not, through any subterfuge or device whatsoever, reduce the wage rates to laborers below those determined above. (3) Nothing in this section shall be construed to mean that a producer may qualify for a payment under the said act who has not paid in full the amount agreed upon between the producer and the laborer. (Sec. 301, 50 Stat. 909; 7 U.S.C., Sup., 1131) [S.D. 64, Feb. 25, 1939; 4 F.R. 1028] § 802.46 Determination of proportionate shares for sugarcane producers in Puerto Rico for the crop years 1938 and 1939. (2) Any grower who, under the said determination, received a 1938 proportionate share of less than 15 tons of sugar, raw value, shall be entitled, upon proper application, to increase his 1938 base to an amount equal to his 1938 production, as determined by the Secretary, but in no event shall such base be more than 15 tons of sugar. (3) Those growers who would have been entitled to an allotment under the 1935-36 production adjustment program if they had been producing sugar in those years, and who have sugarcane under cultivation in 1939, shall, upon proper application, be entitled to a 1938 base equal to: (1) 33 percent of the best option available to such grower under the said 1935-36 production adjustment program, or (ii) The lesser of either: 15 tons of sugar, or The number of short tons of sugar obtained by multiplying the number of acres of sugarcane growing in 1939 by 3. The option made available under this paragraph shall lapse if no part of the 1940 proportionate share resulting therefrom is filled during the crop As amended by S.D. 55 (Rev.) year 1940. Feb. 14, 1939; 4 F.R. 900] [Preceding paragraph, in small type, superseded by following paragraph during period covered by this Supplement] § 802.46 Determination of proportionate shares for sugarcane producers in Puerto Rico for the crop years 1938 and 1939. (b) (1) The 1939 proportionate share shall be calculated in terms of short tons of sugar, 96° basis, by multiplying the 1938 base (as defined in paragraph (a), or as may be established pursuant to the provisions of subparagraphs (2) and (3) of this paragraph) of each grower by a fraction whose numerator shall be 845,739 and whose denominator shall be the sum of all the 1938 bases. The raw value equivalent of such quantity of 96° sugar shall constitute the 1939 proportionate share. (2) Any grower who, under the said determination, received a 1938 proportionate share of less than 15 tons of sugar, shall be entitled, upon proper application, to increase his 1938 base to an amount equal to his 1938 production, as determined by the Secretary, but in no event shall such base be more than 15 tons of sugar. (3) Those growers who would have been entitled to an allotment under the 1935-36 production adjustment program if they had been producing sugar in those years, and who have sugarcane under cultivation in 1939, shall, upon proper application, be entitled to a 1938 base equal to: (i) 33 percent of the best option available to such grower under the said 1935-36 production adjustment program, or (ii) The lesser of either: 15 tons of sugar, or The number of short tons of sugar obtained by multiplying the number of acres of sugarcane growing in 1939 by 3. The option made available under this paragraph shall lapse if no part of the 1940 proportionate share resulting therefrom is filled during the crop year 1940. [As amended by S.D. 55 (Rev.), Apr. 4, 1939; 4 F.R. 1444] § 802.46a shares for sugarcane producers in Puerto Rico Determination of proportionate for the crop year 1940. The proportionate shares for sugarcane producers in Puerto Rico for the crop year 1940 shall be established on the following bases: (a) Old growers. For a producer for whom a 1939 proportionate share is established, pursuant to the provisions of § 802.46, such proportionate share shall constitute his 1939 base and his proportionate share for the 1940 crop year shall be calculated in terms of short tons of sugar, 96° basis, converted to raw value, by multiplying such 1939 base by a fraction whose numerator shall be the sum of the initial sugar quotas established for suant to sections 201 and 203 of the Sugar Puerto Rico for the calendar year 1940, purAct of 1937, plus (or minus) such adjustment as may be required to provide a normal carryover inventory for Puerto Rico, pursuant to section 302 (a) of the said Act, and whose denominator shall be the total of all such 1939 bases, plus the total of the 1939 bases determined for new growers as provided in subparagraphs (2) and (3) of paragraph (b) of this section. (d) Tenant and share-cropper protection. In addition to the foregoing, the following conditions shall be met: (1) That no change shall have been made in the leasing or cropping agreements for the purpose of, or which shall have the effect of, diverting to any producer any payment to which tenants or