United States 

Department of 

Agriculture

Animal and 

Plant Health 

Inspection 

Service

May 2012

Final Regulatory Flexibility Analysis

Final Rule

APHIS-2011-0007

RIN 0579-AD42

Importation of Sand Pear from China

Policy & Program Development

Policy Analysis & Development
i

Summary

This rule will amend the regulations to allow, under certain conditions, the importation 

into the United States of sand pear (Pyrus pyrifolia) from China. This fruit is produced in the 

United States in limited quantities, primarily in Illinois, Virginia, West Virginia, and Maryland. 

Farms producing pears are classified within the North American Industry Classification 

System under Other Noncitrus Fruit Farming. The average 2007 market value of crops sold by

farms classified within the industry Fruit and Tree Nut Farming (which includes Other Noncitrus 

Fruit Farming) was less than $188,000, an amount well below the Small Business 

Administration’s small-entity standard of annual receipts of not more than $750,000. We infer 

that the majority of farms producing pears, including sand pears, are small entities. 

China is expecting to export 24,000 metric tons of sand pear annually to the United 

States. This amount is less than 5 percent of average annual production of all varieties of pear 

produced in the United States. We do not know the quantity or value of sand pear produced in 

the United States, or the quantity or value of sand pear imported from other countries. Nor do 

we know the substitutability of sand pear for other types of pears produced domestically. While 

the United States is a net exporter of pears overall, it is likely that the U.S. supply of sand pear is 

largely imported. Without information on the domestic and foreign quantities supplied and the 

substitutability of sand pear for other pear varieties, we are unable to evaluate potential effects of 

the rule for U.S. producers. 
ii

Table of Contents

Summary.............................................................................................................................. i

Introduction......................................................................................................................... 1

U.S. Pear Production and Trade.......................................................................................... 2

Need for and Objectives of the Rule................................................................................... 5

Significant Issues raised by Public Comment in response to the Initial Regulatory

Flexibility Analysis............................................................................................................. 5

Comments filed by the Small Business Administration in response to the Proposed Rule 5

Potentially Affected Small Entities..................................................................................... 6

Projected Reporting, Recordkeeping, and Other Compliance Requirements..................... 8

Steps taken by APHIS to minimize Significant Economic Impacts on Small Entities ...... 8

References........................................................................................................................... 9
1

Introduction

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. This final regulatory flexibility analysis is provided as required by section 604 of 

the Act.

APHIS received a request from the national plant protection organization of China to 

allow the importation of commercial shipments of the sand pear, Pyrus pyrifolia, from China 

(including from the special administrative regions of Hong Kong and Macau) into the United 

States. A systems approach will be used to mitigate the risks posed by certain plant pests. U.S. 

demand for new fruits such as the sand pear is expanding due to the increasing popularity of 

exotic foods and a growing interest in healthier diets. The sand pear is a good source of iron, 

potassium, vitamin C, and phosphorous.

1

 

The sand pear is produced in the United States in limited quantities, primarily in the 

States of Illinois, Virginia, West Virginia, and Maryland. However, published information on 

the quantity or value of domestic commercial production of the sand pear is not available. China 

expects to export 24,000 metric tons of sand pear to the United States, but we do not know the 

quantity or value of sand pear imported from other countries. Nor do we know the 

substitutability of sand pear for other types of pears produced domestically. Lack of production 

and trade data specific to the sand pear prevents an informed examination of expected market 

effects of the rule. However, as context, we provide information on U.S. pear production and 

trade generally. 

 

1

Pears - Pyrus communis, Pyrus pyrifolia. http://www.fruit-crops.com/pear.html#production
2

U.S. Pear Production and Trade

U.S. pear production levels and farm values for the four seasons, 2006/07 through

2009/10, are shown in table 1. Average annual production for this period was slightly more than 

500,000 metric tons, valued at $283 million. 

