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[Federal Register: August 20, 2004 (Volume 69, Number 193)]
[Notices]
[Page 59763-59764]
From the Federal Register Online via GPO Access
[wais.access.gpo.gov]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Dairy Tariff-Rate Import Quota Licensing; Final Rule
AGENCY: Office of the Secretary, USDA
ACTION: Final rule; technical corrections
Summary: This document amends the Dairy Tariff-Rate Import Quota Licensing regulation to provide for applications to be submitted using the internet, while continuing to permit applicants to use the existing certified mail provision for applications. The requirement that applications be notarized is eliminated. Additionally, an incorrect section reference is corrected.
DATES: Effective on September 1, 2004.
FOR FURTHER INFORMATION CONTACT: Bettyann Gonzales, Dairy Import Specialist, Import Policies and Programs Division, Foreign Agricultural Service, 1400 Independence Avenue, SW, STOP 1021, by e-mail at: gonzalesb@fas.usda.gov, telephone 202-720-1344, or fax at 202-720-6556.
SUPPLEMENTARY INFORMATION:
The Dairy Tariff-Rate Import Quota
Licensing program regulation which is codified at 7 CFR part 6, implements the
licensing system for certain dairy products which are eligible for in- quota
tariff rates proclaimed in the Harmonized Tariff Schedule of the United States.
Currently, Sec. 6.36(b) requires all submissions to be made by registered or
certified mail, return receipt requested, with a postmarked receipt. The Dairy
Import Licensing Authority will soon be implementing a software program to
permit applications for dairy import licenses to be submitted electronically
over the internet. Therefore, the regulation is amended in various sections to
permit applications to be submitted over the Internet, or by mail.
A final rule published on January 10, 2000, (65 FR 1297-1298) redesignated Sec.
6.35 as Sec. 6.36 and inserted a new Sec. 6.35, but did not change references to
the original Sec. 6.35 throughout the regulation. This rules corrects the
references.
List of Subjects in 7 CFR Part 6
Agricultural
commodities, Cheese, Dairy Products, Imports, Reporting and record keeping
requirements.
Accordingly, 7 CFR part 6 is amended as follows:
PART 6--IMPORT QUOTAS AND FEES
Subpart--Dairy Tariff-Rate Import Quota Licensing
1. The authority citation for Part 6,
Subpart--Dairy Tariff-Rate Import Quota Licensing continues to read as follows:
Authority: Additional U.S. Notes 6, 7, 8, 12, 14, 16-23 and 25 to Chapter 4 and
General Note 15 of the Harmonized Tariff Schedule of the United States (19 U.S.C.
1202), Pub. L. 97-258, 96 Stat. 1051, as amended (31 U.S.C. 9701), and secs. 103
and 404, Pub. L. 103-465, 108 Stat. 4819 (19 U.S.C. 3513 and 3601).
2. Amend Sec. 6.24 by revising paragraphs (a) and (b)(1), and the introductory
text of paragraph (c) to read as follows:
Sec. 6.24 Application for a license.
(a) Application for license shall be made on either paper or electronic
forms, provided or designated by the Licensing Authority, and shall be submitted
in accordance with Sec. 6.36(b). All parts of the application shall be
completed. The application, if mailed, shall be postmarked no earlier than
September 1 and no later than midnight October 15 of the year preceding that for
which license application is made. The application, if submitted electronically,
shall be transmitted no earlier than September 1 and no later than midnight
October 15 of the year preceding that for which license application is made. The
Licensing Authority will not accept incomplete applications or unpostmarked
mailed applications.
(b)(1) Where the applicant seeks to establish eligibility on the basis of
imports, applications shall include identification of entries (if submitted
electronically) or Customs Form 7501 (if submitted by mail), sufficient to
establish the applicant as the importer of record of entries required under Sec.
6.23, during the 12-month period ending August 31 prior to the quota year for
which license is being sought.
* * * * *
(c) However, if the applicant is applying on the basis of more than eight
shipments, the application, if mailed, shall include:
* * * * *
3. Amend Sec. 6.26 by revising paragraph (a) and the introductory text of
paragraph (c) to read as follows:
Sec. 6.26 Surrender and reallocation.
