[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Rules and Regulations]
[Pages 15229-15230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7125]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

15 CFR Part 2012


Implementation of Tariff-Rate Quota for Imports of Beef

agency: Office of the United States Trade Representative.

action: Interim rule with request for comments.

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summary: This rule provides for export certificates to accompany 
imports of beef under the tariff-rata quota for beef established as a 
result of the Uruguay Round Agreements.

dates: Interim rule effective on March 23, 1995. Comments must be 
received on or before May 22, 1995.

[[Page 15230]] addresses: Comments may be sent to Len Condon, Deputy 
Assistant United States Trade Representative for Agricultural Affairs, 
Office of the United States Trade Representative, 600 17th Street NW., 
Washington, DC 20506.

for further information contact: Len Condon, Deputy Assistant United 
States Trade Representative for Agricultural Affairs, Office of the 
United States Trade Representative, 600 17th Street NW., Washington, DC 
20506; telephone: (202) 395-6127.

SUPPLEMENTARY INFORMATION:

Background

    As a result of the Uruguay Round Agreements, approved by the 
Congress in section 101 of the Uruguay Round Agreement Act (URAA) Pub. 
L. 103-465), the President, by Presidential Proclamation No. 6763, has 
established a tariff-rate quota for beef. (Under a tariff-rate quota, 
the United States applies one tariff rate, known as the ``in-quota 
tariff rate,'' to imports of a product up to a particular amount, known 
as the ``in-quota quantity,'' and a different, higher tariff rate, 
known as the ``over-quota tariff rate,'' to imports of the product in 
excess of that amount.) The United States has also agreed to assign 
Australia, Japan, and New Zealand particular shares of the in-quota 
quantity.
    Additional U.S. note 3 to chapter 2 of the Harmonized Tariff 
Schedule of the United States, as added by the Annex to Proclamation 
No. 6763, provides that imports under the tariff-rate quota for beef 
``are subject to regulations issued by the United States Trade 
Representative.''
    As part of the implementation of this tariff-rate quota, the United 
States is offering exporting countries that have an allocation of the 
in-quota quantity the opportunity to use export certificates for their 
beef exports to the United States. Using export certificates assures an 
exporting country that only those exports that it intends for the 
United States market are counted against its in-quota allocation, and 
in this instance ensures that imports do not disrupt the orderly 
marketing of beef in the United States. However, a country does not 
need to participate in the export certificate program to receive the 
in-quota tariff rate for its share of the in-quota quantity.
    The government of New Zealand has specifically requested that the 
opportunity to use export certificates be made available to it and had 
requested that this opportunity be available as of January 1, 1995. It 
was not possible to promulgate the necessary regulations by January 1, 
1995, but the United States government is responding to the request of 
the government of New Zealand as promptly as possible.
    Under the interim rule, a country wishing to avail itself of export 
certificates must notify USTR, provide the necessary supporting 
information, and otherwise satisfy USTR that the country is a 
participating country. (USTR intends to publish a notice in the Federal 
Register whenever a country becomes, or ceases to be, a participating 
country.) The United States Customs Service will then be responsible 
for ensuring that no imports of beef from that country are counted 
against the country's in-quota allocation unless there is a proper 
export certificate for that beef.
    The Customs Service will separately issue regulations governing 
Customs implementation of this rule. Accordingly, no export 
certificates will be required for imports from a country until the 
Customs Service regulations are in effect and USTR determines that the 
country is a participating country.

Review

    This rule has been determined to be a ``significant regulatory 
action'' under Executive Order 12866 and has been reviewed by the 
Office of Management and Budget.
    The information collection requirements referred to in this rule 
will be submitted to the Office of Management and Budget by the Customs 
Service in accordance with 44 U.S.C. Chapter 35 for approval under OMB 
Number 1515-0065.
    No regulatory flexibility analysis is required for this rule since 
neither 5 U.S.C. 553 nor any other provision of law requires 
publication of a general notice of proposed rulemaking with respect to 
this rule. However, the United States Trade Representative has also 
determined that the rule will not have a significant economic impact on 
a substantial number of small entities.

List of Subjects in 15 CFR Part 2012

    Beef, Export certificates, Imports, Meat, Tariff-rate quotas.

    For the reasons set out in the preamble, 15 CFR is amended by 
adding the following new part 2012 to read as follows:

PART 2012--IMPLEMENTATION OF TARIFF-RATE QUOTAS FOR BEEF

Sec.
2012.1  Purpose.
2012.2  Definitions.
2012.3  Export certificates.

    Authority: Proclamation No. 6763; sec. 404, Pub. L. 103-465, 108 
Stat. 4809.


Sec. 2012.1  Purpose.

    The purpose of this part is to provide for the implementation of 
the tariff-rate quota for beef established as a result of the Uruguay 
Round Agreements, approved by the Congress in section 101 of the 
Uruguay Round Agreements Act (Pub. L. 103-465). In particular, this 
part provides for the administration of export certificates where a 
country that has an allocation of the in-quota quantity under the 
tariff-rate quota has chosen to use export certificates.


Sec. 2012.2  Definitions.

    Unless the context otherwise requires, for the purpose of this 
subpart, the following terms shall have the meanings assigned below.
    (a) Beef means any article classified under any of the subheadings 
of the HTS specified in additional U.S. note 3 to chapter 2 of the HTS.
    (b) Allocated country means a country to which an allocation of a 
particular quantity of beef has been assigned under additional U.S. 
note 3 to chapter 2 of the HTS.
    (c) Enter means to enter, or withdraw from warehouse, for 
consumption.
    (d) HTS means the Harmonized Tariff Schedule of the United States.
    (e) Participating country means any allocated country that USTR has 
determined is, and notified the U.S. Customs Service as being eligible 
to use export certificates.
    (f) USTR means the United States Trade Representative or the 
designee of the United States Trade Representative.


Sec. 2012.3  Export certificates.

    (a) Beef may only be entered as a product of a participating 
country if the importer makes a declaration to the Customs Service, in 
the form and manner determined by the Customs Service, that a valid 
export certificate is in effect with respect to the beef.
    (b) To be valid, an export certificate shall:
    (1) Be issued by or under the supervision of the government of the 
participating country;
    (2) Specify the name of the exporter, the product description and 
quantity, and the calendar year for which the export certificate is in 
effect;
    (3) Be distinct and uniquely identifiable; and
    (4) Be used in the calendar year for which it is in effect.
Michael Kantor,
United States Trade Representative.
[FR Doc. 95-7125 Filed 3-22-95; 8:45 am]
BILLING CODE 3190-01-M