Table 1. U.S. utilized pear production and wholesale value, 2006/07-2009/10

 

Sources: Quantities produced as reported in USDA ERS, Fruit and Tree Nuts Outlook, FTS-349, Sept. 30, 

2011, http://www.ers.usda.gov/publications/fts/2011/09Sep/FTS349.pdf; values based on monthly grower 

prices, Fruit and Tree Nuts Situation and Outlook Report, Table B-29,

http://ers.usda.gov/publications/fts/Yearbook10/FTS2010.pdf

Note: Season begins in August.

Data on the quantity of pears produced by each State are not available, but as shown in 

table 2, approximately one-third of these farms in 2007 were located in Washington, Oregon, and 

California. Farms in these three States comprised nearly 90 percent of the total U.S. acreage 

devoted to pear production. 

Table 2. Number of commercial pear farms and acreages, by State, 2007

Number of 

Pear Farms

Percentage 

Share of 

U.S. Farms

Acres in Pear 

Production

Percentage 

Share of U.S. 

Acreage

Washington 1,530 15.5 25,514 37.4

Oregon 888 9.0 18,416 27.0

California 739 7.5 15,859 23.2

Pennsylvania 647 6.5 1,041 1.5

Texas 548 5.5 545 0.8

All Other States 5,526 56.0 6,841 10.0

United States 9,878 100 68,216 100

Source: USDA NASS, 2007 Census of Agriculture, Table 32, Fruits and Nuts.

Season

Utilized 

Production

(metric tons)

Value

(million dollars)

2006/07 454,232 266.7

2007/08 500,726 291.8

2008/09 498,004 297.2

2009/10 547,764 273.7

Average 500,181 283.4
3

 

Trade data solely for pears are not available; pears are grouped with quinces. Table 3

shows the combined quantity of pears (all types) and quinces imported, 2006-2010. The United 

States receives the largest share of these fruits from Argentina – 44 percent of imports in 2010. 

As shown, 8 percent of pear and quince imports in 2010 came from China.

Table 3. Quantity of U.S. pears and quinces imports, 2006-2010, metric tons

Source: U.S. Census Bureau, as reported by Global Trade Information Services, Inc.

Table 4 shows the value of U.S. pear and quince imports, 2006-2010, and the 2010 

composite price. The average value of pear and quince imports over the five years was 

approximately $101 million, with the largest single share of this amount, over $41 million, for 

fruit imported from Argentina.

Source

Quantity Percent 

Share 

2010

2006 2007 2008 2009 2010

World 89,586 107,695 86,217 82,095 62,042 100.0

Argentina 43,693 52,357 37,014 38,460 27,039 44

Chile 25,266 24,598 25,438 18,980 17,226 28

Korea South 7,821 15,057 8,904 10,286 9,671 16

China 8,952 8,841 11,954 11,013 5,252 8

New Zealand 2,806 5,636 2,005 2,490 2,048 3

South Africa 757 866 420 696 591 1

Canada 6 63 212 50 146 0

Japan 286 276 202 118 69 0

Brazil - - 69 - - 0

Mexico - - - 1 - 0
4

Table 4. Value of U.S. pear and quince imports, 2006-2010, million dollars 

Source: U.S. Census Bureau, as reported by Global Trade Information Services, Inc.

In contrast, the quantities of pear and quince exported by the United States totaled about 

152,000 MT in 2010 (more than twice the amount imported), and was valued at $155 million 

(table 5). The majority of exports in 2010 and in previous years were shipped to Canada and 

Mexico.

Table 5. Quantity and value of U.S. pear and quince exports, 2008-2010

Source: U.S. Census Bureau, as reported by Global Trade Information Services, Inc.

