[Federal Register Volume 68, Number 243 (Thursday, December 18, 2003)]
[Proposed Rules]
[Pages 70448-70463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31202]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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 

  Federal Register / Vol. 68, No. 243 / Thursday, December 18, 2003 / 
Proposed Rules  

[[Page 70448]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 02-106-1]


Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We propose to amend the fruits and vegetables regulations to 
list a number of fruits and vegetables from certain parts of the world 
as eligible, under specified conditions, for importation into the 
United States. All of the fruits and vegetables, as a condition of 
entry, would be inspected and subject to treatment at the port of first 
arrival as may be required by an inspector. In addition, some of the 
fruits and vegetables would be required to meet other special 
conditions. We also propose to recognize areas in Peru as free from the 
South American cucurbit fly. These actions would provide the United 
States with additional types and sources of fruits and vegetables while 
continuing to protect against the introduction of quarantine pests 
through imported fruits and vegetables.

DATES: We will consider all comments that we receive on or before 
February 17, 2004.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 02-106-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 02-106-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
02-106-1'' on the subject line.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne Burnett, Senior Import 
Specialist, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-
1236; (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 319.56 
through 319.56-8, referred to below as the regulations) prohibit or 
restrict the importation of fruits and vegetables into the United 
States from certain parts of the world to prevent the introduction and 
spread of plant pests that are new to or not widely distributed within 
the United States.
    At the request of various importers and foreign ministries of 
agriculture, we propose to amend the regulations to list a number of 
fruits and vegetables from certain parts of the world as eligible, 
under certain conditions, for importation into the United States. We 
also propose to list certain fruits and vegetables that have been 
imported into the United States under a permit without being 
specifically listed in the regulations to improve the transparency of 
our regulations.
    The fruits and vegetables referred to in this document would have 
to be imported under a permit and would be subject to the requirements 
in Sec.  319.56-6 of the regulations. Under Sec.  319.56-6, all 
imported fruits and vegetables, as a condition of entry into the United 
States, must be inspected; they are also subject to disinfection at the 
port of first arrival if an inspector requires it. Section 319.56-6 
also provides that any shipment of fruits and vegetables may be refused 
entry if the shipment is so infested with plant pests that an inspector 
determines that it cannot be cleaned or treated.
    Some of the fruits and vegetables proposed for importation would 
have to meet other special conditions. The proposed conditions of 
entry, which are discussed below, appear adequate to prevent the 
introduction and spread of quarantine pests through the importation of 
these fruits and vegetables.
    We have prepared a pest risk assessment or, in two cases, a 
decision sheet, for each of the fruits and vegetables that we propose 
to add, unless we have allowed their entry previously under a permit. 
Copies of the pest risk assessments and decision sheets are available 
from the person listed under FOR FURTHER INFORMATION CONTACT.
    We also propose to make other amendments to update and clarify the 
regulations and improve their effectiveness. Our proposed amendments 
are discussed below by topic.

Inspected and Subject to Disinfection

    Section 319.56-2t lists fruits and vegetables that may be imported 
into the United States upon inspection and subject to disinfection. We 
propose to amend that list to include additional fruits and vegetables 
from certain countries; some of the fruits and vegetables would be 
added in response to requests that we have received, while others have 
been imported into the United States under a permit but are not listed 
in the regulations. We also propose to make miscellaneous, 
nonsubstantive changes to Sec.  319.56-2t. All of these proposed 
changes are discussed below.

African Horned Cucumber From Chile

    We propose to amend Sec.  319.56-2t to allow the entry of the 
African horned cucumber (Cucumis metuliferus) fruit from Chile. The 
pest risk assessment indicates that there are no quarantine pests 
associated with the African horned cucumber fruit from Chile that are 
likely to follow the import pathway. Therefore, we believe that the 
African horned cucumber from Chile may be imported into the United 
States under the requirements in Sec.  319.56-6. The pest

[[Page 70449]]

risk assessment was limited to the continental United States. 
Therefore, we would require African horned cucumber from Chile to be 
shipped in boxes labeled ``Not for importation or distribution in HI, 
PR, VI, or Guam.''

Annona spp. from Grenada

    We propose to amend Sec.  319.56-2t to allow the entry of 
commercial fruit shipments of cherimoya (Annona cherimola), soursop (A. 
muricata), custard apple (A. reticulata), sugar apple (A. squamosa), 
and atemoya (A. squamosa x A. cherimola) into the United States from 
Grenada.
    The Government of Grenada requested that we authorize the 
importation of these commodities several years ago, before we routinely 
prepared pest risk assessments according to the guidelines provided by 
the Food and Agriculture Organization and the North American Plant 
Protection Organization. At that time, we prepared decision sheets. 
Decision sheets contain relatively the same information that is 
contained in modern pest risk assessments, but without the standardized 
format.
    The decision sheet identified three internal feeders as quarantine 
pests in the West Indies: Bephratelloides cubensis, Talponia batesi, 
and Cerconota anonella. Because of the possibility that these internal 
feeders may have existed in Grenada, we did not issue a permit to allow 
the importation of Annona spp. fruit. Subsequently, Grenada informed us 
that they did not have those pests. We agreed to reconsider their 
import request if a survey determined that the internal feeders were 
indeed not present in Annona spp. fruit grown in Grenada. Grenada 
conducted a 3-year survey for the internal feeders and sampled more 
than 16,000 fruits, and no internal feeders or quarantine pests were 
found. In addition to approving the survey protocol, the Animal and 
Plant Health Inspection Service (APHIS) periodically observed the 
survey. More information on the survey and copies of the report may be 
obtained from the person listed under FOR FURTHER INFORMATION CONTACT.
    We would limit imports of Annona spp. fruit to commercial shipments 
because produce grown commercially is less likely to be infested with 
plant pests than noncommercial shipments. Noncommercial shipments are 
more prone to infestations because the commodity is often ripe to 
overripe, could be a variety with unknown susceptibility to pests, and 
is often grown with little or no pest control. Commercial shipments, as 
defined in Sec.  319.56-1, are shipments of fruits and vegetables that 
an inspector identifies as having been produced for sale and 
distribution in mass markets. Identification of a particular shipment 
as commercial is based on a variety of indicators, including, but not 
limited to, the quantity of produce, the type of packaging, 
identification of a grower or packing house on the packaging, and 
documents consigning the shipment to a wholesaler or retailer.
    Based on the survey results and the decision sheet, we believe that 
restricting imports of Annona spp. fruit to commercial shipments and 
requiring inspection at the port of first arrival would be adequate to 
mitigate any pest risks. Therefore, we propose to list Annona spp. 
fruits from Grenada in Sec.  319.56-2t.

Fruits and Vegetables From Mexico

    The regulations in Sec.  319.56-2(e) provide that any fruit or 
vegetable, except those otherwise restricted, may be imported under 
permit if APHIS is satisfied that the fruit or vegetable meets one of 
several conditions:
    (1) The fruit or vegetable is not attacked in the country of origin 
by quarantine pests.
    (2) It has been treated or is to be treated for all quarantine 
pests in the country of origin, in accordance with conditions and 
procedures that may be prescribed by the Administrator.
    (3) It is imported from a definite area or district in the country 
of origin that is free from all quarantine pests that attack the fruit 
or vegetable and its importation is in compliance with the criteria of 
Sec.  319.56-2(f).
    (4) It is imported from a definite area or district of the country 
of origin that is free from quarantine pests that attack the fruit or 
vegetable and the criteria of Sec.  319.56-2(f) are met with regard to 
those quarantine pests, provided that all other quarantine pests that 
attack the fruit or vegetable in the area or district of the country of 
origin have been eliminated from the fruit or vegetable by treatment or 
any other procedures that may be prescribed by the Administrator.
    Prior to 1992, APHIS did not specifically amend the regulations to 
list those fruits and vegetables for which we issued a permit after 
determining that the fruit or vegetable was eligible for entry under 
the regulations in Sec.  319.56-2(e). However, in 1992, in an effort to 
increase transparency, we changed our approach and began to amend the 
regulations to specifically list all newly eligible fruits and 
vegetables (i.e., those that were not previously eligible under a 
specific administrative instruction or imported under permit in 
accordance with Sec.  319.56-2(e)). In most cases, we have not amended 
the regulations to list the fruits and vegetables that were allowed 
entry exclusively under permit prior to our decision to specifically 
list the commodities in the regulations.
    In this document, we propose to list the following fruits and 
vegetables in Sec.  319.56-2t. These fruits and vegetables, which we 
determined meet the criteria of Sec.  319.56-2(e)(4), have been 
imported into the United States from Mexico under permit since before 
1992.

----------------------------------------------------------------------------------------------------------------
              Common name                       Botanical name                        Plant part(s)
----------------------------------------------------------------------------------------------------------------
Allium................................  Allium spp....................  Whole plant.
Asparagus.............................  Asparagus officinalis.........  Whole plant.
Beet..................................  Beta vulgaris.................  Whole plant.
Carrot................................  Daucus carota.................  Whole plant.
Coconut...............................  Cocos nucifera................  Fruit without husk.
Eggplant..............................  Solanum melongena.............  Whole plant.
Grape.................................  Vitis spp.....................  Fruit, cluster, leaves.
Jicama................................  Pachyrhizus tuberosus.........  Whole plant.
Lemon.................................  Citrus limon..................  Fruit.
Lime, sour............................  Citrus aurantiifolia..........  Fruit.
Parsley...............................  Petroselinum crispum..........  Whole plant.
Pineapple.............................  Ananas comosus................  Fruit.
Prickly-pear pad......................  Opuntia spp...................  Pad.
Radish................................  Raphanus sativus..............  Whole plant.
Tomato................................  Lycopersicon lycopersicum.....  Whole plant.
Tuna..................................  Opuntia spp...................  Fruit.
----------------------------------------------------------------------------------------------------------------


[[Page 70450]]

    In addition, although the flower of banana (Musa spp.) and the 
inflorescence of cucurbits (Cucurbitaceae) are currently listed in 
Sec.  319.56-2t as admissible plant parts from Mexico, the fruit of 
banana and the flower and fruit of cucurbits have been admissible as 
well under permit. Therefore, we propose to amend the existing entries 
for bananas and cucurbits from Mexico so that all admissible plant 
parts of those commodities are listed in Sec.  319.56-2t.
    While a few quarantine pests have been detected on these particular 
fruits and vegetables during inspection at the ports, they have been 
eliminated from the fruit or vegetable by treatment or other 
procedures. Therefore, we believe that these fruits and vegetables, or 
plant parts, should be listed in Sec.  319.56-2t so that the 
regulations specifically indicate that these commodities may be 
imported from Mexico. In accordance with Sec.  319.56-6, these fruits 
and vegetables would continue to be inspected at the port of first 
arrival and, if required by an inspector, disinfected at the port of 
first arrival.

