[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Rules and Regulations]
[Pages 14202-14209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6370]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 94-036-2]


Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are allowing a number of previously prohibited fruits and 
vegetables to be imported into the United States from certain parts of 
the world. All of the fruits and vegetables, as a condition of entry, 
will be subject to inspection, disinfection, or both, at the port of 
first arrival as may be required by a U.S. Department of Agriculture 
inspector. In addition, some of the fruits and vegetables will be 
required to undergo prescribed treatments for fruit flies or other 
injurious insects as a condition of entry, or to meet other special 
conditions. This action will provide the United States with additional 
kinds and sources of fruits and vegetables while continuing to provide 
protection against the introduction and dissemination of injurious 
plant pests by imported fruits and vegetables.

EFFECTIVE DATE: March 16, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Frank E. Cooper or Mr. Peter 
Grosser, Senior Operations Officers, Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Port Operations, 4700 River 
Road Unit 139, Riverdale, Maryland 20737-1228; (301) 734-8645.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR 319.56 through 319.56-8 (referred to below 
as the regulations) prohibit or restrict the importation of fruits and 
vegetables into the United States from certain parts of the world to 
prevent the introduction and dissemination of injurious insects that 
are new to or not widely distributed within and throughout the United 
States.
    On October 25, 1994, we published in the Federal Register (59 FR 
53606-53612, Docket No. 94-036-1) a proposal to amend the regulations 
by allowing additional fruits and vegetables to be imported into the 
United States from certain parts of the world under specified 
conditions. The importation of these fruits and vegetables had been 
prohibited because of the risk that the [[Page 14203]] fruits and 
vegetables could introduce injurious insects into the United States. We 
proposed to allow these importations at the request of various 
importers and foreign ministries of agriculture, and after conducting 
pest risk analyses that indicated that the fruits or vegetables could 
be imported under certain conditions without significant pest risk.
    We solicited comments concerning our proposal for 30 days ending 
November 25, 1994. We received nine comments by that date. They were 
from industry representatives and growers, State departments of 
agriculture, an academic institution, a foreign department of 
agriculture, and a foreign ambassador. One comment supported the 
proposal as written. One commenter was concerned about being able to 
move fruits and vegetables from Puerto Rico into other parts of the 
United States. The remainder of the commenters opposed the rule for 
specific fruits or vegetables. We carefully considered all of the 
comments we received. They are discussed below by topic.

