[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1903]


  Federal Register / Vol. 59, No. 19 / Friday, January 28, 1994 /   
[Federal Register: January 28, 1994]


                                                    VOL. 59, NO. 19

                                           Friday, January 28, 1994
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DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 16


Restriction on Importation of Meat From Australia and New Zealand

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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SUMMARY: This rule amends the regulations entitled ``Section 204 Import 
Regulations'' to carry out the voluntary restraint agreements 
concerning the level of 1994 meat imports from Australia and New 
Zealand entered into by those countries with the United States pursuant 
to section 204 of the Agricultural Act of 1956, as amended.

EFFECTIVE DATE: January 28, 1994. See SUPPLEMENTARY INFORMATION for 
applicability dates.

FOR FURTHER INFORMATION CONTACT: Gerald Harvey, (202) 720-8031, Dairy, 
Livestock and Poultry Division, Foreign Agricultural Service, USDA, 
room 6616 South Building, Washington, DC 20250.

SUPPLEMENTARY INFORMATION: Pursuant to the authority of section 204 of 
the Agricultural Act of 1956, as amended (7 U.S.C. 1854), and Executive 
Order 11539, as amended, the Office of the United States Trade 
Representative has negotiated agreements with the Governments of 
Australia and New Zealand whereby those countries have voluntarily 
agreed to limit the quantity of certain meats exported to the United 
States during calendar year 1994. The Secretary of Agriculture, with 
the concurrence of the Secretary of State and the United States Trade 
Representative, is authorized to carry out such agreements and to 
implement such action.
    Presently, 7 CFR part 16, subpart A entitled ``Section 204 Import 
Regulations'' contains provisions governing the entry or withdrawal 
from warehouse of certain meats imported from Australia and New Zealand 
during calendar year 1993. This rule amends subpart A to delete the 
provisions relating to Australia and New Zealand for calendar year 1993 
which no longer are in effect and inserts new provisions to carry out 
the voluntary agreements entered into by Australia and New Zealand with 
the United States for calendar year 1994.
    The definition of meat in the regulations encompasses the 
Harmonized Tariff Schedules of the United States (HTS) items which are 
the subject of the voluntary agreements with Australia and New Zealand. 
In order to prevent circumvention of the import limitations, the 
definition also includes meat that would fall within such definition 
but for processing in Foreign-Trade Zones, territories, or possessions 
of the United States. In addition, the regulations impose transshipment 
restrictions which prevent the entry or withdrawal from warehouse for 
consumption of meat from Australia and New Zealand unless exported from 
those countries as direct shipments or on through bills of lading or, 
if processed in Foreign-Trade Zones, territories or possessions of the 
United States, shipped as direct shipments or on through bills of 
lading from such areas.

Applicability Date

    Meat released under the provisions of sections 448(b) and 
484(a)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1448(b) (immediate 
delivery), and 19 U.S.C. 1484(a)(1)(A) (entry)), prior to January 28, 
1994, shall not be denied entry.
    This action has been determined to involve foreign affairs 
functions of the United States. Therefore, this regulation falls within 
the foreign affairs exception to Executive Order 12291 and the 
provisions of 5 U.S.C. 553 with respect to proposed rulemaking. 
Further, the provisions of the Regulatory Flexibility Act do not apply 
to this rule since the proposed rulemaking provisions of 5 U.S.C. 553 
do not apply.

List of Subjects in 7 CFR Part 16

    Imports, Meat and meat products.

    Accordingly, the regulations at 7 CFR part 16, subpart A entitled 
``Section 204 Import Regulations'' are amended to read as follows:

PART 16--LIMITATION ON IMPORTS OF MEAT

    1. The authority citation for part 16 is revised to read as 
follows:

    Authority: 19 U.S.C. 2253 note, 7 U.S.C. 1854, and E.O. 11539 
(35 FR 10733), as amended by E.O. 12188 (45 FR 989).

    2. Section 16.4 is revised to read as follows:


Sec. 16.4  Transshipment restrictions.

    During calendar year 1994, no meat of Australian or New Zealand 
origin may be entered or withdrawn from warehouse for consumption in 
the United States unless (a) it is exported into the Customs Territory 
of the United States as a direct shipment or on a through bill of 
lading from the country of origin or, (b) if processed in Foreign-Trade 
Zones, territories, or possessions of the United States, it is exported 
into the Customs Territory of the United States as a direct shipment on 
a through bill of lading from the Foreign-Trade Zone, territory or 
possession of the United States in which it was processed.
    3. Section 16.5 is revised to read as follows:


Sec. 16.5  Quantiative restrictions.

    (a) Import from Australia. During calendar year 1994, no more than 
664.9 million pounds of meat in Harmonized Tariff Schedule of the 
United States subheadings 0201.10.00, 0201.20.40, 0201.20.60, 
0201.30.40, 0201.30.60, 0202.10.00, 0202.20.40, 0202.20.60, 0202.30.40, 
0202.30.60, 0204.21.00, 0204.22.40, 0204.23.40, 0204.41.00, 0204.42.40, 
0204.43.40, or 0204.50.00 may be entered or withdrawn from warehouse 
for consumption in the United States, whether shipped directly or 
indirectly from Australia to the United States.
    (b) Imports from New Zealand. During calendar year 1994, no more 
than 406.6 million pounds of meat exported from New Zealand in the form 
in which it would fall within the definition of meat in Harmonized 
Tariff Schedule of the United States subheadings 0201.10.00, 
0201.20.40, 0201.20.60, 0201.30.40, 0201.30.60, 0202.10.00, 0202.20.40, 
0202.20.60, 0202.30.40, 0202.30.60, 0204.21.00, 0204.22.40, 0204.23.40, 
0204.41.00, 0204.42.40, 0204.43.40, or 0204.50.00 may be entered or 
withdrawn from warehouse for consumption in the United States, whether 
shipped directly or indirectly from New Zealand to the United States.

    Issued at Washington, DC this 18th day of January 1994.
Mike Espy,
Secretary of Agriculture.
[FR Doc. 94-1903 Filed 1-27-94; 8:45 am]
BILLING CODE 3410-10-M