PART 980—VEGETABLES; IMPORT REGULATIONS Authority: 7 U.S.C. 601-674. § 980.1 Import regulations; Irish potatoes. (a) Findings and determinations with respect to imports of Irish potatoes. (i) Grade, size, quality, and maturity regulations have been issued from time to time pursuant to the following marketing orders: No. 945 (part 945 of this chapter), No. 948 (part 948 of this chapter), No. 947 (part 947 of this chapter), No. 946 (part 946 of this chapter), and No. 953 (part 953 of this chapter). (ii) During the past several years, grade, size, quality, and maturity regulations have been in effect pursuant to two or more of such orders during each month of the year; (iii) The marketing of Irish potatoes can be reasonably distinguished by the several seasonal categories, i.e., winter, early spring, late spring, early summer, late summer, and fall. The bulk of the fall crop is harvested and placed in storage in the fall and marketed over a period of several months extending into the following summer. But potatoes harvested from the other seasonal crops are generally marketed as the potatoes are harvested. The marketing seasons for these crops overlap. (iv) Concurrent grade, size, quality, and maturity regulations under two or more of the aforesaid marketing orders are expected in the ensuing and future seasons, as in the past. (2) Therefore it is hereby determined that: (i) Imports of red-skinned, round type potatoes during each month of the marketing year are in most direct competition with potatoes of the same type produced in the area covered by Marketing Order No. 946 (part 946 of this chapter). (ii) Imports of all other round type potatoes during each month of the marketing year are in most direct competition with potatoes of the same type produced in Area 2, Colorado (San Luis Valley) covered by Marketing Order No. 948, as amended (part 948 of this chapter). (iii) Imports of long type potatoes during each month of the marketing year are in most direct competition with potatoes of the same type produced in the area covered by Order No. 945 (part 945 of this chapter). (b) Grade, size, quality, and maturity requirements. (1) Through the entire year, the grade, size, quality, and maturity requirements of Area 2, Colorado (San Luis Valley) covered by Marketing Order No. 948, as amended (part 948 of this chapter), applicable to potatoes of the round type, other than red-skinned varieties, shall be the respective grade, size, quality, and maturity requirements for imports of all other round type potatoes. (2) Through the entire year the grade, size, quality, and maturity requirements of Marketing Order 945, as amended (part 945 of this chapter) applicable to potatoes of all long types shall be the respective grade, size, quality, and maturity requirements for imported potatoes of all long types. (3) The grade, size, quality, and maturity requirements as provided for in this paragraph shall apply to imports of similar types of potatoes, unless otherwise ordered, on and after the effective date of the applicable domestic regulation or amendment thereto, as provided in this paragraph or 3 days following publication of such regulation or amendment in the Federal Register, (c) Minimum quantities. (d) Plant quarantine. (e) Certified seed. (f) Designation of governmental inspection services. (g) Inspection and official inspection certificates. (1)(i) Inspection and certification by the Federal or Federal-State Inspection Service will be available and performed in accordance with the rules and regulations governing certification of fresh fruits, vegetables, and other products (7 CFR part 51), and each lot shall be made available and accessible for inspection as provided therein. Cost of inspection and certification shall be borne by the applicant. For questions about inspection services or for further assistance, contact: Specialty Crops Inspection Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Room 1536-S, STOP 0240, Washington, DC 20250-0237; telephone (202) 720-5870; fax (202) 720-0393. (ii) If certification is provided by a designated governmental inspection service other than the Federal or Federal-State Inspection Service, in accordance with 980.1(f), an importer shall electronically transmit to USDA, prior to entry, the certificate number and an electronic image of the certificate using the U.S. Customs and Border Protection's Automated Commercial Environment system. If this information is not provided electronically prior to entry, a paper copy of the certificate must accompany the shipment at the time of entry, and a copy of the certificate must be submitted by email or mail to the Market Development Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; telephone (888) 551-3523; or email [email protected]. (2) In the event the required inspection is performed prior to the arrival of the potatoes at the port of entry, the inspection certificate that is issued must show that the inspection was performed at the time of loading such potatoes for direct transportation to the United States; and if transportation is by water, the certificate must show that the inspection was performed at the time of loading onto the vessel. (3) Inspection certificates shall cover only the quantity of potatoes that is being imported at a particular port of entry by particular importers. (4) Each inspection certificate issued with respect to any Irish potatoes to be imported into the United States shall set forth, among other things: (i) The date and place of inspection; (ii) The name of the shipper, or applicant; (iii) The Customs entry number pertaining to the lot or shipment covered by the certificate; (iv) The commodity