[Federal Register Volume 67, Number 136 (Tuesday, July 16, 2002)]
[Rules and Regulations]
[Page 46588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17780]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 132 and 163

[T.D. 02-36]
RIN 1515-AD09


Elimination of the Tariff-Rate Quotas on Imported Lamb Meat

AGENCY: Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: The tariff-rate quota imposed on imported lamb meat products 
has been eliminated by Presidential Proclamation 7502 of November 14, 
2001. Accordingly, this document amends the Customs Regulations by 
removing the regulation requiring that lamb meat subject to the tariff-
rate quota be covered by an export certificate in order to obtain the 
in-quota rate of duty.

EFFECTIVE DATE: July 16, 2002.

FOR FURTHER INFORMATION CONTACT: Thomas Fitzpatrick, Office of Field 
Operations, 202-927-5385.

SUPPLEMENTARY INFORMATION:

Background

    Presidential Proclamation 7208 of July 7, 1999, as modified by 
Presidential Proclamation 7214 of July 30, 1999, imposed a temporary 
tariff-rate quota (TRQ) effective July 22, 1999, on lamb meat imports 
provided for in subheadings 0204.10.00, 0204.22.20, 0204.23.20, 
0204.30.00, 0204.42.20, and 0204.43.20, Harmonized Tariff Schedule of 
the United States (HTSUS), in order to facilitate the domestic 
industry's adjustment to import competition. Under Presidential 
Proclamation 7214, the United States Trade Representative (USTR) was 
authorized to administer the TRQ on the lamb meat.
    Pursuant to Presidential Proclamations 7208 and 7214 and the 
implementing regulations of the USTR (15 CFR part 2014), the United 
States Customs Service issued Sec. 132.16 of the Customs Regulations 
(19 CFR 132.16) which required that lamb meat subject to the TRQ be 
covered under certain circumstances by an export certificate in order 
to obtain the in-quota rate of duty. Also, an appropriate reference to 
the export-certificate requirement of Sec. 132.16 was included in the 
appendix to part 163, Customs Regulations (19 CFR part 163, Appendix), 
which lists those records that are required for the entry of imported 
merchandise. (See Customs interim and final rules in this matter 
published in the Federal Register on December 2, 1999, and December 13, 
2000, respectively (64 FR 67482 and 65 FR 77816).)
    The TRQ imposed on the lamb meat has now been eliminated by 
Presidential Proclamation 7502 of November 14, 2001. With the 
elimination of this TRQ, there is therefore no longer any need for the 
regulation requiring that an export certificate cover the lamb meat in 
order to entitle the lamb meat to the in-quota rate of duty under the 
TRQ. Accordingly, Sec. 132.16 is being removed from the Customs 
Regulations as well as the reference to Sec. 132.16 in the Appendix to 
Part 163.

Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Because these amendments merely reflect Presidential Proclamation 
7502 of November 14, 2001, pursuant to 5 U.S.C. 553(b)(B), notice and 
public procedure are unnecessary, and for the same reasons, pursuant to 
5 U.S.C. 553(d)(3), a delayed effective date is not required.

Regulatory Flexibility Act and Executive Order 12866

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply. These amendments do not meet the criteria for a 
``significant regulatory action'' as specified in Executive Order 
12866.

Drafting Information

    The principal author of this document was Janet L. Johnson, 
Regulations Branch, Office of Regulations and Rulings, U.S. Customs 
Service. However, personnel from other offices participated in its 
development.

List of Subjects

19 CFR Part 132

    Agriculture and agricultural products, Customs duties and 
inspection, Quotas, Reporting and recordkeeping requirements.

19 CFR Part 163

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

Amendments to the Regulations

    Parts 132 and 163, Customs Regulations (19 CFR parts 132 and 163), 
are amended as set forth below.

PART 132--QUOTAS

    1. The general authority citation for part 132 continues to read as 
follows and the relevant specific authority citation for Sec. 132.16 is 
revised to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 23, Harmonized 
Tariff Schedule of the United States (HTSUS)), 1623,1624. 
Secs. 132.15, 132.17, and 132.18 also issued under 19 U.S.C. 1202 
(additional U.S. Note 3 to Chapter 2, HTSUS; additional U.S. Note 8 
to Chapter 17, HTSUS; and subchapter II of Chapter 99, HTSUS, 
respectively), 1484, 1508.


    2. Part 132 is amended by removing and reserving Sec. 132.16.

PART 163--RECORDKEEPING

    1. The authority citation for Part 163 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510, 
1624.

    2. In the Appendix to part 163, under heading IV, the list of 
documents/records or information required for entry of special 
categories of merchandise is amended by removing the listing 
``Secs. 132.15 through 132.17 Export certificates, respectively, for 
beef, lamb meat, or sugar-containing products subject to tariff-rate 
quota.'' and by adding the following listing in its place:

Appendix to Part 163--Interim (a)(1)(A) List

* * * * *
    IV. * * *


Secs. 132.15, 132.17  Export certificates, respectively, for beef or 
sugar-containing products subject to tariff-rate quota.

* * * * *

Robert C. Bonner,
Commissioner of Customs.
    Approved: July 10, 2002.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-17780 Filed 7-15-02; 8:45 am]
BILLING CODE 4820-02-P