[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Rules and Regulations]
[Pages 59763-59764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22444]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 6


Dairy Tariff-Rate Import Quota Licensing; Final Rule

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule; technical corrections.

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SUMMARY: This document amends the Dairy Tariff-Rate Import Quota 
Licensing regulation to provide for applications to be submitted using 
the internet, while continuing to permit applicants to use the existing 
certified mail provision for applications. The requirement that 
applications be notarized is eliminated. Additionally, an incorrect 
section reference is corrected.

DATES: Effective on September 1, 2004.

FOR FURTHER INFORMATION CONTACT: Bettyann Gonzales, Dairy Import 
Specialist, Import Policies and Programs Division, Foreign Agricultural 
Service, 1400 Independence Avenue, SW, STOP 1021, by e-mail at: 
[email protected], telephone 202-720-1344, or fax at 202-720-6556.

SUPPLEMENTARY INFORMATION: The Dairy Tariff-Rate Import Quota Licensing 
program regulation which is codified at 7 CFR part 6, implements the 
licensing system for certain dairy products which are eligible for in-
quota tariff rates proclaimed in the Harmonized Tariff Schedule of the 
United States.
    Currently, Sec.  6.36(b) requires all submissions to be made by 
registered or certified mail, return receipt requested, with a 
postmarked receipt. The Dairy Import Licensing Authority will soon be 
implementing a software program to permit applications for dairy import 
licenses to be submitted electronically over the internet. Therefore, 
the regulation is amended in various sections to permit applications to 
be submitted over the Internet, or by mail.
    A final rule published on January 10, 2000, (65 FR 1297-1298) 
redesignated Sec.  6.35 as Sec.  6.36 and inserted a new Sec.  6.35, 
but did not change references to the original Sec.  6.35 throughout the 
regulation. This rules corrects the references.

List of Subjects in 7 CFR Part 6

    Agricultural commodities, Cheese, Dairy Products, Imports, 
Reporting and record keeping requirements.


0
Accordingly, 7 CFR part 6 is amended as follows:

PART 6--IMPORT QUOTAS AND FEES

Subpart--Dairy Tariff-Rate Import Quota Licensing

0
1. The authority citation for Part 6, Subpart--Dairy Tariff-Rate Import 
Quota Licensing continues to read as follows:

    Authority: Additional U.S. Notes 6, 7, 8, 12, 14, 16-23 and 25 
to Chapter 4 and General Note 15 of the Harmonized Tariff Schedule 
of the United States (19 U.S.C. 1202), Pub. L. 97-258, 96 Stat. 
1051, as amended (31 U.S.C. 9701), and secs. 103 and 404, Pub. L. 
103-465, 108 Stat. 4819 (19 U.S.C. 3513 and 3601).

0
2. Amend Sec.  6.24 by revising paragraphs (a) and (b)(1), and the 
introductory text of paragraph (c) to read as follows:


Sec.  6.24  Application for a license.

    (a) Application for license shall be made on either paper or 
electronic

[[Page 59764]]

forms, provided or designated by the Licensing Authority, and shall be 
submitted in accordance with Sec.  6.36(b). All parts of the 
application shall be completed. The application, if mailed, shall be 
postmarked no earlier than September 1 and no later than midnight 
October 15 of the year preceding that for which license application is 
made. The application, if submitted electronically, shall be 
transmitted no earlier than September 1 and no later than midnight 
October 15 of the year preceding that for which license application is 
made. The Licensing Authority will not accept incomplete applications 
or unpostmarked mailed applications.
    (b)(1) Where the applicant seeks to establish eligibility on the 
basis of imports, applications shall include identification of entries 
(if submitted electronically) or Customs Form 7501 (if submitted by 
mail), sufficient to establish the applicant as the importer of record 
of entries required under Sec.  6.23, during the 12-month period ending 
August 31 prior to the quota year for which license is being sought.
* * * * *
    (c) However, if the applicant is applying on the basis of more than 
eight shipments, the application, if mailed, shall include:
* * * * *

0
3. Amend Sec.  6.26 by revising paragraph (a) and the introductory text 
of paragraph (c) to read as follows:


Sec.  6.26  Surrender and reallocation.

