............................

15,953,229
............................
209,698
............................

6,344,102
9,115
............................
............................

9,557,945
70,885
290,302
70,000

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7,620,000
1,250,000
220,000
1,050,000
5,100,000

2,620,000

Office of the Secretary, USDA

§ 6.41

ARTICLES SUBJECT TO: APPENDIX 1, HISTORICAL LICENSES; APPENDIX 2, NONHISTORICAL LICENSES;
AND APPENDIX 3, DESIGNATED IMPORTER LICENSES FOR QUOTA YEAR 2010—Continued
[Quantities in kilograms]
Article by Additional U.S. Note Number and
Country of Origin

Appendix 3
Appendix 1

Appendix 2
Tokyo Round

Uruguay Round

EU–25 .....................................................
Iceland ....................................................
Israel .......................................................
Norway ....................................................
Switzerland .............................................
Other Countries ......................................

11,160,390
149,999
27,000
3,181,685
1,178,377
46,080

5,316,438
............................
............................
473,625
505,728
39,196

4,003,172
150,001
............................
3,227,690
1,745,895
............................

2,420,000

TOTAL: CHEESE ARTICLES ..

65,051,423

22,849,230

22,764,145

24,921,000

TOTAL: NON–CHEESE ARTICLES .....................................

5,231,404

16,633,377

............................

TOTAL: CHEESE ARTICLES &
NON–CHEESE ARTICLES ..

70,282,827

39,482,607

............................

200,000

............................

[75 FR 53565, Sept. 1, 2010]

Subpart—Price-Undercutting
of
Domestic Cheese by Quota
Cheeses
AUTHORITY: Sec. 702, Pub. L. 96–39, 93 Stat.
144, 19 U.S.C. 1202 note.
SOURCE: 45 FR 9883, Feb. 13, 1980, unless
otherwise noted.

§ 6.40

General.

This subpart sets forth the procedures applicable to the determination
by the Secretary of Agriculture as to
whether the price at which any article
of quota cheese is being offered for sale
in the United States on a duty-paid
wholesale basis is less than the domestic wholesale market price of similar
articles produced in the United States
(i.e., price-undercutting) in accordance
with section 702 of the Trade Agreements Act of 1979 (Pub. L. 96–39, 93
Stat. 144, 19 U.S.C. 1202 note) (hereinafter referred to as the Act).

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§ 6.41

Definitions.

(a) Complainant means the person
who has filed with the Investigating
Authority, in accordance with the procedures set forth in this subpart, a
written complaint alleging that priceundercutting is occurring.
(b) Country of origin means the country, as defined in 19 CFR 134.1(b), in
which the quota article subject to this

regulation was produced or manufactured.
(c) Foreign government means the government of the country of origin or, for
purposes of determining whether a subsidy has been provided for the member
states of the European Economic Community, the subsidy granting bodies of
the European Economic Community.
(d) Investigating Authority means the
Director, Dairy, Livestock and Poultry
Division, Commodity Programs, Foreign Agricultural Service.
(e) Quota cheese means the articles
provided for in the following items of
the Tariff Schedules of the United
States:
117.00 (except Stilton produced in the
United Kingdom);
117.05 (except Stilton produced in the
United Kingdom);
117.15;
117.20;
117.25;
117.42;
117.44;
117.55;
117.60 (except Gammelost and Nokkelost);
117.75 (except goat’s milk cheeses and softripened cow’s milk cheeses);
117.81;
117.86;
117.88 (except goat’s milk cheeses and softripened cow’s milk cheeses);

(f) Secretary means the Secretary of
Agriculture.
(g) Subsidy has the same meaning as
such term has in section 771(5) of the

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