This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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Rules and Regulations Federal Register

40049

Vol. 65, No. 126

Thursday, June 29, 2000

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

15 CFR Part 2014

RIN 0350–AA02

Implementation of the Temporary

Tariff-Rate Quota for Imports of Lamb

Meat

AGENCY: Office of the United States

Trade Representative.

ACTION: Final rule.

SUMMARY: The Office of the United

States Trade Representative (‘‘USTR’’)

hereby issues a final rule providing for

the establishment of an export

certificate procedure to assist in the

orderly marketing of lamb meat imports

from countries provided a specific

import allocation under the temporary

tariff-rate quota that the President has

imposed on those products.

DATES: The effective date of this final

rule is June 29, 2000.

FOR FURTHER INFORMATION CONTACT:

Mark Sloan, Director of Agricultural

Affairs, Office of the United States

Trade Representative, 600 17th Street

NW., Washington, DC 20506, (202) 395–

6127.

SUPPLEMENTARY INFORMATION: On July 7,

1999, the President issued Proclamation

7208, 64 FR 37387 (July 9, 1999), which

established a temporary tariff-rate quota

(‘‘TRQ’’) and increased duties, effective

July 22, 1999, on lamb meat imports to

facilitate the domestic industry’s

adjustment to import competition. In

order to provide for the efficient and fair

administration of the TRQ, on July 30,

1999, the President issued Proclamation

7214, 64 FR 42265 (Aug. 4, 1999), which

delegated authority to administer the

TRQ to the United States Trade

Representative.

To provide for the efficient and fair

administration of the TRQ, USTR has

established a procedure under which

countries that have been allotted an inquota allocation under the TRQ may use

a system of export certificates to ensure

that only those of its lamb meat exports

specifically designated for the United

States market are counted against the

country’s in-quota allocation. USTR

published an interim rule and request

for comments on this subject in the

Federal Register on October 20, 1999,

64 FR 56429.

Under the final rule, as under the

interim rule, a country that was

provided a specific in-quota allocation

under the TRQ may elect to have the

United States Customs Service (‘‘U.S.

Customs’’) determine which lamb meat

imports are to be counted against the

country’s in-quota allocation, and thus

be assessed the lower rate of duty

applicable to in-quota imports, based on

whether the country has issued (or

authorized issuance of) an export

certificate for that lamb meat. Two

countries, Australia and New Zealand,

were provided specific in-quota

allocations under the TRQ. Both

governments have requested USTR to

establish an export certificate procedure

to assist in the orderly marketing of

their lamb meat exports to the United

States while the TRQ is in effect.

A country wishing to avail itself of the

export certificate procedure must notify

USTR and provide the necessary

supporting information. Australia and

New Zealand have provided the

requisite supporting information, and

USTR determine in the Federal Register

notice for the interim rule that both

countries are ‘‘participating countries’’

under the export certificate procedure.

64 FR at 56429. USTR will publish a

notice in the Federal Register if

Australia or New Zealand ceases to be

a participating country.

U.S. Customs will ensure that no

imports of lamb meat from a

participating country are counted

against that country’s in-quota

allocation unless the importer declares

that there is a valid export certificate for

that lamb meat. In the absence of such

a declaration, the imports will not be

eligible for the in-quota rate of duty.

U.S. Customs will separately issue

regulations governing its

implementation of this rule.

Comments on the Interim Rule

USTR received comments on the

interim rule from representatives of the

Australian lamb meat industry (Meat

and Livestock Australia, or ‘‘MLA’’) and

the Embassy of New Zealand.

MLA supported implementation of

the export certificate system, and

therefore supported the interim rule.

MLA had no substantive comments on

the interim rule.

The Embassy of New Zealand also

supported the export certificate system.

