[Federal Register Volume 60, Number 4 (Friday, January 6, 1995)]
[Rules and Regulations]
[Pages 1989-1996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-298]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 60, No. 4 / Friday, January 6, 1995 / Rules
and Regulations
[[Page 1989]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 6
Dairy Tariff-Rate Import Quota Licensing
AGENCY: Office of the Secretary, USDA.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends Import Regulation 1, Revision 7 which governs
the administration of the import licensing system for certain dairy
products which will be subject to in-quota tariff rates proclaimed in
the Harmonized Tariff Schedule of the United States (HTS), resulting
from entry into force of the Uruguay Round Agreement on January 1,
1995. Most of these products were subject to quotas proclaimed under
section 22 of the Agricultural Adjustment Act of 1933, as amended
(Section 22).
DATES: This interim rule will be effective on January 1, 1995. Comments
should be submitted on or before February 21, 1995 to be assured of
consideration.
ADDRESSES: Comments should be sent to Richard Warsack, Dairy Import
Quota Manager, Import Policies and Programs Division, Room 5531-S,
Foreign Agricultural Service, U.S. Department of Agriculture, 14th and
Independence Avenue, SW., Washington, DC 20250-1000. All comments
received will be available for public inspection in room 5541-S at the
above address.
FOR FURTHER INFORMATION CONTACT: Diana Wanamaker, Group Leader, Import
Programs Group, Import Policies and Programs Division, Room 5531-S,
Foreign Agricultural Service, U.S. Department of Agriculture, 14th and
Independence Avenue, SW., Washington, DC 20250, or telephone (202) 720-
2916.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This interim rule is issued in conformance with Executive Order
12866. It has been determined to be significant for the purposes of
E.O. 12866 and, therefore, has been reviewed by the Office of
Management and Budget (OMB).
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this interim rule since the Office of the Secretary is
not required by 5 U.S.C. 553 or any other provision of law to publish a
notice of proposed rulemaking with respect to the subject matter of
this rule.
Executive Order 12372
This program is not subject to the provisions of Executive Order
12372, which requires intergovernmental consultation with State and
local officials. See notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
Environmental Evaluation
It has been determined by an environmental evaluation that this
action will not have a significant impact on the quality of the human
environment. Therefore, neither an Environmental Assessment nor an
Environmental Impact Statement is needed.
Paperwork Reduction Act
This Interim Final Rule amends the existing information collection
as approved by the Office of Management and Budget (OMB) pursuant to
the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et. seq.), under
OMB control number 0551-0001, expiring June 30, 1997.
Due to the time constraints of implementing the rule immediately,
the agency has requested emergency clearance of this addendum from OMB.
Comments on the information collection may be sent to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
Room 10202, NEOB, Washington, DC 20503. Attention: Desk Officer for
USDA.
Executive Order 12778
This interim rule has been reviewed under Executive Order 12778.
The provisions of this interim rule would have preemptive effect with
respect to any state or local laws, regulations, or policies which
conflict with such provisions or which otherwise impede their full
implementation. The rule would not have retroactive effect.
Background
An Advance Notice of Proposed Rulemaking (the ANPR) was published
in the Federal Register on June 2, 1994, seeking suggestions and
comments on methods for allocating imported dairy products subject to
the in-quota tariff rates to be proclaimed in the HTS as a result of
the entry into force of the Uruguay Round Agreement. The ANPR also
sought suggestions on various other changes intended to update and make
more enforceable the provisions of Import Regulation 1, Revision 7,
codified at 7 CFR Secs. 6.20-6.24 (the Import Regulation). Because of
time constraints this rule will deal only with modifications of the
existing rule necessary to implement the U.S. Uruguay Round commitments
and will become effective January 1, 1995. A proposed rule making
further changes as envisaged in the ANPR will be published in the
future.
This interim rule issues the Import Regulation under the authority
of section 111 of the Uruguay Round Agreements Act and Chapter 4 and
General Note 15 of the Harmonized Tariff Schedule of the United States
(HTS), and amends that regulation to establish the import licensing
system for the quantities of cheese and certain other dairy products
subject to in-quota tariff rates in the HTS. These quantities include
both the quantities which have been subject to an absolute quota under
Section 22 as well as the additional quantities of cheese articles and
certain non-cheese articles negotiated under the Uruguay Round of
multilateral trade negotiations. Certain Uruguay Round country tariff-
rate quotas or increments do not appear in Appendix 3 of this
regulation as they will only take effect when those countries implement
their respective schedules of concessions. The interim rule also
establishes new eligibility requirements and allocation methods for the
new quantities of non-cheese items. In addition, it deletes obsolete
provisions and updates all the references in the regulation to the HTS
[[Page 1990]] to conform to the tariff schedule which becomes effective
on January 1, 1995.