Carambola From Taiwan

    We proposed to amend Sec. 319.56-2x to allow the importation of 
carambola from Taiwan. We specified that carambola would undergo cold 
treatment for the Oriental fruit fly (Bactrocera dorsalis) in 
accordance with the Plant Protection and Quarantine (PPQ) Treatment 
Manual, which has been incorporated by reference into the Code of 
Federal Regulations at 7 CFR 300.1. In accordance with Sec. 319.56-6 of 
the regulations, carambola would be subject to inspection, 
disinfection, or both at the port of first arrival. As discussed in the 
proposal, the pest risk assessment conducted by the Animal and Plant 
Health Inspection Service (APHIS) determined that any injurious plant 
pests that might be carried by carambola would be readily detectable by 
an inspector.
    Several commenters expressed concerns about the economic analysis 
in the Initial Regulatory Flexibility Analysis. These comments are 
addressed in the Final Regulatory Flexibility Analysis.
    One commenter was concerned about U.S. producers' ability to export 
carambola to the Taiwanese market. Our proposal and decision to allow 
importation of carambola from Taiwan, as well as other fruits and 
vegetables, are based solely on whether these importations can be made 
without significant risk of pest introduction. We have no authority to 
limit importations based on the presence or absence of reciprocal 
arrangements. Therefore, we have made no change based on this comment.
    Two commenters expressed concern that Taiwanese producers use 
pesticides which are illegal in the United States. The Food and Drug 
Administration takes samples of imported commodities to determine 
whether illegal pesticides are present, and seizes shipments that do 
not meet its standards. Therefore, we have made no change based on this 
comment.
    One commenter stated that there was no mention of the certification 
procedures to ensure fruits are treated properly and not infested with 
the Oriental fruit fly, Bactrocera dorsalis. We ensure the fruits are 
treated properly by verifying the results of treatment in accordance 
with the PPQ Treatment Manual. Cold treatments, as required for 
carambola from Taiwan, may be conducted either in the country of origin 
or in the United States, under an inspector's supervision. Treatments 
may also be conducted on board vessels en route to the United States. 
In this case, a sealed temperature recording device is read by an 
inspector upon the fruit's arrival in the United States, and the fruit 
is released from treatment only if the temperature record indicates the 
required cold treatment has been successfully completed.
    Several commenters stated concerns about the fruit piercing moth 
(Othreis spp.) and fruit borer (Eucosma notanthes), which attack 
carambola. They questioned whether cold or other treatments would kill 
these pests and raised concerns about the effectiveness of the 
Taiwanese practice of covering the fruit with pesticide impregnated 
bags to manage these pests. One commenter felt that there was no way to 
ensure that all fruit imported into the United States had been bagged 
in the field. Another commenter felt that there was no guarantee that 
shipments of carambola from Taiwan would be free of larvae or eggs of 
the Eucosma or that the young larvae in the fruit would have caused 
sufficient damage for an inspector to detect. Commenters expressed 
concerns that these pests, if introduced into the United States, could 
feed on related fruits and become a significant problem for carambola 
and other crops in Florida.
    The fruit borer, Eucosma notanthes, is recognized as a pest of 
carambola. However, routine cultural practices for carambola production 
in Taiwan, such as the bagging of fruit, provide deterrents against the 
carambola becoming infested with these pests. In addition, the 
following pest management activities are carried out to reduce the risk 
posed by this insect: Pesticides are applied weekly, from the end of 
the bloom season until the fruit measures 5 cm in length. Infestation 
in young fruit results in premature fruit drop. The dropped fruit is 
collected and destroyed, reducing pest pressure and risk. Fruits are 
then bagged to prevent adult moths from laying eggs on the growing 
fruit. APHIS representatives will schedule periodic visits to carambola 
production areas in Taiwan to monitor these procedures. If an adult 
moth circumvents the bagging and lays eggs on more mature fruits, the 
action of the larvae boring into the fruit extrudes frass from the hole 
as well as exudate from the fruit. These obvious symptoms enhance our 
confidence in our being able to visually detect any fruit that may be 
infested.
    Bagging fruits to prevent insects from laying their eggs on or in 
the fruit, and subsequent larval forms boring into the fruit, has 
proven successful with similar pests and imports of sand pears from 
Japan and the Republic of Korea. The bagging will also exclude other 
moths, including Othreis spp.
    We consider the measures taken in the exporting country, coupled 
with the safeguards required by the regulations, including inspection 
and cold treatment, to be adequate to prevent the introduction of 
injurious plant pests into the United States by carambola from Taiwan. 
Therefore, we are not making any changes based on these comments.

Onion Bulbs From Indonesia

    We proposed to amend Sec. 319.56-2t to allow the importation of 
onion bulbs, Allium cepa, from Indonesia. One commenter stated that 
onion bulbs from Indonesia should not be allowed entry with the tops 
due to the risk of introduction of the listed leafminer and noctuids. 
We are making no change based on this comment, because, as indicated in 
the proposal, only bulbs of the onion will be allowed. Bulbs with tops 
will be refused entry.

Jicama From Tonga

    We proposed to amend Sec. 319.56-2t to allow the importation of 
Jicama, Pachyrhizus tuberous, from Tonga. One commenter felt that 
jicama from Tonga should not be admitted until the nematodes mentioned 
in the pest risk assessment are identified and their impact evaluated. 
We are making no change based on this comment. The pest risk assessment 
reported on two root-knot nematodes on this host. As the name implies, 
attacks by species within this genus result in a root-knot forming on 
the host material. In general, these are predictable visible symptoms 
that [[Page 14204]] inspectors are trained to look for, and APHIS 
inspects jicama for these nematodes. If these nematodes are detected at 
the time of importation, the jicama will be rejected.

Currant and Gooseberry, From Argentina and Australia

    We proposed to amend Sec. 319.56-2t to allow the importation of 
currant and gooseberry, Ribes spp., from Argentina and Australia. One 
commenter felt that Ribes spp. fruits could harbor the mites that 
vector the reversion disease, even though the fruit would not carry the 
pathogen for the disease. The commenter recommended that surface 
treatment should be required to allow entry for these fruits. We are 
making no change based on this comment. The reversion disease is not 
known to occur in Argentina or Australia. Therefore, we believe there 
is no risk of mites serving as vectors.

White Asparagus From Austria

    We proposed to amend Sec. 319.56-2t to allow the importation of 
white asparagus, Asparagus officinalis, from Austria. As specified in 
the proposal, the only plant part eligible for importation is the 
shoot, with no visible green on the shoot. One commenter suggested that 
white asparagus from Austria should be harvested before shoot emergence 
and washed to eliminate soil. We are making no changes based on this 
comment. If the asparagus is harvested after shoot emergence, it will 
not be white, and, therefore, will not be enterable. We will reject all 
shipments that are not white. In accordance with 7 CFR 330.300, soil 
contamination is a reason for rejecting shipments of all agricultural 
products from nearly all countries. Therefore, the asparagus shoots 
must be completely white and free of soil when presented for inspection 
and entry.

