(4) Determine overall estimation of risk based on compilation of component estimates. This step will evaluate whether the pest risk of importing a regulated article established in growing media, as developed through the estimates of paragraph (g)(3) of this section, is greater than the pest risk of importing the regulated article with bare roots as allowed by § 319.37-8(a).

(i) If the pest risk is determined to be the same or less, the regulated article established in growing media will be allowed importation under the same conditions as the same regulated article with bare roots.

(ii) If the pest risk is determined to be greater for the regulated article established in growing media, APHIS will evaluate available mitigation measures to determine whether they would allow safe importation of the regulated article. Mitigation measures currently in use as requirements of this subsection, and any other mitigation methods relevant to the regulated article and plant pests involved, will be compared with the individual pest risk assessments in order to determine whether requiring particular mitigation measures in connection with importation of the regulated article would reduce the pest risk to a level equal to or less than the risk associated with importing 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 implementation of the appropriate 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; 61 FR 51210, Oct. 1, 1996; 64 FR 66716, Nov. 30, 1999] $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.
Buckwheat hulls.

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. Excelsior.

Exfoliated vermiculite.
Ground cork.

Ground peat.
Ground rubber.

Paper. Perlite.

Polymer stabilized cellulose.

Quarry gravel.

Rock wool.

Sawdust.

Shavings-wood or cork.

Sphagnum moss.

Vegetable fiber when free of pulp, including coconut fiber and Osmunda fiber, but excluding sugarcane fiber and cotton fiber.

Volcanic rock.

[45 FR 31585, May 13, 1980, as amended at 57 FR 43151, Sept. 18, 1992; 60 FR 3078, Jan. 13, 1995]

§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,

§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 ar

ticle prohibited importation into the United States by this part or part 321.

§319.37-13 Treatment and costs and charges for inspection and treatment.

(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.11 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.

a

(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 inspection facility, except that an importer may have such treatment performed at nongovernmental facility if the treatment is performed at nongovernment 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

11 Provisions relating to costs for other services of an inspector are contained in part 354.

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; 61 FR 51210, Oct. 1, 1996]

$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.

ALASKA

Anchorage

Annex P.O. Box 6191, International Airport, Anchorage, AK 99502.

ARIZONA

* Nogales

Federal Inspection Station, Nogales, AZ 85621.

CONNECTICUT Wallingford

Federal Building, room 205, P.O. Box 631, Wallingford, CT 06492.

Phoenix

DELAWARE

Dover AFB

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

General Lyman Field, Hilo, HI 96720. *Honolulu (Airport)

Honolulu

International Airport, International Arrivals Building, Ewa end, Ground Level, P.O. Box 29757, Honolulu, HI 96820.

Wailuku, Maui

Federal Post Office Building, room 211, Wailuku, HI 96793.

ILLINOIS Chicago

U.S. Custom House, room 800, 610 South Canal Street, Chicago, IL 60607.

(Airport)

O'Hare International Arrivals Building, P.O. Box 66192, Chicago, IL 60666.

LOUISIANA

Baton Rouge

750 Florida Boulevard, room 321, Federal Building, P.O. Box 2447, Baton Rouge, LA 70821.

*New Orleans

Tampa

700 Twiggs Street, room 504, P.O. Box 266, Tampa, FL 33601.

West Palm Beach

158 Port Road, P.O. Box 10611, Riviera Beach, FL 33404.

(Airport)

Palm Beach International Airport, Port of Entry Building, West Palm Beach, FL 33406.

GEORGIA

Atlanta

Hapeville Branch Post Office, Basement, 650 Central Avenue, P.O. Box 82369, Hapeville, GA 30354.

New Orleans International Airport, P.O. Box 20037, Airport Mailing Facility, New Orleans, LA 70140.

F. Edward Hĕsbert Building, P.O. Box 2220, New Orleans, LA 70176.

MAINE

Bangor (Airport)

International Arrivals Building, Bangor International Airport, Bangor, ME 04401.

Portland

U.S. Courthouse, 156 Federal Street, room 309, Portland, ME 04101.

MARYLAND Baltimore

Appraisers Stores Building, room 506, 103 South Gay Street, Baltimore, MD 21202.