Throughout the regulation, the term ``annual quota'' is replaced by
``annual tariff-rate quota,'' and references to the TSUS are now to the
Harmonized Tariff Schedule of the United States, the Harmonized Tariff
Schedule, or the HTS.
The definitions in section 6.21 are amended to: (1) replace the
term ``annual quota'' with ``annual tariff-rate quota,'' (2) add a
definition of ``Appendix 3'' which sets forth the increments in the
tariff-rate quota quantities for 1995 for certain cheese and non-cheese
articles and the total 1995 tariff-rate quota for butter substitutes to
be administered under this regulation, (3) define the term ``Harmonized
Tariff Schedule of the United States,'' (4) change the reference to the
Licensing Authority, which has moved within the Foreign Agricultural
Service agency structure, (5) add the term ``any country'' which will
apply to in-quota amounts for which there is no country allocation and
to country of origin adjustments provided for in section 6.30, and (6)
change all references to the TSUS to read the HTS.
Section 6.23, which establishes exceptions to the requirement for a
license to enter certain products, is amended to conform with the
exceptions in General Note 15 of the Harmonized Tariff Schedule of the
United States.
The eligibility provisions in section 6.25 are changed to: (1)
eliminate all one-time provisions establishing eligibility for new
historical and non-historical licenses which resulted from the Tokyo
Round Agreement, (2) provide that the eligibility requirements for
supplementary licenses be applied to Appendix 3 cheese articles and
provide eligibility criteria for non-cheese dairy article Appendix 3
supplementary import licenses, and (3) provide for an application
period for licenses to import all 1995 Uruguay Round increments in
cheese and certain non-cheese dairy articles. The eligibility
requirements for the non-cheese articles are significantly more
stringent than the existing cheese requirements. This is to ensure that
licenses are awarded to import/distribution or manufacturing
operations. There is, however, an alternative eligibility requirement
for non-cheese items which requires a greater number of shipments
spread throughout the year than the standard criteria. The alternative
is intended to allow small companies or those seeking less than a
container-load to qualify for license.
Section 6.26 is amended to: (1) eliminate all one-time provisions
establishing the allocation of new historical licenses which resulted
from the Tokyo Round Agreement, (2) update the table of minimum non-
historical license sizes to show the HTS number and quantity in
kilograms, and (3) apply the allocation methods for supplementary
licenses to Appendix 3 cheese articles and establish allocation methods
for Appendix 3 non-cheese articles. The minimum and maximum
supplementary license sizes for non-cheese articles are being set at
higher levels than those which currently apply to cheese articles to
reflect current shipping practices. The allocation method for the new
amounts of non-cheese articles will be a rank-order lottery, in which
applicants are requested to number each license request in a rank
order. Once a license is awarded from among the non-cheese articles to
an applicant, no other non-cheese license will be awarded to that
applicant until all the other applicants have received at least one
non-cheese license for which they applied, provided that the licenses
for which they applied are not already fully allocated.
Section 6.27 is amended to delete the references to Customs Form
7505 which is no longer in use. Sections 6.28, 6.29, and 6.30 are
amended solely to bring them up-to-date and into conformance with the
HTS effective as of January 1, 1995, and to provide coverage for
Appendix 3 articles where appropriate. Section 6.34 is deleted as it is
unnecessary in the body of the rule.
List of Subjects in 7 CFR Part 6
Agricultural commodities, Cheese, Dairy products, Imports, and
Reporting and record keeping requirements.
Interim Rule
Accordingly, 7 CFR Part 6, Subpart--Section 22 Import Quotas,
Secs. 6.20-6.34, and Appendix 1 and Appendix 2 thereto, are amended as
follows:
1. The heading for Secs. 6.20-6.34 is revised to read as follows:
``Subpart--Tariff-Rate Quotas''.
2. The authority citation for sections 6.20-6.34 and the appendices
thereto is revised to read as follows:
Authority: Additional U.S. Notes 6, 7, 12, 14, and 16-25 to
Chapter 4 and General Note 15 of the Harmonized Tariff Schedule of
the United States (19 U.S.C. 1202), Pub. L. 97-258, 96 Stat. 1051
(31 U.S.C. 9701), and sec. 111, Pub. L. 103-465, 108 Stat. 4819.
