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USDA/FSA RIN: 0560-AH53 Publication ID: Spring 2009 
Title: Defining Sugar Subject to Marketing Allocations 
Abstract: In 7 CFR 1435.2, USDA planned to modifying the definition of "Sugar" to mean any grade or type of saccharine product derived, directly or indirectly, from sugarcane, sugar beets, sugarcane molasses, or sugar beet molasses and consisting of, or containing, sucrose or invert sugar, including raw sugar, refined crystalline sugar, edible molasses, edible cane syrup, liquid sugar, and in-process sugar. Currently, sugar produced from imported thick juice and similar sugarcane products such as cane syrup and high test molasses are not charged against a seller’s domestic allocation because these products are already considered “sugar,” as defined in the sugar marketing allotment program regulation, upon entry to the United States. However, these products are not classified by the Department of Homeland Security, Bureau of Immigration and Customs Enforcement as “sugar.” Therefore, they are not subject to the sugar tariff-rate quota. This inconsistency in the definition of sugar permits imported beet thick juice and its cane syrup counterparts to circumvent the sugar program. If this is done in significant quantities, it could negatively impact sugar prices resulting in CCC expenditures for sugar purchases. Under the authority in the 2008 Farm Bill for the Sugar Program, CCC incorporated required changes about the definition of sugar into the Sugar program final rule under RIN 0560-AH86. Therefore, this RIN is being withdrawn. 
Agency: Department of Agriculture(USDA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 7 CFR 1435   
Legal Authority: 7 USC 7272   
Legal Deadline:  None
Timetable:
Action Date FR Cite
ANPRM  09/08/2006  71 FR 5301   
ANPRM Comment Period End  11/07/2006    
Merged With RIN 0560-AH86  02/09/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Deirdre Holder
Branch Chief, Regulatory Analysis and PRA Requirements Branch
Department of Agriculture
Farm Production and Conservation Business Center, 1400 Independence Avenue SW,
Washington, DC 20250-0572
Phone:202 205-5851
Email: deirdre.holder@usda.gov