Solid Wood Packing Material From China

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 98-087-4]

RIN 0579-AB01

Solid Wood Packing Material From China

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule.

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SUMMARY: This document amends an interim rule published in the Federal

Register on September 18, 1998, and effective December 17, 1998. That

interim rule amends the regulations for importing logs, lumber, and

other unmanufactured wood articles by adding treatment and

documentation requirements for solid wood packing material imported

from the Peoples Republic of China, including the Hong Kong Special

Administrative Region. We are amending certain provisions of that rule

regarding two documents, the official certificate and the exporter

statement, and provisions regarding use of these documents for the

entry of goods imported into the United States from the Peoples

Republic of China including Hong Kong. We are adding a provision

regarding a third document, the importer statement. We are making these

changes to better coordinate the requirements of the rule with the

United States Customs Service's electronic Automated Broker Interface

system and entry operations procedures.

DATES: Interim rule effective December 17, 1998. Consideration will be

given only to comments received on or before February 16, 1999.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 98-087-4, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 98-087-4. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Campbell, Import

Specialist, Phytosanitary Issues Management Team, PPQ, APHIS, 4700

River Road Unit 140, Riverdale, MD 20737-1236, (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

The Animal and Plant Health Inspection Service (APHIS) regulates

the importation of logs, lumber, and other unmanufactured wood articles

to prevent the introduction into the United States of dangerous plant

pests, including forest pests.

On September 18, 1998, we published in the Federal Register (63 FR

50100-50111, Docket No. 98-087-1) an interim rule that amended the

regulations by imposing certain requirements on imported solid wood

packing material (SWPM) from the Peoples Republic of China (referred to

below as the PRC), including the Hong Kong Special Administrative

Region (referred to below as Hong Kong). That interim rule was

promulgated in order to prevent the introduction and establishment of

the Asian longhorned beetle and other dangerous plant pests associated

with SWPM from the PRC including Hong Kong. Under that rule (referred

to below as the interim rule), if a commercial shipment from the PRC

including Hong Kong contains SWPM, then prior to departure from the PRC

including Hong Kong the SWPM must be heat treated, fumigated, or

treated with preservatives 1, and must be accompanied by a

certificate signed by an official of a responsible government agency

that documents the treatment of the SWPM. The interim rule also

required that commercial shipments from the PRC including Hong Kong

that do not contain any SWPM include an exporter statement on, or

attached to, the commercial invoice and as an attachment to the bill of

lading stating that the shipment contains no SWPM.

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\1\ Allowed preservatives must use a product that is registered

by the United States Environmental Protection Agency, applied in

accordance with label directions. In response to questions from

industry, APHIS wishes to give notice that registered borate

products are one allowed preservative.

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Since publication of the interim rule, in the course of

coordinating with the United States Customs Service (referred to below

as Customs) to prepare for implementation of the rule, we have become

aware of several potential problems that could be caused by the

language of the interim rule. These potential problems concern four

areas: (1) What types of shipments are regulated; (2) location and

presentation of documents required by the interim rule; (3) identity of

authorities authorized to issue certificates required by the interim

rule; and (4) liability of importers under the Customs import bond and

the international carrier bond. The changes we are making to address

these four problem areas are discussed below.

What Types of Shipments Are Regulated

The earlier interim rule imposed requirements on articles and SWPM

``from China,'' which resulted in some confusion regarding

transshipments, through ports of the PRC including Hong Kong, of cargo

from other countries, and whether merchandise and SWPM from another

country would be regulated if it was transshipped through the Peoples

Republic of China including Hong Kong en route to the United States.