3. Section 6.20 is revised to read as follows:
Sec. 6.20 Determination.
Additional U.S. Notes 6, 7, 12, 14, and 16 through 25 to Chapter 4
of the Harmonized Tariff Schedule of the United States provide that
imports of the articles enumerated in those notes require import
licenses issued by the U.S. Department of Agriculture. Additional U.S.
Notes 16 through 25 also provide that unfilled allocations may be
reallocated in accordance with regulations issued by the U.S.
Department of Agriculture. General Note 15 provides for certain
exceptions that require the approval of the Secretary of Agriculture.
These regulations shall apply to all articles subject to tariff-rate
quotas, and the exceptions thereto, in accordance with these notes.
4. Section 6.21 is revised to read as follows:
Sec. 6.21 Definitions.
Affiliate means any person or legal entity which owns or is owned
by, in total or in part, directly or indirectly, or controls or is
controlled by another person, persons or legal entity. For a
corporation, ownership interest will be the controlling criterion. If 5
percent or more equity interest in the aggregate is owned or controlled
in a corporation, partnership, estate, or trust by or for a person, a
corporation, a partnership, or a beneficiary of an estate or a trust,
the interest will be considered as owned or controlled by the person,
partnership, corporation, estate or trust. Ownership interest in any
person or legal entity may be attributed to another person or entity in
accordance with Sec. 6.25(b)(3), thereby causing the person or entity
to whom the ownership interest has been attributed to be defined as an
``affiliate'' even though such persons or legal entities have no direct
relation with each other.
Annual tariff-rate quota means the quantity of an article which may
be entered in a quota year as provided for in Appendix 1, Appendix 2
and Appendix 3 at the in-quota tariff rate.
Any country means those countries or territories listed in Annex A,
Schedule C of the Harmonized Tariff Schedule.
Appendix 1 means Appendix 1 to this subpart. Definitions of
articles in this appendix are the same as those provided for in the
Additional U.S. Notes to Chapter 4 of the Harmonized Tariff Schedule.
Appendix 2 means Appendix 2 to this subpart. Definitions of
articles in this appendix are the same as those provided for in the
Additional U.S. Notes to Chapter 4 of the Harmonized Tariff Schedule.
Appendix 3 means Appendix 3 to this subpart. Definitions of
articles in this [[Page 1991]] appendix are the same as those provided
for in the Additional U.S. Notes to Chapter 4 of the Harmonized Tariff
Schedule.
Article means any Harmonized Tariff Schedule article referred to in
Appendix 1, Appendix 2, or Appendix 3 of this supart.
Associate means a party connected with one or more parties,
formally or informally, directly or indirectly, with the common purpose
of obtaining eligibility for additional licenses, one party intending
to use, (and benefit economically from such use) directly or indirectly
the licenses that the other may acquire. Two or more associates of a
third party shall not be deemed to be associates of one another due to
such third-party association only.
Authorized agent means an agent as used in 19 CFR 141.31(a) for
whom the licensee has filed with the District Director of Customs a
limited power of attorney using Customs Form 5291 authorizing such
agent to act for, but only in, the licensee's name.
Basic annual allocation refers to historical quota shares only and
means the quota share of a licensee for an article before any reduction
as authorized under Sec. 6.26(d) has been effected. It will be
calculated on the basis of the annual average amount entered by a
licensee during a predetermined representative base period.
Cheese or cheese products means those cheeses and cheese products
for which standards of identity have been promulgated by the Food and
Drug Administration and/or which are encompassed within 21 CFR part
133.
Country of origin and/or Supplying country mean the country in
which the article subject to the regulation was produced or
manufactured as defined under 19 CFR 134.1(b).
Date of entry is the date when the specified Customs entry form is
properly executed and deposited, together with estimated duties and any
related documents required by law or regulation to be filed with such
form at the time of entry, with the appropriate Customs Officer.
Department means the United States Department of Agriculture.
EC means the twelve European Community countries, viz., Belgium,
Denmark, the Federal Republic of Germany, France, Greece, Ireland,
Italy, Luxembourg, the Netherlands, Portugal, Spain and the United
Kingdom, which for the purposes of this regulation shall be deemed as
one country of origin.
Eligible applicant means a person applying for a license to enter
an article who has established, to the satisfaction of the Licensing
Authority, eligibility to enter such article, in accordance with
Sec. 6.25.
Enter means to make entry, or withdrawal from warehouse, for
consumption by deposit with, and acceptance by, the appropriate Customs
officer of the properly executed entry documents, including invoices,
bills of lading and payment of estimated duties.
