[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2003 Edition]
[Title 7 - AGRICULTURE]
[Subtitle B - Regulations of the Department of Agriculture (Continued)]
[Chapter III - ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF]
[Part 319 - FOREIGN QUARANTINE NOTICES]
[Subpart - Logs, Lumber, and Other Unmanufactured Wood Articles]
[From the U.S. Government Printing Office]
7AGRICULTURE52003-01-012003-01-01falseLogs, Lumber, and Other Unmanufactured Wood ArticlesSubpartAGRICULTURERegulations of the Department of Agriculture (Continued)ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OFFOREIGN QUARANTINE NOTICES
Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles
Source: 60 FR 27674, May 25, 1995, unless otherwise noted.
Sec. 319.40-1 Definitions.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service, United States Department of Agriculture, or any
employee of the United States Department of Agriculture delegated to act
in his or her stead.
APHIS. The Animal and Plant Health Inspection Service, United States
Department of Agriculture.
Bark chips. Bark fragments broken or shredded from log or branch
surfaces.
Certificate. A certificate of inspection relating to a regulated
article, which is issued by an official authorized by the national
government of the country in which the regulated article was produced or
grown, which contains a description of the regulated article, which
certifies that the regulated article has been inspected, is believed to
be free of plant pests, and is believed to be eligible for importation
pursuant to the laws and regulations of the United States, and which may
contain any specific additional declarations required under this
subpart.
Compliance agreement. A written agreement between APHIS and a person
engaged in processing, handling, or moving regulated articles, in which
the person agrees to comply with requirements contained in the
agreement.
Departmental permit. A document issued by the Administrator
authorizing the importation of a regulated article for experimental,
scientific, or educational purposes.
Exporter statement. A written declaration by the exporter,
accompanying a shipment at the time of importation, declaring the nature
of the shipment and that the shipment contains no solid wood packing
material.
Fines. Small particles or fragments of wood, slightly larger than
sawdust, that result from chipping, sawing, or processing wood.
Free from rot. No more than two percent by weight of the regulated
articles in a lot show visual evidence of fructification of fungi or
growth of other
[[Page 264]]
microorganisms that cause decay and the breakdown of cell walls in the
regulated articles.
General permit. A written authorization contained in Sec. 319.40-3
for any person to import the articles named by the general permit, in
accordance with the requirements specified by the general permit,
without being issued a specific permit.
Humus, compost, and litter. Partially or wholly decayed plant
matter.
Import (imported, importation). To bring or move into the
territorial limits of the United States.
Importer document. A written declaration signed by the importer of
regulated articles, which must accompany the regulated articles at the
time of importation, in which the importer accurately declares
information about the regulated articles required to be disclosed by
Sec. 319.40-2(b).
Importer statement. A written declaration by the importer, for a
shipment containing solid wood packing material from the Peoples
Republic of China including Hong Kong, affirming that the importer has
on file at his or her office the certificate required under Sec. 319.40-
5(g)(2)(i).
Inspector. Any individual authorized by the Administrator to enforce
this subpart.
Log. The bole of a tree; trimmed timber that has not been sawn
further than to form cants.
Loose wood packing material. Excelsior (wood wool), sawdust, and
wood shavings, produced as a result of sawing or shaving wood into
small, slender, and curved pieces.
Lot. All the regulated articles on a single means of conveyance that
are derived from the same species of tree and were subjected to the same
treatments prior to importation, and that are consigned to the same
person.
Lumber. Logs that have been sawn into boards, planks, or structural
members such as beams.
Permit. A specific permit to import a regulated article issued in
accordance with Sec. 319.40-4, or a general permit promulgated in
Sec. 319.40-3.
Plant pest. Any living stage of any insects, mites, nematodes,
slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi,
other parasitic plants or reproductive parts of parasitic plants,
noxious weeds, viruses, or any organism similar to or allied with any of
the foregoing, or any infectious substances, which can injure or cause
disease or damage in any plants, parts of plants, or any products of
plants.
Port of first arrival. The area (such as a seaport, airport, or land
border station) where a person or a means of conveyance first arrives in
the United States, and where inspection of regulated articles is carried
out by inspectors.
Primary processing. Any of the following processes: cleaning
(removal of soil, limbs, and foliage), debarking, rough sawing (bucking
or squaring), rough shaping, spraying with fungicide or insecticide
sprays, and fumigation.
Regulated article. The following articles, if they are unprocessed
or have received only primary processing: logs; lumber; any whole tree;
any cut tree or any portion of a tree, not solely consisting of leaves,
flowers, fruits, buds, or seeds; bark; cork; laths; hog fuel; sawdust;
painted raw wood products; excelsior (wood wool); wood chips; wood
mulch; wood shavings; pickets; stakes; shingles; solid wood packing
materials; humus; compost; and litter.
Sealed container; sealable container. A completely enclosed
container designed for the storage or transportation of cargo, and
constructed of metal or fiberglass, or other rigid material, providing
an enclosure which prevents the entrance or exit of plant pests and is
accessed through doors that can be closed and secured with a lock or
seal. Sealed (sealable) containers are distinct and separable from the
means of conveyance carrying them.
Solid wood packing material. Wood packing materials other than loose
wood packing materials, used or for use with cargo to prevent damage,
including, but not limited to, dunnage, crating, pallets, packing
blocks, drums, cases, and skids.
Specific permit. A written document issued by APHIS to the applicant
in accordance with Sec. 319.40-4 that authorizes importation of articles
in accordance with this subpart and specifies or refers to the
regulations applicable to the particular importation.
[[Page 265]]
Treatment Manual. The Plant Protection and Quarantine Treatment
Manual, which is incorporated by reference at Sec. 300.1 of this chapter
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Tropical hardwoods. Hardwood timber species which grow only in
tropical climates.
United States. All of the States of the United States, the District
of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin
Islands of the United States, and all other territories and possessions
of the United States.
Wood chips. Wood fragments broken or shredded from any wood.
Wood mulch. Bark chips, wood chips, wood shavings, or sawdust
intended for use as a protective or decorative ground cover.
[60 FR 27674, May 25, 1995, as amended at 63 FR 50110, Sept. 18, 1998;
63 FR 69542, Dec. 17, 1998; 65 FR 21127, Apr. 20, 2000]
Sec. 319.40-2 General prohibitions and restrictions; relation to other regulations.
(a) Permit required. Except for regulated articles exempted from
this requirement by paragraph (c) of this section or Sec. 319.40-3, no
regulated article may be imported unless a specific permit has been
issued for importation of the regulated article in accordance with
Sec. 319.40-4, and unless the regulated article meets all other
applicable requirements of this subpart and any requirements specified
by APHIS in the specific permit.
(b) Importer document; documentation of type, quantity, and origin
of regulated articles. Except for regulated articles exempted from this
requirement by paragraph (c) of this section or Sec. 319.40-3, no
regulated article may be imported unless it is accompanied by an
importer document stating the following information. A certificate that
contains this information may be used in lieu of an importer document at
the option of the importer:
(1) The genus and species of the tree from which the regulated
article was derived;
(2) The country, and locality if known, where the tree from which
the regulated article was derived was harvested;
(3) The quantity of the regulated article to be imported;
(4) The use for which the regulated article is imported; and
(5) Any treatments or handling of the regulated article required by
this subpart that were performed prior to arrival at the port of first
arrival.
