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section_id ▼ title_number title_name chapter subchapter part_number part_name subpart subpart_name section_number section_heading agency authority source_citation amendment_citations full_text
14:14:5.0.1.1.18.0.1.1 14 Aeronautics and Space V   1217 PART 1217—DUTY-FREE ENTRY OF SPACE ARTICLES       § 1217.100 Scope. NASA       This part sets forth policy and procedures with respect to the use of the NASA's authority to certify to the U.S. Commissioner of Customs duty-free entry of articles into the United States for the use of NASA or for implementation of a NASA international program, including articles that will be launched into space, spare parts for such articles, ground support equipment, or uniquely associated equipment for use in connection with a NASA international program or launch service agreement. This part also sets forth NASA's procedures with respect to the use of its authority to bring foreign-owned articles and articles from space into the customs territory of the United States, and describes the nonimport status of such articles.
14:14:5.0.1.1.18.0.1.2 14 Aeronautics and Space V   1217 PART 1217—DUTY-FREE ENTRY OF SPACE ARTICLES       § 1217.101 Applicability. NASA       This part applies to qualifying articles entered or withdrawn from warehouse for consumption in the customs territory of the United States, and to articles brought into the customs territory of the United States by NASA from space or from foreign country as part of the NASA international program.
14:14:5.0.1.1.18.0.1.3 14 Aeronautics and Space V   1217 PART 1217—DUTY-FREE ENTRY OF SPACE ARTICLES       § 1217.102 Background. NASA       In order to encourage and facilitate the use of NASA's launch services for the exploration and use of space, section 116 of Public Law 97-446 provided for the duty-free entry into the United States of certain articles imported by NASA for its space-related activities or articles imported by another person or entity for the purpose of meeting its obligations under a launch services agreement with NASA. Such articles were certified by NASA to the Commissioner of Customs for duty-free entry to be launched into space or space parts or necessary and uniquely associated support equipment for use in connection with a launch into space. This exemption from duty was provided for in Subheading 9808.00.80, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202). Also, HTSUS, Chapter VIII, U.S. note 1, pursuant to the same law, provided that return of articles by NASA from space to the United States would not be considered an importation, and similarly not be subject to a duty. As a result of the Uruguay Round agreements of the 1994 General Agreement on Tariffs and Trade, this authority was revised and expanded in scope. It now provides that imports of articles for NASA's use and articles imported to implement NASA's international programs, including articles to be launched into space, parts thereof, ground support equipment, and uniquely associated equipment for use in connection with NASA's international programs and launch service agreements would be eligible for duty-free customs entry upon certification by NASA to the Commissioner of Customs. The revised authorities also provided, in U.S. note 1 to subchapter VIII of chapter 98 of the HTSUS, that articles brought into the customs territory of the United States by NASA from space or from a foreign country as part of a NASA's international programs would not be considered imports or subject to customs entry requirements.
14:14:5.0.1.1.18.0.1.4 14 Aeronautics and Space V   1217 PART 1217—DUTY-FREE ENTRY OF SPACE ARTICLES       § 1217.103 Authority to certify. NASA     [62 FR 6467, Feb. 12, 1997, as amended at 80 FR 45865, Aug. 3, 2015] (a) The following NASA officials, their deputies, and designees within their respective organizations are authorized, under the conditions described herein, to make the certification to the Commissioner of Customs required for the duty-free entry of space articles pursuant to subheading HTSUS 9808.00.80. (1) The NASA Assistant Administrator for Procurement is authorized to issue the certification for articles imported into the United States which are procured by NASA or by other U.S. Government agencies, or by U.S. Government contractors or subcontractors when title to the articles is or will be vested in the U.S. Government pursuant to the terms of the contract or subcontract. Requests for certification should be sent to: Office of Procurement, Attn: Director, Contract and Grant Policy Division, National Aeronautics and Space Administration, Washington, DC 20546. (2) The NASA Associate Administrator for International and Interagency Relations is authorized to issue the certification for articles imported into the United States pursuant to international agreements. Requests for certification should be sent to: Office of International and Interagency Relations, Attn: Director, Export Control and Interagency Liaison Division, National Aeronautics and Space Administration, Washington, DC 20546. (3) The NASA Associate Administrator for Human Exploration and Operations is authorized to issue the certification for articles imported into the United States by persons or entities under agreements other than those identified in paragraphs (a)(1) and (a)(2) of this section, including launch services agreements. Requests for certification should be sent to: Human Exploration and Operations Mission Directorate, Attn: Director, International Space Station Office, National Aeronautics and Space Administration, Washington, DC 20546. (b) Each certification by the officials identified in paragraphs (a)(1), (a)(2), and (a)(3) of this section shall receive the concurrence of the Office of the General Counsel. (c) Subject to pro…
14:14:5.0.1.1.18.0.1.5 14 Aeronautics and Space V   1217 PART 1217—DUTY-FREE ENTRY OF SPACE ARTICLES       § 1217.104 Certification forms. NASA       To the extent an authorized NASA official approves a request for certification, that official shall sign a certificate in the following form: (a) For articles procured by NASA, a Customs Service Form CF 7501 (Entry Summary) shall be completed, and the following certification shall be used: Articles for the National Aeronautics and Space Administration Item 9808.00.80, Harmonized Tariff Schedule of the United States Program: I hereby certify that the articles identified in [ attached invoice ] are being imported for the use of the National Aeronautics and Space Administration (NASA) in accordance with 9808.00.80, Harmonized Tariff Schedule of the United States. Name Date I hereby certify that the articles identified in [ attached invoice ] are being imported for the use of the National Aeronautics and Space Administration (NASA) in accordance with 9808.00.80, Harmonized Tariff Schedule of the United States. (b) For articles imported by NASA to implement international programs of NASA to which NASA will take title, or which remain the property of foreign entities under such programs, no entry is required pursuant to U.S. note 1 to HTSUS subchapter VIII of chapter 98. For such articles, the following certification shall be used: Articles for Use in an International Program of the National Aeronautics and Space Administration Item 9808.00.80, Harmonized Tariff Schedule of the United States Program: Foreign Owner(s) (if applicable): In accordance with subheading 9808.00.80 and U.S. note 1 to subchapter VIII of chapter 98, Harmonized Tariff Schedule of the United States, I hereby certify that the above-described shipment is being brought into the customs territory of the United States as part of an international program of the National Aeronautics and Space Administration (NASA). No CF 7501 entry is required for this shipment. All articles contained in this shipment are, and shall remain, the property of NASA or of the foreign entities identified above. Except for articles consumed in th…
