ing the regulated article with bare roots as allowed by $319.37-8(a). If APHIS determines that use of particular mitigation measures could reduce the pest risk to this level, and determines that sufficient APHIS resources are available to implement or ensure appropriate implementation of the mitigation measures, APHIS will propose to allow importation into the United States of the requested regulated article if the appropriate mitigation measures are employed. (Secs. 1, 5 and 9, 37 Stat. 315, 316, and 318, as amended; sec. 105, 71 Stat. 32 (7 U.S.C. 154, 159, 162, 150ee); 37 FR 28464, 28477, as amended; 38 FR 19141) [45 FR 31585, May 13, 1980, and 47 FR 3087, Jan. 22, 1982, as amended at 57 FR 43151, Sept. 18, 1992; 60 FR 3077, Jan. 13, 1995] §319.37-9 Approved packing material. Any restricted article at the time of importation or offer for importation into the United States shall not be packed in a packing material unless the plants were packed in the packing material immediately prior to shipment; such packing material is free from sand, soil, or earth (except for sand designated below); has not been used previously as packing material or otherwise; and is listed below: Baked or expanded clay pellets. Coral sand from Bermuda, if the article packed in such sand is accompanied by a phytosanitary certificate of inspection containing an accurate additional declaration from the plant protection service of Bermuda that such sand was free from soil. § 319.37-10 Marking and identity. (a) Any restricted article for importation other than by mail, at the time of importation or offer for importation into the United States shall plainly and correctly bear on the outer container (if in a container) or the restricted article (if not in a container) the following information: (1) General nature and quantity of the contents, (2) Country and locality where grown, (3) Name and address of shipper, owner, or person shipping or forwarding the article, (4) Name and address of consignee, (5) Identifying shipper's mark and number, and (6) Number of written permit authorizing the importation if one was issued. (b) Any restricted article for importation by mail shall be plainly and correctly addressed and mailed to the Plant Protection and Quarantine Programs at a port of entry listed in §319.37-14, shall be accompanied by a separate sheet of paper within the package plainly and correctly bearing the name, address, and telephone number of the intended recipient, and shall plainly and correctly bear on the outer container the following information: (1) General nature and quantity of the contents, (2) Country and locality where grown, (3) Name and address of shipper, owner, or person shipping or forwarding the article, and (4) Number of written permit authorizing the importation, if one was issued. (c) Any restricted article for importation (by mail or otherwise), at the time of importation or offer for importation into the United States shall be accompanied by an invoice or packing list indicating the contents of the shipment. (Approved by the Office of Management and Budget under control number 0579-0049) (44 U.S.C. 35) [45 FR 31585, May 13, 1980, as amended at 48 FR 57466, Dec. 30, 1983] $319.37-11 Arrival notification. Promptly upon arrival of any restricted article at a port of entry, the importer shall notify the Plant Protection and Quarantine Programs of the arrival by such means as a manifest, Customs entry document, commercial invoice, waybill, a broker's document, or a notice form provided for that purpose. (Approved by the Office of Management and Budget under control number 0579-0049) (44 U.S.C. 35) [45 FR 31585, May 13, 1980, as amended at 48 FR 57466, Dec. 30, 1983] § 319.37-12 Prohibited articles accompanying restricted articles. A restricted article for importation into the United States shall not be packed in the same container as an article prohibited importation into the United States by this part or part 321. §319.37-13 Treatment and costs and charges for inspection and treat ment. (a) The services of a Plant Protection and Quarantine inspector during regularly assigned hours of duty and at the usual places of duty shall be furnished without cost to the importer. 12 No charge will be made to the importer for Government owned or controlled special inspection facilities and equipment used in treatment, but the inspector may require the importer to furnish any special labor, chemicals, packing materials, or other supplies required in handling an importation under the regulations in this subpart. The Plant Protection and Quarantine Programs will not be responsible for any costs or charges, other than those indicated in this section. (b) Any treatment performed in the United States on a restricted article shall be performed by an inspector or under an inspector's supervision at a government-operated special inspec tion facility, except that an importer may have such treatment performed at a nongovernmental facility if the treatment is performed at nongovern 12 Provisions relating to costs for other services of an inspector are contained in part 354. ment expense under the supervision of an inspector and in accordance with any applicable treatment requirements of this subpart and in accordance with any treatment required by an inspector as an emergency measure in order to prevent the dissemination of any injurious plant disease, injurious insect pest, or other plant pest, new to or not theretofore known to be widely prevalent or distributed within and throughout the United States. However, treatment may be performed at a nongovernmental facility only in cases of unavailability of government facilities and only if, in the judgment of an inspector, such article can be transported to such nongovernmental facility without the risk of introduction into the United States of injurious plant diseases, injurious insect pests, or other plant pests. [45 FR 31585, May 13, 1980, as amended at 57 FR 43148, 43151, Sept. 18, 1992; 60 FR 3077, Jan. 13, 1995] §319.37-14 Ports of entry. (a) Any restricted article required to be imported under a written permit pursuant to §319.37-3(a) (1) through (6) of this subpart, shall be imported or offered for importation only at a port of entry designated by an asterisk in paragraph (b) of this section; any other restricted article shall be imported or offered for importation at any port of entry listed in paragraph (b) of this section. (b) Any restricted article from Canada not required to be imported under a written permit pursuant to §319.373(a) (1) through (6) of this subpart may be imported at any port of entry listed in this paragraph, or at any Customs designated port of entry on the United States-Canada border (Customs designated ports of entry are listed in 19 CFR part 101). LIST OF PORTS OF ENTRY Ports with special inspection and treatment facilities (plant inspection stations) are indicated by an asterisk (*). ALABAMA Mobile Federal Building, room 147, 113 St. Joseph Street, P.O. Box 1413, Mobile, AL 36601. (See Virginia) FLORIDA Cape Canaveral 120 George King Boulevard, P.O. Box 158, Cape Canaveral, FL 32920. Jacksonville Federal Building, room 521, 400 West Bay Street, P.O. Box 35003, Jacksonville, FL 32202. Key West Federal Building, room 226, 301 Simonton Street, P.O. Box 1486, Key West, FL 33040. * Miami Miami Inspection Station, 3500 NW. 62nd Avenue, P.O. Box 59-2136, Miami, FL 33159. FAA & NWS Building, Box 59-2647 AMF, Miami, FL 33159. Amman Building, room 305, 611 Eisenhower Boulevard, P.O. Box 13033, Fort Lauderdale, FL 33316. (NOTE: Restricted articles required to be imported under a written permit pursuant to §319.37-3(a)(1) through (6) of this subpart must be moved by ground transportation and under U.S. Customs bond to the Miami Inspection Station.) * Orlando Orlando Plant Inspection Station, 9317 Tradeport Drive, Orlando, FL 32827. Pensacola Federal Building, room 105, 100 North Palafax Street, P.O. Box 12561, Pensacola, FL 32573. |