Implementation of Import Restrictions; Certification of Admissibility for Certain Fish Products From Mexico, 43792-43796 [2018-18628]
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Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations
and 403 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 152(a),
154(i), 257, 303, 307–310, and 403, this
Report and Order is adopted.
115. It is further ordered that this
Report and Order shall be effective
thirty (30) days after publication of the
text or a summary thereof in the Federal
Register, except for those requirements
involving Paperwork Reduction Act
burdens, which shall become effective
on the date announced in the Federal
Register document announcing OMB
approval.
116. It is further ordered that the
Media Bureau is hereby directed to
make all necessary changes to Form 301,
Form 314, Form 315, and the
Commission’s electronic database
system to implement the changes
adopted in this Report and Order.
117. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Report and Order, including the
Final Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration.
118. It is further ordered that,
pursuant to section 801(a)(1)(A) of the
Congressional Review Act, 5 U.S.C.
801(a)(1)(A), the Commission shall send
a copy of the Report and Order to
Congress and to the Government
Accountability Office.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2018–18289 Filed 8–27–18; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
RIN 0648–XG408
Implementation of Import Restrictions;
Certification of Admissibility for
Certain Fish Products From Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification.
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AGENCY:
The Secretary of Commerce,
in cooperation with the Secretaries of
Treasury and Homeland Security, is,
under the authority of the Marine
Mammal Protection Act (MMPA), giving
notice of import restrictions on fish and
fish products from Mexico caught with
SUMMARY:
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15:59 Aug 27, 2018
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gillnets deployed in the range of the
vaquita, an endangered porpoise.
Importation into the United States from
Mexico of fish and fish products
harvested by gillnets in the upper Gulf
of California (UGC) within the vaquita’s
geographic range is now prohibited.
These import restrictions are being
implemented as required by a court
order. These trade restrictions remain in
effect until further court action amends
the preliminary injunction. Harmonized
Tariff Schedule (HTS) codes associated
with the prohibited fish and fish
products are identified below. NMFS is
also requiring that all other fish and fish
products not within the scope of the
import restrictions but imported under
the same published HTS codes be
accompanied by a Certification of
Admissibility.
DATES: Compliance with the import
restrictions and Certification of
Admissibility described in this
document is required beginning August
24, 2018, and will remain in effect until
further notice is published in the
Federal Register indicating otherwise.
FOR FURTHER INFORMATION CONTACT:
Nina Young, NMFS F/IASI at email:
Nina.Young@noaa.gov or phone: 301–
427–8383.
SUPPLEMENTARY INFORMATION: In August
2016, NMFS published a final rule (81
FR 54390 (August 15, 2016); 50 CFR
216.24) implementing the fish and fish
product import provisions (section
101(a)(2)) of the Marine Mammal
Protection Act (MMPA). This final rule
established conditions for evaluating a
harvesting nation’s regulatory programs
to address incidental and intentional
mortality and serious injury of marine
mammals in its fisheries producing fish
and fish products exported to the
United States.
Under the final rule, fish or fish
products cannot be imported into the
United States from commercial fishing
operations that result in the incidental
mortality or serious injury of marine
mammals in excess of U.S. standards
(16 U.S.C. 1371(a)(2)). NMFS published
a List of Foreign Fisheries (LOFF) on
March 16, 2018 (83 FR 11703) to classify
fisheries subject to the import
requirements. Effective January 1, 2022,
fish and fish products from fisheries
identified by the Assistant
Administrator for Fisheries in the LOFF
can only be imported into the United
States if the harvesting nation has
applied for and received a comparability
finding from NMFS. The rule
established the procedures that a
harvesting nation must follow and the
conditions it must meet to receive a
comparability finding for a fishery on
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the LOFF. The final rule established a
five-year exemption period, ending
January 1, 2022, under 50 CFR
216.24(h)(2)(ii) before imports would be
subject to any trade restrictions.
Vaquita are a species of porpoise
endemic to northern Gulf of California
waters in Mexico and are listed as an
endangered species under the U.S.
Endangered Species Act. In November
2016, the International Committee for
the Recovery of the Vaquita (CIRVA)—
a group of international scientists
supported by Mexico and led by
Mexican scientists—reported that less
than 30 individuals are likely to remain.
Gillnets deployed in an illegal fishery
for totoaba (an endangered fish sought
for its swim bladder due to black market
demand within China) are the primary
source of vaquita mortality. NMFS has
identified products coming from
fisheries interacting with vaquita as a
potential focus for import restrictions
under the MMPA.
On May 18, 2017, the Natural
Resources Defense Council (NRDC),
Center for Biological Diversity (CBD),
and the Animal Welfare Institute (AWI)
petitioned the Secretaries of Homeland
Security, the Treasury, and Commerce
to ‘‘ban the importation of commercial
fish or products from fish’’ sourced
using fishing activities that ‘‘result in
the incidental mortality or incidental
serious injury’’ of vaquita ‘‘in excess of
United States standards.’’ The
petitioners requested that the
Secretaries immediately ban imports of
all fish and fish products from Mexico
that do not satisfy the MMPA import
provision requirements, claiming that
emergency action banning such imports
is necessary to avoid immediate,
ongoing, and ‘‘unacceptable risks’’ to
vaquita. NMFS published a notification
of the petition’s receipt on August 22,
2017 (82 FR 39732), and opened a 60day comment period. No final decision
has been taken on the petition.
On March 21, 2018, the petitioners
filed suit before the Court of
International Trade seeking an
injunction requiring the U.S.
Government to ban the import of fish or
fish products from any Mexican
commercial fishery that uses gillnets
within the vaquita’s range. On April 16,
2018, petitioners filed a motion for a
preliminary injunction with oral
arguments held July 10, 2018. The Court
of International Trade granted the
motion for preliminary injunction and
denied the U.S. Government’s motion to
dismiss the lawsuit. The court has
required the U.S. Government to ban the
importation of all fish and fish products
from Mexican commercial fisheries that
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Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations
use gillnets within the vaquita’s range,
pending final adjudication of the merits.
The Government of Mexico’s existing
Regulatory Agreement, published on
June 30, 2017 (https://dof.gob.rax/nota_
detalle.php?codigo=5488673&fecha=30/
06/2017), provides that ‘‘gillnets,
including driftnets, operated passively
or in a dormant state by small vessels
for fishing activities in the marine
restricted area, are banned
permanently.’’ This ban encompasses
shrimp, sharks, and finfish (including
chano). Fisheries for curvina and sierra,
using actively deployed gear are exempt
from this ban. Currently, only the gulf
curvina fishery is authorized under
fishing permits for small fishing vessels
of the cooperative groups and permit
holders of the Gulf of Santa Clara,
Sonora. The fishing organizations of the
Cucapah (an indigenous community)
may also use gillnets actively deployed
to capture curvina in a delimited zone,
away from the Vaquita Refuge Area as
authorized under the Manifestation of
Environmental Impact (MIA) and the
corresponding exemption granted by the
Secretariat of Environment and Natural
Resources (SEMARNAT). No gear is
currently authorized for curvina
fishermen operating from San Felipe or
for sierra fisheries operating in the UGC.