Coconut Fruit With Milk and Husk From Mexico

    In 1989, we prepared a decision sheet in response to Mexico's 
request to export coconut fruit with milk and husk to the United 
States. Because we identified two quarantine pests of concern (the red 
ring nematode [Rhadinaphelenchus cocophlus] and lethal yellowing 
disease), we denied the request.
    Since that time, however, we have determined that the risk 
associated with red ring nematode is low. In 1992, we amended 7 CFR 
319.37-5(g) to allow seed coconuts to be imported into the United 
States from Costa Rica, where the red ring nematode is also known to 
occur, since the risk associated with introducing red ring nematode in 
seed coconuts was determined to be low. Prior to that amendment, the 
importation of seed coconut was allowed only from Jamaica, where the 
red ring nematode is not known to occur. Given that the risk associated 
with the red ring nematode is the same for seed coconuts and coconuts 
with milk and husk, and that seed coconut from Costa Rica has been 
successfully imported into the United States for over a decade, we have 
reconsidered Mexico's request and propose to allow coconut fruit with 
milk and husk to be imported into the United States from Mexico if 
inspected at the port of first arrival in accordance with Sec.  319.56-
6. Because the risk associated with the red ring nematode is low, we 
believe that inspection at the port of first arrival is sufficient to 
mitigate the risk.
    To mitigate the risk associated with lethal yellowing disease, we 
propose to allow coconut fruit with milk and husk to be imported into 
the United States from Mexico under conditions similar to the existing 
conditions for the importation of seed coconuts from Costa Rica and 
Jamaica. Seed coconuts imported into the United States from Costa Rica 
or Jamaica must be of either the Malayan dwarf variety or the Maypan 
variety, which are resistant to lethal yellowing disease. The seed 
coconuts must be accompanied by a phytosanitary certificate which 
declares that the coconuts are either the Malayan dwarf variety or the 
Maypan variety.
    Therefore, we are proposing to require that the coconut fruit with 
milk and husk be accompanied by a phytosanitary certificate issued by 
the national plant protection organization (NPPO) of Mexico with an 
additional declaration stating that the fruit is of the Malayan dwarf 
variety or Maypan variety (=F1 hybrid, Malayan DwarfxPanama 
Tall), based on verification of the parent stock. Inspection at the 
port of entry would further mitigate the risk associated with lethal 
yellowing disease. We believe that these proposed conditions are 
adequate to prevent the introduction of the quarantine pests of 
concern. Therefore, we propose to list coconut fruit with milk and husk 
from Mexico in Sec.  319.56-2t.

Pitaya From Mexico

    Based on a pest risk assessment conducted for pitaya from Mexico 
that identified the pests of concern as the Mediterranean fruit fly 
(Medfly, Ceratitis capitata), fruit flies of the genus Anastrepha, gray 
pineapple mealybug (Dymicoccus neobrevipes), and passionvine mealybug 
(Planococcus minor), we propose to allow the entry of pitaya from 
Mexico only under certain conditions.
    In addition to requiring that pitaya from Mexico be subject to 
inspection and disinfection at the port of entry, we would require that 
the pitaya be grown in an area that has been recognized as a fruit fly-
free area. The regulations in Sec.  319.56-2(h) list the municipalities 
in Mexico that APHIS has determined meet the criteria of Sec.  319.56-
2(e) and (f) with regard to freedom from the Medfly and fruit flies of 
the genus Anastrepha.
    The fruit would have to be accompanied by a phytosanitary 
certificate issued by Mexico's NPPO declaring that the fruit originated 
in an area designated in Sec.  319.56-2(h) as free from pests and, upon 
inspection, was found free of D. neobrevipes and P. minor. These 
additional conditions would be necessary to assure us that the product 
originated in a fruit fly-free area and was inspected and found free of 
the specified mealybugs.
    Because the pest risk assessment was limited to the continental 
United States, we would require pitaya from Mexico to be shipped in 
boxes labeled ``Not for importation or distribution in HI, PR, VI, or 
Guam.''
    We believe that these proposed conditions are adequate to prevent 
the introduction of the quarantine pests of concern. Therefore, we 
propose to list pitaya from Mexico in Sec.  319.56-2t.

Other Amendments to Sec.  319.56-2t

    In many cases, the entries for specific fruits and vegetables in 
the table in Sec.  319.56-2t include additional conditions, such as 
restrictions on the distribution of the fruit or vegetable or a 
requirement that the fruit or vegetable originate in a pest-free area 
and be so certified on a phytosanitary certificate. We propose to 
remove those additional conditions from the table and place them in a 
new paragraph (b) in Sec.  319.56-2t. In the table, the entries in 
which the additional conditions had appeared would instead include a 
reference to the paragraph or paragraphs in the new paragraph (b) where 
the applicable conditions would appear. We believe this reorganization 
of the information contained in the table would make the table easier 
to read and use and would eliminate the need to repeat the same 
conditions multiple times when those conditions apply to more than one 
fruit or vegetable.
    In order to minimize the number of restrictions in the proposed new 
paragraph (b), we would state certain requirements more generally. For 
instance, rather than stating that a phytosanitary certificate must be 
issued by the NPPO of a specific country, we would state that the 
phytosanitary certificate must be issued by the NPPO of the country of 
origin. Because the term ``country of origin'' is not defined in the 
regulations, we propose to add a definition of the term ``country of 
origin'' in Sec.  319.56-1. The term ``country of origin'' would be 
defined as ``Country where the plants from which the plant products are 
derived were grown,'' which is consistent with the definition provided 
in the standards of the International Plant Protection Convention of 
the United Nations' Food and Agriculture Organization.
    The entries for some of the fruits and vegetables in the current 
regulations specify that the commodity may not be imported into or 
distributed within

[[Page 70451]]

certain areas. For example, papaya from Guatemala is prohibited entry 
into Hawaii due to the papaya fruit fly, and cartons in which fruit is 
packed must be stamped ``Not for importation into or distribution 
within HI.'' However, for other commodities, such as dasheen from 
Indonesia, the required statement refers only to distribution (i.e., 
the statement does not refer to both importation and distribution). For 
consistency, we would specify that the importation into, as well as the 
distribution within, certain areas is prohibited.
    Under Sec.  319.56-2t, lucuma, mountain papaya, and sand pear from 
Chile may be imported from a Medfly-free area. However, the regulations 
do not specify that a phytosanitary certificate declaring that the 
commodity was grown in a Medfly-free area must accompany the shipment. 
We propose to add that requirement for those commodities.
    We also propose to make grammatical changes and updates throughout 
the list of fruits and vegetables. The footnote for Haiti concerning 
Executive Order 12779 would be removed because that Executive order was 
revoked on October 16, 1994 (59 FR 52403, published October 18, 1994). 
The footnote requiring that no green may be visible on the shoot of 
asparagus from Austria would be removed and added to the entry for 
asparagus from Austria. We would also amend the entry for watermelon 
from Spain by changing the scientific name provided for watermelon from 
Citrullus vulgaris to C. lanatus. C. lanatus is the most current 
scientific name for watermelon, and C. vulgaris is a synonym.

Melon and Watermelon From Certain Countries in South America

    We propose to amend the regulations to allow the entry of 
commercial shipments of watermelon and several varieties of melon 
(Cucumis melo L. subsp. melo) into the United States from Peru. The 
specific varieties of melon that would be considered for importation 
include cantaloupe, netted melon (muskmelon, nutmeg melon, and Persian 
melon), vegetable melon (snake melon and oriental pickling melon), and 
winter melon (honeydew and casaba melon).
    At the request of the Government of Peru, we conducted a pest risk 
assessment for melon and watermelon from Peru. In that assessment, we 
identified the pests of concern as the South American cucurbit fly (A. 
grandis) and the gray pineapple mealybug. We propose to allow the entry 
of melon and watermelon from Peru only under certain conditions to 
prevent the introduction into the United States of the South American 
cucurbit fly and the gray pineapple mealybug. These proposed 
conditions, which are discussed below, are similar to the existing 
conditions under which certain melon and watermelon may be imported 
from Ecuador (Sec.  319.56-2y) and from Brazil and Venezuela (Sec.  
319.56-2aa).
    The melon and watermelon would have to be grown in areas of Peru 
considered by APHIS to be free of the South American cucurbit fly. Peru 
recently provided APHIS with fruit fly survey data that demonstrate 
that the Departments of Lima, Ica, Arequipa, Moquegua, and Tacna meet 
the criteria for freedom in Sec.  319.56-2(e) and (f) relative to the 
South American cucurbit fly. (The survey data is available upon request 
from the person listed under FOR FURTHER INFORMATION CONTACT.) 
Therefore, we propose to consider those areas as free of the South 
American cucurbit fly in Peru and to list them as such.
    In addition, shipments of melon and watermelon would have to be 
accompanied by a phytosanitary certificate issued by the Peruvian NPPO 
that includes a declaration that the fruit was grown in an area 
recognized to be free of the South American cucurbit fly, and upon 
inspection, was found free of the gray pineapple mealybug. We would 
also specify in the regulations that only commercial shipments of melon 
and watermelon from Peru may be imported, given that, as discussed 
previously with respect to Annona spp. fruit from Grenada, produce 
grown commercially is less likely to be infested with plant pests than 
noncommercial shipments.
    The pest risk assessment was limited to the continental United 
States. Therefore, we would require melon and watermelon from Peru to 
be shipped in boxes labeled ``Not for distribution in HI, PR, VI, or 
Guam.'' All shipments of melon and watermelon would have to be labeled 
in accordance with Sec.  319.56-2(g), which states, in part, that the 
box of fruit imported into the United States must be clearly labeled 
with the name of the orchard or grove of origin, or the name of the 
grower; and the name of the municipality and State in which it was 
produced; and the type and amount of fruit it contains.
    We believe that the above conditions would be adequate to guard 
against the introduction of quarantine pests into the United States 
with melon and watermelon imported from Peru.
    As noted previously, the requirements for cantaloupe and watermelon 
from Ecuador are in Sec.  319.56-2y, and the requirements for melons 
and watermelon from Brazil and Venezuela are in Sec.  319.56-2aa. 
Because these sections are similar, we propose to combine them into a 
single section, which would also contain the requirements described 
above for melons and watermelon from Peru. The section would be 
entitled ``Conditions governing the entry of melon and watermelon from 
South America.''
    Specific reference to each country's agricultural department would 
be changed to the more general reference of the country's NPPO, thus 
avoiding the need to amend the regulations should the specific name of 
the NPPO change. In Sec.  319.56-2y(a)(2), ``South American cucurbit 
fruit fly'' would be corrected to ``South American cucurbit fly 
(Anastrepha grandis).'' The requirement for phytosanitary certificates 
for cantaloupe, honeydew melon, and watermelon from Brazil and 
Venezuela, which would be moved from Sec.  319.56-2aa(a)(2) to Sec.  
319.56-2y(b)(1) for Brazil and Sec.  319.56-2y(c)(1) for Venezuela, 
would be amended to modify the requirement for the additional 
declaration. Rather than requiring that the declaration indicate that 
the cantaloupe or melons were grown in an area recognized to be free of 
the South American cucurbit fly, we would replace the terms 
``cantaloupe or melons'' with the more general term ``fruit.'' Because 
we are combining two sections into a single section, changes such as 
updating references to ``this section'' to read ``this paragraph'' 
would be necessary. In addition, we would make other minor, 
nonsubstantive grammatical and style changes for consistency.

