. /.  WORLD TRADE  
ORGANIZATION   
G/SPS/N/USA/2184/Add.1 
2 May 2012  
 (12-2337) 
Committee on Sanitary and Phytosanitary Measures Original:   English 
  
 
NOTIFICATION 
 
Addendum 
  
The following communication, received on 20 April 2012, is being circulated at the request of 
the Delegation of United States. 
 
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Final Rule:  Importation of Pomegranates From Chile Under a Systems Approach (Docket No. 
APHIS-2010-0024) 
 The Animal and Plant Health Inspection Se rvice is amending the fruits and vegetables 
regulations to allow the importation into the c ontinental United States of pomegranates from Chile, 
subject to a systems approach.  Under this system s approach, the fruit would have to be grown in a 
place of production that is registered with the national plant protection or ganization of Chile and 
certified as having a low prevalence of Brevipalpus chilensis.  The fruit would have to undergo pre-
harvest sampling at the registered production site.  Following post-harvest processing, the fruit would 
have to be inspected in Chile at an approved inspec tion site.  Each consignment of fruit would 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 action 
will allow for the safe importation of fresh pomeg ranates from Chile using mitigation measures other 
than fumigation with methyl bromide. 
 This notice is available in English at:  Fede ral Register:  17 April 2012 (Volume 77, Number 
74) Notices Pages 22663-22665.  To view online, go to  
 http://www.regulations.gov/#!docum entDetail;D=APHIS-2010-0024-0034   
 This action is subsequent to a notice publishe d in the Federal Regist er on 16 March 2011, (FR 
Volume 76, Pages 14320-14323, Docket No. APHIS-2010-0024), in which a proposal was announced to amend the regulations by a llowing pomegranates and figs from Chile to be imported into the 
United States subject to a systems approach.  Under this systems approach, the fruit would have to be 
grown in a place of production that is registered with the national plant protection organization of 
Chile and certified as having a low prevalence of Brevipalpus chilensis.  The fruit would have to 
undergo pre-harvest sampling at the registered pr oduction site.  Following post-harvest processing, 
the fruit would have to be inspected in Chile at an approved inspection site.  Each consignment of 
fruit would have to be accompanied by a phytosan itary certificate with an additional declaration 
stating that the fruit had been found free of Brev ipalpus chilensis based on field and packinghouse 
inspections.  We solicited comments concerning our proposal for 60 days ending 16 May 2011.  We 
received 28 comments by that date.  They were fro m private citizens, port terminal operators, fruit 
wholesalers, producers, importers, exporters, trad e associations, and representatives of State and 
foreign governments.  Several of the comments we received were focused on figs, with the 
commenters raising concerns about the efficacy of the systems approach in addressing the risks G/SPS/N/USA/2184/Add.1 
Page 2  
 
  associated with figs grown in Chile.  In order to a llow us more time to consider those issues without 
delaying action on approving the use of the systems approach for pomegranates, we have decided to 
not finalize the proposed provisions related to the im portation of figs from Chile at this time, but may 
do so in a subsequent action.  This final rule only addresses the comments we received on the 
proposed importation of pomegranates from Chile. 
This addendum concerns a: 
[ ] Modification of final date for comments 
[X] Notification of adoption, publication or entry into force of regulation 
[ ] Modification of content and/or scope of previously notified draft regulation 
[ ] Withdrawal of proposed regulation 
[ ] Change in proposed date of adoption, publication or date of entry into force 
[ ] Other:    
Comment period:  (If the addendum extends the scope of th e previously notified measure in terms 
of products and/or potentially affected Members, a new deadline for receipt of comments should be 
provided, normally of at least 60 calendar days.  Under other circumstances, such as extension of 
originally announced final date for comments, th e comment period provided in the addendum may 
vary.)  
[ ] Sixty days from the date of circulation of the addendum to the notification and/or 
(dd/mm/yy) :   
Agency or authority designated to handle commen ts:  [ ] National Notification Authority, [ ] 
National Enquiry Point.  Address, fax number and e-mail address (if available) of other body: 
FOR FURTHER INFORMATION CONTACT:  Ms. Cla udia Ferguson, Regulatory Policy Specialist, 
Regulatory Coordination and Compliance, PPQ, AP HIS, 4700 River Road, Unit 133, Riverdale, MD 
20737-1231;  Tel:  +1 (301) 851-2352.  
Text available from:  [X] National Notification Au thority, [ ] National Enquiry Point.  Address, 
fax number and e-mail address (if available) of other body: 
United States SPS National Notification Authority, US DA Foreign Agricultural Service, International 
Regulations and Standards Division (IRSD), Stop 1014, Washington D.C. 20250;  Tel:  +1 (202) 720 1301;  Fax:  +1 (202) 720 0433;  E-mail:  us.spsenquirypoint@fas.usda.gov      
 
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