[Federal Register Volume 59, Number 64 (Monday, April 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7890]
[[Page Unknown]]
[Federal Register: April 4, 1994]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 944
[Docket No. FV-91-288-PR]
Fruits; Imported (Avocados); Reinstatement and Revision of
Avocado Import Maturity Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would reinstate, with revision, temporarily
suspended maturity requirements based on minimum sizes (diameters and
weights) and skin color for avocados imported into the United States.
These maturity requirements were temporarily suspended to provide the
United States Trade Representative (USTR) adequate time to review
contemplated changes in the import requirements. This proposed rule
would also add an exemption for certain varieties of avocados, and
remove the exemption for avocados grown in the southern hemisphere.
This proposed rule would also add exemptions from maturity requirements
for avocados imported for certain uses. This proposed rule is needed so
that imported avocados meet the same minimum size and color maturity
requirements as those established for avocados under the Federal
marketing order covering Florida avocados, consistent with section 8e
of the Agricultural Marketing Agreement Act of 1937.
DATES: Comments must be received by May 4, 1994.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule. Comments must be sent in triplicate to
the Docket Clerk, Fruit and Vegetable Division, AMS, USDA, P.O. Box
96456, room 2523-S, Washington, D.C. 20090-6456, or by facsimile at
202-720-5698. Comments should reference the docket number and the date
and page number of this issue of the Federal Register and will be
available for public inspection in the Office of the Docket Clerk
during regular business hours.
FOR FURTHER INFORMATION CONTACT: Caroline C. Thorpe, Marketing
Specialist, Marketing Order Administration Branch, Fruit and Vegetable
Division, AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-
6456; telephone: 202-720-5331; or Aleck J. Jonas, Southeast Marketing
Field Office, USDA/AMS, P.O. Box 2276, Winter Haven, Florida 33883;
telephone: 813-299-4770.
SUPPLEMENTARY INFORMATION: This proposed rule is issued under section
8e (7 U.S.C. section 608e-1) of the Agricultural Marketing Agreement
Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as
the Act. Section 8e of the Act provides that whenever specified
commodities, including avocados, are regulated under a Federal
marketing order, imports of these commodities into the United States
are prohibited unless they meet the same or comparable grade, size,
quality, or maturity requirements as those in effect for domestically
produced commodities. The Secretary has determined that minimum weight
and diameter maturity import requirements for avocados imported into
the United States should be the same as such requirements applied to
avocados grown in Florida under Marketing Order No. 915 (7 CFR part
915), hereinafter referred to as the order.
The Department is issuing this rule in conformance with Executive
Order 12866.
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action is not intended to have retroactive
effect. This proposed rule will not preempt any state or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule. There are no administrative procedures which
must be exhausted prior to any judicial challenge to the provisions of
this rule.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Administrator of the Agricultural Marketing Service
(AMS) has considered the economic impact of this action on small
entities.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility. Import regulations issued under
the Act are based on those established under Federal marketing orders.
There are about 20 avocado importers who would be subject to the
proposed avocado import maturity requirements. Small agricultural
service firms, which include importers, have been defined by the Small
Business Administration (13 CFR 121.601) as those whose annual receipts
are less than $3,500,000. A majority of these importers may be
classified as small entities.
Minimum size (weight and diameter) and skin color maturity
requirements for imported avocados in Sec. 944.31 (7 CFR 944.31) were
continuously in effect for several years prior to their suspension by a
final rule issued May 15, 1991 (56 FR 23009, May 20, 1991). The avocado
import maturity requirements were temporarily suspended to provide the
USTR adequate time to review contemplated changes in those
requirements, as required by section 8e of the Act. Suspension of the
avocado import maturity requirements became necessary when the Florida
avocado maturity requirements in Sec. 915.332 (7 CFR 915.332), upon
which the avocado import maturity requirements were based, were revised
on May 15, 1991 (56 FR 23005, May 20, 1991). This revision was
finalized on September 4, 1991 (56 FR 46224, September 11, 1991).
Section 915.332 was most recently amended to make calendar date
adjustments in the shipping schedule for several varieties of Florida
avocados on June 29, 1993 (58 FR 34684, June 29, 1993), and that rule
was finalized on October 4, 1993 (58 FR 46759, September 3, 1993).