14:14:5.0.1.1.18.0.1.6 14 Aeronautics and Space V   1217 PART 1217—DUTY-FREE ENTRY OF SPACE ARTICLES       § 1217.105 Procedures. NASA       (a) Requests for certification shall be forwarded to an appropriate NASA official or designee as provided for in § 1217.103 of this part. (b) Each request for certification shall be accompanied by: (1) A proposed certificate as provided for in § 1217.104 of this part; (2) The information and documentation required by 19 CFR 10.102(a), including invoice documentation or a description of covered articles; and (3) The anticipated date of entry of entry and port of entry for each article. If the article is to be transported in bond from the port of arrival to another port of entry in the United States, identify both ports. (c) The signed certificate and its attachment(s) will be forwarded to the NASA Installation responsible for duty-free entry of the materials, unless issued at such Installation by an authorized official in accordance with § 1217.103(c) of this part. These documents shall be presented to an appropriated Customs official at the port(s) of entry. The procedures specified in 19 CFR 10.102 will be followed by the NASA Installation in obtaining duty-free entry at the Customs port(s) of entry. The NASA Installation should ensure that, at the time the articles are to be released after Customs entry, the custody of the imported articles is transferred directly from the carrier or from the U.S. Customs Service to the NASA Installation, its agent, or the launch service customer in the case of a Launch and Associated Services Agreement. (d) If articles procured under contract by NASA are imported prior to compliance with these procedures and it is essential that the articles be released from Customs custody prior to such compliance, the procedures outlined in 19 CFR 10.101 may be followed by cognizant NASA officials to secure the release of the articles from Customs custody. To the extent applicable, the procedures in § 1217.105 of this part shall be followed when time permits to obtain duty-free entry for the articles released from Customs custody.
14:14:5.0.1.1.18.0.1.7 14 Aeronautics and Space V   1217 PART 1217—DUTY-FREE ENTRY OF SPACE ARTICLES       § 1217.106 Articles brought into the United States by NASA from space. NASA       Pursuant to U.S. note 1 subchapter VIII of chapter 98, HTSUS, articles brought into the customs territory of the United States by NASA from space shall not be considered an importation, and no certification or entry of such materials through U.S. Customs shall be required. This provision is applicable to articles brought to the U.S. from space whether or not the articles were launched into space aboard a NASA vehicle.
7:7:10.1.1.1.11.1.177.1 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.1 Act. AMS       Act means the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411-7425), and any amendments thereto.
7:7:10.1.1.1.11.1.177.10 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.10 Fiscal period or year. AMS       Fiscal period or year means a calendar year from January 1 through December 31, or such other period as recommended by the Board and approved by the Secretary.
7:7:10.1.1.1.11.1.177.11 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.11 Importer. AMS       Importer means any person who imports softwood lumber from outside the United States for sale in the United States as a principal or as an agent, broker, or consignee of any person who manufactures softwood lumber outside the United States for sale in the United States, and who is listed in the import records as the importer of record for such softwood lumber.
7:7:10.1.1.1.11.1.177.12 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.12 Information. AMS       Information means activities or programs designed to disseminate the results of research, new and existing marketing programs, new and existing marketing strategies, new and existing uses and applications, and to enhance the image of softwood lumber and the forests from which it comes. These include: (a) Consumer education, which means any action taken to provide information to, and broaden the understanding of, the general public regarding softwood lumber; and (b) Industry information, which means information and programs that would enhance the image of the softwood lumber industry.
7:7:10.1.1.1.11.1.177.13 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.13 Manufacture. AMS       Manufacture means the process of transforming softwood logs into softwood lumber.
7:7:10.1.1.1.11.1.177.14 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.14 Manufacturer for the U.S. market. AMS       Manufacturer for the U.S. market means domestic manufacturers and importers of softwood lumber as defined in this Order.
7:7:10.1.1.1.11.1.177.15 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.15 Marketing. AMS       Marketing means the sale or other disposition of softwood lumber in interstate, foreign, or intrastate commerce.
7:7:10.1.1.1.11.1.177.16 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.16 Nominal size. AMS       Nominal size means the size by which softwood lumber is known and sold in the marketplace that differs from actual size and is based on the thickness and width of a board when it is first cut from a log, or rough cut, prior to drying and planing.
7:7:10.1.1.1.11.1.177.17 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.17 Order. AMS       Order means an order issued by the Secretary under section 514 of the Act that provides for a program of generic promotion, research, and information regarding agricultural commodities authorized under the Act.
7:7:10.1.1.1.11.1.177.18 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.18 Part and subpart. AMS       Part means the Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order and all rules, regulations, and supplemental orders issued pursuant to the Act and the Order. The Order shall be a subpart of such part.
7:7:10.1.1.1.11.1.177.19 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.19 Person. AMS       Person means any individual, group of individuals, partnership, company, corporation, association, affiliate, cooperative, or any other legal entity.
7:7:10.1.1.1.11.1.177.2 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.2 Blue Ribbon Commission or BRC. AMS       Blue Ribbon Commission or BRC means the 21-member committee representing businesses that manufacture softwood lumber in the United States or import softwood lumber to the United States formed to pursue an industry research, promotion, and information program.
7:7:10.1.1.1.11.1.177.20 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.20 Planing. AMS       Planing means the act of smoothing the surface of a board to make the wood a uniform size.
7:7:10.1.1.1.11.1.177.21 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.21 Programs, plans, and projects. AMS       Programs, plans and projects mean those research, promotion and information programs, plans, or projects established pursuant to this Order.
7:7:10.1.1.1.11.1.177.22 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.22 Promotion. AMS       Promotion means any action taken, including paid advertising, public relations and other communications, and promoting the results of research, that presents a favorable image of softwood lumber to the public and to any and all consumers and those who influence consumption of softwood lumber with the intent of improving the perception, markets and competitive position of softwood lumber and stimulating sales of softwood lumber.