(c) Regulation of articles imported for propagation or human
consumption. The requirements of this subpart do not apply to regulated
articles that are allowed importation in accordance with Sec. 319.19,
``Subpart--Citrus Canker and Other Citrus Diseases'', or Secs. 319.37
through 319.37-14, ``Subpart--Nursery Stock, Plants, Roots, Bulbs,
Seeds, and Other Plant Products''; or to regulated articles imported for
human consumption that are allowed importation in accordance with
Secs. 319.56 through 319.56-8, ``Subpart--Fruits and Vegetables.''
(d) Regulated articles imported for experimental, scientific or
educational purposes. Any regulated article may be imported without
further restriction under this subpart if:
(1) Imported by the United States Department of Agriculture for
experimental, scientific, or educational purposes;
(2) Imported pursuant to a Departmental permit issued by APHIS for
the regulated article prior to its importation and kept on file at the
port of first arrival; and
(3) Imported under conditions specified on the Departmental permit
and found by the Administrator to be adequate to prevent the
introduction into the United States of plant pests.
(e) Designation of additional regulated articles. An inspector may
designate any article as a regulated article by giving written notice of
the designation to the owner or person in possession or control of the
article. APHIS will implement rulemaking to add articles designated as
regulated articles to the definition of regulated article in
Sec. 319.40-1 if importation of the article appears to present a
recurring significant risk of introducing plant pests. Inspectors may
designate an article as a regulated article after determining that:
[[Page 266]]
(1) The article was imported in the same container or hold as a
regulated article;
(2) Other articles of the same type imported from the same country
have been found to carry plant pests; or
(3) The article appears to be contaminated with regulated articles
or soil.
(f) In addition to meeting the requirements of this subpart, logs
and pulpwood with bark attached imported from Canada are subject to the
inspection and certification requirements for gypsy moth in Sec. 319.77-
4 of this part.
[60 FR 27674, May 25, 1995, as amended at 63 FR 13485, Mar. 20, 1998; 64
FR 45866, Aug. 23, 1999]
Sec. 319.40-3 General permits; articles that may be imported without a specific permit; articles that may be imported without either a specific permit or an
importer document.
(a) Canada and Mexico. APHIS hereby issues a general permit to
import articles authorized by this paragraph. Regulated articles from
Canada and from states in Mexico adjacent to the United States border,
other than regulated articles of the subfamilies Aurantioideae,
Rutoideae, and Toddalioideae of the botanical family Rutaceae, may be
imported without restriction under this subpart, except that they must
be accompanied by an importer document stating that the regulated
articles are derived from trees harvested in, and have never been moved
outside, Canada or states in Mexico adjacent to the United States
border, and except that they are subject to the inspection and other
requirements in Sec. 319.40-9.
(b) Solid wood packing materials--(1) Free of bark; used with non-
regulated articles. APHIS hereby issues a general permit to import
regulated articles authorized by this paragraph, except that solid wood
packing material from the People's Republic of China including Hong Kong
must be imported in accordance with Sec. 319.40-5(g), (h), and (i).
Solid wood packing materials that are completely free of bark and are in
actual use at the time of importation as packing materials for articles
which are not regulated articles may be imported without restriction
under this subpart, except that:
(i) The solid wood packing materials are subject to the inspection
and other requirements in Sec. 319.40-9; and
(ii) The solid wood packing materials must be accompanied at the
time of importation by an importer document, stating that the solid wood
packing materials are totally free from bark, and apparently free from
live plant pests.
(2) Free of bark; used with regulated articles. APHIS hereby issues
a general permit to import regulated articles authorized by this
paragraph, except that solid wood packing material from the People's
Republic of China including Hong Kong must be imported in accordance
with Sec. 319.40-5(g), (h), and (i). Solid wood packing materials that
are completely free of bark and are in actual use at the time of
importation as packing materials for regulated articles may be imported
without restriction under this subpart, except that:
(i) The solid wood packing materials are subject to the inspection
and other requirements in Sec. 319.40-9;
(ii) The solid wood packing materials must be accompanied at the
time of importation by an importer document, stating that the solid wood
packing materials are totally free from bark, and apparently free from
live plant pests; and
(iii) The solid wood packing materials must be accompanied at the
time of importation by an importer document, stating that the solid wood
packing materials have been heat treated, fumigated, or treated with
preservatives in accordance with Sec. 319.40-7, or meet all the
importation and entry conditions required for the regulated article the
solid wood packing material is used to move.
(3) Not free of bark; used with regulated or nonregulated articles.
APHIS hereby issues a general permit to import regulated articles
authorized by this paragraph, except that solid wood packing material
from the People's Republic of China including Hong Kong must be imported
in accordance with Sec. 319.40-5(g), (h), and (i). Solid wood packing
materials that are not completely free of bark and are in actual use as
packing at the time of importation may be imported without restriction
under this subpart, except that:
[[Page 267]]
(i) The solid wood packing materials are subject to the inspection
and other requirements in Sec. 319.40-9;
(ii) The solid wood packing materials must be accompanied at the
time of importation by an importer document, stating that the solid wood
packing materials have been heat treated, fumigated, or treated with
preservatives in accordance with Sec. 319.40-7.
(4) Pallets moved as cargo. APHIS hereby issues a general permit to
import regulated articles authorized by this paragraph. Pallets that are
completely free of bark and that are not in actual use as packing at the
time of importation (i.e., pallets moved as cargo) may be imported
without restriction under this subpart, except that:
(i) The pallets are subject to the inspection and other requirements
in Sec. 319.40-9; and
(ii) The pallets are accompanied by an importer document stating
that the pallets were previously eligible for importation in accordance
with paragraph (b) of this section and have not had wood added to them
since that use. Solid wood packing materials other than pallets that are
imported as cargo must be imported in accordance with the requirements
of this subpart for raw lumber.
(c) Loose wood packing materials. APHIS hereby issues a general
permit to import regulated articles authorized by this paragraph. Loose
wood packing materials (whether in use as packing or imported as cargo)
that are dry may be imported subject to the inspection and other
requirements in Sec. 319.40-9 and without further restriction under this
subpart.
(d) Bamboo timber. APHIS hereby issues a general permit to import
regulated articles authorized by this paragraph. Bamboo timber which is
free of leaves and seeds and has been sawn or split lengthwise and dried
may be imported subject to the inspection and other requirements in
Sec. 319.40-9 and without further restriction under this subpart.
(e) Regulated articles the permit process has determined to present
no plant pest risk. Regulated articles for which a specific permit has
been issued in accordance with Sec. 319.40-4(b)(2)(i) may be imported
without other restriction under this subpart, except that they are
subject to the inspection and other requirements in Sec. 319.40-9.
[60 FR 27674, May 25, 1995, as amended at 63 FR 50110, Sept. 18, 1998;
63 FR 69542, Dec. 17, 1998]
Sec. 319.40-4 Application for a permit to import regulated articles; issuance and withdrawal of permits.
(a) Application procedure. A written application for a permit \1\
must be submitted to the Animal and Plant Health Inspection Service,
Plant Protection and Quarantine, Port Operations Permit Unit, 4700 River
Road Unit 136, Riverdale, MD 20737-1236. The completed application must
include the following information:
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\1\ Application forms for permits are available without charge from
the Administrator, c/o the Permit Unit, Plant Protection and Quarantine,
Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, 4700 River Road, Riverdale, MD 20737, or local offices of
Plant Protection and Quarantine, which are listed in telephone
directories.