Entire dairy products business means the total assets and
operations of the foreign and domestic aspects of a business pertaining
to articles subject to the provisions of this regulation.
Entrepreneurial use means the processing or sale of the article
entered pursuant to the license as a part of the ordinary conduct of
business by a licensee who is managing and assuming the risk of such
business. Such term does not include one who is functioning as a mere
supplier of license.
Harmonized Tariff Schedule means the Harmonized Tariff Schedule of
the United States.
Licensee means any person to whom a license has been issued under
the regulation.
Licensing Authority means the Dairy Import Quota Manager, Import
Policies and Programs Division, Foreign Agricultural Service, U.S.
Department of Agriculture, or any other officer or employee of the
Department acting in his or her behalf.
Other countries refers to countries sharing a common tariff-rate
quota which are not listed as having separate tariff-rate quota
allocations in the Additional U.S. Notes to Chapter 4 of the Harmonized
Tariff Schedule and for the purposes of the regulation are deemed as
one country of origin.
Person includes any individual, firm, corporation, partnership,
association, or other legal entity. It also includes any national
government (other than the Government of the United States and any
agency thereof).
Postmark means the postage cancellation mark applied by the U.S.
Post Office showing the post office and date of mailing. This does not
include metered postage affixed by the applicant or any other private
entity.
Quota means the articles and quantities of such articles subject to
an in-quota rate of duty provided for in the Additional U.S. Notes to
Chapter 4 of the Harmonized Tariff Schedule and covered by this
regulation.
Quota share means that part of the annual tariff-rate quota of an
article listed in Appendix 1, Appendix 2, or Appendix 3 of this subpart
for which a person is eligible.
Quota year means the 12-month period beginning on January 1 of any
given year.
Regulation means the provisions contained in the Licensing
Regulation of this subpart.
United States means the Customs Territory of the United States,
which is limited to the United States, the District of Columbia and
Puerto Rico.
5. Section 6.22 is amended by revising paragraph (a) to read as
follows:
Sec. 6.22 Prohibitions and restrictions on importers.
(a) No person may enter or cause to be entered any article listed
in Appendix 1, Appendix 2, or Appendix 3, except as provided in
Sec. 6.23 or as authorized by a license issued pursuant to this
regulation.
* * * * *
6. Section 6.23 is revised to read as follows:
Sec. 6.23 Exceptions.
Licenses are not required for the entry of:
(a) Products imported by or for the account of any agency of the
U.S. Government.
(b) Products imported for the personal use of the importer,
provided that the net quantity of such product in any one shipment does
not exceed five kilograms.
(c) Products, which will not enter the commerce of the United
States, imported as samples for taking orders, for exhibition, display
or sampling at a trade fair, for research, for use by embassies of
foreign governments or for testing of equipment, provided that written
approval of the Licensing Authority is obtained.
7. Section 6.24 is revised to read as follows:
Sec. 6.24 Application for license.
Applications of the Licensing Authority for the issuance of
licenses to enter articles must be made in writing, addressed to the
Import Licensing Group, Room 5531-S, Import Policies and Programs
Division, Foreign Agricultural Service, U.S. Department of Agriculture,
Washington, D.C. 20250-1000. Each application must indicate the
Additional U.S. Note number of the Harmonized Tariff Schedule and the
country of origin of the article. Unpostmarked applications will not be
approved by the Licensing Authority.
8. Section 6.25 is amended by revising paragraph (a), the
introductory text of paragraph (c)(1), paragraphs (c)(1)(ii),
(c)(1)(iii), (c)(2) and (c)(3) to read as follow: [[Page 1992]]
Sec. 6.25 Eligibility.
(a) Historical eligibility. Historical eligibility for licenses to
enter in-quota shares of articles subject to tariff-rate quotas which
are shown in Appendix 1 and Appendix 2 of this subpart, has already
been established.
* * * * *
(c)(1) Supplementary license eligibility for specific articles of
cheese listed in Appendix 2 and Appendix 3 of this subpart will be
established:
(i) * * *
(ii) By application by a person having historical eligibility for a
particular article shown in Appendix 2 of this subpart from the country
of origin for which such person is seeking supplementary license; or
(iii) By being endorsed in writing by the government of the
supplying country as a preferred importer, with such endorsement being
sent directly from the government of the supplying country through
appropriate channels to the Licensing Authority, and for articles in
Appendix 2 of this subpart by meeting one or both of qualifications in
paragraphs (c)(1)(i) and (ii) of this section. For articles in Appendix
3 of this subpart such qualifications must be met beginning with the
1996 quota year. Endorsement by the government of a supplying country
of a person who is known to the Licensing Authority to have at any time
violated any provision of this or any other regulation or law of the
United States applicable to international commerce will not be
recognized by the Licensing Authority.