This current rule uses the terms ``merchandise exported from the PRC

including Hong Kong accompanied by solid wood packing material'' and

``merchandise exported from the PRC including Hong Kong not accompanied

by any solid wood packing material.'' We have also added a prefatory

sentence reading ``This paragraph does not apply to shipments

transitting the Peoples Republic of China including Hong Kong from

other countries en route to the United States, unless other merchandise

or solid wood packing material is added to such shipments while in the

Peoples Republic of China including Hong Kong.'' In both the original

interim rule and this amendment, APHIS intends the

[[Page 69540]]

regulatory requirements to apply to merchandise and SWPM from the

Peoples Republic of China including Hong Kong, not to merchandise and

SWPM that originated in other countries and were merely transshipped

through PRC or Hong Kong ports en route to the United States. So, for

example, merchandise from Europe packed in SWPM from Europe that was

transshipped through Hong Kong would not be subject to the regulations;

but if merchandise or SWPM was added to that shipment in Hong Kong,

that merchandise and SWPM would be subject to the regulations.

As discussed in the interim rule, Hong Kong as well as the mainland

of China is subject to regulation due to the close and unique economic

connections between the Hong Kong Special Administrative Region and the

mainland of China, and the fact that about half of the mainland of

China's exports to the United States go through Hong Kong.

Additionally, Hong Kong does not produce any SWPM from its own forests

and obtains the bulk of its SWPM from the mainland of China. Because

there are no internal controls in the PRC to prevent the movement of

the pests of concern, there is a significant risk that the SWPM Hong

Kong obtains from the mainland of China and uses to export Hong Kong

goods to the United States could introduce pests into the United States

unless the SWPM is treated in accordance with the regulations.

Location and Presentation of Documents Required by the Interim Rule

The interim rule required that SWPM from the PRC including Hong

Kong ``be accompanied by'' the required government certificate, and

that shipments of merchandise from the PRC including Hong Kong that

contain no SWPM must have an exporter statement ``on or attached to the

commercial invoice and as an attachment to the bill of lading.''

Attachment of certificates and exporter statements could greatly

increase the size of vessel manifests. The purpose of requiring

documents to be attached was to allow inspectors at the port of entry

to confirm that the required documents exist.

It is not necessary for the certificate to physically accompany the

shipment if the existence of the certificate is confirmed and a copy of

it is available to the inspector when needed. When cargo enters the

United States using Customs electronic entry procedures, the existence

of a certificate and the contact person who can provide a copy of the

certificate can be recorded in the Customs Automated Broker Interface

(ABI) discussed below. Therefore, this rule will not require that a

certificate accompany a shipment containing SWPM from the PRC including

Hong Kong, if the pertinent entry summary has been electronically filed

in the Customs ABI. Instead, the rule will require that an importer

must have on file in his or her office a certificate accurately

documenting the treatment of the SWPM. The importer must also have on

file an importer statement, which is a written statement by the

importer affirming that the importer has on file at his or her office

the required certificate. This importer statement will be useful in

enforcing the regulations because in the importer statement the

importer attests to awareness of and compliance with the certificate

requirement. The importer must produce a copy of the certificate and

the importer statement if requested by an inspector. The importer must

retain copies of these two documents in its office for a period of one

year following the date of importation.

For importers who do not employ ABI filing for their shipments, the

rule will continue to require that a copy of the certificate accompany

the shipment. These importers, however, must also have a copy of the

certificate and importer statement on file at their office and retain

them for a period of one year following the date of importation.

While using ABI records will allow inspectors to avoid having to

examine the certificate for every certified shipment from the PRC

including Hong Kong, it is necessary that an exporter statement be

available in the paperwork associated with every shipment that does not

contain SWPM. This is because APHIS enforcement activities at ports

usually begin with examination of manifests and other cargo documents,

and an exporter statement attached to these documents is the basis for

distinguishing between shipments that contain regulated SWPM and

shipments that do not. In other words, an inspector reviewing manifests

and bills of lading must assume that any shipment that does not have an

exporter statement in these documents should contain SWPM, and

therefore has a certificate and importer statement on file in the

importer's office. Any shipment that does not contain SWPM, but lacks

an exporter statement documenting this fact attached to the associated

paperwork, may be delayed while the inspector determines through

inspection that it does not contain SWPM.

Therefore, we are continuing to require that an exporter statement

be presented at the port, rather than be available on file in the

importer's office. However, to provide more options for presenting the

exporter statement, we are changing the requirement that it be attached

to both the commercial invoice and the bill of lading. Instead, it may

be attached to the bill of lading, commercial invoice, or airway bill,

or may be supplied to the inspector at the port of arrival prior to

arrival of the cargo. In this last case the exporter statement would

not need to accompany the bill of lading, invoice, or airway bill.

