equal to the deficit so determined to the other such areas, on the basis of the quotas then in effect. Any portion of such sugar which the Secretary determines cannot be supplied by domestic areas and Cuba shall be prorated to foreign countries other than Cuba on the basis of the prorations of the quota then in effect for such foreign countries. If the Secretary finds that the Commonwealth of the Philippine Islands will be unable to market the quota for such area for the calendar year then current, he shall revise the quota for foreign countries other than Cuba by prorating an amount of sugar equal to the deficit so determined to such foreign countries, on the basis of the prorations of the quota then in effect for such countries: Provided, however, That the quota for any domestic area, the Commonwealth of the Philippine Islands, or Cuba or other foreign countries, shall not be reduced by reason of any determination made pursuant to the provisions of this subsection.

(b) Foreign productive deficiency.-If, on the 1st day of September in any calendar year, any part or all of the proration to any foreign country of the quota in effect on the 1st day of July in the same calendar year for foreign countries other than Cuba, has not been filled, the Secretary may revise the proration of such quota among such foreign countries, by prorating an amount of sugar equal to such unfilled proration to all other such foreign countries which have filled their prorations of such quota by such date, on the basis of the prorations then in effect. (Sept. 1, 1937, ch. 898, title II, § 204, 50 Stat. 905.)

§ 1115. Allotments of quotas or prorations-(a) Authoriation; method; modification. Whenever the Secretary finds that the allotment of any quota, or proration thereof, established for any area pursuant to the provisions of this chapter, is necessary to assure an orderly and adequate flow of sugar or liquid sugar in the channels of interstate or foreign commerce, or to prevent disorderly marketing or importation of sugar or liquid sugar, or to maintain a continuous and stable supply of sugar or liquid sugar, or to afford all interested persons an equitable opportunity to market sugar or liquid sugar within any area's quota, after such hearing and upon such notice as he may by regulations prescribe, he shall make allotments of such quota or proration thereof by allotting to persons who market or import sugar or liquid sugar, for such periods as he may designate, the quantities of sugar or liquid sugar which each such person may market in continental United States, the Territory of Hawaii, or Puerto Rico, or may import or bring into continental United States, for consumption therein. Allotments shall be made in such manner and in such amounts as to provide a fair, efficient, and equitable distribution of such quota or proration thereof, by taking into consideration the processings of sugar or liquid sugar from sugar beets or sugarcane to which proportionate shares, determined pursuant to the provisions of subsection (b) of section 1132 of this title, pertained; the past marketings or importations of each such person; or the ability of such person to market or import that portion of such quota or proration thereof allotted to him. The Secretary may also, upon such hearing and notice as he may

by regulations prescribe, revise or amend any such allotment upon the same basis as the initial allotment was made.

(b) Appeal to courts; grounds.-An appeal may be taken, in the manner hereinafter provided, from any decision making such allotments, or revision thereof, to the United States Court of Appeals for the District of Columbia in any of the following cases: (1) By any applicant for an allotment whose application shall have been denied.

(2) By any person aggrieved by reason of any decision of the Secretary granting or revising any allotment made to him.

(c) Same; initial procedure.-Such appeal shall be taken by filing with said court within twenty days after the decision complained of is effective, notice in writing of said appeal and a statement of the reasons therefor, together with proof of service of a true copy of said notice and statement upon the Secretary. Unless a later date is specified by the Secretary as part of his decision, the decision complained of shall be considered to be effective as of the date on which public announcement of the decision is made at the office of the Secretary in the city of Washington. The Secretary shall thereupon, and in any event not later than ten days. from the date of such service upon him, mail or otherwise deliver a copy of said notice of appeal to each person shown by the records of the Secretary to be interested in such appeal and to have a right to intervene therein under the provisions of this section, and shall at all times thereafter permit any such person to inspect and make copies of appellants' reasons for said appeal at the office of the Secretary in the city of Washington. Within thirty days after the filing of said appeal the Secretary shall file with the court the originals or certified copies of all papers and evidence presented to him upon the hearing involved and also a like copy of his decision thereon and shall within thirty days thereafter file a full statement in writing of the facts and grounds for his decision as found and given by him and a list of all interested persons to whom he has mailed or otherwise delivered a copy of said notice of appeal.