Source

Value 2010 Unit 

Value

2006 2007 2008 2009 2010

Percent 

Share

2010

Dollars per 

Metric Ton

World 102.2 125.4 96.8 98.6 83.2 100.00 1,340

Argentina 47.0 54.0 36.2 38.1 32.5 39.04 1,201

Chile 19.7 19.9 21.7 23.4 23.5 28.27 1,365

Korea South 21.5 23.9 22.2 19.0 14.7 17.63 1,516

China 8.3 18.2 12.3 10.1 6.2 7.41 1,174

New Zealand 3.4 7.0 2.6 6.1 4.7 5.62 2,283

South Africa 1.1 1.1 0.8 1.6 1.2 1.41 1,987

Canada 1.4 1.2 0.8 0.5 0.4 0.49 2,803

Japan 0.0 0.0 0.1 0.0 0.1 0.12 1,395

Quantity 2010 Value 2010 Unit 

Value

2008 2009 2010 Percent 

Share 2010

Million 

Dollars

Percent 

Share

Dollars per 

Metric Ton

World 158,802 156,951 152,163 100 155.2 100. 1,020

Canada 39,757 38,922 42,399 28 49.6 32 1,170

Mexico 73,592 60,250 52,154 34 43.1 28 826

Russia 6,602 10,254 11,720 8 12.2 8 1,039

Brazil 7,466 11,039 8,006 5 9.7 6 1,212

All Other 

Countries 31,385 36,486 37,883 25 40.7 26 1,073
5

While the United States is a net exporter of pears overall, it is likely that the U.S. supply

of sand pear is largely imported. Without information on the domestic and foreign quantities 

supplied and the substitutability of sand pear for other pear varieties, we are unable to evaluate 

potential effects of the rule for U.S. producers. 

Need for and Objectives of the Rule

This rule is in response to a request made by the national plant protection organization of 

China for APHIS to amend the regulations to allow for the commercial shipment into the United 

States of the sand pear, Pyrus pyrifolia. A systems approach will be used to mitigate the risks 

posed by certain plant pests.

The objective of the rule is to allow sand pear to be imported into the United States from 

China (including from the special administrative regions of Hong Kong and Macau). This rule is 

part of a continuing program to allow the importation of foreign agricultural products that 

APHIS has determined are without significant risk of introducing pests or diseases into the 

United States.

Significant Issues raised by Public Comment in response to 

the Initial Regulatory Flexibility Analysis

There were no significant issues raised by public comment in response to the initial 

regulatory flexibility analysis.

Comments filed by the Small Business Administration in 

response to the Proposed Rule

There were no comments filed by the Small Business Administration in response to the 

proposed rule.
6

Potentially Affected Small Entities

Farms producing pears are classified within the North American Industry Classification 

System under Other Noncitrus Fruit Farming (NAICS 111339). For this industry classification, 

a business is considered to be a small entity if its annual receipts are not more than $750,000.2 

The average 2007 market value of crops sold by farms classified within Fruit and Tree Nut 

Farming (which includes Other Noncitrus Fruit Farming) was less than $188,000.3 We infer that 

the majority of farms producing pears, both sand pear and other types, are small entities. 

The 2007 Census of Agriculture also contains data on certain sub-categories of fruit and 

tree nut farming operations, namely, small family farms and farms having operators who belong 

to socially disadvantaged groups.4 Small family farms have gross farm cash income of less than 

$250,000. Categories of socially disadvantaged groups are women, persons of Hispanic origin,

American Indian or Alaska Native, Asian, African American, and Native Hawaiian or other

Pacific. 

As shown in table 6, 84 percent of fruit and tree nut farms in 2007 were small family

farms. We note that residential/lifestyle farms comprised 40 percent of small family fruit and 

tree nut farms. For about 30 percent of the small family fruit and tree nut farms, the operators 

reported that they were retired. 

