[Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
[Rules and Regulations]
[Pages 5087-5096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1866]
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DEPARTMENT OF AGRICULTURE
Consolidated Farm Service Agency
7 CFR Part 782
RIN 0560-AD77
End-Use Certificate Program
AGENCY: Consolidated Farm Service Agency, USDA.
ACTION: Final rule.
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SUMMARY: Pursuant to section 321(f) of the North American Free Trade
Agreement Implementation Act (the Act), a proposed rule was published
on October 20, 1994 with respect to the implementation of an end-use
certificate program for wheat and barley imported from any foreign
country or instrumentality that as of April 8, 1994, required end-use
certificates for imports of U.S.-produced wheat and barley,
respectively. This final rule adopts provisions of the proposed rule,
with the exception of changes that were made based on comments received
in response to the proposed rule. The major changes are further
discussed in the Summary of Comments portion of this final rule.
Accordingly, this final rule sets forth the policies and procedures
that the Consolidated Farm Service Agency (CFSA), formerly the
Agricultural Stabilization and Conservation Service (ASCS), will use to
implement this end-use certificate program.
EFFECTIVE DATE: February 27, 1995.
FOR FURTHER INFORMATION CONTACT: Deputy Administrator, Commodity
Operations, Consolidated Farm Service Agency, United States Department
of Agriculture, P.O. Box 2415, Washington, DC 20013-2415.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule has been determined to be significant and was
reviewed by the Office of Management and Budget (OMB) under Executive
Order 12866.
Executive Order 12778
This final rule has been reviewed in accordance with Executive
Order 12778. The provisions of this final rule do not preempt State
laws, are not retroactive, and do not involve administrative appeals.
Environmental Evaluation
It has been determined by an environmental evaluation that this
[[Page 5088]] action will not have a significant impact on the quality
of the human environment. Therefore, neither an Environmental
Assessment nor an Environmental Impact Statement is needed.
Executive Order 12372
This program/activity is not subject to the provisions of Executive
Order 12372, which requires intergovernmental consultation with State
and local officials. See notice related to 7 CFR Part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
Paperwork Reduction Act
This final rule contains new reporting and recordkeeping
requirements. The new requirements have been submitted to OMB for
approval under the provisions of 44 U.S.C. 35. Send comments regarding
this collection of information to: Department of Agriculture, Clearance
Office, Office of Information Resources Management, Room 404-W,
Washington, DC 20250, and Regulatory Affairs of OMB, Attention: Desk
Officer for USDA, Room 3201, New Executive Office Building, Washington,
DC 20503.
Final Regulatory Impact Analysis
The Final Regulatory Impact Analysis describing the impact of the
implementation of this final rule is available upon request from Craig
Jagger, Grains Analysis Division, CFSA, P.O. Box 2415, Washington, DC
20013-2415; telephone: (202) 720-4418.
Regulatory Flexibility Act
It has been determined under the Regulatory Flexibility Act that
this final rule will have an adverse effect on a substantial number of
small businesses. The analysis discussing these impacts is available
upon request from Craig Jagger, at the address and telephone number
noted above.
Background
The Act requires that a U.S. end-use certificate program be
established for wheat and barley imported from any foreign country or
instrumentality that, as of April 8, 1994, required end-use
certificates for imports of U.S.-produced wheat and barley. As of that
date and currently, Canada is the only country that has such a
requirement for wheat. Neither Canada nor any other country had an end-
use requirement for barley on April 8, 1994.
Pursuant to section 101(a)(2) of the Act, Congress approved the
Statement of Administrative Action prepared to implement the North
American Free Trade Agreement. The Statement of Administrative Action
states that the purpose of the U.S. end-use requirement is to ensure
that foreign agricultural commodities do not benefit from U.S. export
programs. Such programs include, among others, the export credit
guarantee program and the export enhancement program, both of which
require any grain exports on which benefits are paid to be entirely
produced in the United States. (7 U.S.C. 5622(h); 7 CFR 1493(a); 7
U.S.C. 5651(a); 7 CFR 1494.501(c)(20)(xi).