Sage From Belize

    We proposed to amend Sec. 319.56-2t to allow the importation of 
sage, Salvia, from Belize. In accordance with Sec. 319.56-6 of the 
regulations, sage would be subject to inspection, disinfection, or both 
at the port of first arrival. As discussed in the proposal, the pest 
risk assessment conducted by APHIS determined that sage from Belize is 
not attacked by fruit flies or other injurious plant pests. In 
addition, any other injurious plant pests that might be carried by sage 
from Belize would be readily detectable by an inspector.
    One commenter was concerned about the rust pathogens in Central 
America. The commenter questioned the status of rust pathogens in 
Belize. We have no evidence that any of these rust pathogens occur in 
Belize. In addition, our experience with Salvia imports from countries 
where these rust pathogens occur has not demonstrated that imported 
Salvia serves as a pathway.

Blueberry From Argentina

    We proposed to amend Sec. 319.56-2t to allow the importation of 
blueberry, Vaccinium spp., from Argentina. We specified that 
blueberries will undergo cold treatment for the Mediterranean fruit fly 
(Ceratitis capitata) in accordance with the PPQ Treatment Manual.
    One commenter suggested that fumigation schedules for Vaccinium 
spp. fruit from Argentina should target Anastrepha spp., which has been 
intercepted on Vaccinium spp. in Mexico. We are making no changes based 
on this comment. Although it is true that a fruit fly of an Anastrepha 
sp. was found in blueberry fruit, the fruit was carried by an airline 
passenger and is the only record we have of an interception of this 
species in blueberry fruit. This information was weighed against the 
larger body of information of repeated commercial importation without 
any evidence of Anastrepha infestation. We believe the interception 
represented an aberration or incidental report from a possible over-
ripe or damaged fruit.

Kiwi From the Republic of Korea

    We proposed to amend Sec. 319.56-2t to allow the importation of 
kiwi, Actinidia deliciosa, from the Republic of Korea. One commenter 
was concerned by the lack of reciprocal commitment from the Republic of 
Korea to treat California kiwifruit exported to the Republic of Korea 
fairly in the context of phytosanitary and food issues.
    Our proposal and decision to allow importation of kiwi from the 
Republic of Korea, as well as other fruits and vegetables, are based 
solely on whether these importations can be made without significant 
risk of pest introduction. We have no authority to limit importations 
based on the presence or absence of reciprocal arrangements.

Inspection Upon Arrival

    One commenter questioned the ability of inspectors to adequately 
inspect the increasing number of commodities that arrive in the United 
States. Inspection at the port of first arrival is only one aspect of 
our approach to plant pest exclusion, and is never the sole means of 
plant pest exclusion for any commodity. Before a fruit or vegetable is 
approved for importation into the United States, a plant pest risk 
assessment is conducted for the commodity. If a plant pest risk is 
found to be associated with a commodity proposed for importation, APHIS 
then determines what, if any, measures can be taken to reduce the risk 
to a level that would allow the commodity to be safely imported into 
the United States. For example, in certain cases our regulations impose 
restrictions such as specific growing and shipping requirements or 
inspection in the country of origin, or treatment. As a final 
precaution, all fruits and vegetables are subject to inspection at the 
port of first arrival. Inspectors are aware of potential pest risks 
associated with a particular commodity and conduct their inspections 
accordingly. We consider the measures taken in the exporting countries, 
coupled with the safeguards required by the regulations, including 
inspection, to be adequate to prevent the introduction of injurious 
plant pests into the United States.

