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 website, 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.
o:041107, u: 052407