United States 

Department of 

Agriculture

Animal and 

Plant Health 

Inspection 

Service

October 2010

Analysis in Support of Certification that the 

Rule will not have a Significant Economic 

Impact on a Substantial Number of Small 

Entities

Proposed Rule

APHIS-2010-0024

RIN 0579-AD38

Importation of Fresh Fig and Pomegranate

Fruit from Chile into the Continental United 

States

Policy & Program Development

Policy Analysis & Development
i

Summary

This proposed rule would further allow the importation of fresh fig and pomegranate fruit 

from Chile using a system approach. Entities potentially affected by the proposed rule are fig and 

pomegranate fruit growers. They are classified within the industry, Other Non-citrus Fruit 

Farming, for which the Small Business Administration small-entity standard is annual sales of

not more than $750,000. Annual receipts for this industry averaged about $112,000 in 2007, 

well below the small-entity standard.

While most U.S. fig and pomegranate operations are small, they are not expected to be 

significantly affected by the proposed rule. For both fruits, relatively small quantities are 

expected to be imported from Chile during the U.S. off-season: less than 1 percent and less than 

4 percent of U.S. consumption of figs and pomegranates in recent years, respectively. The 

counter-seasonality of the imports from Chile will preclude negative price impacts for U.S. 

producers and may help accelerate the general demand for these fruits as consumers further 

develop the taste for these fruits, thereby benefiting domestic producers also over time.

Under these circumstances, the Administrator of the Animal and Plant Health Inspection 

Service has determined that this action, if promulgated, will not have a significant economic 

impact on a substantial number of small entities. 

 
ii

Introduction

Currently, fresh fig and pomegranate fruit are approved for importation from Chile into 

the continental United States under the use of specific designated phytosanitary measures. This 

proposed rule would further allow the importation of fresh fig and pomegranate fruit from Chile 

using a systems approach. The importation of figs and pomegranates from Chile would benefit 

U.S. consumers and could potentially benefit U.S. producers as well.

Figs are native to southwest Asia and the Mediterranean region, where the climate is 

warm and dry. The popularity of fresh figs is steadily growing due to the health benefits of the 

fruit. Some of the health benefits include fiber, copper, manganese, magnesium, potassium, 

calcium, and vitamin K. Pomegranates have also become increasingly popular in recent years, 

mainly due to research on their health benefits. Pomegranate juice has three times the amount of 

antioxidants as green tea or red wine; antioxidants are health beneficial because they are 

nutrients in our food that reduce the effect of dangerous oxidants (Wohlfarter et al. 2010). The 

number of food and drink products containing pomegranate increased seven-fold between 1995 

(258 products) and 2009 (1800 products) (Gloor 2009). Due to the recognized health benefits, 

U.S. demand for and production of figs and pomegranates are expected to continue to increase.

The Regulatory Flexibility Act requires agencies to evaluate the potential effects of their 

proposed and final rules on small businesses, small organizations and small governmental 

jurisdictions. Section 603 of the Act requires an agency to prepare an initial regulatory 

flexibility analysis (IRFA) that describes the expected impact of the rule on small entities. In 

place of the IRFA, the head of an agency may certify that a rule will not have a significant 
2

economic impact on a substantial number of small entities. This analysis provides the factual 

basis for certification of this rule.

U.S. Fig Production and Trade

Quantities of figs produced, imported, and exported by the United States in recent years 

are shown in table 1. Over the five-year period, 2004-2008, production in California averaged 

about 41,900 metric tons (MT). It is estimated that California produces about 90 percent of the 

Nation’s figs. Net imports (imports minus exports) over this period averaged about 1,000 MT 

(less than 3 percent of production), but ranged widely, from about 330 MT in 2004, to about 

2,130 MT in 2007. In 2009, the United States exported more figs than were imported. Over the 

five years, 2004-2008, domestic supply averaged 42,900 MT. 