Under Mexican law, only trawl gear is
authorized for use in the shrimp fishery.
Pursuant to court orders issued July
26, 2018 and August 14, 2018, the Court
of International Trade (Slip-Op 18–92)
required the U.S. Government to
immediately ban the importation from
Mexico of all shrimp, curvina, sierra,
and chano fish and their products,
imported under the HTS codes in Table
1, caught with gillnets inside the
vaquita’s range under section 101(a)(2)
of the MMPA (16 U.S.C. 1371(a)(2). On
August 14, 2018, in response to these
orders, U.S. Customs and Border
Protection (CBP), in cooperation with
the NMFS, imposed immediate import
restrictions on fish and fish products
from Mexico caught with gillnets
deployed in the range of the vaquita.
CBP’s action prohibits the importation
into the United States from Mexico of
all shrimp, curvina, sierra, and chano
fish and fish products harvested by
gillnets in the upper Gulf of California
(UGC) within the vaquita’s geographic
range (Cargo Systems Messaging Service
(CSMS) (#18–000482). The courtordered preliminary injunction is
effective immediately regardless of the
five-year exemption under 50 CFR
216.24(h)(2)(ii).
Curvina, sierra, and chano are not
imported into the United States under
HTS codes that are specific to the type
of fish. Instead these fish are imported
under non-specific fish and marine fish
codes. Consequently, the list in Table 1
43793
includes those non-specific HTS codes
necessary to encompass the range of
probable codes used for products
subject to the trade restriction. In
addition, to effectuate the Court’s ruling
while allowing imports of seafood
outside the scope of the court order, and
to minimize disruptions to trade, fish
and fish products of the same or similar
fish or fish products imported to the
United States under the HTS codes
listed in Table 1 from Mexico that are
not subject to these import prohibition
must be accompanied by a Certification
of Admissibility. The Certification of
Admissibility and accompanying
instructions are available at https://
www.fisheries.noaa.gov/topic/
international-affairs.
As of the compliance date, imports of
the fish and fish products from Mexico
and filed under the HTS codes listed in
Table 1 are required to be accompanied
by a Certification of Admissibility in
order to obtain release of the inbound
shipment. See DATES section for the
compliance date of the requirement for
Certification of Admissibility. The
Certification of Admissibility is an
information collection subject to the
requirements of the Paperwork
Reduction Act and has been approved
by the Office of Management and
Budget under control number 0648–
0651.
TABLE 1—HTS CODES REQUIRING A CERTIFICATION OF ADMISSIBILITY
Harmonized
tariff
schedule
2018 codes
0302.44.0000 ...........
0302.45.1100 ...........
0302.45.5000 ...........
0302.49.0000 ...........
0302.59.1100 ...........
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0302.59.5090 ...........
0302.89.1140 ...........
0303.54.0000 ...........
0303.55.0000 ...........
VerDate Sep<11>2014
Product description
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus) Fresh chilled whole Atlantic and Blue/Japanese Mackerel.
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Jack and horse mackerel (Trachurus
spp): Scaled (whether or not heads, viscera and/or fins have been removed, but not otherwise processed), in immediate containers weighing with their contents 6.8 kg or less.
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Jack and horse mackerel (Trachurus
spp): Other.
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Herrings (Clupea harengus, Clupea
pallasii), anchovies (Engraulis spp.), sardines (Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling
or sprats (Sprattus sprattus), mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus), Indian mackerels (Rastrelliger spp.), seerfishes (Scomberomorus spp.), jack and horse mackerel (Trachurus spp.), jacks, crevalles
(Caranx spp.), cobia (Rachycentron canadum), silver pomfrets (Pampus spp.), Pacific saury (Cololabis saira), scads
(Decapterus spp.), capelin (Mallotus villosus), swordfish (Xiphias gladius), Kawakawa (Euthynnus affinis), bonitos
(Sarda spp.), marlins, sailfishes, spearfish (Istiophoridae), excluding edible fish offal of subheadings 0302.91 to
0302.99: Other Fish.
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Fish of the families Bregmacerotidae,
Euclichthyidae Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae, excluding edible fish
offal of subheadings 0302.91 to 0302.99: Other Fish: Scaled (whether or not heads, viscera and/or fins have been removed, but not otherwise processed), in immediate containers weighing with their contents 6.8 kg or less.
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Fish of the families Bregmacerotidae,
Euclichthyidae Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae, excluding edible fish
offal of subheadings 0302.91 to 0302.99: Other Fish: Other: Other fish.
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304: Other fish, excluding edible fish offal of
subheadings 0302.91 to 0302.99: Other: Scaled (whether or not heads, viscera and/or fins have been processed), in
immediate containers weighing with their contents 6.8 kg or less: Other Fish.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus).
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Jack and horse mackerel (Trachurus spp.).
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Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations
TABLE 1—HTS CODES REQUIRING A CERTIFICATION OF ADMISSIBILITY—Continued
Harmonized
tariff
schedule
2018 codes
0303.59.0000 ...........
0304.49.0190 ...........
0304.59.0091 ...........
0304.89.1090 ...........
0304.89.5090 ...........
0304.99.1104 ...........
0304.99.1109 ...........
0304.99.1194 ...........
0304.99.9190 ...........
0305.10.2000 ...........
0305.10.4000 ...........
0305.39.4000 ...........
0305.39.6180 ...........
0305.49.2000 ...........
0305.49.4045 ...........
0305.54.0000 ...........
0305.59.0001 ...........
0305.69.2000 ...........
0305.69.3000 ...........
0305.69.5001 ...........
0305.69.6001 ...........
0305.79.0000 ...........
0306.17.0003 ...........
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0306.17.0006 ...........
0306.17.0009 ...........
0306.17.0012 ...........
0306.17.0015 ...........
0306.17.0018 ...........
VerDate Sep<11>2014
Product description
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other Fish.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Fish fillets and other fish meat (whether or not
minced), fresh, chilled or frozen: Fresh or chilled fillets of other fish: Other: Other Fish.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Fish fillets and other fish meat (whether or not
minced), fresh, chilled or frozen: Fresh or chilled fillets of other fish: Other Fish Chilled: Other.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Frozen fillets of other fish: Other: Skinned, whether or not divided into pieces, and frozen into blocks each weighing over 4.5 kg, imported to be minced, ground or cut
into pieces of uniform weights and dimensions: Other Fish.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Frozen fillets of other fish: Other: Other Fish.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other, frozen: Other: In bulk or in immediate containers weighing with their contents over 6.8 kg each: Minced: Surimi.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other, frozen: Other: In bulk or in immediate containers weighing with their contents over 6.8 kg each: Minced: Other.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other, frozen: Other: In bulk or in immediate containers weighing with their contents over 6.8 kg each: Other: Other Fish.