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(1) The specific type of regulated article to be imported, including
the genus and species name of the tree from which the regulated article
was derived;
(2) Country, and locality if known, where the tree from which the
regulated article was derived was harvested;
(3) The quantity of the regulated article to be imported;
(4) A description of any processing, treatment or handling of the
regulated article to be performed prior to importation, including the
location where any processing or treatment was or will be performed and
the names and dosage of any chemicals employed in treatments;
(5) A description of any processing, treatment, or handling of the
regulated article intended to be performed following importation,
including the location where any processing or treatment will be
performed and the names and dosage of any chemicals employed in
treatments;
(6) Whether the regulated article will or will not be imported in a
sealed container or in a hold;
[[Page 268]]
(7) The means of conveyance to be used to import the regulated
article;
(8) The intended port of first arrival in the United States of the
regulated article, and any subsequent ports in the United States at
which regulated articles may be unloaded;
(9) The destination and general intended use of the regulated
article;
(10) The name and address of the applicant and, if the applicant's
address is not within the United States, the name and address of an
agent in the United States whom the applicant names for acceptance of
service of process; and
(11) A statement certifying the applicant as the importer of record.
(b) Review of application and issuance of permit. After receipt and
review of the application, APHIS shall determine whether it appears that
the regulated article at the time of importation will meet either the
specific importation requirements in Sec. 319.40-5 or the universal
importation requirements in Sec. 319.40-6.
(1) If it appears that the regulated article proposed for
importation will meet the requirements of either Sec. 319.40-5 or
Sec. 319.40-6, a permit stating the applicable conditions for
importation under this subpart shall be issued for the importation of
the regulated article identified in the application.
(2) If it appears that the regulated article proposed for
importation will not meet the requirements of either Sec. 319.40-5 or
Sec. 319.40-6 because these sections do not address the particular
regulated article identified in the application, APHIS shall review the
application by applying the plant pest risk assessment standards
specified in Sec. 319.40-11.
(i) If this review reveals that importation of the regulated article
under a permit and subject to the inspection and other requirements in
Sec. 319.40-9, but without any further conditions, will not result in
the introduction of plant pests into the United States, a permit for
importation of the regulated article shall be issued. The permit may
only be issued in unique and unforeseen circumstances when the
importation of the regulated article is not expected to recur.
(ii) If this review reveals that the regulated article may be
imported under conditions that would reduce the plant pest risk to an
insignificant level, APHIS may implement rulemaking to add the
additional conditions to this subpart, and after the regulations are
effective, may issue a permit for importation of the regulated article.
(3) No permit will be issued to an applicant who has had a permit
withdrawn under paragraph (d) of this section during the 12 months prior
to receipt of the permit application by APHIS, unless the withdrawn
permit has been reinstated upon appeal.
(c) Permit does not guarantee eligibility for import. Even if a
permit has been issued for the importation of a regulated article, the
regulated article may be imported only if all applicable requirements of
this subpart are met and only if an inspector at the port of first
arrival determines that no remedial measures are necessary pursuant to
the Plant Protection Act with respect to the regulated article.\2\
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\2\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destroy, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and 434
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
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(d) Denial and withdrawal of permits. Any permit which has been
issued may be withdrawn by an inspector or the Administrator if he or
she determines that the person to whom the permit was issued has
violated any requirement of this subpart. If the withdrawal is oral, the
decision to withdraw the permit and the reasons for the withdrawal of
the permit shall be confirmed in writing as promptly as circumstances
permit. Any person whose permit has been denied or withdrawn may appeal
the decision in writing to the Administrator within 10 days after
receiving the written notification of the withdrawal. The appeal shall
state all of the facts and reasons upon which the person relies to show
that the permit was wrongfully denied or withdrawn. The Administrator
shall grant or deny the appeal, in writing, stating the reasons for
granting or denying the appeal as promptly as circumstances permit. If
there is a conflict as to any
[[Page 269]]
material fact and the person from whom the permit is withdrawn requests
a hearing, a hearing shall be held to resolve the conflict. Rules of
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practice concerning the hearing shall be adopted by the Administrator.
[60 FR 27674, May 25, 1995, as amended at 66 FR 21056, Apr. 27, 2001]
Sec. 319.40-5 Importation and entry requirements for specified articles.
(a) Bamboo timber. Bamboo timber consisting of whole culms or canes
may be imported into Guam or the Northern Mariana Islands subject to
inspection and other requirements of Sec. 319.40-9. Bamboo timber
consisting of whole culms or canes that are completely dry as evidenced
by lack of moisture in node tissue may be imported into any part of the
United States subject to inspection and other requirements of
Sec. 319.40-9.
(b) Monterey pine logs and lumber from Chile and New Zealand;
Douglas-fir logs and lumber from New Zealand--(1) Logs--(i) Requirements
prior to importation. Monterey or Radiata pine (Pinus radiata) logs from
Chile or New Zealand and Douglas-fir (Pseudotsuga menziesii) logs from
New Zealand that are accompanied by a certificate stating that the logs
meet the requirements of paragraph (b)(1)(i) (A) through (D) of this
section, and that are consigned to a facility in the United States that
operates in accordance with Sec. 319.40-8, may be imported in accordance
with paragraphs (b)(1)(i)(A) through (b)(1)(iii) of this section.
(A) The logs must be from live healthy trees which are apparently
free of plant pests, plant pest damage, and decay organisms.
(B) The logs must be debarked in accordance with Sec. 319.40-7(b)
prior to fumigation.
(C) The logs and any solid wood packing materials to be used with
the logs during shipment to the United States must be fumigated in
accordance with Sec. 319.40-7(f)(1), within 45 days following the date
the trees are felled and prior to arrival of the logs in the United
States, in the holds or in sealable containers. Fumigation must be
conducted in the same sealable container or hold in which the logs and
solid wood packing materials are exported to the United States.
(D) During shipment to the United States, no other regulated article
is permitted on the means of conveyance with the logs, unless the logs
and the other regulated articles are in separate holds or separate
sealed containers, or, if the logs and other regulated articles are
mixed in a hold or sealed container, the other regulated articles either
have been heat treated with moisture reduction in accordance with
Sec. 319.40-7(d), or have been fumigated in the hold or sealable
container in accordance with paragraph (b)(1)(i)(C) of this section.
(ii) Requirements upon arrival in the United States. The following
requirements apply upon arrival of the logs in the United States.
(A) The logs must be kept segregated from other regulated articles
from the time of discharge from the means of conveyance until the logs
are completely processed at a facility in the United States that
operates under a compliance agreement in accordance with Sec. 319.40-8.
(B) The logs must be moved from the port of first arrival to the
facility that operates under a compliance agreement in accordance with
Sec. 319.40-8 by as direct a route as reasonably possible.
(iii) Requirements at the processing facility. The logs must be
consigned to a facility operating under a compliance agreement in
accordance with Sec. 319.40-8 that includes the following requirements:
(A) Logs or any products generated from logs, including lumber, must
be heat treated in accordance with Sec. 319.40-7(c), or heat treated
with moisture reduction in accordance with Sec. 319.40-7(d).
(B) The logs, including sawdust, wood chips, or other products
generated from the logs in the United States, must be processed in
accordance with paragraph (b)(1)(iii) of this section within 60 days
from the time the logs are released from the port of first arrival.
