[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12014]


[[Page Unknown]]

[Federal Register: May 18, 1994]


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DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service

7 CFR Part 1540

 

Emergency Relief From Duty-Free Imports of Perishable Products 
From Certain Andean Countries

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule adopts without change the interim rule 
published at 58 FR 16103 which establishes the procedure by which an 
entity representative of a U.S. industry producing perishable products 
can submit a request to the United States Department of Agriculture 
(USDA) for emergency relief from increased, injurious imports of like 
perishable products entering the United States duty-free from 
beneficiary countries under the Andean Trade Preference Act.

EFFECTIVE DATE: [Upon publication in the Federal Register.]

FOR FURTHER INFORMATION CONTACT:
Diana Wanamaker, Group Leader for Import Policies, Import Policies and 
Trade Analysis Division, U.S. Department of Agriculture, Washington, DC 
20250. Tel: (202) 720-1330.

SUPPLEMENTARY INFORMATION:

Background

    The Andean Trade Preference Act, title II of Public Law 102-182, 
105 Stat. 1236 (19 U.S.C. 3201 et seq.) (the ``Act'') provides for 
duty-free treatment for imports of eligible articles from beneficiary 
countries designated by Presidential Proclamation. The countries 
eligible for designation are Bolivia, Ecuador, Colombia, and Peru.
    Section 204(e) of the Act provides, in part, that if a petition is 
filed with the United States International Trade Commission pursuant to 
the provisions of section 201 of the Trade Act of 1974, as amended, 
regarding a perishable product and alleging injury from imports from 
beneficiary countries, then the petition may also be filed with the 
Secretary of Agriculture with a request that emergency relief be 
granted by the President.
    Under the interim rule, published in the Federal Register on March 
25, 1993 (58 FR 16103), a U.S. entity seeking emergency relief could 
submit a request to the Administrator, Foreign Agricultural Service, 
USDA, providing such information as is necessary to permit the 
Secretary of Agriculture to make a determination whether to recommend 
to the President to take emergency action. The request should identify 
the perishable product concerned and its country of origin; show that 
increased imports of such perishable product are the substantial cause 
of serious injury, or the threat of serious injury, to the domestic 
industry producing a perishable product like or directly competitive 
with the imported product; and provide a statement indicating why 
emergency action would be warranted.
    Comments on the interim rule were to be submitted by April 26, 
1993. Comment was received from a trade association which expressed 
general support for the Andean Trade Preference Act but did not comment 
specifically on the interim rule except to reiterate that any emergency 
action should meet the statutory criteria and not be based solely upon 
increased imports. Accordingly, this final rule is identical to the 
interim rule.

Regulatory Requirements

    This final rule is issued in accordance with Executive Order 12866, 
and, to the extent consistent with that Executive Order, Department 
Regulation 1512-1 since the rule would not result in:
    (1) An annual effect on the economy of $100 million or more, or 
adversely and materially affect a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities;
    (2) A serious inconsistency or otherwise interfere with an action 
taken or planned by another agency;
    (3) Materially altering the budgetary impact of entitlements, 
grants, user fees, or loan programs; or
    (4) Raising novel legal or policy issues.
    The Acting Administrator, Foreign Agricultural Service, USDA, 
certifies that this final rule will not have a significant economic 
impact on a substantial number of small entities. Its effect is to 
provide to a U.S. industry producing perishable products the 
opportunity to seek interim relief from imports during such time as its 
request under section 201 of the Trade Act of 1974, as amended, is 
under consideration by the United States International Trade 
Commission. Consequently, no regulatory flexibility analysis is 
required under the provisions of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.).
    This rule has been determined to be not significant for purposes of 
Executive Order 12866 and therefore has not been reviewed by OMB.
    It has been determined by an environmental evaluation that this 
action will have no significant impact on the quality of the human 
environment. Therefore, neither an environmental assessment nor an 
Environmental Impact Statement is needed.
    The paperwork requirements imposed by this rule have been approved 
by the Office of Management and Budget, in accordance with the 
Paperwork Reduction Act of 1980, through April 30, 1996 and have been 
assigned OMB No. 0551-0033.
    This program is not subject to the provisions of Executive Order 
12372, which require intergovernmental consultation with state and 
local officials that would provide the non-Federal funds for, or that 
would be directly affected by, proposed Federal financial assistance or 
direct Federal development. This program does not involve such 
assistance or development.

List of Subjects in 7 CFR Part 1540

    Agricultural commodities, Imports, International agricultural 
trade.

    Accordingly, the interim rule adding Subpart C--Emergency Relief 
From Duty-Free Imports of Perishable Products From Certain Andean 
Countries--to 7 CFR part 1540, which was published at 58 FR 16103 on 
March 25, 1993, is adopted as a final rule without change.

    Issued at Washington, DC, this 11th day of May 1994.
Christopher E. Goldthwait,
Acting Administrator, Foreign Agricultural Service.
[FR Doc. 94-12014 Filed 5-17-94; 8:45 am]
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