Thus, an importer using ABI must ensure that a certificate has been

issued for his shipment if it contains SWPM from the Peoples Republic

of China including Hong Kong, and must keep this certificate along with

the importer statement on file in his or her office, and must produce

them if requested by an inspector. Importers who do not use ABI must

ensure that a copy of the certificate accompanies their shipment, and

that the certificate and importer statement are on file in his or her

office. For shipments from the PRC including Hong Kong containing no

SWPM, the importer must present an exporter statement by either

attaching it to papers accompanying the shipment, or by sending it

(e.g., by fax) in advance to the port of arrival.

We anticipate that brokers and importers will make extensive use of

fax transmission to provide inspectors with copies of certificates the

inspectors request, and to send inspectors exporter statements in

advance of the arrival of cargo. We will be enhancing the capabilities

of affected ports to receive large volumes of faxes, and will widely

publish the port fax machine telephone numbers.

Additionally, as described below, brokers who use the ABI for their

shipments must indicate the existence of a certificate or exporter

statement for a shipment in the appropriate field of the ABI. (Customs

is currently developing ABI fields for this purpose, and instructions

to ABI users.) Inspectors will thus be able to use ABI data to see

whether the importer states that a certificate or exporter statement

exists for each shipment listed in the ABI (which is currently used for

over 75 percent of all seaborne cargo shipments).

The ABI is being modified to include new fields for cargo imported

from the PRC including Hong Kong (at a minimum, one field documenting

existence of a certificate and that the shipment contains SWPM, and

another field documenting the existence of an exporter statement and

that the shipment does not contain SWPM).

[[Page 69541]]

Because the electronic filing protocol will not accept a filing for

cargo from the PRC including Hong Kong unless the broker making the

filing completes one of these two fields, the revised ABI will help

ensure that brokers and importers are aware of the APHIS regulatory

requirements for SWPM. We expect this feature will greatly enhance

awareness of and compliance with the regulations.

On another topic related to the location and presentation of

documents required by the regulations, we are adding a new paragraph

Sec. 319.40-5(i), ``Special provisions for air overnight couriers and

air express delivery companies.'' This paragraph clarifies that

companies that carry express delivery packages from the PRC including

Hong Kong to the United States for many different customers may present

a single certificate, exporter statement, or both (as appropriate under

the regulations) for each aircraft carrying their packages for delivery

in the United States. The company may present a single certificate if

it has arranged treatment of all the SWPM on the flight, or it may

present multiple certificates if the flight carries multiple packages

containing SWPM that were accepted for delivery from multiple

customers, each of whom arranged treatment and certification of their

own packages. The company may also present a single exporter statement

if it determines that all packages on the flight not accompanied by

certificates are free from SWPM. Alternatively, the company may present

more than one exporter statement if it finds, for instance, that it is

more convenient to have individual customers write exporter statements

for their own packages.

As provided by the original interim rule, if an importer does not

present the required documents, or is otherwise in violation of the

regulations, inspectors at the port of entry can order the shipment to

be reexported. If there is no immediate plant pest risk and appropriate

facilities ara available for use, inspectors may allow the SWPM to be

separated from the cargo and reexported or destroyed. Separation of the

cargo from the SWPM will only be allowed if the inspector determines

this may be done without risk of spreading plant pests. If there is no

secure area in which a shipment can be stored until the importer

produces required documentation, or if there is no secure area where

separation of cargo and SWPM can occur, or if separation cannot be done

in a manner to prevent risk of pests escaping, the inspector will order

the shipment reexported.

Identity of National Authorities Authorized To Issue Certificates

Required by the Interim Rule

It appears that readers of the interim rule would like further

guidance on which national authorities may issue certificates.