Watermelon, Squash, Cucumber, and Oriental Melon From the Republic of 
Korea

    We propose to allow watermelon, squash (Curcurbita maxima), 
cucumber (Cucumis sativus), and oriental melon (C. melo) to be imported 
into the United States from the Republic of Korea under certain 
conditions, which would be set forth in Sec.  319.56-2aa. (As discussed 
above, the current Sec.  319.56-2aa would be combined with Sec.  
319.56-2y.) These fruits can be the host of several quarantine pests, 
including the pumpkin fruit fly (Bactrocera depressa), the cotton 
caterpillar (Diaphania indica), and the Asian corn borer (Ostrinia 
furnacalis), which were identified as pests with high pest-risk 
potential in the pest risk assessment. The cucumber green mottle mosaic 
virus was identified as a quarantine pest with medium pest-risk 
potential in the pest risk assessment.
    We believe that the following conditions would guard against the

[[Page 70452]]

entry of the specified quarantine pests in shipments of watermelon, 
squash, cucumber, and oriental melon imported from the Republic of 
Korea into the United States:

------------------------------------------------------------------------
                                             Quarantine pest to which it
                 Condition                             applies
------------------------------------------------------------------------
The watermelon, squash, cucumber, and       B. depressa, D. indica, O.
 oriental melon must be grown in pest-       furnacalis.
 proof greenhouses registered with the
 Republic of Korea's NPPO.
The NPPO must inspect and regularly         B. depressa, D. indica, O.
 monitor greenhouses for plant pests. The    furnacalis, cucumber green
 NPPO must inspect greenhouses and plants,   mottle mosaic virus.
 including fruit, at intervals of no more
 than 2 weeks, from the time of fruit set
 until the end of harvest.
The NPPO must set and maintain fruit fly    B. depressa.
 traps in greenhouses from October 1 to
 April 30. The number of traps must be set
 as follows: Two traps for greenhouses
 smaller than 0.2 hectare in size; three
 traps for greenhouses 0.2 to 0.5 hectare;
 four traps for greenhouses over 0.5
 hectare and up to 1.0 hectare; and for
 greenhouses greater than 1 hectare, traps
 must be placed at a rate of four traps
 per hectare.
The NPPO must check all traps once every 2  B. depressa.
 weeks. If a single pumpkin fruit fly is
 captured, that greenhouse will lose its
 registration until trapping shows that
 the infestation has been eradicated.
The fruit may be shipped only from          B. depressa.
 December 1 through April 30.
Each shipment must be accompanied by a      B. depressa, D. indica, O.
 phytosanitary certificate issued by NPPO,   furnacalis, cucumber green
 with the following additional               mottle mosaic virus.
 declaration: ``The regulated articles in
 this shipment were grown in registered
 greenhouses as specified by 7 CFR 319.56-
 2aa''.
Each shipment must be protected from pest   B. depressa, D. indica, O.
 infestation from harvest until export.      furnacalis.
 Newly harvested fruits must be covered
 with insect-proof mesh or a plastic
 tarpaulin while moving to the
 packinghouse and awaiting packing. Fruit
 must be packed within 24 hours of
 harvesting, in an enclosed container or
 vehicle or in insect-proof cartons or
 cartons covered with insect-proof mesh or
 plastic tarpaulin, and then placed in
 containers for shipment. These safeguards
 must be intact when the shipment arrives
 at the port in the United States.
------------------------------------------------------------------------

Grapes from the Republic of Korea

    We propose to allow the importation of grapes (Vitis spp.) into the 
United States from the Republic of Korea under certain conditions that 
would be set forth in a new Sec.  319.56-2ll. The quarantine pests of 
concern for grapes grown in the Republic of Korea that were rated 
``high'' in the pest risk assessment are the yellow peach moth 
(Conogethes punctiferalis), grapevine moth (Eupoecilia ambiguella), 
leaf-rolling torix (Sparganothis pilleriana), apple heliodinid 
(Stathmopoda auriferella), and the plant pathogenic fungus Monilinia 
fructigena. Another quarantine pest of concern is the moth Nippoptilia 
vitis, which was rated ``medium'' in the pest risk assessment. We 
propose the following phytosanitary measures to guard against the entry 
of quarantine pests in shipments of grapes imported from the Republic 
of Korea into the United States:
    (1) The fields where the grapes are grown must be inspected during 
the growing season by the NPPO. The NPPO must inspect 250 grapevines 
per hectare, inspecting leaves, stems, and fruit of the vines.
    (2) If evidence of C. punctiferalis, E. ambiguella, S. pilleriana, 
S. auriferella, or M. fructigena is detected during inspection, the 
field will immediately be rejected, and exports from that field will be 
canceled until visual inspection of the vines shows that the 
infestation has been eradicated.
    (3) Fruit must be bagged from the time the fruit sets until 
harvest.
    (4) Each shipment must be inspected by NPPO before export. For each 
shipment, NPPO must issue a phytosanitary certificate with an 
additional declaration stating that the fruit in the shipment was found 
free from C. punctiferalis, E. ambiguella, S. pilleriana, S. 
auriferella, M. fructigena, and N. vitis.
    We believe that these proposed growing, inspection, and shipping 
requirements would be adequate to prevent the introduction of 
quarantine pests into the United States with grapes imported from the 
Republic of Korea.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is set out below, regarding the 
economic effects of this proposed rule on small entities. Based on the 
information we have, there is no reason to conclude that adoption of 
this proposed rule would result in any significant economic effect on a 
substantial number of small entities. However, we do not currently have 
all of the data necessary for a comprehensive analysis of the effects 
of this proposed rule on small entities. Therefore, we are inviting 
comments on potential effects. In particular, we are interested in 
determining the number and kind of small entities that may incur 
benefits or costs from the implementation of this proposed rule.
    Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary 
of Agriculture is authorized to regulate the importation of plants, 
plant products, and other articles to prevent the introduction of plant 
pests into the United States or the dissemination of plant pests within 
the United States.
    We propose to amend the fruits and vegetables regulations to list a 
number of fruits and vegetables from certain parts of the world as 
eligible, under specified conditions, for importation into the United 
States. All of the fruits and vegetables, as a condition of entry, 
would be inspected and subject to such disinfection at the port of 
first arrival as may be required by an inspector. In addition, some of 
the fruits and vegetables would be required to meet other special 
conditions. We also propose to recognize areas in Peru as free from the 
South American cucurbit fly. These actions would provide the United 
States with additional kinds and

[[Page 70453]]

sources of fruits and vegetables while continuing to provide protection 
against the introduction and spread of quarantine pests.

Availability of and Request for Production and Trade Data

    For some of the commodities proposed for importation into the 
United States in this document, data on the levels of production are 
unavailable for a number of reasons. Some of these commodities are not 
produced in significant quantities either in the United States or in 
the country that would be exporting the commodity to the United States. 
Generally, statistical data are less available for commodities produced 
in small quantities when compared to a country's more widely or 
commercially produced commodities. The uncertainty surrounding the cost 
and availability of transportation and the demand for the commodity in 
the United States increases the difficulty in obtaining estimates of 
the potential volume of commodities exported from foreign countries to 
the United States.
    Therefore, we are requesting the public to provide APHIS with any 
available data regarding the production or trade of Annona spp. in the 
United States and Grenada and pitaya in the United States and Mexico. 
These data will assist us in further assessing the effects that 
allowing the importation of these commodities could have on U.S. 
producers or consumers.

Effects on Small Entities

    Data on the number and size of U.S. producers of the various 
commodities proposed for importation into the United States in this 
document are not available. However, since most fruit and vegetable 
farms are small by Small Business Administration standards, it is 
likely that the majority of U.S. farms producing the commodities 
discussed below are small. Potential economic effects that could occur 
if this proposal is adopted are discussed below by commodity and 
country of origin.
    African horned cucumber from Chile. We propose to amend the 
regulations to allow the entry of African horned cucumber from Chile. 
African horned cucumber is a specialty crop that is grown in small 
quantities. Less than 20 acres of the fruit are cultivated in 
California; and less than 10 acres in Region V (Olmue) and Region X 
(Osorno) of Chile have been cultivated since 1996. Approximately 32,000 
pounds of fruit are expected to be shipped to the United States 
annually from March to May. There is no reason to believe that allowing 
imports of African horned cucumber from Chile would have any 
significant economic impact on U.S. entities. In addition, we believe 
that U.S. consumers of African horned cucumber would benefit from the 
increase in its supply and availability.
    Annona spp. from Grenada. In this document, we propose to allow the 
entry of commercial fruit shipments of cherimoya, soursop, custard 
apple, sugar apple, and atemoya, which are species of Annona, into the 
United States from Grenada. In the United States, Annona spp. are 
apparently a specialty crop produced on a small scale mainly in 
southern California; thus no data on the U.S. production of Annona spp. 
are available. Although no separate data are available on the 
production and trade of Annona spp. from Grenada, data may have been 
included with the production of all apples. From 2001 to 2003, Grenada 
produced an average of 533 metric tons of apples. In addition, Annona 
spp. exports may be included under the category of ``apples, not 
elsewhere specified,'' which includes wild apples. The 3-year average 
for exports of apples, not elsewhere specified, from Grenada is 5 
metric tons. We believe any exports to the United States would be 
minimal and would not have any significant economic effect on U.S. 
producers, whether small or large, or consumers. In addition, we 
believe that U.S. consumers of Annona spp. would benefit from the 
increase in its supply and availability.
    Fruit and vegetables from Mexico. We propose to specifically list 
Allium spp., asparagus, banana, beets, carrots, coconut fruit without 
husk, cucurbits, eggplant, grape, jicama, lemon, sour lime, parsley, 
pineapple, prickly pear pads, radish, tomato, and tuna as admissible 
fruits and vegetables from Mexico. Because these fruits and vegetables 
are admissible into the United States from Mexico under permit, 
specifically listing these commodities in the regulations would not 
have any economic effect on U.S. producers, whether small or large, or 
consumers. While production and trade data are not available for 
jicama, prickly pear, and tuna from Mexico or the United States, data 
are shown for the other commodities, as available, in table 1. The data 
provided in table 1 are based on either a 2- or 3-year average. The 
averages presented for most U.S. and Mexican production and trade, as 
well as for tomato exports from Mexico, are for the 3-year period of 
2000, 2001, and 2002. A 2-year average for 2000 and 2001 is given for 
exports from Mexico (except tomatoes), U.S. production of parsley and 
beets, and U.S. imports of parsley and cucurbits.

