[Federal Register Volume 62, Number 92 (Tuesday, May 13, 1997)]
[Rules and Regulations]
[Pages 26205-26207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12500]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1230

[No. LS-97-001]


Pork Promotion, Research, and Consumer Information Order--
Increase in Importer Assessments

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Pork Promotion, Research, and Consumer 
Information Act (Act) of 1985 and the Pork Promotion, Research, and 
Consumer Information Order (Order) issued thereunder, this final rule 
increases by eight-hundredths of a cent per pound the amount of the 
assessment per pound due on imported pork and pork products to reflect 
an increase in the 1996 five-market average price for domestic barrows 
and gilts. This action brings the equivalent market value of the live 
animals from which such imported pork and pork products were derived in 
line with the market values of domestic porcine animals. These changes 
will facilitate the continued collection of assessments on imported 
porcine animals, pork, and pork products.

EFFECTIVE DATE: June 12, 1997.

FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing 
Programs Branch, 202/720-1115.

SUPPLEMENTARY INFORMATION: This final rule has been determined not 
significant for purposes of Executive Order 12866 and therefore has 
not been reviewed by the Office of Management and Budget.

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This is not intended to have a retroactive 
effect. The Act states that the statute is intended to occupy the field 
of promotion and consumer education involving pork and pork products 
and of obtaining funds thereof from pork producers and that the 
regulation of such activity (other than a regulation or requirement 
relating to a matter of public health or the provision of State or 
local funds for such activity) that is in addition to or different from 
the Act may not be imposed by a State.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under Sec. 1625 of the Act, a 
person subject to an order may file a petition with the Secretary 
stating that such order, a provision of such order or an 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 on the petition. 
The Act provides that the district court of the United States in the 
district in which such person resides or does business has jurisdiction 
to review the Secretary's determination, if a complaint is filed not 
later than 20 days after the date such person receives notice of such 
determination.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (5 United States Code (U.S.C.) 601 et seq.), the Agricultural 
Marketing Service (AMS) has considered the economic impact of this 
final action on small entities. The effect of the Order upon small 
entities was discussed in the September 5, 1986, issue of the Federal 
Register (51 FR 31898), and it was determined that the Order would not 
have a significant effect upon a substantial number of small entities. 
Many of the estimated 200 importers may be classified as small entities 
under the Small Business Administration definition (13 CFR 121.601). 
This final rule increases the amount of assessments on imported pork 
and pork products subject to assessment by eight-hundredths of a

[[Page 26206]]

cent per pound, or as expressed in cents per kilogram, nineteen-
hundredths of a cent per kilogram. This increase is consistent with the 
increase in the annual price of domestic barrows and gilts for calendar 
year 1996. Adjusting the assessments on imported pork and pork products 
would result in an estimated increase in assessments of $422,000 over a 
12-month period. Assessments collected for 1996 were $2,804,935. 
Accordingly, the Administrator of AMS has determined that this action 
will not have a significant economic impact on a substantial number of 
small entities.
    The Act (7 U.S.C. 4801-4819) approved December 23, 1985, authorized 
the establishment of a national pork promotion, research, and consumer 
information program. The program was funded by an initial assessment 
rate of 0.25 percent of the market value of all porcine animals 
marketed in the United States and an equivalent amount of assessment on 
imported porcine animals, pork, and pork products. However, that rate 
was increased to 0.35 percent in 1991 (56 FR 51635) and to 0.45 percent 
effective September 3, 1995 (60 FR 29963). The final Order establishing 
a pork promotion, research, and consumer information program was 
published in the September 5, 1986, issue of the Federal Register (51 
FR 31898; as corrected, at 51 FR 36383 and amended at 53 FR 1909, 53 FR 
30243, 56 FR 4, 56 FR 51635, and 60 FR 29963) and assessments began on 
November 1, 1986.
    The Order requires importers of porcine animals to pay the U.S. 
Customs Service (USCS), upon importation, the assessment of 0.45 
percent of the animal's declared value and importers of pork and pork 
products to pay USCS, upon importation, the assessment of 0.45 percent 
of the market value of the live porcine animals from which such pork 
and pork products were produced. This final rule increases the 
assessments on all of the imported pork and pork products subject to 
assessment as published in the Federal Register as a final rule June 7, 
1995, and effective September 3, 1995; (60 FR 29965). This increase is 
consistent with the increase in the annual average price of domestic 
barrows and gilts for calendar year 1996 as reported by USDA, AMS, 
Livestock and Grain Market News (LGMN) Branch. This increase in 
assessments will make the equivalent market value of the live porcine 
animal from which the imported pork and pork products were derived 
reflect the recent increase in the market value of domestic porcine 
animals, thereby promoting comparability between importer and domestic 
assessments. This final rule will not change the current assessment 
rate of 0.45 percent of the market value.
    The methodology for determining the per pound amounts for imported 
pork and pork products was described in the Supplementary Information 
accompanying the Order and published in the September 5, 1986, Federal 
Register at 51 FR 31901. The weight of imported pork and pork products 
is converted to a carcass weight equivalent by utilizing conversion 
factors which are published in the Department's Statistical Bulletin 
No. 697 ``Conversion Factors and Weights and Measures.'' These 
conversion factors take into account the removal of bone, weight lost 
in cooking or other processing, and the nonpork components of pork 
products. Secondly, the carcass weight equivalent is converted to a 
live animal equivalent weight by dividing the carcass weight equivalent 
by 70 percent, which is the average dressing percentage of porcine 
animals in the United States. Thirdly, the equivalent value of the live 
porcine animal is determined by multiplying the live animal equivalent 
weight by an annual average market price for barrows and gilts as 
reported by USDA, AMS, LGMN Branch. This average price is published on 
a yearly basis during the month of January in LGMN Branch's publication 
``Livestock, Meat, and Wool Weekly Summary and Statistics.'' Finally, 
the equivalent value is multiplied by the applicable assessment rate of 
0.45 percent due on imported pork and pork products. The end result is 
expressed in an amount per pound for each type of pork or pork product. 
To determine the amount per kilogram for pork and pork products subject 
to assessment under the Act and Order, the cent per pound assessments 
are multiplied by a metric conversion factor 2.2046 and carried to the 
sixth decimal.
    The formula in the preamble for the Order at 51 FR 31901 
contemplated that it would be necessary to recalculate the equivalent 
live animal value of imported pork and pork products to reflect changes 
in the annual average price of domestic barrows and gilts to maintain 
equity of assessments between domestic porcine animals and imported 
pork and pork products.
    The average annual market price increased from $41.99 in 1995 to 
$52.77 in 1996, an increase of about 25 percent. This increase will 
result in a corresponding increase in assessments for all HTS numbers 
listed in the table in Sec. 1230.110, 60 FR 29965; June 7, 1995, of an 
amount equal to eight-hundredths of a cent per pound, or as expressed 
in cents per kilogram, nineteen-hundredths of a cent per kilogram. 
Based on the most recent available Department of Commerce, Bureau of 
Census, data on the volume of imported pork and pork products, the 
increase in assessment amounts would result in an estimated $422,000 
increase in assessments over a 12-month period.
    On February 26, 1997, AMS published in the Federal Register (62 FR 
8639) a proposed rule which would increase the per pound assessment on 
imported pork and pork products consistent with increases in the 1996 
average prices of domestic barrows and gilts to provide comparability 
between imported and domestic assessments. The proposal was published 
with a request for comments by March 28, 1997. No comments were 
received.
    Accordingly, this final rule establishes the new per-pound and per-
kilogram assessments on imported pork and pork products.