Therefore, we are changing the phrase ``a certificate signed by an

official of a Chinese government agency authorized by the national

government of China,'' to read ``a certificate signed by an official of

the applicable government agency authorized by the government of the

Peoples Republic of China or the government of the Hong Kong Special

Administrative Region.'' To make it perfectly clear that the

regulations apply to Hong Kong, we are also changing several references

to articles ``from China'' to read ``from the Peoples Republic of China

including Hong Kong.''

Liability Under the Import Bond and the International Carrier Bond

The interim rule explained how APHIS would charge user fees for

certain activities required to enter cargo from the PRC including Hong

Kong in accordance with the regulations, but did not specifically

discuss the overall liability of importers and carriers under the

interim rule. This amendment includes a new paragraph, Sec. 319.40-

5(k), that describes the liability of importers. The new paragraph on

liability states that ``Any failure of an importer to comply with any

of the provisions regarding the maintenance or presentation of records

or information as prescribed in this subpart may result in liability

under the Customs basic import bond. Any failure of a carrier to comply

with any of the provisions regarding the maintenance or presentation of

records or information as prescribed in this subpart may result in

liability under the international carrier bond.'' Paragraphs (g)(6) and

(h) of Sec. 319.40-5 in this amendment also discuss importers' costs

associated with inspection, separation, and destruction or

reexportation of any solid wood packing material. This amendment adds

the sentence ``Any such costs may be charged to the importer's customs

bond'' to those paragraphs.

Immediate Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that there is good cause for publishing this interim

rule without prior opportunity for public comment. Immediate action is

necessary to prevent further introduction and spread of exotic pests

associated with SWPM from the Peoples Republic of China including Hong

Kong.

Because prior notice and other public procedures with respect to

this action are impracticable and contrary to the public interest under

these conditions, we find good cause under 5 U.S.C. 553 to make this

rule effective on December 17, 1998. We will consider comments that are

received within 60 days of publication of this rule in the Federal

Register. After the comment period closes, we will publish another

document in the Federal Register. The document will include a

discussion of any comments we receive and any amendments we are making

to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

This interim rule has been reviewed under Executive Order 12866.

The rule has been determined to be not significant for the purposes of

Executive Order 12866 and, therefore, has not been reviewed by the

Office of Management and Budget.

This interim rule makes minor changes regarding documentation and

entry procedures to the earlier interim rule published on September 18,

1998 (63 FR 50100-50111, Docket No. 98-087-1) affecting importation of

solid wood packing materials from the PRC including Hong Kong. Please

refer to the text of that rule for a discussion of its effects under

Executive Order 12886 and the Regulatory Flexibility Act.

Executive Order 12988

This rule has been reviewed under Executive Order 12988, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are inconsistent with this rule; (2) has no

retroactive effect; and (3) does not require administrative proceedings

before parties may file suit in court challenging this rule.

National Environmental Policy Act and Environmental Effects Abroad

of Major Federal Actions

An environmental assessment and finding of no significant impact

have been prepared for the earlier interim rule published on September

18, 1998 (63 FR 50100-50111, Docket No. 98-087-1). This new interim

rule will not result in any environmental effects not discussed in that

environmental assessment.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.

3501 et seq.), the information collection or recordkeeping requirements

included in

[[Page 69542]]

this rule have been approved by the Office of Management and Budget

(OMB) under OMB control number 0579-0135.

List of Subjects in 7 CFR Part 319

Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by

reference, Nursery Stock, Plant diseases and pests, Quarantine,

Reporting and recordkeeping requirements, Rice, Vegetables.

Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

1. The authority citation for part 319 continues to read as

follows:

Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and

2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).

2. In Sec. 319.40-1, a new definition is added in alphabetical

order to read as follows:

Sec. 319.40-1 Definitions

* * * * *

Importer statement. A written declaration by the importer, for a

shipment containing solid wood packing material from the Peoples

Republic of China including Hong Kong, affirming that the importer has

on file at his or her office the certificate required under

Sec. 319.40-5(g)(2)(i).