(d) Same; intervention. Within thirty days after the filing of said appeal any interested person may intervene and participate in the proceedings had upon said appeal by filing with the court a notice of intention to intervene and a verified statement showing the nature of the interest of such party together with proof of service of true copies of said notice and statement, both upon the appellant and upon the Secretary. Any person who would be aggrieved or whose interests would be adversely affected by reversal or modification of the decision of the Secretary complained of shall be considered an interested party.

(e) Same; hearing; review. At the earliest convenient time the court shall hear and determine the appeal upon the record before it, and shall have power, upon such record, to enter a judgment affirming or reversing the decision, and if it enters an order reversing the decision of the Secretary it shall remand the case to the Secretary to carry out the judgment of the court: Provided, however, That the review by the court shall be limited to questions of law and that findings of fact by the Secretary, if

supported by substantial evidence, shall be conclusive unless it shall clearly appear that the findings of the Secretary are arbitrary or capricious. The court's judgments shall be final, subject, however, to review by the Supreme Court of the United States, upon writ of certiorari on petition therefor, under section 347 of Title 28, as amended, by appellant, by the Secretary, or by any interested party intervening in the appeal.

(f) Same; costs.-The court may, in its discretion, enter judgment for costs in favor of or against an appellant, and other interested parties intervening in said appeal, but not against the Secretary, depending upon the nature of the issues involved in such appeal and the outcome thereof.

(g) Philippine allotments.-The Government of the Commonwealth of the Philippine Islands shall make allotments of any quota established for it pursuant to the provisions of this chapter on the basis specified in section 1236 (d) of Title 48. (Sept. 1, 1937, ch. 898, title II, § 205, 50 Stat. 906.)

CROSS REFERENCE

Delegation of regulatory functions of Secretary of Agriculture, see section 516a et seq. of Title 5, Executive Departments and Government Officers and Employees.

§ 1116. Temporary quotas.

Section, act Sept. 1, 1937, ch. 898, title II, § 206, 50 Stat. 907, provided temporary sugar quotas until quotas for calendar year 1937 could be estalished, which was to be within sixty days after enactment of section.

§ 1117. Amount of quota to be filled by direct-consumption— (a) Hawaii.-Not more than twenty-nine thousand six hundred and sixteen short tons, raw value, of the quota for Hawaii for each of the calendar years 1937, 1938, and 1939 may be filled by direct-consumption sugar; and not more than four thousand nine hundred and thirty-six short tons, raw value, of the quota for Hawaii for the calendar year 1940 may be filled, during the first two months of such year, by direct-consumption sugar. This subsection is hereby extended so that not more than twenty-nine thousand six hundred and sixteen short tons, raw value, of the quota for Hawaii for any calendar year may be filled by directconsumption sugar: Provided, however, That the amount of said quota which may be filled by direct-consumption sugar for the calendar year 1940 shall not be less than the quantity of directconsumption sugar from Hawaii actually brought into the continental United States, for consumption therein, after December 31, 1939, and up to and including October 15, 1940.

(b) Puerto Rico.-Not more than one hundred and twenty-six thousand and thirty-three short tons, raw value, of the quota for Puerto Rico for each of the calendar years 1937, 1938, and 1939 may be filled by direct-consumption sugar; and not more than twenty-one thousand and six short tons, raw value, of the quota for Puerto Rico for the calendar year 1940 may be filled, during the first two months of such year, by direct-consumption sugar. This subsection is hereby extended so that not more than one hundred and twenty-six thousand and thirty-three short tons, raw value, of the quota for Puerto Rico for any calendar year may

be filled by direct-consumption sugar: Provided, however, That the amount of said quota which may be filled by direct-consumption sugar for the calendar year 1940 shall not be less than the quantity of direct-consumption sugar from Puerto Rico actually brought into the continental United States, for consumption therein, after December 31, 1939, and up to and including October 15, 1940:

(c) Virgin Islands.-None of the quota for the Virgin Islands for any calendar year may be filled by direct-consumption sugar. (d) Philippine Islands.-Not more than eighty thousand two hundred and fourteen short tons, raw value, of the quota for the Commonwealth of the Philippine Islands for any calendar year may be filled by direct-consumption sugar.

(e) Cuba.-Not more than three hundred and seventy-five thousand short tons raw value of the quota for Cuba for any calendar year may be filled by direct-consumption sugar.