General

    One commenter stated that pest risk assessments consist only of a 
cursory look at the interception histories of commodities which are 
currently prohibited and do not adequately investigate pest problems 
associated with the commodities in their countries of origin. We do 
investigate pest problems associated with commodities in their 
countries of origin during our pest risk assessments. Our current 
method of performing pest risk assessments is to do an exhaustive 
search of literature and review our historical plant pest database and 
interception information. When available, we also use information from 
other sources, and occasionally conduct on-site investigations in 
proposed export areas. The pest risk assessments are largely dependent 
upon literature on plant pest problems in countries of origin. This 
literature is primarily investigative findings published by scientific 
communities. Our experience has shown that if a pest causes damage to 
an economic crop, the scientific community investigates the pest's 
biology and extent of pest damage in prescribing remedial actions.
    One commenter felt that commodities that can be planted or 
otherwise propagated, such as onion and shallot bulbs, cornsalad, and 
jicama, should be evaluated by stricter criteria. We are making no 
change based on this comment. We have long recognized that some 
products imported for consumption are capable of being propagated and 
that individuals, occasionally out of curiosity, may plant them. While 
we do not believe that the extent of the practice makes it a 
[[Page 14205]] significant pest risk, we have, in the past, explored 
three ways of preventing the practice: (1) Prohibit the importation of 
all commodities that could potentially be propagated; (2) treat all 
commodities capable of propagation with sprout inhibitor; or (3) 
devitalize the products prior to export. We believe that the first 
option, prohibition, should be applied only to products that present 
pest risks that cannot be mitigated in other ways. We have experimented 
with the second option, using sprout inhibitors, but they do not offer 
sufficient quarantine security for high-risk products and are not 
registered for most products. The third option, devitalization, in most 
cases renders a product unacceptable for the fresh fruit and vegetable 
market.
    Countries are becoming more and more sophisticated in their 
production and phytosanitary practices, so the quality of fruits and 
vegetables in general is increasing. Products are graded and inspected 
during packing and prior to export, and the products are inspected 
again upon arrival in the United States. All of this reduces the 
likelihood of a pest entering the United States. If, once a commodity 
has been imported into the United States, a person chooses to try to 
propagate that commodity, the person would likely choose the 
healthiest-looking material, thus further reducing the probability that 
a plant pest would be spread. The limited degree of risk that remains 
must be accepted if free trade is to be maintained.

Puerto Rico

    One commenter felt that the proposal should not be approved since 
it would provide foreign countries importation rights and benefits 
which are currently being denied to other States and Territories. The 
commenter requested that we review and, if necessary, revise many of 
our regulations covering Puerto Rico to increase the number and kinds 
of fruits and vegetables moving into other parts of the United States 
from Puerto Rico. We will consider specific requests from Puerto Rico 
to allow the movement of specific fruits and vegetables to other parts 
of the United States. Once a request is received, we will perform a 
pest risk assessment to determine if there is significant risk of 
introducing injurious plant pests into other parts of the United 
States. After determining that the fruits or vegetables could be moved 
under certain conditions without significant pest risk, we would 
publish a proposed rule in the Federal Register to allow the movement 
of those fruits or vegetables into other parts of the United States.

Miscellaneous

    We have made minor, editorial changes by removing the references to 
``South Korea'' and by replacing them with ``the Republic of Korea,'' 
the official name for that country.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule, with the change noted above.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. Immediate 
implementation of this rule is necessary to provide relief to those 
persons who are adversely affected by restrictions we no longer find 
warranted. Therefore, the Administrator of the Animal and Plant Health 
Inspection Service has determined that this rule should be effective 
upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    In accordance with 5 U.S.C. 601 et seq., we have performed a Final 
Regulatory Flexibility Analysis, set forth below, regarding the 
economic impact of this rule on small entities.
    Under the Plant Quarantine Act and the Federal Plant Pest Act (7 
U.S.C. 150dd, 150ee, 150ff, 151-167), the Secretary of Agriculture is 
authorized to regulate the importation of fruits and vegetables to 
prevent the introduction of injurious plant pests.
    This final rule amends the regulations governing the importation of 
fruits and vegetables by allowing a number of previously prohibited 
fruits and vegetables to be imported into the United States from 
certain foreign countries and localities under specified conditions. 
The importation of these fruits and vegetables has been prohibited 
because of the risk that they could introduce injurious plant pests 
into the United States. This rule revises the status of certain 
commodities from certain countries and localities, allowing their 
importation into the United States for the first time.
    These revisions are based on pest risk assessments that were 
conducted by APHIS at the request of various importers and foreign 
ministries of agriculture. The pest risk assessments indicate that the 
fruits or vegetables listed in this rule, under certain conditions, may 
be imported into the United States without significant pest risk. All 
of the fruits and vegetables, as a condition of entry, will be subject 
to inspection, disinfection, or both, at the port of first arrival as 
may be required by an inspector. In addition, some of the fruits and 
vegetables will be required to undergo mandatory treatment for fruit 
flies or other injurious insects as a condition of entry, or to meet 
other special conditions. This action will provide the United States 
with additional kinds and sources of fruits and vegetables while 
continuing to provide protection against the introduction into the 
United States of injurious plant pests by imported fruits and 
vegetables.

