Export Certificates for Beef Subject to Tariff-Rate Quota

DEPARTMENT OF THE TREASURY

19 CFR Part 132

[T.D. 96-12]

RIN 1515-AB73

Export Certificates for Beef Subject to Tariff-Rate Quota

AGENCY: Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document adopts as a final rule, without change, the

interim amendment to the Customs Regulations setting forth the form and

manner by which an importer may make a declaration that a valid export

certificate is in effect for imported beef which is the subject of a

tariff-rate quota and the product of a participating country, as

defined in regulations of the United States Trade Representative, in

accordance with the Uruguay Round Agreements Act.

EFFECTIVE DATE: February 1, 1996.

FOR FURTHER INFORMATION CONTACT: Karen Cooper, Quota Branch, (202) 927-

5401.

SUPPLEMENTARY INFORMATION:

Background

As a result of the Uruguay Round Agreements, approved by Congress

in Sec. 101 of the Uruguay Round Agreements Act (Pub. L. 103-465), the

President, by Presidential Proclamation No. 6763, established a tariff-

rate quota for imported beef.

The specific imported beef, as well as the various countries

eligible for the in-quota tariff rate are set forth in Additional U.S.

Note 3, Schedule XX, Chapter 2, of the Harmonized Tariff Schedule of

the United States. The eligible countries which may export such beef to

the United States and avail themselves of the preferential, in-quota

tariff rate include Australia, New Zealand and Japan.

As part of the implementation of the tariff-rate quota for beef,

the United States, specifically, the United States Trade Representative

(USTR), offered these exporting countries that have an allocation of

the in-quota quantity the opportunity to use export certificates for

their qualifying beef exports to the United States. Although countries

that have an allocation of the in-quota quantity are referred to in the

statutory law as ``participating countries'', for purposes of the

interim rule and now for this final rule, a participating country

constitutes an allocated country that has been authorized to

participate in the export certificate program. To this end, New Zealand

has requested the opportunity to participate in this program.

An exporting country using export certificates in this regard must

notify the USTR and provide the necessary supporting information.

Customs is then responsible for ensuring that no imports of beef from

that country are counted against the country's in-quota allocation

unless such beef is covered by a proper export certificate.

Accordingly, the USTR undertook rulemaking in this matter (15 CFR

2012.2 and 2012.3).

In addition, Customs issued an interim rule published in the

Federal Register (60 FR 39108) on August 1, 1995, in order to set forth

the form and manner by which an importer declares that a valid export

certificate exists, including a unique number therefor which must be

referenced on the entry, or withdrawal from warehouse, for consumption.

This interim rule also included a record retention period for the

certificate and required the submission of such certificate to Customs

upon request.

No comments were received from the public in response to the

invitation therefor set forth in the interim rule, and Customs has

determined to adopt this rule as a final rule without change.

Executive Order 12866 and Regulatory Flexibility Act

Because this document involves a foreign affairs function of the

United States and implements an international agreement, it is not

subject to E.O. 12866. Because no notice of proposed rulemaking was

required in this case, the provisions of the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.) do not apply.

Drafting Information

The principal author of this document was Russell Berger, 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 132

Customs duties and inspection, Imports, Postal service, Quotas.

Amendment to the Regulations

PART 132--QUOTAS

Accordingly, the interim rule amending 19 CFR part 132 to add a new

Sec. 132.15, which was published in the Federal Register at 60 FR 39108

on August 1, 1995, is adopted as a final rule without change.

George J. Weise,

Commissioner of Customs.

Approved: December 22, 1995.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 96-1992 Filed 1-31-96; 8:45 am]

BILLING CODE 4820-02-P