[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)]
[Rules and Regulations]
[Pages 35837-35838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17062]



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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 4

[T.D. 95-54]
RIN 1515-AB46


Filing of Export Certificates

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

ACTION: Final rule.

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SUMMARY: This document amends 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 if a statement is 
provided to Customs 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.

EFFECTIVE DATE: August 11, 1995.

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

SUPPLEMENTARY INFORMATION:

Background

    In this document, Customs amends its regulations so that there will 
be consistency between regulations of the U.S. Department of 
Agriculture (USDA) and those of Customs regarding the time frame within 
which an exporter must file a certificate certifying the wholesomeness 
of meat or meat-food 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).
    On May 16, 1994, Customs published a Notice of Proposed Rulemaking 
in the Federal Register (59 FR 25376) in which it proposed amending the 
Customs Regulations so that they would conform to the USDA Regulations 
which governed the duties of exporters of meat and meat products and 
which had been amended at an earlier date.
    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, 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 or meat products.

Analysis of Comments

    In response to its request for comments on the Notice of Proposed 
Rulemaking, Customs received only one comment and that comment 
supported the proposed amendment. The comment also suggested that 
Customs undertake additional measures to coordinate interagency 
activities. Because this suggestion exceeds the scope of the original 
proposal, Customs need not address it here. However, should Customs 
determine any additional actions should be taken in the future, a new 
Notice of Proposed Rulemaking will be published.

Determination

    After further consideration of the proposal and in light of the 
only comment received supporting the proposal, Customs has determined 
that it should amend that section of its regulations governing the 
clearance of vessels carrying meat and meat products. Section 4.72(a) 
of the Customs Regulations (19 CFR 4.72(a)) is being amended so that 
rather than withhold clearance until copies of the USDA issued export 
certificates have been filed with the district director, Customs can 
now grant clearance to vessels when a statement is submitted to Customs 
describing the shipment and the export certificates. Shippers will 
still have to comply with the 4-day time limit of Sec. 4.75 for 
submitting copies of the USDA export certificates.

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 
amendment 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.

Amendment to the Regulations

    For the reasons set forth above, part 4, Customs Regulations (19 
CFR part 4), is amended as set forth below. 

[[Page 35838]]


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 amended 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 a 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 U.S. Department of 
Agriculture 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 period prescribed by Sec. 4.75.
* * * * *
George J. Weise,
Commissioner of Customs.

    Approved: June 26, 1995.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 95-17062 Filed 7-11-95; 8:45 am]
BILLING CODE 4820-02-P