Fish, frozen, excluding fish fillets and other fish meat of heading 0304: Other, frozen: Other: Other: Ocean Fish.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals
and pellets of fish, fit for human consumption: Flours, meals and pellets of fish, fit for human consumption: In bulk or in
immediate containers weighing with their contents over 6.8 kg each.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals
and pellets of fish, fit for human consumption: Flours, meals and pellets of fish, fit for human consumption: Other.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals
and pellets of fish, fit for human consumption: Fish fillets, dried, salted or in brine, but not smoked: Mackerel, in immediate containers weighing with their contents 6.8 kg or less each.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals
and pellets of fish, fit for human consumption: Fish fillets, dried, salted or in brine, but not smoked: Other: Other Fish.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals
and pellets of fish, fit for human consumption: Smoked fish, including fillets, other than edible fish offal: Other: Mackerel.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals
and pellets of fish, fit for human consumption: Smoked fish, including fillets, other than edible fish offal: Other: Other
Fish.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals
and pellets of fish, fit for human consumption: Dried fish, other than edible fish offal, whether or not salted but not
smoked: Herrings (Clupea harengus, Clupea pallasii), anchovies (Engraulis spp.), sardines (Sardina pilchardus,
Sardinops spp.), sardinella (Sardinella spp.), brisling or sprats (Sprattus sprattus), mackerel (Scomber scombrus,
Scomber australasicus, Scomber japonicus), Indian mackerels (Rastrelliger spp.), seerfishes (Scomberomorus spp.),
jack and horse mackerel (Trachurus spp.), jacks, crevalles (Caranx spp.), cobia (Rachycentron canadum), silver
pomfrets (Pampus spp.), Pacific saury (Cololabis saira), scads (Decapterus spp.), capelin (Mallotus villosus), swordfish
(Xiphias gladius), Kawakawa (Euthynnus affinis), bonitos (Sarda spp.), marlins, sailfishes, spearfish (Istiophoridae).
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals
and pellets of fish, fit for human consumption: Dried fish, other than edible fish offal, whether or not salted but not
smoked: Other Fish.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals
and pellets of fish, fit for human consumption: Fish, salted but not dried or smoked and fish in brine, other than edible
fish offal: Mackerel: In immediate containers weighing with their contents 6.8 kg or less each.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals
and pellets of fish, fit for human consumption: Fish, salted but not dried or smoked and fish in brine, other than edible
fish offal: Mackerel: Other.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals
and pellets of fish, fit for human consumption: Fish, salted but not dried or smoked and fish in brine, other than edible
fish offal: Other Fish: In immediate containers weighing with their contents 6.8 kg or less each.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals
and pellets of fish, fit for human consumption: Fish, salted but not dried or smoked and fish in brine, other than edible
fish offal: Other Fish: Other.
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals
and pellets of fish, fit for human consumption: Fish fins, heads, tails, maws and other edible fish offal: Other Fish.
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless
weight) less than 33 per kg (15s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless
weight) 33–45 per kg (15–20s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless
weight) 46–55 per kg (21–25s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless
weight) 56–66 per kg (26–30s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless
weight) 67–88 per kg (31–40s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless
weight) 89–110 per kg (41–50s).
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43795
TABLE 1—HTS CODES REQUIRING A CERTIFICATION OF ADMISSIBILITY—Continued
Harmonized
tariff
schedule
2018 codes
0306.17.0021 ...........
0306.17.0024 ...........
0306.17.0027 ...........
0306.17.0040
0306.36.0020
0306.36.0040
0306.95.0020
0306.95.0040
0511.99.3060
1604.15.0000
...........
...........
...........
...........
...........
...........
...........
1604.19.4100 ...........
1604.19.5100 ...........
1604.19.6100 ...........
1604.19.8200 ...........
1604.20.0510 ...........
1604.20.0590 ...........
1604.20.1000 ...........
1604.20.1500 ...........
1604.20.2000 ...........
1604.20.2500 ...........
1604.20.3000 ...........
1604.20.4000 ...........
1604.20.5000 ...........
1604.20.5010 ...........
1604.20.5090 ...........
1604.20.6010 ...........
1604.20.6090 ...........
1605.21.0500 ...........
1605.21.1020 ...........
1605.21.1030 ...........
1605.21.1050 ...........
1605.29.0500 ...........
1605.29.1010 ...........
daltland on DSKBBV9HB2PROD with RULES
1605.29.1040 ...........
2309.10.0010 ...........
2309.10.0090 ...........
2309.90.1015 ...........
2309.90.1050 ...........
VerDate Sep<11>2014
Product description
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless
weight) 111–132 per kg (51–60s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless
weight) 133–154 per kg (61–70s).
Other shrimps and prawns: Shell-on, imported in accordance with Statistical Note 1 to this chapter: Count size (headless
weight) more than 154 per kg (70s).
Other shrimps and prawns: Peeled, imported in accordance with Statistical Note 1 to this chapter.
Other shrimps and prawns: Shell-on.
Other shrimps and prawns: Peeled.
Other: Shrimps and prawns: Shell-on.
Other: Shrimps and prawns: Peeled.
Products chiefly used as food for animals or as ingredients in such food: Other.
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces, but not
minced: Mackerel.
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces, but not
minced: Other (including yellowtail): Other: Fish sticks and similar products of any size or shape, fillets or other portions of fish, if breaded, coated with batter or similarly prepared: Neither cooked nor in oil.
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces, but not
minced: Other (including yellowtail): Other: Fish sticks and similar products of any size or shape, fillets or other portions of fish, if breaded, coated with batter or similarly prepared: Other.
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces, but not
minced: Other (including yellowtail): Other: In oil and in bulk or in immediate containers weighing with their contents
over 7 kg each.
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Fish, whole or in pieces, but not
minced: Other (including yellowtail): Other: Other.
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Other prepared or preserved fish:
Products containing meat of crustaceans, molluscs or other aquatic invertebrates; prepared meals: Prepared meals.
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: Other prepared or preserved fish:
Products containing meat of crustaceans, molluscs or other aquatic invertebrates; prepared meals: Other.
Prepared or preserved fish; Other prepared or preserved fish: Other: Pastes.
Prepared or preserved fish; Other prepared or preserved fish: Other: Balls, cakes and puddings: In oil.
Prepared or preserved fish; Other prepared or preserved fish: Other: Balls, cakes and puddings: Not in oil: In immediate
containers weighing with their contents not over 6.8 kg each: In airtight containers.
Prepared or preserved fish; Other prepared or preserved fish: Other: Balls, cakes and puddings: Not in oil: In immediate
containers weighing with their contents not over 6.8 kg each: Other.
