Filing of Export Certificates

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 4

RIN 1515-AB46

Filing of Export Certificates

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend the Customs Regulations to

allow a vessel carrying a shipment of meat or meat-food products to be

cleared before the filing of a copy of an export certificate by

providing a statement regarding the shipment and the export

certificate. The copy of the export certificate must then be presented

within 4 days of the vessel's clearance. The regulations are being

amended so that they will conform to revised regulations of the Food

Safety and Inspection Service of the U.S. Department of Agriculture.

DATES: Comments must be received before July 15, 1994.

ADDRESSES: Comments (preferably in triplicate) should be submitted to

U.S. Customs Service, ATTN: Regulations Branch, Franklin Court, 1301

Constitution Avenue, NW., Washington, D.C. 20229, and may be inspected

at the Regulations Branch, 1099 14th Street, NW., suite 4000,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Barbara Whiting, Carrier Rulings

Branch, (202) 482-6940.

SUPPLEMENTARY INFORMATION:

Background

In this document, Customs proposes to amend its regulations so that

there will be consistency between regulations of the U.S. Department of

Agriculture (USDA) and those of Customs regarding the timeframe within

which an exporter must file a certificate certifying the wholesomeness

of meat products being exported.

Under the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 et

seq.), meat and meat products intended and offered for export and sale

in a foreign country must be inspected. In addition, FMIA prohibits the

clearance for departure of any vessel carrying meat and meat products

for export to and sale in a foreign country until the owner or shipper

has obtained from an inspector a certificate indicating that the

products are sound and wholesome (unless the Secretary has waived

certificate requirements for the country).

In 1986, the Food Safety and Inspection Service (FSIS) of the

Department of Agriculture, which administers the FMIA, amended its

regulations. Previously, the FSIS regulations required that exporters

deliver a duplicate of the export certificate to the shipper for filing

with Customs at the time the master's manifest or supplemental manifest

is filed by the chief officer with Customs; that is, on the day of

departure. Otherwise, the vessel carrying the meat or meat products

would not be granted clearance. Because Sec. 4.75 of the Customs

regulations allows shippers a delay of four business days in the filing

of a Complete Cargo Declaration (manifest), the FSIS regulations were

amended to allow a vessel carrying a shipment of meat or meat products

to clear in those instances where the duplicate export certificate is

not available at departure time. In lieu of the duplicate export

certificate, the shipper, shipper's agent or the vessel's agent must

provide Customs with a statement under the shipper's or agent's

letterhead signed by the shipper which briefly describes the shipment

of the product, the number of boxes, the number of pounds, the product

name and the USDA export certificate number that covers the shipment.

Exporters must file the duplicate export certificate within 4 days of

the clearance of a vessel carrying a shipment of meat products.

In order to maintain consistency with Customs and USDA regulations,

Customs is now proposing to amend that section of its regulations

governing the clearance of vessels carrying meat products. Section

4.72(a) of the Customs Regulations (19 CFR 4.72(a)) currently states

that no clearance shall be granted to a vessel carrying meat or meat-

food product until copies of the export certificates issued by the USDA

have been filed with the district director. Customs is proposing to

amend this section so that clearance can be granted to vessels when

documents complying with the requirements of 9 CFR part 322 of the USDA

regulations are submitted. Shippers will still have to comply with the

four-day time limit of Sec. 4.75 for submitting the actual USDA export

certificate.

Comments

Before adopting the proposed amendment, consideration will be given

to any written comments timely submitted to Customs. Comments submitted

will be available for public inspection in accordance with the Freedom

of Information Act (5 U.S.C. 552), Sec. 1.4, Treasury Regulations (31

CFR 1.4), and Sec. 103.11(b), Customs Regulations (19 CFR 103.11(b)),

on regular business days between the hours of 9 a.m. and 4:30 p.m. at

the Regulations Branch, 1099 14th Street, NW., Suite 4000, Washington,

DC.

Executive Order 12866 and Regulatory Flexibility Act

This amendment is not a ``significant regulatory action'' within

the meaning of E.O. 12866. Based on the supplementary information set

forth above and pursuant to the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601, et seq.), it is certified that the

proposed amendment, if adopted, will not have a significant economic

impact on a substantial number of small entities. Accordingly, it is

not subject to the regulatory analysis or other requirements of 5

U.S.C. 603 and 604.

Drafting Information

The principal author of this document was Peter T. Lynch,

Regulations Branch, Office of Regulations and Rulings, U.S. Customs

Service. However, personnel from other offices participated in its

development.

List of Subjects in 19 CFR Part 4

Customs duties and inspection, Exports, Meat and meat products,

Meat inspection, Vessels.

Proposed Amendment

It is proposed to amend part 4, Customs Regulations (19 CFR part

4), as set forth below.

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

1. The general authority citation for part 4 continues to read as

follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624;

46 U.S.C. App. 3, 91;

2. Paragraph (a) of Sec. 4.72 is revised by adding, at the end

thereof, two new sentences to read as follows:

Sec. 4.72 Inspection of meat, meat-food products, and inedible fats.

(a) * * * If such certificate has been obtained but is unavailable

at the scheduled time of the vessel's departure, the vessel may be

cleared on the basis of the receipt of a statement, under the shipper's

or shipper's agent's letterhead, certifying the number of boxes, the

number of pounds, the product name and the USDA export certificate

number that covers the shipment of the product. If such statement has

been used as the basis for obtaining vessel clearance, the duplicate of

the certificate must be filed with Customs within the time prescribed

by Sec. 4.75 of this part.

* * * * *

Samuel H. Banks,

Acting Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

Approved: April 28, 1994.

[FR Doc. 94-11857 Filed 5-13-94; 8:45 am]

BILLING CODE 4820-02-P