[Federal Register Volume 61, Number 60 (Wednesday, March 27, 1996)]
[Proposed Rules]
[Pages 13463-13464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7441]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 1240
[AMS-FV-96-701.PR]
Honey Research, Promotion, and Consumer Information Order--
Amendment of the Rules and Regulations To Add HTS Code for Flavored
Honey
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would add a new Harmonized Tariff Schedule
(HTS) code number for imported flavored honey to the rules and
regulations issued under the Honey Research, Promotion, and Consumer
Information Order to provide authority for the U.S. Customs Service to
collect an assessment on all imported, flavored honey.
DATES: Comments must be received by April 26, 1996.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule to: Research and Promotion Branch, Fruit
[[Page 13464]]
and Vegetable Division, Agricultural Marketing Service (AMS), USDA,
P.O. Box 96456, Room 2535-S, Washington, DC 20090-6456; fax (202) 205-
2800. Three copies of all written material should be submitted, and
they will be made available for public inspection at the Research and
Promotion Branch during regular business hours. All comments should
reference the docket number and the date and page number of this issue
of the Federal Register.
FOR FURTHER INFORMATION CONTACT: Sonia N. Jimenez, Research and
Promotion Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box
96456, Room 2535-So., Washington, D.C. 20090-6456; telephone (202) 720-
9915.
SUPPLEMENTARY INFORMATION: This proposed rule is issued under the Honey
Research, Promotion, and Consumer Information Act, as amended [104
Stat. 3904, 7 U.S.C. 4601 et seq.], hereinafter referred to as the Act.
This proposed rule has been issued in conformance with Executive
Order 12866.
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. It is not intended to have retroactive effect. This
rule would not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 10 of the Act, a
person subject to an order may file a petition with the Secretary
stating that such order, any provision of such order, or any obligation
imposed in connection with such order is not in accordance with law;
and requesting a modification of the order or an exemption from the
order. Such person is afforded the opportunity for a hearing on the
petition. After the hearing, the Secretary would rule in the petition.
The Act provides that the district court of the United States in any
district in which such person is an inhabitant, or has a principal
place of business, has jurisdiction to review the Secretary's ruling on
the petition, provided that a compliant is filed within 20 days after
the date of entry of the ruling.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Administrator of the Agricultural Marketing Service
(AMS) has considered the economic impact of this action on small
entities.
There are an estimated 145 handlers, 510 producer-packers, 8,300
producers, and 350 importers who are currently subject to the
provisions of the Order. The majority of these persons may be
classified as small agricultural producers and small agricultural
service firms. Small agricultural producers are defined by the Small
Business Administration [13 CFR 121.601] as those having annual
receipts of less than $500,000, and small service firms are defined as
those having annual receipts of less than $5 million.
The Administrator of the AMS has determined that this rule would
not have a significant economic impact on a substantial number of small
entities.
In accordance with the Paperwork Reduction Act [44 U.S.C. Chapter
35], and OMB regulations [5 CFR Part 1320], the information collection
and recordkeeping requirements contained in this action have been
previously approved under OMB control number 0581-0093.
Background
The Honey Research, Promotion, and Consumer Information Order
(Order) provides that each producer and importer shall pay to the Board
a one cent per pound assessment rate on honey and honey products
produced in or imported into the United States. Section 1240.5 of the
Order defines honey products as products wherein honey is a principal
ingredient.
In order for the U.S. Customs Service (Customs) to collect the
assessments on imported honey and honey products, each product needs to
be identified by an HTS Code. Since the Board inception, honey has been
assessed by Customs under HTS code number 0409.00.00. However, there
were no HTS codes for honey products.
The Board has identified flavored honey as a product containing
approximately 99 percent honey. The Board estimates that 500,000 pounds
of flavored honey are imported into the United States annually without
the importer paying the required assessment. Therefore, at the
recommendation of the Board, the Department requested the Committee for
Statistical Annotation of Tariff Schedules (Committee) on the
International Trade Commission to establish an HTS code for flavored
honey. The Committee notified the Department on February 13, 1996, that
a code has been established for flavored honey. The purpose of this
rule is to add the new HTS code for flavored honey to the rules and
regulations under the Order to provide authority for Customs to collect
the assessment on all imported, flavored honey.
This proposed rule would add the new 2106.90.9988 HTS code for
flavored honey to section 1240.115(e) of the rules and regulations
issued under the Order. Flavored honey would be assessed at the one-
cent-per-pound rate. A conversion factor is not necessary because the
amount of honey in flavored honey is estimated at 99 percent of the
total product. Customs will notify importers 60 to 90 days before it
begins collecting the assessment on flavored honey. The notification
will be made only after a final rule, if any, is issued on this action.
A 60-day comment period is provided to allow interested persons to
respond to this proposal. All written comments timely received will be
considered before a final determination is made on this matter.
List of Subjects in 7 CFR Part 1240
Advertising, Agricultural research, Honey, Imports, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR Part 1240 is
proposed to be amended as follows:
PART 1240--HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION
ORDER
1. The authority citation for 7 CFR Part 1240 continues to read as
follows:
Authority: 7 U.S.C. 4601-4612
2. In Sec. 1240.115, paragraph (e) is revised to read as follows:
Sec. 1240.115 Levy of assessments.
* * * * *
(e) The U.S. Customs Service (USCS) will collect assessments on all
honey or honey products where honey is the principal ingredient
imported under its tariff schedule (HTS heading numbers 0409.00.00 and
21006.90.9988) at the time of entry or withdrawal for consumption and
forward such assessment as per the agreement between the USCS and USDA.
Any importer or agent who is exempt from payment of assessments
pursuant to Sec. 1240.42 (a) and (b) of the Order may apply to the
Board for reimbursement of such assessment paid.
* * * * *
Dated: March 21, 1996.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-7441 Filed 3-26-96; 8:45 am]
BILLING CODE 3410-02-P