Table 1. U.S. fig production, 2004-2008, and imports and exports, 2004-2009, metric 

tons

Year Production 1 Imports Exports Domestic 

Supply 3

2004 46,357 3,957 3,630 46,684

2005 44,452 6,142 4,640 45,954

2006 38,828 5,261 4,859 39,230

2007 43,363 5,018 2,890 45,491

2008 36,287 4,867 4,057 37,097

2009 2 4,655 5,330 --

Sources: For production, USDA, NASS, Noncitrus Fruits and Nuts Summary, various issues, as reported 

the Economic Research Service, http://www.ers.usda.gov/Publications/FTS/Yearbook09/FTS2009.pdf. For 

imports and exports: U.S. Census Bureau, as reported in the Global Trade Atlas, HS 080420, Figs, fresh or 

dried. 

1 Quantities produced are for California, include fresh and processed, and are converted from short tons.

2 2008 is the most recent year for which there is published information on fig production.

3 Production plus imports minus exports. 

Turkey provided 70 percent of U.S. fig imports in 2009, followed by Greece and Spain, 

with 13 and 8 percent, respectively. The value of U.S. fig imports in 2009 totaled $10.6 million. 

Forty percent of U.S. fig exports were to Canada, and 36 percent were to Mexico. Other 
3

destinations included Hong Kong, Japan, and the United Kingdom. The value of U.S. fig exports 

in 2009 was $17.5 million.

U.S. Pomegranate Production and Trade

The United States is one of the top five producers of pomegranates worldwide. 

According to the National Agricultural Statistics Service (NASS), there were 369 pomegranate 

farms with 9,535 planted acres in 2002; in 2007, there were 599 farms with 24,517 acres (table 

2). Of the 24,517 total planted acres, 50.6 percent (12,415 acres) were of nonbearing age. Of the 

599 farms, 48.6 percent (291 farms) had orchards of nonbearing age. California accounted for 

over 99 percent of the total pomegranate acreage in 2007, with 24,458 acres.

Pomegranate trees begin producing fruit three years after planting and full yields are 

typically realized during the sixth year (UC Cooperative Extension 2010). The number of 

planted acres of commercial pomegranates in 2009 was approximately 29,000 acres. In two to 

three years, the number of bearing acres will increase greatly. 

Table 2. Number of U.S. pomegranate farms and acres, 2002 and 2007

Total Bearing age acres Nonbearing age acres

Farms Acres Farms Acres Farms Acres

2002

 

369 

 

9,535 

 

312 

 

4,044 

 

109 

 

5,491 

2007

 

599 

 

24,517 

 

432 

 

12,103 

 

291 

 

12,415 

Source: Census of Agriculture, National Agricultural Statistics Service, USDA.

U.S. pomegranate production is not reported separately by the California Department of 

Food and Agriculture and USDA, but rather is combined with other fruits under “miscellaneous 

fruit production.” However, yield estimates have been developed by the University of California 

Cooperative Extension (table 3). Using the NASS data for 2007 (assuming that all 24,517 acres
4

are now of bearing age) and an average yield of about 3.7 MT per acre, U.S. production is 

estimated to be around 90,700 MT per year and growing. Approximately 75 percent of the U.S. 

pomegranate crop is sold domestically, while the remaining 25 percent is exported to Japan, 

Taiwan, Hong Kong, Australia, Singapore, Mexico, and certain Middle Eastern countries 

(Pomegranate Council 2007). After adjusting for exports, U.S. domestic supply is estimated to 

be around 68,000 MT. 

Table 3. Estimated Average Pomegranate Yields, 

2004 – 2008

Year Boxes per Acre MT per Acre

2004 333 4.23

2005 300 3.81

2006 234 2.98

2007 286 3.64

2008 296 3.76

Fiveyear average

290 3.68

Source: 2010 Pomegranate Costs and Returns, UC Cooperative Extension.

Note: Pomegranate yields are measured in boxes per acre. Boxes weigh 28 lbs. 

Converted from short tons.

Impact on Small Entities

Entities potentially affected by the proposed rule are fig and pomegranate fruit growers. 

They are classified within the industry, Other Non-citrus Fruit Farming (NAICS 111339). 

