G/TBT/N/USA/1398/Rev.1  
12 October 2023  
(23-6848) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
Revision  
The following notification is being circulated in accordance with Article 10.6.  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Articles 3.2 and 7.2):   
2. Agency responsible:   
Agricultural Marketing Service (AMS), U.S. Department of Agriculture (USDA)  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of  agency or authority designated to handle comments 
regarding the n otification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other  [X]: The changes to the standards would replace current grades with new ones, 
revise scoring guides for defects, create new sizes, and revise definitions, representing 
current industry descriptions and practices.  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading.  ICS numbers may be provided in addition, where applicable):  Pecans; 
Other nuts, fresh or dried, whether or not shelled or peeled (excl. coconuts, Brazil nu ts 
and cashew nuts) (HS code(s): 0802); Fruits. Vegetables (ICS code(s): 67.080)  
5. Title, number of pages and language(s) of the notified document:  U.S. Grade 
Standards for Pecans in the Shell and Shelled Pecans; (13 page(s), in English)  
6. Description of content:  Proposed rule - The Agricultural Marketing Service (AMS) is 
proposing to revise the U.S. Standards for Grades of Pecans in the Shell and the U.S. 
Standards for Grades of Shelled Pecans by replacing the current grades with U.S. Extra 
Fancy, U.S.  Fancy, U.S. Choice, and U.S. Standard grades. The proposal also includes 
updating terminology, definitions, and defect scoring guides.  
This proposed action, pursuant to 5 U.S.C. 553 , would amend regulations at 7 CFR part 
51 issued under the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 –1627), as 
amended. These revisions do not affect the Federal marketing order, 7 CFR part 986 , 
(Marketing Order 986) issued under the Agricultural Marketing Agreement Act of 1937 ( 7 
U.S.C. 601 –674) or applicable imports.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling   
8. Relevant documents:  88 Federal Register (FR) 70379, 11 October 2023; Title 7 Code 
of Federal Regulations (CFR) Part 51 : 
https://www.govinfo.gov/content/pkg/FR -2023-10-11/html/2023 -22341.htm  G/TBT/N/USA/1398/Rev.1  
 
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  https://www.govinfo.gov/content/pkg/FR -2023-10-11/pdf/202 3-22341.pdf  
This proposed rule is identified by Docket Number AMS -SC-21-0039. The Docket Folder 
is available on Regulations.gov at https://www.regulations.gov/docket/AMS -SC-21-
0039/document  and provides access to primary and supporting documents as well as 
comments received. Documents are also accessible from Regulations.gov  by searching 
the Docket Number. WTO Members and their stakeholders are asked to submit comments 
to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 11 December 2023. 
Comments received by the USA TBT Enquiry Point from  WTO Members and their 
stakeholders will be shared with the regulator and will also be submitted to the Docket  on 
Regulations.gov if received withi n the comment period.  
A previous direct final rule notified as G/TBT/N/USA/1398  is identified by Docket Number 
AMS-FV-14-0101. The Docke t Folder is available on Regulations.gov at 
https://www.regulations.gov/docket/AMS -FV-14-0101/document  and provides access to 
primary and supportin g documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searching the Docket Number.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  11 December 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone or fax 
numbers  and email and website address es, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_12958_00_e.pdf