[Federal Register Volume 73, Number 105 (Friday, May 30, 2008)]
[Proposed Rules]
[Pages 31036-31040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11924]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 73, No. 105 / Friday, May 30, 2008 / Proposed
Rules
[[Page 31036]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 944, 980, and 999
[Docket No. AMS-FV-07-0110; FV07-944/980/999-1 PR]
Fruit, Vegetable, and Specialty Crops--Import Regulations;
Proposed Revision to Reporting Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This rule would revise the reporting requirements for imports
of commodities regulated under Sec. 608(e) (hereinafter referred to as
``8e'') of the Agricultural Marketing Agreement Act of 1937. These
changes would require that the inspection certificates generated for
each lot of such commodities include the Entry Number from the Customs
and Border Patrol (CBP) documentation that accompanies that lot. The
proposed changes would also require that importers of raisins, dates,
and dried prunes report products exempt from 8e import regulations on
AMS Form FV-6--``Importers' Exempt Commodity Form,'' which is the same
form that is currently used by importers of all other commodities
exempt from 8e import regulations. This proposal also announces the
Agricultural Marketing Service's (AMS) intention to request revisions
to a currently-approved information collection for specified exempt
import commodities. These changes are intended to streamline the
tracking of imported products and provide uniformity in electronic
reporting systems used by the industries and the Department of
Agriculture (USDA).
DATES: Comments must be received by July 29, 2008. Pursuant to the
Paperwork Reduction Act, comment on the information collection burden
that would result from this action must be received by July 29, 2008.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments should be sent to the Docket Clerk,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. All comments should reference the docket number
and the date and page number of this issue of the Federal Register and
will be available for public inspection in the office of the Docket
Clerk during regular business hours, or can be viewed at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Rick Lower or Jared Burnett, Marketing
Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA,
1400 Independence Avenue, SW., Stop 0237, Washington, DC 20250-0237;
Telephone: (202) 720-2491, Fax: (202) 720-8938, or E-mail:
[email protected] or [email protected].
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202)
720-2491, Fax: (202) 720-8938, or E-mail: [email protected].
SUPPLEMENTARY INFORMATION: This proposed rule is issued under section
8e of the Agricultural Marketing Agreement Act of 1937, as amended (7
U.S.C. 601-674), hereinafter referred to as the ``Act.'' Section 8e
provides that whenever certain commodities are regulated under Federal
marketing orders, imports of those commodities into the United States
are prohibited unless they meet the same or comparable grade, size,
quality, or maturity requirements as those in effect for the
domestically produced commodities. To ensure that these requirements
are met, the Act also authorizes USDA to perform inspections and issue
inspection certificates for such imported commodities.
Parts 944, 980, and 999 of title 7 of the Code of Federal
Regulations (CFR) specify the information that should be included on
each inspection certificate issued for regulated imports of fruits,
vegetables, and specialty crops, respectively. Part 999 further
specifies which forms importers should use to report to USDA and CBP
imports of raisins, dates, and dried prunes that may be exempt from
other 8e requirements. Exempt commodities are those which may be
imported for purposes such as processing, donation to charitable
organizations, or animal feed.
USDA is issuing this rule in conformance with Executive Order
12866.
There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of import regulations
issued under section 8e of the Act.
Customs Entry Number
Under the import regulations contained in parts 944, 980, and 999,
inspection certificates issued for imports of certain fruits,
vegetables, and specialty crops, respectively, must include specific
information about the lot being inspected. In addition to stating
whether the lot meets the import requirements, such information as the
date and place of inspection; the name of the applicant; and the
variety, quantity, and identifying marks of the lot inspected are
required.
Currently, many inspectors note the customs Entry Number pertaining
to the lot being inspected, which is taken from the customs
documentation accompanying that lot, in the ``Remarks'' section or
elsewhere on the inspection certificate. The unique Entry Number is
generated for each lot by CBP, and may be found on any one of the
various forms used to report imported lots of fruit, vegetable, and
specialty crop commodities. USDA has found that the Entry Number
provides an efficient way to identify individual lots of commodities
and to cross-reference all the documents pertaining to each lot. If,
for instance, a certain lot fails to meet import regulations when first
presented, it may be reworked and presented for inspection a second
time. The Entry Number is used to tie both the original and any
succeeding inspections to that lot. Additionally, if a lot that fails
to meet import requirements is diverted to another market or destroyed,
USDA and the importer can use the Entry Number to track that lot
through the process.
