Pork Promotion, Research, and Consumer Information Order-Decrease in Assessment Rate and Importer Assessments, 66535-66539 [2022-23762]
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66535
Rules and Regulations
Federal Register
Vol. 87, No. 213
Friday, November 4, 2022
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1230
[Doc. No. AMS–LP–22–0032]
Pork Promotion, Research, and
Consumer Information Order—
Decrease in Assessment Rate and
Importer Assessments
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
Pursuant to the Pork
Promotion, Research, and Consumer
Information Act of 1985 (Act) and the
Pork Promotion, Research, and
Consumer Information Order (Order)
thereunder, this rulemaking decreases
the current rate of assessment of 0.40
percent of the market value of live
porcine animals to 0.35 percent and
decreases the amount of assessment per
pound due on imported pork and pork
products (one- to three-hundredths of a
cent per pound). These reductions in
assessment rates are made in response
to the approximately 47 percent
increase in 2021 in the average prices of
live hogs above its 3-year average from
2018–2020 and reflect the National Pork
Producers Delegate Body’s (Delegate
Body) desire to lessen the assessment
burden on producers and make such
funds available to pork producers and
the industry. The adjustment in
importer assessments also brings the
equivalent market value of live animals
from which imported pork and pork
products are derived in line with the
market value of domestic porcine
animals. This action also updates the
Harmonized Tariff Schedule number for
prepared or preserved pork in the
regulation.
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SUMMARY:
DATES:
Effective date: January 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Maribel Reyna; Agricultural Marketing
Specialist; Research and Promotion
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Division; Telephone: (202) 302–1139; or
Email: Maribel.Reyna@usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule does not meet the definition
of significant regulatory action
contained in section 3(f) of Executive
Order (E.O.) 12866 and is not subject to
review by the Office of Management and
Budget (OMB).
Executive Order 12988
This final rule has been reviewed
under E.O. 12988, Civil Justice Reform.
It is not intended to have a retroactive
effect. The Pork Promotion, Research,
and Consumer Information Act of 1985
(Act) states that the statute is intended
to occupy the field of promotion and
consumer education involving pork and
pork products and of obtaining funds
thereof from pork producers and that
the regulation of such activity (other
than a regulation or requirement relating
to a matter of public health or the
provision of State or local funds for
such activity) that is in addition to or
different from the Act may not be
imposed by a State.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under Sec.
1625 of the Act, a person subject to an
order may file a petition with the United
States Department of Agriculture
(USDA) stating that such order, a
provision of such order or an obligation
imposed in connection with such order
is not in accordance with the law; and
requesting a modification of the order or
an exemption from the order. Such
person is afforded the opportunity for a
hearing on the petition. After the
hearing, the USDA would rule on the
petition. The Act provides that the
district court of the United States in the
district in which a person resides or
does business has jurisdiction to review
the USDA’s determination, if a
complaint is filed no later than 20 days
after the date such person receives
notice of such determination.
Executive Order 13175
This final rule has also been reviewed
under E.O. 13175, Consultation and
Coordination with Indian Tribal
Governments. E.O. 13175 requires
Federal agencies to consult and
coordinate with tribes on a governmentto-government basis on: (1) policies that
have tribal implication, including
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regulation, legislative comments, or
proposed legislation; and (2) other
policy statements or actions that have
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
The Agricultural Marketing Service
(AMS) has assessed the impact of this
final rule on Indian tribes and
determined that this rule will not have
tribal implications that require
consultation under E.O. 13175. AMS
participates on teleconference with
tribal leaders where matters of mutual
interest regarding the marketing of
agricultural products are discussed.
Information about the changes to the
assessment rate will be relayed through
a notice to trade. AMS will work with
the USDA, Office of Tribal Relations to
ensure meaningful consultation is
provided as needed with regards to the
final rule.
Regulatory Flexibility Act and
Paperwork Reduction Act
This action was reviewed under the
Regulatory Flexibility Act (5 United
States Code (U.S.C.) 601 et seq.) in the
Order initially published in the
September 5, 1986, issue of the Federal
Register (51 FR 31898). The AMS
Administrator determined at that time
that the Order would not have
significant economic impact on a
substantial number of small entities;
therefore, a regulatory impact analysis
was not required. The Census of
Agriculture reports that 64,871 U.S.
farms produced hogs and pigs in 2017.
Many of those farms are likely to be
classified as small business by having
total sales less than the $3.5 million
threshold set by the Small Business
Administration (SBA) definition (13
CFR 121.201). AMS does not believe
that this rule change will have a
significant or differential economic
impact on small producers because total
assessments paid are proportionate to
the value of hogs sold by a producer.
This final rule decreases the rate of
the assessment from 0.40 percent of the
market value of porcine animals to 0.35
percent and decreases the amount of
assessment per pound due on imported
pork and pork products. While domestic
assessments are only made to live
porcine animals, assessments on
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Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Rules and Regulations
imports are made to both live animal
imports and post-slaughter pork and
pork products. This update to the
regulations updates assessments on the
imported product based on the
Harmonized Tariff Schedule (HTS) to
bring the equivalent market value of live
animals from which imported pork and
pork products are derived in line with
the market value of domestic porcine
animals.
From 2018 to 2020, total checkoff
revenue ranged from $72.3 million to
$77.6 million. In that time, 95.6 percent
of all revenue was from domestic sales
and 4.4 percent was derived from
assessments on imported hogs and pork
products. Of domestic revenue, 98.6
percent was derived from market hogs
and 1.4 percent was derived from feeder
hogs. In 2021, total checkoff revenue
increased approximately 41 percent to
$103.6 million, an increase primarily
reflecting the 47 percent increase in live
hog prices.1 Despite the price increase,
both the share of all revenue derived
from imports and the share of domestic
revenue derived from live hogs was
mostly unchanged in 2021 relative to
previous years.
The assessment decrease reduces
annual funding of the promotion,
research, and consumer information
program by an estimated $13.5 million
under the assumption that 2021 market
conditions persist. This decrease reflects
both a $12.3 million reduction in
domestic assessments stemming from
the 12.5 percent decrease in the rate of
assessment for live hogs (i.e., the change
from 0.40 to 0.35 percent assessment for
live weight hogs), which totaled $98.4
million in 2021 and a $1.2 million
reduction in importer assessments.
