§ 319.77-4 Conditions for the importation of regulated articles. ( a ) Trees and shrubs. [1] ( 1 ) Trees without roots (*e.g.,* Christmas trees) may be imported into the United States from any area of Canada without restriction under this subpart if they: ( i ) Were greenhouse-grown throughout the year;
( ii ) Are destined for a U.S. infested area and will not be moved through any U.S. noninfested areas; or
( iii ) Are Christmas trees destined for a U.S. infested area and will not be moved through any U.S. noninfested areas other than noninfested areas in the counties of Aroostock, Franklin, Oxford, Piscataquis, Penobscot, and Somerset, ME (*i.e.,* areas in those counties that are not listed in 7 CFR 301.45-3).
( 2 ) Trees without roots (e.g., Christmas trees) that are destined for a U.S. noninfested area or will be moved through a U.S. noninfested area may be imported into the United States from Canada only under the following conditions: ( i ) If the trees originated in a Canadian infested area, they must be accompanied by an officially endorsed Canadian phytosanitary certificate that includes an additional declaration confirming that the trees have been inspected and found free of gypsy moth or that the trees have been treated for gypsy moth in accordance with part 305 of this chapter.
( ii ) If the trees originated in a Canadian noninfested area, they must be accompanied by a certification of origin stating that they were produced in an area of Canada where gypsy moth is not known to occur.
( b ) Bark and bark products and logs and pulpwood with bark attached. [2] ( 1 ) Bark and bark products or logs or pulpwood with bark attached that are destined for a U.S. infested area and that will not be moved through any U.S. noninfested area other than noninfested areas in the counties of Aroostock, Franklin, Oxford, Piscataquis, Penobscot, and Somerset, ME (*i.e.*, areas in those counties that are not listed in § 301.45-3 of this chapter) may be imported from any area of Canada without restriction under this subpart.
( 2 ) Bark and bark products or logs or pulpwood with bark attached that are destined for a U.S. noninfested area or will be moved through a U.S. noninfested area may be imported into the United States from Canada only under the following conditions: ( i ) If the bark, bark products, logs, or pulpwood originated in a Canadian infested area, they must be either: ( A ) Accompanied by an officially endorsed Canadian phytosanitary certificate that includes an additional declaration confirming that they have been inspected and found free of gypsy moth or that they have been treated for gypsy moth in accordance with part 305 of this chapter; or
( B ) Destined for a specified U.S. processing plant or mill under compliance agreement with the Animal and Plant Health Inspection Service for specified handling or processing.
( ii ) If the bark, bark products, logs, or pulpwood originated in a Canadian noninfested area, they must be accompanied by a certification of origin stating that they were produced in an area of Canada where gypsy moth is not known to occur.
( c ) *Outdoor household articles and mobile homes and their associated equipment.* ( 1 ) Outdoor household articles and mobile homes and their associated equipment that are destined for a U.S. infested area and will not be moved through any U.S. noninfested areas may be imported from any area in Canada without restriction under this subpart.
( 2 ) Outdoor household articles and mobile homes and their associated equipment that are being moved from a Canadian noninfested area may be imported into any area of the United States without restriction under this subpart.
( 3 ) Outdoor household articles and mobile homes and their associated equipment that are being moved from a Canadian infested area into a U.S. noninfested area, or that will be moved through a U.S. noninfested area, may be imported into the United States only if they are accompanied by a statement, signed by their owner, stating that they have been inspected and found free of gypsy moth.
( d ) *Stone and quarry products.* Stone and quarry products originating in a Canadian infested area may be imported into the United States only if they are destined for an infested area of the United States and will not be moved through any noninfested areas of the United States, and may be moved through the United States if they are moved only through infested areas.
(Approved by the Office of Management and Budget under control number 0579-0142) [64 FR 45866, Aug. 23, 1999, as amended at 65 FR 38176, June 20, 2000; 69 FR 61589, Oct. 20, 2004; 70 FR 33326, June 7, 2005; 71 FR 40878, July 19, 2006; 83 FR 11866, Mar. 19, 2018; 84 FR 2429, Feb. 7, 2019; 84 FR 29958, June 25, 2019] Footnotes -
319.77-4
[1] Trees and Shrubs from Canada may be subject to additional restrictions under “
Subpart I—Logs, Lumber, and Other Wood Articles” (§§ 319.40-1 through 319.40-11).
[2] Bark, bark products, and logs from Canada are also subject to restrictions under “ Subpart I—Logs, Lumber, and Other Wood Articles” (§§ 319.40 through 319.40-11 of this part).