(2) Notwithstanding paragraph (b)(4) of this section, certification
required to establish supplementary eligibility for license for
articles under Appendix 3 of this subpart, must be postmarked no
earlier than January 30, 1995 and no later than February 20, 1995.
Importers who may have already submitted supplementary license
certification for cheese during the application period which ended
November 1, 1994 may request license for cheese articles under Appendix
3 of this subpart by submitting an application, provided by the
Licensing Authority upon request, without further documentation,
postmarked as required in this paragraph.
(3) Supplementary eligibility for specific non-cheese articles
listed in Appendix 3 of this subpart will be established by:
(i) Submission of documentary evidence acceptable to the Licensing
Authority as required under paragraphs (b)(2)(i) and (ii) of this
section, and
(ii) Providing documentary evidence that the applicant has made at
least two separate commercial entries or exports of any dairy product
totaling not less than 38,000 kilograms during the 1994 calendar year;
or at least eight separate commercial entries or exports totaling not
less than 18,000 kilograms, each entry or export being a minimum of
2,200 kilograms, with a minimum of two transactions taking place in
each of at least three quarters of the 1994 calendar year. U.S. Customs
Service Consumption entry documents (Entry Summary Form 7501) and proof
of payment in the applicant's name for the entered product and the duty
must be provided showing that such person has made the above commercial
entries or in the case of a person seeking eligibility on the basis of
exports, U.S. Department of Commerce, Bureau of the Census Form 7525-V
and the invoice or other proof that the applicant has made the exports
of dairy products must be provided; or
(iii)(A) Being listed in the Dairy Plants Surveyed and Approved for
USDA Grading Service, and
(B) certifying that the product will be used directly in the
plant's own manufacturing or sales/distribution program.
* * * * *
9. Section 6.26 is amended by removing paragraphs (a)(3) through
(a)(6) and revising the table in paragraph (b)(1) to read as follows:
Sec. 6.26 Allocation of annual quota and issuance of licenses.
* * * * *
(b) * * *
(1) * * *
------------------------------------------------------------------------
HTS Minimum
Article note quantity
No. (kilograms)
------------------------------------------------------------------------
Dried buttermilk and whey......................... 12 1,133
Dried skimmed milk................................ 7 2,267
Dried whole milk.................................. 8 453
Butter............................................ 6 453
Blue-mold cheese.................................. 17 2,267
Cheddar cheese.................................... 18 4,535
American-type cheese.............................. 19 4,535
Edam and Gouda cheese............................. 20 3,175
Italian-type cow's milk cheese.................... 21 2,267
Swiss or Emmenthaler cheese with eye formation.... 25 4,535
Swiss or Emmenthaler cheese other than eye-
formation Gruyere Process........................ 22 4,535
Other cheese NSPF................................. 16 18,143
Other cheese low fat.............................. 23 4,535
------------------------------------------------------------------------
* * * * *
Sec. 6.26 [Amended]
10. Section 6.26 is further amended by removing paragraph (b)(5)
and revising the introductory text of paragraph (c) and the
introductory text of paragraph (c)(3) to read as follows:
(c) Supplementary licenses (pertaining to articles in Appendix 2
and Appendix 3 of this subpart) for cheese articles:
* * * * *
(c)(3) A supplementary quota share for a cheese article in Appendix
2 or Appendix 3 of this subpart from a particular country of origin
other than those provided for in paragraph (c)(2) of this section will
be determined on the following basis:
* * * * *
11. Section 6.26 is further amended by removing paragraph (f) and
by redesignating paragraphs (d) and (e) as paragraphs (e) and (f). A
new paragraph (d) is added to read as follows:
Sec. 6.26 Allocation of annual quota and issuance of licenses.
* * * * *
(d) Supplementary licenses (pertaining to articles in Appendix 3 of
this subpart) for non-cheese articles:
(1) A person with its affiliate(s) or associate(s) will be
considered only as one person for the purpose of allocation of such
supplementary quota shares. However, a person with an Appendix 1
historical license for such article initially issued for a quota year
prior to 1995 is not precluded from applying for such supplementary
quota shares.
(2) The size of a supplementary quota share issued to an eligible
applicant shall not exceed 57,000 kilograms.