In 2021, the gross market value of all
swine marketed in the United States
was approximately $27 billion. The
assessment decrease reflects the
Delegate Body’s desire to lessen the
assessment burden on producers and
make such funds available to pork
producers and the industry. The
expected benefit of the rule change is
savings of $13.5 million in assessments
that would have been paid under the
existing rule. The expected cost of the
rule is the potential loss of returns
accruing to the industry from
promotion, research, and consumer
information programs paid for by the
National Pork Board using assessment
funds. While these programs have been
shown to earn positive returns in
academic studies when considering pre2021 data, the sharp 2021 increase in
assessment revenue is likely to create
diminishing marginal returns to
advertising. 2 However, even with the
reduction in assessment rates, total
program funds will have still increased
significantly above 2020 levels owing to
the ongoing increase in price levels,
assuming the general market conditions
of 2021 persist. For these reasons, the
economic impact of the assessments is
not expected to be a significant part of
the total market value of swine.
Accordingly, the AMS Administrator
determined that this action will not
have a significant economic impact on
substantial number of small entities.
The information collection
requirements have been previously
approved by the OMB and have been
assigned OMB control number 0581–
0093. Reapproval for the information
collection will not be necessary since
the rate assessment does not
substantially change the assessment
collection process.
The Act (7 U.S.C. 4801–4819),
enacted on December 23, 1985,
authorized the establishment of a
national pork promotion, research, and
consumer information program. The
final Order at 7 CFR part 1230
establishing a pork promotion, research,
and consumer information program was
published in the September 5, 1986,
issue of the Federal Register (51 FR
31898; as corrected, at 51 FR 36383 and
amended at 53 FR 1909, 53 FR 30243,
56 FR 4, 56 FR 51635, 60 FR 29962, 61
FR 28002, 62 FR 26205, 63 FR 45935,
64 FR 44643, 66 FR 67071, 67 FR 58320,
and 69 FR 9924) and assessments began
on November 1, 1986. The program was
funded by an initial assessment rate of
0.25 percent of the market value of all
porcine animals marketed in the United
States and on imported porcine animals
with an equivalent assessment on pork
and pork products. However, that rate
was increased to 0.35 percent effective
December 1, 1991 (56 FR 51635) and to
0.45 percent effective September 3, 1995
(60 FR 29962). Further, the rate was
decreased to 0.40 percent effective
September 30, 2002 (67 FR 58320). The
import assessments were decreased by
five-hundredths to seven-hundredths of
a cent per pound effective April 2, 2004,
to reflect a decrease in the 2002 average
price for domestic barrows and gilts (69
FR 9924). The total annual assessment
rate collected in 2021 was $103.6
million. Assessments on imported pork
and pork products accounted for about
$4.5 million of the total.
1 Specifically, the Barrow and Gilt National Base
Live Equivalent Price (51–52% Lean) rose from its
2018–20 average of $45.7 to $67.29 per cwt.
2 Kaiser, Harry M. ‘‘An Economic Analysis of the
National Pork Board Checkoff Program’’ Publication
of the National Pork Board, January 2022
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The Order requires that producers pay
to the National Pork Board an
assessment of 0.40 percent of the market
value of each porcine animal upon sale
(7 CFR 1230.112). However, for
purposes of collecting and remitting
assessments, porcine animals are
divided into three separate categories (1)
feeder pigs, (2) slaughter hogs, and (3)
breeding stock. Regulations under 7 CFR
1230.71 specifies that purchasers of
feeder pigs, slaughter hogs, and
breeding stock shall collect an
assessment on these animals if
assessments are due. Section 1230.71(b)
of the Order further provides that for the
purpose of collecting and remitting
assessments persons engaged as a
commission merchant, auction market,
or livestock market in the business of
receiving such porcine animals for sale
on commission for or on behalf of a
producer shall be deemed to be a
purchaser.
Section 1230.110(a) requires
importers of porcine animals to pay U.S.
Customs Service (USCS), upon
importation, the assessment of 0.40
percent of the porcine animal’s declared
value and importers of pork and pork
products to pay USCS, upon
importation, the assessment of 0.40
percent of the market value of the live
porcine animals from which such pork
and pork products were produced.
The Act and Order contain provisions
for adjusting the rate of assessment. The
Delegate Body has the responsibility to
recommend the rate of assessment to the
Department. The 2022 Delegate Body, at
its annual meeting March 9–11, 2022, in
Louisville, Kentucky, voted to
recommend to the USDA the rate of
assessment of 0.40 percent be decreased
to 0.35 percent. In 2022, the Secretary
appointed 155 members to serve on the
Delegate Body, including 150 producers
and 5 importers. At the Delegate Body
annual meeting, 145 Delegates were
present representing 101,017.5 valid
share votes. There were 98,797.6 share
votes cast following floor debate of the
resolution for the rate assessment
reduction. There were 93,151.3 share
votes cast in favor of the 0.05 percent
decrease in checkoff rate assessment. A
simple majority of share votes is
required to pass the resolution (7 CFR
1230.36). The assessment rate decrease
also applies to the amount of assessment
on imported pork and pork products
pursuant to the 7 CFR 1230.110.
Methodology and Analysis
AMS weighed the costs and benefits
of the change in pork assessment rates,
acknowledging the role the Delegate
Body plays in the disposition of funds
and its insight into the effect of an
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assessment decrease. The cost of the
assessment reduction is the reduced
funds available for research, promotion
and consumer information of pork and
pork products and activities that
strengthen and increase demand for
lives hogs sold by producers paying the
assessment. Economic research has
shown that such research and
promotion programs generally yield
positive net returns to producers, a
finding confirmed in the National Pork
Board’s own commissioned evaluation
of the program based on data through
2020. While this finding would initially
suggest that a reduction in the
assessment would reduce returns to
pork producers (and thus fails a cost
benefit analysis test), AMS notes the
sharp increase in pork prices in the
intervening period as a mitigating factor
to relying solely on that study.
Between 2018 and 2020, the national
barrows and gilt national base live
weight equivalent price for 51–51% lean
hogs was $45.69 per cwt on a slaughter
of 131.5 million head. In 2021, the price
rose 47% to $67.29 per cwt while
slaughter only fell 2 percent to 129.0
million head. Together, these changes
have caused checkoff revenue to
increase 41 percent between 2020 and
2021. While the reduced assessment
will lower expected assessment revenue
in future years from 2021, AMS still
expects revenue to be greater than the
2018–2020 average in 2022 and in
future years owing to the expected
continuation of elevated prices.
In its assessments of the costs of the
final rule, AMS assumed that demand
for hogs and pork products is
unchanged in the short run by any
reduction in promotion expenditure that
may result from the reduced assessment.
