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(c) Bales or other containers of cotton shall not be broken or opened for sampling and samples shall not be drawn until the inspector has so authorized and has prescribed the conditions and safeguards under which such samples shall be obtained.

8319.8-19 Cottonseed or seed cotton

for experimental or scientific pur

poses. Entry of small quantities of cottonseed or seed cotton for experimental or scientific purposes may be authorized through such ports as may be named in the permit, and shall be subject to such special conditions as shall be set forth in the permit to provide adequate safeguards against pest entry.

8319.8–20 Importations by the Depart

ment of Agriculture. Cotton and covers may be imported by the Department of Agriculture for experimental or

scientific purposes under such conditions as may be prescribed by the Deputy Administrator of the Plant Protection and Quarantine Programs, which conditions may include clearance through the New Crops Research Branch of the Plant Science Research Division, Agricultural Research Services.

proved by the Deputy Administrator of the Plant Protection and Quarantine Programs, under the supervision of an inspector and to his satisfaction. Continued approval of the plant will be contingent upon the granting by the operator thereof, to the inspector, of access to all parts of the plant at all reasonable hours for the purpose of supervising sanitary and other operating conditions, checking the efficacy of the apparatus and chemical operations, and determining that wastage has been cleaned up and disposed of in a manner satisfactory to the inspector; and upon the maintenance at the plant of conditions satisfactory to the inspector.

(2) After cotton and covers have been vacuum fumigated they shall be so marked under the supervision of an inspector. Such material may thereafter be distributed, forwarded, or shipped without further plant quarantine entry restriction.

(3) Cotton and covers held by an importer for vacuum fumigation must be stored under conditions satisfactory to the inspector.

(4) Prompt vacuum fumigation of cotton and covers (other than high density cotton free of surface contamination) will be required at non-northern ports. Similar prompt vacuum fumigation will be required at Norfolk, Virginia, during the period June 15 to October 15 of each year, except for covers which have been used to contain only lint, linters, or waste, and the bales of which are compressed to a density of 28 or more pounds per cubic foot and are free of surface contamination.

(b) An inspector may authorize the substitution of processing, utilization, or other form of treatment for vacuum fumigation when in his opinion such other treatment, selected by him from administratively authorized procedures, will be effective in eliminating infestation of the pink bollworm.

8319.8–21 Release of cotton and covers

after 18 months' storage. Cotton and covers, the entry of which has been authorized subject to vacuum fumigation or other treatment because of the pink bollworm only, and which have not received such treatment but have been stored for a period of 18 months or more will be released from further plant quarantine entry restrictions.

8319.8–22 Ports of entry or export.

When ports of entry or export are not specifically designated in this subpart but are left to the judgment of the inspector, the inspector shall designate only such ports as have been administratively approved for such entry or export.

8319.8–23 Treatment.

(a)(1) Vacuum fumigation as required in this subpart shall consist of fumigation, in a vacuum fumigation plant ap

8319.8–24 Collection and disposal of

waste. (a) Importers shall handle imported, unfumigated cotton and covers in a manner to avoid waste. If waste does occur, the importer or his agent shall collect and dispose of such waste in a manner satisfactory to the inspector.

the inspector, nor will the Department of Agriculture or the inspector assume responsibility for the value of material destroyed.

Subpart-Sugarcane

(b) If, in the judgment of an inspector, it is necessary as a safeguard against risk of pest dispersal to clean railway cars, lighters, trucks, and other vehicles and vessels used for transporting such cotton or covers, or to clean piers, warehouses, fumigation plants, mills, or other premises used in connection with importation of such cotton or covers, the importer or his agent shall perform such cleaning, in a manner satisfactory to the inspector.

(c) All costs incident to such collection, disposal, and cleaning other than the services of the inspector during his regular tour of duty and at the usual place of duty, shall be borne by the importer or his agent.

8319.8–25 Costs and charges.

