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13481 Rules and Regulations Federal Register Vol. 63, No. 54 Friday, March 20, 1998 This section of the FEDERAL REGISTER than 50 percent of a historical license is Surrenders of historical licenses for EU contains regulatory documents having general surrendered in at least three of the five cheese accounted for over 60 percent of applicability and legal effect, most of which prior quota years (i.e., 2001–2005), that 1997 historical license surrenders of are keyed to and codified in the Code of license will be issued in an amount 12,302 metric tons. In previous years, Federal Regulations, which is published under equal to the average amount entered in historical license surrenders were based, 50 titles pursuant to 44 U.S.C. 1510. those years. FAS has determined that a in part, on supply shortages and The Code of Federal Regulations is sold by principal underlying cause of changing currency situations. However, the 1997 the Superintendent of Documents. Prices of U.S. import market conditions is the increase in historical license surrenders new books are listed in the first FEDERAL European Union’s (the EU’s) progressive can be attributed principally to the EU’s REGISTER issue of each week. implementation of its Uruguay Round implementation of its Uruguay Round export subsidy reduction commitment commitment to reduce the quantity of which, in quota year 1997, began to cheese exported under subsidy. DEPARTMENT OF AGRICULTURE have a direct impact on trade flows of Under Uruguay Round export subsidy EU cheese to the U.S. market resulting disciplines, the EU’s export subsidy Office of the Secretary in reduced U.S. imports and increased ceiling for cheese is scheduled to 7 CFR Part 6 historical license surrenders. FAS has decrease each fiscal year (FY) from further determined that a five-year 426,500 tons in FY 1995 (July-June) to Dairy Tariff-Rate Import Quota suspension of the historical license 321,300 tons in FY 2000. The EU Licensing reduction requirement, until the administers its export subsidy reduction Uruguay Round export subsidy program by setting monthly export AGENCY: Office of the Secretary, USDA. reductions are completed in the year subsidy allocations equal to prorated ACTION: Determination on historical 2000, is warranted under § 6.25(b)(2) to amounts of the annual export subsidy license reductions. allow time for historical licensees to ceiling, and issuing export licenses for adjust to changing U.S. import market subsidized cheese shipments by SUMMARY: The Department of conditions. destination. In October 1997, to avoid Agriculture has determined that exceeding its export subsidy limit, the provisions of the Dairy Tariff-Rate Backgound EU adjusted subsidies for various Import Quota Licensing Regulation with The Dairy Tariff-Rate Import Quota cheeses and lowered subsidies by 20 respect to the issuance of reduced Licensing Regulation at 7 CFR 6.25(b)(2) percent for cheese exports destined for historical import licenses based on provides that prior to 1999, the the United States. EU subsidy cuts license surrenders of more than 50 Secretary of Agriculture may determine during the 1997 quota year were percent will be suspended, in light of that the requirements in §§ 6.25(b)(1)(i) sufficient to raise EU prices of various market conditions, and shall not apply and 6.25(b)(1)(ii) to reduce permanently cheeses to levels that impeded EU for a period of five years. the quantity of historical license based cheese sales to U.S. historical licenses. DATES: Effective March 20, 1998, 7 CFR on license surrenders of more than 50 In particular, prices of EU industrial- 6.25(b)(1)(i) and (b)(1)(ii) are suspended. percent in three consecutive quota years grade cheeses rose above U.S. prices for FOR FURTHER INFORMATION CONTACT: or three out of five quota years, ‘‘shall comparable cheese (i.e., domestic barrel Diana Wanamaker, Group Leader, not apply in light of market conditions.’’ Cheddar cheese), thereby removing the Import Policies and Programs Division, The Department requested public economic incentive to import. In Foreign Agricultural Service, 1400 comments in a notice of proposed addition to EU export subsidy Independence Avenue, SW., Stop 1029, rulemaking published on October 15, reductions, the 1998 merger of the Washington, DC 20250–1029 or 1997 (62 FR 53580–81 and 62 FR license allocations for Austria, Finland, telephone (202) 720–2916. 