As such, AMS finds there will be no
cost to the final rule change in terms of
reduced demand for pork. AMS notes
that research and promotion spending is
likely to exhibit diminishing marginal
returns, meaning that the large increase
in promotion expenditure from the 2021
increase in assessment revenue is
unlikely to generate economic returns as
those returns estimated from data in
earlier periods, which started at a lower
level.3 AMS also notes that the National
3 In the 2021 publication ‘‘An Economic Analysis
of the National Pork Board Checkoff Program’’,
Kaiser finds that benefit-cost ratios (BCR) for
expenditure components of pork assessments to
range from 71.58 to 1.37 using data from 1976 to
2020. At the lower bound of that range, the 1.37
BCR value indicates that a dollar invested in
promotion raises returns to producer by 1.37. That
research also finds that the 90 percent lower bound
for the marginal benefit-cost ratio is less one for the
category of demand enhancing research (indicating
negative producer returns) and between 5 and 7 for
pork advertising and non-advertising promotion.
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Pork Board, subject to the Secretary’s
approval, determines specifically how
assessment revenue is spent to promote
pork consumption and enhance
demand. Subsequently, the National
Pork Board is also likely to know the
point at which the highest return
promotional opportunities have been
exhausted and that additional
advertising becomes ineffective. Based
on its independent analysis of market
trends and the research on returns to the
pork checkoff program, AMS agrees that
this reduction in assessment rate will
effectuate the purposes of the Act.
AMS notes that total assessment
revenue is expected to remain above the
2020 level despite the assessment rate
reduction. On this point, AMS
calculated the total reduction in
assessment revenue as the sum of the
reduction in domestic and foreign
revenue. Between 2018 and 2020, about
95.6 percent of assessment revenue was
from domestic assessments on live hogs,
most of which are market hogs although
all types of hogs pay the same
assessment rate. AMS estimated the
reduction in domestic revenue of $12.3
by multiplying 2021 domestic revenue
level of $97.3 million by the 12.5
percent reduction in the rate of
assessment (i.e., the change in the
assessment rate from 0.4 to 0.35 dollars
per hundred weight.)
AMS estimated the reduction in
import assessment revenue using trade
data available from the USDA Foreign
Agricultural Service. This data shows
that approximately 49 percent of
assessment revenue from imports in
2021 was derived from live hog
assessments, which, like domestic hogs,
will see a 12.5 percent reduction in the
rate of assessment. The remaining 51
percent of pork and processed pork
products will see variable decreases in
the rate of assessments, all of which are
larger in magnitude than the 12.5
percent in the live hog rate. AMS
calculated the average rate reduction for
these pork and processed products to be
38.6 percent based on each product’s
average value share of imports between
2019 and 2021. AMS then calculated a
change in the rate of all import
assessments of 25.9 percent, calculated
as the sum of the 49 percent revenue
share for live hogs times the 12.5
assessment reduction plus the 51
percent revenue share for pork products
times the 38.6 percent reduction.
Applying the average rate of assessment
These estimates, however, only consider the effects
of changing program expenditure by 1 percent.
AMS believes that for some promotional activities
funded by the checkoff the BCR may fall below one
if expenditure increases by 41 percent as it did in
2021.
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66537
to the $4.53 million in assessment
revenue from imports in 2021, AMS
found that import revenue will fall by
$1.2 million.
The adjustment in importer
assessments will bring the equivalent
market value of live animals from which
imported pork and pork products are
derived in line with the market value of
domestic porcine animals. Since the
original rule was put in place, the
wholesale-to-farm price spread for pork
has increased from 38.7 percent in 2002
to 74 percent between 2019 and 2021,
as report by the USDA Economic
Research Service. Other things equal, a
widening price spread will cause
assessments on finished wholesale
products to increase relative to hogs.
This rule reduces the assessment rate for
imported processed products by 38.6
percent on average but only 12.5 percent
for live hogs.
This is not the first reduction in
assessment rate for this program. As
mentioned above, the program was
funded by an initial assessment rate of
0.25 percent. The rate was increased to
0.35 percent effective December 1, 1991
(56 FR 51635) and then to 0.45 percent
effective September 3, 1995 (60 FR
29962). Further, the rate was decreased
to 0.40 percent effective September 30,
2002 (67 FR 58320). The import
assessments were decreased by fivehundredths to seven-hundredths of a
cent per pound effective April 2, 2004,
to reflect a decrease in the 2002 average
price for domestic barrows and gilts (69
FR 9924).
From 2012 to current, working off a
comparable rate decrease, the Board has
continued to build industry initiatives
that have long-term return on
investment impact for pork producers.
Over the years, the Board has initiated
several major projects that continue to
add value to the industry regardless of
budget such as building trust and
adding value through a positive image
of US Pork, establishing US Pork as the
global leader in sustainability
agriculture, preventing and preparing
for foreign animal diseases, and
strengthening state and industry
partnerships to build support that keeps
people, pigs and the planet as leading
fundamentals. Even with the rate
reduction, AMS has no reason to believe
that the Board cannot effectively
continue its goal to develop and expand
markets for pork and pork products by
funding promotion, research, and
consumer information initiatives.
Further, over the past 10 years the
National Pork Board has averaged
producer checkoff revenue of $80.6
million. Even with an estimated $13.5
million ($12.3 million of that decrease
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Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Rules and Regulations
deriving from reduced domestic
assessments and $1.2 million deriving
from reduced importer assessments)
reduction in assessment revenue, the
total assessment revenue will continue
to fall above the last 10-year average
assessment revenue.
AMS assumes that the reduction in
promotional spending from the new
rates will have a negligibly small effect
on demand, especially given the still
substantial increase in promotion
spending above historic levels. For this
reason, the costs of the rule will be
small as well. The benefits of the rule,
however, will be the direct saving to
producers of $13.5 million in reduced
assessment payments. Together, AMS
assesses that the benefits to this rule
change will exceed its costs.
Comments
The proposed rule describing the
decrease in rate of assessment of market
value of live porcine animals and
assessment per pound due on imported
pork and pork products was published
on July 20, 2022, in the Federal Register
(87 FR 43222). The 30-day public
comment period closed on August 19,
2022. The Department received a total of
3 comments. Two comments did not
support the rate decrease but instead
recommended switching to plant-based
farming or diet. The third comment was
submitted by 27 state associations
supporting the assessment rate decrease
and encouraging the Final Rule be
effective January 1, 2023, to allow
appropriate time to adjust processes for
collecting checkoff funds.
USDA carefully considered the
comments and the recommendation of
the Delegate Body and determined that
a decrease in the assessment rate would
effectuate the purposes of the Act. This
action lessens the assessment burden on
producers and importers. The effective
date of January 1, 2023 gives the Board
ample time to communicate this change
and will not burden those that remit
pork checkoff assessments. This final
rule adopts the decrease in the
assessment rate from 0.40 percent of
market value of porcine animals to 0.35
percent as proposed and decreases the
amount of assessment per pound due on
imported pork and pork products.