         Table 1.--U.S. and Mexican Production and Trade Data (in metric tons) of Fruits and Vegetables
----------------------------------------------------------------------------------------------------------------
                                                   U.S. imports
            Commodity                  U.S.          from all      U.S. imports       Mexican         Mexican
                                    production       countries      from Mexico     production        exports
----------------------------------------------------------------------------------------------------------------
Allium spp.:
    Shallot and green onion.....         444,429         257,784         159,953       1,021,605         599,491
    Garlic......................         258,680          37,806          14,776          50,894          27,544
    Leek and other alliaceous              (\1\)           3,040           2,752           (\1\)          87,455
     vegetables.................
Asparagus.......................         103,060          75,086          38,231          57,545          44,378
Banana..........................          12,850       4,232,383          74,560       1,961,201         126,368
Beets...........................         101,738          20,341          15,254           (\1\)         775,100
Carrot..........................       1,913,700          85,037          23,508         358,054         201,944
Coconut.........................               0          63,075           4,854       1,058,667          87,584
Cucurbits:
    Melon and watermelons.......       2,969,250         882,350         363,902       1,469,700         572,529
    Cucumbers and gherkins......       1,078,800          15,035           1,924         416,667           7,880
    Pumpkins, squash, and gourds         761,253         223,697         148,343         550,000         372,294
Eggplant........................          77,290          40,233          36,863          59,000         135,697
Grape...........................       6,495,380         987,124         191,477         427,497         117,510
Lemon and lime..................         572,250         218,816         184,814       1,658,420         733,184
Parsley.........................          14,210           5,897           (\1\)           (\1\)           (\1\)
Pineapple.......................         302,500         348,617          19,923         598,629         117,510

[[Page 70454]]

 
Radish..........................          53,781          15,338          14,654           (\1\)           (\1\)
Tomato..........................      10,590,000         804,548         664,362       2,085,831      1,551,685
----------------------------------------------------------------------------------------------------------------
\1\ Not available.

    Coconut fruit with milk and husk from Mexico. As noted earlier in 
this document, coconut fruit without husk have been admissible into the 
United States from Mexico under permit. In this document, we propose to 
allow coconut fruit with milk and husk from Mexico to be imported into 
the United States. While the data on coconut production and trade do 
not differentiate between coconut fruit with or without husk and milk, 
it is possible that an increase in imports of coconuts into the United 
States from Mexico would occur, since coconut fruit with milk and husk 
have previously been inadmissible from Mexico. Because the U.S. 
production of coconut fruit with milk and husk is supplemented with 
imports in order to satisfy the domestic demand, we do not believe that 
allowing the importation of coconut fruit with milk and husk from 
Mexico would have a significant effect on either U.S. consumers or 
producers. In addition, we believe that U.S. consumers would benefit 
from the increase in the supply and availability of coconut fruit with 
milk and husk from Mexico.
    Pitaya from Mexico. In the United States, pitaya are a specialty 
crop produced on a small scale; thus no data on the U.S. production of 
pitaya are available. Mexican production and trade data are also not 
available.
    Melon and watermelon from Peru. We propose to amend the regulations 
to allow the entry of commercial shipments of watermelon and several 
varieties of melon (Cucumis melo L. subsp. melo) into the United States 
from Peru. The specific varieties of melons that would be considered 
for importation include cantaloupe, netted melon (muskmelon, nutmeg 
melon, and Persian melon), vegetable melon (snake melon and oriental 
pickling melon), and winter melon (honeydew and casaba melon). The 
melon and watermelon from Peru would be admissible from the Departments 
of Lima, Ica, Arequipa, Moquegua, and Tacna, which we propose to 
recognize as free of the South American cucurbit fly.
    From 2001 to 2003, the United States produced an average of almost 
3 million metric tons of melon and watermelon and imported an average 
of 882,350 metric tons. For that same 3-year period, Peru produced an 
average of 72,337 metric tons of melon and watermelon. For the 2-year 
period of 2000 and 2001, Peru exported an average of 1,393 metric tons 
of melon and watermelon. Because the U.S. production of melon and 
watermelon is supplemented with imports in order to satisfy the 
domestic demand, we do not believe that allowing the importation of 
melon and watermelon from certain areas of Peru would have a 
significant effect on either U.S. consumers or producers. In addition, 
we believe that U.S. consumers of melon and watermelon would benefit 
from the increase in its supply and availability.
    Watermelon, squash, cucumber, and oriental melon from the Republic 
of Korea. We propose to allow watermelon, squash, cucumber, and 
oriental melon to be imported into the United States from the Republic 
of Korea (South Korea) under certain conditions. Table 2 shows the 
average U.S. and South Korean production and trade data available for 
the 3-year period of 2000, 2001, and 2002, with a 2-year average for 
2000 and 2001 for exports from South Korea. Note that data include a 
broader category than what is actually proposed to be imported; e.g., 
we propose to import cucumber, but the data are available under the 
broader category of cucumber and gherkins.

      Table 2.--Production and Trade Data (in metric tons) for U.S. and South Korean Fruits and Vegetables
----------------------------------------------------------------------------------------------------------------
                                                   U.S. imports     U.S.imports
            Commodity                  U.S.          from all       from South     South Korean    South Korean
                                    production       countries         Korea        production        exports
----------------------------------------------------------------------------------------------------------------
Melon and watermelons...........       2,969,250         882,350               0         324,260             428
Cucumbers and gherkins..........       1,078,800          15,035               0         451,175           7,030
Pumpkins, squash, and gourds....         761,253         223,697               0         240,161             515
----------------------------------------------------------------------------------------------------------------

    Grapes from South Korea. We propose to allow the importation of 
grapes into the United States from South Korea under certain 
conditions. From 2001 to 2003, the United States produced an average of 
almost 6.5 million metric tons of grapes and imported an average of 
987,124 metric tons. For that same 3-year period, South Korea produced 
an average of 461,198 metric tons grapes (approximately 7 percent of 
the total U.S. production) with an average export of 101 metric tons. 
Because the U.S. production of grapes is supplemented with imports in 
order to satisfy the domestic demand, we do not believe that allowing 
the importation of grapes from South Korea would have a significant 
effect on either U.S. consumers or producers. In addition, we believe 
that U.S. consumers of grapes would benefit from the increase in its 
supply and availability.
    This proposed rule contains information collection requirements, 
which have been submitted for approval to the Office of Management and 
Budget (see ``Paperwork Reduction Act'' below).

Executive Order 12988

    This proposed rule would allow certain fruits and vegetables to be 
imported into the United States from certain parts of the world. If 
this proposed rule is adopted, State and local laws and regulations 
regarding the importation of fruits and vegetables under this rule 
would be preempted while the fruits and vegetables are in foreign 
commerce. Fresh fruits and vegetables are generally imported for 
immediate distribution and sale to the

[[Page 70455]]

consuming public and would remain in foreign commerce until sold to the 
ultimate consumer. The question of when foreign commerce ceases in 
other cases must be addressed on a case-by-case basis. If this proposed 
rule is adopted, no retroactive effect will be given to this rule, and 
this rule will not require administrative proceedings before parties 
may file suit in court challenging this rule.

National Environmental Policy Act

    APHIS' review and analysis of the potential environmental impacts 
associated with the proposed importations are documented in detail in 
an environmental assessment entitled ``Proposed Rule for the 12th 
Periodic Amendment of the Fruits and Vegetables Regulations'' 
(September 2003). The environmental assessment was prepared in 
accordance with: (1) The National Environmental Policy Act of 1969 
(NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the 
Council on Environmental Quality for implementing the procedural 
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations 
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing 
Procedures (7 CFR part 372).
    Copies of the environmental assessment are available for public 
inspection in our reading room (information on the location and hours 
of the reading room is provided under the heading ADDRESSES at the 
beginning of this document). In addition, copies may be obtained by 
writing to the individual listed under FOR FURTHER INFORMATION CONTACT. 
The environmental assessment may be viewed on the Internet at http://www.aphis.usda.gov/ppd/es/ppqdocs.html.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 02-106-1. 
Please send a copy of your comments to: (1) Docket No. 02-106-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance 
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue 
SW., Washington, DC 20250. A comment to OMB is best assured of having 
its full effect if OMB receives it within 30 days of publication of 
this proposed rule.
    In this document, we propose to amend the fruits and vegetables 
regulations to list a number of fruits and vegetables from certain 
parts of the world as eligible, under specified conditions, for 
importation into the United States. All of the fruits and vegetables, 
as a condition of entry, would be inspected and subject to treatment at 
the port of first arrival as may be required by an inspector. In 
addition, some of the fruits and vegetables would be required to meet 
other special conditions. We also propose to recognize areas in Peru as 
free from the South American cucurbit fly.
    Allowing these fruits and vegetables to be imported would 
necessitate the use of certain information collection activities, 
including the completion of import permits, phytosanitary certificates, 
and fruit fly monitoring records.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.1320 hours per response.
    Respondents: U.S. importers of fruits and vegetables; plant health 
officials of exporting countries.
    Estimated annual number of respondents: 141.
    Estimated annual number of responses per respondent: 5.5319.
    Estimated annual number of responses: 780.
    Estimated total annual burden on respondents: 103 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS's Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS's Information Collection Coordinator, at (301) 734-7477.

List of Subjects in 7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery stock, 
Plant diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, we propose to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

    1. The authority citation for part 319 would continue to read as 
follows:

    Authority: 7 U.S.C. 450 and 7701-7772; 21 U.S.C. 136 and 136a; 7 
CFR 2.22, 2.80, and 371.3.