7:7:10.1.1.1.11.1.177.23 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.23 Research. AMS       Research means any activity that advances the position of softwood lumber in the marketplace that includes any type of test, study, or analysis designed to advance the image, desirability, use, marketability, sales, product development, or quality of softwood lumber; new applications; improving softwood lumber's position in building and fire codes; softwood lumber product testing and safety; and evaluating the effectiveness of market development and promotion efforts including life cycle studies, forestry, sustainable forest management, environmental preferrability, competitiveness, efficiency, pest and disease control, water quality and other management aspects of forestry and the forests from which softwood lumber originates.
7:7:10.1.1.1.11.1.177.24 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.24 Secretary. AMS       Secretary means the Secretary of Agriculture of the United States, or any other officer or employee of the Department to whom authority has been delegated, or to whom authority may hereafter be delegated, to act in the Secretary's stead.
7:7:10.1.1.1.11.1.177.25 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.25 Softwood. AMS       Softwood means one of the botanical groups of trees that have needle-like or scale-like leaves, or conifers.
7:7:10.1.1.1.11.1.177.26 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.26 Softwood lumber. AMS       Softwood lumber means and includes softwood lumber and products manufactured from softwood as described in section 804(a) of Title VIII of the Tariff Act of 1930, as amended (19 U.S.C. 1202-1683g), and as assessed under § 1217.52.
7:7:10.1.1.1.11.1.177.27 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.27 State. AMS       State means any of the several 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.
7:7:10.1.1.1.11.1.177.28 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.28 Suspend. AMS       Suspend means to issue a rule under section 553 of title 5 U.S.C. to temporarily prevent the operation of an order or part thereof during a particular period of time specified in the rule.
7:7:10.1.1.1.11.1.177.29 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.29 Terminate. AMS       Terminate means to issue a rule under section 553 of title 5 U.S.C. to cancel permanently the operation of an order or part thereof beginning on a date certain specified in the rule.
7:7:10.1.1.1.11.1.177.3 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.3 Board or Softwood Lumber Board. AMS       Board or Softwood Lumber Board means the administrative body established pursuant to § 1217.40, or such other name as recommended by the Board and approved by the Department.
7:7:10.1.1.1.11.1.177.30 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.30 United States. AMS       United States means collectively the 50 States, the District of Columbia, the Commonwealth of Puerto Rico and the territories and possessions of the United States.
7:7:10.1.1.1.11.1.177.31 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.40 Establishment and membership. AMS     [84 FR 50299, Sept. 25, 2019] (a) Establishment of the Board. There is hereby established a Softwood Lumber Board to administer the terms and provisions of the Order and promote the use of softwood lumber. The Board shall be composed of manufacturers for the U.S. market who manufacture and domestically ship or import 15 million board feet or more of softwood lumber in the United States during a fiscal period. Seats on the Board shall be apportioned based on the volume of softwood lumber production that is manufactured and shipped within the United States by domestic manufacturers and the volume of softwood lumber imported into the United States. Seats on the Board shall also be apportioned based on size of operation within each geographic region, as specified in paragraphs (b)(l) and (2) of this section. For purposes of this section, “large” means manufacturers for the U.S. market who account for the top two-thirds of the total annual volume of assessable softwood lumber and “small” means those who account for the remaining one-third of the total annual volume of assessable softwood lumber. If there are no eligible nominees for a large or small seat within a region, that seat may be filled by a nominee representing an eligible manufacturer for the U.S. market of any size. Should the size of a manufacturer for the U.S. market change during a member's or alternate's term of office, that member or alternate may serve for the remainder of the term. (b) Composition of the Board. The Board shall be composed of 15 members and four alternates, as follows: (1) Domestic manufacturers. Domestic manufacturers must reside in the United States. Ten members and two alternates shall represent domestic manufacturers who reside in the following three regions: (i) Five members and one alternate shall represent manufacturers of softwood lumber in the U.S. South Region, which consists of the states of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Of th…
7:7:10.1.1.1.11.1.177.32 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.41 Nominations and appointments. AMS     [84 FR 50299, Sept. 25, 2019, as amended at 89 FR 58251, July 18, 2024] Nominations shall be conducted as follows: (a) The Board shall conduct outreach to all segments of the softwood lumber industry. Softwood lumber domestic manufacturers and importers may submit nominations to the Board. Nominees must domestically manufacture and/or import 15 million board feet or more of softwood lumber per fiscal year; (b) Domestic manufacturers, importer, and public member nominees, for both member and alternate positions, may provide the Board a short background statement outlining their qualifications to serve on the Board; (c) Domestic manufacturer, importer, public member and all alternate nominees may seek nomination to the Board for all open or vacant seats for which the nominees are eligible; (d) The Board will evaluate all eligible nominees and submit the name of one nominee for each open seat and the name of one additional nominee for each open seat to the Secretary. Other qualified persons interested in serving in the open seats but not recommended by the Board will be designated by the Board as additional nominees for consideration by the Secretary; (e) Nominations for the public member shall be made by the Board. The Board shall submit the names of at least two nominees for the public member seat and at least two nominees for the public member alternate seat to the Secretary. (f) The Board must submit nominations to the Secretary at least six months before the new Board term begins. From the nominations submitted by the Board, the Secretary shall select the members of the Board; (g) No two members or alternates shall be employed by a single corporation, company, partnership, or any other legal entity. This includes subsidiaries and affiliates thereof; and (h) The Board may recommend to the Secretary modifications to its nomination procedures as it deems appropriate. Any such modifications shall be implemented through rulemaking by the Secretary.
7:7:10.1.1.1.11.1.177.33 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.42 Term of office. AMS     [89 FR 58251, July 18, 2024] (a) Board members and alternates will serve a three-year term or until the Secretary selects his or her successor. Each term of office shall begin on January 1 and end on December 31. No member or alternate may serve more than two consecutive terms, excluding any term of office less than three years. A Board member may serve as an alternate during the years he or she is ineligible to serve in a member position. (b) For the initial Board alternates, their terms shall be staggered for two, three, and four years. Determination of which alternates shall serve a term of two, three, or four years shall be recommended to the Secretary by the Board.
