#### § 1530.101 Definitions.

*Affiliated persons* means two or more persons where one or more of said persons directly or indirectly controls or has the power to control the other(s), or, a third person controls or has the power to control the others. Indications of control include, but are not limited to: interlocking management or ownership, identity of interests among family members, shared facilities and equipment, and common use of employees.

*Agent* means a person who represents the licensee in any program transaction. An agent shall not, at any time, own any of the product produced by the program licensee. Agents may include brokers, shippers, freight forwarders, expediters, and co-packers.

*Bond or letter of credit* means an insurance agreement pledging surety for the entry of foreign sugar without the required re-export within the program guidelines.

*Certain polyhydric alcohols* means any polyhydric alcohol, except polyhydric alcohol produced by distillation or polyhydric alcohol used as a substitute for sugar as a sweetener in human food.

*Co-packer* means a person who adds value to a licensed manufacturer's product, or produces a product for export by a licensed manufacturer.

*Date of entry* means the date raw sugar enters the U.S. Customs Territory.

*Date of export* means the date refined sugar or sugar containing products are exported from the U.S. Customs Territory, or, if exported to a restricted foreign trade zone, the date shown on the U.S. Customs Service form designating the product as restricted for export.

*Date of transfer* means the date that ownership of program sugar is conveyed from a refiner to a manufacturer or producer licensee.

*Day* means calendar day. When the day for complying with an obligation under this part falls on a weekend or Federal holiday, the obligation may be completed on the next business day.

*Documentation agreement* means a signed and notarized letter from a licensee specifying certain documentation that the licensee shall obtain and maintain on file before said licensee requests from USDA updating of a license balance.

*Enter or entry* means importation into the U.S. Customs Territory, or withdrawal from warehouse for consumption, as those terms are used by the U.S. Customs Service.

*Export* means the conveyance (shipment) of sugar or a sugar containing product from a licensee under this part to a country outside the U.S. Customs Territory, or to a restricted foreign trade zone.

*Licensing Authority* means a person designated by the Director, Import Policies and Programs Division, Foreign Agricultural Service, USDA.

*Manufacturer* means a person who produces or causes to be produced on their behalf a sugar containing product for export under the provisions of this part.

*Person* means any individual, partnership, corporation, association, estate, trust, or any other business enterprise or legal entity.

*Program sugar* means sugar that has been charged or credited to the license of a licensee in conformity with the provisions of this part.

*Program transaction* means an appropriate entry, transfer, use, or export of program sugar.

*Refined sugar* means any product that is produced by a refiner by refining raw cane sugar and that can be marketed as commercial, industrial or retail sugar.

*Refiner* means any person in the U.S. Customs Territory that refines raw cane sugar through affination or defecation, clarification, and further purification by absorption or crystallization.

*Sugar containing product* means any product, other than those products normally marketed by cane sugar refiners, that is produced from refined sugar or to which refined sugar has been added as an ingredient.

*Transfer* means the transfer of legal title of program sugar from a licensed refiner to a licensed manufacturer of a sugar containing product or a licensed producer of certain polyhydric alcohols for the production of sugar containing products or the production of certain polyhydric alcohols.

*Unique number* means a tracking number established by a licensee for a transaction (entry, transfer, export, or use). A unique number is established for a transaction to or from a specific country or licensee. The unique number is also assigned by the licensee to a file that contains all of the supporting documentation for the transaction for which it was established. The unique number is the means by which program transactions will be tracked.