Implementation of the Temporary Tariff-Rate Quota for Imports of Lamb Meat

OFFICE OF THE TRADE REPRESENTATIVE

15 CFR Part 2014

Implementation of the Temporary Tariff-Rate Quota for Imports of

Lamb Meat

AGENCY: Office of the United States Trade Representative.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule provides for the establishment of an export

certificate procedure to assist in the orderly marketing of lamb meat

imports from countries provided a specific import allocation under the

temporary tariff-rate quota that the President has imposed on those

products.

DATES: Interim rule effective on October 20, 1999. Comments must be

received on or before December 20, 1999.

ADDRESSES: Comments may be sent to Teresa Howes, Director for Asian

Agricultural Affairs, Office of the United States Trade Representative,

600 17th Street NW, Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT: Teresa Howes, Director for Asian

Agricultural Affairs, Office of the United States Trade Representative,

600 17th Street, NW, Washington, DC 20508; telephone: (202) 395-6127.

SUPPLEMENTARY INFORMATION: On July 7, 1999, the President issued

Proclamation 7208 (64 FR 37387) (July 9, 1999), which established a

temporary tariff-rate quota (``TRQ'') and increased duties, effective

July 22, 1999, on lamb meat imports to facilitate the domestic

industry's adjustment to import competition. In order to provide for

the efficient and fair administration of the TRQ, on July 30, 1999, the

President issued Proclamation 7214 (64 FR 42265) (Aug. 4, 1999), which

delegated to the United States Trade Representative (``USTR'')

authority to administer the TRQ.

To provide for the efficient and fair administration of the TRQ,

USTR is establishing a procedure under which countries that have been

allotted an in-quota allocation under the TRQ may use a system of

export certificates to ensure that only those of its lamb meat exports

specifically designated for the United States market are counted

against the country's in-quota allocation.

Under the interim rule, a country that was provided a specific in-

quota allocation under the TRQ may elect to have the United States

Customs Service (``U.S. Customs'') determine which lamb meat imports

are to be counted against the country's in-quota allocation, and thus

be assessed the lower rate of duty applicable to in-quota imports,

based on whether the country has issued (or authorized issuance of) an

export certificate for that lamb meat. Two countries, Australia and New

Zealand, were provided specific in-quota allocations under the TRQ.

Both governments have requested USTR to establish an export certificate

procedure to assist in the orderly marketing of their lamb meat exports

to the United States while the TRQ is in effect.

A country wishing to avail itself of the export certificate

procedure must notify USTR, and provide the necessary supporting

information. Australia and New Zealand have provided the requisite

supporting information, and USTR hereby determines that both countries

are ``participating countries'' under the export certificate procedure.

USTR intends to publish a notice in the Federal Register if Australia

or New Zealand ceases to be a participating country.

U.S. Customs will ensure that no imports of lamb meat from a

participating country are counted against the participating country's

in-quota allocation unless the importer declares that there is a valid

export certificate for that lamb meat. In the absence of such a

declaration, such imports will be not be eligible for the in-quota rate

of duty.

U.S. Customs will separately issue regulations governing its

implementation of this rule.

Comments

Before adopting this interim regulation as a final rule,

consideration will be given to any written comments that are timely

submitted to USTR. Each person submitting a comment should include his

or her name and address, and give reasons for any recommendation. After

the comment period closes, USTR will publish in the Federal Register a

final rule on this subject, together with a discussion of comments

received and any amendments made to the interim rule as a result of the

comments.

To simplify the processing and consideration of comments,

commenters are encouraged to submit documents in electronic form

accompanied by an original and one paper copy. All documents submitted

in electronic form should be on DOS formatted 3.5'' diskettes, and

should be prepared in either WordPerfect format or a format that the

WordPerfect program can convert and import into WordPerfect.

[[Page 56430]]

The Regulatory Flexibility Act and Executive Order 12866

Pursuant to the provisions of 5 U.S.C. 553 (a), public notice is

inapplicable to this interim rule because it is within the foreign

affairs function of the United States. Also, for the above reason,

there is no need for a delayed effective date under 5 U.S.C. 553(d). No

regulatory flexibility analysis is required for this rule since neither

5 U.S.C. 553 nor any other provision of law requires publication of a

general notice of proposed rulemaking with respect to this rule.

Because no notice of proposed rulemaking is required for interim

regulations, the provisions of the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) do not apply; and because this document involves a foreign

affairs function of the United States and implements an international

agreement, it is not subject to the provisions of E.O. 12866.

List of Subjects in 15 CFR Part 2014

Export certificates, Imports, Lamb meat, Tariff-rate quotas.

For the reasons set out in the ``Supplementary Information''

section of this notice, 15 CFR is amended by adding the following new

part 2014 to read as follows:

PART 2014--IMPLEMENTATION OF TARIFF-RATE QUOTA FOR IMPORTS OF LAMB

MEAT

Sec.

2014.1 Purpose.

2014.2 Definitions.

2014.3 Export certificates.

Authority: Proclamation Numbers 7208 and 7214; 19 U.S.C. 2253

(g)

Sec. 2014.1 Purpose.

The purpose of this part is to provide for the implementation of

the tariff-rate quota for imports of lamb meat established in

Proclamation 7208 (64 FR 37397) (July 9, 1999) and modified in

Proclamation 7214 (64 FR 42265) (Aug. 4, 1999). In particular, this

part provides for the administration of export certificates where a

country that has an allocation of the in-quota quantity under the

tariff-rate quota has chosen to use export certificates.

Sec. 2014.2 Definitions.

Unless the context otherwise requires, for the purpose of this

subpart, the following terms shall have the meanings assigned below.

(a) Lamb meat means fresh, chilled, or frozen lamb meat, provided

for in subheadings 0204.10.00, 0204.22.20, 0204.23.20, 0204.30.00,

0204.42.20, and 0204.43.20 of the HTS.

(b) In-quota lamb meat means lamb meat that is entered under the

in-quota rate of duty.

(c) Participating country means any country to which an allocation

of a particular quantity of lamb meat has been assigned under

Proclamation 7208 that USTR has determined is, and has notified to the

United States Customs Service as being, eligible to use export

certificates.

(d) Enter or Entered means to enter or withdraw from warehouse for

consumption.

(e) HTS means the Harmonized Tariff Schedule of the United States.

(f) USTR means the United States Trade Representative or the

designee of the United States Trade Representative.

Sec. 2014.3 Export certificates.

(a) In-quota lamb meat may only be entered as a product of a

participating country if the United States importer makes a declaration

to the United States Customs Service, in the form and manner determined

by the United States Customs Service, that a valid export certificate

is in effect with respect to that lamb meat product.

(b) To be valid, an export certificate shall:

(1) Be issued by or under the supervision of the government of the

participating country;

(2) Specify the name of the exporter, the product description and

quantity, and the calendar year for which the export certificate is in

effect;

(3) Be distinct and uniquely identifiable; and

(4) Be used in the calendar year for which it is in effect.

Robert T. Novick,

General Counsel, Office of the United States Trade Representative.

[FR Doc. 99-27426 Filed 10-18-99; 8:45 am]

BILLING CODE 3190-01-P