Apples

    This rule allows apples to be imported into the United States from 
Spain under certain conditions. Spain's production of apples in 1993 
was approximately 821,000 metric tons (mt). Spain's export level over 
the past 5 years has averaged 20,000 mt. In the unlikely event that 
Spain's apple exports were fully diverted to the United States, they 
would represent about 0.4 percent of U.S. production, an amount that 
would not significantly affect the U.S. market. Moreover, there would 
not be any off-season advantages, since Spain's main production season, 
June through September, inclusive, is the same as for U.S. apple 
producers.
    In addition, the United States is a net exporter of apples. Total 
U.S. utilized production of apples in 1993 was 4,760,682 mt (fresh 
equivalent). (Utilized production of apples refers to the amount of 
apples sold plus the quantities of apples used on farms where grown and 
quantities of apples held in storage, thus those apples actually used 
in some way.) Imports of fresh apples in 1992 totaled 120,412 mt, or 
2.5 percent of domestic utilized production that year, whereas exports 
totaled 507,614 mt, or 10.7 percent. Given this trade flow, the U.S. 
market for apples is not expected to exhibit the excess demand in the 
near future that could encourage increased foreign supply. The main 
commercial varieties grown in Spain (Golden Delicious, 50 percent; 
Granny Smith, 30 percent) are common varieties in the United States, 
and their export, therefore, would not satisfy any special market 
demand.

Asparagus (White)

    This rule allows white asparagus to be imported into the United 
States from [[Page 14206]] Austria under certain conditions. Total U.S. 
asparagus production in 1993 was 2,204,000 hundredweight (cwt), or 
99,973 mt. Austria's current production of asparagus is around 400 mt, 
95 percent of which is white asparagus.
    APHIS expects that annual exports to the United States may reach 
between 1 and 2 tons. This quantity represents less than 0.002 percent 
of U.S. production, and therefore will not affect prices received by 
U.S. growers.

Blueberries

    This rule allows blueberries to be imported into the United States 
from Argentina under certain conditions. Total U.S. blueberry 
production in 1993 was 170,397,000 pounds, or 77,292 mt. About 40 
percent was produced for the fresh fruit market, and about 60 percent 
was processed. APHIS estimates Argentina's current production of 
blueberries to be 40 mt per year, and we expect that figure to expand 
to 200 mt by 1997-98. At present, all blueberry exports from Argentina 
(80 percent of production) are sent to Europe. If approved for entry 
into the United States, we expect that 19.2 mt or 60 percent of 
blueberry exports from Argentina will be directed to U.S. ports. This 
quantity represents less than 0.03 percent of U.S. production, and 
therefore will not noticeably affect prices received by U.S. growers.

