[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12014]
[[Page Unknown]]
[Federal Register: May 18, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
7 CFR Part 1540
Emergency Relief From Duty-Free Imports of Perishable Products
From Certain Andean Countries
AGENCY: Foreign Agricultural Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule adopts without change the interim rule
published at 58 FR 16103 which establishes the procedure by which an
entity representative of a U.S. industry producing perishable products
can submit a request to the United States Department of Agriculture
(USDA) for emergency relief from increased, injurious imports of like
perishable products entering the United States duty-free from
beneficiary countries under the Andean Trade Preference Act.
EFFECTIVE DATE: [Upon publication in the Federal Register.]
FOR FURTHER INFORMATION CONTACT:
Diana Wanamaker, Group Leader for Import Policies, Import Policies and
Trade Analysis Division, U.S. Department of Agriculture, Washington, DC
20250. Tel: (202) 720-1330.
SUPPLEMENTARY INFORMATION:
Background
The Andean Trade Preference Act, title II of Public Law 102-182,
105 Stat. 1236 (19 U.S.C. 3201 et seq.) (the ``Act'') provides for
duty-free treatment for imports of eligible articles from beneficiary
countries designated by Presidential Proclamation. The countries
eligible for designation are Bolivia, Ecuador, Colombia, and Peru.
Section 204(e) of the Act provides, in part, that if a petition is
filed with the United States International Trade Commission pursuant to
the provisions of section 201 of the Trade Act of 1974, as amended,
regarding a perishable product and alleging injury from imports from
beneficiary countries, then the petition may also be filed with the
Secretary of Agriculture with a request that emergency relief be
granted by the President.
Under the interim rule, published in the Federal Register on March
25, 1993 (58 FR 16103), a U.S. entity seeking emergency relief could
submit a request to the Administrator, Foreign Agricultural Service,
USDA, providing such information as is necessary to permit the
Secretary of Agriculture to make a determination whether to recommend
to the President to take emergency action. The request should identify
the perishable product concerned and its country of origin; show that
increased imports of such perishable product are the substantial cause
of serious injury, or the threat of serious injury, to the domestic
industry producing a perishable product like or directly competitive
with the imported product; and provide a statement indicating why
emergency action would be warranted.
Comments on the interim rule were to be submitted by April 26,
1993. Comment was received from a trade association which expressed
general support for the Andean Trade Preference Act but did not comment
specifically on the interim rule except to reiterate that any emergency
action should meet the statutory criteria and not be based solely upon
increased imports. Accordingly, this final rule is identical to the
interim rule.
Regulatory Requirements
This final rule is issued in accordance with Executive Order 12866,
and, to the extent consistent with that Executive Order, Department
Regulation 1512-1 since the rule would not result in:
(1) An annual effect on the economy of $100 million or more, or
adversely and materially affect a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities;
(2) A serious inconsistency or otherwise interfere with an action
taken or planned by another agency;
(3) Materially altering the budgetary impact of entitlements,
grants, user fees, or loan programs; or
(4) Raising novel legal or policy issues.
The Acting Administrator, Foreign Agricultural Service, USDA,
certifies that this final rule will not have a significant economic
impact on a substantial number of small entities. Its effect is to
provide to a U.S. industry producing perishable products the
opportunity to seek interim relief from imports during such time as its
request under section 201 of the Trade Act of 1974, as amended, is
under consideration by the United States International Trade
Commission. Consequently, no regulatory flexibility analysis is
required under the provisions of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.).
This rule has been determined to be not significant for purposes of
Executive Order 12866 and therefore has not been reviewed by OMB.
It has been determined by an environmental evaluation that this
action will have no significant impact on the quality of the human
environment. Therefore, neither an environmental assessment nor an
Environmental Impact Statement is needed.
The paperwork requirements imposed by this rule have been approved
by the Office of Management and Budget, in accordance with the
Paperwork Reduction Act of 1980, through April 30, 1996 and have been
assigned OMB No. 0551-0033.
This program is not subject to the provisions of Executive Order
12372, which require intergovernmental consultation with state and
local officials that would provide the non-Federal funds for, or that
would be directly affected by, proposed Federal financial assistance or
direct Federal development. This program does not involve such
assistance or development.
List of Subjects in 7 CFR Part 1540
Agricultural commodities, Imports, International agricultural
trade.
Accordingly, the interim rule adding Subpart C--Emergency Relief
From Duty-Free Imports of Perishable Products From Certain Andean
Countries--to 7 CFR part 1540, which was published at 58 FR 16103 on
March 25, 1993, is adopted as a final rule without change.
Issued at Washington, DC, this 11th day of May 1994.
Christopher E. Goldthwait,
Acting Administrator, Foreign Agricultural Service.
[FR Doc. 94-12014 Filed 5-17-94; 8:45 am]
BILLING CODE 3410-01-M