7:7:10.1.1.1.11.1.177.34 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.43 Removal and vacancies. AMS     [89 FR 58251, July 18, 2024] (a) In the event that any member or alternate of the Board ceases to work for or be affiliated with the domestic manufacturer or importer, or ceases to do business in the group or region from which the member or alternate was appointed to the Board, such position shall automatically become vacant. (b) The Board may recommend to the Secretary that a member or alternate be removed from office if the member or alternate consistently refuses to perform his or her duties or engages in dishonest acts or willful misconduct. The Secretary may remove the member or alternate if he or she finds that the Board's recommendation shows adequate cause. Further, without recommendation of the Board, a member or alternate may be removed by the Secretary upon showing of adequate cause, including the failure by a member or alternate to submit reports or remit assessments required under this part, if the Secretary determines that such member's or alternate's continued service would be detrimental to the achievement of the purposes of the Act. (c) If a position becomes vacant, nominations to fill the vacancy may be conducted using the nominations process set forth in § 1217.41 or the Board may nominate eligible persons. A vacancy will not be required to be filled if the unexpired term is less than 6 months.
7:7:10.1.1.1.11.1.177.35 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.44 Alternates. AMS     [89 FR 58251, July 18, 2024] An alternate member of the Board, during the absence of a member from the same group (domestic manufacturer, importer, or public member) and region (as applicable) may serve in the place and stead of such member and perform such duties as assigned. In the event that both a member of the Board and the alternate are unable to attend a meeting, the Board may not designate any other alternate from a different group or region to serve in such member's or alternate's place and stead for the meeting.
7:7:10.1.1.1.11.1.177.36 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.45 Procedure. AMS     [89 FR 58251, July 18, 2024] (a) A majority of Board members (exclusive of vacant seats) will constitute a quorum so long as at least two of the members present are importer members and five of the members present are domestic manufacturers. An alternate will be counted for the purpose of determining a quorum only if a member from his or her group and region is absent or disqualified from participating. If participation by telephone or other means is permitted, members participating by such means shall count as present in determining quorum or other voting requirements set forth in this section. (b) All votes at meetings of the Board, executive committee, and other committees will be cast in person or by electronic voting or other means as the Board and Secretary deem appropriate to allow members participating by telephone or other electronic means to cast votes. Voting by proxy will not be allowed. (c) Each member of the Board will be entitled to one vote on any matter put to the Board and the motion will carry if supported by a majority of Board members (exclusive of vacant seats), except for recommendations to change the assessment rate or to adopt a budget, both of which require affirmation by at least a majority of Board members plus two (exclusive of vacant seats). (d) The Board must give its members, alternates, and the Secretary timely notice of all Board, executive committee, and other committee meetings. (e) In lieu of voting at a properly convened meeting, and when, in the opinion of the Board's chairperson, such action is considered necessary, the Board may take action by mail, telephone, electronic mail, facsimile, or any other means of communication. Any action taken under this procedure is valid only if: (1) All members, alternates, and the Secretary are notified. (2) Members and alternates acting in a member's stead are provided the opportunity to vote. A majority of Board members or alternates acting in the member's stead (exclusive of vacant seats) vote in favor of the action (unless a vote of a majority of Board memb…
7:7:10.1.1.1.11.1.177.37 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.46 Reimbursement and attendance. AMS     [89 FR 58251, July 18, 2024] Board members and alternates will serve without compensation, but will be reimbursed for reasonable travel expenses, as approved by the Board, which they incur when performing Board business.
7:7:10.1.1.1.11.1.177.38 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.47 Powers and duties. AMS     [89 FR 58252, July 18, 2024] The Board shall have the following powers and duties: (a) To administer this Order in accordance with its terms and conditions and to collect assessments; (b) To develop and recommend to the Secretary for approval such bylaws as may be necessary for the functioning of the Board and such rules, regulations as may be necessary to administer the Order, including activities authorized to be carried out under the Order; (c) To meet, organize, and select from among its members a chairperson and, such other officers as may be necessary; (d) To create an executive committee of five members of the Board comprised of the chairperson and four other members elected by the Board. The duties of the executive committee shall be specified in bylaws that are recommended by the Board and approved by the Secretary; (e) To create other committees or subcommittees, which may include individuals other than Board members, as the Board deems necessary from its membership and other representatives it deems appropriate; (f) To employ or contract with such persons, other than the members or alternates, as it may deem necessary to assist the Board in carrying out its duties, and to determine the compensation and define the duties of each; (g) To notify manufacturers for the U.S. market of all Board meetings through press releases or other means and to give the Secretary the same notice of Board meetings, executive committee, and subcommittee meetings that is given to members and alternates in order that the Secretary's representative(s) may attend such meetings, and to keep and report minutes of each meeting to the Secretary; (h) To develop and administer programs, plans, and projects and enter into contracts or agreements, which must be approved by the Secretary before becoming effective, for promotion, research, and information, including consumer and industry information, research and advertising designed to strengthen the softwood lumber industry's position in the marketplace and to maintain, develop, and expand markets for soft…
7:7:10.1.1.1.11.1.177.39 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.48 Prohibited activities. AMS     [89 FR 58282, July 18, 2024] The Board may not engage in, and shall prohibit the employees and agents of the Board from engaging in: (a) Any action that would be a conflict of interest; (b) Using funds collected by the Board under the Order to undertake any action for the purpose of influencing legislation or governmental action or policy, by local, state, national, and foreign governments or subdivision thereof, other than recommending to the Secretary amendments to the Order; and (c) No program, plan or project including advertising shall be false or misleading or disparaging to another agricultural commodity. Softwood lumber of all geographic origins shall be treated equally.
7:7:10.1.1.1.11.1.177.4 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.4 Board foot. AMS       Board foot or BF means a unit of measurement of softwood lumber represented by a board 12-inches long, 12-inches wide, and 1-inch thick or its cubic equivalent. A board foot calculation for softwood lumber 1 inch or more in thickness is based on its nominal thickness and width and the actual length. Softwood lumber with a nominal thickness of less than 1 inch is calculated as 1 inch.
7:7:10.1.1.1.11.1.177.5 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.5 Conflict of interest. AMS     [89 FR 58250, July 18, 2024] Conflict of interest means a situation in which a member, alternate, or employee of the Board has a direct or indirect financial interest in a person who performs a service for, or enters into a contract with, the Board for anything of economic value.
