Dairy Tariff-Rate Import Quota Licensing

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 6

RIN Number 0551-AA58

Dairy Tariff-Rate Import Quota Licensing

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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

SUMMARY: This final rule makes two revisions to Import Regulation 1,

Revision 8, which governs the administration of the tariff-rate import

quota (TRQ) licensing system for certain dairy products. It broadens

the definition for ``Licensing Authority'' and provides for the review

and correction of errors made by officers or employees of the Federal

Government.

EFFECTIVE DATE: This final rule is effective on February 9, 2000.

FOR FURTHER INFORMATION CONTACT: Richard P. Warsack, Dairy Import Quota

Manager, Import Policies and Programs Division, 1400 Independence

Avenue SW, AG BOX 1021, U.S. Department of Agriculture, Washington, DC

20250-1021 or e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12372

This program is not subject to the provision of Executive Order

12372, which requires intergovernmental consultation with State or

local officials. (See notice related to 7 CFR part 3015, subpart V,

published at 48 FR 29115, June 24, 1983).

Executive Order 12988

This final rule has been reviewed under Executive Order 12988. The

provisions of this final rule would have preemptive effect with respect

to any state or local laws, regulations, or policies which conflict

with such provisions or which otherwise impede their full

implementation. The final rule would not have retroactive effect. The

rule does not require that administrative remedies be exhausted before

suit may be filed.

Executive Order 12866

This final rule is issued in conformance with Executive Order

12866. It has been determined to be not significant for the purpose of

E.O. 12866 and, therefore, has not been reviewed by the Office of

Management and Budget (OMB).

Regulatory Flexibility Act

It has been determined that the Regulatory Flexibility Act is not

applicable to this final rule since the Office of the Secretary is not

required by 5 U.S.C. 553 or any other provision of law to publish a

notice of proposed rulemaking with respect to the subject matter of

this rule.

Paperwork Reduction Act

In accordance with provisions of the Paperwork Reduction Act of

1995, the current information collection is approved by OMB under OMB

control number 0551-0001, expiring on October 31, 2000. The final rule

would not add a paperwork burden on the public.

Background

This final rule revises Import Regulation 1, Revision 8, that

governs the administration of the import licensing system for certain

dairy products, which are subject to TRQs provided for in the

Harmonized Tariff Schedule of the United States (HTS). The final rule

amends Sec. 6.21 by changing the definition of ``Licensing Authority.''

Also, the final rule adds a new Sec. 6.35, Correction of Errors. This

section provides that if a person demonstrates, to the satisfaction of

the Licensing Authority, that errors were made by officers or employees

of the United States Government, the Licensing Authority will review

and rectify the errors to the extent possible under the regulation.

Licenses issued annually by the U.S. Department of Agriculture qualify

importers to enter specific quantities of certain dairy products under

the low-tier tariff rates established in the HTS.

Discussion of Major Comments

One comment was received in response to the proposed rule published

in the Federal Register, 64 FR 42288, August 4, 1999. The comment

stated that the proposed rule should not set a deadline for discovery

of errors. Based on the comment, the Department reviewed the proposed

rule and extended the deadline date for notification to the Licensing

Authority in the final rule from March 15 to August 31 of the calendar

year following the calendar year during which the alleged error

occurred. The Department believes that changing the proposed deadline

date from March 15 to August 31 provides licensees adequate time to

review their final license portfolio which USDA would have issued in

mid-March of the same year. In addition, USDA chose the August 31 date

for administrative reasons because it is the last day before the

beginning of the next application period for dairy product import

licenses. The Department believes that all licensees should know

immediately upon receiving the final licenses in mid-March whether the

license amounts in their current portfolio are correct or if an error

has been committed.

The Department clarified Sec. 6.35(b) and added language to

indicate that licensees must notify the Department of any errors by

letter, postmarked not later than August 31.

List of Subjects in 7 CFR Part 6

Agricultural commodities, Cheese, Dairy products, Reports and

recordkeeping requirements.

Final Rule

Accordingly, 7 CFR part 6 subpart--Dairy Tariff-Rate Import Quota

Licensing is amended to read as follows:

PART 6--[AMENDED]

Subpart--Tariff-Rate Import Quota Licensing

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 104, Pub. L.

103-465, 108 Stat. 4819 (19 U.S.C. 3513 and 3601).

[[Page 1298]]

2. Amend Sec. 6.21 by revising the definition of Licensing

Authority to read as follows:

Sec. 6.21 Definitions.

* * * * *

Licensing Authority. Any officer or employee of the U.S. Department

of Agriculture designated to act in this position by the Director of

the Division charged with managing the Dairy Tariff-Rate Import Quota

Licensing System, currently the Import Policies and Programs Division

of the Foreign Agricultural Service.

* * * * *

3. Redesignate Sec. 6.35 and 6.36 as Sec. 6.36 and 6.37

respectively.

4. Add a new Sec. 6.35 to read as follows:

Sec. 6.35 Correction of errors.

(a) If a person demonstrates, to the satisfaction of the Licensing

Authority, that errors were made by officers or employees of the United

States Government, the Licensing Authority will review and rectify the

errors to the extent permitted under this subpart.

(b) To be considered, a person must provide sufficient

documentation regarding the error to the Licensing Authority by letter,

postmarked not later than August 31 of the calendar year following the

calendar year in which the error was alleged to have been committed.

(c) If the error resulted in the loss of a historical license by a

license holder, the Licensing Authority will transfer the amount of

such license from Appendix 2 to Appendix 1 in order to provide for the

issuance of such license in the calendar year following the calendar

year for which the license was revoked. The cumulative annual transfers

to Appendix 1 in accordance with this paragraph will be published in

the Federal Register.

Signed at Washington, DC on November 29, 1999.

Timothy J. Galvin,

Administrator, Foreign Agricultural Service.

[FR Doc. 00-409 Filed 1-7-00; 8:45 am]

BILLING CODE 3410-10-P