A notice requesting comments regarding an end-use certificate
program was published in the Federal Register on April 13, 1994, at 59
FR 17495. Comments received in response to this notice were taken into
account in the development of the proposed rule which was published on
October 20, 1994, at 59 FR 52931.
The October 20 rule proposed to adopt a program similar to that of
Canada with respect to imports of U.S.-produced wheat and barley. The
rule proposed that importers of Canadian-produced wheat and barley
would be required to store such imported grain separately from U.S.-
produced grain until delivered to the end user.
The rule also proposed that, upon importation, each entry of wheat
or barley from Canada must be reported to the Kansas City Commodity
Office (KCCO), of the CFSA, on form ASCS-750, End-Use Certificate for
Grain, within 10 days following the date of entry. Further, any
importer, subsequent buyer, or end user storing Canadian-produced wheat
or barley would be required to report to KCCO the status of the
imported commodity on form ASCS-751, End-Use Certificate for Grain
Quarterly Report, until the commodity is sold, resold, or fully used.
SUMMARY OF COMMENTS: Thirty-two timely comments were received in
response to the proposed rule published in the Federal Register on
October 20, 1994 (59 FR 52931). Twenty-four of the respondents
supported the provisions contained in the proposed rule, while four
were not in favor.
Of those supporting CFSA's proposed rule, 19 recommended immediate
implementation of the end-use certificate program. However, so that
U.S. importers will have ample time to establish separate storage,
recordkeeping, and reporting systems, this final rule will not become
effective until February 27, 1995.
Seventeen of the respondents recommended that CFSA collect
information on the price paid by the U.S. importer for Canadian grain.
This recommendation will not be adopted because CFSA does not have the
statutory authority to collect such information.
Five respondents noted that the Government of Canada (GOC) has no
end-use certificate requirements on imports of U.S.-produced barley and
did not have such a requirement on April 8, 1994. After further review,
it has been determined that, because the GOC has imposed only an import
license requirement rather than an end-use certificate requirement on
U.S.-produced barley, and because an import license is distinct from an
end-use certificate requirement, CFSA has no statutory authority to
implement an end-use certificate program for barley.
Three respondents indicated that a provision should be made to
allow for the commingling of U.S. and Canadian grain at the time the
commodity is being ``loaded out'' by either the importer or subsequent
buyer to the end user. As proposed, commingling would be prohibited
until the grain is delivered to the end user. It is implied that the
commingling cannot occur at any facility other than that of the end
user. The respondents stated that some end users do not have the
capability to blend grain, and that not allowing commingling to occur
at ``load out'' would preclude blending by merchandisers to meet the
contract specifications of an end user. To clarify this provision and
allow merchandisers to participate in commercial sales, the final rule
provides that U.S.-produced wheat and Canadian-produced wheat may only
be commingled by the end user or when loaded onto a conveyance for
direct delivery to an end user.
Three respondents recommended that CFSA prohibit the disclosure of
private information between buyers and sellers that will be collected
as a result of the end-use requirements. Although this final rule does
not contain a specific prohibition regarding the disclosure of
collected information, CFSA will handle all data collected through the
end-use requirements in accordance with current agency procedures used
to comply with the Privacy Act and Freedom of Information Act
requirements.
Three respondents expressed concern with the penalties for
noncompliance, believing that the penalties were either too severe or
should be increased as the incidence of violations increases. The Act
specifies that a criminal violation occurs if a person engages in fraud
or knowingly violates this regulation. Accordingly, CFSA has no
statutory authority to change the applicable penalties. [[Page 5089]]
Two respondents recommended that CFSA require exporters to forward
copies of end-use certificates to foreign end users, such as flour
millers or government entities which purchase U.S.-produced wheat under
commercial terms for importation. This recommendation will not be
adopted as it exceeds the statutory authority provided to CFSA under
the Act.