7:7:10.1.1.1.11.1.177.6 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.6 Customs or CBP. AMS       Customs or CBP means Customs and Border Protection, an agency of the United States Department of Homeland Security.
7:7:10.1.1.1.11.1.177.7 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.7 Department or USDA. AMS       Department or USDA means the U.S. Department of Agriculture, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in the Secretary's stead.
7:7:10.1.1.1.11.1.177.8 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.8 Domestic manufacturer. AMS       Domestic manufacturer means any person who is a first handler and is engaged in the manufacturing, sale and shipment of softwood lumber in the United States during a fiscal period and who owns, or shares in the ownership and risk of loss of manufacturing of softwood lumber or a person who is engaged in the business of manufacturing, or causes to be manufactured, sold and shipped such softwood lumber in the United States beyond personal use. This term does not include any person who re-manufactures softwood lumber that has already been subject to assessment under this Order.
7:7:10.1.1.1.11.1.177.9 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.9 Export. AMS       Export means to manufacture and ship softwood lumber from within the United States to locations outside of the United States.
7:7:10.1.1.1.11.1.178.40 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.50 Budget and expenses. AMS       (a) At least 60 calendar days prior to the beginning of each fiscal period, and as may be necessary thereafter, the Board shall prepare and submit to the Department a budget for the fiscal period covering its anticipated expenses and disbursements in administering this part. The budget for research, promotion or information may not be implemented prior to approval by the Secretary. Each such budget shall include: (1) A statement of objectives and strategy for each program, plan, or project; (2) A summary of anticipated revenue, with comparative data for at least one preceding fiscal year, except for the initial budget; (3) A summary of proposed expenditures for each program, plan, or project; and (4) Staff and administrative expense breakdowns, with comparative data for at least one preceding fiscal year, except for the initial budget. (b) Each budget shall provide adequate funds to defray its proposed expenditures and to provide for a reserve as set forth in this Order. (c) Subject to this section, any amendment or addition to an approved budget must be approved by the Department, including shifting funds from one program, plan, or project to another. (d) The Board is authorized to incur such expenses, including provision for a reserve, as the Secretary finds reasonable and likely to be incurred by the Board for its maintenance and functioning, and to enable it to exercise its powers and perform its duties in accordance with the provisions of this subpart. Such expenses shall be paid from funds received by the Board. (e) With approval of the Department, the Board may borrow money for the payment of startup expenses subject to the same fiscal, budget, and audit controls as other funds of the Board. Any funds borrowed shall be expended only for startup costs and capital outlays and are limited to the first year of operation by the Board. (f) The Board may accept voluntary contributions, and is encouraged to seek other appropriate funding sources to carry out activities authorized by the Order. Such contri…
7:7:10.1.1.1.11.1.178.41 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.51 Financial statements. AMS       (a) The Board shall prepare and submit financial statements to the Department on a quarterly basis, or at any other time as requested by the Secretary. Each such financial statement shall include, but not be limited to, a balance sheet, income statement, and expense budget. The expense budget shall show expenditures during the time period covered by the report, year-to-date expenditures, and the unexpended budget. (b) Each financial statement shall be submitted to the Department within 30 calendar days after the end of the time period to which it applies. (c) The Board shall submit to the Department an annual financial statement within 90 calendar days after the end of the fiscal year to which it applies.
7:7:10.1.1.1.11.1.178.42 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.52 Assessments. AMS     [76 FR 46193, Aug. 2, 2011, as amended at 84 FR 50300, Sept. 25, 2019; 86 FR 11390, Feb. 25, 2021; 89 FR 58252, July 18, 2024] (a) The Board's programs and expenses shall be paid by assessments on manufacturers for the U.S. market, other income of the Board, and other funds available to the Board. (b) Subject to the exemptions specified in § 1217.53, each manufacturer for the U.S. market shall pay an assessment to the Board at the rate of $0.41 per thousand board feet of softwood lumber, except that no person shall pay an assessment on the first 15 million board feet of softwood lumber otherwise subject to assessment in a fiscal year. Domestic manufacturers shall pay assessments based on the volume of softwood lumber shipped within the United States and importers shall pay assessments based on the volume of softwood lumber imported to the United States. (c) At least 24 months after the Order becomes effective and periodically thereafter, the Board shall review and may recommend to the Secretary, upon an affirmative vote by at least a majority of Board members plus two (exclusive of vacant seats), a change in the assessment rate. In no event may the rate be less than $0.35 per thousand board feet nor more than $0.50 per thousand board feet. A change in the assessment rate is subject to rulemaking by the Secretary. (d) Domestic manufacturers shall remit to the Board the amount due no later than the 30th calendar day of the month following the end of the quarter in which the softwood lumber was shipped. (e) Domestic product that cannot be categorized in the Harmomized Tariff Schedule of the United States (HTSUS) numbers listed in paragraph (h) of this section if it were an import is not covered under this Order. (f) Softwood lumber originating in the United States that is exported to another country and shipped back to the United States is covered under this Order, provided that it can be categorized in the HTSUS numbers listed in paragraph (h) of this section. (g) Each importer of softwood lumber shall pay through Customs to the Board an assessment on softwood lumber imported into the United States as described in section 804(a) of T…
7:7:10.1.1.1.11.1.178.43 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.53 Exemption from assessment. AMS     [76 FR 46193, Aug. 2, 2011, as amended at 80 FR 82029, Dec. 31, 2015] (a) Manufacturers for the U.S. market who domestically ship and/or import less than 15 million board feet annually. (1) Domestic manufacturers who ship less than 15 million board feet of softwood lumber within the United States in a fiscal year are exempt from paying assessments. Such manufacturers must apply to the Board, on a form provided by the Board, for a certificate of exemption prior to the start of the fiscal year. This is an annual exemption and domestic manufacturers must reapply each year. Such manufacturers shall certify that they will ship less than 15 million board feet of softwood lumber during the fiscal year for which the exemption is claimed. Upon receipt of an application for exemption, the Board shall determine whether an exemption may be granted. The Board may request past shipment data to support the exemption request. The Board will then issue, if deemed appropriate, a certificate of exemption to the eligible domestic manufacturer. It is the responsibility of the domestic manufacturer to retain a copy of the certificate of exemption. (2) Importers who import into the United States less than 15 million board feet of softwood lumber in a fiscal year are exempt from paying assessments. Such importers must apply to the Board, on a form provided by the Board, for a certificate of exemption prior to the start of the fiscal year. This is an annual exemption and importers must reapply each year. Such importers shall certify that they will import less than 15 million board feet of softwood lumber during the fiscal year for which the exemption is claimed. Upon receipt of an application for exemption, the Board shall determine whether an exemption is granted. The Board may request past import data to support the exemption request. The Board will then issue, if deemed appropriate, a certificate of exemption to the eligible importer. It is the responsibility of the importer to retain a copy of the certificate of exemption. The importer may be requested to submit a copy of the certificate to Customs.…
