Page:United States Statutes at Large Volume 61 Part 3.djvu/331

 2614 Pot, p. 2624. Allocation of quotas to manufacturers in Philippines. Post, p. 2615. Sugar. Post, pp. 2615,2632. Post, pp. 2615, 2632. Pos, p. 2632. Transfer of allot- ments, etc. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [61 STAT. until and including the calendar year 1973, a percentage equal to the percentage for the preceding calendar year decreased by five per centum of such specified amounts. Any such Philippine article so entered or withdrawn from warehouse in excess of the duty-free quota provided in this Paragraph shall be subject to one hundred per centum of the United States duty as defined in Subparagraph (g) of Paragraph 1 of the Protocol. 3. Each of the quotas provided for in Paragraphs 1 and 2 of this Article for articles falling within one of the classes specified in Items A-1 and B, and D to G, each inclusive, of the Schedule to this Article shall be allocated annually by the Philippines to the manufacturers in the Philippines in the calendar year 1940 of products of a class for which such quota is established, and whose products of such class were exported to the United States during such calendar year, or their successors in interest, proportionately on the basis of the amount of the products of such class produced by each such manufacturer (or in the case of such successor in interest, the amount of the prod- ucts of such class produced by his predecessor in interest) which was exported to the United States during the following period: (a) In the case of Items A-1 and D to G, each inclusive, the calendar year 1940, and (b) in the case of Item B, the twelve months immediately preced- ing the inauguration of the Commonwealth of the Philippines. The quota provided for in Paragraph 1 of this Article for unrefined sugar specified in Item A of such Schedule, including that required to manufacture the refined sugar specified in Item A-1 of the Sched- ule, shall be allotted annually by the Philippines to the sugar- producing mills and plantation owners in the Philippines in the cal- endar year 1940 whose sugars were exported to the United States during such calendar year, or their successors in interest, proportion- ately on the basis of their average annual production (or in the case of such a successor in interest, the average annual production of his predecessor in interest) for the calendar years 1931, 1932, and 1933, and the amount of sugars which may be so exported shall be allocated in each year between each mill and the plantation owners on the basis of the proportion of sugars to which each mill and the plantation owners are respectively entitled, in accordance with any milling agreements between them, or any extension, modification, or renewal thereof. 4. The holder of any allotment under law existing on April 29, 1946, including his successor in interest, and the holder of any allot- ment under any of the quotas which are provided for in Paragraphs 1 and 2 of this Article the allocation of which is provided for in Para- graph 3 of this Article, may transfer or assign all or any amount of such allotment on such terms as may be agreeable to the parties in interest. If, after the first nine months of any calendar year, the holder of any allotment, for that year, under any of the quotas referred to in the preceding sentence, is or will be unable for any reason to export to the United States all of his allotment, in time to fulfill the quota for that year, that amount of such allotment which it is es- -tablished by sufficient evidence cannot be so exported during the

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