Implementation of Import Restrictions; Certification of Admissibility for Certain Fish Products From Mexico, 43792-43796 [2018-18628]

Download as PDF 43792 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. daltland on DSKBBV9HB2PROD with RULES 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: VerDate Sep<11>2014 15:59 Aug 27, 2018 Jkt 244001 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 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 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 E:\FR\FM\28AUR1.SGM 28AUR1 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 (http://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 ........... daltland on DSKBBV9HB2PROD with RULES 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.). 15:59 Aug 27, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\28AUR1.SGM 28AUR1 43794 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 ........... daltland on DSKBBV9HB2PROD with RULES 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). 15:59 Aug 27, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\28AUR1.SGM 28AUR1 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 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. 15:59 Aug 27, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\28AUR1.SGM 28AUR1 43796 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] daltland on DSKBBV9HB2PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 15:59 Aug 27, 2018 Jkt 244001 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: PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 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, E:\FR\FM\28AUR1.SGM 28AUR1

Agencies

[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]


=======================================================================
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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 (http://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