[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)]
[Rules and Regulations]
[Pages 35837-35838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17062]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 4
[T.D. 95-54]
RIN 1515-AB46
Filing of Export Certificates
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This document amends 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 if a statement is
provided to Customs 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.
EFFECTIVE DATE: August 11, 1995.
FOR FURTHER INFORMATION CONTACT: Barbara Whiting, Carrier Rulings
Branch, (202) 482-6940.
SUPPLEMENTARY INFORMATION:
Background
In this document, Customs amends its regulations so that there will
be consistency between regulations of the U.S. Department of
Agriculture (USDA) and those of Customs regarding the time frame within
which an exporter must file a certificate certifying the wholesomeness
of meat or meat-food 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).
On May 16, 1994, Customs published a Notice of Proposed Rulemaking
in the Federal Register (59 FR 25376) in which it proposed amending the
Customs Regulations so that they would conform to the USDA Regulations
which governed the duties of exporters of meat and meat products and
which had been amended at an earlier date.
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, 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 or meat products.
Analysis of Comments
In response to its request for comments on the Notice of Proposed
Rulemaking, Customs received only one comment and that comment
supported the proposed amendment. The comment also suggested that
Customs undertake additional measures to coordinate interagency
activities. Because this suggestion exceeds the scope of the original
proposal, Customs need not address it here. However, should Customs
determine any additional actions should be taken in the future, a new
Notice of Proposed Rulemaking will be published.
Determination
After further consideration of the proposal and in light of the
only comment received supporting the proposal, Customs has determined
that it should amend that section of its regulations governing the
clearance of vessels carrying meat and meat products. Section 4.72(a)
of the Customs Regulations (19 CFR 4.72(a)) is being amended so that
rather than withhold clearance until copies of the USDA issued export
certificates have been filed with the district director, Customs can
now grant clearance to vessels when a statement is submitted to Customs
describing the shipment and the export certificates. Shippers will
still have to comply with the 4-day time limit of Sec. 4.75 for
submitting copies of the USDA export certificates.
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
amendment 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.
Amendment to the Regulations
For the reasons set forth above, part 4, Customs Regulations (19
CFR part 4), is amended as set forth below.
[[Page 35838]]
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 amended 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 a 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 U.S. Department of
Agriculture 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 period prescribed by Sec. 4.75.
* * * * *
George J. Weise,
Commissioner of Customs.
Approved: June 26, 1995.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 95-17062 Filed 7-11-95; 8:45 am]
BILLING CODE 4820-02-P