Two respondents expressed concern that the proposed rule prohibited
changes to the intended use of the commodity once an intended use is
designated on the end-use certificate by the importer. Additionally,
two other respondents recommended consolidating intended uses into only
two categories, domestic use and export, which would permit the
importer to deliver the commodity to any user, with no restrictions
placed on the end use of the grain. The proposed rule reflects the
Canadian system with respect to the prohibition of changing intended
use once designated. However, because the proposed rule was not
intended to restrict the use of Canadian-produced wheat as it flows
through U.S. commercial channels, the final rule deletes the
requirement for the importer to designate the intended use of Canadian-
produced wheat at the time of importation. Information concerning the
end-use of the wheat will be collected from end users and exporters.
Two respondents indicated that the proposed rule exceeded the legal
authority provided under the Act by extending the application of end-
use certificates, namely identity-preserved storage, to domestic food
assistance programs. The respondents stated that (1) the legislative
mandate requiring end-use certificates to protect the integrity of the
U.S. export programs does not change the underlying laws governing
domestic food assistance programs, and (2) CFSA's current system of
assuring origin for domestic food assistance programs should remain
intact, as described in the proposed rule. Inasmuch as entities who
participate in domestic and foreign food assistance programs must
comply with domestic origin requirements, this final rule provides only
for the identity preserved storage of Canadian-produced wheat beginning
with importation into the U.S. until the wheat is loaded onto a
conveyance for direct delivery to an end user, or until delivered to
the end user. This final rule does not impose requirements on the end-
use of the imported wheat or change current domestic origin
requirements.
One respondent recommended that CFSA establish an automated system
to collect information required under the End-Use Certificate program.
CFSA will work toward the automation of the collection and reporting
requirements. Importers, end users, and subsequent buyers will,
however, be required to provide CFSA with the required documentation in
paper form until the automated process is complete.
One respondent recommended that the definition of end user should
be amended to include export facilities. While the definition of end
user has not been amended, specific provisions have been developed to
provide instructions to importers or subsequent buyers who purchase
Canadian-produced wheat for export and are incorporated into this final
rule.
One respondent recommended that the quantity imported should be
reported on a ``per conveyance'' basis. This recommendation has been
incorporated into the final rule.
One respondent requested that the final rule provide for a waiver
from the certificate requirement for importers, like himself, who use
Canadian wheat as seed wheat. Importers of Canadian seed wheat will not
be excluded from the requirements set forth in this final rule because
such wheat may enter commercial markets if not used as originally
intended after importation.
One respondent noted that the proposed 10-day reporting period for
submitting information to KCCO is short. Because of the marketability
of commodities such as wheat, and the ease with which title can
transfer from one owner to another, it is vital to the success of the
end-use certificate program for CFSA to have timely information
relating to imported Canadian wheat. Failure to collect the information
during the 10-day reporting period would make it difficult to ensure
that the imported wheat is being used in a matter consistent with this
final rule.
One respondent expressed concern over the proposed rule's
provisions relating to bills of lading, stating that the provisions are
in conflict with the Interstate Commerce Commission's regulations
governing bills of lading. A further review of the information to be
collected from importers indicates that by making a minor addition to
the provisions for collection of data, CFSA would have sufficient data
to track Canadian wheat through the U.S. commercial channels without
requiring submission of bills of lading. Accordingly, the provisions
that would have required the importer to submit to KCCO, within 10
workdays after delivery of the commodity to the end user, a bill of
lading acknowledging receipt of the commodity have been withdrawn.
Minor changes have also been made in this final rule to the
collection requirements. Specifically, the proposed form ASCS-750, End-
Use Certificate for Grain, and form ASCS-751, End-Use Certificate for
Grain Quarterly Report, have been revised to reflect the change in the
agency name and deletion of the barley requirements. In addition, form
ASCS-751 has been renamed to more accurately reflect the use of the
form, and has been redesigned to incorporate changes that were made to
simplify reporting requirements. Accordingly, the forms are titled
ASCS-750, End-Use Certificate for Wheat, and ASCS-751, Wheat
Consumption and Resale Report. In addition, importers are no longer
required to include the intended use of the imported wheat on form
ASCS-750, but are required to enter the customs entry number, date of
entry, and importer number on form ASCS-750. This additional
information is readily available to importers and will be used for (1)
cross-referencing with information provided to CFSA by the Commissioner
of Customs, and (2) verifying compliance with the policies and
provisions set forth in this final rule. Also, the general information
included on the ASCS-750 has been revised to incorporate the provisions
that were proposed to be included in sales contracts entered into
between importers and subsequent buyers, or between any subsequent
buyers. Because importers and subsequent buyers are required to provide
their purchasers with a copy of the ASCS-750, this final rule deletes
all requirements for changes to sales contracts that were included in
the proposed rule. Finally, on form ASCS-751, ``export'' will be added
as an end use to allow exporters to properly designate the end use for
wheat that will be purchased by foreign entities under commercial
terms.