Prepared or preserved fish; Other prepared or preserved fish: Other: Balls, cakes and puddings: Not in oil: Other.
Prepared or preserved fish; Other prepared or preserved fish: Fish sticks and similar products of any size or shape, if
breaded, coated with batter or similarly prepared: Neither cooked nor in oil.
Prepared or preserved fish; Other prepared or preserved fish: Fish sticks and similar products of any size or shape, if
breaded, coated with batter or similarly prepared: Other.
Prepared or preserved fish; Other prepared or preserved fish: Fish sticks and similar products of any size or shape, if
breaded, coated with batter or similarly prepared: Other: Pre-cooked and frozen.
Prepared or preserved fish; Other prepared or preserved fish: Fish sticks and similar products of any size or shape, if
breaded, coated with batter or similarly prepared: Other: Other.
Prepared or preserved fish; Other prepared or preserved fish: Pre-cooked and frozen.
Prepared or preserved fish; Other prepared or preserved fish: Other.
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Not in airtight containers: Products containing fish meat; prepared meals.
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Not in airtight containers: Other: Frozen, imported in accordance with Statistical Note 1 to this chapter: Breaded.
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Not in airtight containers: Other: Frozen, imported in accordance with Statistical Note 1 to this chapter: Other.
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Not in airtight containers: Other: Other, imported in accordance with Statistical Note 1 to this chapter.
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Other: Products
containing fish meat; prepared meals.
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Other: Frozen, imported in accordance with Statistical Note 1 to this chapter.
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: Shrimps and prawns: Other: Other: Other,
imported in accordance with Statistical Note 1 to this chapter.
Preparations of a kind used in animal feeding: Dog or cat food, put up for retail sale: In airtight containers.
Preparations of a kind used in animal feeding: Dog or cat food, put up for retail sale: Other.
Preparations of a kind used in animal feeding: Other: Mixed feeds or mixed feed ingredients: Other pet food, put up for
retail sale.
Preparations of a kind used in animal feeding: Other: Mixed feeds or mixed feed ingredients: Other.
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Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations
The HTS codes applicable to the
products subject to the requirements of
the preliminary injunction may be
revised from time to time due to updates
to the HTS by the International Trade
Commission. Any such changes will be
notified to the trade community in
accordance with CBP’s notification
procedures. In addition, NMFS and CBP
will actively monitor the border
operations of the trade restriction and
the certification requirement in the
initial weeks of implementation to
determine if the list of affected HTS
codes can be adjusted to further
minimize disruption to trade while
maintaining compliance with the court
order.
Importers are advised to determine if
other NMFS program requirements (e.g.,
Tuna Tracking and Verification
Program, Seafood Import Monitoring
Program) or other agency requirements
(e.g., Fish and Wildlife Service, State
Department, Food and Drug
Administration) have Automated
Commercial Environment (ACE) data
reporting requirements applicable to the
HTS codes identified in Table 1 as
subject to certification under the MMPA
import provisions. In such cases, the
other reporting requirements still
pertain in addition to the Certification
of Admissibility requirements imposed
to effectuate the court order.
Until such time as the Court of
International Trade (or other court of
competent appellate jurisdiction) lifts
the preliminary injunction, trade
restrictions on these products harvested
by gillnets in the UGC of Mexico within
the vaquita’s range will continue and
Certification of Admissibility will be
required for the HTS codes listed in this
notice.
Authority: 16 U.S.C. 1361 et seq.
Dated: August 23, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018–18628 Filed 8–24–18; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120403249–2492–02]
RIN 0648–XG440
Snapper-Grouper Fishery of the South
Atlantic; 2018 Recreational
Accountability Measure and Closure
for South Atlantic Golden Tilefish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for the
golden tilefish recreational sector in the
exclusive economic zone (EEZ) of the
South Atlantic for the 2018 fishing year
through this temporary rule. NMFS
estimates recreational landings of
golden tilefish in 2018 has reached the
recreational annual catch limit (ACL).
Therefore, NMFS closes the golden
tilefish recreational sector in the South
Atlantic EEZ on August 28, 2018. This
closure is necessary to protect the
golden tilefish resource.
DATES: This rule is effective 12:01 a.m.,
local time, August 28, 2018, until 12:01
a.m., local time, January 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Frank Helies, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
frank.helies@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes golden tilefish and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
On January 2, 2018, as a result of
golden tilefish being determined to be
undergoing overfishing, NMFS
published a final temporary rule in the
Federal Register (83 FR 65) to reduce
the combined ACL for golden tilefish in
the South Atlantic to reduce overfishing
of the stock. The final temporary rule
was subsequently extended through
January 3, 2019 (83 FR 28387; June 19,
2018). The recreational ACL in place
during the effectiveness of the interim
measures is 2,187 fish, during this
SUMMARY:
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current 2018 fishing year. As described
in the final temporary rule, the 2,187
fish is equivalent to 9,960 lb (4,395 kg),
gutted weight. In accordance with
regulations at 50 CFR 622.193(a)(2)(i) for
the recreational sector, if recreational
landings of golden tilefish reach the
recreational ACL, the Assistant
Administrator for NOAA Fisheries (AA)
will file a notification with the Office of
the Federal Register to close the
recreational sector for the remainder of
the fishing year. Landings data from the
NMFS Southeast Fisheries Science
Center indicate that the golden tilefish
recreational ACL of 2,187 fish has been
reached. Therefore, this temporary rule
implements an AM to close the golden
tilefish recreational sector of the
snapper-grouper fishery for the
remainder of the 2018 fishing year. As
a result, the recreational sector for
golden tilefish in the South Atlantic
EEZ will be closed effective 12:01 a.m.,
local time August 28, 2018.
As the commercial sector, including
both longline and hook-and-line
components, are also closed, during the
recreational closure, the bag and
possession limits for golden tilefish in
or from the South Atlantic EEZ are zero,
and all harvest and possession of golden
tilefish is prohibited. The recreational
sector for golden tilefish will reopen on
January 1, 2019, the beginning of the
2019 fishing year and the recreational
fishing season.
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of South
Atlantic golden tilefish and is consistent
with the Magnuson-Stevens Act and
other applicable laws.
This action is taken under 50 CFR
622.193(a)(2)(i) and is exempt from
review under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The AA
finds that the need to immediately
implement this action to close the
recreational sector for golden tilefish
constitutes good cause to waive the
requirements to provide prior notice
and opportunity for public comment on
this temporary rule pursuant to 5 U.S.C.
553(b)(B), because such procedures are
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the regulations at
50 CFR 622.193(a)(2)(i) have already
been subject to notice and comment,
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[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Rules and Regulations]
[Pages 43792-43796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18628]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
RIN 0648-XG408
Implementation of Import Restrictions; Certification of
Admissibility for Certain Fish Products From Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification.