inspected; (v) The quantity of the commodity covered by the Certificate; (vi) The principal identifying marks of the containers; (vii) The railroad car initials and number, the truck and trailer number, the name of the vessel, or other identification of the shipment; and (viii) The following statement if the facts warrant: Meets U.S. Import requirements under section 8e of the Agricultural Marketing Agreement Act of 1937. (h) Reconditioning prior to importation. (i) Definitions. (2) Importation (j) Exemptions. (2) There shall be no size requirements for potatoes that are imported in containers with a net weight of 3 pounds or less, if the potatoes are otherwise U.S. No. 1 grade or better. [34 FR 8044, May 22, 1969, as amended at 35 FR 8204, May 26, 1970; 36 FR 9634, May 27, 1971; 37 FR 8059, Apr. 25, 1972; 54 FR 22577, May 25, 1989; 57 FR 30382, July 9, 1992; 58 FR 69189, Dec. 30, 1993; 61 FR 13060, Mar. 26, 1996; 67 FR 66531, Nov. 1, 2002; 74 FR 2808, Jan. 16, 2009; 74 FR 65394, Dec. 10, 2009; 79 FR 8256, Feb. 12, 2014; 80 FR 22361, Apr. 22, 2015; 85 FR 12295, Mar. 6, 2020; 88 FR 82234, Nov. 24, 2023] § 980.117 Import regulations; onions. (a) Findings and determinations with respect to onions. (i) Grade, size, quality, and maturity regulations have been issued regularly under Marketing Orders No. 958 and 959, both as amended; (ii) Since December 9, 1985, grade, size, quality, and maturity regulations have been in effect pursuant to these orders during the period August through July; (iii) The marketing of onions can be reasonably distinguished by the seasonal categories, i.e., late summer and early spring. The bulk of the late summer crop is harvested and placed in storage in late summer and early fall and marketed over a period of several months extending into the following spring. But the onions harvested from the early spring crop are generally marketed as soon as the onions are harvested. The marketing seasons for these crops overlap; (iv) Concurrent grade, size, quality, and maturity regulations under the two marketing orders are expected in future seasons, as in the past. (2) Therefore, it is hereby determined that: Imports of onions during the June 5 through March 9 period, and the entire year for imports of pearl and cipolline varieties of onions, are in most direct competition with the marketing of onions produced in designated counties of Idaho and Malheur County, Oregon, covered by Marketing Order No. 958, as amended (7 CFR Part 958) and during the March 10 through June 4 period the marketing of imported onions, not including pearl or cipolline varieties of onions, is in most direct competition with onions produced in designated counties in South Texas covered by Marketing Order No. 959, as amended (7 CFR part 959). (b) Grade, size, quality, and maturity requirements. (1) During the period June 5 through March 9 of each marketing year, and the entire year for pearl and cipolline onions, whenever onions grown in designated counties in Idaho and Malheur County, Oregon, are regulated under Marketing Order No. 958, imported onions shall comply with the grade, size, quality, and maturity requirements imposed under that order. (2) During the period March 10 through June 4 of each marketing year, whenever onions grown in designated counties in South Texas are regulated under Marketing Order No. 959, imported onions, not including pearl and cipolline onions, shall comply with the grade, size, quality, and maturity requirements imposed under that order. (c) Minimum quantity exemption. (d) Plant quarantine. (e) Designation of governmental inspection service. (f) Inspection and official inspection certificates. (2) Inspection and certification by the Federal or Federal-State Inspection Service will be available and performed in accordance with the rules and regulations governing certification of fresh fruits, vegetables and other products (7 CFR part 51). Each lot shall be made available and accessible for inspection as provided therein. Cost of inspection and certification shall be borne by the applicant. For questions about inspection services or for further assistance, contact: Specialty Crops Inspection Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Room 1536-S, STOP 0240, Washington, DC 20250-0237; telephone (202) 720-5870; fax (202) 720-0393. (3) If certification is provided by a designated governmental inspection service other than the Federal or Federal-State Inspection Service, in accordance with 980.117(e), an importer shall electronically transmit to USDA, prior to entry, the certificate number and an electronic image of the certificate using the U.S. Customs and Border Protection's Automated Commercial Environment system. If this information is not provided electronically prior to entry, a paper copy of the certificate must accompany the shipment at the time of entry, and a copy of the certificate must be submitted by email or mail to the Market Development Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; telephone (888) 551-3523; email [email protected]; (4) Inspection certificates shall cover only the quantity of onions that is being imported at a particular port of entry by a particular importer. (5) Each inspection certificate issued with respect to any onions to be imported into the United States shall set forth, among other things: (i) The date and place of inspection; (ii) The name of the shipper, or applicant; (iii) The Customs entry number pertaining to the lot or shipment covered by the certificate; (iv) The commodity inspected; (v) The quantity of the commodity covered by the certificate; (vi) The principal identifying marks on the containers; (vii) The railroad