[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1771-1772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00464]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


New Zealand Beef Imports Approved for the Electronic 
Certification System

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 New Zealand subject to a 
tariff-rate quota will be accomplished through the Electronic 
Certification System (eCERT). All imports of beef from New Zealand 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 New Zealand to 
transition 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 New Zealand 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 New Zealand beef 
importations subject to a tariff-rate quota will be effective for beef 
entered, or withdrawn from a warehouse, for consumption on or after 
January 18, 2022.

[[Page 1772]]


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 New 
Zealand 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 New Zealand 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. New 
Zealand requested to participate in the eCERT process to comply with 
the United States' tariff-rate quota for beef exported from New Zealand 
for importation into the United States. CBP has coordinated with New 
Zealand to implement the eCERT process, and now New Zealand 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 New Zealand 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 January 18, 
2022, must match the eCERT transmission of an export certificate from 
New Zealand in order for an importer to claim the in-quota tariff 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 New Zealand 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: January 7, 2022.
AnnMarie R. Highsmith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2022-00464 Filed 1-11-22; 8:45 am]
BILLING CODE P