share-croppers would be entitled if the 1939 leasing or cropping agreements were in effect. (2) That there shall have been no interference by any producer with contracts heretofore entered into by tenants or share-croppers for the sale of their sugarcane. (b) New growers. (1) A new grower (producer) for the 1940 crop year shall be the person who is the legal owner of the sugarcane crop grown on land for which a 1939 proportionate share was not established pursuant to the provisions of § 802.46: Provided, however, That a producer for whom a 1939 (e) Designation of agent. The Chief, or the proportionate share is established pursuant Acting Chief, of the Sugar Division of the to § 802.46 and who grows sugarcane on land Department of Agriculture, and the Officer covered by a 1939 proportionate share, but in Charge of the San Juan office of the Agrifrom which no sugarcane was harvested dur-cultural Adjustment Administration, or the ing any of the crop years 1931, 1932, 1934, or Acting Officer in Charge thereof, are hereby any subsequent year, may be considered as designated to act, jointly or severally, as a new grower for 1940 with respect to such agents of the Secretary of Agriculture in adnew production, and as such shall be en- ministering the provisions of this section. (Sec. 302, 50 Stat. 910; 7 U.S.C., Sup., 1132) As amended by S.D. 55 (Rev.), Feb. 14, 1939; 4 FR. 901] titled to increase his 1939 base in accordance with the provisions of subparagraphs (2) and (3) of this paragraph; And provided, further, That plantings for any of the foregoing types of new production shall have been completed on or before December 31, 1938. (2) For a producer for whom a 1939 proportionate share is not established under paragraph (a) of this section, and whose 1940 production, as estimated by the Secretary of Agriculture, is 15 tons of sugar, or less, such new production shall constitute his 1939 base, and the 1940 proportionate share of such producer shall be calculated, in terms of short tons of sugar, 96° basis, converted to raw value, by adjusting his 1939 base in the manner specified in paragraph (a) of this section. (3) For a producer for whom a 1939 proportionate share is not established under paragraph (a) of this section, and whose current production, as estimated by the Secretary of Agriculture is more than 15 tons of sugar, the 1940 proportionate share shall be calculated in the manner specified in paragraph (a) of this section from a base determined as follows: Fifteen tons, plus an amount determined by multiplying the first ton of such estimated production in excess of 15 tons by 98 percent, and thereafter by multiplying each successive ton by a percentage figure which shall be progressively reduced by 2 percent for every such ton. (4) In the event that a producer wishes to be considered as a new grower for 1940, application must be made at such time and in such manner as may be prescribed by the Secretary of Agriculture. (c) Proration of unfilled portions. In the event that a proportionate share for 1940, established in accordance with the foregoing provisions of this section is not filled, the unfilled portion thereof shall be prorated, on the basis of the proportionate shares then in effect, among all of the producers within the same mill area who are able to supply such unfilled portion. [Preceding section, in small type, superseded by following section during period covered by this Supplement] § 802.46a Determination of proportionate shares for sugarcane producers in Puerto Rico for the crop year 1940. The proportionate shares for sugarcane producers in Puerto Rico for the crop year 1940 shall be established on the following bases: (a) Old growers. For a producer for whom a 1939 proportionate share is established, pursuant to the provisions of $ 802.46, such proportionate share in terms of 96° sugar shall constitute his 1939 base and his proportionate share for the 1940 crop year shall be calculated in terms of short tons of sugar, 96° basis, by multiplying such 1939 base by a fraction whose numerator shall be the sum of the initial sugar quotas established for Puerto Rico for the calendar year 1940, pursuant to sections 201 and 203 of the Sugar Act of 1937, plus (or minus) such adjustment as may be required to provide a normal carry-over inventory for Puerto Rico, pursuant to section 302 (a) of the said Act, and whose denominator shall be the total of all such 1939 bases, plus the total of the 1939 bases determined for new growers as provided in paragraph (b) (2) and (3) of this section. The raw value equivalent of such quantity of 96° sugar shall constitute the 1940 proportionate share. (b) New growers. (1) A new grower (producer) for the 1940 crop year shall be the person who is the legal owner of the sugarcane crop grown on land for which a 1939 proportionate share was not established pursuant