Title VII of Public Law
109-177 > Spot Market
ANNOUNCEMENT
Temporary Stay of Provisions
Stayed until: June 8, 2007
Note: On Tuesday, May 22, 2007, the Drug
Enforcement Administration published a rule in the Federal Register
temporarily staying certain provisions of the Interim Final Rule with
Request for Comment "Implementation of the Combat Methamphetamine
Epidemic Act of 2005; Notice of Transfers Following Importation or
Exportation" [Docket No. DEA-292, RIN 1117AB06].
On April 9, 2007, the Drug Enforcement Administration (DEA)
published an Interim Final Rule with Request for Comment in the Federal
Register "Implementation of the Combat Methamphetamine Epidemic Act
of 2005; Notice of Transfers following Importation or Exportation"
[Docket No. DEA-292; RIN 1117-AB06](72 FR 17401) implementing the
provisions of section 716 of the Combat Methamphetamine Epidemic Act of
2005 (CMEA) (21 U.S.C. §971 as amended), enacted March 9, 2006, which
required additional reporting for import, export, and international transactions
involving all List I and List II chemicals.
Subsequent to publication of the Interim Final Rule, DEA
received several requests for a delay of the effective date of the rule.
Requestors indicated they needed more time to fully comply with the
provisions of the Interim Final Rule.
After careful consideration of the concerns expressed by
the regulated industry, DEA is temporarily staying certain provision of
the Interim Final Rule with Request for Comment published April 9, 2007.
Specially, DEA is temporarily staying the following provisions:
-
The waiver of the 15-day advance notification
requirement for importations of a listed chemical for which the
importer intends to transfer the listed chemical to a person who is
a regular customer of the chemical;
-
The requirement that importers, exporters, brokers
and traders notify DEA of the transferee of the listed chemical;
-
The requirement that importers, exporters, brokers
and traders amend the advance notification (DEA Form 486) if the
transferee changes or the quantity of the chemical to be transferred
increases; and
-
The requirement that importions, exportations, and
international transactions with DEA.
These provisions are being temporarily stayed until June
8, 2007.
This temporary stay applies only to those provisions
implemented by section 716 of the CMEA. All other provisions regarding
the importation, exportation, and international transactions involving
List I and List II chemicals remain in full force and effect.
Implementation of the Interim Final Rule published
April 9, 2007.
The following implementation guidance is provided
pursuant to the temporary stay of 21
CFR §§ 1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 1313.26, 1313.27,
1313.32.(d), 1313.32(e), and 1313.35.
Effective June 8, 2007, all United States importers,
exporters, brokers and traders of List I and List II chemicals must use
the revised DEA Form 486 to notify DEA of their imports, exports, and
international transactions. This revised form is available on the
Diversion control Program web site, http://www.deadiversion.usdoj.gov.
Persons who submit import, export, and international transaction
advance notification to DEA on the new form prior to June 8, 2007, are
not required to provide a return declaration to DEA regarding those
transactions.
Effective June 8, 2007, all person previously granted
regular importer status will no longer hold that status. Every import of
a list I and List II chemical must be reported to DEA not later than 15
days prior to the proposed importation. this report must include the
name of the person to whom the chemical is proposed to be transferred
and the amount of the chemical proposed to be transferred. As DEA
discussed in the April 9, 2007 Interim Final Rule, DEA will evaluate
each proposed importation based not only on the chemical to be imported
but on the transferee information supplied by the importer as well. This
process will allow for the establishment of regular customer status by
transferees of United States importers, and for establishment of regular
importer status by importers importing a specific listed chemical
intended for sale to a specific customer.
Effective June 8, 2007 all persons importing, exporting,
and conducting international transactions involving List I and List II
chemicals must provide return declarations to DEA.
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