Notice2022-00464
New Zealand Beef Imports Approved for the Electronic Certification System
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 12, 2022
Effective
January 18, 2022
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
This document announces that the export certification requirement for certain imports of beef from New Zealand subject to a tariff-rate quota will be accomplished through the Electronic Certification System (eCERT). All imports of beef from New Zealand that are subject to the tariff-rate quota must have a valid export certificate with a corresponding eCERT transmission at the time of entry, or withdrawal from warehouse, for consumption. The United States Government (USG) has approved the request from New Zealand to transition to eCERT as the method of transmission. The transition to eCERT will not change the tariff-rate quota filing process or requirements. Importers will continue to provide the export certificate numbers from New Zealand in the same manner as when currently filing entry summaries with U.S. Customs and Border Protection. The format of the export certificate numbers will remain the same for the corresponding eCERT transmissions.
Full Text
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<title>Federal Register, Volume 87 Issue 8 (Wednesday, January 12, 2022)</title>
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[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1771-1772]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00464]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
New Zealand Beef Imports Approved for the Electronic
Certification System
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
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SUMMARY: This document announces that the export certification
requirement for certain imports of beef from New Zealand subject to a
tariff-rate quota will be accomplished through the Electronic
Certification System (eCERT). All imports of beef from New Zealand that
are subject to the tariff-rate quota must have a valid export
certificate with a corresponding eCERT transmission at the time of
entry, or withdrawal from warehouse, for consumption. The United States
Government (USG) has approved the request from New Zealand to
transition to eCERT as the method of transmission. The transition to
eCERT will not change the tariff-rate quota filing process or
requirements. Importers will continue to provide the export certificate
numbers from New Zealand in the same manner as when currently filing
entry summaries with U.S. Customs and Border Protection. The format of
the export certificate numbers will remain the same for the
corresponding eCERT transmissions.
DATES: The use of the eCERT process for certain New Zealand beef
importations subject to a tariff-rate quota will be effective for beef
entered, or withdrawn from a warehouse, for consumption on or after
January 18, 2022.
[[Page 1772]]
FOR FURTHER INFORMATION CONTACT: Julia Peterson, Chief, Quota and
Agriculture Branch, Trade Policy and Programs, Office of Trade, (202)
384-8905, or <a href="/cdn-cgi/l/email-protection#e1a9b0b0b4aeb5a0a1828391cf858992cf868e97"><span class="__cf_email__" data-cfemail="fdb5acaca8b2a9bcbd9e9f8dd399958ed39a928b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
There is an existing tariff-rate quota on certain beef from New
Zealand pursuant to Additional U.S. Note 3 of Chapter 2 of the
Harmonized Tariff Schedule of the United States (HTSUS). The tariff-
rate quota for beef from New Zealand was established by section 6 of
the Presidential Proclamation No. 6763 (December 23, 1994), as a result
of the Uruguay Round Agreements, approved by Congress in section 101 of
the Uruguay Round Agreements Act (19 U.S.C. 3511(a), Pub. L. 103-465,
108 Stat. 4814). Tariff-rate quotas permit a specified quantity of
merchandise to be entered or withdrawn for consumption at a reduced
duty rate during a specified period. Furthermore, section 2012.3 of
title 15 of the Code of Federal Regulations (CFR) states that beef may
only be entered as a product of an eligible country for a tariff-rate
quota if the importer makes a declaration to U.S. Customs and Border
Protection (CBP) that a valid export certificate is in effect with
respect to the beef. In addition, the CBP regulations, at 19 CFR
132.15, set forth provisions relating to the requirement that an
importer must possess a valid export certificate at the time of entry,
or withdrawal from warehouse, for consumption, to claim the in-quota
tariff rate of duty on entries of beef subject to the tariff-rate
quota.
The Electronic Certification System (eCERT) is a system developed
by CBP that uses electronic data transmissions of information normally
associated with a required export document, such as a license or
certificate, to facilitate the administration of quotas and ensure that
the proper restraint levels are charged without being exceeded. New
Zealand requested to participate in the eCERT process to comply with
the United States' tariff-rate quota for beef exported from New Zealand
for importation into the United States. CBP has coordinated with New
Zealand to implement the eCERT process, and now New Zealand is ready to
participate in this process by transmitting its export certificates to
CBP via eCERT.
Foreign countries participating in eCERT transmit information via a
global network service provider, which allows connectivity to CBP's
automated electronic system for commercial trade processing, the
Automated Commercial Environment (ACE). Specific data elements are
transmitted to CBP by the importer of record (or an authorized customs
broker) when filing an entry summary with CBP, and those data elements
must match eCERT data from the foreign country before an importer may
claim any applicable in-quota tariff rate of duty. An importer may
claim an in-quota tariff rate when merchandise is entered, or withdrawn
from warehouse, for consumption, only if the information transmitted by
the importer matches the information transmitted by the foreign
government. If there is no transmission by the foreign government upon
entry, an importer must claim the higher over-quota tariff rate.\1\ An
importer may subsequently claim the in-quota tariff rate under certain
limited conditions.\2\
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\1\ If there is no associated foreign government eCERT
transmission available upon entry of the merchandise, an importer
may enter the merchandise for consumption subject to the over-quota
tariff rate or opt not to enter the merchandise for consumption at
that time (e.g., transfer the merchandise to a Customs bonded
warehouse or foreign trade zone or export or destroy the
merchandise).
\2\ If an importer enters the merchandise for consumption
subject to the over-quota tariff rate and the associated foreign
government eCERT transmission becomes available afterwards, an
importer may claim the in-quota rate of duty by filing a post
summary correction (before liquidation) or a protest under 19 CFR
part 174 (after liquidation). In either event, the in-quota rate of
duty is allowable only if there are still quota amounts available
within the original quota period.
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This document announces that New Zealand will be implementing the
eCERT process for transmitting export certificates for beef entries
subject to the tariff-rate quota. Imported merchandise that is entered,
or withdrawn from warehouse, for consumption on or after January 18,
2022, must match the eCERT transmission of an export certificate from
New Zealand in order for an importer to claim the in-quota tariff rate.
The transition to eCERT will not change the tariff-rate quota filing
process or requirements. Importers will continue to provide the export
certificate numbers from New Zealand in the same manner as when
currently filing entry summaries with CBP. The format of the export
certificate numbers will not change as a result of the transition to
eCERT. CBP will reject entry summaries that claim an in-quota tariff
rate when filed without a valid export certificate in eCERT.
Dated: January 7, 2022.
AnnMarie R. Highsmith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2022-00464 Filed 1-11-22; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on January 12, 2022.
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