55184), on possible options for the and Sweden into an EU–15 allocation SUPPLEMENTARY INFORMATION: implementation of the historical license added approximately 21,000 metric tons Determination: The Foreign reduction requirement, including of EU historical licenses for cheese. Agricultural Service (FAS), under a possible recision, suspension, or delay In view of rapid and significant delegation of authority from the of this requirement, and requested changes in U.S. import market Secretary of Agriculture, 7 CFR 2.43, has comments on current dairy import conditions for EU cheeses beginning in determined pursuant to 7 CFR market conditions that should be 1997, FAS has determined that 6.25(b)(2), to suspend the historical considered with respect to temporary suspension of the historical license reduction provisions of 7 CFR implementation of § 6.25(b)(2). Public license reduction requirement is 6.25(b)(1)(i) and 6.25(b)(1)(ii) for a five- comments were submitted by 37 entities justified through the year 2000. The year period, in light of U.S. import during the comment period from overriding purpose of the five-year market conditions for cheese. At the end October 15, 1997, to November 28, 1997. suspension is to provide adequate time of the five-year suspension, beginning in Historical License Surrenders and for historical licensees of EU cheeses to quota year 2004, if more than 50 percent Market Conditions: In 1997, surrenders adjust to changing market conditions, to of a historical license is surrendered in of historical licenses for cheese, in find alternative suppliers of cheese in each of the three prior quota years (i.e., which the quantity surrendered the EU, and to develop new markets to 2001–2003), that license will be issued exceeded 50 percent of a license enable importers to fully utilize their in an amount equal to the average amount, reached 12,302 metric tons; historical licenses for EU cheese. The amount entered in those years. compared to 1,980 metric tons in 1996, suspension is consistent with the intent Beginning in quota year 2006, if more and 5,163 metric tons in 1995. of the U.S.-EU Uruguay Round bilateral 13482 Federal Register / Vol. 63, No. 54 / Friday, March 20, 1998 / Rules and Regulations agreement on maximizing utilization of DEPARTMENT OF AGRICULTURE exportation in bond, in accordance with U.S. licenses for EU cheese. 7 CFR part 352; or (3) into Guam, in Animal and Plant Health Inspection accordance with § 319.37–4(b). Summary of Public Comments: Service ‘‘Subpart—Nursery Stock, Plants, Comments, views, and Roots, Bulbs, Seeds, and Other Plant recommendations were submitted by 32 7 CFR Part 319 Products’’ (referred to below as importers holding historical licenses; ‘‘Subpart—Nursery Stock’’), contained [Docket No. 96–082–2] three members of Congress; and two in 7 CFR 319.37 through 319.37–14, trade associations. Submissions by most Bamboo regulates the importation into the historical licensees stressed that United States of most other propagative substantial business investments rely on AGENCY: Animal and Plant Health plant material. Regulated articles are historical import licenses, and Inspection Service, USDA. designated as either prohibited or permanent reductions can cause ACTION: Final rule. restricted. significant harm to employees, SUMMARY: We are consolidating the On September 11, 1997, we published distributors, customers, and the survival regulations pertaining to the in the Federal Register (62 FR 47770– of many businesses. Most historical importation of bamboo, contained in 47772, Docket No. 96–082–1) a proposal licensees supported immediate ‘‘Subpart—Bamboo Capable of to consolidate ‘‘Subpart—Bamboo elimination of the historical license Propagation,’’ and the regulations Capable of Propagation’’ and ‘‘Subpart— reduction requirement. Certain other pertaining to propagative material in Nursery Stock’’ by adding bamboo seed, historical licensees supported either: (1) bamboo plants, and bamboo cuttings general, contained in ‘‘Subpart— the permanent reduction and capable of propagation, except those Nursery Stock, Plants, Roots, Bulbs, reallocation of historical licenses in imported into Guam, to the list of Seeds, and Other Plant Products.’’ This prohibited articles in § 319.37(a). In order to provide new entrants and change will simplify and clarify our conjunction with this action, we growing businesses a greater regulations. We are also amending the proposed to remove ‘‘Subpart—Bamboo opportunity to import cheese; or (2) regulations in ‘‘Subpart—Fruits and Capable of Propagation’’ and all postponement of the historical license Vegetables’’ to add provisions allowing references to § 319.34 contained in part reduction requirement to provide time fresh bamboo shoots without leaves or 319. for adjustment to and analysis of roots to be imported into the United Under this proposal, bamboo seeds, changing market conditions. Comments States from various countries for bamboo plants, and bamboo cuttings submitted by the members of Congress consumption. This action is based on capable of propagation would have and trade associations favored assessments that indicate that bamboo continued to be eligible for importation elimination of the historical license shoots without leaves or roots may be into Guam as restricted articles. (The reduction requirement based on market imported into the United States from term restricted article is defined in conditions. certain countries without a significant § 319.37–1 of ‘‘Subpart—Nursery Stock’’ risk of introducing plant pests. as any class of nursery stock or other With respect to market conditions, the EFFECTIVE DATE: April 20, 1998. class of plant, root, bulb, seed, or other members of Congress stated that, under FOR FURTHER INFORMATION CONTACT: Mr. plant product for, or capable of, current circumstances, surrenders of James Petit de Mange, Staff Officer, propagation, excluding any prohibited historical licenses result from market Phytosanitary Issues Management Team, articles listed in § 319.37–2 (a) or (b) of conditions beyond an importer’s PPQ, APHIS, 4700 River Road Unit 140, ‘‘Subpart—Nursery Stock,’’ and control. Historical licensees and the Riverdale, MD 20737–1231, telephone excluding any articles regulated under trade associations identified the (301) 734–6799; or e-mail other subparts of part 319.) following market conditions as causes of firstname.lastname@example.org. The importation of bamboo seeds, historical license surrenders: (1) lack of SUPPLEMENTARY INFORMATION: bamboo plants, and bamboo cuttings for exportable supply; (2) non-competitive experimental or scientific purposes by foreign prices (resulting in some cases Background the United States Department of from foreign export administration The regulations at 7 CFR part 319 Agriculture also would not have been decisions, and currency fluctuations); prohibit or restrict the importation of affected by this change. In ‘‘Subpart— (3) low-quality or high-priced foreign plants, plant parts, and related materials Nursery Stock,’’ § 319.37–2(c) provides products; and (4) foreign export to prevent the introduction of foreign that any article listed as a prohibited monopolies which can affect license plant pests into the United States. article in § 319.37(a) may be imported utilization through supply and price The importation into the United for experimental or scientific purposes controls. States of any variety of bamboo seed, by the Department of Agriculture. bamboo plants, and bamboo cuttings In addition, bamboo seeds, bamboo Signed at Washington, D.C. on March 13, capable of propagation, including all plants, and bamboo cuttings capable of 1998. genera and species of the tribe propagation would have continued to be Timothy J. Galvin, Bambuseae, has been regulated under eligible for movement through the Acting Administrator, Foreign Agricultural ‘‘Subpart— Bamboo Capable of United States for export, or for Service. Propagation,’’ contained in 7 CFR transportation and exportation in bond, [FR Doc. 98–7171 Filed 3–19–98; 8:45 am] 319.34. Section 319.34(a) provides that in accordance with 7 CFR part 352. The BILLING CODE 3410–10–M all varieties of bamboo seeds, bamboo regulations at 7 CFR part 352, ‘‘Plant plants, and bamboo cuttings capable of Quarantine Safeguard Regulations,’’ propagation are prohibited importation allow plants and plant parts that are not into the United States unless they are eligible for entry into the United States imported: (1) For experimental or to move through the United States for scientific purposes by the United States export to other countries under Department of Agriculture; (2) for safeguards intended to prevent the export, or for transportation and introduction of plant pests.
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