[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Rules and Regulations]
[Pages 55739-55741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23383]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2014-0002]
RIN 0579-AD98


Importation of Kiwi From Chile Into the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the fruits and vegetables regulations to list 
kiwi (Actinidia deliciosa and Actinidia chinensis) from Chile as 
eligible for importation into the United States subject to a systems 
approach. Under this systems approach, the fruit will have to be grown 
in a place of production that is registered with the Government of 
Chile and certified as having a low prevalence of Brevipalpus 
chilensis. The fruit will have to undergo pre-harvest sampling at the 
registered production site. Following post-harvest processing, the 
fruit will have to be inspected in Chile at an approved inspection 
site. Each consignment of fruit will have to be accompanied by a 
phytosanitary certificate with an additional declaration stating that 
the fruit had been found free of Brevipalpus chilensis based on field 
and packinghouse inspections. This rule allows for the safe importation 
of kiwi from Chile using mitigation measures other than fumigation with 
methyl bromide.

DATES: Effective October 19, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 
851-2352.

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-73, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture prohibits or restricts the importation of 
fruits and vegetables into the United States from certain parts of the 
world to prevent plant pests from being introduced into and spread 
within the United States.
    On October 16, 2014, we published in the Federal Register (79 FR 
62055-62058, Docket No. APHIS-2014-0002) a proposal \1\ to amend the 
regulations by listing kiwi (Actinidia deliciosa and Actinidia 
chinensis) from Chile as eligible for importation into the United 
States under the same systems approach as baby kiwi from Chile, which 
are eligible for importation under the conditions in Sec.  319.56-53. 
We also prepared a commodity import evaluation document (CIED) titled 
``Importation of Fresh Fruits of Kiwi (Actinidia deliciosa and 
Actinidia chinensis) from Chile into the United

[[Page 55740]]

States.'' The CIED assesses the risks associated with the importation 
of kiwi from Chile into the United States under the listed 
phytosanitary measures.
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    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0002.
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    We solicited comments concerning our proposal for 60 days ending 
December 15, 2014. We received seven comments by that date. They were 
from private citizens, a fruit exporter, an industry group, and 
representatives of State and foreign governments. Four of the comments 
were supportive. Three commenters expressed concerns regarding aspects 
of the proposed rule. Those concerns are discussed below.
    In the proposed rule, we proposed that a random sample of kiwi 
would have to be washed using a flushing method, placed in a 20-mesh 
sieve on top of a 200-mesh sieve, sprinkled with a liquid soap and 
water solution, washed with water at high pressure, and washed with 
water at low pressure. The washing process would then have to be 
repeated immediately after the first washing. The contents of the 200-
mesh sieve would then be placed on a petri dish and analyzed for the 
presence of live Brevipalpus chilensis mites. This mite sampling method 
is identical to the method currently in use for baby kiwi production 
areas in Chile and has been found to be successful in identifying 
production areas within Chile with high and low populations of mites.
    One commenter stated that the washing process should be expanded to 
include all fruit in a shipment.
    The washing process is used as a way to sample for the presence of 
B. chilensis in order to confirm the low prevalence of B. chilensis in 
certified production areas within Chile. It is not intended as a 
phytosanitary measure.
    Two commenters recommended that 270 mesh be used in place of 200 
mesh for sampling at the port of entry because they stated that 200 
mesh may not be fine enough to detect immature stages of B. chilensis.
    Fruit has been imported from Chile since 1997 using a systems 
approach based on sampling for mites using a 200 mesh screen. Any eggs 
or nymphs found using a finer mesh sieve cannot be identified to 
species. This systems approach is based on low prevalence for adult 
mites, not pest freedom. If even one adult B. chilensis mite is found 
in a shipment, it is enough to disqualify a place of production from 
the export program. APHIS has successfully used this approach for 18 
years for determining areas of low prevalence for a number of Chilean 
fruits.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, without 
change.

Executive Order 12866 and Regulatory Flexibility Act

    This final 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 the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. 
Production, consumption, and trade of kiwi by the United States have 
been expanding and are expected to continue to increase, as shown in 
table 1. Over the 5 years from 2008 through 2012, U.S. kiwi production 
and imports expanded by about 29 percent and 24 percent, respectively, 
and U.S. exports by 48 percent. U.S. consumption of kiwi grew by about 
23 percent over this same period.
    The United States is dependent on imports for the major share of 
its kiwi supply. In 2012, nearly four of every five kiwis consumed were 
imported. Chile is the principal foreign source, supplying one-half of 
the kiwis imported by the United States in 2012, up from approximately 
one-third of U.S. kiwi imports in 2008. Chile is expected to continue 
to dominate the supply of kiwi to the United States in the near term. 
Under this rule, Chile's kiwi exporters will have the option of using 
the systems approach rather than relying on fumigation with methyl 
bromide to meet import requirements.
    Although the United States is a net importer of kiwi, the 
percentage increase in U.S. kiwi exports between 2008 and 2012 was 
twice the percentage increase in U.S. kiwi imports; U.S. producers are 
actively expanding their sales to other countries. We also note that 
kiwi imports from Chile are largely counter-seasonal to kiwi sales by 
domestic producers. California produces 98 percent the kiwis grown in 
the United States, and the California season runs October through 
May.\2\ Kiwi from Chile is predominantly imported during the spring and 
summer months. Ninety-four percent of Chilean kiwi imported in 2012 
arrived between April and September.\3\
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    \2\ California Kiwifruit Commission, http://www.kiwifruit.org/about/availability.aspx.
    \3\ Based on U.S. Census data, as reported by Global Trade 
Information Services, Inc.