7:7:10.1.1.1.11.1.179.44 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.60 Programs, plans, and projects. AMS       (a) The Board shall develop and submit to the Secretary for approval programs, plans and projects authorized by this subpart. Such programs, plans and projects shall provide for promotion, research, education and other activities including consumer and industry information and advertising designed to: (1) Maintain, develop, expand and grow markets for softwood lumber; (2) Enhance and strengthen the image, reputation and public acceptance of softwood lumber and the forests from which it comes; (3) Develop new markets and marketing strategies for softwood lumber; (4) Expand the knowledge and understanding of the strength, safety and technical applications and encourage innovation in the use of softwood lumber; (5) Transfer and disseminate the knowledge and understanding of the strength, safety, environmental and sustainable benefits and technical applications of softwood lumber; and (6) Develop, expand and grow existing and new opportunities and applications for softwood lumber. (b) No program, plan, or project shall be implemented prior to its approval by the Secretary. Once a program, plan, or project is so approved, the Board shall take appropriate steps to implement it. (c) The Board must evaluate each program, plan and project authorized under this subpart to ensure that it contributes to an effective and coordinated program of research, promotion and information. The Board must submit the evaluations to the Secretary. If the Board finds that a program, plan or project does not contribute to an effective program of promotion, research, or information, then the Board shall terminate such plan or program.
7:7:10.1.1.1.11.1.179.45 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.61 Independent evaluation. AMS       At least once every five years, the Board shall authorize and fund from funds otherwise available to the Board, an independent evaluation of the effectiveness of the Order and the programs conducted by the Board pursuant to the Act. The Board shall submit to the Secretary, and make available to the public, the results of each periodic independent evaluation conducted under this paragraph.
7:7:10.1.1.1.11.1.179.46 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.62 Patents, copyrights, trademarks, inventions, product formulations, and publications. AMS       Any patents, copyrights, trademarks, inventions, product formulations, and publications developed through the use of funds received by the Board under this subpart shall be the property of the U.S. Government, as represented by the Board, and shall along with any rents, royalties, residual payments, or other income from the rental, sales, leasing, franchising, or other uses of such patents, copyrights, trademarks, inventions, publications, or product formulations, inure to the benefit of the Board, shall be considered income subject to the same fiscal, budget, and audit controls as other funds of the Board, and may be licensed subject to approval by the Secretary. Upon termination of this subpart, § 1217.83 shall apply to determine disposition of all such property.
7:7:10.1.1.1.11.1.180.47 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.70 Reports. AMS     [76 FR 46193, Aug. 2, 2011, as amended at 78 FR 77334, Dec. 23, 2013] (a) Each manufacturer for the U.S. market will be required to provide periodically to the Board such information as the Board, with the approval of the Secretary, may require. Such information may include, but not be limited to: (1) For domestic manufacturers: (i) The name, address and telephone number of the domestic manufacturer; (ii) The board feet of softwood lumber shipped within the United States; (iii) The board feet of softwood lumber for which assessments were paid; and (iv) The board feet of softwood lumber that was exported. (2) For importers: (i) The name, address and telephone number of the importer; (ii) The board feet of softwood lumber imported; (iii) The board feet of softwood lumber for which assessments were paid; and (iv) The country of export. (b) For domestic manufacturers, such information shall accompany the collected payment of assessments on a quarterly basis specified in § 1217.52. For importers who pay their assessments directly to the Board, such information shall accompany the payment of collected assessments within 30 calendar days after the end of the quarter in which the softwood lumber was imported.
7:7:10.1.1.1.11.1.180.48 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.71 Books and records. AMS       Each manufacturer for the U.S. market, including those exempt under § 1217.53, shall maintain any books and records necessary to carry out the provisions of this subpart and regulations issued thereunder, including such records as are necessary to verify any required reports. Domestic manufacturers who only export softwood lumber shall also retain such books and records. Such books and records must be made available during normal business hours for inspection by the Board's or Secretary's employees or agents. A manufacturer for the U.S. market must maintain the books and records for two years beyond the fiscal period to which they apply.
7:7:10.1.1.1.11.1.180.49 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.72 Confidential treatment. AMS       All information obtained from books, records, or reports under the Act, this subpart and the regulations issued thereunder shall be kept confidential by all persons, including all employees and former employees of the Board, all officers and employees and former officers and employees of contracting and subcontracting agencies or agreeing parties having access to such information. Such information shall not be available to Board members or other manufacturers for the U.S. market. Only those persons having a specific need for such information solely to effectively administer the provisions of this subpart shall have access to such information. Only such information so obtained as the Secretary deems relevant shall be disclosed by them, and then only in a judicial proceeding or administrative hearing brought at the direction, or at the request, of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving this subpart. Nothing in this section shall be deemed to prohibit: (a) The issuance of general statements based upon the reports of the number of persons subject to this subpart or statistical data collected therefrom, which statements do not identify the information furnished by any person; and (b) The publication, by direction of the Secretary, of the name of any person who has been adjudged to have violated this part, together with a statement of the particular provisions of this part violated by such person.
7:7:10.1.1.1.11.1.181.50 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.80 Right of the Secretary. AMS       All fiscal matters, programs or projects, contracts, rules or regulations, reports, or other substantive actions proposed and prepared by the Board shall be submitted to the Secretary for approval.
