[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
[Page ]
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]
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