(3) If, after applications for supplementary licenses have been
evaluated and tabulated, the Licensing Authority determines that
eligible applicants for shares of a particular non-cheese tariff-rate
quota in Appendix 3 of this subpart have appropriately requested
amounts which together exceed the amount available for allocation, the
Licensing Authority shall first assign quota shares of not less than
the minimum share as indicated below to each applicant and then prorate
the remaining portion available for allocation among them. The minimum
share shall be as follows:
(i) 19,000 kilograms where the total amount available for
allocation is less than 550,000 kilograms;
(ii) 38,000 kilograms where the total amount available for
allocation is greater than 550,001 kilograms.
(4) If applying for more than one supplementary license for non-
cheese articles covered by this regulation, the [[Page 1993]] applicant
must rank order these requests by the applicable U.S. Additional Note
number for the article being requested. If, after applications for
supplementary licenses have been evaluated and tabulated according to
the rank order submitted, the Licensing Authority determines that the
number of eligible applicants for a minimum tariff-rate quota share for
a particular article from a particular country in Appendix 3 of this
subpart exceeds the number of available minimum tariff-rate quota
shares for that article, the Licensing Authority will then allocate the
licenses by random selection. However, once a license is awarded from
among the non-cheese articles to an applicant, no other non-cheese
license will be awarded to that applicant until all the other
applicants have at least received one such license for which they
applied, provided that the licenses for which they applied are not
already fully allocated. A single tariff-rate quota share for a
particular article of less than the minimum may be issued, if
appropriate, to facilitate full allocation of a particular tariff-rate
quota.
Sec. 6.27 [Amended]
12. Section 6.27 is amended in paragraph (f) by removing ``7505''
and adding ``7501''; and in paragraph (h) by removing the words ``entry
Form 7501 or Customs warehouse withdrawal Form 7505'' and adding in
their place ``Form 7501'' and removing the words ``or 7505''.
13. Section 6.28 is amended by revising the first sentence to read
as follows:
Sec. 6.28 Records and inspection.
Any person making an entry, except as provided in Sec. 6.23, of an
article listed in Appendix 1, Appendix 2, or Appendix 3 of this subpart
is required to retain all records, including invoices of all purchases,
entries, withdrawals, sales and deliveries of such articles for a
period of not less than two years subsequent to the end of the quota
year during which entry was made.
Sec. 6.29 [Amended]
14. Section 6.29 is amended by removing all references in paragraph
(b)(3) to the ``Dairy, Livestock and Poultry Division'' and adding
``Import Policies and Programs Division'' in its place.
Sec. 6.30 [Amended]
15. Section 6.30 is amended in paragraph (a) by removing paragraphs
(a) (1) and (2) and the colon at the end of the introductory text and
by adding the following text:
Sec. 6.30 Adjustment of countries of origin.
(a) * * * any country of origin (global) except where Uruguay Round
commitments require the consent of the supplying country. In such case,
consent will be sought and action taken only if it is granted for
portions of the tariff-rate quota subject to this requirement.
Sec. 6.34 [Removed]
16. Section 6.34 is removed.
17. Appendix 1 and Appendix 2 of the subpart following Sec. 6.34
are revised and a new Appendix 3 is added as follows:
Appendix 1--Articles Subject to the Historical and Nonhistorical
Licensing Provisions of the Import Regulation 1, Revision 7, and
Respective Annual Tariff-Rate Quotas for Each Quota Year
------------------------------------------------------------------------
Annual
historical/
Article by HTS Note No. nonhistorical
quota
(kilograms)
------------------------------------------------------------------------
Group I:
(a) Butter (Note 6)............................... 320,689
EC............................................ 96,161
New Zealand................................... 150,593
Other Countries............................... 73,935
(b) Dried whole milk (Note 8)..................... 3,175
(c) Dried skimmed milk (Note 7)................... 819,641
(d) Dried buttermilk and whey (Note 12)........... 224,981
Group II:
(a) Edam and Gouda cheese (Note 20)............... 5,606,401
EC............................................ 5,248,000
Norway........................................ 167,000
Argentina..................................... 125,000
Sweden........................................ 41,000
Other countries............................... 25,401
(b) Blue-mold cheese (except Stilton made in
England) and cheese and substitutes for cheese
containing or processed from blue-mold cheese
(Note 17)........................................ 2,257,001
EC............................................ 2,255,000
Argentina..................................... 2,000
Other countries............................... 1
Group III:
(a) Cheddar cheese and cheese and substitutes for
cheese containing or processed from Cheddar
cheese (Note 18)................................. 3,667,889
EC............................................ 263,000
Australia..................................... 769,000
New Zealand................................... 2,496,000
Other countries............................... 139,889
(b) American-type cheese, including Colby, washed