    2. Section 319.56-1 would be amended by adding, in alphabetical 
order, a new definition for country of origin to read as follows:


Sec.  319.56-1  Definitions.

* * * * *
    Country of origin. Country where the plants from which the plant 
products are derived were grown.
* * * * *
    3. Section 319.56-2t would be revised to read as follows:


Sec.  319.56-2t  Administrative instructions: Conditions governing the 
entry of certain fruits and vegetables.

    (a) The following commodities may be imported into all parts of the 
United States, unless otherwise indicated, from the places specified, 
in accordance with Sec.  319.56-6 and all other applicable requirements 
of this subpart:

[[Page 70456]]



----------------------------------------------------------------------------------------------------------------
                                                                                                 Additional
                                                                                             restrictions  (See
       Country/locality            Common name       Botanical name       Plant part(s)      paragraph  (b) of
                                                                                              this  section.)
----------------------------------------------------------------------------------------------------------------
Argentina....................  Artichoke, globe..  Cynara scolymus...  Immature flower
                                                                        head.
                               Basil.............  Ocimum spp........  Above ground
                                                                        parts.
                               Currant...........  Ribes spp.........  Fruit.
                               Endive............  Cichorium endivia.  Leaf and stem.
                               Gooseberry........  Ribes spp.........  Fruit.
                               Marjoram..........  Origanum spp......  Above ground
                                                                        parts.
                               Oregano...........  Origanum spp......  Above ground
                                                                        parts.
Australia....................  Currant...........  Ribes spp.........  Fruit
                               Gooseberry........  Ribes spp.........  Fruit.............
Austria......................  Asparagus, white..  Asparagus           Shoot (no green
                                                    officinalis.        may be visible on
                                                                        the shoot).
Barbados.....................  Banana............  Musa spp..........  Flower.
Belgium......................  Leek..............  Allium spp........  Whole plant.......  (b)(5)(i)
                               Pepper............  Capsicum spp......  Fruit.............
Belize.......................  Banana............  Musa spp..........  Flower in bracts
                                                                        with stems.
                               Bay leaf..........  Laurus nobilis....  Leaf and stem
                               Mint..............  Mentha spp........  Above ground
                                                                        parts..
                               Papaya............  Carica papaya.....  Fruit.............  (b)(1)(i),
                                                                                            (b)(2)(iii)
                               Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                    lappaceum.                             (b)(5)(iii)
                               Sage..............  Salivia             Leaf and stem.
                                                    officinalis.
                               Tarragon..........  Artemisia           Above ground
                                                    dracunculus.        parts.
Bermuda......................  Avocado...........  Persea americana..  Fruit.
                               Carambola.........  Averrhoa carambola  Fruit.............
                               Grapefruit........  Citrus paradisi...  Fruit.............
                               Guava.............  Psidium guajava...  Fruit.............
                               Lemon.............  Citrus limon......  Fruit.............
                               Longan............  Dimocarpus longan.  Fruit.............
                               Loquat............  Eriobotrya          Fruit.
                               Mandarin orange...   japonica.          Fruit.............
                               Natal plum........  Citrus reticulata.  Fruit.............
                               Orange, sour......  Carissa macrocarpa  Fruit.............
                               Orange, sweet.....  Citrus aurantium..  Fruit.............
                               Papaya............  Citrus sinensis...  Fruit.............
                                                   Carica papaya.....
                               Passion fruit.....  Passiflora spp....  Fruit.
                               Peach.............  Prunus persica....  Fruit.............
                               Pineapple guava...  Feijoa spp........  Fruit.............
                               Suriname cherry...  Eugenia uniflora..  Fruit.............
Bolivia......................  Belgian endive....  Cichorium intybus.  Leaf.
Chile........................  African horned      Cucumis             Fruit.............  (b)(2)(i)
                                cucumber.           metuliferus.
                               Babaco............  Carica x heilborni  Fruit.............  (b)(1)(i)
                                                    var. pentagona.
                               Basil.............  Ocimum spp........  Above ground
                                                                        parts.
                               Lucuma............  Manilkara sapota    Fruit.............  (b)(1)(i)
                                                    (=Lucuma mammosa).
                               Mountain papaya...  Carica pubescens    Fruit.............  (b)(1)(ii)
                                                    (=C.
                                                    candamarcensis).
                               Oregano...........  Origanum spp......  Leaf and stem.
                               Pepper............  Capsicum annuum...  Fruit.............  (b)(1)(i)
                               Sandpear..........  Pyrus pyrifolia...  Fruit.............  (b)(1)(ii)
                               Tarragon..........  Artemisia           Above ground
                                                    dracunculus.        parts.
China........................  Bamboo............  Bambuseae spp.....  Edible shoot, free
                                                                        of leaves and
                                                                        roots.
Colombia.....................  Rhubarb...........  Rheum rhabarbarum.  Stalk.
                               Snow pea..........  Pisum sativum       Flat, immature
                                                    subsp. sativum.     pod.
                               Tarragon..........  Artemisia           Above ground
                                                    dracunculus.        parts.
Cook Islands.................  Banana............  Musa spp..........  Green fruit.......  (b)(4)(i)
                               Cucumber..........  Cucumis sativus...  Fruit.
                               Drumstick.........  Moringa...........  Leaf..............
                                                   pterygosperma.....
                               Ginger............  Zingiber            Root..............  (b)(2)(ii)
                               Indian mulberry...   officinale.        Leaf..............
                               Lemongrass........  Morinda citrifolia  Leaf..............
                               Tossa jute........  Cymbopogon spp....  Leaf..............
                                                   Corchorus
                                                    olitorius.
Costa Rica...................  Basil.............  Ocimum spp........  Whole plant.
                               Chinese kale......  Brassica            Leaf and stem.....
                               Chinese turnip....   alboglabra.        Root..............
                                                   Raphanus sativus..

[[Page 70457]]

 
                               Cole and mustard    Brassica spp......  Whole plant of
                                crops, including                        edible varieties
                                cabbage,                                only.
                                broccoli,
                                cauliflower,
                                turnips,
                                mustards, and
                                related varieties.
                               Jicama............  Pachyrhizus         Root.
                                                    tuberosus or P.
                                                    erosus.
                               Rambutan..........  Nephelium.........  Fruit.............  (b)(2)(i),
                                                   lappaceum.........                       (b)(5)(iii)
Dominican Republic...........  Bamboo............  Bambuseae spp.....  Edible shoot, free
                                                                        of leaves and
                                                                        roots.
                               Durian............  Durio zibethinus..  Fruit.
Ecuador......................  Banana............  Musa spp..........  Flower.
                               Basil.............  Ocimum spp........  Above ground
                                                                        parts..
                               Chervil...........  Anthriscus spp....  Leaf and stem.
                               Cole and mustard    Brassica spp......  Whole plant of
                                crops, including                        edible varieties
                                cabbage,                                only..
                                broccoli,
                                cauliflower,
                                turnips,
                                mustards, and
                                related varieties.
                               Radicchio.........  Cichorium spp.....  Above ground
                                                                        parts.
El Salvador..................  Basil.............  Ocimum spp........  Above ground
                                                                        parts..
                               Cilantro..........  Coriandrum sativum  Above ground
                                                                        parts..
                               Cole and mustard    Brassica spp......  Whole plant of
                                crops, including                        edible varieties
                                cabbage,                                only.
                                broccoli,
                                cauliflower,
                                turnips,
                                mustards, and
                                related varieties.
                               Dill..............  Anethum graveolens  Above ground
                                                                        parts.
                               Eggplant..........  Solanum melongena.  Fruit.............  (b)(3)
                               Fennel............  Foeniculum vulgare  Leaf and stem.....  (b)(2)(i)
                               German chamomile..  Matricaria          Flower and leaf...  (b)(2)(i)
                                                    recutita and
                                                    Matricaria
                                                    chamomilla.
                               Loroco............  Fernaldia spp.....  Flower, leaf, and
                                                                        stem.
                               Oregano or sweet    Origanum spp......  Leaf and stem.....  (b)(2)(i)
                                marjoram.
                               Parsley...........  Petroselinum        Leaf and stem.....  (b)(2)(i)
                                                    crispum.
                               Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                    lappaceum.                              (b)(5)(iii)
                               Rosemary..........  Rosmarinus          Leaf and stem.....  (b)(2)(i)
                                                    officinalis.
                               Waterlily or lotus  Nelumbo nucifera..  Roots without soil  (b)(2)(i)
                               Yam-bean or Jicama  Pachyrhizus spp...  Roots without soil  (b)(2)(i)
                                root.
France.......................  Tomato............  Lycopersicon        Fruit.............  (b)(4)(ii)
                                                    esculentum.
Great Britain................  Basil.............  Ocimum spp........  Leaf and stem.
Grenada......................  Abiu..............  Pouteria caimito..  Fruit.............  (b)(3)
                               Atemoya...........  Annona squamosa x   Fruit.............
                                                    A. cherimola.
                               Bilimbi...........  Averrhoa bilimbi..  Fruit.
                               Breadnut..........  Brosimum            Fruit.............
                                                    alicastrum.
                               Cherimoya.........  Annona cherimola..  Fruit.............  (b)(3)
                               Cocoplum..........  Chrysobalanus       Fruit.
                               Cucurbits.........   icaco.             Fruit.............
                                                   Cucurbitaceae.....
                               Custard apple.....  Annona reticulata.  Fruit.............  (b)(3)
                               Durian............  Durio zibethinus..  Fruit.
                               Jackfruit.........  Artocarpus          Fruit.............
                                                    heterophyllus.
                               Jambolan..........  Syzygium cumini...  Fruit.
                               Jujube............  Ziziphus spp......  Fruit.............
                               Langsat...........  Lansium domesticum  Fruit.              .....................
                               Litchi............  Litchi chinensis..  Fruit.              .....................
                               Malay apple.......  Syzygium            Fruit.              .....................
                                                    malaccense.
                               Mammee apple......  Mammea americana..  Fruit.              .....................
                               Peach palm........  Bactris gasipaes..  Fruit.              .....................
                               Piper.............  Piper spp.........  Fruit.              .....................
                               Pulasan...........  Nephelium           Fruit.              .....................
                                                    ramboutan-ake.
                               Rambutan..........  Nephelium           Fruit.              .....................
                                                    lappaceum.
                               Rose apple........  Syzygium jambos...  Fruit.              .....................
                               Santol............  Sandoricum          Fruit.              .....................
                                                    koetjape.
                               Sapote............  Pouteria sapota...  Fruit.              .....................
                               Soursop...........  Annona muricata...  Fruit.............  (b)(3)
                               Sugar apple.......  Annona squamosa...  Fruit.............  (b)(3)
Guatemala....................  Artichoke, globe..  Cynara scolymus...  Immature flower     .....................
                                                                        head.
                               Basil.............  Ocimum spp........  Above ground        .....................
                                                                        parts.
                               Dill..............  Anethum             Above ground        .....................
                                                    graveonlens.        parts.
                               Eggplant..........  Solanum melongena.  Fruit.              .....................

