[Federal Register Volume 59, Number 93 (Monday, May 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11857]
[[Page Unknown]]
[Federal Register: May 16, 1994]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 4
RIN 1515-AB46
Filing of Export Certificates
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes to amend the Customs Regulations to
allow a vessel carrying a shipment of meat or meat-food products to be
cleared before the filing of a copy of an export certificate by
providing a statement regarding the shipment and the export
certificate. The copy of the export certificate must then be presented
within 4 days of the vessel's clearance. The regulations are being
amended so that they will conform to revised regulations of the Food
Safety and Inspection Service of the U.S. Department of Agriculture.
DATES: Comments must be received before July 15, 1994.
ADDRESSES: Comments (preferably in triplicate) should be submitted to
U.S. Customs Service, ATTN: Regulations Branch, Franklin Court, 1301
Constitution Avenue, NW., Washington, D.C. 20229, and may be inspected
at the Regulations Branch, 1099 14th Street, NW., suite 4000,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Barbara Whiting, Carrier Rulings
Branch, (202) 482-6940.
SUPPLEMENTARY INFORMATION:
Background
In this document, Customs proposes to amend its regulations so that
there will be consistency between regulations of the U.S. Department of
Agriculture (USDA) and those of Customs regarding the timeframe within
which an exporter must file a certificate certifying the wholesomeness
of meat products being exported.
Under the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 et
seq.), meat and meat products intended and offered for export and sale
in a foreign country must be inspected. In addition, FMIA prohibits the
clearance for departure of any vessel carrying meat and meat products
for export to and sale in a foreign country until the owner or shipper
has obtained from an inspector a certificate indicating that the
products are sound and wholesome (unless the Secretary has waived
certificate requirements for the country).
In 1986, the Food Safety and Inspection Service (FSIS) of the
Department of Agriculture, which administers the FMIA, amended its
regulations. Previously, the FSIS regulations required that exporters
deliver a duplicate of the export certificate to the shipper for filing
with Customs at the time the master's manifest or supplemental manifest
is filed by the chief officer with Customs; that is, on the day of
departure. Otherwise, the vessel carrying the meat or meat products
would not be granted clearance. Because Sec. 4.75 of the Customs
regulations allows shippers a delay of four business days in the filing
of a Complete Cargo Declaration (manifest), the FSIS regulations were
amended to allow a vessel carrying a shipment of meat or meat products
to clear in those instances where the duplicate export certificate is
not available at departure time. In lieu of the duplicate export
certificate, the shipper, shipper's agent or the vessel's agent must
provide Customs with a statement under the shipper's or agent's
letterhead signed by the shipper which briefly describes the shipment
of the product, the number of boxes, the number of pounds, the product
name and the USDA export certificate number that covers the shipment.
Exporters must file the duplicate export certificate within 4 days of
the clearance of a vessel carrying a shipment of meat products.
In order to maintain consistency with Customs and USDA regulations,
Customs is now proposing to amend that section of its regulations
governing the clearance of vessels carrying meat products. Section
4.72(a) of the Customs Regulations (19 CFR 4.72(a)) currently states
that no clearance shall be granted to a vessel carrying meat or meat-
food product until copies of the export certificates issued by the USDA
have been filed with the district director. Customs is proposing to
amend this section so that clearance can be granted to vessels when
documents complying with the requirements of 9 CFR part 322 of the USDA
regulations are submitted. Shippers will still have to comply with the
four-day time limit of Sec. 4.75 for submitting the actual USDA export
certificate.
Comments
Before adopting the proposed amendment, consideration will be given
to any written comments timely submitted to Customs. Comments submitted
will be available for public inspection in accordance with the Freedom
of Information Act (5 U.S.C. 552), Sec. 1.4, Treasury Regulations (31
CFR 1.4), and Sec. 103.11(b), Customs Regulations (19 CFR 103.11(b)),
on regular business days between the hours of 9 a.m. and 4:30 p.m. at
the Regulations Branch, 1099 14th Street, NW., Suite 4000, Washington,
DC.
Executive Order 12866 and Regulatory Flexibility Act
This amendment is not a ``significant regulatory action'' within
the meaning of E.O. 12866. Based on the supplementary information set
forth above and pursuant to the provisions of the Regulatory
Flexibility Act (5 U.S.C. 601, et seq.), it is certified that the
proposed amendment, if adopted, will not have a significant economic
impact on a substantial number of small entities. Accordingly, it is
not subject to the regulatory analysis or other requirements of 5
U.S.C. 603 and 604.
Drafting Information
The principal author of this document was Peter T. Lynch,
Regulations Branch, Office of Regulations and Rulings, U.S. Customs
Service. However, personnel from other offices participated in its
development.
List of Subjects in 19 CFR Part 4
Customs duties and inspection, Exports, Meat and meat products,
Meat inspection, Vessels.
Proposed Amendment
It is proposed to amend part 4, Customs Regulations (19 CFR part
4), as set forth below.
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
1. The general authority citation for part 4 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624;
46 U.S.C. App. 3, 91;
2. Paragraph (a) of Sec. 4.72 is revised by adding, at the end
thereof, two new sentences to read as follows:
Sec. 4.72 Inspection of meat, meat-food products, and inedible fats.
(a) * * * If such certificate has been obtained but is unavailable
at the scheduled time of the vessel's departure, the vessel may be
cleared on the basis of the receipt of a statement, under the shipper's
or shipper's agent's letterhead, certifying the number of boxes, the
number of pounds, the product name and the USDA export certificate
number that covers the shipment of the product. If such statement has
been used as the basis for obtaining vessel clearance, the duplicate of
the certificate must be filed with Customs within the time prescribed
by Sec. 4.75 of this part.
* * * * *
Samuel H. Banks,
Acting Commissioner of Customs.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
Approved: April 28, 1994.
[FR Doc. 94-11857 Filed 5-13-94; 8:45 am]
BILLING CODE 4820-02-P
