[Federal Register: October 6, 2004 (Volume 69, Number 193)]
[Rules and Regulations]
[Page 59763-59764]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc04-2]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 6
Dairy Tariff-Rate Import Quota Licensing; Final Rule
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule; technical corrections.
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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.
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Accordingly, 7 CFR part 6 is amended as follows:
PART 6--IMPORT QUOTAS AND FEES
Subpart--Dairy Tariff-Rate Import Quota Licensing
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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).
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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
[[Page 59764]]
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:
* * * * *
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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:
* * * * *
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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.
* * * * *
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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.
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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.
[FR Doc. 04-22444 Filed 10-5-04; 8:45 am]
BILLING CODE 3410-10-P