This rule would make the inclusion of the customs Entry Number on
all
[[Page 31037]]
pertinent inspection certificates mandatory. Including the Entry Number
on inspection certificates would allow importers to more easily
demonstrate that the requirements have been met for each lot of
regulated commodity imported into the United States. This action would
also allow USDA to more easily track imported lots.
Form FV-6
Under the import regulations contained in parts 944, 980, and 999,
individual lots of some imported commodities may be exempt from 8e
regulations if they are to be used in the processing of other products
or consumed through some other exempted use, such as by charitable
organizations or as animal feed. However, importers and receivers are
still required to declare intent to import those commodities into the
United States to CBP and USDA. Most commodities are reported using the
generic Form FV-6--``Importer's Exempt Commodity Form.''
Exempt imports of two commodities--raisins and dates--are currently
reported on forms unique to those commodities. Exempt imports of
raisins are reported on Raisin Form No. 1--``Raisins--Section 8e Entry
Declaration'' and Raisin Form No. 2--``Raisins--Section 8e
Certification of Processor of Reseller.'' Exempt imports of dates are
reported on Date Form No. 1--``Dates--Section 8e Entry Declaration''
and Date Form No. 2--``Dates--Section 8e Certification of Processor of
Reseller.''
The 8e regulations for dried prunes were indefinitely suspended on
May 27, 2005. The suspended language in Sec. 999.200 specifies that
exempt imports of dried prunes are reported on Prune Form No. 1--
``Prunes--Section 8e Entry Declaration'' and Prune Form No. 2--
``Prunes--Section 8e Certification of Processor of Reseller.'' Those
forms would be used if the suspension was lifted in the future.
This rule would change the reporting requirements for imported lots
of raisins, dates, and dried prunes that are exempt from other 8e
regulations by replacing the commodity-specific import declaration
forms described above with the generic Form FV-6. The information
collected on Raisin, Date, and Prune Forms 1 and 2 is the same as that
collected for other commodities reported on Form FV-6. In its
conversion to the use of electronic reporting systems, USDA is adopting
the use of an electronic Form FV-6 to monitor imports of regulated
commodities that are exempt from the import requirements. Replacing the
existing raisin, date, and dried prune Forms 1 and 2 with the generic
Form FV-6 would enable USDA to streamline its operations by collecting
information electronically and eliminating unnecessary forms.
Initial Regulatory Flexibility Analysis
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), AMS has considered the economic impact of this
proposed rule on small entities. Accordingly, AMS has prepared this
initial regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Import regulations issued under
the Act are based on those established under Federal marketing orders.
Small agricultural business firms, which include importers and
receivers of these commodities, have been defined by the Small Business
Administration (13 CFR 121.601) as those having annual receipts of less
than $6,500,000. It is likely that the majority of these importers and
receivers may be classified as small entities.
This rule would revise the reporting requirements for imports of
commodities regulated under section 8e by requiring that the Entry
Number from the CBP documentation that accompanies each shipment is
included on all inspection certificates pertaining to that lot.
Specifically, regulations under part 944 pertaining to imports of
avocados, grapefruit, table grapes, kiwifruit, oranges, fresh prunes
(plums), and olives; part 980 pertaining to Irish potatoes, onions, and
tomatoes; and part 999 pertaining to dates, walnuts, dried prunes,
raisins, and filberts (hazelnuts) would be revised.
Requiring that the customs Entry Number be included on the
inspection certificates should have very little impact on importers or
receivers. The customs documentation containing the Entry Number
assigned to each shipment normally accompanies the shipment and should
be available at the time of inspection. The inspector would note the
Entry Number on the inspection certificate. This is already being done
by many inspectors. The inspection certificate is completed by Federal
or Federal-State employees. Therefore, there is no regulatory burden on
small entities.
The proposed action would further modify part 999 by requiring that
importers and receivers of raisins, dates, and dried prunes report
products exempt from 8e import regulations on Form FV-6--``Importers'
Exempt Commodity Form,'' instead of the commodity-specific forms
currently prescribed for those shipments. Form FV-6 is the same form
that is currently used by importers and receivers to report exempted
shipments of all other section 8e commodities. There are an estimated
329 importers and receivers of all exempt commodities. These changes
are intended to streamline the tracking of imported products and
provide uniformity in electronic reporting systems used by the
industries and USDA.