List of Subjects in 7 CFR Part 782
Administrative practice and procedure, Reporting and recordkeeping
requirements, Wheat.
Accordingly, subchapter D, chapter VII of title 7 of the Code of
Federal Regulations is amended by adding part 782 to read as follows:
PART 782--END-USE CERTIFICATE PROGRAM
Subpart A--General
Sec.
782.1 Basis and purpose.
782.2 Definitions.
782.3 Administration. [[Page 5090]]
782.4 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
Subpart B--Implementation of End-Use Certificate Program
782.10 Identification of commodities subject to end-use certificate
regulations.
782.11 Extent to which commodities are subject to end-use
certificate regulations.
782.12 Filing ASCS-750, End-Use Certificate for Wheat.
782.13 Importer responsibilities.
782.14 Identity preservation.
782.15 Filing ASCS-751, Wheat Consumption and Resale Report.
782.16 Designating end use on form ASCS-751.
782.17 Wheat purchased for resale.
782.18 Wheat purchased for export.
782.19 Penalty for noncompliance.
Subpart C--Records and Reports
782.20 Importer records and reports.
782.21 End-user and exporter records and reports.
782.22 Subsequent buyer records and reports.
782.23 Failure to file end-use certificates or consumption and
resale reports.
782.24 Recordkeeping and examination of records.
782.25 Length of time records are to be kept.
Authority: 19 U.S.C. 3391(f).
Subpart A--General
Sec. 782.1 Basis and purpose.
The regulations contained in this part are issued pursuant to and
in accordance with Section 321(f) of the North American Free Trade
Agreement Implementation Act. These regulations govern the
establishment of the end-use certificate program, the completion of
end-use certificates, the identification of commodities requiring end-
use certificates, the submission of reports, and the keeping of records
and making of reports incident thereto.
Sec. 782.2 Definitions.
As used in this part and in all instructions, forms, and documents
in connection therewith, the words and phrases defined in this section
shall have the meanings herein assigned to them unless the context or
subject matter requires otherwise. References contained herein to other
parts of this chapter or title shall be construed as references to such
parts and amendments now in effect or later issued.
Date of entry means the effective time of entry of the merchandise,
as defined in 19 CFR part 101.
End Use means the actual manner in which Canadian-produced wheat
was used, including, among other uses, milling, brewing, malting,
distilling, manufacturing, or export.
End user means the entity that uses Canadian-produced wheat for,
among other uses, milling, brewing, malting, distilling, manufacturing,
or other use, except resale.
Entity means a legal entity including, but not limited to, an
individual, joint stock company, corporation, association, partnership,
cooperative, trust, and estate.
Entry means that documentation required by 19 CFR part 142 to be
filed with the appropriate U.S. Customs officer to secure the release
of imported merchandise from U.S. Customs custody, or the act of filing
that documentation.
Importer means the person primarily liable for the payment of any
duties on the merchandise, or an authorized agent acting on their
behalf. The importer may be:
(1) The consignee, or
(2) The importer of record, or
(3) The actual owner of the merchandise, if an actual owner's
declaration and superseding bond has been filed in accordance with 19
CFR part 141, or
(4) The transferee of the merchandise, if the right to withdraw
merchandise in a bonded warehouse has been transferred in accordance
with 19 CFR part 144.
Metric ton means a unit of measure that equals 2,204.6 pounds.
Subsequent buyer means an entity other than the end user or
importer which owns wheat originating in Canada.