List of Subjects in 7 CFR Part 1230
Administrative practice and
procedure, Advertising, Agriculture
research, Meat and meat products,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service amends 7 CFR part 1230 as
follows:
PART 1230—PORK PROMOTION,
RESEARCH, AND CONSUMER
INFORMATION
1. The authority citation for 7 CFR
part 1230 continues to read as follows:
■
Authority: 7 U.S.C. 4801–4819.
2. Section 1230.110 is revised to read
as follows:
■
§ 1230.110 Assessments on imported pork
and pork products.
(a) The following Harmonized Tariff
Schedule (HTS) categories of imported
live porcine animals are subject to
assessment at the rate specified.
TABLE 1 TO PARAGRAPH (a)
Live porcine animals
Article description
0103.10.0000 ..................................
0103.91.00 ......................................
0103.91.0010 ..................................
0103.91.0020 ..................................
0103.91.0030 ..................................
0103.92.00 ......................................
0103.92.0010 ..................................
0103.92.0090 ..................................
Purebred breeding animals .......................................
Other: Weighing less than 50 kg each.
Weighing less than 7 kg each ...................................
Weighing 7 kg or more but less than 23 kg each .....
Weighing 23 kg or more but less than 50 kg each ...
Weighing 50 kg or more each.
Imported for immediate slaughter .............................
Other ..........................................................................
(b) The following HTS categories of
imported pork and pork products are
Assessment
0.35 percent Customs Entered Value.
0.35 percent Customs Entered Value.
0.35 percent Customs Entered Value.
0.35 percent Customs Entered Value.
0.35 percent Customs Entered Value.
0.35 percent Customs Entered Value.
subject to assessment at the rates
specified.
TABLE 2 TO PARAGRAPH (b)
Assessment
Pork and pork products
Article description
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Cents/lb
0203 .................................................
Meat of swine, fresh, chilled, or frozen: Fresh or chilled:
0203.11.0000
0203.12.1010
0203.12.1020
0203.12.9010
0203.12.9020
0203.19.2010
0203.19.2090
0203.19.4010
0203.19.4090
0203.21.0000
0203.22.1000
0203.22.9000
0203.29.2000
0203.29.4000
Carcasses and half-carcasses ..................................................................
Processed hams and cuts thereof, with bone in ......................................
Processed shoulders and cuts thereof, with bone in ................................
Other hams and cuts thereof, with bone in ..............................................
Other shoulders and cuts thereof, with bone in ........................................
Processed spare ribs ................................................................................
Processed other ........................................................................................
Bellies ........................................................................................................
Other ..........................................................................................................
Frozen carcasses and half-carcasses ......................................................
Frozen-processed hams, shoulders, and cuts thereof, with bone in ........
Frozen-other hams, shoulders, and cuts thereof, with bone in ................
Frozen processed other ............................................................................
Frozen other: .............................................................................................
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...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
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0.15
0.15
0.15
0.15
0.15
0.18
0.18
0.15
0.15
0.15
0.15
0.15
0.18
0.15
Cents/kg
0.390920
0.390920
0.390920
0.390920
0.390920
0.457058
0.457058
0.390920
0.390920
0.390920
0.390920
0.390920
0.457058
0.390920
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TABLE 2 TO PARAGRAPH (b)—Continued
Assessment
Pork and pork products
Article description
Cents/lb
0206 .................................................
Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled, or frozen:
0206.30.0000 ...................................
0206.41.0000 ...................................
0206.49.0000 ...................................
Of swine, fresh or chilled ..........................................................................
Of swine, frozen: Livers ............................................................................
Of swine, frozen: Other: ............................................................................
0210 .................................................
Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat
offal:
0210.11.0010
0210.11.0020
0210.12.0020
0210.12.0040
0210.19.0010
0210.19.0090
Meat
Meat
Meat
Meat
Meat
Meat
...................................
...................................
...................................
...................................
...................................
...................................
of
of
of
of
of
of
swine: Hams and cuts thereof, with bone in ...............................
swine: Shoulders and cuts thereof, with bone in ........................
swine: Bellies (streaky) and cuts thereof, Bacon ........................
swine: Bellies (streaky) and cuts thereof, Other .........................
swine: Canadian style bacon .......................................................
Swine: Other ................................................................................
0.15
0.15
0.15
0.15
0.15
0.15
0.15
0.18
0.18
0.390920
0.390920
0.390920
0.390920
0.390920
0.390920
0.390920
0.457058
0.457058
1601 .................................................
Sausages and similar products, of meat, meat offal or blood; food preparations based on these products:
1601.00.2010 ...................................
1601.00.2090 ...................................
Pork canned ..............................................................................................
Pork other ..................................................................................................
1602 .................................................
Other prepared or preserved meat, meat offal or blood:
1602.41.2020 ...................................
Of swine: Boned and cooked and packed in airtight containers holding
less than 1 kg.
Of swine: Other boned and cooked and packed in airtight containers ....
Of swine: Other .........................................................................................
Of swine: Shoulders and cuts thereof: Boned and cooked and packed
in airtight containers holding less than 1 kg.
Of swine: Shoulders and cuts thereof: Other boned and cooked and
packed in airtight containers.
Of swine: Other shoulders and cuts thereof .............................................
Of swine: Other, including mixtures: Not containing cereals or vegetables: Boned and cooked and packed in air-tight containers.
Of swine: Other, including mixtures: Not containing cereals or vegetables: Other.
Of swine: Other, including mixtures: Other ...............................................
1602.41.2040 ...................................
1602.41.9000 ...................................
1602.42.2020 ...................................
1602.42.2040 ...................................
1602.42.4000 ...................................
1602.49.2000 ...................................
1602.49.4000 ...................................
1602.49.9000 ...................................
3. Section 1230.112 is revised to read
as follows:
NUCLEAR REGULATORY
COMMISSION
§ 1230.112
10 CFR Part 72
■
Rate of assessment.
In accordance with § 1230.71(d), the
rate of assessment shall be 0.35 percent
of market value.
Melissa Bailey,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2022–23762 Filed 11–3–22; 8:45 am]
BILLING CODE P
[NRC–2022–0144]
RIN 3150–AK87
List of Approved Spent Fuel Storage
Casks: NAC International, Inc.
MAGNASTOR® Storage System,
Certificate of Compliance No. 1031,
Amendment No. 10
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the NAC International, Inc.
MAGNASTOR® Storage System listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
No. 10 to Certificate of Compliance No.