 

2 U.S. Small Business Administration, Table of Small Business Size Standards. 

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

3

2007 Census of Agriculture, Table 62. Selected Characteristics of Farms by North American Industry 

Classification System: 2007, http://www.agcensus.usda.gov/Publications/2007/Full_Report/usv1.pdf

4

For definitions and information, see: USDA ERS. Structure and Finances of U.S. Farms: Family Farm Report, 

2010 edition, EIB-66, July 2010. http://www.ers.usda.gov/Publications/EIB66/EIB66.pdf
7

Table 6. Percentage of fruit and tree nut farms that are small family farms, 2007

Limited 

Resource 

Farms

Small Family Farms

Limited 

Resource 

Farms plus 

Small 

Family 

Farms All Farms

Retirement 

Farms

Residential/

lifestyle 

Farms

Farming 

occupation/ 

Lower Sales

Farming 

occupation/ 

Higher Sales

Number of 

fruit and 

tree nut 

farming 

farms

10,705 24,019 33,212 11,034 3,527 82,497 98,281

Percentage

of small 

family 

farms

13 29 40 13 4 100 n/a

Percentage 

of total 

farms

11 24 34 11 4 84 100

Source: USDA NASS, 2007 Census of Agriculture.

Note: A limited resource farm is a small family farm that has gross sales of less than $100,000 (indexed after 2003), 

and a household income less than the poverty level for a family of four with two children or less than half the county 

median income. A retirement farm is a small family farm whose operators report they are retired (excludes limited

resource farms operated by retired farmers). A residential/lifestyle farm is a small family farm whose operators 

report a major occupation other than farming (excludes limited resource farms whose operators report a major 

occupation other than farming). A farming occupation/lower-sales farm is a small family farm with sales less than 

$100,000 whose operators report farming as their major occupation (excludes limited resource farms whose 

operators report farming as their major occupation). A farming occupation/higher-sales farm is a small family farm

with sales between $100,000 and $249,000 whose operators report farming as their major occupation. 

Table 7 shows the number and percentage of fruit and tree nut farms that had operators 

belonging to socially disadvantaged groups in 2007. Fourteen percent of fruit and tree nut farms 

had a woman as the principal operator. Sixteen percent of fruit and tree nut farms had one or 

more operators who belonged to a racially or ethnically disadvantaged group. Fifty-seven 

percent of the farms having one or more operators who belonged to a racially or ethnically

disadvantaged group had an operator who was of Spanish, Hispanic, or Latin origin.
8

Table 7. Percentage of fruit and tree nut farms for which one or more operators belong to a 

socially disadvantaged group, 2007

Farms 

where the 

principal 

operator is 

female

Farms 

where an 

operator is 

of 

Spanish, 

Hispanic, 

or Latino 

origin

Farms where 

an operator 

reports race as 

American 

Indian or 

Alaska Native

Farms 

where an 

operator 

reports race 

as Asian

Farms 

where an 

operator 

reports 

race as 

Black or 

African 

American

Farms 

where an 

operator 

reports race 

as Native 

Hawaiian 

or Other 

Pacific 

Islander

All Farms

with one or 

more 

operators 

belonging to a 

racially or 

ethnically

disadvantaged 

group

All Farms

Number of 

farms with 

fruit and 

tree nut 

farming

13,876 8,871 1,304 4,163 836 335 15,509 98,281

Percentage

of special 

operators

89 57 8 27 5 2 100 n/a

Percentage 

of total 

farms

14 9 1 4 <1 <1 16 100

Source: USDA NASS, 2007 Census of Agriculture.

Projected Reporting, Recordkeeping, and Other Compliance 

Requirements

Reporting and recordkeeping requirements associated with the rule are discussed in the 

rule under the heading "Paperwork Reduction Act." There will be no compliance costs specific 

to this rule for U.S. small entities.

Steps taken by APHIS to minimize Significant Economic 

Impacts on Small Entities

We have insufficient information for evaluating the expected effects of this rule for small 

entities. In the absence of evidence of possible significant economic impacts, we have not 

identified alternatives that would minimize such impacts. 
9

References

Census of Agriculture, 2007, 

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

Pears - Pyrus communis, Pyrus pyrifolia. (2004). Retrieved from http://www.fruitcrops.com/pear.html#production

U.S. Census Bureau, as reported by Global Trade Information Services, Inc.,

http://www.gtis.com/gta/default.cfm

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