(C) Sawdust, wood chips, and waste generated by sawing or processing
the logs must be disposed of by burning, heat treatment in accordance
with Sec. 319.40-7(c), heat treatment with moisture reduction in
accordance with Sec. 319.40-7(d), or other processing that
[[Page 270]]
will destroy any plant pests associated with the sawdust, wood chips,
and waste. Composting and use of the sawdust, wood chips, and waste as
mulch are prohibited unless composting and use as mulch are preceded by
fumigation in accordance with Sec. 319.40-7(f)(3), heat treatment in
accordance with Sec. 319.40-7(c), or heat treatment with moisture
reduction in accordance with Sec. 319.40-7(d). Wood chips, sawdust, and
waste may be moved in enclosed trucks for processing at another facility
operating under a compliance agreement in accordance with Sec. 319.40-8.
(2) Raw lumber. Raw lumber, including solid wood packing materials
imported as cargo, from Chile or New Zealand derived from Monterey or
Radiata pine (Pinus radiata) logs and raw lumber from New Zealand
derived from Douglas-fir (Pseudotsuga menziesii) logs may be imported in
accordance with paragraphs (b)(2) (i) and (ii) of this section.
(i) During shipment to the United States, no other regulated article
(other than solid wood packing materials) is permitted on the means of
conveyance with the raw lumber, unless the raw lumber and the other
regulated articles are in separate holds or separate sealed containers;
Except for mixed shipments of logs and raw lumber fumigated in
accordance with Sec. 319.40-7(f)(2) and moved in accordance with
paragraph (b)(1)(i)(D) of this section. Raw lumber on the vessel's deck
must be in a sealed container.
(ii) The raw lumber must be consigned to a facility operating under
a compliance agreement in accordance with Sec. 319.40-8 that requires
the raw lumber to be heat treated in accordance with Sec. 319.40-7(c) or
heat treated with moisture reduction in accordance with Sec. 319.40-7(d)
before any cutting, planing, or sawing of the raw lumber, and within 30
days from the time the lumber is released from the port of first
arrival.
(c) Tropical hardwoods--(1) Debarked. Tropical hardwood logs and
lumber that have been debarked in accordance with Sec. 319.40-7(b) may
be imported subject to the inspection and other requirements of
Sec. 319.40-9.
(2) Not debarked. Tropical hardwood logs that have not been debarked
may be imported if fumigated in accordance with Sec. 319.40-7(f)(1)
prior to arrival in the United States.
(3) Not debarked; small lots. Tropical hardwood logs that have not
been debarked may be imported into the United States, other than into
Hawaii, Puerto Rico, or the Virgin Islands of the United States, if
imported in a lot of 15 or fewer logs and subject to the inspection and
other requirements of Sec. 319.40-9.
(d) Temperate hardwoods. Temperate hardwood logs and lumber (with or
without bark) from all places except places in Asia that are east of
60 deg. East Longitude and north of the Tropic of Cancer may be imported
if fumigated in accordance with Sec. 319.40-7(f) prior to arrival in the
United States and subject to the inspection and other requirements of
Sec. 319.40-9.
(e) Regulated articles associated with exclusively tropical climate
pests. Regulated articles that have been identified by a plant pest risk
assessment as associated solely with plant pests that can successfully
become established only in tropical or subtropical climates may be
imported if:
(1) The regulated article is imported only to a destination in the
continental United States; and,
(2) the regulated article is not imported into any tropical or
subtropical areas of the United States specified in the permit.
(f) Cross-ties (railroad ties) from all places except places in Asia
that are east of 60 deg. East Longitude and north of the Tropic of
Cancer may be imported if completely free of bark and accompanied by an
importer document stating that the cross-ties will be pressure treated
within 30 days following the date of importation.
(g) Solid wood packing material and merchandise from the Peoples
Republic of China including Hong Kong. This paragraph does not apply to
shipments transitting the Peoples Republic of China including Hong Kong
from other countries en route to the United States, unless merchandise
or solid wood packing material is added to such shipments while in the
Peoples Republic of China including Hong Kong. Otherwise, merchandise
exported from the Peoples Republic of China including
[[Page 271]]
Hong Kong that is accompanied by solid wood packing material may only be
entered into the United States in accordance with this paragraph (g) and
paragraph (i) of this section. This restriction applies to both
merchandise that originated in the Peoples Republic of China including
Hong Kong and merchandise that entered the Peoples Republic of China
including Hong Kong for further processing or packaging, regardless of
whether the merchandise moves directly from the Peoples Republic of
China including Hong Kong to the United States or transits other
countries en route to the United States.
(1) Prior to exportation from the Peoples Republic of China
including Hong Kong, any solid wood packing material must be heat
treated, fumigated and aerated, or treated with preservatives, using a
treatment schedule contained in Sec. 319.40-7 or in the Plant Protection
and Quarantine Treatment Manual, which is incorporated by reference at
Sec. 300.1 of this chapter. During the entire interval between treatment
and export the solid wood packing material must be stored, handled, or
safeguarded in a manner which excludes any infestation of the solid wood
packing material by plant pests.
(2) Any merchandise accompanied by solid wood packing material
exported from the Peoples Republic of China including Hong Kong may only
be entered if the importer has on file at its office, and retains there
for a period of one year following the date of importation, the
following documents:
(i) A certificate signed by an official of the applicable government
agency authorized by the government of the Peoples Republic of China or
the government of the Hong Kong Special Administrative Region, stating
that the solid wood packing material, prior to export from the Peoples
Republic of China including Hong Kong, has been heat treated, fumigated
and aerated, or treated with preservatives using a treatment schedule
contained in Sec. 319.40-7 or in the Plant Protection and Quarantine
Treatment Manual, and
(ii) An importer statement (a written statement by the importer
affirming that the importer has on file at his or her office the
certificate required under paragraph (g)(2)(i) of this section).
(3) In addition to the document requirements of paragraph (g)(2) of
this section, a copy of the certificate must accompany all shipments
that do not enter using the United States Customs Service's electronic
entry filing and Automated Broker Interface.
(4) Upon the request of an APHIS inspector or a United States
Customs Service officer, the importer must produce a copy of the
certificate and importer statement issued for any shipment.
(5) At their option, in order to expedite release of a shipment, an
importer may provide a certificate to the APHIS inspector at the port of
first arrival prior to the arrival of the shipment. Exporters may also
at their option, in order to expedite release of their shipment at the
port of first arrival, arrange to have each article of solid wood
packing material that has been treated marked at the treatment facility
with a stamp or weatherproof label that reads CHINA TREATED. This type
of marking, however, is not a substitute for the required certificate.
(6) If an APHIS inspector determines that a shipment imported from
the Peoples Republic of China including Hong Kong contains plant pests,
or contains solid wood packing material that was not heat treated,
fumigated and aerated, or treated with preservatives, the APHIS
inspector may refuse entry of the entire shipment (merchandise and solid
wood packing material). If an importer does not produce upon request by
an APHIS inspector the certificate required for a shipment imported from
the Peoples Republic of China including Hong Kong containing solid wood
packing material, the APHIS inspector may refuse entry into the United
States of the entire shipment (merchandise and solid wood packing
material) until the certificate is produced. For any shipment refused
entry, if the APHIS inspector determines that the merchandise may be
separated from the solid wood packing material and that the solid wood
packing material may be destroyed or reexported without risk of
spreading plant pests, the inspector may allow the importer to separate
the merchandise
[[Page 272]]
from the solid wood packing material at a location and within a time
period specified by the inspector to prevent the dissemination of plant
pests, and destroy or reexport the solid wood packing material under
supervision of an inspector. The means used to destroy solid wood
packing material under this section must be incineration, or chipping
followed by incineration. The importer shall be responsible for all
costs associated with inspection, separation, and destruction or
reexportation of any solid wood packing material, including costs of the
services of an inspector to monitor such activities, in accordance with
Sec. 354.3(j) of this chapter. Any such costs may be charged to the
importer's customs bond.