Prior to suspension, the avocado import maturity requirements were
based on minimum weights and diameters applied to avocados grown in all
foreign countries, except for those grown in southern hemisphere
countries. Such requirements were applied to each variety for a
specific time period during the first part of the shipping period. The
minimum weights or diameters were not applied to avocados grown in
southern hemisphere countries, such as Chile, where practically all
imported southern hemisphere avocados have originated in recent years,
because the southern hemisphere's avocado growing season and various
shipping periods differed from those in Florida. The import maturity
requirements based on minimum weights or diameters were applied to
avocados grown in northern hemisphere countries, such as those in the
Bahamas and the Dominican Republic, where practically all northern
hemisphere imported avocados have originated in recent years, because
their growing season and various shipping periods are similar to those
in Florida.
The avocado import maturity requirements based on skin color for
certain varieties of avocados which turn red or purple when mature were
applied to avocados imported from all foreign countries in both the
southern and northern hemispheres. Such requirements applied to all
avocados grown in both hemispheres, because all such avocados turn
color when mature regardless of where they were grown.
This proposed rule would also reinstate the minimum size (weight
and diameter) requirements for avocados and the skin color maturity
requirements for avocados imported from all foreign countries by
lifting the suspended provisions of Sec. 944.31. However, this proposed
rule would exempt the Hass, Fuerte, Zutano, and Edranol varieties of
avocados from such import maturity requirements, because such varieties
are not grown in commercial quantities in Florida and regulated under
the Florida avocado maturity requirements in Sec. 915.332.
This proposed rule would obviate the need for exempting avocados
imported from the southern hemisphere, since the major varieties
imported from the southern hemisphere are the Hass, Fuerte, Zutano, and
Edranol varieties.
This proposed rule would also add language to Sec. 944.31 to cite
the minimum size (weight and diameter) and skin color maturity
requirements, and define the term ``diameter''.
This proposed rule also would exempt imported avocados under
Sec. 944.31, from minimum weight, diameter, and color maturity
requirements if they are to be used in certain specified outlets.
Similar exemptions from grade requirements established for imported
avocados under Sec. 944.28 were implemented by an interim final rule
published in the Federal Register (58 FR 69182, December 30, 1993),
with an effective date of January 1, 1994.
The avocado import maturity regulation (7 CFR 944.31) is based on
the maturity requirements in effect for avocados grown in Florida under
the order throughout the year. Under the order, any person may handle
avocados without regard to established grade, size, quality, or
maturity requirements provided that such avocados are handled for: (1)
Consumption by charitable institutions; (2) distribution by relief
agencies; (3) commercial processing into products; (4) seed; or (5)
individual shipments of up to 55 pounds. Prior to issuance of this
rule, the only exemption allowed under the avocado import regulation
was that for individual shipments of up to 55 pounds. Thus, this
proposed rule would add consumption by charitable institutions,
distribution by relief agencies, seed, and commercial processing into
products to the list of exemptions allowed under the avocado import
regulation.
To ensure that imported avocados exempt from the maturity
requirements are utilized in exempt outlets, this rule proposes that
such avocados be subject to the safeguard procedures for imported fruit
established in Sec. 944.350 (58 FR 69182, December 30, 1993).
Under these procedures, an importer wishing to import avocados
covered herein for uses in other than regulated commercial channels,
would complete in triplicate, prior to importation, an ``Importer's
Exempt Commodity Form.'' One copy would notify the Marketing Order
Administration Branch (MOAB) of the Fruit and Vegetable Division, AMS,
and the second copy would notify the U.S. Customs Service of the
importer's intent to import a commodity under an exemption. The third
copy would accompany the exempt lot to the receiver.
The form could be obtained from either the inspection or customs
offices serving the port of entry. The form could also be obtained from
the MOAB in Washington, DC or from its Marketing Field Offices in
Fresno, California; Portland, Oregon; McAllen, Texas; or Winter Haven,
Florida.
At the time the commodity enters the United States the importer
would complete the form; surrender a copy of the completed form to the
U.S. Customs at the time the commodity is offered for importation; and
would forward a copy of the completed form to MOAB within 15 days after
completeion of the form. Information called for on the ``Importer's
Exempt Commodity Form'' would include:
(1) The commodity and the variety (if known) being imported,
(2) The date and place of inspection, if applicable,
(3) Identifying marks or numbers on the containers,
(4) Identifying numbers on the railroad car, truck or other
transportation vehicle transporting product to the receiver,
(5) The name and address of the importer,
(6) The place and date of entry,
(7) The quantity imported,
(8) The name and address of the intended receiver (eg. processor,
feeder, charity, or other exempt receiver),
(9) Intended use of the exempt commodity,
(10) The U.S. Customs Service entry number and harmonized tariff
code number, and
(11) Such other information as may be necessary to ensure
compliance with this regulation.