-----------------------------------------------------------------------
SUMMARY: The Secretary of Commerce, in cooperation with the Secretaries
of Treasury and Homeland Security, is, under the authority of the
Marine Mammal Protection Act (MMPA), giving notice of import
restrictions on fish and fish products from Mexico caught with gillnets
deployed in the range of the vaquita, an endangered porpoise.
Importation into the United States from Mexico of fish and fish
products harvested by gillnets in the upper Gulf of California (UGC)
within the vaquita's geographic range is now prohibited. These import
restrictions are being implemented as required by a court order. These
trade restrictions remain in effect until further court action amends
the preliminary injunction. Harmonized Tariff Schedule (HTS) codes
associated with the prohibited fish and fish products are identified
below. NMFS is also requiring that all other fish and fish products not
within the scope of the import restrictions but imported under the same
published HTS codes be accompanied by a Certification of Admissibility.
DATES: Compliance with the import restrictions and Certification of
Admissibility described in this document is required beginning August
24, 2018, and will remain in effect until further notice is published
in the Federal Register indicating otherwise.
FOR FURTHER INFORMATION CONTACT: Nina Young, NMFS F/IASI at email:
[email protected] or phone: 301-427-8383.
SUPPLEMENTARY INFORMATION: In August 2016, NMFS published a final rule
(81 FR 54390 (August 15, 2016); 50 CFR 216.24) implementing the fish
and fish product import provisions (section 101(a)(2)) of the Marine
Mammal Protection Act (MMPA). This final rule established conditions
for evaluating a harvesting nation's regulatory programs to address
incidental and intentional mortality and serious injury of marine
mammals in its fisheries producing fish and fish products exported to
the United States.
Under the final rule, fish or fish products cannot be imported into
the United States from commercial fishing operations that result in the
incidental mortality or serious injury of marine mammals in excess of
U.S. standards (16 U.S.C. 1371(a)(2)). NMFS published a List of Foreign
Fisheries (LOFF) on March 16, 2018 (83 FR 11703) to classify fisheries
subject to the import requirements. Effective January 1, 2022, fish and
fish products from fisheries identified by the Assistant Administrator
for Fisheries in the LOFF can only be imported into the United States
if the harvesting nation has applied for and received a comparability
finding from NMFS. The rule established the procedures that a
harvesting nation must follow and the conditions it must meet to
receive a comparability finding for a fishery on the LOFF. The final
rule established a five-year exemption period, ending January 1, 2022,
under 50 CFR 216.24(h)(2)(ii) before imports would be subject to any
trade restrictions.
Vaquita are a species of porpoise endemic to northern Gulf of
California waters in Mexico and are listed as an endangered species
under the U.S. Endangered Species Act. In November 2016, the
International Committee for the Recovery of the Vaquita (CIRVA)--a
group of international scientists supported by Mexico and led by
Mexican scientists--reported that less than 30 individuals are likely
to remain. Gillnets deployed in an illegal fishery for totoaba (an
endangered fish sought for its swim bladder due to black market demand
within China) are the primary source of vaquita mortality. NMFS has
identified products coming from fisheries interacting with vaquita as a
potential focus for import restrictions under the MMPA.
On May 18, 2017, the Natural Resources Defense Council (NRDC),
Center for Biological Diversity (CBD), and the Animal Welfare Institute
(AWI) petitioned the Secretaries of Homeland Security, the Treasury,
and Commerce to ``ban the importation of commercial fish or products
from fish'' sourced using fishing activities that ``result in the
incidental mortality or incidental serious injury'' of vaquita ``in
excess of United States standards.'' The petitioners requested that the
Secretaries immediately ban imports of all fish and fish products from
Mexico that do not satisfy the MMPA import provision requirements,
claiming that emergency action banning such imports is necessary to
avoid immediate, ongoing, and ``unacceptable risks'' to vaquita. NMFS
published a notification of the petition's receipt on August 22, 2017
(82 FR 39732), and opened a 60-day comment period. No final decision
has been taken on the petition.
On March 21, 2018, the petitioners filed suit before the Court of
International Trade seeking an injunction requiring the U.S. Government
to ban the import of fish or fish products from any Mexican commercial
fishery that uses gillnets within the vaquita's range. On April 16,
2018, petitioners filed a motion for a preliminary injunction with oral
arguments held July 10, 2018. The Court of International Trade granted
the motion for preliminary injunction and denied the U.S. Government's
motion to dismiss the lawsuit. The court has required the U.S.
Government to ban the importation of all fish and fish products from
Mexican commercial fisheries that
[[Page 43793]]
use gillnets within the vaquita's range, pending final adjudication of
the merits.
The Government of Mexico's existing Regulatory Agreement, published
on June 30, 2017 (https://dof.gob.rax/nota_detalle.php?codigo=5488673&fecha=30/06/2017), provides that
``gillnets, including driftnets, operated passively or in a dormant
state by small vessels for fishing activities in the marine restricted
area, are banned permanently.'' This ban encompasses shrimp, sharks,
and finfish (including chano). Fisheries for curvina and sierra, using
actively deployed gear are exempt from this ban. Currently, only the
gulf curvina fishery is authorized under fishing permits for small
fishing vessels of the cooperative groups and permit holders of the
Gulf of Santa Clara, Sonora. The fishing organizations of the Cucapah
(an indigenous community) may also use gillnets actively deployed to
capture curvina in a delimited zone, away from the Vaquita Refuge Area
as authorized under the Manifestation of Environmental Impact (MIA) and
the corresponding exemption granted by the Secretariat of Environment
and Natural Resources (SEMARNAT). No gear is currently authorized for
curvina fishermen operating from San Felipe or for sierra fisheries
operating in the UGC. Under Mexican law, only trawl gear is authorized
for use in the shrimp fishery.
Pursuant to court orders issued July 26, 2018 and August 14, 2018,
the Court of International Trade (Slip-Op 18-92) required the U.S.
Government to immediately ban the importation from Mexico of all
shrimp, curvina, sierra, and chano fish and their products, imported
under the HTS codes in Table 1, caught with gillnets inside the
vaquita's range under section 101(a)(2) of the MMPA (16 U.S.C.
1371(a)(2). On August 14, 2018, in response to these orders, U.S.
Customs and Border Protection (CBP), in cooperation with the NMFS,
imposed immediate import restrictions on fish and fish products from
Mexico caught with gillnets deployed in the range of the vaquita. CBP's
action prohibits the importation into the United States from Mexico of
all shrimp, curvina, sierra, and chano fish and fish products harvested
by gillnets in the upper Gulf of California (UGC) within the vaquita's
geographic range (Cargo Systems Messaging Service (CSMS) (#18-000482).
The court-ordered preliminary injunction is effective immediately
regardless of the five-year exemption under 50 CFR 216.24(h)(2)(ii).