1031. Amendment No. 10 revises the
SUMMARY:
khammond on DSKJM1Z7X2PROD with RULES
Cents/kg
VerDate Sep<11>2014
17:31 Nov 03, 2022
Jkt 259001
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
0.23
0.23
0.567288
0.567288
0.25
0.611380
0.25
0.15
0.25
0.611380
0.390920
0.611380
0.25
0.611380
0.15
0.23
0.390920
0.567288
0.18
0.457058
0.18
0.457058
certificate of compliance by adding a
new metal storage overpack.
DATES: This direct final rule is effective
January 18, 2023, unless significant
adverse comments are received by
December 5, 2022. If this direct final
rule is withdrawn as a result of such
comments, timely notice of the
withdrawal will be published in the
Federal Register. Comments received
after this date will be considered if it is
practical to do so, but the NRC is able
to ensure consideration only for
comments received on or before this
date. Comments received on this direct
final rule will also be considered to be
comments on a companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
Register.
Submit your comments,
identified by Docket ID NRC–2022–
0144, at https://www.regulations.gov. If
your material cannot be submitted using
https://www.regulations.gov, call or
email the individuals listed in the FOR
ADDRESSES:
E:\FR\FM\04NOR1.SGM
04NOR1
Agencies
[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Rules and Regulations]
[Pages 66535-66539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23762]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 /
Rules and Regulations
[[Page 66535]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1230
[Doc. No. AMS-LP-22-0032]
Pork Promotion, Research, and Consumer Information Order--
Decrease in Assessment Rate and Importer Assessments
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Pork Promotion, Research, and Consumer
Information Act of 1985 (Act) and the Pork Promotion, Research, and
Consumer Information Order (Order) thereunder, this rulemaking
decreases the current rate of assessment of 0.40 percent of the market
value of live porcine animals to 0.35 percent and decreases the amount
of assessment per pound due on imported pork and pork products (one- to
three-hundredths of a cent per pound). These reductions in assessment
rates are made in response to the approximately 47 percent increase in
2021 in the average prices of live hogs above its 3-year average from
2018-2020 and reflect the National Pork Producers Delegate Body's
(Delegate Body) desire to lessen the assessment burden on producers and
make such funds available to pork producers and the industry. The
adjustment in importer assessments also brings the equivalent market
value of live animals from which imported pork and pork products are
derived in line with the market value of domestic porcine animals. This
action also updates the Harmonized Tariff Schedule number for prepared
or preserved pork in the regulation.
DATES: Effective date: January 1, 2023.
FOR FURTHER INFORMATION CONTACT: Maribel Reyna; Agricultural Marketing
Specialist; Research and Promotion Division; Telephone: (202) 302-1139;
or Email: [email protected].
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule does not meet the definition of significant regulatory
action contained in section 3(f) of Executive Order (E.O.) 12866 and is
not subject to review by the Office of Management and Budget (OMB).
Executive Order 12988
This final rule has been reviewed under E.O. 12988, Civil Justice
Reform. It is not intended to have a retroactive effect. The Pork
Promotion, Research, and Consumer Information Act of 1985 (Act) states
that the statute is intended to occupy the field of promotion and
consumer education involving pork and pork products and of obtaining
funds thereof from pork producers and that the regulation of such
activity (other than a regulation or requirement relating to a matter
of public health or the provision of State or local funds for such
activity) that is in addition to or different from the Act may not be
imposed by a State.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under Sec. 1625 of the Act, a
person subject to an order may file a petition with the United States
Department of Agriculture (USDA) stating that such order, a provision
of such order or an obligation imposed in connection with such order is
not in accordance with the law; and requesting a modification of the
order or an exemption from the order. Such person is afforded the
opportunity for a hearing on the petition. After the hearing, the USDA
would rule on the petition. The Act provides that the district court of
the United States in the district in which a person resides or does
business has jurisdiction to review the USDA's determination, if a
complaint is filed no later than 20 days after the date such person
receives notice of such determination.
Executive Order 13175
This final rule has also been reviewed under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments. E.O.
13175 requires Federal agencies to consult and coordinate with tribes
on a government-to-government basis on: (1) policies that have tribal
implication, including regulation, legislative comments, or proposed
legislation; and (2) other policy statements or actions that have
substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes. The Agricultural Marketing Service (AMS)
has assessed the impact of this final rule on Indian tribes and
determined that this rule will not have tribal implications that
require consultation under E.O. 13175. AMS participates on
teleconference with tribal leaders where matters of mutual interest
regarding the marketing of agricultural products are discussed.
Information about the changes to the assessment rate will be relayed
through a notice to trade. AMS will work with the USDA, Office of
Tribal Relations to ensure meaningful consultation is provided as
needed with regards to the final rule.
Regulatory Flexibility Act and Paperwork Reduction Act
This action was reviewed under the Regulatory Flexibility Act (5
United States Code (U.S.C.) 601 et seq.) in the Order initially
published in the September 5, 1986, issue of the Federal Register (51
FR 31898). The AMS Administrator determined at that time that the Order
would not have significant economic impact on a substantial number of
small entities; therefore, a regulatory impact analysis was not
required. The Census of Agriculture reports that 64,871 U.S. farms
produced hogs and pigs in 2017. Many of those farms are likely to be
classified as small business by having total sales less than the $3.5
million threshold set by the Small Business Administration (SBA)
definition (13 CFR 121.201). AMS does not believe that this rule change
will have a significant or differential economic impact on small
producers because total assessments paid are proportionate to the value
of hogs sold by a producer.
This final rule decreases the rate of the assessment from 0.40
percent of the market value of porcine animals to 0.35 percent and
decreases the amount of assessment per pound due on imported pork and
pork products. While domestic assessments are only made to live porcine
animals, assessments on
[[Page 66536]]
imports are made to both live animal imports and post-slaughter pork
and pork products. This update to the regulations updates assessments
on the imported product based on the Harmonized Tariff Schedule (HTS)
to bring the equivalent market value of live animals from which
imported pork and pork products are derived in line with the market
value of domestic porcine animals.
From 2018 to 2020, total checkoff revenue ranged from $72.3 million
to $77.6 million. In that time, 95.6 percent of all revenue was from
domestic sales and 4.4 percent was derived from assessments on imported
hogs and pork products. Of domestic revenue, 98.6 percent was derived
from market hogs and 1.4 percent was derived from feeder hogs. In 2021,
total checkoff revenue increased approximately 41 percent to $103.6
million, an increase primarily reflecting the 47 percent increase in
live hog prices.\1\ Despite the price increase, both the share of all
revenue derived from imports and the share of domestic revenue derived
from live hogs was mostly unchanged in 2021 relative to previous years.