Workdays means days that the Federal government normally conducts
business, which excludes Saturdays, Sundays, and Federal holidays.
Sec. 782.3 Administration.
The end-use certificate program will be administered under the
general supervision and direction of the Administrator, Consolidated
Farm Service Agency (CFSA), U.S. Department of Agriculture (USDA),
through the Office of the Deputy Administrator for Commodity Operations
(DACO), CFSA, Washington, D.C., and the Kansas City Commodity Office
(KCCO), CFSA, Kansas City, MO, in coordination with the Commissioner of
Customs pursuant to a Memorandum of Understanding.
Sec. 782.4 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
The information collection requirements contained in these
regulations (7 CFR part 782) have been submitted to the Office of
Management and Budget (OMB) in accordance with the provisions of 44
U.S.C. 35 and will be assigned an OMB control number.
Subpart B--Implementation of the End-Use Certificate Program
Sec. 782.10 Identification of commodities subject to end-use
certificate regulations.
(a) The regulations in this part are applicable to wheat and
barley, respectively, imported into the U.S. from any foreign country,
as defined in 19 CFR 134.1, or instrumentality of such foreign country
that, as of April 8, 1994, required end-use certificates for imports of
U.S.-produced wheat or barley.
(b) Because Canada is the only country with such requirements on
wheat, and no country has an end-use certificate requirement for
barley, only wheat originating in Canada is affected by the regulations
in this part.
Sec. 782.11 Extent to which commodities are subject to end-use
certificate regulations.
(a) In the event that Canada eliminates the requirement for end-use
certificates on imports from the U.S., the provisions of the
regulations in this part shall be suspended 30 calendar days following
the date Canada eliminates its end-use certificate requirement, as
determined by the Secretary.
(b) The provisions of the regulations in this part may be suspended
if the Secretary, after consulting with domestic producers, determines
that the program has directly resulted in the:
(1) Reduction of income to U.S. producers of agricultural
commodities, or
(2) Reduction of the competitiveness of U.S. agricultural
commodities in world export markets.
Sec. 782.12 Filing ASCS-750, End-Use Certificate for Wheat.
(a) Each entity that imports wheat originating in Canada shall, for
each entry into the U.S., obtain form ASCS-750, End-Use Certificate for
Wheat, from Kansas City Commodity Office, Warehouse License and
Contract Division, P.O. Box 419205, Kansas City, MO 64141-6205, and
submit the completed original form ASCS-750 to KCCO within 10 workdays
following the date of entry. Each form ASCS-750 shall set forth, among
other things, the:
(1) Name, address, and telephone number of the importer,
(2) Customs entry number,
(3) Date of entry,
(4) Importer number,
(5) Class of wheat being imported,
(6) Quantity imported, in net metric tons, rounded to the nearest
hundredth of a metric ton, per conveyance,
(7) Storage location of the wheat,
(8) Name, address, and telephone number of the end user, if known,
[[Page 5091]]
(9) Mode of transportation and the name of the transportation
company used to import the wheat, and
(10) A certification that the identity of the Canadian-produced
wheat will be preserved until such time as the wheat is either
delivered to a subsequent buyer or end-user, or loaded onto a
conveyance for direct delivery to an end user.
(b) The original form ASCS-750 and one copy of form ASCS-750 shall
be signed and dated by the importer.
(c) Distribution of form ASCS-750 will be as follows:
(1) The original shall be forwarded to Kansas City Commodity
Office, Warehouse License and Contract Division, P.O. Box 419205,
Kansas City, MO 64141-6205, by the importer,
(2) One copy shall be retained by the importer,
(3) The importer shall provide a photocopy to the end user or, if
the wheat is purchased for purposes of resale, the subsequent buyer(s).
(d) The completion and filing of an end-use certificate does not
relieve the importer of other legal requirements, such as those imposed
by other U.S. agencies, pertaining to the importation.
Sec. 782.13 Importer responsibilities.
The importer shall:
(a) File form ASCS-750 in accordance with Sec. 782.12.