Curvina, sierra, and chano are not imported into the United States
under HTS codes that are specific to the type of fish. Instead these
fish are imported under non-specific fish and marine fish codes.
Consequently, the list in Table 1 includes those non-specific HTS codes
necessary to encompass the range of probable codes used for products
subject to the trade restriction. In addition, to effectuate the
Court's ruling while allowing imports of seafood outside the scope of
the court order, and to minimize disruptions to trade, fish and fish
products of the same or similar fish or fish products imported to the
United States under the HTS codes listed in Table 1 from Mexico that
are not subject to these import prohibition must be accompanied by a
Certification of Admissibility. The Certification of Admissibility and
accompanying instructions are available at https://www.fisheries.noaa.gov/topic/international-affairs.
As of the compliance date, imports of the fish and fish products
from Mexico and filed under the HTS codes listed in Table 1 are
required to be accompanied by a Certification of Admissibility in order
to obtain release of the inbound shipment. See DATES section for the
compliance date of the requirement for Certification of Admissibility.
The Certification of Admissibility is an information collection subject
to the requirements of the Paperwork Reduction Act and has been
approved by the Office of Management and Budget under control number
0648-0651.
Table 1--HTS Codes Requiring a Certification of Admissibility
------------------------------------------------------------------------
Harmonized tariff schedule
2018 codes Product description
------------------------------------------------------------------------
0302.44.0000................ Fish, fresh or chilled, excluding fish
fillets and other fish meat of heading
0304: Mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus) Fresh
chilled whole Atlantic and Blue/Japanese
Mackerel.
0302.45.1100................ Fish, fresh or chilled, excluding fish
fillets and other fish meat of heading
0304: Jack and horse mackerel (Trachurus
spp): Scaled (whether or not heads,
viscera and/or fins have been removed,
but not otherwise processed), in
immediate containers weighing with their
contents 6.8 kg or less.
0302.45.5000................ Fish, fresh or chilled, excluding fish
fillets and other fish meat of heading
0304: Jack and horse mackerel (Trachurus
spp): Other.
0302.49.0000................ Fish, fresh or chilled, excluding fish
fillets and other fish meat of heading
0304: Herrings (Clupea harengus, Clupea
pallasii), anchovies (Engraulis spp.),
sardines (Sardina pilchardus, Sardinops
spp.), sardinella (Sardinella spp.),
brisling or sprats (Sprattus sprattus),
mackerel (Scomber scombrus, Scomber
australasicus, Scomber japonicus), Indian
mackerels (Rastrelliger spp.), seerfishes
(Scomberomorus spp.), jack and horse
mackerel (Trachurus spp.), jacks,
crevalles (Caranx spp.), cobia
(Rachycentron canadum), silver pomfrets
(Pampus spp.), Pacific saury (Cololabis
saira), scads (Decapterus spp.), capelin
(Mallotus villosus), swordfish (Xiphias
gladius), Kawakawa (Euthynnus affinis),
bonitos (Sarda spp.), marlins,
sailfishes, spearfish (Istiophoridae),
excluding edible fish offal of
subheadings 0302.91 to 0302.99: Other
Fish.
0302.59.1100................ Fish, fresh or chilled, excluding fish
fillets and other fish meat of heading
0304: Fish of the families
Bregmacerotidae, Euclichthyidae Gadidae,
Macrouridae, Melanonidae, Merlucciidae,
Moridae and Muraenolepididae, excluding
edible fish offal of subheadings 0302.91
to 0302.99: Other Fish: Scaled (whether
or not heads, viscera and/or fins have
been removed, but not otherwise
processed), in immediate containers
weighing with their contents 6.8 kg or
less.
0302.59.5090................ Fish, fresh or chilled, excluding fish
fillets and other fish meat of heading
0304: Fish of the families
Bregmacerotidae, Euclichthyidae Gadidae,
Macrouridae, Melanonidae, Merlucciidae,
Moridae and Muraenolepididae, excluding
edible fish offal of subheadings 0302.91
to 0302.99: Other Fish: Other: Other
fish.
0302.89.1140................ Fish, fresh or chilled, excluding fish
fillets and other fish meat of heading
0304: Other fish, excluding edible fish
offal of subheadings 0302.91 to 0302.99:
Other: Scaled (whether or not heads,
viscera and/or fins have been processed),
in immediate containers weighing with
their contents 6.8 kg or less: Other
Fish.
0303.54.0000................ Fish, frozen, excluding fish fillets and
other fish meat of heading 0304: Mackerel
(Scomber scombrus, Scomber australasicus,
Scomber japonicus).
0303.55.0000................ Fish, frozen, excluding fish fillets and
other fish meat of heading 0304: Jack and
horse mackerel (Trachurus spp.).
[[Page 43794]]
0303.59.0000................ Fish, frozen, excluding fish fillets and
other fish meat of heading 0304: Other
Fish.
0304.49.0190................ Fish, frozen, excluding fish fillets and
other fish meat of heading 0304: Fish
fillets and other fish meat (whether or
not minced), fresh, chilled or frozen:
Fresh or chilled fillets of other fish:
Other: Other Fish.
0304.59.0091................ Fish, frozen, excluding fish fillets and
other fish meat of heading 0304: Fish
fillets and other fish meat (whether or
not minced), fresh, chilled or frozen:
Fresh or chilled fillets of other fish:
Other Fish Chilled: Other.
0304.89.1090................ Fish, frozen, excluding fish fillets and
other fish meat of heading 0304: Frozen
fillets of other fish: Other: Skinned,
whether or not divided into pieces, and
frozen into blocks each weighing over 4.5
kg, imported to be minced, ground or cut
into pieces of uniform weights and
dimensions: Other Fish.
0304.89.5090................ Fish, frozen, excluding fish fillets and
other fish meat of heading 0304: Frozen
fillets of other fish: Other: Other Fish.
0304.99.1104................ Fish, frozen, excluding fish fillets and
other fish meat of heading 0304: Other,
frozen: Other: In bulk or in immediate
containers weighing with their contents
over 6.8 kg each: Minced: Surimi.
0304.99.1109................ Fish, frozen, excluding fish fillets and
other fish meat of heading 0304: Other,
frozen: Other: In bulk or in immediate
containers weighing with their contents
over 6.8 kg each: Minced: Other.
0304.99.1194................ Fish, frozen, excluding fish fillets and
other fish meat of heading 0304: Other,
frozen: Other: In bulk or in immediate
containers weighing with their contents
over 6.8 kg each: Other: Other Fish.
0304.99.9190................ Fish, frozen, excluding fish fillets and
other fish meat of heading 0304: Other,
frozen: Other: Other: Ocean Fish.
0305.10.2000................ Fish, dried, salted or in brine; smoked
fish, whether or not cooked before or
during the smoking process; flours, meals
and pellets of fish, fit for human
consumption: Flours, meals and pellets of
fish, fit for human consumption: In bulk
or in immediate containers weighing with
their contents over 6.8 kg each.
