[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Rules and Regulations]
[Pages 56429-56430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27426]


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OFFICE OF THE TRADE REPRESENTATIVE

15 CFR Part 2014


Implementation of the Temporary Tariff-Rate Quota for Imports of 
Lamb Meat

AGENCY: Office of the United States Trade Representative.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule provides for the establishment of an export 
certificate procedure to assist in the orderly marketing of lamb meat 
imports from countries provided a specific import allocation under the 
temporary tariff-rate quota that the President has imposed on those 
products.

DATES: Interim rule effective on October 20, 1999. Comments must be 
received on or before December 20, 1999.

ADDRESSES: Comments may be sent to Teresa Howes, Director for Asian 
Agricultural Affairs, Office of the United States Trade Representative, 
600 17th Street NW, Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT: Teresa Howes, Director for Asian 
Agricultural Affairs, Office of the United States Trade Representative, 
600 17th Street, NW, Washington, DC 20508; telephone: (202) 395-6127.

SUPPLEMENTARY INFORMATION: On July 7, 1999, the President issued 
Proclamation 7208 (64 FR 37387) (July 9, 1999), which established a 
temporary tariff-rate quota (``TRQ'') and increased duties, effective 
July 22, 1999, on lamb meat imports to facilitate the domestic 
industry's adjustment to import competition. In order to provide for 
the efficient and fair administration of the TRQ, on July 30, 1999, the 
President issued Proclamation 7214 (64 FR 42265) (Aug. 4, 1999), which 
delegated to the United States Trade Representative (``USTR'') 
authority to administer the TRQ.
    To provide for the efficient and fair administration of the TRQ, 
USTR is establishing a procedure under which countries that have been 
allotted an in-quota allocation under the TRQ may use a system of 
export certificates to ensure that only those of its lamb meat exports 
specifically designated for the United States market are counted 
against the country's in-quota allocation.
    Under the interim rule, a country that was provided a specific in-
quota allocation under the TRQ may elect to have the United States 
Customs Service (``U.S. Customs'') determine which lamb meat imports 
are to be counted against the country's in-quota allocation, and thus 
be assessed the lower rate of duty applicable to in-quota imports, 
based on whether the country has issued (or authorized issuance of) an 
export certificate for that lamb meat. Two countries, Australia and New 
Zealand, were provided specific in-quota allocations under the TRQ. 
Both governments have requested USTR to establish an export certificate 
procedure to assist in the orderly marketing of their lamb meat exports 
to the United States while the TRQ is in effect.
    A country wishing to avail itself of the export certificate 
procedure must notify USTR, and provide the necessary supporting 
information. Australia and New Zealand have provided the requisite 
supporting information, and USTR hereby determines that both countries 
are ``participating countries'' under the export certificate procedure. 
USTR intends to publish a notice in the Federal Register if Australia 
or New Zealand ceases to be a participating country.
    U.S. Customs will ensure that no imports of lamb meat from a 
participating country are counted against the participating country's 
in-quota allocation unless the importer declares that there is a valid 
export certificate for that lamb meat. In the absence of such a 
declaration, such imports will be not be eligible for the in-quota rate 
of duty.
    U.S. Customs will separately issue regulations governing its 
implementation of this rule.

Comments

    Before adopting this interim regulation as a final rule, 
consideration will be given to any written comments that are timely 
submitted to USTR. Each person submitting a comment should include his 
or her name and address, and give reasons for any recommendation. After 
the comment period closes, USTR will publish in the Federal Register a 
final rule on this subject, together with a discussion of comments 
received and any amendments made to the interim rule as a result of the 
comments.
    To simplify the processing and consideration of comments, 
commenters are encouraged to submit documents in electronic form 
accompanied by an original and one paper copy. All documents submitted 
in electronic form should be on DOS formatted 3.5'' diskettes, and 
should be prepared in either WordPerfect format or a format that the 
WordPerfect program can convert and import into WordPerfect.

[[Page 56430]]

The Regulatory Flexibility Act and Executive Order 12866

    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. Also, for the above reason, 
there is no need for a delayed effective date under 5 U.S.C. 553(d). No 
regulatory flexibility analysis is required for this rule since neither 
5 U.S.C. 553 nor any other provision of law requires publication of a 
general notice of proposed rulemaking with respect to this rule. 
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; and 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.

List of Subjects in 15 CFR Part 2014

    Export certificates, Imports, Lamb meat, Tariff-rate quotas.

    For the reasons set out in the ``Supplementary Information'' 
section of this notice, 15 CFR is amended by adding the following new 
part 2014 to read as follows:

PART 2014--IMPLEMENTATION OF TARIFF-RATE QUOTA FOR IMPORTS OF LAMB 
MEAT

Sec.
2014.1  Purpose.
2014.2  Definitions.
2014.3  Export certificates.

    Authority: Proclamation Numbers 7208 and 7214; 19 U.S.C. 2253 
(g)


Sec. 2014.1  Purpose.

    The purpose of this part is to provide for the implementation of 
the tariff-rate quota for imports of lamb meat established in 
Proclamation 7208 (64 FR 37397) (July 9, 1999) and modified in 
Proclamation 7214 (64 FR 42265) (Aug. 4, 1999). In particular, this 
part provides for the administration of export certificates where a 
country that has an allocation of the in-quota quantity under the 
tariff-rate quota has chosen to use export certificates.


Sec. 2014.2  Definitions.

    Unless the context otherwise requires, for the purpose of this 
subpart, the following terms shall have the meanings assigned below.
    (a) Lamb meat means fresh, chilled, or frozen lamb meat, provided 
for in subheadings 0204.10.00, 0204.22.20, 0204.23.20, 0204.30.00, 
0204.42.20, and 0204.43.20 of the HTS.
    (b) In-quota lamb meat means lamb meat that is entered under the 
in-quota rate of duty.
    (c) Participating country means any country to which an allocation 
of a particular quantity of lamb meat has been assigned under 
Proclamation 7208 that USTR has determined is, and has notified to the 
United States Customs Service as being, eligible to use export 
certificates.
    (d) Enter or Entered means to enter or withdraw from warehouse for 
consumption.
    (e) HTS means the Harmonized Tariff Schedule of the United States.
    (f) USTR means the United States Trade Representative or the 
designee of the United States Trade Representative.


Sec. 2014.3  Export certificates.

    (a) In-quota lamb meat may only be entered as a product of a 
participating country if the United States importer makes a declaration 
to the United States Customs Service, in the form and manner determined 
by the United States Customs Service, that a valid export certificate 
is in effect with respect to that lamb meat product.
    (b) To be valid, an export certificate shall:
    (1) Be issued by or under the supervision of the government of the 
participating country;
    (2) Specify the name of the exporter, the product description and 
quantity, and the calendar year for which the export certificate is in 
effect;
    (3) Be distinct and uniquely identifiable; and
    (4) Be used in the calendar year for which it is in effect.
Robert T. Novick,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 99-27426 Filed 10-18-99; 8:45 am]
BILLING CODE 3190-01-P