It is estimated that 5 importers and 5 receivers of imported
raisins for processing, and 5 importers and 10 receivers of imported
dates for processing, would be required to replace Raisin and Date
Forms No. 1 and 2 with Form FV-6 as a result of this proposed rule. As
mentioned above, the domestic order regulations for dried prunes have
been suspended. Therefore, the section 8e regulations for imported
dried prunes are also suspended. It is unknown how many dried prune
importers and receivers would be affected by this rule if the
suspension was lifted.
Replacing Raisin, Date, and Prune Forms 1 & 2 with the generic Form
FV-6 would eliminate the need to stock various commodity-specific
forms. Use of an electronic Form FV-6 would further improve business
efficiency for those required to file the reports as well as for USDA.
Raisin, Date, and Prune Forms No. 1 and 2 are currently approved by
the Office of Management and Budget (OMB) under OMB No. 0581-0178,
``Vegetable and Specialty Crop Marketing Orders'' for 48.5 burden
hours. Form FV-6 is currently approved by OMB under OMB No. 0581-0167,
``Specified Commodities Imported into the United States Exempt from
Import Requirements.'' This rule would remove 48.5 burden hours from
OMB No. 0581-0178, and transfer that burden as an increase to OMB No.
0581-0167. This change in burden will be addressed in a revision to a
currently approved information collection under OMB No. 0581-0167. The
change in burden is explained in the Paperwork Reduction Act section
below.
USDA has not identified any relevant Federal rules that duplicate,
overlap or conflict with this proposed rule.
Interested persons are invited to submit comments on this proposed
rule, including the regulatory and
[[Page 31038]]
informational impacts of this action on small businesses.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/fv/moab.html. Any questions about the compliance
guide should be sent to Jay Guerber at the previously mentioned address
in the FOR FURTHER INFORMATION CONTACT section.
A 60-day comment period is provided to allow interested persons to
respond to this proposal. All written comments timely received will be
considered before a final determination is made on this matter.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), AMS announces its intention to submit a revision to a
currently-approved information collection.
Title: Specified Commodities Imported Into the United States Exempt
from Import Requirements, 7 CFR Parts 944, 980, and 999.
OMB Number: 0581-0167.
Type of Request: Revision.
Abstract: Section 8e of the Act requires that whenever the
Secretary of Agriculture issues grade, size, quality, or maturity
regulations under domestic marketing orders for certain commodities,
the same or comparable regulations on imports of those commodities must
be issued. Import regulations apply only during those periods when
domestic marketing order regulations are in effect.
Currently, the following commodities are subject to Section 8e
import regulations: Avocados, dates (other than dates for processing),
hazelnuts, grapefruit, table grapes, kiwifruit, olives (other than
Spanish-style olives), onions, oranges, Irish potatoes, dried prunes
(suspended), fresh prunes, raisins, tomatoes, and walnuts. However,
imports of these commodities are exempt from such requirements if they
are imported for such outlets as processing, charity, animal feed,
seed, and distribution to relief agencies when those outlets are exempt
under the applicable marketing orders.
Safeguard procedures in the form of importer and receiver reporting
requirements are used to ensure that the imported commodities are
shipped to authorized exempt outlets. Reports required under the
safeguard procedures are similar to the reports currently required by
most domestic marketing orders. The following import regulations
require importers and receivers of imported fruit, vegetable, and
specialty crops to submit reports: (1) Fruits; import regulations (7
CFR part 944.350); (2) vegetables; import regulations (7 CFR part
980.501); and (3) Specialty crops; import regulations (7 CFR part
999.500).
When required to do so under the above regulations, an importer
wishing to import commodities for exempt purposes completes, prior to
importation, an ``Importer's Exempt Commodity Form,'' Form FV-6, which
is a four-part form. The first copy is presented to U.S. Customs and
Border Protection, Department of Homeland Security. The second copy is
filed with the Marketing Order Administration Branch (MOAB) of the
Fruit and Vegetable Programs, AMS, within two days after the commodity
enters the United States. The third copy of the form accompanies the
exempt shipment to its intended destination. The receiver certifies
that the commodity has been received and that it will be utilized for
authorized exempt purposes. The receiver then files the third copy with
MOAB within two days after receiving the commodity. The fourth copy is
retained by the importer.