0305.10.4000................ Fish, dried, salted or in brine; smoked
fish, whether or not cooked before or
during the smoking process; flours, meals
and pellets of fish, fit for human
consumption: Flours, meals and pellets of
fish, fit for human consumption: Other.
0305.39.4000................ Fish, dried, salted or in brine; smoked
fish, whether or not cooked before or
during the smoking process; flours, meals
and pellets of fish, fit for human
consumption: Fish fillets, dried, salted
or in brine, but not smoked: Mackerel, in
immediate containers weighing with their
contents 6.8 kg or less each.
0305.39.6180................ Fish, dried, salted or in brine; smoked
fish, whether or not cooked before or
during the smoking process; flours, meals
and pellets of fish, fit for human
consumption: Fish fillets, dried, salted
or in brine, but not smoked: Other: Other
Fish.
0305.49.2000................ Fish, dried, salted or in brine; smoked
fish, whether or not cooked before or
during the smoking process; flours, meals
and pellets of fish, fit for human
consumption: Smoked fish, including
fillets, other than edible fish offal:
Other: Mackerel.
0305.49.4045................ Fish, dried, salted or in brine; smoked
fish, whether or not cooked before or
during the smoking process; flours, meals
and pellets of fish, fit for human
consumption: Smoked fish, including
fillets, other than edible fish offal:
Other: Other Fish.
0305.54.0000................ Fish, dried, salted or in brine; smoked
fish, whether or not cooked before or
during the smoking process; flours, meals
and pellets of fish, fit for human
consumption: Dried fish, other than
edible fish offal, whether or not salted
but not smoked: Herrings (Clupea
harengus, Clupea pallasii), anchovies
(Engraulis spp.), sardines (Sardina
pilchardus, Sardinops spp.), sardinella
(Sardinella spp.), brisling or sprats
(Sprattus sprattus), mackerel (Scomber
scombrus, Scomber australasicus, Scomber
japonicus), Indian mackerels
(Rastrelliger spp.), seerfishes
(Scomberomorus spp.), jack and horse
mackerel (Trachurus spp.), jacks,
crevalles (Caranx spp.), cobia
(Rachycentron canadum), silver pomfrets
(Pampus spp.), Pacific saury (Cololabis
saira), scads (Decapterus spp.), capelin
(Mallotus villosus), swordfish (Xiphias
gladius), Kawakawa (Euthynnus affinis),
bonitos (Sarda spp.), marlins,
sailfishes, spearfish (Istiophoridae).
0305.59.0001................ Fish, dried, salted or in brine; smoked
fish, whether or not cooked before or
during the smoking process; flours, meals
and pellets of fish, fit for human
consumption: Dried fish, other than
edible fish offal, whether or not salted
but not smoked: Other Fish.
0305.69.2000................ Fish, dried, salted or in brine; smoked
fish, whether or not cooked before or
during the smoking process; flours, meals
and pellets of fish, fit for human
consumption: Fish, salted but not dried
or smoked and fish in brine, other than
edible fish offal: Mackerel: In immediate
containers weighing with their contents
6.8 kg or less each.
0305.69.3000................ Fish, dried, salted or in brine; smoked
fish, whether or not cooked before or
during the smoking process; flours, meals
and pellets of fish, fit for human
consumption: Fish, salted but not dried
or smoked and fish in brine, other than
edible fish offal: Mackerel: Other.
0305.69.5001................ Fish, dried, salted or in brine; smoked
fish, whether or not cooked before or
during the smoking process; flours, meals
and pellets of fish, fit for human
consumption: Fish, salted but not dried
or smoked and fish in brine, other than
edible fish offal: Other Fish: In
immediate containers weighing with their
contents 6.8 kg or less each.
0305.69.6001................ Fish, dried, salted or in brine; smoked
fish, whether or not cooked before or
during the smoking process; flours, meals
and pellets of fish, fit for human
consumption: Fish, salted but not dried
or smoked and fish in brine, other than
edible fish offal: Other Fish: Other.
0305.79.0000................ Fish, dried, salted or in brine; smoked
fish, whether or not cooked before or
during the smoking process; flours, meals
and pellets of fish, fit for human
consumption: Fish fins, heads, tails,
maws and other edible fish offal: Other
Fish.
0306.17.0003................ Other shrimps and prawns: Shell-on,
imported in accordance with Statistical
Note 1 to this chapter: Count size
(headless weight) less than 33 per kg
(15s).
0306.17.0006................ Other shrimps and prawns: Shell-on,
imported in accordance with Statistical
Note 1 to this chapter: Count size
(headless weight) 33-45 per kg (15-20s).
0306.17.0009................ Other shrimps and prawns: Shell-on,
imported in accordance with Statistical
Note 1 to this chapter: Count size
(headless weight) 46-55 per kg (21-25s).
0306.17.0012................ Other shrimps and prawns: Shell-on,
imported in accordance with Statistical
Note 1 to this chapter: Count size
(headless weight) 56-66 per kg (26-30s).
0306.17.0015................ Other shrimps and prawns: Shell-on,
imported in accordance with Statistical
Note 1 to this chapter: Count size
(headless weight) 67-88 per kg (31-40s).
0306.17.0018................ Other shrimps and prawns: Shell-on,
imported in accordance with Statistical
Note 1 to this chapter: Count size
(headless weight) 89-110 per kg (41-50s).
[[Page 43795]]
0306.17.0021................ Other shrimps and prawns: Shell-on,
imported in accordance with Statistical
Note 1 to this chapter: Count size
(headless weight) 111-132 per kg (51-
60s).
0306.17.0024................ Other shrimps and prawns: Shell-on,
imported in accordance with Statistical
Note 1 to this chapter: Count size
(headless weight) 133-154 per kg (61-
70s).
0306.17.0027................ Other shrimps and prawns: Shell-on,
imported in accordance with Statistical
Note 1 to this chapter: Count size
(headless weight) more than 154 per kg
(70s).
0306.17.0040................ Other shrimps and prawns: Peeled, imported
in accordance with Statistical Note 1 to
this chapter.
0306.36.0020................ Other shrimps and prawns: Shell-on.
0306.36.0040................ Other shrimps and prawns: Peeled.
0306.95.0020................ Other: Shrimps and prawns: Shell-on.
0306.95.0040................ Other: Shrimps and prawns: Peeled.
0511.99.3060................ Products chiefly used as food for animals
or as ingredients in such food: Other.
1604.15.0000................ Prepared or preserved fish; caviar and
caviar substitutes prepared from fish
eggs: Fish, whole or in pieces, but not
minced: Mackerel.
1604.19.4100................ Prepared or preserved fish; caviar and
caviar substitutes prepared from fish
eggs: Fish, whole or in pieces, but not
minced: Other (including yellowtail):
Other: Fish sticks and similar products
of any size or shape, fillets or other
portions of fish, if breaded, coated with
batter or similarly prepared: Neither
cooked nor in oil.
