QuestionsQuestions (SRA SUGAR ORDER NO. 6 S. 1991-92)
It lays down rules that must be observed in exporting “A” export sugar to the United States, including quota filling, exporter eligibility, applications, shipment priorities, withdrawal procedures, and sanctions.
Any sugar producer or trader duly registered with the SRA as a sugar trader during the crop year, i.e., a “Sugar Exporter,” may export upon compliance with the Order.
A sugar exporter’s booked tonnage cannot be transferred to another party. If the exporter is short or discontinues the allocation, the shortage is reallocated by the SRA.
The exporter must submit: (a) an Application for Shipment of “A” Sugar (Annex A); (b) Quedan-Permits covering the sugar plus listings for verification; and (c) an Affidavit stating ownership (Annex B).
The exporter must submit a document relative to its allocation/booked tonnage stating: quota to be filled (e.g., 1st/2nd quarter), quantity to be shipped (metric tons and LKg), FOB value (USD), consignee, party to be notified, vessel name, port of loading, date of loading, date of departure, and destination—supported by a copy of the Export Declaration.
Unshipped “A” sugar from a previous crop year gets priority in the current crop year. Within any quarterly quota, quedanned sugar of the current crop year has first priority; advanced-swapped sugar (when authorized) may be second priority if no current-crop sugar is readily available and there is a reasonable undertaking to repay.
The SRA grants clearance based on: (a) priority under Section 4; then (b) first-come, first-served among eligible applicants. If excess sugar is available beyond quota, it is carried over to the next quarter; if in the last quarter, it is prorated by the SRA.
Withdrawal is allowed only upon surrender of the corresponding Quedan-permits and the certificate of clearance (withdrawal) issued by the SRA.
It must be transported directly to, and loaded on vessels, at the port of loading indicated in the SRA-issued Export Clearance.
If necessary to transfer to a bulk terminal prior to final shipment, it may be allowed upon application, with clearance certificates (inloading/outloading). The bulk terminal must submit two written reports: (1) on inloaded sugar within 7 days from the clearance to inload; and (2) on outloaded sugar within 15 days after vessel departure for its foreign destination.
Swapping allows exchange of “A” sugar with an equal quantity of “B” domestic sugar (or any other class of sugar), but only upon SRA approval and only for an equal quantity exchange.
If the U.S. quota cannot be filled according to shipment schedules due to speculative practices by holders of “A” sugar Quedan-permits or in any other way that prejudices the national interest, the SRA may take necessary steps and impose sanctions to ensure quota filling.
Within 10 days after completion of shipment, each exporter submits a written completion report to the SRA. Additionally, within 10 days from arrival in the U.S., the exporter submits a report stating actual inload weight, polarization, color, premium, penalties, etc.
It indicates a policy of minimum government regulatory participation—exporters are given opportunities to make arrangements/schedules needed to fill quotas, subject to SRA approval.
It takes effect beginning with the 1992 U.S. sugar quota and applies to such export sugar quotas as may be granted to the Philippines thereafter.
Any provisions of prior regulations that are contrary to or inconsistent with this Sugar Order are amended, modified, or revoked accordingly.