The services of the inspector during regularly assigned hours of duty and at the usual places of duty shall be furnished without cost to the importer. The Plant Protection and Quarantine Programs will not assume responsibility for any costs or charges, other than those indicated in this section, in connection with the entry, inspection, treatment, conditioning, storage, forwarding, or any other operation of any character incidental to the physical entry of an importation of a restricted material.

8319.15 Notice of quarantine.

(a) On and after October 1, 1934, under authority conferred by the Plant Quarantine Act approved August 20, 1912 (37 Stat. 315; 7 U.S.C. 151–167), as amended, the importation into the United States of canes of sugarcane, or cuttings or parts thereof, sugarcane leaves, the bagasse, from all foreign countries and localities, is prohibited: Provided, That this prohibition shall not apply to importations by the U.S. Department of Agriculture for scientific or experimental purposes, nor to importations of specific materials which the Department may authorize under permit on condition that they have been or are to be so treated, processed, or manufactured that, in the judgment of the Department, their entry will involve no pest risk: Provided further, That whenever the Deputy Administrator of the Plant Protection and Quarantine Programs shall find that existing conditions as to pest risk involved in the importation of bagasse and related sugarcane products into Guam, make it safe to modify by making less stringent the restrictions of this section with respect to such importation, he shall publish such finding in administrative instructions, specifying the manner in which the restrictions shall be made less stringent and imposing such conditions on such importation as he deems necessary to carry out the purposes of this section, whereupon such modification shall become effective.

(b) As used in this subpart, unless the context otherwise requires, the term “United States” means the States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States.

8319.8–26 Material refused entry.

Any material refused entry for noncompliance with the requirements of this subpart shall be promptly removed from the United States or abandoned by the importer for destruction, and pending such action shall be subject to the immediate application of such safeguards against escape of plant pests as the inspector may prescribe. If such material is not promptly safeguarded by the importer, removed from the United States, or abandoned for destruction to the satisfaction of the inspector it may be seized, destroyed, or otherwise disposed of in accordance with section 10 of the Plant Quarantine Act (7 U.S.C. 164a). Neither the Department of Agriculture nor the inspector will be responsible for any costs accruing for demurrage, shipping charges, cartage, labor, chemicals, or other expenses incidental to the safeguarding or disposal of material refused entry by

8319.15a Administrative instructions

and interpretation relating to entry into Guam of bagasse and related

sugarcane products. Bagasse and related sugarcane products have been so processed that, in the

judgment of the Department, their importation into Guam will involve no pest risk, and they may be imported into Guam without further permit, other than the authorization contained in this paragraph. Such importations may be made without the submission of a notice of arrival inasmuch as there is available to the inspector the essential information normally supplied by the importer at the time of importation. Inspection of such importations may be made under the general authority of $330.105(a) of this chapter. If an importation is found infected, infested, or contaminated with any plant pest and is not subject to disposal under this part, disposition may be made in accordance with $ 330.106 of this chapter.

Rutaceae that are regulated articles under $8 319.40–1 through 319.40–11 may be imported into the United States in accordance with 88 319.40-1 through 319.40-11 and without restriction by this subpart.

(e) As used in this section unless the context otherwise requires, the term United States' means the continental United States, Guam, Hawaii, Puerto Rico, and the Virgin Islands of the United States.

(24 FR 10788, Dec. 29, 1959, as amended at 60 FR 27674, May 25, 1995)

Subpart-Corn Diseases

Subpart-Citrus Canker and Other

Citrus Diseases

8319.19 Notice of quarantine.

(a) In order to prevent the introduction into the United States of the citrus canker disease (Xanthomonas citri (Hasse) Dowson) and other citrus diseases, the importation into the United States of plants or any plant part, except fruit and seeds, of all genera, species, and varieties of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the botanical family Rutaceae is prohibited, except as provided in paragraphs (b), (c), and (d) of this section.

(b) Plants or plant parts of all genera, species, and varieties of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the botanical family Rutaceae may be imported into the United States for experimental or scientific purposes in accordance with conditions prescribed by the Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture.

(c) Plants or plant parts of all genera, species, and varieties of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the botanical family Rutaceae may be imported into Guam in accordance with 8319.37–6.