---------------------------------------------------------------------------
\1\ Specifically, the Barrow and Gilt National Base Live
Equivalent Price (51-52% Lean) rose from its 2018-20 average of
$45.7 to $67.29 per cwt.
---------------------------------------------------------------------------
The assessment decrease reduces annual funding of the promotion,
research, and consumer information program by an estimated $13.5
million under the assumption that 2021 market conditions persist. This
decrease reflects both a $12.3 million reduction in domestic
assessments stemming from the 12.5 percent decrease in the rate of
assessment for live hogs (i.e., the change from 0.40 to 0.35 percent
assessment for live weight hogs), which totaled $98.4 million in 2021
and a $1.2 million reduction in importer assessments.
In 2021, the gross market value of all swine marketed in the United
States was approximately $27 billion. The assessment decrease reflects
the Delegate Body's desire to lessen the assessment burden on producers
and make such funds available to pork producers and the industry. The
expected benefit of the rule change is savings of $13.5 million in
assessments that would have been paid under the existing rule. The
expected cost of the rule is the potential loss of returns accruing to
the industry from promotion, research, and consumer information
programs paid for by the National Pork Board using assessment funds.
While these programs have been shown to earn positive returns in
academic studies when considering pre-2021 data, the sharp 2021
increase in assessment revenue is likely to create diminishing marginal
returns to advertising. \2\ However, even with the reduction in
assessment rates, total program funds will have still increased
significantly above 2020 levels owing to the ongoing increase in price
levels, assuming the general market conditions of 2021 persist. For
these reasons, the economic impact of the assessments is not expected
to be a significant part of the total market value of swine.
Accordingly, the AMS Administrator determined that this action will not
have a significant economic impact on substantial number of small
entities.
---------------------------------------------------------------------------
\2\ Kaiser, Harry M. ``An Economic Analysis of the National Pork
Board Checkoff Program'' Publication of the National Pork Board,
January 2022
---------------------------------------------------------------------------
The information collection requirements have been previously
approved by the OMB and have been assigned OMB control number 0581-
0093. Reapproval for the information collection will not be necessary
since the rate assessment does not substantially change the assessment
collection process.
The Act (7 U.S.C. 4801-4819), enacted on December 23, 1985,
authorized the establishment of a national pork promotion, research,
and consumer information program. The final Order at 7 CFR part 1230
establishing a pork promotion, research, and consumer information
program was published in the September 5, 1986, issue of the Federal
Register (51 FR 31898; as corrected, at 51 FR 36383 and amended at 53
FR 1909, 53 FR 30243, 56 FR 4, 56 FR 51635, 60 FR 29962, 61 FR 28002,
62 FR 26205, 63 FR 45935, 64 FR 44643, 66 FR 67071, 67 FR 58320, and 69
FR 9924) and assessments began on November 1, 1986. The program was
funded by an initial assessment rate of 0.25 percent of the market
value of all porcine animals marketed in the United States and on
imported porcine animals with an equivalent assessment on pork and pork
products. However, that rate was increased to 0.35 percent effective
December 1, 1991 (56 FR 51635) and to 0.45 percent effective September
3, 1995 (60 FR 29962). Further, the rate was decreased to 0.40 percent
effective September 30, 2002 (67 FR 58320). The import assessments were
decreased by five-hundredths to seven-hundredths of a cent per pound
effective April 2, 2004, to reflect a decrease in the 2002 average
price for domestic barrows and gilts (69 FR 9924). The total annual
assessment rate collected in 2021 was $103.6 million. Assessments on
imported pork and pork products accounted for about $4.5 million of the
total.
The Order requires that producers pay to the National Pork Board an
assessment of 0.40 percent of the market value of each porcine animal
upon sale (7 CFR 1230.112). However, for purposes of collecting and
remitting assessments, porcine animals are divided into three separate
categories (1) feeder pigs, (2) slaughter hogs, and (3) breeding stock.
Regulations under 7 CFR 1230.71 specifies that purchasers of feeder
pigs, slaughter hogs, and breeding stock shall collect an assessment on
these animals if assessments are due. Section 1230.71(b) of the Order
further provides that for the purpose of collecting and remitting
assessments persons engaged as a commission merchant, auction market,
or livestock market in the business of receiving such porcine animals
for sale on commission for or on behalf of a producer shall be deemed
to be a purchaser.
Section 1230.110(a) requires importers of porcine animals to pay
U.S. Customs Service (USCS), upon importation, the assessment of 0.40
percent of the porcine animal's declared value and importers of pork
and pork products to pay USCS, upon importation, the assessment of 0.40
percent of the market value of the live porcine animals from which such
pork and pork products were produced.
The Act and Order contain provisions for adjusting the rate of
assessment. The Delegate Body has the responsibility to recommend the
rate of assessment to the Department. The 2022 Delegate Body, at its
annual meeting March 9-11, 2022, in Louisville, Kentucky, voted to
recommend to the USDA the rate of assessment of 0.40 percent be
decreased to 0.35 percent. In 2022, the Secretary appointed 155 members
to serve on the Delegate Body, including 150 producers and 5 importers.
At the Delegate Body annual meeting, 145 Delegates were present
representing 101,017.5 valid share votes. There were 98,797.6 share
votes cast following floor debate of the resolution for the rate
assessment reduction. There were 93,151.3 share votes cast in favor of
the 0.05 percent decrease in checkoff rate assessment. A simple
majority of share votes is required to pass the resolution (7 CFR
1230.36). The assessment rate decrease also applies to the amount of
assessment on imported pork and pork products pursuant to the 7 CFR
1230.110.
Methodology and Analysis
AMS weighed the costs and benefits of the change in pork assessment
rates, acknowledging the role the Delegate Body plays in the
disposition of funds and its insight into the effect of an
[[Page 66537]]
assessment decrease. The cost of the assessment reduction is the
reduced funds available for research, promotion and consumer
information of pork and pork products and activities that strengthen
and increase demand for lives hogs sold by producers paying the
assessment. Economic research has shown that such research and
promotion programs generally yield positive net returns to producers, a
finding confirmed in the National Pork Board's own commissioned
evaluation of the program based on data through 2020. While this
finding would initially suggest that a reduction in the assessment
would reduce returns to pork producers (and thus fails a cost benefit
analysis test), AMS notes the sharp increase in pork prices in the
intervening period as a mitigating factor to relying solely on that
study.
Between 2018 and 2020, the national barrows and gilt national base
live weight equivalent price for 51-51% lean hogs was $45.69 per cwt on
a slaughter of 131.5 million head. In 2021, the price rose 47% to
$67.29 per cwt while slaughter only fell 2 percent to 129.0 million
head. Together, these changes have caused checkoff revenue to increase
41 percent between 2020 and 2021. While the reduced assessment will
lower expected assessment revenue in future years from 2021, AMS still
expects revenue to be greater than the 2018-2020 average in 2022 and in
future years owing to the expected continuation of elevated prices.