to the provisions of § 802.46: Provided, however, That a producer for whom a 1939 proportionate share is established pursuant to § 802.46 and who grows sugarcane on land covered by a 1939 proportionate share, but from which no sugarcane was harvested during any of the crop years 1931, 1932, 1934, or any subsequent year, may be considered as a new grower for 1940 with respect to such new production, and as such shall be entitled to increase his 1939 base in accordance with the provisions of subparagraphs (2) and (3) of this paragraph; And provided, further, That plantings for any of the foregoing types of new production shall have been completed on or before December 31, 1938. (2) For a producer for whom a 1939 proportionate share is not established under paragraph (a) of this section, and whose 1940 production, as estimated by the Secretary of Agriculture, is 15 tons of sugar, or less, such new production shall constitute his 1939 base, and the 1940 proportionate share of such producer shall be calculated by adjusting his 1939 base in the manner specified in paragraph (a) of this section. (3) For a producer for whom a 1939 proportionate share is not established under paragraph (a) of this section, and whose current production, as estimated by the Secretary of Agriculture, is more than 15 tons of sugar, the 1940 proportionate share shall be calculated in the manner specified in paragraph (a) of this section from a base determined as follows: Fifteen tons, plus an amount determined by multiplying the first ton of such estimated production in excess of 15 tons by 98 percent, and thereafter by multiplying each successive ton by a percentage figure which shall be progressively reduced by 2 percent for every such ton. (4) In the event that a producer wishes to be considered as a new grower for 1940, application must be made at such time and in such manner as may be prescribed by the Secretary of Agriculture. (c) Proration of unfilled portions. In the event that a proportionate share for 1940, established in accordance with the foregoing provisions of this section is not filled, the unfilled portion thereof shall be prorated, on the basis of the proportionate shares then in effect, among all of the producers within the same mill area who are able to supply such unfilled portion. (d) Tenant and share-cropper protection. In addition to the foregoing, the following conditions shall be met: (1) That no change shall have been made in the leasing or cropping agreements for the purpose of, or which shall have the effect of, diverting to any producer any payment to which tenants or share-croppers would be entitled if the 1939 leasing or cropping agreements were in effect. terference by any producer with contracts heretofore entered into by tenants or share-croppers for the sale of their (2) That there shall have been no in sugarcane. (e) Designation of agent. The Chief, or the Acting Chief, of the Sugar Division the Officer in Charge of the San Juan of the Department of Agriculture, and office of the Agricultural Adjustment Administration, or the Acting Officer in Charge thereof, are hereby designated to act, jointly or severally, as agents of the Secretary of Agriculture in administering the provisions of this section. (Sec. 302, 50 Stat. 910; 7 U.S.C., Sup., 1132) [As amended by S.D. 55 (Rev.), Apr. 4, 1939; 4 F.R. 1444] PART 821-SUGAR MARKETING Sugar Consumption Requirements and § 821.21 Consumption requirements for 1939. It is hereby determined, pursuant to section 201 of the Sugar Act of 1937 (hereinafter referred to as the "Act"), that the amount of sugar needed to meet the requirements of consumers in the continental United States for the calendar year 1939 is 6,755,386 short tons of sugar, raw value. (Sec. 201, 50 Stat. 904; 7 U.S.C., Sup., 1111) [Sec. 1, G.S.Q.R., Series 6, No. 1, Rev. 1, Mar. 31, 1939; 4 F.R. 1412] (Sec. 202, 50 Stat. 905; 7 U.S.C., Sup., 1112) [Sec. 2, G.S.Q.R., Series 6, No. 1, Rev. 1, Mar. 31, 1939; 4 F.R. 1412] § 821.23 Other quotas-(a) Revised quotas. There are hereby established, pursuant to section 202 of the said Act, for foreign countries and the Commonwealth of the Philippine Islands, for the calendar year 1939, the following quotas: Quotas in terms of short tons, raw value Commonwealth of the Philippine Islands 1,041, 023 1, 932, 343 26, 701 Area Cuba.. Foreign countries other than (b) Deficit in quota for Commonwealth of Philippine Islands. It is hereby determined, pursuant to subsection (a) of section 204 of the said Act, that for the calendar year 1939 the Commonwealth of the Philippine Islands will be unable, by an amount of 118,222,000 pounds of sugar, raw value, to market the quota established for that area in paragraph (a) of this section. (Secs. 202, 204, 50 Stat. 905; 7 U.S.C., Sup., 1112, 1114) [Sec. 3, G.S.Q.R., Series 6, No. 1, Rev. 1, Mar. 31, 1939, as