(a) If a licensee determines that it will not enter the entire amount of an
article permitted under its license, such licensee shall surrender its license
right to enter the amount that it does not intend to enter. Surrender shall be
made to the Licensing Authority in writing by mail or electronic submission,
postmarked or electronically submitted, in accordance with Sec. 6.36(b), no
later than October 1. Any surrender shall be final and shall be only for that
quota year, except as provided in Sec. 6.25(b). The amount of the license not
surrendered shall be subject to the license use requirements of Sec. 6.23(c)(1).
* * * * *
(c) Any person who has been issued a license for a quota year may apply to
receive additional license, or addition to an existing license for a portion of
the amount being reallocated. The application shall be submitted to the
Licensing Authority by mail or electronic submission, in accordance with Sec.
6.36(b), no earlier than September 1 and not later than September 15, and shall
specify:
* * * * *
4. Amend Sec. 6.28 by revising paragraph (b) to read as follows:
Sec. 6.28 Transfer of license.
* * * * *
(b) The parties seeking transfer of license shall give written notice to the
Licensing Authority of the intended sale or conveyance described in paragraph
(a) of this section by mail as required in Sec. 6.36(b). The notice must be
received by the Licensing Authority at least 20 working days prior to the
intended consummation of the sale or conveyance. Such written notice shall
include copies of the documents of sale or conveyance. The Licensing Authority
will review the documents for compliance with the requirements of paragraph (a)
of this section and advise the parties in writing of its findings by the end of
the 20-day period. The parties shall have the burden of demonstrating to the
satisfaction of the Licensing Authority that the contemplated sale or conveyance
complies with the requirements of paragraph (a) of this section. Within 15 days
of the consummation of the sale or conveyance, the parties shall mail copies of
the final documents to the Licensing Authority, in accordance with Sec. 6.36(b).
The Licensing Authority will not transfer the licenses unless the documents are
submitted in accordance with this paragraph.
* * * * *
5. Amend Sec. 6.33 by revising paragraphs (b), (c), and (d) to read as follows:
Sec. 6.33 License fee.
* * * * *
(b) The license fee for each license issued is due and payable in full by mail
or electronic submission, postmarked or electronically submitted in accordance
with Sec. 6.36(b), no later than May 1 of the year for which the license is
issued. The fee for any license issued after May 1 of any quota year is due and
payable in full by mail or electronic submission, postmarked or electronically
submitted in accordance with Sec. 6.36(b), no later than 30 days from the date
of issuance of the license. Fee payments, if made by mail, shall be made by
certified check or money order payable to the Treasurer of the United States.
Fee payments, if made electronically, shall be made utilizing the electronic
software designated for the purpose by the Licensing Authority.
(c) If the license fee is not paid by the final payment date, a hold will be
placed on the use of the license and no articles will be permitted entry under
that license. The Licensing Authority shall send a warning letter by certified
mail, return receipt requested, advising the licensee that if payment is not
mailed in accordance with Sec. 6.36(b) or received within 21 days from the date
of the letter, that the license will be revoked. Where the license at issue is a
historical license, this will result, pursuant to Sec. 6.23(b), in the person's
loss of historical eligibility for such license.
(d) Licensees may elect not to accept certain licenses issued to them; however,
the Licensing Authority must be so notified by mail or electronic e-mail,
postmarked or electronically submitted in accordance with Sec. 6.36(b) no later
than May 1 of the year for which the license is issued.
6. Amend Sec. 6.36 by revising paragraph (b) to read as follows:
Sec. 6.36 Miscellaneous.
* * * * *
b) All submissions required under this subpart shall be made either by
registered or certified mail, return receipt requested, with a postmarked
receipt, with proper postage affixed and properly addressed to the Dairy Import
Licensing Group, STOP 1021, U.S. Department of Agriculture, 1400 Independence
Avenue SW., Washington DC 20250-1021, or by electronic submission utilizing the
electronic software designated for this purpose by the Licensing Authority.
Signed at Washington, DC, on September 24, 2004.
A. Ellen Terpstra,
Administrator, Foreign Agricultural Service
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