(a) If the applicant has shipped products of the kind specified in the application during the preceding year, a permit shall not be issued for the shipment of experimental packs of more than 10 percent of the quantity of such product shipped by such person in the preceding calendar year. However, when 10 percent represents less than 10,000 containers, a permit may be issued for 10,000 containers, provided that such amount does not exceed the quantity shipped in the preceding year.

(b) If no shipments of such products were made by the applicant during the preceding year, a permit may be issued for the shipment in experimental packs of not more than 10 percent of the quantity which the applicant estimates will be shipped in all types of packs during the current year. However, when 10 percent represents less than 10,000 containers, a permit may be issued for 10,000 containers, provided that such amount does not exceed the quantity to be shipped in the current year.