[[Page 70458]]

 
                               Fennel............  Foeniculum vulgare  Leaf and stem.....  (b)(2)(i)
                               German............  Matricaria          Flower and leaf...  (b)(2)(i)
                                                    chamomile
                                                    chamomilla and
                                                    Matricaria
                                                    recutita.
                               Jicama............  Pachyrhizus         Root.               .....................
                                                    tuberosus or P.
                                                    erosus.
                               Loroco............  Fernaldia spp.....  Flower and leaf.    .....................
                               Mint..............  Mentha spp........  Above ground        .....................
                                                                        parts.
                               Oregano...........  Origanum spp......  Leaf and stem.      .....................
                               Papaya............  Carica papaya.....  Fruit.............  (b)(1)(i),
                                                                                            (b)(2)(iii)
                               Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                    lappaceum.                              (b)(5)(iii)
                               Rhubarb...........  Rheum rhabarbarum.  Above ground        .....................
                                                                        parts.
                               Rosemary..........  Rosmarinus          Leaf and stem.....  (b)(2)(i)
                                                    officinalis.
                               Tarragon..........  Artemisia           Above ground        .....................
                                                    dracunculus.        parts.
                               Waterlily or lotus  Nelumbo nucifera..  Roots without soil  (b)(2)(i)
Haiti........................  Jackfruit.........  Artocarpus          Fruit.              .....................
                                                    heterophyllus.
Honduras.....................  Banana............  Musa spp..........  Flower.             .....................
                               Basil.............  Ocimum basilicum..  Leaf and stem.....  (b)(2)(i), (b)(5)(iv)
                               Chicory...........  Cichorium spp.....  Leaf and stem.      .....................
                               Cilantro..........  Coriandrum sativum  Above ground        .....................
                                                                        parts.
                               Cole and mustard    Brassica spp......  Whole plant of      .....................
                                crops, including                        edible varieties
                                cabbage,                                only.
                                broccoli,
                                cauliflower,
                                turnips,
                                mustards, and
                                related varieties.
                               German chamomile..  Matricaria          Flower and leaf...  (b)(2)(i)
                                                    recutita and
                                                    Matricaria
                                                    chamomilla.
                               Loroco............  Fernaldia spp.....  Flower and leaf     .....................
                               Oregano or sweet    Origanum spp......  Leaf and stem.....  (b)(2)(i)
                                marjoram.
                               Radish............  Raphanus sativus..  Root.               .....................
                               Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                    lappaceum.                              (b)(5)(iii)
                               Waterlily or lotus  Nelumbo nucifera..  Roots without soil  (b)(2)(i)
                               Yam-bean or Jicama  Pachyrhizus spp...  Roots without soil  (b)(2)(i)
                                root.
Indonesia....................  Dasheen...........  Colocasia spp.,     Tuber.............  (b)(2)(iv)
                                                    Alocasia spp.,
                                                    and Xanthosoma
                                                    spp..
                               Onion.............  Allium cepa.......  Bulb.               .....................
                               Shallot...........  Allium ascalonicum  Bulb.               .....................
Israel.......................  Arugula...........  Eruca sativa......  Leaf and stem.      .....................
                               Chives............  Allium              Leaf.               .....................
                                                    schoenoprasum.
                               Dill..............  Anethum graveolens  Above ground        .....................
                                                                        parts.
                               Mint..............  Mentha spp........  Above ground        .....................
                                                                        parts.
                               Parsley...........  Petroselinum        Above ground        .....................
                                                    crispum.            parts.
                               Watercress........  Nasturtium          Leaf and stem.      .....................
                                                    officinale.
Jamaica......................  Fenugreek.........  Tirgonella foenum-  Leaf, stem, root.   .....................
                                                    graceum.
                               Jackfruit.........  Artocarpus          Fruit.
                                                    heterophyllus.
                               Ivy gourd.........  Coccinia grandis..  Fruit.
                               Pak choi..........  Brassica chinensis  Leaf and stem.
                               Pointed gourd.....  Trichosanthes       Fruit.
                                                    dioica.
Japan........................  Bamboo............  Bambuseae spp.....  Edible shoot, free
                                                                        of leaves and
                                                                        roots.
                               Mioga ginger......  Zingiber mioga....  Above ground
                                                                        parts.
 
                               Mung bean.........  Vigna radiata.....  Seed sprout.
                               Soybean...........  Glycine max.......  Seed sprout.
Liberia......................  Jute..............  Corchorus           Leaf.
                               Potato............   capsularis.        Leaf..............
                                                   Solanum tuberosum.

[[Page 70459]]

 
Mexico.......................  Allium............  Allium spp........  Whole plant.        .....................
                               Anise.............  Pimpinella anisum.  Leaf and stem.....  .....................
                               Apple.............  Malus domestica...  Fruit.............  (b)(1)(iii)
                               Apricot...........  Prunus armeniaca..  Fruit.............  (b)(1)(iii)
                               Arugula...........  Eruca sativa......  Leaf and stem.....
                               Asparagus.........  Asparagus           Whole plant.......
                               Banana............   officinalis.       Flower and fruit..
                               Bay leaf..........  Musa spp..........  Leaf and stem.....
                               Beet..............  Laurus nobilis....  Whole plant.......
                               Blueberry.........  Beta vulgaris.....  Fruit.............
                               Carrot............  Vaccinium spp.....  Whole plant.......
                               Coconut...........  Daucus carota.....  Fruit without
                                                   Cocos nucifera....   husk..
                                                                       Fruit with milk     (b)(5)(v)
                                                                        and husk..
                               Cucurbits.........  Cucurbitaceae.....  Inflorescence,
                                                                        flower, and
                                                                        fruit.
                               Eggplant..........  Solanum melongena.  Whole plant.
                               Fig...............  Ficus carica......  Fruit.............  (b)(1)(iii),
                                                                                            (b)(2)(i)
                               Grape.............  Vitis spp.........  Fruit, cluster,
                                                                        and leaf
                               Grapefruit........  Citrus paradisi...  Fruit.............  (b)(1)(iii)
                               Jicama............  Pachyrhizus         Whole plant.
                                                    tuberosus.
                               Lambsquarters.....  Chenopodium spp...  Above ground
                                                                        parts.
                               Lemon.............  Citrus limon......  Fruit.
                               Lime, sour........  Citrus              Fruit.
                                                    aurantiifolia.
                               Mango.............  Mangifera indica..  Fruit.............  (b)(1)(iii)
                               Orange............  Citrus sinensis...  Fruit.............  (b)(1)(iii)
                               Parsley...........  Petroselinum        Whole plant.
                                                    crispum.
                               Peach.............  Prunus persica....  Fruit.............  (b)(1)(iii)
                               Persimmon.........  Diospyros spp.....  Fruit.............  (b)(1)(iii)
                               Pineapple.........  Ananas comosus....  Fruit.
                               Pitaya............  Hylocereus spp....  Fruit.............  (b)(1)(iv), (b)(2)(i)
                               Piper.............  Piper spp.........  Leaf and stem.
                               Pomegranate.......  Punica granatum...  Fruit.............  (b)(1)(iii)
                               Porophyllum.......  Porophyllum spp...  Above ground
                                                                        parts.
                               Prickly-pear pad..  Opuntia spp.......  Pad.
                               Radish............  Raphanus sativus..  Whole plant.
                               Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                    lappaceum.                              (b)(5)(iii)
                               Rosemary..........  Rosmarinus          Above ground
                                                    officinalis.        parts.
                               Salicornia........  Salicornia spp....  Above ground
                                                                        parts.
                               Tangerine.........  Citrus reticulata.  Fruit.............  (b)(1)(iii)
                               Tepeguaje.........  Leucaena spp......  Fruit.
                               Thyme.............  Thymus vulgaris...  Above ground
                                                                        parts.
                               Tomato............  Lycopersicon        Whole plant.
                                                    lycopersicum.
                               Tuna..............  Opuntia spp.......  Fruit.
Morocco......................  Strawberry........  Fragaria spp......  Fruit.
Morocco and Western Sahara...  Tomato............  Lycopersicon        Fruit.............  (b)(4)(ii)
                                                    esculentum.
Netherlands..................  Leek..............  Allium spp........  Whole plant.......  (b)(5)(i)
                               Radish............  Raphanus sativus..  Root..............
New Zealand..................  Avocado...........  Persea americana..  Fruit.
                               Fig...............  Ficus carica......  Fruit.............
                               Oca...............  Oxalis tuberosa...  Tuber.............
Nicaragua....................  Cilantro..........  Coriandrum sativum  Above ground
                                                                        parts.
                               Cole and mustard    Brassica spp......  Whole plant of
                                crops, including                        edible varieties
                                cabbage,                                only.
                                broccoli,
                                cauliflower,
                                turnips,
                                mustards, and
                                related
                                varieties..
                               Eggplant..........  Solanum melongena.  Fruit.............  (b)(3)
                               Fennel............  Foeniculum vulgare  Leaf and stem.....  (b)(2)(i)
                               German chamomile..  Matricaria          Flower and leaf...  (b)(2)(i)
                                                    recutita and M.
                                                    chamomilla.
                               Loroco............  Fernaldia spp.....  Leaf and stem.      .....................
                               Mint..............  Mentha spp........  Above ground        .....................
                                                                        parts.
                               Parsley...........  Petoselinum         Above ground        .....................
                                                    crispum.            parts.
                               Radicchio.........  Cichorium spp.....  Above ground        .....................
                                                                        parts.
                               Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                    lappaceum.                              (b)(5)(iii)
                               Rosemary..........  Rosmarinus          Above ground parts  .....................
                                                    officinalla.
                               Waterlily or lotus  Nelumbo nucifera..  Roots without soil  (b)(2)(i)

[[Page 70460]]