curd, and granular cheese (but not including
cheddar) and cheese and substitutes for cheese
containing or processed from such American-type
cheese (Note 19)................................. 2,708,556
EC............................................ 254,000
Australia..................................... 762,000
New Zealand................................... 1,524,000
Other countries............................... 168,556
Group IV:
(a) Italian-type cheese made from cow's milk
(Romano made from cow's milk, Reggiano,
Parmesano, Provolone, Provolette, Sbrinz, and
Goya not in original loaves) (Note 21)........... 5,625,064
EC............................................ 1,810,000
[[Page 1994]]
Argentina..................................... 3,802,000
Other countries............................... 13,064
Group V:
(a) Swiss or Emmenthaler cheese with eye formation
(Note 25)........................................ 9,260,276
EC............................................ 1,767,000
Austria....................................... 3,729,000
Finland....................................... 2,772,000
Israel........................................ 27,000
Norway........................................ 758,000
Switzerland................................... 122,000
Other countries............................... 85,276
(b) Swiss or Emmenthaler cheese other than with
eye formation. Gruyere-process cheese, and cheese
and substitutes for cheese containing, or
processed from such cheese (Note 22)............. 5,061,833
EC............................................ 2,603,000
Austria....................................... 638,000
Finland....................................... 728,000
Switzerland................................... 1,013,000
Other countries............................... 79,833
(c) Cheese and substitutes for cheese (except
cheese not containing cow's milk; soft ripened
cow's milk cheese; cheese (except cottage cheese)
containing 0.5 percent or less by weight of
butterfat), and articles within the scope of
other tariff-rate quotas provided for in
additional U.S. Notes 17 through 25, inclusive,
to this chapter (Note 16)........................ 18,448,859
EC............................................ 10,724,000
Austria....................................... 90,000
Australia..................................... 56,000
Canada........................................ 1,141,000
Finland....................................... 562,000
Iceland....................................... 294,000
Israel........................................ 66,000
New Zealand................................... 3,427,000
Norway........................................ 150,000
Poland........................................ 936,224
Sweden........................................ 774,000
Switzerland................................... 98,000
Other countries............................... 130,635
(d) Cheese and substitutes for cheese, containing
0.5 percent or less by weight of butterfat
(except articles within the scope of other tariff-
rate quotas provided for in additional U.S. Notes
16 through 22, inclusive, or additional U.S.
Notes 24 and 25 to this chapter) and margarine
cheese (Note 23)................................. 3,951,908
EC............................................ 3,777,000
Poland........................................ 174,907
Other countries............................... 1
------------------------------------------------------------------------
Appendix 2--Articles Subject to the Historical and Supplementary
Licensing Provisions of Import Regulation 1, Revision 7, and Respective
Annual Tariff-Rate Quotas for Each Quota Year
------------------------------------------------------------------------
Annual
historical/
Article by HTS Note No. supplementary
quota
(kilograms)
------------------------------------------------------------------------
Group II:
(c) Blue-mold cheese (except stilton made in
England), and cheese and substitutes for cheese
containing, or processed from Blue-mold cheese
(Note 17)........................................ 224,000
EC............................................ 224,000
Group III:
(a) Cheddar cheese, and cheese and substitutes for
cheese containing, or processed from Cheddar
cheese (Note 18)................................. 1,035,000
New Zealand................................... 604,000
Australia..................................... 431,000
(b) American-type cheese, including Colby, washed
curd, and granular cheese (but not including
Cheddar) and cheese and substitutes for cheese
containing, or processed from such American-type
cheese (Note 19)................................. 714,000
New Zealand................................... 476,000
Australia..................................... 238,000
Group IV:
(a) Italian-type cheese made from cow's milk,
(Romano made from cow's milk, Reggiano,
Parmesano, Provolone, Provolette, Sbrinz and Goya
not in original loaves) (Note 21)................ 2,691,000
Argentina..................................... 691,000
EC............................................ 1,572,000
Uruguay....................................... 428,000
Group V:
(a) Swiss or Emmenthaler cheese with eye formation
(Note 25)........................................ 22,595,000
[[Page 1995]]
EC............................................ 4,233,000
Argentina..................................... 80,000
Austria....................................... 2,551,000
Australia..................................... 500,000
Canada........................................ 70,000
Finland....................................... 5,428,000