(b) Provide each subsequent buyer or end user with a copy of form
ASCS-750 that was filed when the Canadian wheat entered the U.S.
(c) Submit to KCCO, within 10 workdays following the date of sale,
form ASCS-751, Wheat Consumption and Resale Report, in accordance with
Sec. 782.15.
Sec. 782.14 Identity preservation.
(a) The importer and all subsequent buyers of the imported wheat
shall preserve the identity of the Canadian-produced wheat.
(b) Canadian-produced wheat may only be commingled with U.S.-
produced wheat by the end user, or when loaded onto a conveyance for
direct delivery to the end user or foreign country.
(c) Failure to meet the requirements in paragraphs (a) and (b) of
this section shall constitute noncompliance by the importer or
subsequent buyer for the purposes of this part.
Sec. 782.15 Filing ASCS-751, Wheat Consumption and Resale Report.
(a) For purposes of providing information relating to the
consumption and resale of Canadian-produced wheat, form ASCS-751, Wheat
Consumption and Resale Report, shall be filed with KCCO by each:
(1) Importer and subsequent buyer, for each sale to a subsequent
buyer or end user, within 10 workdays following the date of sale.
(2) End user and exporter, for full and partial consumption or
export, within 15 workdays following:
(i) March 31,
(ii) June 30,
(iii) September 30, and
(iv) December 31.
(b) Each form ASCS-751 shall set forth, among other things, the:
(1) Name, address, and telephone number of the filer,
(2) Storage location of the wheat,
(3) Name and address of the importer,
(4) Form ASCS-750, End-Use Certificate for Wheat, serial number,
(5) Class of wheat,
(6) Date the wheat was received at the filer's facility,
(7) Quantity of wheat received, in net metric tons, rounded to the
nearest hundredth of a metric ton,
(8) Certification to be completed by end users and exporters that
requires the end user or exporter to provide, among other things:
(i) A certification of compliance with these regulations,
(ii) The quantity consumed or exported,
(iii) The quantity remaining,
(iv) The manner in which the commodity was used.
(v) The signature of an authorized representative of the end user
or exporter.
(9) Certification to be completed by subsequent buyers and
importers that requires the subsequent buyer or importer to provide,
among other things:
(i) A certification of compliance with the regulations in this
part,
(ii) The quantity resold,
(iii) The name, address, and telephone number of the buyer, and
(iv)The signature of an authorized representative of the subsequent
buyer or importer.
(c) End user and exporter shall submit form ASCS-751 to KCCO
quarterly until the wheat has been fully utilized or exported in
accordance with the regulations in this part.
(d) Importers and subsequent buyers shall, for each individual
sale, submit form ASCS-751 to KCCO until the imported wheat has been
fully resold.
Sec. 782.16 Designating end use on form ASCS-751.
(a) If the end use specified on the applicable form ASCS-751, Wheat
Consumption and Resale Report, is ``export,'' the exporter must specify
the final destination, by country, on form ASCS-751.
(b) If the end user utilizes the wheat for purposes other than
milling, brewing, malting, distilling, export, or manufacturing, such
use must be specifically designated on form ASCS-751.
Sec. 782.17 Wheat purchased for resale.
(a) This section applies to an importer or subsequent buyer who
imports or purchases Canadian-produced wheat for the purpose of
reselling the wheat.
(b) The importer or subsequent buyer shall provide all purchasers
of Canadian-produced wheat with a photocopy of the form ASCS-750
submitted to KCCO by the importer in accordance with Sec. 782.12(a).
Sec. 782.18 Wheat purchased for export.
(a) This section applies to an importer or subsequent buyer who
imports or purchases Canadian-produced wheat for the purpose of export
to a foreign country or instrumentality.
(b) Wheat that is purchased for the purpose of export must be
stored identity preserved while the importer or subsequent buyer
maintains control of the wheat, except that such wheat may be
commingled when loaded onto a conveyance for delivery to the foreign
country or instrumentality.
(c) Importers or subsequent buyers that purchase wheat for export
to a foreign country or instrumentality must complete form ASCS-751
quarterly, in accordance with Sec. 782.15.
