Argentina Beef Imports Approved for the Electronic Certification System (eCERT)
| Published date | 13 January 2022 |
| Citation | 87 FR 2172 |
| Record Number | 2022-00462 |
| Section | Notices |
| Court | Homeland Security Department,U.s. Customs And Border Protection |
Federal Register, Volume 87 Issue 9 (Thursday, January 13, 2022)
[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Notices]
[Pages 2172-2173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00462]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Argentina Beef Imports Approved for the Electronic Certification
System (eCERT)
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 the Argentine Republic
(Argentina) subject to a tariff-rate quota will be accomplished through
the Electronic Certification System (eCERT). All imports of beef from
Argentina 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 Argentina to
transition, from the way the USG currently receives export certificates
from Argentina, 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 Argentina 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 Argentinian 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entered, or withdrawn from a warehouse, for consumption on or after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.
FOR FURTHER INFORMATION CONTACT: Julia Peterson, Chief, Quota and
Agriculture Branch, Trade Policy and Programs, Office of Trade, (202)
384-8905, or [email protected].
SUPPLEMENTARY INFORMATION:
Background
There is an existing tariff-rate quota on certain beef from the
Argentine Republic (Argentina) 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 Argentina 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
[[Page 2173]]
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.
Argentina currently submits export certificates to CBP via email, and
in the administration of the quota, CBP validates these certificates
with the certificate numbers provided by importers on their entry
summaries. Argentina requested to participate in the eCERT process to
comply with the United States' tariff-rate quota for beef exported from
Argentina for importation into the United States. CBP has coordinated
with Argentina to implement the eCERT process, and now Argentina 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 Argentina 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
Argentina 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 Argentina 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. 2022-00462 Filed 1-12-22; 8:45 am]
BILLING CODE 9111-14-P