7:7:10.1.1.1.11.1.181.51 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.81 Referenda. AMS     [76 FR 22755, Apr. 22, 2011, as amended at 81 FR 59427, Aug. 30, 2016; 84 FR 50300, Sept. 25, 2019] (a) Initial referendum. The Order shall not become effective unless the Order is approved by a majority of domestic manufacturers and importers voting in the referendum who also represent a majority of the volume of softwood lumber represented in the referendum who, during a representative period determined by the Secretary, have been engaged in the domestic manufacturing or importation of softwood lumber. A single entity who domestically manufactures and imports softwood lumber may cast one vote in the referendum. (b) Subsequent referenda. The Secretary shall conduct subsequent referenda: (1) For the purpose of ascertaining whether manufacturers for the U.S. market favor the continuation, suspension, or termination of the Order; (2) No later than seven years after the Order becomes effective and every seven years thereafter, to determine whether softwood lumber manufacturers for the U.S. market favor the continuation of the Order. The Order shall continue if it is favored by a majority of domestic manufacturers and importers voting in the referendum who also represent a majority of the volume of softwood lumber represented in the referendum who, during a representative period determined by the Secretary, have been engaged in the domestic manufacturing or importation of softwood lumber; (3) At the request of the Board established in this Order; (4) At the request of 10 percent or more of the number of persons eligible to vote in a referendum as set forth under the Order; or (5) At any time as determined by the Secretary.
7:7:10.1.1.1.11.1.181.52 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.82 Suspension or termination. AMS       (a) The Secretary shall suspend or terminate this part or subpart or a provision thereof, if the Secretary finds that this part or subpart or a provision thereof obstructs or does not tend to effectuate the purposes of the Act, or if the Secretary determines that this subpart or a provision thereof is not favored by persons voting in a referendum conducted pursuant to the Act. (b) The Secretary shall suspend or terminate this subpart at the end of the fiscal period whenever the Secretary determines that its suspension or termination is favored by a majority of domestic manufacturers and importers voting in the referendum who also represent a majority of the volume represented in the referendum who, during a representative period determined by the Secretary, have been engaged in the domestic manufacturing or importation of softwood lumber. (c) If, as a result of a referendum the Secretary determines that this subpart is not approved, the Secretary shall: (1) Not later than one hundred and eighty (180) calendar days after making the determination, suspend or terminate, as the case may be, the collection of assessments under this subpart. (2) As soon as practical, suspend or terminate, as the case may be, activities under this subpart in an orderly manner.
7:7:10.1.1.1.11.1.181.53 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.83 Proceedings after termination. AMS       (a) Upon termination of this subpart, the Board shall recommend to the Secretary up to nine of its members, representing all regions specified in § 1217.40(b), three of whom shall be importers and six of whom shall be domestic manufacturers, to serve as trustees for the purpose of liquidating the Board's affairs. Such persons, upon designation by the Secretary, shall become trustees of all of the funds and property then in the possession or under control of the Board, including claims for any funds unpaid or property not delivered, or any other existing claim at the time of such termination. (b) The said trustees shall: (1) Continue in such capacity until discharged by the Secretary; (2) Carry out the obligations of the Board under any contracts or agreements entered into pursuant to the Order; (3) From time to time account for all receipts and disbursements and deliver all property on hand, together with all books and records of the Board and trustees, to such person or person as the Secretary directs; and (4) Upon request of the Secretary execute such assignments or other instruments necessary or appropriate to vest in such persons title and right to all of the funds, property, and claims vested in the Board or the trustees pursuant to the Order. (c) Any person to whom funds, property, or claims have been transferred or delivered pursuant to the Order shall be subject to the same obligations imposed upon the Board and upon the trustees. (d) Any residual funds not required to defray the necessary expenses of liquidation shall be turned over to the Secretary to be disposed of, to the extent practical, to one or more softwood lumber industry organizations in the United States whose mission is generic softwood lumber promotion, research, and information programs.
7:7:10.1.1.1.11.1.181.54 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.84 Effect of termination or amendment. AMS       Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant thereto, or the issuance of any amendment to either thereof, shall not: (a) Affect or waive any right, duty, obligation, or liability which shall have arisen or which may thereafter arise in connection with any provision of this subpart or any regulation issued thereunder; (b) Release or extinguish any violation of this subpart or any regulation issued thereunder; or (c) Affect or impair any rights or remedies of the United States, or of the Secretary or of any other persons, with respect to any such violation.
7:7:10.1.1.1.11.1.181.55 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.85 Personal liability. AMS       No member or employee of the Board shall be held personally responsible, either individually or jointly with others, in any way whatsoever, to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as such member or employee, except for acts of dishonesty or willful misconduct.
7:7:10.1.1.1.11.1.181.56 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.86 Separability. AMS       If any provision of this subpart is declared invalid or the applicability of it to any person or circumstances is held invalid, the validity of the remainder of this subpart, or the applicability thereof to other persons or circumstances shall not be affected thereby.
7:7:10.1.1.1.11.1.181.57 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.87 Amendments. AMS       Amendments to this subpart may be proposed from time to time by the Board or any interested person affected by the provisions of the Act, including the Secretary.
7:7:10.1.1.1.11.1.181.58 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER A Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order   § 1217.88 OMB Control numbers. AMS     [84 FR 50300, Sept. 25, 2019] The control numbers assigned to the information collection requirements by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, are OMB control number 0505-0001 (Board nominee background statement) and OMB control number 0581-0093.
7:7:10.1.1.1.11.2.182.1 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER B Subpart B—Referendum Procedures   § 1217.100 General. AMS       Referenda to determine whether eligible domestic manufacturers and importers favor the issuance, continuance, amendment, suspension, or termination of the Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order shall be conducted in accordance with this subpart.