List of Subjects in 7 CFR Part 1230

    Administrative practice and procedure, Advertising, Agricultural 
research, Marketing agreement, Meat and meat products, Pork and pork 
products.

    For the reasons set forth in the preamble, 7 CFR Part 1230 is 
amended as follows:

PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION:

    1. The authority citation for 7 CFR Part 1230 continues to read as 
follows:

    Authority: 7 U.S.C. 4801-4819.

Subpart B--[Amended]

    2. Section 1230.110 is revised to read as follows:


Sec. 1230.110  Assessments on imported pork and pork products.

    (a) The following HTS categories of imported live porcine animals 
are subject to assessment at the rate specified.

------------------------------------------------------------------------
       Live porcine  animals                      Assessment            
------------------------------------------------------------------------
0103.10.0000.......................  0.45 percent Customs Entered Value 

[[Page 26207]]

                                                                        
0103.91.0000.......................  0.45 percent Customs Entered Value 
0103.92.0000.......................  0.45 percent Customs Entered Value 
------------------------------------------------------------------------

    (b) The following HTS categories of imported pork and pork products 
are subject to assessment at the rates specified.

------------------------------------------------------------------------
                                                         Assessment     
              Pork and pork products               ---------------------
                                                     cents/lb   cents/kg
------------------------------------------------------------------------
0203.11.0000......................................        .34    .749564
0203.12.1010......................................        .34    .749564
0203.12.1020......................................        .34    .749564
0203.12.9010......................................        .34    .749564
0203.12.9020......................................        .34    .749564
0203.19.2010......................................        .39    .859794
0203.19.2090......................................        .39    .859794
0203.19.4010......................................        .34    .749564
0203.19.4090......................................        .34    .749564
0203.21.0000......................................        .34    .749564
0203.22.1000......................................        .34    .749564
0203.22.9000......................................        .34    .749564
0203.29.2000......................................        .39    .859794
0203.29.4000......................................        .34    .749564
0206.30.0000......................................        .34    .749564
0206.41.0000......................................        .34    .749564
0206.49.0000......................................        .34    .749564
0210.11.0010......................................        .34    .749564
0210.11.0020......................................        .34    .749564
0210.12.0020......................................        .34    .749564
0210.12.0040......................................        .34    .749564
0210.19.0010......................................        .39    .859794
0210.19.0090......................................        .39    .859794
1601.00.2010......................................        .47   1.036162
1601.00.2090......................................        .47   1.036162
1602.41.2020......................................        .51   1.124346
1602.41.2040......................................        .51   1.124346
1602.41.9000......................................        .34    .749564
1602.42.2020......................................        .51   1.124346
1602.42.2040......................................        .51   1.124346
1602.42.4000......................................        .34    .749564
1602.49.2000......................................        .47   1.036162
1602.49.4000......................................        .39    .859794
------------------------------------------------------------------------

    Dated: May 7, 1997.
Barry Carpenter,
Director, Livestock and Seed Division.
[FR Doc. 97-12500 Filed 5-12-97; 8:45 am]
BILLING CODE 3410-02-P