 
                               Yam-bean or Jicama  Pachyrhizus spp...  Roots without soil  (b)(2)(i)
                                root.
Panama.......................  Basil.............  Ocimum spp........  Above ground        .....................
                                                                        parts.
                               Bean, green and     Phaseolus vulgaris  Seed.               .....................
                                lima.               and P. lunatus.
                               Belgian endive....  Cichorium spp.....  Above ground        .....................
                                                                        parts.
                               Chervil...........  Anthriscus          Above ground        .....................
                                                    cerefolium.         parts.
                               Chicory...........  Cichorium spp.....  Above ground        .....................
                                                                        parts.
                               Eggplant..........  Solanum melongena.  Fruit.              .....................
                               Endive............  Cichorium spp.....  Above ground        .....................
                                                                        parts.
                               Fenugreek.........  Tirgonella foenum-  Leaf and stem.      .....................
                                                    graceum.
                               Lemon thyme.......  Thymus citriodorus  Leaf and stem.      .....................
                               Mint..............  Mentha spp........  Above ground        .....................
                                                                        parts.
                               Oregano...........  Origanum spp......  Above ground        .....................
                                                                        parts.
                               Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                    lappaceum.                              (b)(5)(iii)
                               Rosemary..........  Rosmarinus          Above ground        .....................
                                                    officinalis.        parts.
                               Tarragon..........  Artemisia           Above ground        .....................
                                                    dracunculus.        parts.
Peru.........................  Argula............  Eruca sativa......  Leaf and stem.      .....................
                               Basil.............  Ocimum spp........  Leaf and stem.      .....................
                               Carrot............  Daucus carota.....  Root.               .....................
                               Chervil...........  Anthriscus spp....  Leaf and stem.      .....................
                               Cole and mustard    Brassica spp......  Whole plant of      .....................
                                crops, including                        edible varieties
                                cabbage,                                only.
                                broccoli,
                                cauliflower,
                                turnips,
                                mustards, and
                                related
                                varieties..
                               Cornsalad.........  Valerianella spp..  Whole plant.        .....................
                               Dill..............  Anethum graveolens  Above ground        .....................
                                                                        parts.
                               Lambsquarters.....  Chenopodium album.  Above ground        .....................
                                                                        parts.
                               Lemongrass........  Cymbopogon spp....  Leaf and stem.      .....................
                               Marijoram.........  Origanum spp......  Above ground        .....................
                                                                        parts.
                               Mustard greens....  Brassica juncea...  Leaf.               .....................
                               Oregano...........  Origanum spp......  Leaf and stem.      .....................
                               Parsley...........  Petroselinum        Leaf and stem.      .....................
                                                    crispum.
                               Radicchio.........  Cichorium spp.....  Leaf.               .....................
                               Swiss chard.......  Beta vulgaris.....  Leaf and stem.      .....................
                               Thyme.............  Thymus vulgaris...  Above ground        .....................
                                                                        parts.
Philippines..................  Jicama............  Pachyrhizus         Root.               .....................
                                                    tuberosus or P.
                                                    erosus.
Poland.......................  Pepper............  Capsicum spp......  Fruit.              .....................
                               Tomato............  Lycopersicon        Fruit.              .....................
                                                    esculentum.
Republic of Korea............  Angelica..........  Aralia elata......  Edible shoot.       .....................
                               Aster greens......  Aster scaber......  Leaf and stem.      .....................
                               Bonnet bellflower.  Codonopsis          Root.               .....................
                                                    lanceolata.
                               Chard.............  Beta vulgaris       Leaf.               .....................
                                                    subsp. cicla.
                               Chinese bellflower  Platycodon          Root.               .....................
                                                    grandiflorum.
                               Dasheen...........  Colocasia spp.,     Root..............  (b)(2)(iv)
                                                    Alocasia spp.,
                                                    and Xanthosoma
                                                    spp.
                               Eggplant..........  Solanum melongena.  Fruit.              .....................
                               Kiwi..............  Actinidia           Fruit.              .....................
                                                    deliciosa.
                               Lettuce...........  Lactuca sativa....  Leaf.               .....................
                               Mugwort...........  Artemisia vulgaris  Leaf and stem.      .....................
                               Onion.............  Allium cepa.......  Bulb
                               Shepherd's pursue.  Capsell bursa.....  Leaf and stem.....
                               Strawberry........  Fragaria spp......  Leaf and stem.
                               Watercress........  Nasturtium          Leaf and stem.....
                               Youngia greens....   official.          Leaf, stem, and
                                                   Youngia              root..
                                                    sonchifolia.
Sierra Leone.................  Cassava...........  Manihot esculenta.  Leaf.
                               Jute..............  Corchorus           Leaf..............
                               Potato............   capsularis.        Leaf..............
                                                   Solanum tuberosum.
St. Vincent and the            Turmeric..........  Curcuma longa.....  Rhizome.
 Grenadines.
South Africa.................  Artichoke, globe..  Cynara scolymus...  Immature flower
                                                                        head.
                               Pineapple.........  Ananas spp........  Fruit.
Spain........................  Eggplant..........  Solanum melongena.  Fruit.............  (b)(3)
                               Tomato............  Lycopersicon        Fruit.............  (b)(4)(ii)
                                                    escyulentum.
                               Watermelon........  Citrullus lanatus.  Fruit.............  (b)(3)

[[Page 70461]]

 
Suriname.....................  Amaranth..........  Amaranthus spp....  Leaf and stem.
                               Black palm nut....  Astrocaryum spp...  Fruit.............
                               Jessamine.........  Cestrum latifolium  Leaf and stem.....
                               Malabar spinach...  Bassella alba.....  Leaf and stem.....
                               Mung bean.........  Vigna radiata.....  Seed sprout.......
                               Pak choi..........  Brassica chinensis  Leaf and stem.....
Sweden.......................  Dill..............  Astrocaryum         Above ground
                                                    graveolens.         parts.
Taiwan.......................  Bamboo............  Bambuseae spp.....  Edible shoot, free
                                                                        of leaves and
                                                                        roots.
                               Burdock...........  Arctium lappa.....  Root.
                               Wasabi (Japanese    Wasabia japonica..  Root and stem.....
                                horseradich).
Thailand.....................  Dasheen...........  Alocasia spp.,      Leaf and stem.
                                                    Colocaisa spp.,
                                                    and Xanthosoma
                                                    spp..
                               Tumeric...........  Curcuma domestica.  Leaf and stem.
Tonga........................  Burdock...........  Arctium lappa.....  Root, stem, and
                                                                        leaf.
                               Jicama............  Pachyrhizus         Root.
                                                    tuberosus.
                               Pumpkin...........  Cucurbita maxima..  Fruit.
Trinidad and Tobago..........  Lemongrass........  Cymbopogon          Leaf and stem.
                                                    citratus.
                               Leren.............  Calathea allouia..  Tuber.
                               Shield leaf.......  Cecropia peltata..  Leaf and stem.
Zambia.......................  Snow pea..........  Pisum sativum spp.  Flat, immature
                                                    sativum.            pod.
----------------------------------------------------------------------------------------------------------------

    (b) Additional restrictions for applicable fruits and vegetables as 
specified in paragraph (a) of this section.
    (1) Free areas.
    (i) The commodity must be from a Medfly-free area listed in Sec.  
319.56-2(j) and must be accompanied by a phytosanitary certificate 
issued by the national plant protection organization (NPPO) of the 
country of origin with an additional declaration stating that the 
commodity originated in a Medfly-free area.
    (ii) The commodity must be from a Medfly-free area listed in Sec.  
319.56-2(j) and must be accompanied by a phytosanitary certificate 
issued by the NPPO of the country of origin with an additional 
declaration stating that the commodity originated in a free area. Fruit 
from outside Medfly-free areas must be treated in accordance with Sec.  
319.56-2x of this subpart.
    (iii) The commodity must be from a fruit-fly free area listed in 
Sec.  319.56-2(h) and must be accompanied by a phytosanitary 
certificate issued by the NPPO of the country of origin with an 
additional declaration stating that the commodity originated in a free 
area.
    (iv) The commodity must be from a fruit-fly free area listed in 
Sec.  319.56-2(h) and must be accompanied by a phytosanitary 
certificate issued by the NPPO of the country of origin with an 
additional declaration stating: ``These regulated articles originated 
in an area free from pests as designated in 7 CFR 319.56-2(h) and, upon 
inspection, were found free of Dymicoccus neobrevipes and Planococcus 
minor.''
    (2) Restricted importation and distribution.
    (i) Prohibited entry into Puerto Rico, Virgin Islands, Hawaii, and 
Guam. Cartons in which commodity is packed must be stamped ``Not for 
importation into or distribution within PR, VI, HI, or Guam.''
    (ii) Prohibited entry into Puerto Rico, Virgin Islands, and Guam. 
Cartons in which commodity is packed must be stamped ``Not for 
importation into or distribution within PR, VI, or Guam.''
    (iii) Prohibited entry into Hawaii. Cartons in which commodity is 
packed must be stamped ``Not for importation into or distribution 
within HI.''
    (iv) Prohibited entry into Guam. Cartons in which commodity is 
packed must be stamped ``Not for importation into or distribution 
within Guam.''
    (3) Commercial shipments only.
    (4) Stage of fruit.
    (i) The bananas must be green at the time of export. Inspectors at 
the port of arrival will determine that the bananas were green at the 
time of export if: (1) Bananas shipped by air are still green upon 
arrival in the United States; and (2) bananas shipped by sea are either 
still green upon arrival in the United States or yellow but firm.
    (ii) The tomatoes must be green upon arrival in the United States. 
Pink or red fruit may only be imported in accordance with Sec.  319.56-
2dd of this subpart.
    (5) Other conditions.
    (i) Must be accompanied by a phytosanitary certificate issued by 
the NPPO of the country of origin with an additional declaration 
stating that the commodity is apparently free of Acrolepiopsis 
assectella.
    (ii) Entry permitted only from September 15 to May 31, inclusive, 
to prevent the introduction of a complex of exotic pests including, but 
not limited to a thrips (Haplothrips chinensis) and a leafroller (Capua 
tortrix).
    (iii) Must be accompanied by a phytosanitary certificate issued by 
the NPPO of the country of origin with an additional declaration 
stating that the fruit is free from Coccus moestus, C. viridis, 
Dysmicoccus neobrevipes, Planococcus lilacinus, P. minor, and 
Psedococcus landoi; and all damaged fruit was removed from the shipment 
prior to export under the supervision of the NPPO.
    (iv) Must be accompanied by a phytosanitary certificate issued by 
the NPPO of the country of origin with an additional declaration 
stating that the fruit is free from Planococcus minor.
    (v) Must be accompanied by a phytosanitary certificate issued by 
the national plant protection organization of the country of origin 
with an additional declaration stating that the fruit is of the Malayan 
dwarf variety or Maypan variety (=F1 hybrid, Malayan 
DwarfxPanama Tall) (which are resistant to lethal yellowing disease) 
based on verification of the parent stock. (Approved by the Office of 
Management and Budget under control number 0579-0049)
    4. Sections 319.56-2y and 319.56-2aa would be revised and a new 
Sec.  319.56-2ll would be added to read as follows:

[[Page 70462]]

Sec.  319.56-2y  Conditions governing the entry of melon and watermelon 
from certain countries in South America.