Carambola

    This rule allows carambola to be imported into the United States 
from Taiwan under certain conditions. Ninety percent of domestic 
production of carambola takes place in southern Florida, where 60 to 90 
growers cultivate a total of about 400 acres. Most of the producers are 
considered small entities, according to the Small Business 
Administration definition of annual gross receipts of $500,000 or less. 
U.S. production of carambola in 1994 reached between 5 and 6 million 
pounds, a quantity expected to gradually increase as consumer 
familiarity with carambola grows. At present, carambola is unknown to 
most U.S. consumers, and the industry faces the challenges of creating 
broader market appeal for this fruit.
    Besides Florida, a relatively small amount of carambola is produced 
in Hawaii (58,400 pounds in 1992). A regulatory change last year now 
allows carambola grown in Hawaii to be marketed on the mainland. The 
initial volume to be shipped this year is estimated at 1,500 to 3,000 
pounds.
    Taiwan is reportedly the world's largest producer of carambola. In 
1992, 35,738 mt (78.8 million pounds) were produced, about 12 times 
that of the United States. However, less than 10 mt (0.03 percent) of 
Taiwan's production is exported annually, mainly to Hong Kong and 
Canada. As an initial trial shipment, about 1 mt is expected to be 
exported to the United States per year.
    California is a large and growing domestic market for carambola and 
the likely destination of carambola from Taiwan. It receives from 40 to 
50 percent of Florida's carambola crop. California requires that 
carambola from Florida be cold treated, and APHIS requires cold 
treatment for shipments from Hawaii to the mainland. Imports from 
Taiwan will also require cold treatment.
    Average prices received by U.S. carambola producers between 1989 
and 1993 ranged from about $0.67 to $1.55 per pound. Farm prices in 
Taiwan vary from $0.60 to $4.00 per kg ($0.27 to $1.81 per pound), 
depending on the quality, size of production, and season. While prices 
are generally lower in Taiwan, high quality carambolas suitable for 
export sell well in Taiwan's domestic market. Relatively high farm 
prices and the fruit's well-established domestic market largely explain 
Taiwan's limited exports.
    Carambola is sensitive to chilling, which can cause the skin to 
turn brown and become pitted. Since all carambola entering California 
will require cold treatment, effects of the treatment on the appearance 
and marketability of the fruit will be similar, whether the carambola 
comes from Florida, Hawaii, or Taiwan.
    We received four comments disagreeing with the results of our 
Initial Regulatory Flexibility Analysis for carambola from Taiwan. They 
were from three domestic growers associations and an academic 
institution. The commenters were concerned with unfair competition and 
the impact on domestic producers. None of the commenters provided 
additional data, however, to dispute our figures. We carefully 
considered all of the comments. The comments and responses are 
summarized below.
    One commenter stated that the classification of U.S. carambola 
producers as ``small entities'' does not change the fact that U.S. 
citizens are making their livelihood from producing carambola. 
Examination of the possible impact on U.S. carambola producers as 
``small entities'' is required by the Regulatory Flexibility Act. No 
other significance is attached to the ``small entities'' 
classification.
    One commenter felt that the United States is currently in a trade 
deficit with Taiwan, and allowing carambolas to be imported will only 
increase this deficit. APHIS bases its decisions to allow importation 
of fruits and vegetables on whether these importations can be made 
without significant risk of pest introduction. We have no authority to 
limit importations based on the size of a trade deficit.
    Two commenters raised concerns that since the carambola is still a 
relatively unknown product in the United States, the marketing efforts 
for carambola by U.S. carambola producers would provide free benefits 
to Taiwan, and, Taiwan would gain as a result. While carambola imported 
from Taiwan may well benefit from U.S. efforts, U.S. producers may also 
benefit from Taiwanese marketing efforts.
    All four commenters were concerned about the impact on U.S. 
carambola producers and disagreed with our evaluation that allowing the 
importation of carambola from Taiwan would have a positive impact on 
the U.S. economy. Since the extent of the impact is not known, one 
commenter questioned, ``Why experiment on an unknown outcome with the 
livelihood of American Citizens and small businesses?'' The commenter 
also stated, ``The carambola as a commercial crop in the U.S. is still 
an emerging industry with many unknowns. It would only seem wise to 
concentrate all of our resources on establishing the domestic side of 
this industry before allowing additional unknown elements to be added 
to the equation.'' Three commenters questioned our conclusion that a 
loss of income by U.S. producers would be positive for the U.S. 
economy.
    The level of expected near-term imports is very small compared to 
U.S. carambola production (less than 0.1 percent). In fact, all of 
Taiwan's current carambola exports equals less than one percent of 
current U.S. production. If carambola retail prices in the United 
States declines with imports from Taiwan, then U.S. consumers will gain 
and U.S. producers will lose. The impact for the economy will be 
positive if the gains exceed the losses.
    Assuming the market for carambola expands, and fruit from Taiwan is 
routinely imported, domestic producers' income will be less than it 
would be otherwise, due to a price decline and/or lower volumes than 
would be sold were there not imports. The critical question is what 
this reduction in income will be. There is no evidence to suggest that 
it will be significant.
    From a broader perspective, sales and income lost by domestic 
producers should be balanced against benefits to U.S. consumers in 
terms of greater availability and/or lower prices. Again, 
[[Page 14207]] lack of information on how much carambola prices can be 
expected to decline as a result of imports, and the responsiveness of 
producers and consumers to a decline, precludes estimation of 
consumers' gains and domestic producers' losses. Nevertheless, APHIS 
believes that the net benefit to the U.S. economy will be positive.

Currants and Gooseberries

    This rule allows currants and gooseberries to be imported into the 
United States from Argentina under certain conditions. Argentina's area 
of Ribes spp. production totals only four hectares, one of which is 
being used for experiments on the suitability of various species. The 
Economic Research Service, U.S. Department of Agriculture, estimates 
the annual crop at 30 mt, of which 40 percent, or 12 mt, could be 
exported to the United States.
    Although published data on U.S. Ribes spp. production is not 
available, trade statistics show the United States to be a net 
importer. In 1992, 64 mt of currants and gooseberries were exported, 
and 264 mt of currants were imported. The quantity of Ribes spp. 
expected to be imported from Argentina is only 6 percent of 1992 net 
imports for the United States. APHIS does not expect this relatively 
small change in the quantity imported to significantly affect the 
market for U.S. producers.

Eggplant

    This rule allows eggplant to be imported into the United States 
from the Republic of Korea under certain conditions. U.S. commercial 
production of eggplant in 1993 was 776,000 cwt (35,199 mt). The 
Republic of Korea's annual production of eggplant in 1993 totaled 
22,751 mt, of which 30.3 mt were exported to Japan and Guam. If all of 
the Republic of Korea's eggplant exports were sent to the United 
States, it will represent less than 0.09 percent of U.S. commercial 
production.
    Even in the very unrealistic scenario that the Republic of Korea's 
eggplant exports are fully diverted to the United States, the 
quantities will not be large enough to affect the U.S. market.