1604.19.5100................ Prepared or preserved fish; caviar and
caviar substitutes prepared from fish
eggs: Fish, whole or in pieces, but not
minced: Other (including yellowtail):
Other: Fish sticks and similar products
of any size or shape, fillets or other
portions of fish, if breaded, coated with
batter or similarly prepared: Other.
1604.19.6100................ Prepared or preserved fish; caviar and
caviar substitutes prepared from fish
eggs: Fish, whole or in pieces, but not
minced: Other (including yellowtail):
Other: In oil and in bulk or in immediate
containers weighing with their contents
over 7 kg each.
1604.19.8200................ Prepared or preserved fish; caviar and
caviar substitutes prepared from fish
eggs: Fish, whole or in pieces, but not
minced: Other (including yellowtail):
Other: Other.
1604.20.0510................ Prepared or preserved fish; caviar and
caviar substitutes prepared from fish
eggs: Other prepared or preserved fish:
Products containing meat of crustaceans,
molluscs or other aquatic invertebrates;
prepared meals: Prepared meals.
1604.20.0590................ Prepared or preserved fish; caviar and
caviar substitutes prepared from fish
eggs: Other prepared or preserved fish:
Products containing meat of crustaceans,
molluscs or other aquatic invertebrates;
prepared meals: Other.
1604.20.1000................ Prepared or preserved fish; Other prepared
or preserved fish: Other: Pastes.
1604.20.1500................ Prepared or preserved fish; Other prepared
or preserved fish: Other: Balls, cakes
and puddings: In oil.
1604.20.2000................ Prepared or preserved fish; Other prepared
or preserved fish: Other: Balls, cakes
and puddings: Not in oil: In immediate
containers weighing with their contents
not over 6.8 kg each: In airtight
containers.
1604.20.2500................ Prepared or preserved fish; Other prepared
or preserved fish: Other: Balls, cakes
and puddings: Not in oil: In immediate
containers weighing with their contents
not over 6.8 kg each: Other.
1604.20.3000................ Prepared or preserved fish; Other prepared
or preserved fish: Other: Balls, cakes
and puddings: Not in oil: Other.
1604.20.4000................ Prepared or preserved fish; Other prepared
or preserved fish: Fish sticks and
similar products of any size or shape, if
breaded, coated with batter or similarly
prepared: Neither cooked nor in oil.
1604.20.5000................ Prepared or preserved fish; Other prepared
or preserved fish: Fish sticks and
similar products of any size or shape, if
breaded, coated with batter or similarly
prepared: Other.
1604.20.5010................ Prepared or preserved fish; Other prepared
or preserved fish: Fish sticks and
similar products of any size or shape, if
breaded, coated with batter or similarly
prepared: Other: Pre-cooked and frozen.
1604.20.5090................ Prepared or preserved fish; Other prepared
or preserved fish: Fish sticks and
similar products of any size or shape, if
breaded, coated with batter or similarly
prepared: Other: Other.
1604.20.6010................ Prepared or preserved fish; Other prepared
or preserved fish: Pre-cooked and frozen.
1604.20.6090................ Prepared or preserved fish; Other prepared
or preserved fish: Other.
1605.21.0500................ Crustaceans, molluscs and other aquatic
invertebrates, prepared or preserved:
Shrimps and prawns: Not in airtight
containers: Products containing fish
meat; prepared meals.
1605.21.1020................ Crustaceans, molluscs and other aquatic
invertebrates, prepared or preserved:
Shrimps and prawns: Not in airtight
containers: Other: Frozen, imported in
accordance with Statistical Note 1 to
this chapter: Breaded.
1605.21.1030................ Crustaceans, molluscs and other aquatic
invertebrates, prepared or preserved:
Shrimps and prawns: Not in airtight
containers: Other: Frozen, imported in
accordance with Statistical Note 1 to
this chapter: Other.
1605.21.1050................ Crustaceans, molluscs and other aquatic
invertebrates, prepared or preserved:
Shrimps and prawns: Not in airtight
containers: Other: Other, imported in
accordance with Statistical Note 1 to
this chapter.
1605.29.0500................ Crustaceans, molluscs and other aquatic
invertebrates, prepared or preserved:
Shrimps and prawns: Other: Products
containing fish meat; prepared meals.
1605.29.1010................ Crustaceans, molluscs and other aquatic
invertebrates, prepared or preserved:
Shrimps and prawns: Other: Frozen,
imported in accordance with Statistical
Note 1 to this chapter.
1605.29.1040................ Crustaceans, molluscs and other aquatic
invertebrates, prepared or preserved:
Shrimps and prawns: Other: Other: Other,
imported in accordance with Statistical
Note 1 to this chapter.
2309.10.0010................ Preparations of a kind used in animal
feeding: Dog or cat food, put up for
retail sale: In airtight containers.
2309.10.0090................ Preparations of a kind used in animal
feeding: Dog or cat food, put up for
retail sale: Other.
2309.90.1015................ Preparations of a kind used in animal
feeding: Other: Mixed feeds or mixed feed
ingredients: Other pet food, put up for
retail sale.
2309.90.1050................ Preparations of a kind used in animal
feeding: Other: Mixed feeds or mixed feed
ingredients: Other.
------------------------------------------------------------------------
[[Page 43796]]
The HTS codes applicable to the products subject to the
requirements of the preliminary injunction may be revised from time to
time due to updates to the HTS by the International Trade Commission.
Any such changes will be notified to the trade community in accordance
with CBP's notification procedures. In addition, NMFS and CBP will
actively monitor the border operations of the trade restriction and the
certification requirement in the initial weeks of implementation to
determine if the list of affected HTS codes can be adjusted to further
minimize disruption to trade while maintaining compliance with the
court order.
Importers are advised to determine if other NMFS program
requirements (e.g., Tuna Tracking and Verification Program, Seafood
Import Monitoring Program) or other agency requirements (e.g., Fish and
Wildlife Service, State Department, Food and Drug Administration) have
Automated Commercial Environment (ACE) data reporting requirements
applicable to the HTS codes identified in Table 1 as subject to
certification under the MMPA import provisions. In such cases, the
other reporting requirements still pertain in addition to the
Certification of Admissibility requirements imposed to effectuate the
court order.
Until such time as the Court of International Trade (or other court
of competent appellate jurisdiction) lifts the preliminary injunction,
trade restrictions on these products harvested by gillnets in the UGC
of Mexico within the vaquita's range will continue and Certification of
Admissibility will be required for the HTS codes listed in this notice.
Authority: 16 U.S.C. 1361 et seq.
Dated: August 23, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018-18628 Filed 8-24-18; 4:15 pm]
BILLING CODE 3510-22-P