USDA utilizes this information to ensure that imported goods
destined for exempt outlets are given no less favorable treatment than
that afforded domestic goods destined for such exempt outlets. These
exemptions are consistent with Section 8e import regulations under the
Act.
Form FV-6 requires the minimum amount of information necessary to
effectively carry out the requirements of the Act, and its use is
necessary to fulfill the intent of the Act and to administer Section 8e
compliance activities.
USDA is currently in the process of converting the four-part Form
FV-6 to an electronic format. It is expected that use of the electronic
reporting system will reduce the time needed to complete and submit
Form FV-6.
The information collection package for which this notice of
extension and revision is provided contains one other form, ``Civil
Penalty Stipulation Agreement,'' Form FV-7, which was not addressed in
this rule. There are no proposed revisions to Form FV-7. The sole
requirement for this form is the respondent's signature. Therefore,
there is no burden associated with it.
The information collected through this package is used primarily by
authorized representatives of USDA, including AMS' Fruit and Vegetable
Programs' regional and headquarters staff.
Estimate of Burden: The public reporting burden for this
information collection is estimated to average 0.08 hours per response.
Respondents: Importers and receivers of exempt commodities.
Estimated Number of Respondents: 329.
Estimated Total Annual Responses: 9,131.
Estimated Number of Responses per Respondent: 27.75.
Estimated Total Annual Burden on Respondents: 755.69 hours.
Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of USDA functions,
including whether the information will have practical utility; (2) the
accuracy of USDA's estimate of the burden of the proposed collection of
information including the validity of the methodology and assumptions
used; (3) ways to enhance the quality, utility, and clarity of the
information to be collected; and (4) ways to minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology.
Comments on the information collection should reference OMB No.
0581-0167 and ``Specified Commodities Imported into the United States
Exempt from Import Requirements.'' Comments should be sent to the
Docket Clerk at the previously-mentioned address or submitted via the
Internet at http://www.regulations.gov.
All responses to this notice will be summarized and included in the
request for OMB approval. All comments received will become a matter of
public record and will be available for public inspection during
regular business hours at the same address or at http://www.regulations.gov.
AMS is committed to compliance with the Government Paperwork
Elimination Act, which requires government agencies in general to
provide the public with the option of submitting information or
transacting business electronically to the maximum extent possible.
List of Subjects
7 CFR Part 944
Avocados, Food grades and standards, Grapefruit, Grapes, Imports,
Kiwifruit, Limes, Olives, Oranges.
7 CFR Part 980
Food grades and standards, Imports, Marketing agreements, Onions,
Potatoes, Tomatoes.
7 CFR Part 999
Dates, Filberts, Food grades and standards, Imports, Nuts, Prunes,
[[Page 31039]]
Raisins, Reporting and recordkeeping requirements, Walnuts.
For the reasons set forth above, 7 CFR parts 944, 980, and 999 are
proposed to be amended as follows:
1. The authority citation for 7 CFR parts 944, 980, and 999
continues to read as follows:
Authority: 7 U.S.C. 601-674.
PART 944--FRUITS; IMPORT REGULATIONS
2. In Sec. 944.400, paragraph (d) is amended by redesignating
paragraphs (d)(3) through (d)(7) as paragraphs (d)(4) through (d)(8)
and adding a new paragraph (d)(3) to read as follows:
Sec. 944.400 Designated inspection services and procedure for
obtaining inspection and certification of imported avocados,
grapefruit, kiwifruit, oranges, prune variety plums (fresh prunes), and
table grapes regulated under section 8e of the Agricultural Marketing
Agreement Act of 1937, as amended.
* * * * *
(d) * * *
(3) The customs Entry Number pertaining to the lot or shipment
covered by the certificate;
* * * * *
3. In Sec. 944.401, paragraph (i) is amended by redesignating
paragraphs (i)(3) through (i)(8) as paragraphs(i)(4) through (i)(9) and
adding a new paragraph (i)(3) to read as follows:
Sec. 944.401 Olive Regulation 1.
