PROCLAMATION 6763—DEC. 23, 1994 109 STAT. 1119 Annex (con.) -7 0- - Se ctio n A. (cont inued) (32)(c). (con.): 3. For the purposes of this schedule, the term "articles containing over 10 percent by dry weight of sugar descri bed in additional U. S. note 3 to chapter 17 " means articles cont aining over 1 0 perce nt by dr y weight of sugars derived from sugar cane or liugar beets, whether or not mixed with other ingredients, except (a) articles not principally of crystialUne structure or not in dry amorphous form, the foregoing that are prepared for marketing to the ultimate consuner in the identical form and package in which imported; (b) b lended sy rups contai ning sugars deri ved from sugar cane o r sugar be ets, ca pable o f bei ng further processed or mixed with similar or other ingredients, and not prepared for marketing to the ultimate consimer in the identical form and laackage in which imported; (c) articles containing over 65 percent by dry weight of sugars derived from sugar cane or sugar beets, whether or not mixed with other ingre dients, ca pable o f being further proce ssed o r m ixed w i t h similar or other ingr edients, and not prepared for marketing to the ultimate consuDer in the identical form and package in which imported; or ( d) c ake decor ation s and similar produc ts to be used i n th e same con dition as imported without any further processing other than the direct application to individual pastries or confections, finely ground or masticated coconut meat or juice thereof mixed with those sugars, and sauces and preparations there for. 4. For the purposes of this schedule, the term "blended syrups described in additional U.S. note 4 to chapter 17" means blended syrups containing sugars derived from sugar cane or sugar beets, capable of being further processed or mixed with similar or other ingredients, and not prepared for marketing to the ultimate consumer in the identical form and package in which imported. 5. (a)(i) Except as provided in this subdivision, the aggregate quantity of sugars, syrups and mola sses entered under subhea dings 1701. 11.10, 1701.1 2.10, 1701.91.10, 1 701.9 9.10, 1702.90.10 and 2106.90.44 durirtg the period from January 1 through September 30, 1995, inclusive, shall not exceed the remaining quantity available, if any, of the total quota amount previo usly established, o r subs equently modif ied, by t he Secretary o f Agriculture, plus 8,000 metric tons, raw value, of refined sugars which are originating goods of Canada. Therea fter, the a ggrega te quantity o f r a w cane sugar entered, o r w ithdra wn from ware house for consurption, under subheading 1701.11.10, during any fiscal year, shall not exceed in the aggregate an amount (expreE>sed in terms of raw value), not less than 1,117,195 metric tons, as shall be established by the Secretary of Agriculture (hereinafter referred to as "the Secretary "), and the aggr egate quantity o f su gars, syr ups and mola sses entered, or withdr awn from wa rehous e for cons unptio n, under sub headi ngs 1701.12.1 0, 170 1.91. 10, 1701.99.10, 1702.90.10 and 2106.90.44, during any fiscal year, shall not exceed in the aggregate an amount (expressed in terms of raw value), not less than 22,000 metric tons, as shall be established by the Secretary. Uith either the aggregate quantity for raw cane sugar or the aggregate quantity for sugars, syrups and molasses other than raw cane sugar, the Secretary may reserve a quotadjustment quantity and a quota quantity for the importation of specialty sugars as defined by the United States Trade Representative. • (ii) Whenever the Secretary believes that domestic supplies of sugars may be inadequate to meet d omestic deman d a t rea sonable pr ices, the Secretary may m odify any q uant itat ive lim itations which have previously been established under this note but may not reduce the total amounts below the amounts provided for in subdivision (i) hereof. (i ii) The Secretary shall inform the Secretary of the Treasury of any determination made under this note. Notice of such determinations shall be published in the Federal Register. (i v) Sugar entering the United States during a quota period established under this note may be charged to the previous or subsequent quota period with the written approval of the Secretary.
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