* * * * *

Sec. 319.40-3 [Amended]

3. In Sec. 319.40-3, paragraphs (b)(1), (b)(2), and (b)(3), the

first sentence of the introductory text in each paragraph is amended by

removing the phrase ``from China must be imported in accordance with

Sec. 319.40-5(g)'' and adding in its place the phrase ``from the

Peoples Republic of China including Hong Kong must be imported in

accordance with Sec. 319.40-5(g), (h), and (i).''

4. In Sec. 319.40-5, paragraphs (g) and (h) are revised, and new

paragraphs (i), (j), and (k) are added, to read as follows:

Sec. 319.40-5 Importation and entry requirements for specified

articles.

* * * * *

(g) Solid wood packing material and merchandise from the Peoples

Republic of China including Hong Kong. This paragraph does not apply to

shipments transitting the Peoples Republic of China including Hong Kong

from other countries en route to the United States, unless merchandise

or solid wood packing material is added to such shipments while in the

Peoples Republic of China including Hong Kong. Otherwise, merchandise

exported from the Peoples Republic of China including Hong Kong that is

accompanied by solid wood packing material may only be entered into the

United States in accordance with this paragraph (g) and paragraph (i)

of this section. This restriction applies to both merchandise that

originated in the Peoples Republic of China including Hong Kong and

merchandise that entered the Peoples Republic of China including Hong

Kong for further processing or packaging, regardless of whether the

merchandise moves directly from the Peoples Republic of China including

Hong Kong to the United States or transits other countries en route to

the United States.

(1) Prior to exportation from the Peoples Republic of China

including Hong Kong, any solid wood packing material must be heat

treated, fumigated, or treated with preservatives, using a treatment

schedule contained in Sec. 319.40-7 or in the Plant Protection and

Quarantine Treatment Manual, which is incorporated by reference at

Sec. 300.1 of this chapter. During the entire interval between

treatment and export the solid wood packing material must be stored,

handled, or safeguarded in a manner which excludes any infestation of

the solid wood packing material by plant pests.

(2) Any merchandise accompanied by solid wood packing material

exported from the Peoples Republic of China including Hong Kong may

only be entered if the importer has on file at its office, and retains

there for a period of one year following the date of importation, the

following documents:

(i) A certificate signed by an official of the applicable

government agency authorized by the government of the Peoples Republic

of China or the government of the Hong Kong Special Administrative

Region, stating that the solid wood packing material, prior to export

from the Peoples Republic of China including Hong Kong, has been heat

treated, fumigated, or treated with preservatives using a treatment

schedule contained in Sec. 319.40-7 or in the Plant Protection and

Quarantine Treatment Manual, and

(ii) An importer statement (a written statement by the importer

affirming that the importer has on file at his or her office the

certificate required under paragraph (g)(2)(i) of this section).

(3) In addition to the document requirements of paragraph (g)(2) of

this section, a copy of the certificate must accompany all shipments

that do not enter using the United States Customs Service's electronic

entry filing and Automated Broker Interface.

(4) Upon the request of an APHIS inspector or a United States

Customs Service officer, the importer must produce a copy of the

certificate and importer statement issued for any shipment.

(5) At their option, in order to expedite release of a shipment, an

importer may provide a certificate to the APHIS inspector at the port

of first arrival prior to the arrival of the shipment. Exporters may

also at their option, in order to expedite release of their shipment at

the port of first arrival, arrange to have each article of solid wood

packing material that has been treated marked at the treatment facility

with a stamp or weatherproof label that reads CHINA TREATED. This type

of marking, however, is not a substitute for the required certificate.

