[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Notices]
[Page 81632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32537]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Australia Beef Imports Approved for the Electronic Certification 
System (eCERT)

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: General notice.

-----------------------------------------------------------------------

SUMMARY: This document provides notice that effective January 3, 2011, 
the export certification requirement for imports of beef from Australia 
subject to quantitative restraints will be accomplished through the 
Electronic Certification System (eCERT). Beginning on that date, all 
such imports must be accompanied by an eCERT transmission in lieu of 
the paper export certificate. This change is being made at the request 
of Australia's Department of Agriculture Forestry and Fisheries and 
with the approval of the United States Government.

DATES: The use of the eCERT process for all Australian beef 
importations subject to within quantity restrictions will be effective 
for beef entered, or withdrawn from warehouse, for consumption on or 
after January 3, 2011.

FOR FURTHER INFORMATION CONTACT: Richard Wallio, Quota Branch, Trade 
Policy and Programs, (202) 863-6508.

SUPPLEMENTARY INFORMATION:

Background

    There are existing quantitative restraints on beef from Australia 
pursuant to U.S. Note 3, subchapter XIII, Chapter 99, Harmonized Tariff 
Schedule of the United States (HTSUS), and subheading 9913.02.05, 
HTSUS. The U.S. Note states that the within-quota amounts will receive 
duty-free treatment if the importer makes a declaration to Customs and 
Border Protection (CBP) that a valid export certificate issued by the 
Government of Australia is in effect for the goods. The existing tariff 
rate quotas and export certificate requirement for beef from Australia 
set forth in U.S. Note 3, subchapter XIII, Chapter 99, HTSUS, are 
derived from paragraph 3 of Annex I of the General Notes to the Tariff 
Schedule of the United States under Annex 2-B of the United States-
Australia Free Trade Agreement. Section 132.15 of the CBP regulations 
(19 CFR 132.15) sets forth provisions relating to the requirement that 
an export certificate must accompany imports of beef subject to quota.
    The Electronic Certification System (eCERT) is a system developed 
by CBP that uses electronic data transmissions of information normally 
associated with a required export document such as a license or 
certificate to facilitate the administration of quotas and ensure that 
the proper restraint levels are charged without being exceeded. 
Australia currently uses the eCERT process for all dairy quota 
importations into the United States.
    Foreign countries participating in eCERT transmit information via a 
global network service provider. This allows connectivity to the CBP 
Automated Commercial System (ACS). When making entry, specific data 
elements transmitted to CBP by the importer/broker must match eCERT 
data from the foreign country before any applicable quota is reported. 
The ability to have government-to-government transmission decreases the 
potential for circumvention of quotas resulting from counterfeit 
documents.
    Although the release of the shipment is not precluded by the 
absence of certificate information, no claims for a preferential duty 
rate will be considered unless the information transmitted by the filer 
matches the information transmitted by the foreign government. If the 
certification is not available at time of entry, the filer has the 
option to use the non-preferential rate of duty or warehouse, export, 
or destroy the merchandise. The filer may file a protest if the 
certification transmission is received after liquidation of an entry, 
using the appropriate guidelines.
    This document provides notification that Australia will be using 
the eCERT process for beef entries subject to quantitative quota 
restrictions beginning January 3, 2011. Such imports that are entered, 
or withdrawn from warehouse, for consumption on or after that date must 
be accompanied by an eCERT transmission in lieu of the paper export 
certificate.

    Dated: December 21, 2010.
Daniel Baldwin,
Assistant Commissioner, Office of International Trade.
[FR Doc. 2010-32537 Filed 12-27-10; 8:45 am]
BILLING CODE P