amended by Supp. 1, July 7, 1939; 4 F.R. 1412, 2912] NOTE: Paragraph (b) of this section was added by Supp. 1, July 7, 1939; 4 FR. 2912. § 821.24 Proration of quota for foreign countries other than Cuba-(a) Revised prorations. The quota for foreign countries other than Cuba is hereby prorated, pursuant to section 202 of the said Act, among such countries as follows: Netherlands Nicaragua United Kingdom_ Sub-total_. Unallotted reserve. Total... Prorations in pounds 22, 033 281, 649 7, 133, 147 226, 114 7 187 125 358, 238 985, 833 3, 671, 753 1,874 4, 288 6, 452, 184 233, 046 10,933, 214 11, 888, 543 8,780, 522 375, 102 310, 209 52, 902, 000 500, 000 53, 402,000 of sugar equal to the deficit determined (b) Additional prorations. An amount in § 821.23 (b) is hereby prorated, pursuant to subsection (a) of section 204 of the said Act, to foreign countries other than Cuba as follows: Country Argentina British Malaya_ China & Hongkong- Haiti, Republic of.. Mexico Netherlands Nicaragua United Kingdom_ Total (Secs. 202, 204, 50 Sup., 1112, 1114) Additional prorations (in terms of pounds, raw value) 34, 844 487 703, 533 2, 861 63 1,348, 708 688, 726 639 49, 238 629, 411 15,940, 700 505, 305 16 418 279 800, 567 2, 203, 076 8, 205, 398 4, 188 9, 583 14, 418, 927 520, 796 24, 432, 846 26, 567, 754 19, 622, 148 838, 254 693, 235 118, 222, 000 Stat. 905; 7 U.S.C., [Sec. 4, G.S.Q.R., Series 6, No. 1, Rev. 1, Mar. 31, 1939, as amended by Supp. 1, July 7, 1939; 4 F.R. 1412, 2912] NOTE: Paragraph (b) of this section was added by Supp. 1, July 7, 1939; 4 F.R. 2913. § 821.25 Direct consumption portion | eign commerce, any sugar or liquid sugar of quotas-(a) Domestic areas. The produced from sugar beets or sugarcane quotas established in § 821.22 for the following listed areas may be filled by direct consumption sugar not in excess of the following amount for each such area: Area Amount of direct consumption raw value Commonwealth of the Philippine Cuba grown in either the domestic beet sugar area or the mainland cane sugar area after the quota for such area has been filled. (Sec. 209, 50 Stat. 908; 7 U.S.C., Sup., 1119) [Sec. 7, G.S.Q.R., Series 6, No. 1, Rev. 1, Mar. 31, 1939; 4 F.R. 1413] § 821.28 Inapplicability of quota regulations. Sections 821.21-821.27 shall not apply to (a) the first 10 tons, raw value, of sugar or liquid sugar imported from any foreign country, other than Cuba; (b) the first 10 tons, raw value, of sugar or liquid sugar imported from any foreign country, other than Cuba, for religious, sacramental, educational, or ex sugar in terms of short tons,perimental purposes; (c) liquid sugar imported from any foreign country, other than Cuba, in individual sealed 80, 214 containers not in excess of one and 375,000 one-tenth gallons each; or (d) any (Sec. 207, 50 Stat. 907; 7 U.S.C., Sup., sugar or liquid sugar imported, bought 1117) [Sec. 5, G.S.Q.R., Series 6, No. 1, into, or produced or manufactured in, Rev. 1, Mar. 31, 1939; 4 F.R. 1412] the United States for the distillation of alcohol, or for livestock feed, or for the production of livestock feed. (Sec. 212, 8, G.S.Q.R., Series 6, No. 1, Rev. 1, Mar. 50 Stat. 909; 7 U.S.C., Sup., 1122) [Sec. 31, 1939; 4 F.R. 1413] § 821.26 Liquid sugar quotas. There are hereby established, pursuant to section 208 of the said Act, for foreign countries, for the calendar year 1939, quotas for liquid sugar as follows: Allotment of Direct Consumption Portion of 1939 Sugar Quota for Puerto Rico § 821.33 Original allotments. The di0 rect-consumption portion of the 1939 sugar quota for Puerto Rico (126,033 short tons, raw value) is hereby allotted to the following processors in the amounts which appear opposite their respective names: (Sec. 208, 50 Stat. 908; 7 U.S.C., Sup., 1118) [Sec. 6, G.S.Q.R., Series 6, No. 1, Rev. 1, Mar. 31, 1939; 4 F.R. 1413] Direct-consumption allotment (short tons, raw value) Name of processor 86, 714 3,749 33 4,827 8,851 11, 972 1, 668 2,507 § 821.27 Restrictions on marketing and shipment. (a) For the calendar year 1939, all persons are hereby forbidden, pursuant to section 209 of the said Act, from bringing or importing into the continental United States from the Territory of Hawaii, Puerto Rico, the Virgin Islands, the Commonwealth of the Philippine Islands, or any foreign country, any sugar or liquid sugar after the quota for such area, or the proration of any such quota, has been filled. (b) For the calendar year 1939, all persons are hereby forbidden, pursuant to section 209 of the said Act, from shipping, transporting or marketing in interstate commerce, or in competition with (Sec. 205, 50 Stat. 906; 7 U.S.C., Sup., sugar or liquid sugar shipped, trans- 1115) [Puerto Rico Sugar Order 13, Jan. ported, or marketed in interstate or for-5, 1939; 4 F.R. 59, 1001 San Francisco. Unallotted reserve for marketings of 120, 321 5,712 126, 033 |