Establishments in this industry are considered small by the Small Business Administration 

(SBA) standard if annual sales are not more than $750,000.

It is reasonable to assume that most if not all U.S. growers of figs and pomegranates are 

small entities, based on composite industry data. In 2007, there were 23,641 farms in the Other 

Non-citrus Fruit Farming category. Their production had a total market value of about $2.6 

billion. Thus, annual receipts for this industry averaged $111,700, well below the SBA’s smallentity standard.
5

In 2009, Chile exported about 134 MT of fresh figs worldwide, including exports to the 

United States. According to the pest risk assessment conducted for this rule, Chile is projecting 

to export 10 40-foot shipping containers of fresh figs to the United States. It is estimated that a 

shipping container can hold up to 26 MT of fresh figs; we assume an import level of 260 MT. 

This quantity is equal to about 0.6 percent of the U.S. fig supply, based on the average U.S. 

domestic supply for the years 2004-2008 (42,900 MT). 

The quantity of fresh pomegranates that would be imported from Chile is estimated to be 

between 10 and 100 40-foot shipping containers. As with figs, a typical 40-foot container can 

transport 26 MT of pomegranates, so the total quantity that would be imported from Chile is 

expected to range from 260 to 2,600 MT per year. If 2,600 MT of fresh pomegranates were

imported, this amount would be equivalent to less than four percent of the estimated U.S. 

production that is consumed domestically (68,000 MT).

Although these percentages are small, the increase in supply of figs and pomegranates

could contribute to a slight price decline for U.S. producers, if the fruit were imported during the 

same months that domestically produced figs and pomegranates are sold. However, the Chilean

fruits would be imported during the U.S. off-season.

Pomegranates grown in the United States, for example, are harvested between the months 

of August and October (UC Cooperative Extension 2010). After harvest, fresh pomegranates 

can be stored for up to three months in cold storage making them commercially available from 

October through December. Chile plans to export pomegranates to the continental United States 

during winter months in the Northern Hemisphere. Due to this counter seasonality, fresh 

pomegranates from Chile would provide consumers with increased availability of the fruit but 

not directly compete with U.S. production. Similarly, figs would be imported from Chile during 
6

the U.S. off-season, which are the months of December through April; the U.S. production 

months for figs are primarily the warm, hot months of summer. For both fruits but especially for 

pomegranates, given its rapidly expanding market, the off-season fruit imports from Chile may 

help accelerate demand generally by further developing consumer taste, thereby benefiting U.S. 

producers also over time.

Under these circumstances, the Administrator of the Animal and Plant Health Inspection 

Service has determined that this action, if promulgated, will not have a significant economic 

impact on a substantial number of small entities. 
7

References

California Pomegranates. California Pomegranate Council, 2007. 

http://www.pomegranates.org/home.shtml.

Census of Agriculture, 2007 

http://www.agcensus.usda.gov/Publications/2007/Full_Report/index.asp.

Day, Ken R., Karen M. Klonsky, and Richard L. De Moura. Sample Costs to Establish and 

Produce Pomegranates. San Joaquin Valley, 2010. University of California Cooperative 

Extension.

Global Trade Atlas, http://www.gtis.com/gta/default.cfm

Gloor, Sue. “The Politics of the Pomegranate.” Bard Politik (2009). Bard Globalization and 

International Affairs. Bard College, 2009. http://bgia.bard.edu/articles.php?cid=5&id=2.

U.S. Small Business Administration. U.S. Small Business Administration: Table of Small 

Business Size Standards Match to North American Industry Classification System 

http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf

USDA Economic Research Service: U.S. Fig: Production, 1990-2007, 

http://usda.mannlib.cornell.edu/usda/ers/FTS-yearbook//2000s/2008/FTS-yearbook-10-30-

2008.pdf

Wohlfarter, M., Giliomee, J.H. & Venter, E. 2010. A Survey of the arthropod pests associated 

with commercial pomegranates, Punica granatum (Lythraceae), in South Africa. African 

Entomology 18(1): 192-199.