§ 617. — Refund on goods exported; bond to suspend tax on commodity intended for export.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC617]
TITLE 7--AGRICULTURE
CHAPTER 26--AGRICULTURAL ADJUSTMENT
SUBCHAPTER III--COMMODITY BENEFITS
Sec. 617. Refund on goods exported; bond to suspend tax on
commodity intended for export
(a) Upon the exportation to any foreign country (and/or to the
Virgin Islands, American Samoa, the Canal Zone, and the island of Guam)
of any product processed wholly or partly from a commodity with respect
to which product or commodity a tax has been paid or is payable under
this chapter, the tax due and payable or due and paid shall be credited
or refunded. Under regulations prescribed by the Commissioner of
Internal Revenue, with the approval of the Secretary of the Treasury,
the credit or refund shall be allowed to the consignor named in the bill
of lading under which the product is exported or to the shipper or to
the person liable for the tax provided the consignor waives any claim
thereto in favor of such shipper or person liable for the tax. In the
case of rice, a tax due under this chapter which has been paid by a tax-
payment warrant shall be deemed for the purposes of this subsection to
have been paid; and with respect to any refund authorized under this
section, the amount scheduled by the Commissioner of Internal Revenue
for refunding shall be paid, any provision of law notwithstanding. In
the case of sugar beets and sugarcane, this subsection shall be
applicable to exports of products thereof to the Virgin Islands,
American Samoa, the Canal Zone, and/or the island of Guam only if this
chapter with respect to sugar beets and sugarcane is not made applicable
thereto. The term ``product'' includes any product exported as
merchandise, or as a container for merchandise, or otherwise.
(b) Upon the giving of bond satisfactory to the Secretary of the
Treasury for the faithful observance of the provisions of this chapter
requiring the payment of taxes, any person shall be entitled, without
payment of the tax, to process for such exportation any commodity with
respect to which a tax is imposed by this chapter, or to hold for such
exportation any article processed wholly or partly therefrom.
(May 12, 1933, ch. 25, title I, Sec. 17, 48 Stat. 40; May 9, 1934, ch.
263, Secs. 12, 13, 48 Stat. 676; Mar. 18, 1935, ch. 32, Sec. 11, 49
Stat. 48; Aug. 24, 1935, ch. 641, Sec. 28, 49 Stat. 770; June 22, 1936,
ch. 690, Sec. 601(a), 49 Stat. 1739; Proc. No. 2695, eff. July 4, 1946,
11 F.R. 7871, 60 Stat. 1352.)
References in Text
For definition of Canal Zone, referred to in subsec. (a), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
Codification
References to the Philippine Islands in subsec. (a) were omitted
from the Code as obsolete in view of the independence proclaimed by the
President of the United States by Proc. No. 2695, cited to text, which
is set out as a note under section 1394 of Title 22, Foreign Relations
and Intercourse.
Amendments
1936--Subsec. (a). Act June 22, 1936, reenacted subsec. (a) for
refund purposes only.
1935--Subsec. (a). Act Aug. 24, 1935, struck out first two sentences
and substituted ``Upon the exportation to any foreign country (and/or to
the Philippine Islands, the Virgin Islands, American Samoa, the Canal
Zone, and the island of Guam) of any product processed wholly or partly
from a commodity with respect to which product or commodity a tax has
been paid or is payable under this chapter, the tax due and payable or
due and paid shall be credited or refunded. Under regulations prescribed
by the Commissioner of Internal Revenue, with the approval of the
Secretary of the Treasury, the credit or refund shall be allowed to the
consignor named in the bill of lading under which the product is
exported or to the shipper or to the person liable for the tax provided
the consignor waives any claim thereto in favor of such shipper or
person liable for the tax.''
Act Mar. 18, 1935, inserted third sentence.
1934--Subsec. (a). Act May 9, 1934, amended subsec. (a) generally.
Subsec. (b). Act May 9, 1934, Sec. 13, substituted ``partly'' for
``in chief value''.
Separability
Validity of remainder of this chapter as not affected should any of
the provisions of this chapter be declared unconstitutional, see section
614 of this title.
Transfer of Functions
Functions of all officers of Department of the Treasury, and
functions of all agencies and employees of such Department, transferred,
with certain exceptions, to Secretary of the Treasury, with power vested
in him to authorize their performance or performance of any of his
functions, by any of such officers, agencies, and employees, by 1950
Reorg. Plan. No. 26, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, set out in the Appendix to Title 5, Government Organization
and Employees. Commissioner of Internal Revenue, referred to in this
section, is an officer of Department the Treasury.
Constitutionality
Unconstitutionality of processing and floor stock taxes, see note
set out under section 616 of this title.
Appropriations
Appropriations for refunds, etc., see note set out under section 610
of this title.
Section Referred to in Other Sections
This section is referred to in section 673 of this title.