Kiwi

    This rule allows kiwi to be imported into the United States from 
the Republic of Korea under certain conditions. Utilized U.S. 
production of kiwi in 1992 totaled 47,700 mt. Imports of kiwi into the 
United States for 1992 were estimated at 20,236 mt, or more than 40 
percent of domestic production. The Republic of Korea's annual 
production of kiwi in 1993 totaled 8,538 mt, of which none was 
exported. Assuming 5 percent of the Republic of Korea's production 
(426.9 mt) were exported to the United States, this amount will 
represent only about 0.6 percent of U.S. supply (produced domestically 
and imported) in 1991.
    Even in the very unrealistic scenario that the Republic of Korea 
exports 5 percent of its kiwi production to the United States, the 
quantities will not be large enough to affect the U.S. market.

Lettuce

    This rule allows lettuce to be imported into the United States from 
Israel and the Republic of Korea under certain conditions. Total U.S. 
production of head, leaf, and romaine lettuce in 1993 was 82,790,000 
cwt (3,755,330 mt). In Israel, insect-free lettuce produced in 
greenhouses for the 1993/94 season reached about 4,480,000 pounds. 
Exports planned for 1994/95 are estimated at 1,600,000 pounds. If all 
of these exports were destined for the United States, they would 
comprise less than 0.02 percent of U.S. production and, therefore, will 
not noticeably affect the U.S. market.
    The Republic of Korea's annual production of leaf lettuce in 1993 
totaled 149,611 mt, of which 23.9 mt were exported to Japan, Guam, Hong 
Kong, and Saipan. If all of the Republic of Korea's lettuce exports 
were sent to the United States, it would represent only about 0.0006 
percent of U.S. production.
    Even in the very unrealistic scenario that the Republic of Korea's 
lettuce exports are fully diverted to the United States, the quantities 
will not be large enough to affect the U.S. market.
    The aggregate economic impact of this rule is expected to be 
positive. U.S. consumers will benefit from a greater availability of 
fruits and vegetables. U.S. importers will also benefit from a greater 
availability of fruits and vegetables to import.
    The alternative to this rule was to make no changes in the fruits 
and vegetables regulations. After consideration, we rejected this 
alternative since there was no pest risk reason to maintain the 
prohibitions on the affected produce.
    In the course of rulemaking, if we had come across evidence 
indicating that importation of any of the concerned fruits or 
vegetables would pose a significant risk of plant pest introduction, we 
would have considered either developing alternative requirements 
regarding that importation or continuing to prohibit the importation of 
that fruit or vegetable. However, our initial pest risk assessments and 
our review of public comments on the proposal indicated that 
importation of any of the concerned fruits and vegetables would pose no 
significant risk of plant pest introduction.
    This rule contains no paperwork or recordkeeping requirements.

Executive Order 12778

    This rule allows certain fruits and vegetables to be imported into 
the United States from certain parts of the world. State and local laws 
and regulations regarding fruits and vegetables imported under this 
rule will be preempted while the fruits and vegetables are in foreign 
commerce. Fresh fruits and vegetables are generally imported for 
immediate distribution and sale to the consuming public, and will 
remain in foreign commerce until sold to the ultimate consumer. The 
question of when foreign commerce ceases in other cases must be 
addressed on a case-by-case basis. No retroactive effect will be given 
to this rule; and this rule will not require administrative proceedings 
before parties may file suit in court challenging this rule.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this rule. The assessment provides a basis for 
the conclusion that the importation of fruits and vegetables under the 
conditions specified in this rule will not present a significant risk 
of introducing or disseminating plant pests and will not have a 
significant impact on the quality of the human environment. Based on 
the finding of no significant impact, the Administrator of the Animal 
and Plant Health Inspection Service has determined that an 
environmental impact statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the 
Council on Environmental Quality for Implementing the Procedural 
Provisions of NEPA (40 CFR parts 1500-1508), (3) USDA Regulations 
Implementing NEPA (7 CFR part 1b), and (4) National Environmental 
Policy Act Implementing Procedures (7 CFR part 372).
    Copies of the environmental assessment and finding of no 
significant impact are available for public inspection at USDA, room 
1141, South Building, 14th Street and Independence Avenue SW., 
Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, 
except holidays. Persons [[Page 14208]] wishing to inspect copies are 
requested to call ahead on (202) 690-2817 to facilitate entry into the 
reading room. In addition, copies may be obtained by writing to the 
individual listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq.).