Sec. 782.19 Penalty for noncompliance.
It shall be a violation of 18 U.S.C. 1001 for any entity to engage
in fraud with respect to, or to knowingly violate, the provisions set
forth in this part.
Subpart C--Records and Reports
Sec. 782.20 Importer records and reports.
(a) The importer shall retain a copy of each form:
(1) ASCS-750, End-Use Certificate for Wheat, that is submitted to
KCCO in accordance with Sec. 782.12(a); and
(2) ASCS-751, Wheat Consumption and Resale Report, that is
submitted to KCCO in accordance with Sec. 782.15(a)(1).
(b) The importer shall maintain records to verify that the wheat
was identity preserved until such time as the wheat was:
(1) Loaded onto the conveyance for direct delivery to an end user,
or
(2) Delivered to an end user, or
(3) Delivered to a subsequent buyer.
(c) Copies of the documents, information, and records required in
paragraphs (a) and (b) of this section shall be kept on file at the
importer's [[Page 5092]] headquarters office or other location
designated by the importer for the period specified in Sec. 782.25.
Sec. 782.21 End-user and exporter records and reports.
(a) The end user or exporter shall retain a copy of each form ASCS-
751, Wheat Consumption and Resale Report, that is filed with KCCO in
accordance with Sec. 782.15(a)(2).
(b) The end user or exporter shall retain a copy of each form ASCS-
750, End-Use Certificate for Wheat, provided to the end-user or
exporter in accordance with Sec. 782.17(b).
(c) The exporter shall maintain records to verify that wheat
purchased for the purpose of export was stored identity preserved until
such time as the wheat was loaded onto a conveyance for delivery to the
foreign country or instrumentality.
(d) Copies of the documents required in paragraphs (a), (b), and
(c) of this section shall be kept on file at the end-user's or
exporter's headquarters office or other location designated by the end
user or exporter for the period specified in Sec. 782.25.
Sec. 782.22 Subsequent buyer records and reports.
(a) The subsequent buyer shall retain a copy of each form ASCS-751,
Wheat Consumption and Resale Report, that is filed with KCCO in
accordance with Sec. 782.15(a)(1).
(b) The subsequent buyer shall retain a copy of each form ASCS-750,
End-Use Certificate for Wheat, provided to the subsequent buyer in
accordance with Sec. 782.17(b).
(c) The subsequent buyer shall maintain records to verify that the
wheat specified on the end-use certificate was identity preserved
during the time that the subsequent buyer maintained control of the
wheat, or until the wheat was loaded onto a conveyance for direct
delivery to an end user.
(d) Copies of the documents and records required in paragraphs (a)
through (c) of this section shall be kept on file at the subsequent
buyer's headquarters office or other location designated by the
subsequent buyer for the period specified in Sec. 782.25.
Sec. 782.23 Failure to file end-use certificates or consumption and
resale reports.
Failure by importers, end users, exporters, and subsequent buyers
to file form ASCS-750, End-Use Certificate for Wheat, and form ASCS-
751, Wheat Consumption and Resale Report, as applicable, and retain or
maintain related copies and records shall constitute noncompliance for
the purposes of Sec. 782.19.
Sec. 782.24 Recordkeeping and examination of records.
(a) Examination. For the purpose of verifying compliance with the
requirements of this part, each importer, end-user, exporter, and
subsequent buyer shall make available at one place at all reasonable
times for examination by representatives of USDA, all books, papers,
records, contracts, scale tickets, settlement sheets, invoices, written
price quotations, or other documents related to the importation of the
Canadian-produced wheat that is within the control of such entity.
(b) Orderly retention of records. To facilitate examination and
verification of the records and reports required by this part, copies
of form ASCS-750, End-Use Certificate for Wheat, and form ASCS-751,
Wheat Consumption and Resale Report, shall be filed in an orderly
manner, and must be made available for inspection by representatives of
USDA.
Sec. 782.25 Length of time records are to be kept.
The records required to be kept under this part shall be retained
for 3 years following the filing date of the applicable record. Records
shall be kept for such longer period of time as may be requested in
writing by USDA representatives.
