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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations seven foreign producers. First handler Board members must receive 500,000
pounds or more mangos annually from producers, and importer Board members must import 500,000 pounds or more mangos annually. The chairperson shall reside in the United States and the Board office shall also be located in the United States.
b Importer districts. Board seats for importers of mangos shall be allocated based on the volume of mangos imported into the Customs Districts identified by their name and Code Number as defined in the Harmonized Tariff Schedule of the United States.
Two seats shall be allocated for District I, three seats for District II, two seats for District III, and one seat for District IV.
1 District I includes the Customs Districts of Portland, ME 01, St.
Albans, VT 02, Boston, MA 04, Providence, RI 05, Ogdensburg, NY
07, Buffalo, NY 09, New York City, NY 10, Philadelphia, PA 11, Baltimore, MD 13, Norfolk, VA 14, Charlotte, NC 15, Charleston, SC 16, Savannah, GA 17, Tampa, FL 18, San Juan, PR 49, Virgin Islands of the United States 51, Miami, FL 52 and Washington, DC 54.
2 District II includes the Customs Districts of Mobile, AL 19, New Orleans, LA 20, Port Arthur, TX 21, Laredo, TX 23, Minneapolis, MN 35, Duluth, MN 36, Milwaukee, WI 37, Detroit, MI 38, Chicago, IL 39, Cleveland, OH 41, St. Louis, MO 45, Houston, TX 53, and Dallas-Fort Worth, TX 55.
3 District III includes the Customs Districts of El Paso, TX 24, Nogales, AZ 26, Great Falls, MT 33, and Pembina, ND 34.
4 District IV includes the Customs Districts of San Diego, CA 25, Los Angeles, CA 27, San Francisco, CA
28, Columbia-Snake, OR 29, Seattle, WA 30, Anchorage, AK 31, and Honolulu, HI 32.

7. Amend 1206.31 by:
a. revising paragraph e, b. removing paragraphs h through j, and c. redesignating paragraph k as paragraph h.
The revision reads as follows:

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1206.31

Nominations and appointments.

e Nominees to fill the mango importer positions on the Board shall be solicited from all known importers of mangos. The members from each district shall select the nominees for two positions on the Board. Two nominees shall be submitted for each position.

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The nominees shall be placed on a ballot which will be sent to mango importers in the districts for a vote. For each position, the nominee receiving the highest number of votes and the nominee receiving the second highest number of votes shall be submitted to the Department as the importers first and second choice nominees.

8. Revise 1206.32 to read as follows:
1206.32

Term of office.

The term of office for first handler, importer, domestic producer, and foreign producer members of the Board will be three years. Members may serve a maximum of two consecutive threeyear terms. Each term of office will end on December 31, with new terms of office beginning on January 1.
9. In 1206.34, revise paragraph a to read as follows:
1206.34

Procedure.

a At a Board meeting, it will be considered a quorum when at least ten voting members are present.

10. In 1206.42, revise paragraphs b, c, and d to read as follows:
1206.42

Assessments.

b Assessment rate. The assessment rate on mangos shall be three quarters of a cent $0.0075 per pound or $0.0165 per kg. The assessment rates will be reviewed periodically and may be modified by the Board with the approval of the Department.
c Domestic mangos. First handlers of domestic mangos are required to pay assessments on all mangos handled for the U.S. market. This includes mangos of the first handlers own production.
d Imported mangos. Each importer of mangos shall pay an assessment to the Board through Customs on mangos imported for marketing in the United States.
1 The import assessment shall be uniformly applied to imported mangos that are identified by the numbers in the 0804.50.4045, 0804.50.4055, 0804.50.6045, and 0804.50.6055
Harmonized Tariff Schedule HTS of the United States and shall be the same or equivalent to the rate of mangos produced in the United States.
2 In the event that any HTS number subject to assessment is changed and such change is merely a replacement of a previous number and has no impact on the description of mangos, assessments will continue to be collected based on the new numbers.
3 The assessments due on imported mangos shall be paid when they enter
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or are withdrawn for consumption in the United States.

11. In 1206.43, revise paragraphs a and b to read as follows:
1206.43

Exemptions.

a Any first handler or importer of less than 500,000 pounds of mangos per calendar year may claim an exemption from the assessments required under 1206.42. First handlers of mangos produced domestically and first handlers who export mangos from the United States may annually claim an exemption from the assessments required under 1206.42.
b A first handler or importer desiring an exemption shall apply to the Board, on a form provided by the Board, for a certificate of exemption. A first handler must certify that it will receive less than 500,000 pounds of domestic mangos during the fiscal period for which the exemption is claimed. An importer must certify that it will import less than 500,000 pounds of mangos for the fiscal period for which the exemption is claimed.

12. In 1206.101, revise paragraphs c, d, and e to read as follows:
1206.101

Definitions.

c Eligible first handler means any person, excluding a common or contract carrier, receiving 500,000 or more pounds of mangos from producers in a calendar year and who as owner, agent, or otherwise ships or causes mangos to be shipped as specified in this Order. This definition includes those engaged in the business of buying, selling and/or offering for sale;
receiving; packing; grading; marketing;
or distributing mangos in commercial quantities. The term first handler includes a producer who handles or markets mangos of the producers own production.
d Eligible importer means any person importing 500,000 or more pounds of mangos into the United States in a calendar year as a principal or as an agent, broker, or consignee of any person who produces or handles mangos outside of the United States for sale in the United States, and who is listed as the importer of record for such mangos that are identified in the Harmonized Tariff Schedule of the United States by the numbers 0804.50.4045, 0804.50.4055, 0804.50.6045, and 0804.50.6055 during the representative period. Importation occurs when mangos originating outside of the United States are released from
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