List of Subjects

7 CFR Part 300

    Incorporation by reference, Plant diseases and pests, Quarantine.

7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by 
reference, Nursery stock, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Rice, Vegetables.

    Accordingly, 7 CFR parts 300 and 319 is amended as follows:

PART 300--INCORPORATION BY REFERENCE

    1. The authority citation for part 300 continues to read as 
follows:

    Authority: 7 U.S.C. 150ee, 154, 161, 162, and 167; 7 CFR 2.17, 
2.51, and 371.2(c).

    2. In Sec. 300.1, paragraph (a) is revised to read as follows:


Sec. 300.1  Materials incorporated by reference.

    (a) The Plant Protection and Quarantine Treatment Manual, which was 
reprinted November 30, 1992 and includes all revisions through March 
1995, has been approved for incorporation by reference in 7 CFR chapter 
III by the Director of the Office of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

    3. The authority citation for part 319 continues to read as 
follows:

    Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, and 450; 21 
U.S.C. 136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).


Sec. 319.56-2r  [Amended]

    4. In Sec. 319.56-2r, paragraph (a)(1) is amended by adding, in 
alphabetical order, ``Spain,''.
    5. In Sec. 319.56-2r, paragraph (g)(1) is amended by adding 
``Spain,'' immediately before ``Sweden''.
    6. In Sec. 319.56-2t, the table is amended by revising ``South 
Korea'' to read ``Republic of Korea'' and by adding in alphabetical 
order, the following:


Sec. 319.56-2t  Administrative instructions: conditions governing the 
entry of certain fruits and vegetables.

* * * * *

------------------------------------------------------------------------
 Country/locality     Common name      Botanical name     Plant part(s) 
------------------------------------------------------------------------
Argentina                                                               
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
                   Currant..........  Ribes spp.......  Fruit.          
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
                   Gooseberry.......  Ribes spp.......  Fruit.          
Australia........  Currant..........  Ribes spp.......  Fruit.          
                   Gooseberry.......  Ribes spp.......  Fruit.          
Austria..........  Asparagus, white.  Asparagus         Shoot.\3\       
                                       officinalis.                     
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
Belize                                                                  
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
                   Sage.............  Salivia           Leaf and stem.  
                                       officinalis.                     
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
El Salvador......  Cilantro.........  Coriandrum        Above ground    
                                       sativum.          parts.         
                   Dill.............  Anethum           Above ground    
                                       graveolens.       parts.         
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
Honduras                                                                
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
                   Cilantro.........  Coriandrum        Above ground    
                                       sativum.          parts.         
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
Indonesia                                                               
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
                   Onion............  Allium cepa.....  Bulb.           
                   Shallot..........  Allium            Bulb.           
                                       ascalonicum.                     
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
Nicaragua........  Cilantro.........  Coriandrum        Above ground    
                                       sativum.          parts.         
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
Peru                                                                    
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
                   Cornsalad........  Valerianella spp  Whole plant.    
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
                   Lambsquarters....  Chenopodium       Above ground    
                                       album.            parts.         
[[Page 14209]]                                                          
                                                                        
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
Republic of Korea                                                       
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
                   Eggplant.........  Solanum           Fruit.          
                                       melongena.                       
                   Kiwi.............  Actinidia         Fruit.          
                                       deliciosa.                       
                   Lettuce..........  Lactuca sativa..  Leaf.           
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
Tonga                                                                   
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
                   Jicama...........  Pachyrhizus       Root.           
                                       tuberosus.                       
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
------------------------------------------------------------------------
\3\No green may be visible on the shoot.                                

    7. In Sec. 319.56-2x, paragraph (a), the table is amended by 
adding, in alphabetical order, the following:


Sec. 319.56-2x  Administrative instructions: conditions governing the 
entry of certain fruits and vegetables for which treatment is required.

    (a) * * *

------------------------------------------------------------------------
 Country/locality     Common name      Botanical name     Plant part(s) 
------------------------------------------------------------------------
Argentina........  Blueberry........  Vaccinium spp...  Fruit.          
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
El Salvador......  Garden bean......  Phaseolus         Pod or shelled. 
                                       vulgaris.                        
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
Israel                                                                  
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
                   Lettuce..........  Lactuca sativa..  Leaf.           
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
Taiwan...........  Carambola........  Averrhoa          Fruit.          
                                       carambola.                       
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
------------------------------------------------------------------------

* * * * *
    Done in Washington, DC, this 9th day of March 1995.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-6370 Filed 3-15-95; 8:45 am]
BILLING CODE 3410-34-P