[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Page 3569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1992]



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DEPARTMENT OF THE TREASURY
19 CFR Part 132

[T.D. 96-12]

RIN 1515-AB73


Export Certificates for Beef Subject to Tariff-Rate Quota

AGENCY: Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document adopts as a final rule, without change, the 
interim amendment to the Customs Regulations setting forth the form and 
manner by which an importer may make 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 regulations of the United States Trade Representative, in 
accordance with the Uruguay Round Agreements Act.

EFFECTIVE DATE: February 1, 1996.

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 Sec. 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.
    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), offered 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 the 
interim rule and now for this final rule, a participating country 
constitutes an allocated country that has been authorized to 
participate in the export certificate program. To this end, New Zealand 
has requested the opportunity to participate in this program.
    An exporting country using export certificates in this regard must 
notify the USTR and provide the necessary supporting information. 
Customs is then 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 undertook rulemaking in this matter (15 CFR 
2012.2 and 2012.3).
    In addition, Customs issued an interim rule published in the 
Federal Register (60 FR 39108) on August 1, 1995, 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 included a record retention period for the 
certificate and required the submission of such certificate to Customs 
upon request.
    No comments were received from the public in response to the 
invitation therefor set forth in the interim rule, and Customs has 
determined to adopt this rule as a final rule without change.

Executive Order 12866 and Regulatory Flexibility Act

    Because this document involves a foreign affairs function of the 
United States and implements an international agreement, it is not 
subject to E.O. 12866. Because no notice of proposed rulemaking was 
required in this case, 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

PART 132--QUOTAS

    Accordingly, the interim rule amending 19 CFR part 132 to add a new 
Sec. 132.15, which was published in the Federal Register at 60 FR 39108 
on August 1, 1995, is adopted as a final rule without change.
George J. Weise,
Commissioner of Customs.

    Approved: December 22, 1995.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 96-1992 Filed 1-31-96; 8:45 am]
BILLING CODE 4820-02-P