(h) Cargo from the Peoples Republic of China including Hong Kong
that does not contain solid wood packing material. Merchandise exported
from the Peoples Republic of China including Hong Kong that is not
accompanied by any solid wood packing material must have attached to the
commercial invoice, the bill of lading, or the airway bill, an exporter
statement stating that the shipment contains no solid wood packing
material. As an alternative to attaching the exporter statement to the
paperwork presented at entry, the importer may provide the exporter
statement to the APHIS inspector at the port of entry prior to arrival
of the shipment. Any shipment is subject to inspection for solid wood
packing material, and if such inspection is ordered by an inspector, the
shipment will not be granted entry into the United States prior to
completion of the inspection. If the inspection reveals solid wood
packing material, the inspector may refuse entry into the United States
of the entire shipment (merchandise and solid wood packing material).
Any shipment refused entry will be handled in accordance with the
procedures in paragraph (g)(6) of this section. The importer shall be
responsible for all costs associated with inspection, separation, and
destruction or reexportation of any solid wood packing material,
including costs of the services of an inspector to monitor such
activities in accordance with Sec. 354.3(j) of this chapter. Any such
costs may be charged to the importer's customs bond.
(i) Special provisions for air overnight couriers and air express
delivery companies. Overnight couriers and express delivery companies
must present to an APHIS inspector at the port of first arrival, at or
prior to the time of entry, one or more certificates for each arriving
aircraft that carries packages employing solid wood packing material.
The company may present one certificate in cases where the company has
arranged treatment of all solid wood packing material on the flight, and
may present multiple certificates in cases where packages with solid
wood packing material were accepted for delivery by the company from
multiple customers, each of whom arranged for treatment and
certification of their respective packages. The certificates must be
signed by an official of the applicable government agency authorized by
the government of the Peoples Republic of China or the Hong Kong Special
Administrative Region, and must state that the solid wood packing
material, prior to export from the Peoples Republic of China including
Hong Kong, has been heat treated, fumigated and aerated, or treated with
preservatives using a treatment schedule contained in Sec. 319.40-7 or
in the Plant Protection and Quarantine Treatment Manual. If the aircraft
contains no packages that employ solid wood packing material, or
contains both packages that do and do not employ solid wood packing
material, the overnight courier or express delivery company must also
present to an APHIS inspector at the port of first arrival, at or prior
to the time of entry, one or more exporter statements stating that the
packages on the aircraft not covered by a certificate contain no solid
wood packing material.
(j) Customs entry or entry summary filing requirements. By
instruction, the United States Customs Service will inform importers of
any information that may be required on entry or entry summary
documentation under the Automated Broker Interface or other entry filing
systems, electronic or otherwise, with regard to recording the existence
of certificates, importer statements affirming that the importer has on
file at
[[Page 273]]
his or her office any certificate required, and exporter statements that
there is no solid wood packing material in a shipment.
(k) Liability under the Customs import bond and international
carrier bond. Any failure of an importer to comply with any of the
provisions regarding the maintenance or presentation of records or
information as prescribed in this subpart may result in liability under
the Customs basic import bond. Any failure of a carrier to comply with
any of the provisions regarding the maintenance or presentation of
records or information as prescribed in this subpart may result in
liability under the international carrier bond.
[60 FR 27674, May 25, 1995, as amended at 63 FR 69542, Dec. 17, 1998; 64
FR 59604, Nov. 3, 1999]
Sec. 319.40-6 Universal importation options.
(a) Logs. Logs may be imported if prior to importation the logs have
been debarked in accordance with Sec. 319.40-7(b) and heat treated in
accordance with Sec. 319.40-7(c). During the entire interval between
treatment and export, the logs must be stored and handled in a manner
which excludes any access to the logs by plant pests.
(b) Lumber--(1) Heat treated or heat treated with moisture
reduction. Lumber that prior to importation has been heat treated in
accordance with Sec. 319.40-7(c), or heat treated with moisture
reduction in accordance with Sec. 319.40-7(d), may be imported in
accordance with paragraphs (b)(1) (i) and (ii) of this section.
(i) During shipment to the United States, no other regulated article
(other than solid wood packing materials) is permitted on the means of
conveyance with the lumber, unless the lumber and the other regulated
articles are in separate holds or separate sealed containers, or, if the
lumber and other regulated articles are mixed in a hold or sealed
container, all the regulated articles have been heat treated in
accordance with Sec. 319.40-7(c), or heat treated with moisture
reduction in accordance with Sec. 319.40-7(d). Lumber on the vessel's
deck must be in a sealed container, unless it has been heat treated with
moisture reduction in accordance with Sec. 319.40-7(d).
(ii) If lumber has been heat treated in accordance with Sec. 319.40-
7(c), that fact must be stated on the importer document, or by a
permanent marking on each piece of lumber in the form of the letters
``HT'' or the words ``Heat Treated.'' If lumber has been heat treated
with moisture reduction in accordance with Sec. 319.40-7(d), that fact
must be stated on the importer document, or by a permanent marking, on
each piece of lumber or on the cover of bundles of lumber, in the form
of the letters ``KD'' or the words ``Kiln Dried.''
(2) Raw lumber. Raw lumber, including solid wood packing materials
imported as cargo, from all places except places in Asia that are east
of 60 deg. East Longitude and north of the Tropic of Cancer may be
imported in accordance with paragraphs (b)(2) (i) and (ii) of this
section.
(i) During shipment to the United States, no other regulated article
(other than solid wood packing materials) is permitted on the means of
conveyance with the raw lumber, unless the raw lumber and the other
regulated articles are in separate holds or separate sealed containers.
Raw lumber on the vessel's deck must be in a sealed container.
(ii) The raw lumber must be consigned to a facility operating under
a compliance agreement in accordance with Sec. 319.40-8 that requires
the raw lumber to be heat treated in accordance with Sec. 319.40-7(c) or
heat treated with moisture reduction in accordance with Sec. 319.40-
7(d), within 30 days from the time the lumber is released from the port
of first arrival. Heat treatment must be completed before any cutting,
planing, or sawing of the raw lumber.
(c) Wood chips and bark chips--(1) From Chile. Wood chips from Chile
that are derived from Monterey or Radiata pine (Pinus radiata) logs may
be imported in accordance with Sec. 319.40-6(c)(2) or in accordance with
the following requirements:
(i) The wood chips must be accompanied by a certificate stating that
the wood chips meet the requirements in paragraphs (c)(1)(i)(A) through
(c)(1)(i)(C) of this section.
[[Page 274]]
(A) The wood chips were treated with a surface pesticide treatment
in accordance with Sec. 319.40-7(e) within 24 hours after the log was
chipped and were retreated with a surface pesticide treatment in
accordance with Sec. 319.40-7(e) if more than 30 days elapsed between
the date of the first treatment and the date of export to the United
States.
(B) The wood chips were derived from logs from live, healthy,
plantation-grown trees that were apparently free of plant pests, plant
pest damage, and decay organisms, and the logs used to make the wood
chips were debarked in accordance with Sec. 319.40-7(b) before being
chipped.
(C) No more than 45 days elapsed from the time the trees used to
make the wood chips were felled to the time the wood chips were
exported.
