Filing of Export Certificates

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 4

[T.D. 95-54]

RIN 1515-AB46

Filing of Export Certificates

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

ACTION: Final rule.

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SUMMARY: This document amends 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 if a statement is

provided to Customs 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.

EFFECTIVE DATE: August 11, 1995.

FOR FURTHER INFORMATION CONTACT: Barbara Whiting, Carrier Rulings

Branch, (202) 482-6940.

SUPPLEMENTARY INFORMATION:

Background

In this document, Customs amends its regulations so that there will

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

Agriculture (USDA) and those of Customs regarding the time frame within

which an exporter must file a certificate certifying the wholesomeness

of meat or meat-food 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).

On May 16, 1994, Customs published a Notice of Proposed Rulemaking

in the Federal Register (59 FR 25376) in which it proposed amending the

Customs Regulations so that they would conform to the USDA Regulations

which governed the duties of exporters of meat and meat products and

which had been amended at an earlier date.

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, 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 or meat products.

Analysis of Comments

In response to its request for comments on the Notice of Proposed

Rulemaking, Customs received only one comment and that comment

supported the proposed amendment. The comment also suggested that

Customs undertake additional measures to coordinate interagency

activities. Because this suggestion exceeds the scope of the original

proposal, Customs need not address it here. However, should Customs

determine any additional actions should be taken in the future, a new

Notice of Proposed Rulemaking will be published.

Determination

After further consideration of the proposal and in light of the

only comment received supporting the proposal, Customs has determined

that it should amend that section of its regulations governing the

clearance of vessels carrying meat and meat products. Section 4.72(a)

of the Customs Regulations (19 CFR 4.72(a)) is being amended so that

rather than withhold clearance until copies of the USDA issued export

certificates have been filed with the district director, Customs can

now grant clearance to vessels when a statement is submitted to Customs

describing the shipment and the export certificates. Shippers will

still have to comply with the 4-day time limit of Sec. 4.75 for

submitting copies of the USDA export certificates.

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

amendment 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.

Amendment to the Regulations

For the reasons set forth above, part 4, Customs Regulations (19

CFR part 4), is amended as set forth below.

[[Page 35838]]

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 amended 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 a 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 U.S. Department of

Agriculture 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 period prescribed by Sec. 4.75.

* * * * *

George J. Weise,

Commissioner of Customs.

Approved: June 26, 1995.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 95-17062 Filed 7-11-95; 8:45 am]

BILLING CODE 4820-02-P