However, it recommended the following

three changes to the interim rule:

(i) That the wording of § 2014.3(b)(2)

be amended by replacing ‘‘calendar

year’’ with ‘‘quota year;’’

(ii) That the wording of § 2014.3(b)(4)

be amended by replacing ‘‘in the

calendar year’’ with ‘‘for quota year;’’

and

(iii) That the term ‘‘quota year’’ be

defined in § 2014.2 as ‘‘the period

between 22 July 1999 and 21 July 2000,

inclusive, and such subsequent periods

as set forth in Presidential

Proclamations 7208 (64 FR 37387) and

7214 (64 FR 42265) during which lamb

meat is exported.’’

USTR has adopted all of the changes

suggested by the Embassy of New

Zealand, and has amended its interim

rule accordingly.

List of Subjects in 15 CFR Part 2014

Export certificates, Imports, Lamb

meat, Tariff-rate quotas.

For the reasons set out in the

SUPPLEMENTARY INFORMATION section of

this notice, 15 CFR 2014 is revised to

read as follows:

PART 2014—IMPLEMENTATION OF

TARIFF-RATE QUOTA FOR IMPORTS

OF LAMB MEAT

Sec.

2014.1 Purpose.

2014.2 Definitions.

2014.3 Export certificates.

Authority: 19 U.S.C. 2253(g); Proclamation

7208, 64 FR 37387, July 9, 1999;

Proclamation 7214, 64 FR 42265, Aug. 4,

1999.

§ 2014.1 Purpose.

The purpose of this part is to provide

for the implementation of the tariff-rate

quota for imports of lamb meat

established in Proclamation 7208 (64 FR

37387) (July 9, 1999) and modified in

Proclamation 7214 (64 FR 42265) (Aug.

4, 1999). In particular, this part provides

for the administration of export

certificates where a country that has an

allocation of the in-quota quantity under

40050 Federal Register / Vol. 65, No. 126 / Thursday, June 29, 2000 / Rules and Regulations

the tariff-rate quota has chosen to use

export certificates.

§ 2014.2 Definitions.

Unless the context otherwise requires,

for the purpose of this part, the

following terms shall have the meanings

assigned as follows:

(a) Lamb meat means fresh, chilled, or

frozen lamb meat, provided for in

subheadings 0204.10.00, 0204.22.20,

0204.23.20, 0204.30.00, 0204.42.20, and

0204.43.20 of the HTS.

(b) In-quota lamb meat means lamb

meat that is entered under the in-quota

rate of duty.

(c) Participating country means any

country to which an allocation of a

particular quantity of lamb meat has

been assigned under Proclamation 7208

that USTR has determined is, and has

notified to the United States Customs

Service as being, eligible to use export

certificates.

(d) Enter or Entered means to enter or

withdraw from warehouse for

consumption.

(e) HTS means the Harmonized Tariff

schedule of the United States.

(f) USTR means the United States

Trade Representative or the designee of

the United States Trade Representative.

(g) Quota Year means the period

between July 22, 1999 and July 21, 2000,

inclusive, and such subsequent periods

as set forth in Presidential

Proclamations 7208 and 7214 during

which lamb meat is exported.

§ 2014.3 Export certificates.

(a) In-quota lamb meat may only be

entered as a product of a participating

country if the United States importer

makes a declaration to the United States

Customs Service, in the form and

manner determined by the United States

Customs Service, that a valid export

certificate is in effect with respect to

that lamb meat product.

(b) To be valid, an export certificate

shall:

(1) Be issued by or under the

supervision of the government of the

participating country;

(2) Specify the name of the exporter,

the product description and quantity,

and the quota year for which the export

certificate is in effect;

(3) Be distinct and uniquely

identifiable; and

(4) Be used for the quota year for

which it is in effect.

Kenneth P. Freiberg,

Deputy General Counsel, Office of the United

States Trade Representative.

[FR Doc. 00–16403 Filed 6–28–00; 8:45 am]

BILLING CODE 3910–01–M

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Parts 270, 275 and 295

[T.D. ATF–427; Ref: Notice No. 889]

RIN 1512–AB92

Extension of Package Use-Up Rule for

Roll-Your-Own Tobacco Manufacturers

and Importers (98R–370P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Temporary rule (Treasury

decision).

