[Federal Register Volume 59, Number 93 (Monday, May 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11857]


[[Page Unknown]]

[Federal Register: May 16, 1994]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 4

RIN 1515-AB46

 

Filing of Export Certificates

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend the Customs Regulations to 
allow a vessel carrying a shipment of meat or meat-food products to be 
cleared before the filing of a copy of an export certificate by 
providing a statement regarding the shipment and the export 
certificate. The copy of the export certificate must then be presented 
within 4 days of the vessel's clearance. The regulations are being 
amended so that they will conform to revised regulations of the Food 
Safety and Inspection Service of the U.S. Department of Agriculture.

DATES: Comments must be received before July 15, 1994.

ADDRESSES: Comments (preferably in triplicate) should be submitted to 
U.S. Customs Service, ATTN: Regulations Branch, Franklin Court, 1301 
Constitution Avenue, NW., Washington, D.C. 20229, and may be inspected 
at the Regulations Branch, 1099 14th Street, NW., suite 4000, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Barbara Whiting, Carrier Rulings 
Branch, (202) 482-6940.

SUPPLEMENTARY INFORMATION:

Background

    In this document, Customs proposes to amend its regulations so that 
there will be consistency between regulations of the U.S. Department of 
Agriculture (USDA) and those of Customs regarding the timeframe within 
which an exporter must file a certificate certifying the wholesomeness 
of meat products being exported.
    Under the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 et 
seq.), meat and meat products intended and offered for export and sale 
in a foreign country must be inspected. In addition, FMIA prohibits the 
clearance for departure of any vessel carrying meat and meat products 
for export to and sale in a foreign country until the owner or shipper 
has obtained from an inspector a certificate indicating that the 
products are sound and wholesome (unless the Secretary has waived 
certificate requirements for the country).
    In 1986, the Food Safety and Inspection Service (FSIS) of the 
Department of Agriculture, which administers the FMIA, amended its 
regulations. Previously, the FSIS regulations required that exporters 
deliver a duplicate of the export certificate to the shipper for filing 
with Customs at the time the master's manifest or supplemental manifest 
is filed by the chief officer with Customs; that is, on the day of 
departure. Otherwise, the vessel carrying the meat or meat products 
would not be granted clearance. Because Sec. 4.75 of the Customs 
regulations allows shippers a delay of four business days in the filing 
of a Complete Cargo Declaration (manifest), the FSIS regulations were 
amended to allow a vessel carrying a shipment of meat or meat products 
to clear in those instances where the duplicate export certificate is 
not available at departure time. In lieu of the duplicate export 
certificate, the shipper, shipper's agent or the vessel's agent must 
provide Customs with a statement under the shipper's or agent's 
letterhead signed by the shipper which briefly describes the shipment 
of the product, the number of boxes, the number of pounds, the product 
name and the USDA export certificate number that covers the shipment. 
Exporters must file the duplicate export certificate within 4 days of 
the clearance of a vessel carrying a shipment of meat products.
    In order to maintain consistency with Customs and USDA regulations, 
Customs is now proposing to amend that section of its regulations 
governing the clearance of vessels carrying meat products. Section 
4.72(a) of the Customs Regulations (19 CFR 4.72(a)) currently states 
that no clearance shall be granted to a vessel carrying meat or meat-
food product until copies of the export certificates issued by the USDA 
have been filed with the district director. Customs is proposing to 
amend this section so that clearance can be granted to vessels when 
documents complying with the requirements of 9 CFR part 322 of the USDA 
regulations are submitted. Shippers will still have to comply with the 
four-day time limit of Sec. 4.75 for submitting the actual USDA export 
certificate.

Comments

    Before adopting the proposed amendment, consideration will be given 
to any written comments timely submitted to Customs. Comments submitted 
will be available for public inspection in accordance with the Freedom 
of Information Act (5 U.S.C. 552), Sec. 1.4, Treasury Regulations (31 
CFR 1.4), and Sec. 103.11(b), Customs Regulations (19 CFR 103.11(b)), 
on regular business days between the hours of 9 a.m. and 4:30 p.m. at 
the Regulations Branch, 1099 14th Street, NW., Suite 4000, Washington, 
DC.

Executive Order 12866 and Regulatory Flexibility Act

    This amendment is not a ``significant regulatory action'' within 
the meaning of E.O. 12866. Based on the supplementary information set 
forth above and pursuant to the provisions of the Regulatory 
Flexibility Act (5 U.S.C. 601, et seq.), it is certified that the 
proposed amendment, if adopted, will not have a significant economic 
impact on a substantial number of small entities. Accordingly, it is 
not subject to the regulatory analysis or other requirements of 5 
U.S.C. 603 and 604.

Drafting Information

    The principal author of this document was Peter T. Lynch, 
Regulations Branch, Office of Regulations and Rulings, U.S. Customs 
Service. However, personnel from other offices participated in its 
development.

List of Subjects in 19 CFR Part 4

    Customs duties and inspection, Exports, Meat and meat products, 
Meat inspection, Vessels.

Proposed Amendment

    It is proposed to amend part 4, Customs Regulations (19 CFR part 
4), as set forth below.

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

    1. The general authority citation for part 4 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624; 
46 U.S.C. App. 3, 91;

    2. Paragraph (a) of Sec. 4.72 is revised by adding, at the end 
thereof, two new sentences to read as follows:


Sec. 4.72  Inspection of meat, meat-food products, and inedible fats.

    (a) * * * If such certificate has been obtained but is unavailable 
at the scheduled time of the vessel's departure, the vessel may be 
cleared on the basis of the receipt of a statement, under the shipper's 
or shipper's agent's letterhead, certifying the number of boxes, the 
number of pounds, the product name and the USDA export certificate 
number that covers the shipment of the product. If such statement has 
been used as the basis for obtaining vessel clearance, the duplicate of 
the certificate must be filed with Customs within the time prescribed 
by Sec. 4.75 of this part.
* * * * *
Samuel H. Banks,
Acting Commissioner of Customs.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
    Approved: April 28, 1994.

[FR Doc. 94-11857 Filed 5-13-94; 8:45 am]
BILLING CODE 4820-02-P