[Federal Register Volume 65, Number 126 (Thursday, June 29, 2000)]
[Rules and Regulations]
[Pages 40049-40050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16403]



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  Federal Register / Vol. 65, No. 126 / Thursday, June 29, 2000 / Rules 
and Regulations  

[[Page 40049]]



OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

15 CFR Part 2014

RIN 0350-AA02


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

AGENCY: Office of the United States Trade Representative.

ACTION:  Final rule.

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SUMMARY: The Office of the United States Trade Representative 
(``USTR'') hereby issues a final rule providing 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: The effective date of this final rule is June 29, 2000.

FOR FURTHER INFORMATION CONTACT: Mark Sloan, Director of Agricultural 
Affairs, Office of the United States Trade Representative, 600 17th 
Street NW., Washington, DC 20506, (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 authority to administer the TRQ to the United States Trade 
Representative.
    To provide for the efficient and fair administration of the TRQ, 
USTR has established 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. USTR published an interim 
rule and request for comments on this subject in the Federal Register 
on October 20, 1999, 64 FR 56429.
    Under the final rule, as 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 determine in the Federal Register 
notice for the interim rule that both countries are ``participating 
countries'' under the export certificate procedure. 64 FR at 56429. 
USTR will 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 that 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, 
the imports will not be eligible for the in-quota rate of duty.
    U.S. Customs will separately issue regulations governing its 
implementation of this rule.

Comments on the Interim Rule

    USTR received comments on the interim rule from representatives of 
the Australian lamb meat industry (Meat and Livestock Australia, or 
``MLA'') and the Embassy of New Zealand.
    MLA supported implementation of the export certificate system, and 
therefore supported the interim rule. MLA had no substantive comments 
on the interim rule.
    The Embassy of New Zealand also supported the export certificate 
system. However, it recommended the following three changes to the 
interim rule:
    (i) That the wording of Sec. 2014.3(b)(2) be amended by replacing 
``calendar year'' with ``quota year;''
    (ii) That the wording of Sec. 2014.3(b)(4) be amended by replacing 
``in the calendar year'' with ``for quota year;'' and
    (iii) That the term ``quota year'' be defined in Sec. 2014.2 as 
``the period between 22 July 1999 and 21 July 2000, inclusive, and such 
subsequent periods as set forth in Presidential Proclamations 7208 (64 
FR 37387) and 7214 (64 FR 42265) during which lamb meat is exported.''
    USTR has adopted all of the changes suggested by the Embassy of New 
Zealand, and has amended its interim rule accordingly.

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 2014 is revised 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: 19 U.S.C. 2253(g); Proclamation 7208, 64 FR 37387, 
July 9, 1999; Proclamation 7214, 64 FR 42265, Aug. 4, 1999.


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 37387) (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

[[Page 40050]]

the tariff-rate quota has chosen to use export certificates.


Sec. 2014.2  Definitions.

    Unless the context otherwise requires, for the purpose of this 
part, the following terms shall have the meanings assigned as follows:
    (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.
    (g) Quota Year means the period between July 22, 1999 and July 21, 
2000, inclusive, and such subsequent periods as set forth in 
Presidential Proclamations 7208 and 7214 during which lamb meat is 
exported.


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 quota year for which the export certificate is in 
effect;
    (3) Be distinct and uniquely identifiable; and
    (4) Be used for the quota year for which it is in effect.

Kenneth P. Freiberg,
Deputy General Counsel, Office of the United States Trade 
Representative.
[FR Doc. 00-16403 Filed 6-28-00; 8:45 am]
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