  Table 1--U.S. Kiwi Production, Imports, Exports, and Consumption, and Kiwi Imports From Chile, 2008 and 2012,
                                                   Metric Tons
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                                                                                                    Percentage
                                                                       2008          2012 \1\      increase over
                                                                                                      5 years
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U.S. Production.................................................          20,865          26,853            28.7
U.S. Imports....................................................          50,322          62,372            23.9
U.S. Exports....................................................           6,883          10,204            48.2
U.S. Consumption \2\............................................          64,304          79,021            22.9
U.S. Imports from Chile.........................................          17,248          31,668            83.6
Chile's Share of Imports........................................           34.3%           50.8%  ..............
Imports from Chile as a Percentage of U.S. Consumption..........           26.8%           40.1%  ..............
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Sources: For U.S. production, the U.N. Food and Agriculture Organization; for U.S. imports and exports, the U.S.
  Census Bureau, as reported by Global Trade Information Services, Inc.
\1\ U.S. kiwi production data for 2012 are the most recently reported.
\2\ U.S. consumption calculated as production plus imports minus exports.

    Although kiwi production in the United States is expanding, it 
remains a relatively small agricultural industry, with fewer than 300 
growers whose farms average about 13 acres. Nevertheless, it is a 
vibrant industry with an expanding export market. This fact, together 
with the counter-seasonality of kiwi imports from Chile, suggests that 
the economic impact of the rule for U.S. small entities will be minor.

[[Page 55741]]

    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final rule allows kiwi to be imported into the United States 
from Chile. State and local laws and regulations regarding kiwi 
imported under this rule will be preempted while the fruit is in 
foreign commerce. Fresh fruits are generally imported for immediate 
distribution and sale to the consuming public, and 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. 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.

Paperwork Reduction Act

    This final rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

Lists of Subjects in 7 CFR Part 319

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

    Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority:  7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.


0
2. Section 319.56-53 is amended as follows:
0
a. By revising the section heading;
0
b. By revising the introductory paragraph;
0
c. By redesignating paragraphs (a), (b), (c), (d), and (e) as 
paragraphs (b), (c), (d), (e), and (f), respectively, and adding a new 
paragraph (a);
0
d. By revising the first and second sentences after the heading of 
newly designated paragraph (b);
0
e. By revising the third sentence after the heading of newly designated 
paragraph (e), introductory text; and
0
f. By revising newly designated paragraph (f).
    The revisions and addition read as follows:


Sec.  319.56-53  Fresh kiwi and baby kiwi from Chile.

    Fresh kiwi (Actinidia deliciosa and Actinidia chinensis) may be 
imported into the United States from Chile, and fresh baby kiwi 
(Actinidia arguta) may be imported into the continental United States 
from Chile under the following conditions:
    (a) The national plant protection organization (NPPO) of Chile must 
provide a workplan to APHIS that details the activities that the NPPO 
of Chile will, subject to APHIS' approval of the workplan, carry out to 
meet the requirements of this section.
    (b) * * * The production site where the fruit is grown must be 
registered with the NPPO of Chile. Harvested kiwi and baby kiwi must be 
placed in field cartons or containers that are marked to show the 
official registration number of the production site. * * *
* * * * *
    (e) * * * Kiwi in any consignment may be shipped to the United 
States, and baby kiwi in any consignment may be shipped to the 
continental United States, under the conditions of this section only if 
the consignment passes inspection as follows:
* * * * *
    (f) Phytosanitary certificate. Each consignment of fresh kiwi and 
fresh baby kiwi must be accompanied by a phytosanitary certificate 
issued by the NPPO of Chile that contains an additional declaration 
stating that the fruit in the consignment was inspected and found free 
of Brevipalpus chilensis and was grown, packed, and shipped in 
accordance with the requirements of 7 CFR 319.56-53.
* * * * *

    Done in Washington, DC, this 11th day of September 2015.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-23383 Filed 9-16-15; 8:45 am]
BILLING CODE 3410-34-P