In its assessments of the costs of the final rule, AMS assumed that
demand for hogs and pork products is unchanged in the short run by any
reduction in promotion expenditure that may result from the reduced
assessment. As such, AMS finds there will be no cost to the final rule
change in terms of reduced demand for pork. AMS notes that research and
promotion spending is likely to exhibit diminishing marginal returns,
meaning that the large increase in promotion expenditure from the 2021
increase in assessment revenue is unlikely to generate economic returns
as those returns estimated from data in earlier periods, which started
at a lower level.\3\ AMS also notes that the National Pork Board,
subject to the Secretary's approval, determines specifically how
assessment revenue is spent to promote pork consumption and enhance
demand. Subsequently, the National Pork Board is also likely to know
the point at which the highest return promotional opportunities have
been exhausted and that additional advertising becomes ineffective.
Based on its independent analysis of market trends and the research on
returns to the pork checkoff program, AMS agrees that this reduction in
assessment rate will effectuate the purposes of the Act.
---------------------------------------------------------------------------
\3\ In the 2021 publication ``An Economic Analysis of the
National Pork Board Checkoff Program'', Kaiser finds that benefit-
cost ratios (BCR) for expenditure components of pork assessments to
range from 71.58 to 1.37 using data from 1976 to 2020. At the lower
bound of that range, the 1.37 BCR value indicates that a dollar
invested in promotion raises returns to producer by 1.37. That
research also finds that the 90 percent lower bound for the marginal
benefit-cost ratio is less one for the category of demand enhancing
research (indicating negative producer returns) and between 5 and 7
for pork advertising and non-advertising promotion. These estimates,
however, only consider the effects of changing program expenditure
by 1 percent. AMS believes that for some promotional activities
funded by the checkoff the BCR may fall below one if expenditure
increases by 41 percent as it did in 2021.
---------------------------------------------------------------------------
AMS notes that total assessment revenue is expected to remain above
the 2020 level despite the assessment rate reduction. On this point,
AMS calculated the total reduction in assessment revenue as the sum of
the reduction in domestic and foreign revenue. Between 2018 and 2020,
about 95.6 percent of assessment revenue was from domestic assessments
on live hogs, most of which are market hogs although all types of hogs
pay the same assessment rate. AMS estimated the reduction in domestic
revenue of $12.3 by multiplying 2021 domestic revenue level of $97.3
million by the 12.5 percent reduction in the rate of assessment (i.e.,
the change in the assessment rate from 0.4 to 0.35 dollars per hundred
weight.)
AMS estimated the reduction in import assessment revenue using
trade data available from the USDA Foreign Agricultural Service. This
data shows that approximately 49 percent of assessment revenue from
imports in 2021 was derived from live hog assessments, which, like
domestic hogs, will see a 12.5 percent reduction in the rate of
assessment. The remaining 51 percent of pork and processed pork
products will see variable decreases in the rate of assessments, all of
which are larger in magnitude than the 12.5 percent in the live hog
rate. AMS calculated the average rate reduction for these pork and
processed products to be 38.6 percent based on each product's average
value share of imports between 2019 and 2021. AMS then calculated a
change in the rate of all import assessments of 25.9 percent,
calculated as the sum of the 49 percent revenue share for live hogs
times the 12.5 assessment reduction plus the 51 percent revenue share
for pork products times the 38.6 percent reduction. Applying the
average rate of assessment to the $4.53 million in assessment revenue
from imports in 2021, AMS found that import revenue will fall by $1.2
million.
The adjustment in importer assessments will bring the equivalent
market value of live animals from which imported pork and pork products
are derived in line with the market value of domestic porcine animals.
Since the original rule was put in place, the wholesale-to-farm price
spread for pork has increased from 38.7 percent in 2002 to 74 percent
between 2019 and 2021, as report by the USDA Economic Research Service.
Other things equal, a widening price spread will cause assessments on
finished wholesale products to increase relative to hogs. This rule
reduces the assessment rate for imported processed products by 38.6
percent on average but only 12.5 percent for live hogs.
This is not the first reduction in assessment rate for this
program. As mentioned above, the program was funded by an initial
assessment rate of 0.25 percent. The rate was increased to 0.35 percent
effective December 1, 1991 (56 FR 51635) and then to 0.45 percent
effective September 3, 1995 (60 FR 29962). Further, the rate was
decreased to 0.40 percent effective September 30, 2002 (67 FR 58320).
The import assessments were decreased by five-hundredths to seven-
hundredths of a cent per pound effective April 2, 2004, to reflect a
decrease in the 2002 average price for domestic barrows and gilts (69
FR 9924).
From 2012 to current, working off a comparable rate decrease, the
Board has continued to build industry initiatives that have long-term
return on investment impact for pork producers. Over the years, the
Board has initiated several major projects that continue to add value
to the industry regardless of budget such as building trust and adding
value through a positive image of US Pork, establishing US Pork as the
global leader in sustainability agriculture, preventing and preparing
for foreign animal diseases, and strengthening state and industry
partnerships to build support that keeps people, pigs and the planet as
leading fundamentals. Even with the rate reduction, AMS has no reason
to believe that the Board cannot effectively continue its goal to
develop and expand markets for pork and pork products by funding
promotion, research, and consumer information initiatives.
Further, over the past 10 years the National Pork Board has
averaged producer checkoff revenue of $80.6 million. Even with an
estimated $13.5 million ($12.3 million of that decrease
[[Page 66538]]
deriving from reduced domestic assessments and $1.2 million deriving
from reduced importer assessments) reduction in assessment revenue, the
total assessment revenue will continue to fall above the last 10-year
average assessment revenue.
AMS assumes that the reduction in promotional spending from the new
rates will have a negligibly small effect on demand, especially given
the still substantial increase in promotion spending above historic
levels. For this reason, the costs of the rule will be small as well.
The benefits of the rule, however, will be the direct saving to
producers of $13.5 million in reduced assessment payments. Together,
AMS assesses that the benefits to this rule change will exceed its
costs.
Comments
The proposed rule describing the decrease in rate of assessment of
market value of live porcine animals and assessment per pound due on
imported pork and pork products was published on July 20, 2022, in the
Federal Register (87 FR 43222). The 30-day public comment period closed
on August 19, 2022. The Department received a total of 3 comments. Two
comments did not support the rate decrease but instead recommended
switching to plant-based farming or diet. The third comment was
submitted by 27 state associations supporting the assessment rate
decrease and encouraging the Final Rule be effective January 1, 2023,
to allow appropriate time to adjust processes for collecting checkoff
funds.
