Exemptions From Import Regulations for Specified Commodities; Reopening of Comment Period on Interim Final Rules

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 944, 980 and 999

[Docket Nos. FV93-944-3IFR, FV93-980-1IFR and FV93-999-1IFR]

Exemptions From Import Regulations for Specified Commodities;

Reopening of Comment Period on Interim Final Rules

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Reopening of comment period.

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SUMMARY: This rule reopens the periods for filing written comments on

two interim final rules. The rules established exemptions from import

requirements for various fruit, vegetable and specialty crop

commodities. The rules added exemptions from grade, size, quality and

maturity requirements for the commodities imported for use in certain

specified outlets such as processing, livestock feed and donation to

charity. The rules also implemented safeguard provisions to assure that

such imports are utilized in a specified exempt outlet. The interim

final rules were published in the Federal Register on December 30,

1993. A correction to the interim final rule on fruit exemptions was

published on January 31, 1994.

DATES: Comments must be received by April 11, 1994.

ADDRESSES: Interested persons are invited to submit written comments

concerning the interim final rules. Comments must be sent in triplicate

to the Docket Clerk, Marketing Order Administration Branch, F&V, AMS,

USDA, room 2523-S, P.O. Box 96456, Washington, DC 20090-6456, FAX

Number (202) 720-5698. Comments should reference the docket numbers,

the date and page number of this issue of the Federal Register and will

be made available for public inspection in the Office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Tom Tichenor, Marketing Order Administration Branch, Fruit and

Vegetable Division, AMS, USDA, room 2536-S, P.O. Box 96456, Washington,

DC 20090-6456; telephone: (202) 720-1509, or FAX (202) 720-6862.

SUPPLEMENTARY INFORMATION: The interim final rules were implemented in

accordance with Annex 703.2(23) of the North American Free Trade

Agreement. The provision states that when a domestic agricultural

commodity has to meet quality requirements, and processed forms of the

commodity are exempt from those requirements, the same treatment is to

be provided to imports of the commodity destined for processing as

provided for the domestic commodity destined for processing.

The interim final rules also were issued under section 8e of the

Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-

674) (Act). Section 8e provides that whenever certain specified

commodities are regulated under a Federal marketing order, imports of

those commodities must meet the same or comparable grade, size,

quality, and maturity requirements as those in effect for the

domestically produced commodities. The domestic marketing agreements

and orders are authorized by the Act.

The interim final rules were issued on December 23, 1993, and

published in the December 30, 1993, issue of the Federal Register (58

FR 69182 for fruit crops and 58 FR 69186 for vegetable and specialty

crops). One interim final rule amended the following fruit crop import

requirements: Sec. 944.28 for avocados, Sec. 944.106 for grapefruit,

Sec. 944.209 for limes, Sec. 944.312 for oranges, Sec. 944.401 for

olives, Sec. 944.503 for table grapes, Sec. 944.550 for kiwifruit, and

Sec. 944.605 for Tokay grapes, and added Sec. 944.350 safeguard

procedures for exempt imports of these fruit commodities. The second

interim final rule amended the following vegetable crop import

requirements: Sec. 980.1 for Irish potatoes, Sec. 980.117 for onions,

Sec. 980.212 for tomatoes, and added Sec. 980.501 safeguard procedures

for exempt imports of those vegetable crops. The second rule also

amended the following specialty crop import requirements: Sec. 999.1

for dates, Sec. 999.100 for walnuts, and added Sec. 999.500 safeguard

procedures for exempt imports of those specialty crops. A correction to

the fruit crop exemption rule was published on January 31, 1994 (59 FR

4245).

The import requirements for these commodities were amended to

provide exemptions from grade, size, quality, and maturity requirements

that are the same as, or similar to, the exemptions provided to

handlers of the domestic commodities under the respective marketing

orders.

Because of the impact the rules have on affected persons and

entities, the Department has determined that it is in the public

interest to reopen the comment periods for the two interim final rules.

Accordingly, the comment periods are reopened to April 11, 1994.

List of Subjects

7 CFR Part 944

Avocados, Food grades and standards, Grapefruit, Grapes, Imports,

Kiwifruit, Limes, Olives, Oranges.

7 CFR Part 980

Import regulations, Onions, Potatoes, Tomatoes.

7 CFR Part 999

Import regulations, Dates, Filberts, Prunes, Raisins, Walnuts.

Authority: 7 U.S.C. 601-674.

Dated: March 7, 1994.

Martha B. Ransom,

Acting Deputy Director Fruit and Vegetable Division.

[FR Doc. 94-5643 Filed 3-10-94; 8:45 am]

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