(ii) During shipment to the United States, no other regulated
articles (other than solid wood packing materials) are permitted in the
holds or sealed containers carrying the wood chips. Wood chips on the
vessel's deck must be in a sealed container.
(iii) The wood chips must be consigned to a facility in the United
States that operates under a compliance agreement in accordance with
Sec. 319.40-8. The following requirements apply upon arrival of the wood
chips in the United States:
(A) Upon arrival in the United States, the wood chips must be
unloaded by a conveyor that is covered to prevent the chips from being
blown by the wind and from accidental spillage. The facility receiving
the wood chips must have a procedure in place to retrieve any chips that
fall during unloading.
(B) If the wood chips must be transported after arrival, the chips
must be covered or safeguarded in a manner that prevents the chips from
spilling or falling off the means of conveyance or from being blown off
the means of conveyance by wind.
(C) The wood chips must be stored at the facility on a paved surface
and must be kept segregated from other regulated articles from the time
of discharge from the means of conveyance until the chips are processed.
The storage area must not be adjacent to wooded areas.
(D) The wood chips must be processed within 45 days of arrival at
the facility. Any fines or unusable wood chips must be disposed of by
burning within 45 days of arrival at the facility.
(2) From locations other than certain places in Asia. Wood chips and
bark chips from any place except places in Asia that are east of 60 deg.
east longitude and north of the Tropic of Cancer may be imported in
accordance with this paragraph.
(i) The wood chips or bark chips must be accompanied by an importer
document stating that the wood chips or bark chips were either:
(A) Derived from live, healthy, tropical species of plantation-grown
trees grown in tropical areas; or
(B) Fumigated with methyl bromide in accordance with Sec. 319.40-
7(f)(3), heat treated in accordance with Sec. 319.40-7(c), or heat
treated with moisture reduction in accordance with Sec. 319.40-7(d).
(ii) During shipment to the United States, no other regulated
articles (other than solid wood packing materials) are permitted in the
holds or sealed containers carrying the wood chips or bark chips. Wood
chips or bark chips on the vessel's deck must be in a sealed container;
Except that: If the wood chips or bark chips are derived from live,
healthy, plantation-grown trees in tropical areas, they may be shipped
on deck if no other regulated articles are present on the vessel and the
wood chips or bark chips are completely covered by a tarpaulin during
the entire journey directly to the United States.
(iii) The wood chips or bark chips must be free from rot at the time
of importation, unless accompanied by an importer document stating that
the entire lot was fumigated with methyl bromide in accordance with
Sec. 319.40-7(f)(3), heat treated in accordance with Sec. 319.40-7(c),
or heat treated with moisture reduction in accordance with Sec. 319.40-
7(d).
(iv) Wood chips or bark chips imported in accordance with this
paragraph must be consigned to a facility operating under a compliance
agreement in accordance with Sec. 319.40-8. The wood chips or bark chips
must be
[[Page 275]]
burned, heat treated in accordance with Sec. 319.40-7(c), heat treated
with moisture reduction in accordance with Sec. 319.40-7(d), or
otherwise processed in a manner that will destroy any plant pests
associated with the wood chips or bark chips within 30 days of arrival
at the facility. If the wood chips or bark chips are to be used for
mulching or composting, they must first be fumigated in accordance with
Sec. 319.40-7(f)(3), heat treated in accordance with Sec. 319.40-7(c),
or heat treated with moisture reduction in accordance with Sec. 319.40-
7(d).
(d) Wood mulch, humus, compost, and litter. Wood mulch, humus,
compost, and litter may be imported if accompanied by an importer
document stating that the wood mulch, humus, compost, or litter was
fumigated in accordance with Sec. 319.40-7(f)(3), heat treated in
accordance with Sec. 319.40-7(c), or heat treated with moisture
reduction in accordance with Sec. 319.40-7(d).
(e) Cork and bark. Cork and cork bark, cinnamon bark, and other bark
to be used for food, manufacture of medicine, or chemical extraction may
be imported if free from rot at the time of importation and subject to
the inspection and other requirements of Sec. 319.40-9.
[60 FR 27679, May 25, 1995; 60 FR 30157, June 7, 1995, as amended at 65
FR 21127, Apr. 20, 2000]
Sec. 319.40-7 Treatments and safeguards.
(a) Certification of treatments or safeguards. If APHIS determines
that a document required for the importation of regulated articles is
inaccurate, the regulated articles which are the subject of the
certificate or other document shall be refused entry into the United
States. In addition, APHIS may determine not to accept any further
certificates for the importation of regulated articles in accordance
with this subpart from a country in which an inaccurate certificate is
issued, and APHIS may determine not to allow the importation of any or
all regulated articles from any such country, until corrective action
acceptable to APHIS establishes that certificates issued in that country
will be accurate.
(b) Debarking. Except for raw lumber, no more than 2 percent of the
surface of all regulated articles in a lot may retain bark, with no
single regulated article retaining bark on more than 5 percent of its
surface. For raw lumber, debarking must remove 100 percent of the bark.
(c) Heat treatment. Heat treatment must be performed only at a
facility where APHIS or an inspector authorized by the Administrator and
the national government of the country in which the facility is located
has inspected the facility and determined that its operation complies
with the standards of this paragraph. Heat treatment procedures may
employ steam, hot water, kilns, exposure to microwave energy, or any
other method (e.g., the hot water and steam techniques used in veneer
production) that raises the temperature of the center of each treated
regulated article to at least 71.1 deg.C and maintains the regulated
article at that center temperature for at least 75 minutes. For
regulated articles heat treated prior to arrival in the United States,
during the entire interval between treatment and export the regulated
article must be stored, handled, or safeguarded in a manner which
excludes any infestation of the regulated article by plant pests.
(d) Heat treatment with moisture reduction. (1) Heat treatment with
moisture reduction may employ:
(i) Kiln drying conducted in accordance with the schedules
prescribed for the regulated article in the Dry Kiln Operator's Manual,
Agriculture Handbook 188, which is incorporated by reference at
Sec. 300.2 of this chapter; or,
(ii) Dry heat, exposure to microwave energy, or any other method
that raises the temperature of the center of each treated regulated
article to at least 71.1 deg.C, maintains the regulated articles at
that center temperature for at least 75 minutes, and reduces the
moisture content of the regulated article to 20 percent or less as
measured by an electrical conductivity meter.
(2) For regulated articles heat treated with moisture reduction
prior to arrival in the United States, during the entire interval
between treatment and export the regulated article must be stored,
handled, or safeguarded in a manner which excludes any infestation of
the regulated article by plant pests.
[[Page 276]]
(e) Surface pesticide treatments. All United States Environmental
Protection Agency registered surface pesticide treatments are authorized
for regulated articles imported in accordance with this subpart, except
that Pinus radiata wood chips from Chile must be treated in accordance
with Sec. 319.40-7(e)(2). Surface pesticide treatments must be conducted
in accordance with label directions approved by the United States
Environmental Protection Agency. Under the following circumstances,
surface pesticide treatments must also be conducted as follows:
(1) Heat treated logs. When used on heat treated logs, a surface
pesticide treatment must be first applied within 48 hours following heat
treatment. The surface pesticide treatment must be repeated at least
every 30 days during storage of the regulated article, with the final
treatment occurring no more than 30 days prior to departure of the means
of conveyance that carries the regulated articles to the United States.
