[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Rules and Regulations]
[Pages 45935-45937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23228]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1230
[No. LS-98-004]
Pork Promotion, Research, and Consumer Information Order--
Decrease in Importer Assessments
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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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
decreases by one-hundredth of a cent per pound the amount of the
assessment per pound due on imported pork and pork products to reflect
a decrease in the 1997 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: September 28, 1998.
FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing
Programs Branch, 202/720-1115.
SUPPLEMENTARY INFORMATION:
Executive Orders 12866 and 12778 and Regulatory Flexibility Act and
the Paperwork Reduction Act
This rule has been determined to be 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.
This action also was reviewed under the Regulatory Flexibility Act
(RFA) (5 United States Code (U.S.C.) 601 et seq.). The effect of the
Order upon small entities initially was discussed in the September 5,
1986, issue of the Federal Register (51 FR 31898). It was determined at
that time that the Order would not have a significant effect upon a
substantial number of small entities. Many of the estimated 1,000
importers may be classified as small entities under the Small Business
Administration definition (13 CFR 121.601).
This final rule decreases the amount of assessments on imported
pork and pork products subject to assessment by one-hundredth of a cent
per pound, or as expressed in cents per kilogram, two-
[[Page 45936]]
hundredths of a cent per kilogram. This decrease is consistent with the
decrease in the annual price of domestic barrows and gilts for calendar
year 1997. Adjusting the assessments on imported pork and pork products
would result in an estimated decrease in assessments of $63,000 over a
12-month period. Assessments collected for 1997 were $3,369,587.
Accordingly, the Administrator of the Agricultural Marketing Service
(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 29962). 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, 60 FR 29962, 60 FR 33681, and 60 FR 58501)
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 decreases the
assessments on all of the imported pork and pork products subject to
assessment as published in the Federal Register as a final rule May 13,
1997, and effective June 12, 1997; (62 FR 26205). This decrease is
consistent with the decrease in the annual average price of domestic
barrows and gilts for calendar year 1997 as reported by USDA, AMS,
Livestock and Grain Market News (LGMN) Branch. This decrease 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 decrease 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 decreased from $52.77 in 1996 to
$51.30 in 1997, a decrease of about 3 percent. This decrease will
result in a corresponding decrease in assessments for all HTS numbers
listed in the table in Sec. 1230.110, 62 FR 26205; May 13, 1997, of an
amount equal to one-hundredth of a cent per pound, or as expressed in
cents per kilogram, two-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 decrease in
assessment amounts would result in an estimated $63,000 decrease in
assessments over a 12-month period.
On June 11, 1998, AMS published in the Federal Register (63 FR
31942) a proposed rule which would decrease the per pound assessment on
imported pork and pork products consistent with decreases in the 1997
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 July 13, 1998. No comments were
received.
This final rule provides for a 30-day waiting period. This period
is appropriate because the final rule simply provides for an adjustment
in the per pound assessment levels on imported pork and pork products
to reflect changes in live hog prices which occurred from 1996 to 1997.
These live hog prices form the basis for the assessments. These
adjustments should be made effective as soon as possible to promote
optimum equity.
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.
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Live porcine animals Assessment
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0103.10.0000........................ 0.45 percent Customs Entered
Value.
[[Page 45937]]
0103.91.0000........................ 0.45 percent Customs Entered
Value.
0103.92.0000........................ 0.45 percent Customs Entered
Value.
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(b) The following HTS categories of imported pork and pork products
are subject to assessment at the rates specified.
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Assessment
Pork and pork products -------------------------------
Cents/lb Cents/kg
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0203.11.0000............................ .33 .727518
0203.12.1010............................ .33 .727518
0203.12.1020............................ .33 .727518
0203.12.9010............................ .33 .727518
0203.12.9020............................ .33 .727518
0203.19.2010............................ .38 .837748
0203.19.2090............................ .38 .837748
0203.19.4010............................ .33 .727518
0203.19.4090............................ .33 .727518
0203.21.0000............................ .33 .727518
0203.22.1000............................ .33 .727518
0203.22.9000............................ .33 .727518
0203.29.2000............................ .38 .837748
0203.29.4000............................ .33 .727518
0206.30.0000............................ .33 .727518
0206.41.0000............................ .33 .727518
0206.49.0000............................ .33 .727518
0210.11.0010............................ .33 .727518
0210.11.0020............................ .33 .727518
0210.12.0020............................ .33 .727518
0210.12.0040............................ .33 .727518
0210.19.0010............................ .38 .837748
0210.19.0090............................ .38 .837748
1601.00.2010............................ .46 1.014116
1601.00.2090............................ .46 1.014116
1602.41.2020............................ .50 1.102300
1602.41.2040............................ .50 1.102300
1602.41.9000............................ .33 .727518
1602.42.2020............................ .50 1.102300
1602.42.2040............................ .50 1.102300
1602.42.4000............................ .33 .727518
1602.49.2000............................ .46 1.014116
1602.49.4000............................ .38 .837748
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Dated: August 24, 1998.
Barry L. Carpenter,
Deputy Administrator, Livestock and Seed Program.
[FR Doc. 98-23228 Filed 8-27-98; 8:45 am]
BILLING CODE 3410-02-P