[Federal Register Volume 69, Number 247 (Monday, December 27, 2004)]
[Notices]
[Pages 77308-77309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28123]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Modification of the Tariff-Rate Import Quota for Certain Cheeses

AGENCY: Office of the United States Trade Representative.

ACTION: Modification of the Harmonized Tariff Schedule of the United 
States.

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SUMMARY: This document modifies Additional U.S. Notes 2, 16, 17, 18, 
19, 20, 21, 22, 23, and 25 to Chapter 4 of the Harmonized Tariff 
Schedule of the United States (HTS) to reflect the enlargement of the 
European Union (EU) to 25 countries on May 1, 2004.

EFFECTIVE DATE: This modification is effective on January 1, 2005.

FOR FURTHER INFORMATION CONTACT: Sharon Sydow, Director for 
Agricultural Trade Policy, Office of the United States Trade 
Representative, 600 17th Street NW., Washington, DC 20508; telephone 
(202) 395-6127.

SUPPLEMENTARY INFORMATION: On May 1, 2004, Cyprus, the Czech Republic, 
Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the Slovak 
Republic, and Slovenia acceded to the European Community (EC), and the 
EC customs union of 15 member countries (``EC-15'') was enlarged to a 
customs union of 25 member countries (``EC-25''). At that time, Cyprus, 
the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, 
the Slovak Republic, and Slovenia withdrew their tariff schedules under 
the World Trade Organization (WTO) and applied the common external 
tariff of the EC-15 to imports into the EC-25. To recognize the 
membership of Cyprus, the Czech Republic, Estonia, Hungary, Latvia, 
Lithuania, Malta, Poland, the Slovak Republic, and Slovenia in the EC-
25, the tariff-rate quota (TRQ) allocations for certain cheeses from 
the EC-15 will be available to the EC-25, and the TRQ allocation for 
certain cheeses from the Czech Republic, Hungary, Poland, and the 
Slovak Republic will become part of the total TRQ allocations for 
certain cheeses from the EC-25.
    Section 404(d)(3) of the Uruguay Round Agreements Act (URAA) (19 
U.S.C. 3601(d)(3)) authorizes the President to allocate in-quota 
quantities of a TRQ for any agricultural product among supplying 
countries or customs areas and to modify any allocation as the 
President determines appropriate. Section 604 of the Trade Act of 1974, 
as amended (``Trade Act'') (19 U.S.C. 2483) authorizes the President to 
embody in the HTS the substance of the relevant provisions of that Act, 
and of other Acts affecting import treatment, and actions thereunder, 
including the removal, modification, continuance, or imposition of any 
rate of duty or other import restriction.
    In paragraph (3) of Proclamation 6763 of December 23, 1994, the 
President delegated his authority under section 404(d)(3) of the URAA 
to the United States Trade Representative (USTR). In paragraph 5 of 
Proclamation 6914 of August 26, 1996, the President determined that it 
is appropriate to authorize the USTR to exercise his authority under 
section 604 of the Trade Act to embody in the HTS the substance of any 
action taken by USTR under section 404(d)(3) of the URAA.

Modification of the HTS

    Pursuant to the authority delegated to the USTR in Proclamations 
6763 and 6914, the USTR has determined that it is appropriate to modify 
the TRQ allocations of Cyprus, the Czech Republic, Estonia, Hungary, 
Latvia, Lithuania, Malta, Poland, the Slovak Republic, and Slovenia and 
to embody such modifications in the HTS. Effective with respect to 
articles entered, or withdrawn from warehouse for consumption, on or 
after January 1, 2005:
    1. The additional U.S. notes to chapter 4 are modified by deleting 
additional U.S. note 2 and inserting the following new additional U.S. 
note 2 in lieu thereof:
    ``2. For the purposes of this schedule, the expression ``EC 25'' 
refers to articles which are the product of one of the following: 
Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, 
Finland, France, the Federal Republic of Germany, Greece, Hungary, 
Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, 
Poland, Portugal, the Slovak Republic, Slovenia, Spain, Sweden or the 
United Kingdom.''
    2. Additional U.S. note 16 to chapter 4 is modified by:
    (a) Deleting from the list in such note the following countries and 
quantities:
    ``Czech Republic 200,000
    Poland 1,236,224
    Slovak Republic 600,000''; and
    (b) Deleting from the list in such note the expression ``EC 15'' 
and the quantity ``25,810,000'' set out opposite such expression and 
inserting in lieu thereof the expression ``EC 25'' and the quantity 
``27,846,224''.
    3. Additional U.S. note 17 to chapter 4 is modified by:
    (a) Deleting from the list in such note the following country and 
quantity:
    ``Czech Republic 50,000''; and
    (b) Deleting from the list in such note the expression ``EC 15'' 
and the quantity ``2,779,000'' set out opposite such expression and 
inserting in lieu thereof the expression ``EC 25'' and the quantity 
``2,829,000''.
    4. Additional U.S. Note 18 to chapter 4 is modified by:
    (a) Deleting from the list in such note the following country and 
quantity:
    ``Czech Republic 50,000''; and
    (b) Deleting from the list in such note the expression ``EC 15'' 
and the quantity ``1,263,000'' set out opposite such expression and 
inserting in lieu thereof the expression ``EC 25'' and the quantity 
``1,313,000''.
    5. Additional U.S. Note 19 to chapter 4 is modified by:
    (a) Deleting from the list in such note the expression ``EC 15'' 
and inserting in lieu thereof the expression ``EC 25''.
    6. Additional U.S. Note 20 to chapter 4 is modified by:
    (a) Deleting from the list in such note the following country and 
quantity:
    ``Czech Republic 100,000''; and
    (b) Deleting from the list in such note the expression ``EC 15'' 
and the quantity ``6,289,000'' set out opposite such expression and 
inserting in lieu thereof the expression ``EC 25'' and the quantity 
``6,389,000''.
    7. Additional U.S. Note 21 to chapter 4 is modified by:
    (a) Deleting from the list in such note the following country and 
quantity:
    ``Poland 1,325,000''; and
    (b) Deleting from the list in such note the expression ``EC 15'' 
and the quantity ``4,082,000'' set out opposite such expression and 
inserting in lieu thereof the expression ``EC 25'' and the quantity 
``5,407,000''.
    8. Additional U.S. Note 22 to chapter 4 is modified by:
    (a) Deleting from the list in such note the expression ``EC 15'' 
and inserting in lieu thereof the expression ``EC 25''.
    9. Additional U.S. Note 23 to chapter 4 is modified by:
    (a) Deleting from the list in such note the following country and 
quantity:
    ``Poland 174,907''; and
    (b) Deleting from the list in such note the expression ``EC 15'' 
and the quantity ``4,250,000'' set out opposite such expression and 
inserting in lieu thereof the expression ``EC 25'' and the quantity 
``4,424,907''.
    10. Additional U.S. Note 25 to chapter 4 is modified by:

[[Page 77309]]

    (a) Deleting from the list in such note the following countries and 
quantities:
    ``Czech Republic 400,000
    Hungary 800,000''; and
    (b) Deleting from the list in such note the expression ``EC 15'' 
and the quantity ``21,700,000'' set out opposite such expression and 
inserting in lieu thereof the expression ``EC 25'' and the quantity 
``22,900,000''.

Robert B. Zoellick,
United States Trade Representative.
[FR Doc. 04-28123 Filed 12-23-04; 8:45 am]
BILLING CODE 3190-W5-P