[Note: The following forms will not appear in the Code of
Federal Regulations.]
Signed at Washington, DC on January 19, 1995.
Grant Buntrock,
Acting Administrator, Consolidated Farm Service Agency.
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General Information
The United States Department of Agriculture (USDA)
provides end-use certificates for persons requiring such certificates
for the importation of Canadian-produced wheat into the United States.
Regulations regarding the End-Use Certificate Program can
be found at 7 CFR Part 782. Copies of these regulations can be obtained
from the Kansas City Commodity Office (KCCO) at the address shown
below.
Form ASCS-750, End-Use Certificate for Wheat, is required
for each entry of Canadian-produced wheat, and must be submitted by the
importer to KCCO at the address shown below within 10 workdays
following the date of entry.
Copies of forms ASCS-750, End-Use Certificate for Wheat,
and ASCS-751, Wheat Consumption and Resale Report, can be obtained from
KCCO at the address shown below.
Wheat covered by an end-use certificate must be stored
identity preserved, and may not be commingled or blended with U.S.-
produced wheat until such time as the Canadian-produced wheat is either
delivered to an end user, or loaded onto a conveyance for direct
delivery to an end user.
When wheat covered by this end-use certificate is sold to
subsequent buyers or end users, the importer and all subsequent buyers
must also:
--provide purchasers with copies of the front and reverse sides of this
form.
--submit form ASCS-751, Wheat Consumption and Resale Report, within 10
workdays of the date of each individual sale to a subsequent buyer or
end user, to KCCO at the address shown below.
When wheat covered by this end-use certificate is sold to
an end user, the end user must submit form ASCS-751, Wheat Consumption
and Resale Report, to KCCO at the address shown below, to report
consumption of the Canadian-produced wheat. Reports from the end user
must be submitted within 15 workdays following March 31, June 30,
September 30, and December 31.
If wheat covered by this end-use certificate will be
exported to a foreign country, the exporter must store the Canadian-
produced wheat identity preserved until the wheat is loaded onto a
conveyance for delivery to the foreign country. Exporters must submit
form ASCS-751, Wheat Consumption and Resale Report, to KCCO at the
address shown below, to report the exportation of Canadian-produced
wheat. Reports from exporters must be submitted within 15 workdays
following March 31, June 30, September 30, and December 31.
The reports and records of all parties that, at any point
in time had control of wheat covered by an end-use certificate are
subject to inspection by a representative of USDA.
Address for KCCO: Kansas City Commodity Office, Warehouse License
and Contract Division, P.O. Box 419205, Kansas City, MO 64141-6205.
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General Information
The United States Department of Agriculture (USDA)
provided End-Use Certificates for Wheat (ASCS-750) for persons required
to submit these certificates for the importation of Canadian-produced
wheat into the United States.
Regulations governing the End-Use Certificate Program can
be found at 7 CFR Part 782.
Wheat covered by an End-Use Certificate for Wheat must be
stored identity preserved until such time as the wheat is (1) Delivered
to an end user, or (2) loaded onto a conveyance for delivery to an end
user for foreign country.
Copies of ASCS-751, Wheat Consumption and Resale Report
can be obtained from the Kansas City Commodity Office, Warehouse
License and Contract Division, P.O. Box 419205, Kansas City, MO 64141-
6205.
ASCS-751, Wheat Consumption and Resale Report must be
filed by each end user, subsequent buyer, exporter, and importer.
All filers must complete Section A, General Information.
End users and exporters must complete Section B,
Certification by End Users and Exporters.
Subsequent buyers and importers must complete Section C,
Certification by Subsequent Buyers and Importers.
End users and exporters file form ASCS-751 to report
quarterly consumption and exports. Reports are due from end users and
exporters within 15 workdays following March 31, June 30, September 30,
and December 31.
Subsequent buyers and importers must file form ASCS-751
for each individual sale. Reports are due from subsequent buyers and
importers within 10 workdays following the date of the sale.
[FR Doc. 95-1866 Filed 1-25-95; 8:45 am]
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