(2) Pinus radiata wood chips from Chile. When used on Pinus radiata
wood chips from Chile, a surface pesticide consisting of the following
must be used: A mixture of a fungicide containing 64.8percent of the
active ingredient didecyl dimethyl ammonium chloride and 7.6 percent of
the active ingredient 3-iodo-2-propynl butylcarbamate and an insecticide
containing 44.9percent of the active ingredient chlorpyrifos
phosphorothioate. The wood chips must be sprayed with the pesticide so
that all the chips are exposed to the chemical on all sides. During the
entire interval between treatment and export, the wood chips must be
stored, handled, or safeguarded in a manner that prevents any
infestation of the wood chips by plant pests.
(f) Methyl bromide fumigation. The following minimum standards for
methyl bromide fumigation treatment are authorized for the regulated
articles listed in paragraphs (f)(1) through (f)(3) of this section. Any
method of fumigation that meets or exceeds the specified temperature/
time/concentration products is acceptable. Following fumigation,
fumigated products must be aerated to reduce the concentration of
fumigant below hazardous levels, in accordance with the Treatment Manual
and label instructions approved by the U.S. Environmental Protection
Agency.
(1) Logs--(i) T-312 schedule. The entire log and the ambient air
must be at a temperature of 5 deg.C or above throughout fumigation. The
fumigation must be conducted using schedule T-312 contained in the
Treatment Manual. In lieu of the schedule T-312 methyl bromide
concentration, fumigation may be conducted with an initial methyl
bromide concentration of at least 240 g/m\3\ with exposure and
concentration levels adequate to provide a concentration-time product of
at least 17,280 gram-hours calculated on the initial methyl bromide
concentration.
(ii) T-404 schedule. The entire log and the ambient air must be at a
temperature of 5 deg.C or above throughout fumigation. The fumigation
must be conducted using schedule T-404 contained in the Treatment
Manual. In lieu of the schedule T-404 methyl bromide concentration,
fumigation may be conducted with an initial methyl bromide concentration
of at least 120 g/m\3\ with exposure and concentration levels adequate
to provide a concentration-time product of at least 1920 gram-hours
calculated on the initial methyl bromide concentration.
(2) Lumber. The lumber and the ambient air must be at a temperature
of 5 deg.C or above throughout fumigation. The fumigation must be
conducted using schedule T-404 contained in the Treatment Manual. In
lieu of the schedule T-404 methyl bromide concentration, fumigation may
be conducted with an initial methyl bromide concentration of at least
120 g/m3 with exposure and concentration levels adequate to
provide a concentration-time product of at least 1920 gram-hours
calculated on the initial methyl bromide concentration.
(3) Regulated articles other than logs or lumber. (i) If the ambient
air and the regulated articles other than logs or lumber are at a
temperature of 21 deg.C or above throughout fumigation, the fumigation
must be conducted using schedule T-404 contained in the Treatment
Manual. In lieu of the schedule T-404 methyl bromide concentration,
fumigation may be conducted with an
[[Page 277]]
initial methyl bromide concentration of at least 48 g/m3 with
exposure and concentration levels adequate to provide a concentration-
time product of at least 760 gram-hours calculated on the initial methyl
bromide concentration.
(ii) If the ambient air and the regulated articles other than logs
or lumber are at a temperature of 4.5-20.5 deg.C throughout fumigation,
the fumigation must be conducted using schedule T-404 contained in the
Treatment Manual. In lieu of the schedule T-404 methyl bromide
concentration, fumigation may be conducted with an initial methyl
bromide concentration of at least 120 g/m3 with exposure and
concentration levels adequate to provide a concentration-time product of
at least 1920 gram-hours calculated on the initial methyl bromide
concentration.
(g) Preservatives. All preservative treatments that use a
preservative product that is registered by the United States
Environmental Protection Agency are authorized for treatment of
regulated articles imported in accordance with this subpart.
Preservative treatments must be performed in accordance with label
directions approved by the United States Environmental Protection
Agency.
[60 FR 27674, May 25, 1999, as amended at 64 FR 59604, Nov. 3, 1999; 65
FR 21128, Apr. 20, 2000; 67 FR 8465, Feb. 25, 2002]
Sec. 319.40-8 Processing at facilities operating under compliance agreements.
(a) Any person who operates a facility in which imported regulated
articles are processed may enter into a compliance agreement to
facilitate the importation of regulated articles under this subpart. The
compliance agreement shall specify the requirements necessary to prevent
spread of plant pests from the facility, requirements to ensure the
processing method effectively destroys plant pests, and the requirements
for the application of chemical materials in accordance with the
Treatment Manual. The compliance agreement shall also state that
inspectors must be allowed access to the facility to monitor compliance
with the requirements of the compliance agreement and of this subpart.
Compliance agreement forms may be obtained from the Administrator or an
inspector.
(b) Any compliance agreement may be canceled by the inspector who is
supervising its enforcement, orally or in writing, whenever the
inspector finds that the person who entered into the compliance
agreement has failed to comply with the conditions of the compliance
agreement. If the cancellation is oral, the decision to cancel the
compliance agreement and the reasons for cancellation of the compliance
agreement shall be confirmed in writing, as promptly as circumstances
permit. Any person whose compliance agreement has been canceled may
appeal the decision in writing to the Administrator within 10 days after
receiving written notification of the cancellation. The appeal shall
state all of the facts and reasons upon which the person relies to show
that the compliance agreement was wrongfully canceled. The Administrator
shall grant or deny the appeal, in writing, stating the reasons for
granting or denying the appeal, as promptly as circumstances permit. If
there is a conflict as to any material fact and the person whose
compliance agreement has been canceled requests a hearing, a hearing
shall be held to resolve the conflict. Rules of practice concerning the
hearing will be adopted by the Administrator.
Sec. 319.40-9 Inspection and other requirements at port of first arrival.
(a) Procedures for all regulated articles. (1) All imported
regulated articles shall be inspected at the port of first arrival. If
the inspector finds signs of plant pests on or in the regulated article,
or finds that the regulated article may have been associated with other
articles infested with plant pests, the regulated article shall be
cleaned or treated as required by an inspector, and the regulated
article and any products of the regulated article shall also be subject
to reinspection, cleaning, and treatment at the option of an inspector
at any time and place before all applicable requirements of this subpart
have been accomplished.
(2) Regulated articles shall be assembled for inspection at the port
of first arrival, or at any other place prescribed by an inspector, at a
place and
[[Page 278]]
time and in a manner designated by an inspector.
(3) If an inspector finds that an imported regulated article is so
infested with a plant pest that, in the judgment of the inspector, the
regulated article cannot be cleaned or treated, or contains soil or
other prohibited contaminants, the entire lot may be refused entry into
the United States.
(4) No person shall move any imported regulated article from the
port of first arrival unless and until an inspector notifies the person,
in writing or through an electronic database, that the regulated
article:
(i) Is in compliance with all applicable regulations and has been
inspected and found to be apparently free of plant pests; \3\ or,
---------------------------------------------------------------------------
\3\ Certain regulated articles may also be subject to Secs. 319.56
through 319.56-8, ``Subpart--Fruits and Vegetables,'' or to the noxious
weed regulations under part 360 of this chapter, or to Endangered
Species Act regulations under parts 355 and 356 of this chapter and 50
CFR parts 17 and 23.
---------------------------------------------------------------------------
(ii) Has been inspected and the inspector requires reinspection,
cleaning, or treatment of the regulated article at a place other than
the port of first arrival.