For purposes of this regulation, a lot would be considered to be
imported when it is released by the Customs Service for entry into
commercial markets or other channels. Lots that are exempt from
maturity requirements of the import regulations would not be subject to
the inspection and certification requirements in such regulations. An
imported lot intended for normal commercial channels, or any portion of
such a lot, that fails established maturity requirements, could be
disposed of in exempt outlets, as specified in the pertinent avocado
import requirements.
The third copy of the form would accompany the exempt lot to its
intended destination. The receiver would certify that the lot has been
received and it will be utilized in an exempt outlet. After the
certification is signed by the receiver, the form would be returned to
MOAB by the receiver, within 15 days of receipt of the lot. The
information collection requirements contained in this proposed rule
have been previously approved by the Office of Management and Budget
(OMB) in accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
chapter 35), and have been assigned OMB number 0581-0167.
In accordance with section 8e of the Act, the USTR has concurred
with the issuance of this proposed rule.
Based on the above, the Administrator of the AMS has determined
that this proposed rule would not have a significant economic impact on
a substantial number of small entities.
This proposed rule reflects the Department's appraisal of the need
to reinstate the suspended avocado import maturity requirements and
make the specified changes in the avocado import maturity requirements,
as hereinafter set forth, in accordance with section 8e of the Act.
List of Subjects in 7 CFR Part 944
Avocados, Food grades and standards, Grapefruit, Grapes, Imports,
Kiwifruit, Limes, Olives, Oranges.
For the reasons set forth in the preamble, 7 CFR part 944 is
proposed to be amended as follows:
PART 944--FRUITS; IMPORT REGULATIONS
1. The authority citation for 7 CFR part 944 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. The suspension of Sec. 944.31 is lifted and the section is
revised to read as follows:
Sec. 944.31 Avocado import maturity regulation.
(a) Pursuant to section 8e (7 U.S.C. 608e-1) of the Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C 601-674), and part
944--Fruits; Import Regulations, the importation into the United States
of any avocados, except the Hass, Fuerte, Zutano, and Edranol
varieties, is prohibited unless:
(1) Any portion of the skin of the individual avocados has changed
to the color normal for that fruit when mature for those varieties
which normally change color to any shade of red or purple when mature,
except for the Linda variety; or
(2) Such avocados meet the minimum weight or diameter requirements
for the Monday nearest each date specified, through the Sunday
immediately prior to the nearest Monday of the specified date in the
next column, for each variety listed in the following TABLE I:
Provided, That avocados may not be handled prior to the earliest date
specified in column A of such table for the respective variety:
Provided further, There are no restrictions on size or weight on or
after the date specified in column D: Provided further, That up to a
total of 10 percent, by count to the individual fruit in each lot may
weigh less than the minimum specified or be less than the specified
diameter, except that no such avocados shall be over 2 ounces lighter
than the minimum weight specified for the variety: Provided further,
That up to double such tolerance shall be permitted for fruit in an
individual container in a lot.
Table 1
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Min. Min. Min. Min. Min. Min.