* * * * *
(i) * * *
(3) The customs Entry Number pertaining to the lot or shipment
covered by the certificate;
* * * * *
PART 980--VEGETABLES; IMPORT REGULATIONS
4. In Sec. 980.1, paragraph (g)(4) is amended by redesignating
paragraphs (g)(4)(iii) through (g)(4)(vii) as paragraphs (g)(4)(iv)
through (g)(4)(viii) and adding a new paragraph (g)(4)(iii) to read as
follows:
Sec. 980.1 Import Regulations; Irish potatoes.
* * * * *
(g) * * *
(4) * * *
(iii) The customs Entry Number pertaining to the lot or shipment
covered by the certificate;
* * * * *
5. In Sec. 980.117, paragraph (f)(5) is amended by redesignating
paragraphs (f)(5)(iii) through (f)(5)(vii) as paragraphs (f)(5)(iv)
through (f)(5)(viii) and adding a new paragraph (f)(5)(iii) to read as
follows:
Sec. 980.117 Import Regulations; onions.
* * * * *
(f) * * *
(5) * * *
(iii) The customs Entry Number pertaining to the lot or shipment
covered by the certificate;
* * * * *
6. In Sec. 980.212, paragraph (f)(5) is amended by redesignating
paragraphs (f)(5)(iii) through (f)(5)(vii) as paragraphs (f)(5)(iv)
through (f)(5)(viii) and adding a new paragraph (f)(5)(iii) to read as
follows:
Sec. 980.212 Import Regulations; Tomatoes.
* * * * *
(f) * * *
(5) * * *
(iii) The customs Entry Number pertaining to the lot or shipment
covered by the certificate;
* * * * *
PART 999--SPECIALTY CROPS; IMPORT REGULATIONS
Sec. 999.1 [Amended]
7. Section 999.1 is amended by:
A. Redesignating paragraphs (c)(2)(iii) through (c)(2)(v) as
paragraphs (c)(2)(iv) through (c)(2)(vi) and adding a new paragraph
(c)(2)(iii).
B. Removing the phrase ``(c)(2)(iv)'' in paragraph (e)(1) and
adding the phrase ``(c)(2)(v)'' in its place.
C. Revising paragraph (e)(2).
D. Revising paragraph (e)(3).
E. Removing the phrase ``Date Form No. 2'' in paragraph (e)(4) and
adding the phrase ``Form FV-6'' in its place.
F. Removing the phrase ``Date Form No. 2 `Dates for Processing--
Section 8e Certification of Processor or Reseller' '' in paragraph (f)
and adding the phrase ``Form FV-6--`Importer's Exempt Commodity Form'
'' in its place.
G. Removing the phrase ``Date Form No. 1 `Dates--Section 8e Entry
Declaration' '', in the first sentence in paragraph (g), and adding the
phrase ``Form FV-6--`Importer's Exempt Commodity Form' '' in its place.
H. Removing the phrase ``Date Form No. 1'', from the second
sentence in paragraph (g), and adding the phrase ``Form FV-6'' in its
place.
The new additions read as follows:
Sec. 999.1 Regulation governing the importation of dates.
* * * * *
(c) * * *
(2) * * *
(iii) The customs Entry Number pertaining to the lot or shipment
covered by the certificate;
* * * * *
(e) * * *
(2) Dates for processing and dates prepared or preserved-
importation. Any person may import dates for processing and dates
prepared or preserved exempt from the grade inspection, and
certification requirements of this section if the importer first files
as a condition of such importation an executed ``Form FV-6--`Importer's
Exempt Commodity Form.' '' The importer shall promptly transmit a copy
of the executed ``Form FV-6'' to the Fruit and Vegetable Division.
(3) Dates for processing--Sale by importer. No importer or other
person may import, sell, or use any dates for processing other than for
use as set forth in paragraph (a)(4) of this section or as otherwise
permitted by this section. Each importer of dates for processing shall
obtain from each purchaser, no later than the time of delivery to such
purchaser, and file with the Fruit and Vegetable Division not later
than the fifth day of the month following the month in which the dates
were delivered, and executed ``Form FV-6.''
* * * * *
8. In Sec. 999.100, paragraph (c)(2) is amended by redesignating
paragraphs (c)(2)(iv) and (c)(2)(v) as paragraphs (c)(2)(v) and (vi)
and adding a new paragraph (c)(2)(iv) to read as follows:
Sec. 999.100 Regulations governing imports of walnuts.