(d) Plants or plant parts of all genera, species, and varieties of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the botanical family

QUARANTINE 8319.24 Notice of quarantine.

(a) The fact has been determined by the Secretary of Agriculture, and notice is hereby given, that maize or Indian corn (Zea mays L.) and closely related plants are subject to certain injurious diseases, especially Peronospora maydis Raciborski, Sclerospora sacchari Miyake and other downy mildews; also the Physoderma diseases of maize, Physoderma zeae-maydis Shaw, and Physoderma maydis Miyake, new to and not heretofore widely prevalent or distributed within and throughout the United States, and that these diseases occur in southeastern Asia (including India, Siam, Indo-China and China), Malayan Archipelago, Australia, Oceania, Philippine Islands, Formosa, Japan, and adjacent islands.

(b) Except as provided for in paragraph (d) of this section for corn seed from New Zealand, on and after July 1, 1916, and until further notice, by virtue of section 7 of the act of Congress approved August 20, 1912, known as the “Plant Quarantine Act” (37 Stat. 317; 7 U.S.C. 160), the importation into the United States, in the raw or unmanufactured state, from southeastern Asia (including India, Siam Indo-China and China), Malayan Archipelago, Australia, New Zealand, Oceania, Philippine Islands, Formosa, Manchuria, Japan, and adjacent islands, of seed and all other portions of Indian corn or maize (Zea mays L.), and the closely related plants, including all species of Teosinte (Euchlaena), jobs-tears (Coix), Polytoca, Chionachne, and Sclerachne,

except for experimental or scientific subject to inspection at the port of purposes by the Department of Agri- entry. Corn found upon inspection to culture, except as provided in the regu- contain disease infection will be sublations supplemental hereto, is prohib- ject to sterilization in accordance with ited: Provided, That whenever the Dep- methods selected by the inspector from uty Administrator of the Plant Protec

administratively authorized procedures tion and Quarantine Programs shall

known to be effective under the condifind that existing conditions as to pest

tions in which applied. risk involved in the importation of the articles to which the regulations sup- REGULATIONS GOVERNING ENTRY OF plemental thereto apply, make it safe

INDIAN CORN OR MAIZE to modify, by making less stringent, the restrictions contained in any of 8319.24–1 Applications for permits for such regulations, he shall publish such importation of corn. findings in administrative instructions,

Persons contemplating the importaspecifying the manner in which the

tion of corn into the United States regulations shall be made less stringent, whereupon such modification

shall, before shipping the corn, make shall become effective; or he may,

application for a permit, on forms prowhen the public interests will permit,

vided for that purpose, to the Deputy with respect to the importation of such

Administrator of the Plant Protection articles into Guam, upon request in

and Quarantine Programs, Department specific cases, authorize such importa- of Agriculture, Washington, DC, stattion under conditions, specified in the ing the name and address of the expermit to carry out the purposes of porter, the country and locality where this subpart, that are less stringent grown, the port of departure, the prothan those contained in the regula- posed port of entry, and the name and tions.

address of the importer or of the (c) As used in this subpart, unless the broker in the United States to whom context otherwise requires, the term the permit should be sent. “United States” means the States, the District of Columbia, Guam, Puerto

(Approved by the Office of Management and

Budget under control number 0579 0049)
Rico, and the Virgin Islands of the
United States.

(44 U.S.C. 35) (d) Seed of Indian corn or maize (Zea

[24 FR 10788, Dec. 29, 1959, as amended at 48 mays L.) that is free from the cob and

FR 57466, Dec. 30, 1983) from all other parts of corn may be imported into the United States from 8319.24–2 Issuance of permits. New Zealand without further restriction.