car initials and number, the truck and trailer license number, the name of the vessel, or other identification of the shipment; and (viii) The following statement, if the facts warrant: Meets import requirements of 7 U.S.C. 608e-1. (g) Reconditioning prior to importation. (h) Definitions. Onions Allium cepa U.S. No. 2 moderately cured Importation pearl onions (i) Exemptions. [43 FR 5500, Feb. 9, 1978, as amended at 52 FR 8872, Mar. 20, 1987; 52 FR 19281, May 22, 1987; 54 FR 8520, Mar. 1, 1989; 58 FR 69189, Dec. 30, 1993; 59 FR 46912, Sept. 13, 1994; 61 FR 13060, Mar. 26, 1996; 61 FR 25557, May 22, 1996; 69 FR 56671, Sept. 22, 2004; 74 FR 2808, Jan. 16, 2009; 74 FR 65394, Dec. 10, 2009; 75 FR 1269, Jan. 11, 2010; 85 FR 12295, Mar. 6, 2020; 88 FR 82234, Nov. 24, 2023] § 980.212 Import regulations; tomatoes. (a) Findings and determinations with respect to fresh tomatoes. (i) Grade, size, quality and maturity regulations have been issued from time to time under Marketing Order No. 966, as amended; (ii) The marketing of fresh tomatoes from Florida covered by Marketing Order No. 966, as amended, can reasonably be expected to occur during the months of October through June; (2) Therefore, it is hereby determined that imports of fresh tomatoes during the months of October through June are in most direct competition with the marketing of fresh tomatoes produced in Florida covered by Marketing Order No. 966, as amended. (b) Grade, size, quality and maturity requirements. (1) From October 10 through June 15 of each season, tomatoes offered for importation shall be at least 2 9/32 Provided, TM TM Provided, TM TM (2)—(3) [Reserved] (c) Minimum quantity exemption. (d) Plant quarantine. (e) Designation of governmental inspection service. (f) Inspection and official inspection certificates. (2) Inspection and certification by the Federal or Federal-State Inspection Service will be available and performed in accordance with the rules and regulations governing certification of fresh fruits, vegetables and other products (7 CFR part 51). Each lot shall be made available and accessible for inspection as provided therein. Cost of inspection and certification shall be borne by the applicant. For questions about inspection services or for further assistance, contact: Specialty Crops Inspection Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Room 1536-S, STOP 0240, Washington, DC 20250-0237; telephone (202) 720-5870; fax (202) 720-0393. (3) If certification is provided by a designated governmental inspection service other than the Federal or Federal-State Inspection Service, in accordance with 980.212(e), an importer shall electronically transmit to USDA, prior to entry, the certificate number and an electronic image of the certificate using the U.S. Customs and Border Protection's Automated Commercial Environment system. If this information is not provided electronically prior to entry, a paper copy of the certificate must accompany the shipment at the time of entry, and a copy of the certificate must be submitted by email or mail to the Market Development Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; telephone (888) 551-3523; email [email protected]; (4) Inspection certificates shall cover only the quantity of tomatoes that is being imported at a particular port of entry by a particular importer. (5) Each inspection certificate issued with respect to any tomatoes to be imported into the United States shall set forth, among other things: (i) The date and place of inspection; (ii) The name of the shipper, or applicant; (iii) The Customs entry number pertaining to the lot or shipment covered by the certificate; (iv) The commodity inspected; (v) The quantity of the commodity covered by the certificate; (vi) The principal identifying marks on the containers; (vii) The railroad car initials and number, the truck and trailer license number, the name of the vessel, or other identification of the shipment; and (viii) The following statement, if the facts warrant: Meets import requirements of 7 U.S.C. 608e-1. (g) Reconditioning prior to importation. (h) Definitions. Importation Cherry tomatoes Pear shaped tomatoes Hydroponic tomatoes Greenhouse tomatoes (i) Exemptions. [42 FR 55192, Oct. 14, 1977, as amended at 43 FR 3349, Jan. 25, 1978; 57 FR 27352, June 19, 1992; 58 FR 69189, Dec. 30, 1993; 61 FR 13060, Mar. 26, 1996; 63 FR 12401, Mar. 13, 1998; 72 FR 2172, Jan. 18, 2007; 74 FR 2808, Jan. 16, 2009; 74 FR 45736, Sept. 4, 2009; 74 FR 65394, Dec. 10, 2009; 81 FR 87412, Dec. 5, 2016; 85 FR 12295, Mar. 6, 2020; 88 FR 82234, Nov. 24, 2023] § 980.501 Safeguard procedures for potatoes, onions, and tomatoes exempt from grade, size, quality, and maturity requirements. (a) Exempt use. (1) Potatoes, onions or tomatoes for consumption by charitable institutions or distribution by relief agencies; (2) Potatoes, onions, or tomatoes for processing; (3) Potatoes or onions for livestock feed; or (4) Pearl onions; or (5) Tomatoes to be used in noncommercial outlets for experimental (b) Certification of exempt use. e.g., (2) Each receiver of an exempt commodity as specified in paragraph (a) of this section shall also receive a copy of the associated SC-6 form (electronic or paper) filed by the importer. Within two days of receipt of the exempt lot, the receiver shall certify on the form (electronic or paper) to the Market Development Division that such lot has been received and will be utilized in the exempt outlet as certified by the importer. If certification is made using a paper SC-6 form, the receiver shall provide a handwritten signature on the form. (c) Disposition. (d) Filing. [email protected]; [88 FR 82234, Nov. 24, 2023]