Iceland....................................... 300,000
Norway........................................ 6,125,000
Switzerland................................... 3,308,000
(b) Swiss or Emmenthaler cheese other than with
eye formation. Gruyere-process cheese; and cheese
and substitutes for cheese containing, or
processed from such cheese (Note 22)............. 2,413,000
EC............................................ 1,022,000
Austria....................................... 282,000
Finland....................................... 272,000
Switzerland................................... 837,000
(c) Cheese and substitutes for cheese (except
cheese not containing cow's milk; soft ripened
cow's milk cheese; cheese (except cottage cheese)
containing 0.5 percent or less by weight of
butterfat), and articles within the scope of
other import quotas provided for in additional
U.S. Notes 17 through 25, inclusive, to this
chapter) (Note 16)............................... 22,383,000
EC............................................ 9,732,000
(of which 353,000 are reserved for
Portugal)
Argentina..................................... 100,000
Australia..................................... 1,244,000
Austria....................................... 560,000
Finland....................................... 738,000
Iceland....................................... 29,000
Israel........................................ 607,000
New Zealand................................... 7,895,000
Sweden........................................ 285,000
Switzerland................................... 1,122,000
Other Countries............................... 71,000
(d) Cheese and substitutes for cheese, containing
0.5 percent or less by weight of butterfat
(except articles within the scope of other import
quotas provided for in additional U.S. Notes 16
through 22, inclusive, or additional U.S. Notes
24 and 25 to this chapter) and margarine cheese
(Note 23)........................................ 1,523,000
EC............................................ 223,000
Israel........................................ 50,000
New Zealand................................... 1,000,000
Sweden........................................ 250,000
------------------------------------------------------------------------
Appendix 3--Certain Articles Subject to the Supplementary Licensing
Provisions of Import Regulation 1, Revision 7, and Respective Annual
Tariff-Rate Import Quotas for 1995
------------------------------------------------------------------------
Annual
Supplementary
Article by HTS Annual Note No. quota
(kilograms)
------------------------------------------------------------------------
Butter (Note 6)................................... 3,656,311
Dried Skim Milk (Note 7).......................... 441,359
Dried Whole Milk (Note 8)......................... 368,125
Butter Substitutes Containing over 45% by weight
of butterfat and butteroil (Note 14)............. 3,480,500
Cheese and substitutes for cheese (except cheese
not containing cow's milk; soft ripened cow's
milk cheese; cheese (except cottage cheese)
containing 0.5 percent or less by weight of
butterfat), and articles within the scope of
other tariff-rate quotas provided for in
additional U.S. Notes 17 through 25, inclusive,
to this chapter) (Note 16)....................... 2,441,666
Australia..................................... 291,666
Costa Rica.................................... 1,000,000
Czech Republic................................ 200,000
Slovak Republic............................... 600,000
Uruguay....................................... 250,000
Any Country................................... 100,000
Blue-mold cheese (except Stilton made in England)
and cheese and substitutes for cheese containing
or processed from blue-mold cheese (Note 17)..... 63,333
Chile......................................... 13,333
Czech Republic................................ 50,000
Cheddar cheese and cheese and substitutes for
cheese containing or processed from Cheddar
cheese (Note 18)................................. 1,245,000
Australia..................................... 208,333
Chile......................................... 36,667
Czech Republic................................ 50,000
New Zealand................................... 850,000
Any Country................................... 100,000
[[Page 1996]]
Edam and Gouda cheese, and cheese and substitutes
for cheese, containing, or processed from, Edam
and Gouda Cheese (Note 20)....................... 210,000
Argentina..................................... 110,000
Czech Republic................................ 100,000
Italian-Type cheese made from cow's milk (Romano
made from cow's milk, Reggiano, Parmesano,
Provolone, Provolette, Sbrinz, and Goya not in
original loaves) and cheese and substitutes for
cheese containing, or processed from, such
Italian-type cheese, whether or not in original
loaves (Note 21)................................. 3,123,333
Argentina..................................... 1,890,000
Uruguay....................................... 750,000
Hungary....................................... 400,000
Romania....................................... 83,333
Swiss-Emmenthaler cheese with eye formation (Note
25).............................................. 800,000
Czech Republic................................ 400,000
Hungary....................................... 400,000
------------------------------------------------------------------------
Signed at Washington, D.C., on December 27, 1994.
Mike Espy,
Secretary of Agriculture.
[FR Doc. 95-298 Filed 1-3-95; 3:51 pm]
BILLING CODE 3410-10-P