(6) If an APHIS inspector determines that a shipment imported from

the Peoples Republic of China including Hong Kong contains plant pests,

or contains solid wood packing material that was not heat treated,

fumigated, or treated with preservatives, the APHIS inspector may

refuse entry of the entire shipment (merchandise and solid wood packing

material). If an importer does not produce upon request by an APHIS

inspector the certificate required for a shipment imported from the

Peoples Republic of China including Hong Kong containing solid wood

packing material, the APHIS inspector may refuse entry into the United

States of the entire shipment (merchandise and solid wood packing

material) until the certificate is produced. For any shipment refused

entry, if the APHIS inspector determines that the merchandise may be

separated from the solid wood packing material and that the solid wood

packing material may be destroyed or reexported without risk of

spreading plant pests, the inspector may allow the importer to separate

the merchandise from the solid wood packing material at a location and

within a time period specified by the inspector to prevent the

dissemination of plant pests, and destroy or reexport the solid wood

packing material under supervision of an inspector. The means used to

destroy solid wood packing material under this section must be

incineration, or chipping followed by incineration. The importer shall

be responsible for all costs associated with inspection, separation,

and destruction or reexportation of any solid wood packing material,

including costs of the services of an inspector to monitor such

activities, in accordance with Sec. 354.3(j) of this chapter. Any such

costs may be charged to the importer's customs bond.

(h) Cargo from the Peoples Republic of China including Hong Kong

that does

[[Page 69543]]

not contain solid wood packing material. Merchandise exported from the

Peoples Republic of China including Hong Kong that is not accompanied

by any solid wood packing material must have attached to the commercial

invoice, the bill of lading, or the airway bill, an exporter statement

stating that the shipment contains no solid wood packing material. As

an alternative to attaching the exporter statement to the paperwork

presented at entry, the importer may provide the exporter statement to

the APHIS inspector at the port of entry prior to arrival of the

shipment. Any shipment is subject to inspection for solid wood packing

material, and if such inspection is ordered by an inspector, the

shipment will not be granted entry into the United States prior to

completion of the inspection. If the inspection reveals solid wood

packing material, the inspector may refuse entry into the United States

of the entire shipment (merchandise and solid wood packing material).

Any shipment refused entry will be handled in accordance with the

procedures in paragraph (g)(6) of this section. The importer shall be

responsible for all costs associated with inspection, separation, and

destruction or reexportation of any solid wood packing material,

including costs of the services of an inspector to monitor such

activities in accordance with Sec. 354.3(j) of this chapter. Any such

costs may be charged to the importer's customs bond.

(i) Special provisions for air overnight couriers and air express

delivery companies. Overnight couriers and express delivery companies

must present to an APHIS inspector at the port of first arrival, at or

prior to the time of entry, one or more certificates for each arriving

aircraft that carries packages employing solid wood packing material.

The company may present one certificate in cases where the company has

arranged treatment of all solid wood packing material on the flight,

and may present multiple certificates in cases where packages with

solid wood packing material were accepted for delivery by the company

from multiple customers, each of whom arranged for treatment and

certification of their respective packages. The certificates must be

signed by an official of the applicable government agency authorized by

the government of the Peoples Republic of China or the Hong Kong

Special Administrative Region, and must state that the solid wood

packing material, prior to export from the Peoples Republic of China

including Hong Kong, has been heat treated, fumigated, or treated with

preservatives using a treatment schedule contained in Sec. 319.40-7 or

in the Plant Protection and Quarantine Treatment Manual. If the

aircraft contains no packages that employ solid wood packing material,

or contains both packages that do and do not employ solid wood packing

material, the overnight courier or express delivery company must also

present to an APHIS inspector at the port of first arrival, at or prior

to the time of entry, one or more exporter statements stating that the

packages on the aircraft not covered by a certificate contain no solid

wood packing material.

(j) Customs entry or entry summary filing requirements. By

instruction, the United States Customs Service will inform importers of

any information that may be required on entry or entry summary

documentation under the Automated Broker Interface or other entry

filing systems, electronic or otherwise, with regard to recording the

existence of certificates, importer statements affirming that the

importer has on file at his or her office any certificate required, and

exporter statements that there is no solid wood packing material in a

shipment.

(k) Liability under the Customs import bond and international

carrier bond. Any failure of an importer to comply with any of the

provisions regarding the maintenance or presentation of records or

information as prescribed in this subpart may result in liability under

the Customs basic import bond. Any failure of a carrier to comply with

any of the provisions regarding the maintenance or presentation of

records or information as prescribed in this subpart may result in

liability under the international carrier bond.

Done in Washington, DC, this 14th day of December 1998.

Craig A. Reed,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-33444 Filed 12-14-98; 3:33 pm]

BILLING CODE 3410-34-P