SUMMARY: In Treasury Decision ATF–

424, ATF issued temporary regulations

requiring manufacturers and importers

to mark packages of roll-your-own

tobacco as either ‘‘roll-your-own

tobacco’’ or ‘‘Tax Class J.’’ The

temporary regulations provided a useup period until April 1, 2000 for

manufacturers who used packages that

did not meet the marking requirements,

provided they used the packages before

January 1, 2000. In this temporary rule,

ATF is extending the date by which

manufacturers of roll-your-own tobacco

must comply with the package marking

requirements. ATF is also adding

regulations to provide the same

compliance date for importers of rollyour-own tobacco.

DATES: Effective date: June 29, 2000.

This temporary rule extends the

compliance date for both manufacturers

and importers until October 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Robert P. Ruhf, Regulations Division,

650 Massachusetts Avenue, NW.,

Washington, DC 20226; (202) 927–8210;

or alctob@atfhq.atf.treas.gov.

SUPPLEMENTARY INFORMATION:

Background

This temporary rule extends the date

stated in 27 CFR 270.216b(c) and

295.45c for manufacturers to comply

with the requirements that packages be

marked as ‘‘roll-your-own tobacco’’ or

‘‘Tax Class J’’ from April 1, 2000, to

October 1, 2000. This temporary rule

also adds a new section, 27 CFR

275.72c, that will allow importers to

have this same benefit. We are taking

this action as a result of comments from

the Pipe Tobacco Council, Washington,

DC. These comments were received in

response to the notice of proposed

rulemaking, Notice No. 889 (64 FR

71935), issued concurrently with the

temporary rule T.D. ATF–424 (64 FR

71929).

The Pipe Tobacco Council submitted

written comments concerning the

inability of manufacturers and importers

of roll-your-own tobacco to comply with

the April 1, 2000 deadline. The Pipe

Tobacco Council stated that they

represented manufacturers and

importers who account for more than 90

percent of the roll-your-own tobacco

sold in the United States. The Pipe

Tobacco Council stated that since there

is a long lead time for acquiring new

packaging of at least 5 to 6 months, most

manufacturers and importers would be

unable to meet the April 1, 2000

deadline for marking packages as ‘‘rollyour-own tobacco’’ or ‘‘Tax Class J’’. In

addition, they stated that although

manufacturers and importers could

place stickers on the packages with

‘‘roll-your-own tobacco’’ or ‘‘Tax Class

J’’ markings, the amount of hand labor

involved would make this very costly.

The Pipe Tobacco Council requested an

extension of the compliance date to

October 1, 2000, to allow all

manufacturers and importers a

reasonable time to comply with this

requirement to mark packages ‘‘rollyour-own tobacco’’ or ‘‘Tax Class J’’.

We have considered the jeopardy to

the revenue in extending the

compliance date with these package

markings and the costs that would be

incurred. Since the jeopardy to the

revenue is minimal and the costs would

be comparatively large for

manufacturers and importers to comply,

we have decided to extend the use-up

date from April 1, 2000, to October 1,

2000.

We note that the Pipe Tobacco

Council letter also requested that

‘‘cigarette tobacco,’’ be allowed as an

alternative marking designation on

packages of roll-your-own tobacco. We

are not addressing this issue at this

time. We will address this issue after we

have analyzed all comments received

during the 60-day comment period to

Notice No. 889 (64 FR 71935), which

was issued concurrently with the

temporary rule T.D. ATF–424 (64 FR

71929) published December 22, 1999.

Regulatory Flexibility Act

Because no notice of proposed

rulemaking is required for this

temporary rule, according to the

provisions of the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.) do not apply.

Moreover, to give immediate guidance

to manufacturers and importers, this

temporary rule to extends the date they

have to comply with the requirement to

mark packages as ‘‘roll-your-own

tobacco’’ or ‘‘Tax Class J’’. The

extension of this date does not impose

any additional requirements on small