AMS Reopens Comments on Xmas Tree Proposed Order & Fees
The Agricultural Marketing Service is reopening the comment period on its proposed rule to establish a Christmas Tree Promotion, Research, and Information Order and program to be financed by an assessment (fee or tax) on producers and importers of fresh cut Christmas trees.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
AMS is also reopening the comment period on its proposed rule on the referendum procedures.
AMS is providing an additional 15 days for comments on the proposed rules, until March 9, 2011. (The original comment periods closed on February 7, 2011.)
(The proposed Order would provide for the development and financing of a coordinated program of research, promotion, and information for Christmas trees. According to those who requested1 the order, the industry faces increased competition and changes in consumer habits, as the market for artificial trees has greatly expanded.)
Congressman, Growers Needed More Time to Comment
AMS notes that it was contacted by a congressman and received several letters from North Carolina growers requesting the comment period be reopened to allow additional time to submit their comments. The growers also expressed that the comment period was open during their busiest time of the year.
Therefore AMS is reopening the comment period an additional 15 days to allow interested persons more time to review the proposed rule, perform a complete analysis, and submit written comments.
Highlights of Proposed Rule
The following are highlights of BP’s previous summary detailing the proposed rule (See ITT’s Online Archives or 11/09/11 news, 10110917, for that earlier summary):
Order and fee would only take effect if approved by referendum. A referendum would be held among eligible domestic producers and importers to determine if they favor the program prior to it going into effect. The program would be implemented if approved by a simple majority of the eligible domestic producers and importers voting in the referendum.
Initial fee would be 15 cents per tree. Producers and importers of fresh cut Christmas trees would pay an initial fee of $0.15 per tree. The fee could not increase or decrease by more than 2 cents per Christmas tree during the fiscal period and could not exceed 20 cents per Christmas tree.
Small quantities, organic trees would be exempt. Producers and importers who domestically produce or import less than 500 Christmas trees annually would be exempt from the fee.
In addition, producers who only produce (or importers who only import) Christmas trees that are eligible to be labeled as 100% organic under the National Organic Program (NOP) system plan and are not split operations would be exempt from paying the fee.
Fee would be assessed by CBP or paid to Board 30 days after import. Each importer of Christmas trees would pay the fee through U.S. Customs and Border Protection. If CBP does not collect a fee from an importer, the importer would be responsible for paying the assessment directly to the Christmas Tree Promotion Board 30 calendar days after importation.
1The Order was requested by the Christmas Tree Checkoff Task Force, an industry wide group of producers and importers that support the proposed program.
(See ITT’s Online Archives or 11/09/10 news, 10110917, for BP summary of the proposed order.)
AMS contact - Patricia Petrella (301) 334--2891
(D/N AMS-FV-10-0008-PR-1A, FR Pub 02/22/11)