* * * * *
(c) * * *
(2) * * *
(iv) The customs Entry Number pertaining to the lot or shipment
covered by the certificate;
* * * * *
9. In Part 999, the suspension of Sec. 999.200 is lifted and
amended as follows:
A. Removing the phrase ``Prune Form No. 1 Prunes--Section 8e Entry
Declaration'' in paragraph (b)(5) and adding the phrase ``Form FV-6--
`Importer's Exempt Commodity Form' '' in its place.
B. Redesignating paragraphs (c)(2)(iii) through (c)(2)(v) as
paragraphs (c)(2)(iv) through (c)(2)(vi) and adding a new paragraph
(c)(2)(iii).
C. Removing the phrase `` `Prunes--Section 8e Entry Declaration,'
prescribed in paragraph (e)(2) of this section as Prune Form No. 1'' in
the second sentence of paragraph (e)(1), and add the phrase ``Form FV-
6--`Importer's Exempt Commodity Form;' '' in its place.
D. Removing the phrase `` `Prunes--Section 8e Certification of
Processor or Reseller' prescribed in paragraph (e)(3) of this section
as Prune Form No. 2'' in the fifth sentence of paragraph (e)(1),
[[Page 31040]]
and adding the phrase ``Form FV-6--`Importer's Exempt Commodity Form'
'' in its place.
E. Removing paragraphs (e)(2) and (e)(3).
F. Redesignating paragraph (e)(4) as paragraph (e)(2).
G. Revising newly redesignated paragraph (e)(2).
The new additions read as follows:
Sec. 999.200 Regulation governing the importation of prunes.
* * * * *
(c) * * *
(2) * * *
(iii) The customs Entry Number pertaining to the lot or shipment
covered by the certificate;
* * * * *
(e) * * *
(2) Manufacturing Grade Substandard Prune--sale by other than
importer. Each wholesaler or other reseller of manufacturing grade
substandard prunes should, for his protection, obtain from each
purchaser and hold in his files an executed Form FV-6--`Importer's
Exempt Commodity Form' covering each sale during the calendar year.
* * * * *
Sec. 999.200 [Suspended]
10. Suspend Sec. 999.200 indefinitely.
Sec. 999.300 [Amended]
11. Section 999.300 is amended by:
A. Redesignating paragraph (c)(2)(iv) through (c)(2)(vi) as
paragraphs (c)(2)(v) through (c)(2)(vii) and adding a new paragraph
(c)(2)(iv).
B. Removing the phrase `` `Raisins--Section 8e Entry Declaration'
prescribed in paragraph (e)(2)(i) of this section as `Raisin Form No.
1' '', in the second sentence of paragraph (e)(2), and adding the
phrase ``Form FV-6--Importer's Exempt Commodity Form'' in its place.
C. Removing the phrase `` `Raisins--Section 8e Certification of
Processor or Reseller,' prescribed in paragraph (e)(2)(ii) of this
section as `Raisin Form No. 2' '', in the fifth sentence of paragraph
(e)(2) and adding the phrase ``Form FV-6'' in its place.
D. Removing the phrase ``Raisin Form No. 2'' from the seventh
sentence of paragraph (e)(2) and adding the phrase ``Form FV-6'' in its
place.
E. Removing paragraphs (e)(2)(i) and (e)(2)(ii).
The additions read as follows:
Sec. 999.300 Regulation governing importation of raisins.
* * * * *
(c) * * *
(2) * * *
(iv) The customs Entry Number pertaining to the lot or shipment
covered by the certificate;
* * * * *
13. In Sec. 999.400, paragraph (c)(3) is amended by redesignating
paragraphs (c)(3)(iv) through (c)(3)(vi) as paragraphs (c)(3)(v)
through (c)(3)(vii) and adding a new paragraph (c)(3)(iv) to read as
follows:
Sec. 999.400 Regulation governing the importation of filberts.
* * * * *
(c) * * *
(3) * * *
(iv) The customs Entry Number pertaining to the lot or shipment
covered by the certificate;
* * * * *
Dated: May 22, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-11924 Filed 5-29-08; 8:45 am]
BILLING CODE 3410-02-P