7:7:10.1.1.1.11.2.182.2 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER B Subpart B—Referendum Procedures   § 1217.101 Definitions. AMS     [76 FR 46193, Aug. 2, 2011, as amended at 84 FR 50300, Sept. 25, 2019] For the purposes of this subpart: (a) Administrator means the Administrator of the Agricultural Marketing Service, with power to delegate, or any officer or employee of the U.S. Department of Agriculture to whom authority has been delegated or may hereafter be delegated to act in the Administrator's stead. (b) Customs or CPB means Customs and Border Protection, an agency of the United States Department of Homeland Security. (c) Department or USDA means the U.S. Department of Agriculture or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in the Secretary's stead. (d) Eligible domestic manufacturer means any person who manufactured and shipped 15 million board feet or more of softwood lumber in the United States during the representative period. (e) Eligible importer means any person who imported 15 million board feet or more of softwood lumber into the United States during the representative period as a principal or as an agent, broker, or consignee of any person who manufactured softwood lumber outside of the United States for sale in the United States, and who is listed as the importer of record for such softwood lumber. Importation occurs when softwood lumber manufactured outside of the United States is released from custody by Customs and introduced into the stream of commerce in the United States. Included are persons who hold title to foreign-manufactured softwood lumber immediately upon release by Customs, as well as any persons who act on behalf of others, as agents or brokers, to secure the release of softwood lumber from Customs when such softwood lumber is entered or withdrawn for use in the United States. (f) Manufacture means the process of transforming softwood logs into softwood lumber. (g) Order means the Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order. (h) Person means any individual, group of individuals, partnership, corporation, asso…
7:7:10.1.1.1.11.2.182.3 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER B Subpart B—Referendum Procedures   § 1217.102 Voting. AMS       (a) Each eligible domestic manufacturer and importer of softwood lumber shall be entitled to cast only one ballot in the referendum. However, each domestic manufacturer in a landlord/tenant relationship or a divided ownership arrangement involving totally independent entities cooperating only to manufacture softwood lumber, in which more than one of the parties is a domestic manufacturer or importer, shall be entitled to cast one ballot in the referendum covering only such domestic manufacturer or importer's share of ownership. (b) Proxy voting is not authorized, but an officer or employee of an eligible corporate domestic manufacturer or importer, or an administrator, executor, or trustee of an eligible entity may cast a ballot on behalf of such entity. Any individual so voting in a referendum shall certify that such individual is an officer or employee of the eligible entity, or an administrator, executive, or trustee of an eligible entity and that such individual has the authority to take such action. Upon request of the referendum agent, the individual shall submit adequate evidence of such authority. (c) A single entity who domestically manufactures and imports softwood lumber may cast one vote in the referendum. (d) All ballots are to be cast by mail or other means, as instructed by the Department.
7:7:10.1.1.1.11.2.182.4 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER B Subpart B—Referendum Procedures   § 1217.103 Instructions. AMS       The referendum agent shall conduct the referendum, in the manner provided in this subpart, under the supervision of the Administrator. The Administrator may prescribe additional instructions, consistent with the provisions of this subpart, to govern the procedure to be followed by the referendum agent. Such agent shall: (a) Determine the period during which ballots may be cast; (b) Provide ballots and related material to be used in the referendum. The ballot shall provide for recording essential information, including that needed for ascertaining whether the person voting, or on whose behalf the vote is cast, is an eligible voter; (c) Give reasonable public notice of the referendum: (1) By using available media or public information sources, without incurring advertising expense, to publicize the dates, places, method of voting, eligibility requirements, and other pertinent information. Such sources of publicity may include, but are not limited to, print and radio; and (2) By such other means as the agent may deem advisable. (d) Mail to eligible domestic manufacturers and importers whose names and addresses are known to the referendum agent, the instructions on voting, a ballot, and a summary of the terms and conditions of the proposed Order. No person who claims to be eligible to vote shall be refused a ballot; (e) At the end of the voting period, collect, open, number, and review the ballots and tabulate the results in the presence of an agent of a third party authorized to monitor the referendum process; (f) Prepare a report on the referendum; and (g) Announce the results to the public.
7:7:10.1.1.1.11.2.182.5 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER B Subpart B—Referendum Procedures   § 1217.104 Subagents. AMS       The referendum agent may appoint any individual or individuals necessary or desirable to assist the agent in performing such agent's functions of this subpart. Each individual so appointed may be authorized by the agent to perform any or all of the functions which, in the absence of such appointment, shall be performed by the agent.
7:7:10.1.1.1.11.2.182.6 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER B Subpart B—Referendum Procedures   § 1217.105 Ballots. AMS       The referendum agent and subagents shall accept all ballots cast. However, if an agent or subagent deems that a ballot should be challenged for any reason, the agent or subagent shall endorse above their signature, on the ballot, a statement to the effect that such ballot was challenged, by whom challenged, the reasons therefore, the results of any investigations made with respect thereto, and the disposition thereof. Ballots invalid under this subpart shall not be counted.
7:7:10.1.1.1.11.2.182.7 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER B Subpart B—Referendum Procedures   § 1217.106 Referendum report. AMS       Except as otherwise directed, the referendum agent shall prepare and submit to the Administrator a report on the results of the referendum, the manner in which it was conducted, the extent and kind of public notice given, and other information pertinent to the analysis of the referendum and its results.
7:7:10.1.1.1.11.2.182.8 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER B Subpart B—Referendum Procedures   § 1217.107 Confidential information. AMS       The ballots and other information or reports that reveal, or tend to reveal, the vote of any person covered under the Order and the voter list shall be strictly confidential and shall not be disclosed.
7:7:10.1.1.1.11.2.182.9 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER B Subpart B—Referendum Procedures   § 1217.108 OMB control number. AMS     [84 FR 50300, Sept. 25, 2019] The control number assigned to the information collection requirement in this subpart by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 4 U.S.C. is OMB control number 0581-0093.
7:7:10.1.1.1.11.3.182.1 7 Agriculture XI   1217 PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER C Subpart C—Rules and Regulations   § 1217.520 Late payment and interest charges for past due assessments. AMS       (a) A late payment charge shall be imposed on any domestic manufacturer or importer who fails to make timely remittance to the Board of the total assessments for which they are liable. The late payment will be imposed on any assessments not received within 60 calendar days of the date they are due. This one-time late payment charge shall be 10 percent of the assessments due before interest charges have accrued. (b) In addition to the late payment charge, 1 1/2 percent per month interest on the outstanding balance, including any late payment and accrued interest, will be added to any accounts for which payment has not been received by the Board within 60 calendar days after the day assessments are due. Interest will continue to accrue monthly until the outstanding balance is paid to the Board.

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