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Code · STATUTE-COMPILATIONS · Agricultural Trade Act of 1978 · Sec. 416

Sec. 416. LIMITATION ON USE OF CERTAIN EXPORT PROMOTION PROGRAMS

412 words·~2 min read·/statute-compilations/comps-10299/sec-416

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## SEC. 416 LIMITATION ON USE OF CERTAIN EXPORT PROMOTION PROGRAMS **[**[7 U.S.C. 5676](/us/usc/t7/s5676)**]** ###
(a)In General The Secretary may provide that a person shall be ineligible for participation in an export program established under title I of the Food for Peace Act (7 U.S.C. 1691 et seq.), or in any other export credit, credit guarantee, bonus, or other export program carried out through, or administered by, the Commodity Credit Corporation or carried out with funds made available pursuant to section 32 of the Act entitled “An Act to amend the Agricultural Adjustment Act, and for other purposes”, approved August 24, 1935 (7 U.S.C. 612c) with respect to the export of any agricultural commodity or product that has been or will be used as the basis for a claim of a refund, as drawback, pursuant to section 313(j)(2) of the Tariff Act of 1930 (19 U.S.C. 1313(j)(2)), of any duty, tax, or fee imposed under Federal law on an imported commodity or product. ###
(b)Vegetable Oil A person shall be ineligible for participation in any of the export programs referred to in subsection
(a)with respect to the export of vegetable oil or a vegetable oil product that has been or will be used as the basis for a claim of a refund, as a drawback, pursuant to section 313 of the Tariff Act of 1930, of any duty, tax, or fee imposed under Federal law on an imported commodity or product. ###
(c)Certification If the Secretary takes action under the authority granted under subsection (a), a person applying to export any agricultural commodity under the export programs referred to in subsection
(a)shall certify that none of the commodity has been or will be used as the basis of a claim for any refund specified in subsection (a), except that regardless of whether the Secretary takes action under the authority granted under subsection (a), a person applying to export any vegetable oil or vegetable oil product under such programs shall certify that none of the vegetable oil or vegetable oil product has been or will be used as the basis of a claim for any refund specified in subsection (b). ###
(d)Regulations The Secretary shall promulgate regulations to carry out this section. ###
(e)Applicability This section shall not apply to quantities of agricultural commodities and products with respect to which an exporter has entered into a contract, prior to November 28, 1990, for an export sale.
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