(f) Hawaiian and Puerto Rican local consumption. This section shall not apply with respect to the quotas established under section 1113 of this title for marketing for local consumption in Hawaii and Puerto Rico. (Sept. 1, 1937, ch. 898, title II, § 207, 50 Stat. 907; Oct. 15, 1940, ch. 887, §§ 4, 5, 54 Stat. 1178.)

§ 1118. Liquid sugar foreign quotas.-Quotas for liquid sugar for foreign countries for each calendar year are hereby established as follows:

Country

Cuba.......

Dominican Republic...
Other foreign countries..

In terms of wine gallons of 72% total sugar content

7,970,558 830,894 0

(Sept. 1, 1937, ch. 898, title II, § 208, 50 Stat. 908.) Section as originally enacted contained a paragraph affecting the liquid sugar foreign quotas for calendar year 1937.

§ 1119. Prohibited acts.-All persons are hereby prohibited(a) Importation in excess of foreign quotas. From bringing or importing into the continental United States from the Terrich of Hawaii, Puerto Rico, the Virgin Islands, the Comm of the Philippine Islands, or foreign countries, any s sugar after the quota for such area, or the pror From shipquota, has been filled; ecommerce, or in (b) Transportation in excess of dopped, transported, or ping, transporting, or marketing merce, any sugar or liquid competition with sugar or liqus or sugarcane grown in either marketed in interstate oreh or the mainland-cane-sugar area sugar produced from, area has been filled;

the domestic-beek Hawaii and Puerto Rico in excess of quotas after the quot marketing in either the Territory of Hawaii or (c) Ma therefICO, for consumption therein, any sugar or liquid sugar Par the quota therefor has been filled;

(d) Exceeding allotments or prorations.-From exceeding allotments of any quota or proration thereof made to them pursuant to the provisions of this chapter. (Sept. 1, 1937, ch. 898, title II, § 209, 50 Stat. 908.)

§ 1120. Terminology of determinations-(a) Raw value to govern. The determinations provided for in sections 1111 and 1113 of this title, and all quotas, prorations, and allotments, except quotas established pursuant to the provisions of section 1118 of this title, shall be made or established in terms of raw value. (b) Sugar to include liquid sugar.-For the purposes of this subchapter, liquid sugar, except that imported from foreign countries, shall be included with sugar in making the determinations provided for in sections 1111 and 1113 of this title and in the establishment or revision of quotas, prorations, and allotments. (Sept. 1, 1937, ch. 898, title II, § 210, 50 Stat. 908.)

§ 1121. Credit against quota; nature of sugar for domestic quota-(a) Credit upon exportation of imported sugar. The rawvalue equivalent of any sugar or liquid sugar in any form, including sugar or liquid sugar in manufactured products, exported from the continental United States under the provisions of section 1313 of Title 19 shall be credited against any charges which shall have been made in respect to the applicable quota or proration for the country of origin. The country of origin of sugar or liquid sugar in respect to which any credit shall be established shall be that country in respect to importation from which drawback of the exported sugar or liquid sugar has been claimed. Sugar or liquid sugar entered into the continental United States under an applicable bond established pursuant to orders or regulations issued by the Secretary, for the express purpose of subsequently exporting the equivalent quantity of sugar or liquid sugar as such, or in manufactured articles, shall not be charged against the applicable quota or proration for the country of origin.

(b) Exportation defined.-Exportation within the meaning of sections 1309 and 1313 of Title 19 shall be considered to be exportation within the meaning of this section.

(c) Domestic quota to be filled with products of local beets and cane. The quota established for any domestic sugar producing area may be filled only with sugar or liquid sugar produced adnsugar beets or sugarcane grown in such area: Provided, ch. 898, in Islands under section 1394 of Title 48 may be That any sugar or liquid sugar admitted free of duty § 1122. Excepe quota for the Virgin Islands. (Sept. 1, 1937, subchapter shall no50 Stat. 909.)

value, of sugar or liquita provisions. The provisions of this country, other than Cuba, in ái) the first ten short tons, raw short tons, raw value, of sugar or imported from any foreign foreign country, other than Cuba, in a year; (2) the first ten ligious, sacramental, educational, or experimimported from any liquid sugar imported from any foreign country, ol year for rein individual sealed container of such capacity as the may determine, not in excess of one and one-tenth gallons noses; (3) or (4) any sugar or liquid sugar imported, brought into, or produced or manufactured in the United States for the distillation of alcohol, or for livestock feed, or for the production

Cuba,