[Federal Register Volume 63, Number 242 (Thursday, December 17, 1998)]
[Rules and Regulations]
[Pages 69539-69543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33444]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 63, No. 242 / Thursday, December 17, 1998 /
Rules and Regulations
[[Page 69539]]
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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
