Page:United States Statutes at Large Volume 50 Part 1.djvu/931

 Pro vi8 o. Reduction Provi- sio n. Proration to foreign co un tr y ; revision, if not filled. Allotment of quota to persons marketing orlmportingSugar, ete. A ppeal from de- cision making allot- ment. nroeeedini~,. 75TR CONGRESS, 1sT SESSION--CH. 898- SEPTEMBER 1, 1937 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 Com- monwealth of the Philippine Islands, or Cuba or other foreign coun- tries, shall not be reduced by reason of any determination made pursuant to the provisions of this subsection. (b) 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 a n amount of sugar equal to such unf illed 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. SEC. 205. (a) Whenever the Secretary finds that the allotment of any quota, or proration thereof, established for any area pursuant to the provisions of this Act., is necessary to assure an orderly and ade- quate flow of sugar or liquid sugar in the cha nnels of interstat e 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 equi- table opportunity to market sugar or liquid sugar within any area's quota, after such hearing and upon such notice as he may b y regula- tions prescribe, hee shall make allotments of such quota or proration thereof by allotting to perso ns who market or import sugar or li quid sugar, for such periods as he may designate, t he quantities of s ugar or liq uid su gar whi ch each such p erson m ay mark et in contine ntal United States, the Territory of Hawaii, or Puerto Rico, or may im- port 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 s ugarcane to which pro- portionate shares, determined pursuant to the provisions of subsec- tion (b) of section 302, pertained ; the past marketings or importa- tions 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 init ial allotment was made. (b) 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 followi ng cases (1) By any app licant for an all otment whose appl ication shall ha ve been denied. (2) By any person aggrieved by reason of any decision of the Secretary granting or revising any allotment made to him. (c) Such appeal shall be taken by filing with said court within twenty days af ter the decision complained of is effective, notice in writing of said appeal and a statement of the reasons therefor, togeth er wit h proof of ser vice of a true copy o f 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