    (a) Cantaloupe and watermelon from Ecuador. Cantaloupe (Cucumis 
melo) and watermelon (fruit) (Citrullus lanatus) may be imported into 
the United States from Ecuador only in accordance with this paragraph 
and all other applicable requirements of this subpart:
    (1) The cantaloupe or watermelon may be imported in commercial 
shipments only.
    (2) The cantaloupe or watermelon must have been grown in an area 
where trapping for the South American cucurbit fly (Anastrepha grandis) 
has been conducted for at least the previous 12 months by the national 
plant protection organization (NPPO) of Ecuador, under the direction of 
APHIS, with no findings of the pest.\7\
---------------------------------------------------------------------------

    \7\ Information on the trapping program may be obtained by 
writing to the Animal and Plant Health Inspection Service, 
International Services, Stop 3432, 1400 Independence Avenue SW., 
Washington, DC 20250-3432.
---------------------------------------------------------------------------

    (3) The following area meets the requirements of paragraph (a)(2) 
of this section: The area within 5 kilometers of either side of the 
following roads:
    (i) Beginning in Guayaquil, the road north through Nobol, 
Palestina, and Balzar to Velasco-Ibarra (Empalme);
    (ii) Beginning in Guayaquil, the road south through E1 26, Puerto 
Inca, Naranjal, and Camilo Ponce to Enriquez;
    (iii) Beginning in Guayaquil, the road east through Palestina to 
Vinces;
    (iv) Beginning in Guayaquil, the road west through Piedrahita 
(Novol) to Pedro Carbo; or
    (v) Beginning in Guayaquil, the road west through Progreso, 
Engunga, Tugaduaja, and Zapotal to El Azucar.
    (4) The cantaloupe or watermelon may not be moved into Alabama, 
American Samoa, Arizona, California, Florida, Georgia, Guam, Hawaii, 
Louisiana, Mississippi, New Mexico, Puerto Rico, South Carolina, Texas, 
and the U.S. Virgin Islands. The boxes in which the cantaloupe or 
watermelon is packed must be stamped with the name of the commodity 
followed by the words ``Not to be distributed in the following States 
or territories: AL, AS, AZ, CA, FL, GA, GU, HI, LA, MS, NM, PR, SC, TX, 
VI''.
    (b) Cantaloupe, honeydew melons, and watermelon from Brazil. 
Cantaloupe, honeydew melons, and watermelon may be imported into the 
United States from Brazil only in accordance with this paragraph and 
all other applicable requirements of this subpart:
    (1) The cantaloupe, honeydew melons, or watermelon must have been 
grown in the area of Brazil considered by APHIS to be free of the South 
American cucurbit fly in accordance with Sec.  319.56-2(e)(4) of this 
subpart.
    (i) The following area in Brazil is considered free of the South 
American cucurbit fly: That portion of Brazil bounded on the north by 
the Atlantic Ocean; on the east by the River Assu (Acu) from the 
Atlantic Ocean to the city of Assu; on the south by Highway BR 304 from 
the city of Assu (Acu) to Mossoro, and by Farm Road RN-015 from Mossoro 
to the Ceara State line; and on the west by the Ceara State line to the 
Atlantic Ocean.
    (ii) All shipments of cantaloupe, honeydew melons, and watermelon 
must be accompanied by a phytosanitary certificate issued by the NPPO 
of Brazil that includes a declaration indicating that the fruit was 
grown in an area recognized to be free of the South American cucurbit 
fly.
    (2) The cantaloupe, honeydew melons, and watermelon must be packed 
in an enclosed container or vehicle, or must be covered by a pest-proof 
screen or plastic tarpaulin while in transit to the United States.
    (3) All shipments of cantaloupe, honeydew melons, and watermelon 
must be labeled in accordance with Sec.  319.56-2(g) of this subpart.
    (c) Cantaloupe, honeydew melons, and watermelon from Venezuela. 
Cantaloupe, honeydew melons, and watermelon may be imported into the 
United States from Venezuela only in accordance with this paragraph and 
all other applicable requirements of this subpart:
    (1) The cantaloupe, honeydew melons, or watermelon must have been 
grown in the area of Venezuela considered by APHIS to be free of the 
South American cucurbit fly in accordance with Sec.  319.56-2(e)(4) of 
this subpart.
    (i) The following area in Venezuela is considered free of the South 
American cucurbit fly: The Paraguana Peninsula, located in the State of 
Falcon, bounded on the north and east by the Caribbean Ocean, on the 
south by the Gulf of Coro and an imaginary line dividing the autonomous 
districts of Falcon and Miranda, and on the west by the Gulf of 
Venezuela.
    (ii) All shipments of cantaloupe, honeydew melons, and watermelon 
must be accompanied by a phytosanitary certificate issued by the NPPO 
of Venezuela that includes a declaration indicating that the fruit was 
grown in an area recognized to be free of the South American cucurbit 
fly.
    (2) The cantaloupe, honeydew melons, and watermelon must be packed 
in an enclosed container or vehicle, or must be covered by a pest-proof 
screen or plastic tarpaulin while in transit to the United States.
    (3) All shipments of cantaloupe, honeydew melons, and watermelon 
must be labeled in accordance with Sec.  319.56-2(g) of this subpart.
    (d) Cantaloupe, netted melon, vegetable melon, winter melon, and 
watermelon from Peru. Cantaloupe, netted melon, vegetable melon, and 
winter melon (Cucumis melo L. subsp. melo); and watermelon may be 
imported into the United States from Peru only in accordance with this 
paragraph and all other applicable requirements of this subpart:
    (1) The fruit may be imported in commercial shipments only.
    (2) The fruit must have been grown in the area of Peru considered 
by APHIS to be free of the South American cucurbit fly in accordance 
with Sec.  319.56-2(e)(4) of this subpart.
    (i) The Departments of Lima, Ica, Arequipa, Moquegua, and Tacna in 
Peru are considered free of the South American cucurbit fly.
    (ii) All shipments must be accompanied by a phytosanitary 
certificate issued by the NPPO of Peru that includes a declaration 
indicating that the fruit was grown in an area recognized to be free of 
the South American cucurbit fly, and upon inspection, were found free 
of the gray pineapple mealybug (Dymicoccus neobrevipes).
    (3) The fruit must be packed in an enclosed container or vehicle, 
or must be covered by a pest-proof screen or plastic tarpaulin while in 
transit to the United States.
    (4) All shipments of fruit must be labeled in accordance with Sec.  
319.56-2(g) of this subpart, and the boxes in which the fruit is packed 
must be labeled ``Not for distribution in HI, PR, VI, or Guam.''
* * * * *


Sec.  319.56-2aa  Conditions governing the entry of watermelon, squash, 
cucumber, and oriental melon from the Republic of Korea.

    Watermelon (Citrullus lanatus), squash (Curcurbita maxima), 
cucumber (Cucumis sativus), and oriental melon (Cucumis melo) may be 
imported into the United States from the Republic of Korea only in 
accordance with this paragraph and all other applicable requirements of 
this subpart:
    (a) The fruit must be grown in pest-proof greenhouses registered 
with the

[[Page 70463]]

Republic of Korea's national plant protection organization (NPPO).
    (b) The NPPO must inspect and regularly monitor greenhouses for 
plant pests. The NPPO must inspect greenhouses and plants, including 
fruit, at intervals of no more than 2 weeks, from the time of fruit set 
until the end of harvest.
    (c) The NPPO must set and maintain fruit fly traps in greenhouses 
from October 1 to April 30. The number of traps must be set as follows: 
Two traps for greenhouses smaller than 0.2 hectare in size; three traps 
for greenhouses 0.2 to 0.5 hectare; four traps for greenhouses over 0.5 
hectare and up to 1.0 hectare; and for greenhouses greater than 1 
hectare, traps must be placed at a rate of four traps per hectare.
    (d) The NPPO must check all traps once every 2 weeks. If a single 
pumpkin fruit fly is captured, that greenhouse will lose its 
registration until trapping shows that the infestation has been 
eradicated.
    (e) The fruit may be shipped only from December 1 through April 30.
    (f) Each shipment must be accompanied by a phytosanitary 
certificate issued by NPPO, with the following additional declaration: 
``The regulated articles in this shipment were grown in registered 
greenhouses as specified by 7 CFR 319.56-2aa.''
    (g) Each shipment must be protected from pest infestation from 
harvest until export. Newly harvested fruit must be covered with 
insect-proof mesh or a plastic tarpaulin while moving to the 
packinghouse and awaiting packing. Fruit must be packed within 24 hours 
of harvesting, in an enclosed container or vehicle or in insect-proof 
cartons or cartons covered with insect-proof mesh or plastic tarpaulin, 
and then placed in containers for shipment. These safeguards must be 
intact when the shipment arrives at the port in the United States.
* * * * *


Sec.  319.56-2ll  Conditions governing the entry of grapes from the 
Republic of Korea.

    Grapes (Vitis spp.) may be imported into the United States from the 
Republic of Korea under the following conditions:
    (a) The fields where the grapes are grown must be inspected during 
the growing season by the Republic of Korea's national plant protection 
organization (NPPO). The NPPO will inspect 250 grapevines per hectare, 
inspecting leaves, stems, and fruit of the vines.
    (b) If evidence of Conogethes punctiferalis, Eupoecilia ambiguella, 
Sparganothis pilleriana, Stathmopoda auriferella, or Monilinia 
fructigena is detected during inspection, the field will immediately be 
rejected, and exports from that field will be canceled until visual 
inspection of the vines shows that the infestation has been eradicated.
    (c) Fruit must be bagged from the time the fruit sets until 
harvest.
    (d) Each shipment must be inspected by the NPPO before export. For 
each shipment, the NPPO must issue a phytosanitary certificate with an 
additional declaration stating that the fruit in the shipment was found 
free from C. punctiferalis, E. ambiguella, S. pilleriana, S. 
auriferella, or M. fructigena, and Nippoptilia vitis.

    Done in Washington, DC, this 11th day of December, 2003.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-31202 Filed 12-17-03; 8:45 am]
BILLING CODE 3410-34-P