(a) Upon receipt of an application and

upon approval by an inspector a permit [24 FR 10788, Dec. 29, 1959, as amended at 58

will be issued specifying the conditions FR 44745, Aug. 25, 1993]

of entry and the port of entry to carry 8319.24a Administrative instructions

out the purposes of this subpart, and a relating to entry of corn into Guam. copy will be supplied to the importer. Corn may be imported into Guam

(b) Further permits may be refused without further permit, other than the

and existing permits revoked, if the apauthorization contained in this section

plication therefor does not correctly but subject to compliance with $ 319.24

give the locality where the corn was 3. Such imports need not comply with

grown, or is false or deceptive in any the notice of arrival requirements of

material particular. $ 319.244 inasmuch as information equivalent to that in a notice of arrival

8319.243 Marking condition of is available to the inspector from an

entry. other source. Section 319.24-5 shall not Every bag or other container of corn be applicable to importations of corn offered for entry shall be plainly into Guam. Such importations shall be marked with such numbers or marks as

as

will make it easily possible to associate the bags or containers with a particular importation. (Approved by the Office of Management and Budget under control number 0579_0049) (44 U.S.C. 35) (24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]

permittee for sterilization, upon the filing with the appropriate customs official of a bond in the amount of $5,000, or in an amount equal to the invoice value of the corn if such value is less than $5,000, with approved sureties, and conditioned upon sterilization of the corn under the supervision and the satisfaction of an inspector of the Plant Protection and Quarantine Programs; and upon the redelivery of the corn to said customs official within 40 days from the arrival of the corn at the port of entry.

Subpart-Citrus Fruit

8319.244 Notice of arrival of corn by

permittee. Immediately upon the arrival of the corn at the port of entry the permittee shall submit, in duplicate, notice to the Plant Protection and Quarantine Programs, through the United States Collector of Customs, or, in the case of Guam, through the Customs officer of the Government of Guam, on forms provided for that purpose, stating the number of the permit, the number of bags or other containers of corn included in the shipment, the bag or other container numbers or marks, the country and locality where the corn was grown, the name and address of the exporter or foreign shipper, the port of departure, the date of arrival, the name of the ship or vessel, and the designation of the dock where the corn is to be landed.

NOTE: Citrus nursery stock, except seeds, is prohibited entry from all foreign countries and localities by the citrus nursery stock quarantine No. 19 (8319.19).

The importation from all foreign countries of fruits of citrus and citrus relatives, other than those specified in this subpart, is restricted by the provisions of fruit and vegetable quarantine No. 56 (88319.56 to 319.56-8).

(Approved by the Office of Management and Budget under control number 05790049) (44 U.S.C. 35) (24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]

8319.24–5 Condition of entry.

The corn shall not be removed from the port of entry, nor shall any bag or other container thereof be broken or opened, except for the purpose of sterilization, until a written notice is given to the United States Collector of Customs, or, in the case of Guam, the Customs officer of the Government of Guam, by an inspector of the Plant Protection and Quarantine Programs, that the corn has been properly sterilized and released for entry without further restrictions so far as the jurisdiction of the Department of Agriculture extends thereto. All apparatus and methods for accomplishing such sterilization must be satisfactory to the Plant Protection and Quarantine Programs. Corn will be delivered to the

8319.28 Notice of quarantine.

(a) Under the authority conferred by sections 5, 7, and 9 of the Plant Quarantine Act of 1912 (7 U.S.C. 159, 160, 162), and having held the public hearing required thereunder, the Secretary of Agriculture does hereby declare, (1) that in order to prevent the introduction into the United States of the citrus

canker disease Xanthomonas campestris pv. citri (Hasse) Dye the importation into the United States of all fruits and peel of all genera, species, and varieties of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the botanical family Rutaceae from eastern and southeastern Asia (including India, Burma, Ceylon, Thailand, Indochina, and China), the Malay Archipelago, the Philippine Islands, Oceania (except Australia and Tasmania), Japan and adjacent islands, the Republic of Korea, Formosa, Mauritius, Seychelles, Brazil, and Paraguay is prohibited; (2) that in order to prevent the introduction into the United States of sweet orange scab (Elsinoe australis Bitanc. and Jenkins) the importation into the United States of fruits and peel of all species and varieties of the genus Citrus, including among others Citrus aurantifolia (Christm.) Swingle, C.

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