    (a) If a licensee determines that it will not enter the entire 
amount of an article permitted under its license, such licensee shall 
surrender its license right to enter the amount that it does not intend 
to enter. Surrender shall be made to the Licensing Authority in writing 
by mail or electronic submission, postmarked or electronically 
submitted, in accordance with Sec.  6.36(b), no later than October 1. 
Any surrender shall be final and shall be only for that quota year, 
except as provided in Sec.  6.25(b). The amount of the license not 
surrendered shall be subject to the license use requirements of Sec.  
6.23(c)(1).
* * * * *
    (c) Any person who has been issued a license for a quota year may 
apply to receive additional license, or addition to an existing license 
for a portion of the amount being reallocated. The application shall be 
submitted to the Licensing Authority by mail or electronic submission, 
in accordance with Sec.  6.36(b), no earlier than September 1 and not 
later than September 15, and shall specify:
* * * * *

0
4. Amend Sec.  6.28 by revising paragraph (b) to read as follows:


Sec.  6.28  Transfer of license.

* * * * *
    (b) The parties seeking transfer of license shall give written 
notice to the Licensing Authority of the intended sale or conveyance 
described in paragraph (a) of this section by mail as required in Sec.  
6.36(b). The notice must be received by the Licensing Authority at 
least 20 working days prior to the intended consummation of the sale or 
conveyance. Such written notice shall include copies of the documents 
of sale or conveyance. The Licensing Authority will review the 
documents for compliance with the requirements of paragraph (a) of this 
section and advise the parties in writing of its findings by the end of 
the 20-day period. The parties shall have the burden of demonstrating 
to the satisfaction of the Licensing Authority that the contemplated 
sale or conveyance complies with the requirements of paragraph (a) of 
this section. Within 15 days of the consummation of the sale or 
conveyance, the parties shall mail copies of the final documents to the 
Licensing Authority, in accordance with Sec.  6.36(b). The Licensing 
Authority will not transfer the licenses unless the documents are 
submitted in accordance with this paragraph.
* * * * *
0
5. Amend Sec.  6.33 by revising paragraphs (b), (c), and (d) to read as 
follows:


Sec.  6.33  License fee.

* * * * *
    (b) The license fee for each license issued is due and payable in 
full by mail or electronic submission, postmarked or electronically 
submitted in accordance with Sec.  6.36(b), no later than May 1 of the 
year for which the license is issued. The fee for any license issued 
after May 1 of any quota year is due and payable in full by mail or 
electronic submission, postmarked or electronically submitted in 
accordance with Sec.  6.36(b), no later than 30 days from the date of 
issuance of the license. Fee payments, if made by mail, shall be made 
by certified check or money order payable to the Treasurer of the 
United States. Fee payments, if made electronically, shall be made 
utilizing the electronic software designated for the purpose by the 
Licensing Authority.
    (c) If the license fee is not paid by the final payment date, a 
hold will be placed on the use of the license and no articles will be 
permitted entry under that license. The Licensing Authority shall send 
a warning letter by certified mail, return receipt requested, advising 
the licensee that if payment is not mailed in accordance with Sec.  
6.36(b) or received within 21 days from the date of the letter, that 
the license will be revoked. Where the license at issue is a historical 
license, this will result, pursuant to Sec.  6.23(b), in the person's 
loss of historical eligibility for such license.
    (d) Licensees may elect not to accept certain licenses issued to 
them; however, the Licensing Authority must be so notified by mail or 
electronic e-mail, postmarked or electronically submitted in accordance 
with Sec.  6.36(b) no later than May 1 of the year for which the 
license is issued.

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6. Amend Sec.  6.36 by revising paragraph (b) to read as follows:


Sec.  6.36  Miscellaneous.

* * * * *
    (b) All submissions required under this subpart shall be made 
either by registered or certified mail, return receipt requested, with 
a postmarked receipt, with proper postage affixed and properly 
addressed to the Dairy Import Licensing Group, STOP 1021, U.S. 
Department of Agriculture, 1400 Independence Avenue SW., Washington DC 
20250-1021, or by electronic submission utilizing the electronic 
software designated for this purpose by the Licensing Authority.

    Signed at Washington, DC, on September 24, 2004.
A. Ellen Terpstra,
Administrator, Foreign Agricultural Service.
[FR Doc. 04-22444 Filed 10-5-04; 8:45 am]
BILLING CODE 3410-10-P