(b) Notice of arrival; visual examination of regulated articles at
port of first arrival. (1) At least 7 days prior to the expected date of
arrival in the United States of a shipment of regulated articles
imported in accordance with this subpart, the permittee or his or her
agent must notify the APHIS Officer in Charge at the port of arrival of
the date of expected arrival. The address and telephone number of the
APHIS Officer in Charge will be specified in any specific permit issued
by APHIS \4\. This notice may be in writing or by telephone. The notice
must include the number of any specific permit issued for the regulated
articles; the name, if any, of the means of conveyance carrying the
regulated articles; the type and quantity of the regulated articles; the
expected date of arrival; the country of origin of the regulated
articles; the name and the number, if any, of the dock or area where the
regulated articles are to be unloaded; and the name of the importer or
broker at the port of arrival.
---------------------------------------------------------------------------
\4\ A list of APHIS Officers in Charge may be obtained from the
Administrator, c/o Port Operations, Plant Protection and Quarantine,
Animal and Plant Health Inspection Service, 4700 River Road, Riverdale,
MD 20737.
---------------------------------------------------------------------------
(2) Imported regulated articles which have been debarked in
accordance with Sec. 319.40-7(b) and can be safely and practically
inspected will be visually examined for plant pests by an inspector at
the port of first arrival. If plant pests are found on or in the
regulated articles or if the regulated article cannot be safely and
practically inspected, the regulated articles must be treated in
accordance with the Treatment Manual.
(c) Marking and identity of regulated articles. Any regulated
article, at the time of importation shall bear on the outer container
(if in a container), on the regulated article (if not in a container),
or on a document accompanying the regulated article the following
information:
(1) General nature and quantity of the regulated articles;
(2) Country and locality, if known, where the tree from which the
regulated article was derived was harvested;
(3) Name and address of the person importing the regulated article;
(4) Name and address of consignee of the regulated article;
(5) Identifying shipper's mark and number; and
(6) Number of the permit (if one was issued) authorizing the
importation of the regulated article into the United States.
(d) Sampling for plant pests at port of first arrival. Any imported
regulated article may be sampled for plant pests at the port of first
arrival. If an inspector finds it necessary to order treatment of a
regulated article at the port of first arrival, any sampling will be
done prior to treatment.
[60 FR 27674, May 25, 1995, as amended at 66 FR 21056, Apr. 27, 2001]
Sec. 319.40-10 Costs and charges.
The services of an inspector during regularly assigned hours of duty
and at
[[Page 279]]
the usual places of duty shall be furnished without cost to the
importer.\5\ The inspector may require the importer to furnish any
labor, chemicals, packing materials, or other supplies required in
handling regulated articles under this subpart. APHIS will not be
responsible for any costs or charges, other than those identified in
this section.
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\5\ Provisions relating to costs for other services of an inspector,
including services related to extra inspection and separation of cargo
from packing material for shipments that arrive without a complete
certificate or exporter statement as required, are contained in part 354
of this chapter.
[60 FR 27674, May 25, 1995, as amended at 63 FR 50111, Sept. 18, 1998]
Sec. 319.40-11 Plant pest risk assessment standards.
When evaluating a request to import a regulated article not allowed
importation under this subpart, or a request to import a regulated
article under conditions other than those prescribed by this subpart,
APHIS will conduct the following analysis to determine the plant pest
risks associated with each requested importation in order to determine
whether or not to issue a permit under this subpart or to propose
regulations establishing conditions for the importation into the United
States of the regulated article.
(a) Collecting commodity information. (1) APHIS will evaluate the
application for information describing the regulated article and the
origin, processing, treatment, and handling of the regulated article;
and
(2) APHIS will evaluate history of past plant pest interceptions or
introductions (including data from foreign countries) associated with
the regulated article.
(b) Cataloging quarantine pests. For the regulated article specified
in an application, APHIS will determine what plant pests or potential
plant pests are associated with the type of tree from which the
regulated article was derived, in the country and locality from which
the regulated article is to be exported. A plant pest that meets one of
the following criteria is a quarantine pest and will be further
evaluated in accordance with paragraph (c) of this section:
(1) Non-indigenous plant pest not present in the United States;
(2) Non-indigenous plant pest, present in the United States and
capable of further dissemination in the United States;
(3) Non-indigenous plant pest that is present in the United States
and has reached probable limits of its ecological range, but differs
genetically from the plant pest in the United States in a way that
demonstrates a potential for greater damage potential in the United
States;
(4) Native species of the United States that has reached probable
limits of its ecological range, but differs genetically from the plant
pest in the United States in a way that demonstrates a potential for
greater damage potential in the United States; or
(5) Non-indigenous or native plant pest that may be able to vector
another plant pest that meets one of the criteria in paragraphs (b)(1)
through (4) of this section.
(c) Determining which quarantine pests to assess. (1) APHIS will
divide quarantine pests identified in paragraph (b) of this section into
groups depending upon where the plant pest is most likely to be found.
The plant pests would be grouped as follows:
(i) Plant pests found on the bark;
(ii) Plant pests found under the bark; and
(iii) Plant pests found in the wood.
(2) APHIS will subdivide each of the groups in paragraph (c)(1) of
this section into associated taxa.
(3) APHIS will rank the plant pests in each group in paragraph
(c)(2) of this section according to plant pest risk, based on the
available biological information and demonstrated plant pest importance.
(4) APHIS will identify any plant pests ranked in paragraph (c)(3)
of this section for which plant pest risk assessments have previously
been performed in accordance with this section. APHIS will conduct
individual plant pest risk assessments for the remaining plant pests,
starting with the highest ranked plant pest(s) in each group.
[[Page 280]]
(5) The number of plant pests in each group to be evaluated through
individual plant pest risk assessment will be based on biological
similarities of members of the group as they relate to measures taken in
connection with the importation of the regulated article to mitigate the
plant pest risk associated with the regulated article. For example, if
the plant pest risk assessment for the highest ranked plant pest
indicates a need for a mitigation measure that would result in the same
reduction of risk for other plant pests ranked in the group, the other
members need not be subjected to individual plant pest risk assessment.
(d) Conducting individual plant pest risk assessments. APHIS will
evaluate each of the plant pests identified in paragraph (c)(4) of this
section by:
(1) Estimation of the probability of the plant pest being on, with,
or in the regulated article at the time of importation;
(2) Estimation of the probability of the plant pest surviving in
transit on the regulated article and entering the United States
undetected;
(3) Estimation of the probability of the plant pest colonizing once
it has entered into the United States;
(4) Estimation of the probability of the plant pest spreading beyond
any colonized area; and
(5) Estimation of the damage to plants that could be expected upon
introduction and dissemination within the United States of the plant
pest.
(e) Estimating unmitigated overall plant pest risk. APHIS will
develop an estimation of the overall plant pest risk associated with
importing the regulated article based on compilation of individual plant
pest risk assessments performed in accordance with paragraph (d) of this
section.
(f) Evaluating available requirements to determine whether they
would allow safe importation of the regulated article. The requirements
of this subpart, and any other requirements relevant to the regulated
article and plant pests involved, will be compared with the individual
plant pest risk assessments in order to determine whether particular
conditions on the importation of the regulated article would reduce the
plant pest risk to an insignificant level. If APHIS determines that the
imposition of particular conditions on the importation of the regulated
article could reduce the plant pest risk to an insignificant level, and
determines that sufficient APHIS resources are available to implement or
ensure implementation of the conditions, APHIS will implement rulemaking
to allow importation of the requested regulated article under the
conditions identified by the plant pest risk assessment process.