USDA carefully considered the comments and the recommendation of
the Delegate Body and determined that a decrease in the assessment rate
would effectuate the purposes of the Act. This action lessens the
assessment burden on producers and importers. The effective date of
January 1, 2023 gives the Board ample time to communicate this change
and will not burden those that remit pork checkoff assessments. This
final rule adopts the decrease in the assessment rate from 0.40 percent
of market value of porcine animals to 0.35 percent as proposed and
decreases the amount of assessment per pound due on imported pork and
pork products.
List of Subjects in 7 CFR Part 1230
Administrative practice and procedure, Advertising, Agriculture
research, Meat and meat products, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, the Agricultural
Marketing Service amends 7 CFR part 1230 as follows:
PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION
0
1. The authority citation for 7 CFR part 1230 continues to read as
follows:
Authority: 7 U.S.C. 4801-4819.
0
2. Section 1230.110 is revised to read as follows:
Sec. 1230.110 Assessments on imported pork and pork products.
(a) The following Harmonized Tariff Schedule (HTS) categories of
imported live porcine animals are subject to assessment at the rate
specified.
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Article
Live porcine animals description Assessment
------------------------------------------------------------------------
0103.10.0000.................... Purebred breeding 0.35 percent
animals. Customs Entered
Value.
0103.91.00...................... Other: Weighing
less than 50 kg
each.
0103.91.0010.................... Weighing less than 0.35 percent
7 kg each. Customs Entered
Value.
0103.91.0020.................... Weighing 7 kg or 0.35 percent
more but less Customs Entered
than 23 kg each. Value.
0103.91.0030.................... Weighing 23 kg or 0.35 percent
more but less Customs Entered
than 50 kg each. Value.
0103.92.00...................... Weighing 50 kg or
more each.
0103.92.0010.................... Imported for 0.35 percent
immediate Customs Entered
slaughter. Value.
0103.92.0090.................... Other............. 0.35 percent
Customs Entered
Value.
------------------------------------------------------------------------
(b) The following HTS categories of imported pork and pork products
are subject to assessment at the rates specified.
Table 2 to Paragraph (b)
----------------------------------------------------------------------------------------------------------------
Assessment
Pork and pork products Article description -------------------------------
Cents/lb Cents/kg
----------------------------------------------------------------------------------------------------------------
0203....................................... Meat of swine, fresh, chilled, or frozen: Fresh or chilled:
--------------------------------------------------------------------
0203.11.0000............................... Carcasses and half-carcasses....... 0.15 0.390920
0203.12.1010............................... Processed hams and cuts thereof, 0.15 0.390920
with bone in.
0203.12.1020............................... Processed shoulders and cuts 0.15 0.390920
thereof, with bone in.
0203.12.9010............................... Other hams and cuts thereof, with 0.15 0.390920
bone in.
0203.12.9020............................... Other shoulders and cuts thereof, 0.15 0.390920
with bone in.
0203.19.2010............................... Processed spare ribs............... 0.18 0.457058
0203.19.2090............................... Processed other.................... 0.18 0.457058
0203.19.4010............................... Bellies............................ 0.15 0.390920
0203.19.4090............................... Other.............................. 0.15 0.390920
0203.21.0000............................... Frozen carcasses and half-carcasses 0.15 0.390920
0203.22.1000............................... Frozen-processed hams, shoulders, 0.15 0.390920
and cuts thereof, with bone in.
0203.22.9000............................... Frozen-other hams, shoulders, and 0.15 0.390920
cuts thereof, with bone in.
0203.29.2000............................... Frozen processed other............. 0.18 0.457058
0203.29.4000............................... Frozen other:...................... 0.15 0.390920
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[[Page 66539]]
0206....................................... Edible offal of bovine animals, swine, sheep, goats, horses, asses,
mules or hinnies, fresh, chilled, or frozen:
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0206.30.0000............................... Of swine, fresh or chilled......... 0.15 0.390920
0206.41.0000............................... Of swine, frozen: Livers........... 0.15 0.390920
0206.49.0000............................... Of swine, frozen: Other:........... 0.15 0.390920
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0210....................................... Meat and edible meat offal, salted, in brine, dried or smoked;
edible flours and meals of meat or meat offal:
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0210.11.0010............................... Meat of swine: Hams and cuts 0.15 0.390920
thereof, with bone in.
0210.11.0020............................... Meat of swine: Shoulders and cuts 0.15 0.390920
thereof, with bone in.
0210.12.0020............................... Meat of swine: Bellies (streaky) 0.15 0.390920
and cuts thereof, Bacon.
0210.12.0040............................... Meat of swine: Bellies (streaky) 0.15 0.390920
and cuts thereof, Other.
0210.19.0010............................... Meat of swine: Canadian style bacon 0.18 0.457058
0210.19.0090............................... Meat of Swine: Other............... 0.18 0.457058
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1601....................................... Sausages and similar products, of meat, meat offal or blood; food
preparations based on these products:
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1601.00.2010............................... Pork canned........................ 0.23 0.567288
1601.00.2090............................... Pork other......................... 0.23 0.567288
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1602....................................... Other prepared or preserved meat, meat offal or blood:
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1602.41.2020............................... Of swine: Boned and cooked and 0.25 0.611380
packed in airtight containers
holding less than 1 kg.
1602.41.2040............................... Of swine: Other boned and cooked 0.25 0.611380
and packed in airtight containers.
1602.41.9000............................... Of swine: Other.................... 0.15 0.390920
1602.42.2020............................... Of swine: Shoulders and cuts 0.25 0.611380
thereof: Boned and cooked and
packed in airtight containers
holding less than 1 kg.
1602.42.2040............................... Of swine: Shoulders and cuts 0.25 0.611380
thereof: Other boned and cooked
and packed in airtight containers.
1602.42.4000............................... Of swine: Other shoulders and cuts 0.15 0.390920
thereof.
1602.49.2000............................... Of swine: Other, including 0.23 0.567288
mixtures: Not containing cereals
or vegetables: Boned and cooked
and packed in air-tight containers.
1602.49.4000............................... Of swine: Other, including 0.18 0.457058
mixtures: Not containing cereals
or vegetables: Other.
1602.49.9000............................... Of swine: Other, including 0.18 0.457058
mixtures: Other.
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0
3. Section 1230.112 is revised to read as follows:
Sec. 1230.112 Rate of assessment.
In accordance with Sec. 1230.71(d), the rate of assessment shall
be 0.35 percent of market value.
Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2022-23762 Filed 11-3-22; 8:45 am]
BILLING CODE P