[Federal Register Volume 60, Number 147 (Tuesday, August 1, 1995)]
[Rules and Regulations]
[Pages 39108-39109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18814]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR PART 132
[T.D. 95-58]
RIN 1515-AB73
Export Certificates for Beef Subject to Tariff-Rate Quota
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Interim rule; solicitation of comments.
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SUMMARY: This document amends the Customs Regulations on an interim
basis in order to set forth the form and manner by which an importer
makes a declaration that a valid export certificate is in effect for
imported beef which is the subject of a tariff-rate quota and the
product of a participating country, as defined in interim regulations
of the United States Trade Representative.
DATES: Interim rule effective August 1, 1995; comments must be received
on or before October 2, 1995.
ADDRESSES: Written comments (preferably in triplicate) may be addressed
to the Regulations Branch, Office of Regulations and Rulings, U.S.
Customs Service, 1301 Constitution Avenue, NW., Washington, DC 20229.
Comments may be inspected at the Regulations Branch, Office of
Regulations and Rulings, Franklin Court, 1099 14th Street, NW., Suite
4000, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Karen Cooper, Quota Branch, (202) 927-
5401.
SUPPLEMENTARY INFORMATION:
Background
As a result of the Uruguay Round Agreements, approved by Congress
in section 101 of the Uruguay Round Agreements Act (Pub. L. 103-465),
the President, by Presidential Proclamation No. 6763, established a
tariff-rate quota for imported beef.
Briefly, 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 another,
higher rate, known as the over-quota tariff rate, to imports of the
product in excess of the given amount. Of course, the preferential, in-
quota tariff rate would be applicable only to the extent that the in-
quota quantity for the country involved had not been exceeded.
The specific imported beef, as well as the various countries,
eligible for the in-quota tariff rate are set forth in Additional U.S.
Note 3, Schedule XX, Chapter 2, of the Harmonized Tariff Schedule of
the United States. The eligible countries which may export such beef to
the United States and avail themselves of the preferential, in-quota
tariff rate include Australia, New Zealand and Japan.
As part of the implementation of the tariff-rate quota for beef,
the United States, specifically, the United States Trade Representative
(USTR), is offering these exporting countries that have an allocation
of the in-quota quantity the opportunity to use export certificates for
their qualifying beef exports to the United States. Although countries
that have an allocation of the in-quota quantity are referred to in the
statutory law as ``participating countries'', for purposes of this
interim rule, a participating country constitutes an allocated country
that has been authorized to participate in the export certificate
program. Notably, New Zealand has already requested the opportunity to
participate in the export certificate program.
While a country does not need to participate in the export
certificate program in order to receive the in-quota
[[Page 39109]]
tariff rate for its share of the in-quota quantity, using export
certificates provides an effective and expeditious means of assuring an
exporting country that only those exports that it intends for the
United States market are counted against its in-quota allocation, which
helps ensure that such exports do not disrupt the orderly marketing of
beef in the United States.
An exporting country using export certificates in this regard must
notify the USTR and provide the necessary supporting information.
Customs will then be responsible for ensuring that no imports of beef
from that country are counted against the country's in-quota allocation
unless such beef is covered by a proper export certificate.
Accordingly, the USTR has undertaken interim rulemaking in this
matter (15 CFR part 2012) (60 FR 15229, March 23, 1995). In addition,
along with the interim rulemaking of the USTR, Customs is issuing this
interim rule in order to set forth the form and manner by which an
importer declares that a valid export certificate exists, including a
unique number therefor which must be referenced on the entry, or
withdrawal from warehouse, for consumption. This interim rule also sets
forth the record retention period for the certificate and requires the
submission of such certificate to Customs upon request.
Comments
Before adopting this interim regulation as a final rule,
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 Department 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, Office of Regulations and Rulings, U.S. Customs
Service, Franklin Court, 1099 14th Street, NW., Washington, DC.
Inapplicability of Notice and Delayed Effective Date Requirements
Pursuant to the provisions of 5 U.S.C. 553(a), public notice is
inapplicable to this interim rule because it is within the foreign
affairs function of the United States. Furthermore, for the above
reason, pursuant to 5 U.S.C. 553 (d)(1) and (d)(3), there is no need
for a delayed effective date.
Executive Order 12866
Because this document involves a foreign affairs function of the
United States and implements an international agreement, it is not
subject to the provisions of E.O. 12866.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required for interim
regulations, the provisions of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) do not apply.
Drafting Information
The principal author of this document was Russell Berger, 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 132
Customs duties and inspection, Imports, Postal service, Quotas.
Amendment to the Regulations
Accordingly, chapter I of title 19, Code of Federal Regulations (19
CFR ch. I), is amended as set forth below.
PART 132--QUOTAS
1. The general authority citation for part 132 continues to read as
follows, and specific sectional authority for Sec. 132.15 is added, to
read as follows:
Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized
Tariff Schedule of the United States (HTSUS)), 1623, 1624.
Sec. 132.15 also issued under 19 U.S.C. 1484, 1508, and Schedule
XX, HTSUS.
2. Part 132 is amended by adding a new Sec. 132.15 to read as
follows:
Sec. 132.15 Export certificate for beef subject to tariff-rate quota.
(a) Requirement. In order to claim the in-quota tariff rate of duty
on beef, defined in 15 CFR 2012.2(a), that is the product of a
participating country, defined in 15 CFR 2012.2(e), the importer must
possess a valid export certificate at the time that such beef is
entered, or withdrawn from warehouse for consumption. The importer
shall record the unique identifying number of the export certificate on
the entry summary or the warehouse withdrawal (CF 7501, column 34).
(b) Validity of certificate. The export certificate, to be valid,
must meet the requirements of 15 CFR 2012.3(b), and with respect to the
requirement of 15 CFR 2012.3(b)(3) that the certificate be distinct and
uniquely identifiable, the certificate must have a distinct and unique
identifying number composed of three elements set forth in the
following order:
(1) The last digit of the year for which the export certificate is
in effect;
(2) The 2-digit ISO country of origin code from Annex B of the
HTSUS which identifies the participating country (see Sec. 142.42(d) of
this chapter); and
(3) Any 6-digit number issued by the participating country with
respect to the export certificate.
(c) Retention and submission of certificate to Customs.
(1) Retention. The export certificate must be retained by the
importer for a period of at least 5 years from the date of entry, or
withdrawal from warehouse, for consumption (see Sec. 162.1c of this
chapter).
(2) Submission to Customs. The importer shall submit a copy of the
export certificate to Customs upon request.
Approved: July 25, 1995.
George J. Weise,
Commissioner of Customs.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 95-18814 Filed 7-31-95; 8:45 am]
BILLING CODE 4820-02-P