[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47127-47128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18009]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


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

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

ACTION: General notice.

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SUMMARY: This document announces that the export certification 
requirement for certain imports of beef from the Oriental Republic of 
Uruguay (Uruguay) subject to a tariff-rate quota will be accomplished 
through the Electronic Certification System (eCERT). All imports of 
beef from Uruguay that are subject to the tariff-rate quota must have a 
valid export certificate with a corresponding eCERT transmission at the 
time of entry, or withdrawal from warehouse, for consumption. The 
United States Government (USG) has approved the request from Uruguay to 
transition, from the way the USG currently receives export certificates 
from Uruguay, to eCERT as the method of transmission. The transition to 
eCERT will not change the tariff-rate quota filing process or 
requirements. Importers will continue to provide the export certificate 
numbers from Uruguay in the same manner as when currently filing entry 
summaries with U.S. Customs and Border Protection. The format of the 
export certificate numbers will remain the same for the corresponding 
eCERT transmissions.

DATES: The use of the eCERT process for certain Uruguayan beef 
importations subject to a tariff-rate quota will be effective for beef 
entered, or withdrawn from a warehouse, for consumption on or after 
August 30, 2021.

FOR FURTHER INFORMATION CONTACT: Julia Peterson, Chief, Quota and 
Agriculture Branch, Trade Policy and Programs, Office of Trade, (202) 
384-8905, or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    There is an existing tariff-rate quota on certain beef from the 
Oriental Republic of Uruguay (Uruguay) pursuant to Additional U.S. Note 
3 of Chapter 2 of the Harmonized Tariff Schedule of the United States 
(HTSUS). The tariff-rate quota for beef from Uruguay was established by 
section 6 of the Presidential Proclamation No. 6763 (December 23, 
1994), as a result of the Uruguay Round Agreements, approved by 
Congress in section 101 of the Uruguay Round Agreements Act (19 U.S.C. 
3511(a), Pub. L. 103-465, 108 Stat. 4814). Tariff-rate quotas permit a 
specified quantity of merchandise to be entered or withdrawn for 
consumption at a reduced duty rate during a specified period. 
Furthermore, section 2012.3 of title 15 of the Code of Federal 
Regulations (CFR) states that beef may only be entered as a product of 
an eligible country for a tariff-rate quota if the importer makes a 
declaration to U.S. Customs and Border Protection (CBP) that a valid 
export certificate is in effect with respect to the beef. In addition, 
the CBP regulations, at 19 CFR 132.15, set forth provisions relating to 
the requirement that an importer must possess a valid export 
certificate at the time of entry, or withdrawal from warehouse, for 
consumption, to claim the in-quota tariff rate of duty on entries of 
beef subject to the tariff-rate 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. Uruguay 
currently submits export certificates to CBP via email, and in the 
administration of the quota, CBP validates these certificates with the 
certificate numbers provided by importers on their entry summaries. 
Uruguay requested to participate in the eCERT process to comply with 
the United States' tariff-rate quota for beef exported from Uruguay for 
importation

[[Page 47128]]

into the United States. CBP has coordinated with Uruguay to implement 
the eCERT process, and now Uruguay is ready to participate in this 
process by transmitting its export certificates to CBP via eCERT.
    Foreign countries participating in eCERT transmit information via a 
global network service provider, which allows connectivity to CBP's 
automated electronic system for commercial trade processing, the 
Automated Commercial Environment (ACE). Specific data elements are 
transmitted to CBP by the importer of record (or an authorized customs 
broker) when filing an entry summary with CBP, and those data elements 
must match eCERT data from the foreign country before an importer may 
claim any applicable in-quota tariff rate of duty. An importer may 
claim an in-quota tariff rate when merchandise is entered, or withdrawn 
from warehouse, for consumption, only if the information transmitted by 
the importer matches the information transmitted by the foreign 
government. If there is no transmission by the foreign government upon 
entry, an importer must claim the higher over-quota tariff rate.\1\ An 
importer may subsequently claim the in-quota tariff rate under certain 
limited conditions.\2\
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    \1\ If there is no associated foreign government eCERT 
transmission available upon entry of the merchandise, an importer 
may enter the merchandise for consumption subject to the over-quota 
tariff rate or opt not to enter the merchandise for consumption at 
that time (e.g., transfer the merchandise to a Customs bonded 
warehouse or foreign trade zone or export or destroy the 
merchandise).
    \2\ If an importer enters the merchandise for consumption 
subject to the over-quota tariff rate and the associated foreign 
government eCERT transmission becomes available afterwards, an 
importer may claim the in-quota rate of duty by filing a post 
summary correction (before liquidation) or a protest under 19 CFR 
part 174 (after liquidation). In either event, the in-quota rate of 
duty is allowable only if there are still quota amounts available 
within the original quota period.
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    This document announces that Uruguay will be implementing the eCERT 
process for transmitting export certificates for beef entries subject 
to the tariff-rate quota. Imported merchandise that is entered, or 
withdrawn from warehouse, for consumption on or after August 30, 2021, 
must match the eCERT transmission of an export certificate from Uruguay 
in order for an importer to claim the in-tariff quota rate. The 
transition to eCERT will not change the tariff-rate quota filing 
process or requirements. Importers will continue to provide the export 
certificate numbers from Uruguay in the same manner as when currently 
filing entry summaries with CBP. The format of the export certificate 
numbers will not change as a result of the transition to eCERT. CBP 
will reject entry summaries that claim an in-quota tariff rate when 
filed without a valid export certificate in eCERT.

    Dated: August 16, 2021.
AnnMarie R. Highsmith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2021-18009 Filed 8-20-21; 8:45 am]
BILLING CODE P