Variety A Date wt. diam. B Date wt. diam. C Date wt. diam. D Date
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Dr. Dupuis #2......... 5-30 16 3\7/16\ 6-13 14 3\5/16\ 7-04 12 3\2/16\ 7-18
Simmons............... 6-20 16 3\9/16\ 7-04 14 3\7/16\ 7-18 12 3\1/16\ 8-01
Pollock............... 6-20 18 3\11/16
\ 7-04 16 3\7/16\ 7-18 14 3\4/16\ 8-01
Hardee................ 6-27 16 3\2/16\ 7-04 14 2\14/16
\ 7-11 12 ....... 7-25
Nadir................. 6-27 14 3\3/16\ 7-04 12 3\1/16\ 7-11 10 2\14/16
\ 7-18
Ruehle................ 7-04 18 3\11/16
\ 7-11
7-18 16
14 3\9/16\
3\7/16\ 8-01
8-08 12
10 3\5/16\
3\3/16\ 8-15
Bernecker............. 7-18 18 3\6/16\ 8-01 16 3\5/16\ 8-15 14 3\4/16\ 8-29
Miguel (P)............ 7-18 22 3\13/16
\ 8-01 20 3\12/16
\ 8-15 18 3\10/16
\ 8-29
Nesbitt............... 7-18 22 3\12/16
\ 8-01 16 3\5/16\ 8-08 14 3\3/16\ 8-22
Tonnage............... 8-01 16 3\6/16\ 8-15 14 3\4/16\ 8-22 12 3\0/16\ 8-29
Waldin................ 8-01 16 3\9/16\ 8-15 14 3\7/16\ 8-29 12 3\4/16\ 9-12
Tower................. 8-01 14 3\6/16\ 8-15 12 3\4/16\ ....... ....... ....... 9-05
Beta.................. 8-08 18 3\8/16\ 8-15 16 3\5/16\ ....... ....... ....... 9-05
Lisa (P).............. 8-08 12 3\2/16\ 8-15 11 3 ....... ....... ....... 8-22
Black Prince.......... 8-15 28 4\1/16\ 8-29 23 3\14/16
\ 9-12 16 3\9/16\ 10-03
Loretta............... 8-22 30 4\3/16\ 9-05 26 3\15/16
\ ....... ....... ....... 9-26
Booth 8............... 8-29 16 3\9/16\ 9-12 14 3\6/16\ 9-26
10-10 12
10 3\3/16\
3\3/16\ 10-24
Booth 7............... 8-29 18 3\13/16
\ 9-12 16 3\10/16
\ 9-26 14 3\8/16\ 10-10
Booth 5............... 9-05 14 3\9/16\ 9-19 12 3\6/16\ ....... ....... ....... 10-03
Choquette............. 9-26 28 4\4/16\ 10-17 24 4\1/16\ 10-31 20 3\14/16
\ 11-14
Hall.................. 9-26 26 3\14/16
\ 10-10 20 3\9/16\ 10-24 18 3\8/16\ 11-07
Lula.................. 10-03 18 3\11/16
\ 10-10 14 3\6/16\ 10-31 12 3\3/16\ 11-14
Monroe................ 11-07 26 4\3/16\ 11-21 24 4\1/16\ 12-05
12-19 20
16 3\14/16
\
3\9/16\ 1-02
Arue.................. 5-16 16 ....... 5-30 14 3\3/16\ ....... ....... ....... 7-04
Donnie................ 5-23 16 3\5/16\ 6-06 14 3\4/16\ ....... ....... ....... 7-04
Fuchs................. 6-06 14 3\3/16\ 6-20 12 3\0/16\ ....... ....... ....... 7-04
K-5................... 6-13 18 3\5/16\ 6-27 14 3\3/16\ ....... ....... ....... 7-11
West Indian
Seedling\1\.......... 6-20 18 ....... 7-18 16 ....... 8-22 14 ....... 9-19
Gorham................ 7-04 29 4\5/16\ 7-18 27 4\3/16\ ....... ....... ....... 8-15
Biondo................ 7-11 13 ....... ....... ....... ....... ....... ....... ....... 8-15
Petersen.............. 7-11 14 3\8/16\ 7-18 12 3\5/16\ 7-25 10 3\2/16\ 8-08
232................... 7-18 14 ....... 8-01 12 ....... ....... ....... ....... 8-15
Pinelli............... 7-18 18 3\12/16
\ 8-01 16 3\10/16
\ ....... ....... ....... 8-15
Trapp................. 7-18 14 3\10/16
\ 8-01 12 3\7/16\ ....... ....... ....... 8-15
K-9................... 8-01 16 ....... ....... ....... ....... ....... ....... ....... 8-22
Christina............. 8-01 11 2\14/16
\ ....... ....... ....... ....... ....... ....... 8-22
Catalina.............. 8-15 24 ....... 8-29 22 ....... ....... ....... ....... 9-19
Blair................. 8-29 16 3\8/16\ 9-12 14 3\5/16\ ....... ....... ....... 10-03
Guatemalan Seedling\2\ 9-05 15 ....... 10-03 13 ....... ....... ....... ....... 12-05
Marcus................ 9-05 32 4\12/16
\ 9/19 24 4\5/16\ ....... ....... ....... 10-31
Brooks 1978........... 9-05 12 3\4/16\ 9-12 10 3\1/16\ 9-19 8 2\14/16
\ 10-10
Rue................... 9-12 30 4\3/16\ 9-19 24 3\15/16
\ 10-03 18 3\9/16\ 10-17
Collinson............. 9-12 16 3\10/16
\ ....... ....... ....... ....... ....... ....... 10-10
Hickson............... 9-12 12 3\1/16\ 9-26 10 3\0/16\ ....... ....... ....... 10-10
Simpson............... 9-19 16 3\9/16\ ....... ....... ....... ....... ....... ....... 10-10
Chica................. 9-19 12 3\7/16\ 10-03 10 3\1/16\ ....... ....... ....... 10-17
Leona................. 9-26 18 3\10/16
\ ....... ....... ....... ....... ....... ....... 10-10
Herman................ 10-03 16 3\9/16\ 10-17 14 3\6/16\ ....... ....... ....... 10-31
Pinkerton (CP)........ 10-03 13 3\3/16\ 10-17 11 3\0/16\ 10-31 9 ....... 11-14
Taylor................ 10-10 14 3\5/16\ 10-24 12 3\2/16\ ....... ....... ....... 11-07
Ajax (B-7)............ 10-10 18 3\14/16
\ ....... ....... ....... ....... ....... ....... 10-31
Booth 3............... 10-10 16 3\8/16\ 10-17 14 3\6/16\ ....... ....... ....... 10-31
Booth 1............... 11-14 16 3\12/16
\ 11-28 12 3\6/16\ ....... ....... ....... 12-12
Zio (P)............... 11-14 12 3\1/16\ 11-28 10 2\14/16
\ ....... ....... ....... 12-12
Gossman............... 11-28 11 3\1/16\ ....... ....... ....... ....... ....... ....... 12-26
Brookslate............ 12-05 18 3\13/16
\ 12-12
12-19 16
14 3\10/16
\
3\8/16\ 1-02
1-16 12
10 3\5/16\
....... 1-30
Meya (P).............. 12-12 13 3\2/16\ 12-26 11 3\0/16\ ....... ....... ....... 1-09
Reed (CP)............. 12-12 12 3\4/16\ 12-26 10 3\3/16\ 1-09 9 3\0/16\ 1-23
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\1\Avocados of the West Indian type varieties and seedlings not listed elsewhere in Table 1.
\2\Avocados of the Guatemalan type varieties and seedlings, hybrid varieties and seedlings, and unidentified
seedlings not listed elsewhere in Table I.
(b) The term diameter means the greatest dimension measured at a
right angle to a straight line from the stem to the blossom end of the
fruit.
(c) The term importation means release from custody of the United
States Customs Service. The term commercial processing into products
means the manufacture of avocado product which is preserved by any
recognized commercial process, including canning, freezing,
dehydrating, drying, the addition of chemical substances, or by
fermentation.
(d) Any person may import up to 55 pounds of avocados exempt from
the requirements specified in this section.
(e) The Federal or Federal-State Inspection Service, Fruit and
Vegetable Division, Agricultural Marketing Service, United States
Department of Agriculture, is designated as the governmental inspection
service for certifying the grade, size, quality, and maturity of
avocados imported into the United States. Inspection by the Federal or
Federal-State Inspection Service with evidence thereof in the form of
an official inspection certificate, issued by the respective service,
applicable to the particular shipment of avocados, is required on all
such imports. The inspection and certification services will be
available upon application in accordance with the Regulations Governing
Inspection, Certification and Standards of Fresh Fruits, Vegetables,
and Other Products (7 CFR part 51), and in accordance with the
regulation designating inspection services and procedure for obtaining
inspection and certification (7 CFR 944.400).
(f) Any avocados which fail to meet the import requirements prior
to or after reconditioning and which are not being imported for
purposes of consumption by charitable institutions, distribution by
relief agencies, seed, or commercial processing into products may be
reconditioned or exported, or disposed of under the supervision of the
Federal or Federal-State Inspection Service with the costs of
certifying the disposal of such avocados borne by the importer.
(g) The size, weight, diameter, and color maturity requirements of
this section shall not be applicable to avocados imported for
consumption by charitable institutions, distribution by relief
agencies, seed, or commercial processing into products, but shall be
subject to the safeguard provisions contained in Sec. 944.350.
Dated: March 29, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-7890 Filed 4-1-94; 8:45 am]
BILLING CODE 3410-02-P