[Federal Register: June 29, 2006 (Volume 71, Number 125)]
[Notices]
[Page 37032-37037]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn06-22]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2006-0090]


Plant Protection and Quarantine Export-Related Services and
Procedures

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: The Plant Protection and Quarantine (PPQ) program of the
Animal and Plant Health Inspection Service provides, among other
things, certain technical services to businesses and individuals to
help them successfully export live plants or plant products. This
notice provides information concerning trade-related international
agreements and organizations and details PPQ's role in facilitating the
export of plants and plant products from the United States.

FOR FURTHER INFORMATION CONTACT: Mr. Narcy G. Klag, Deputy Director,
Phytosanitary Issues Management, PPQ, APHIS, 4700 River Road Unit 140,
Riverdale, MD 20737-1236; (301) 734-8262.

[[Page 37033]]


SUPPLEMENTARY INFORMATION: Any business or individual in the United
States who wants to export a product to a foreign country may need to
meet a number of requirements. These requirements range from practical
and commercial (e.g., finding a buyer, arranging financing, shipping,
etc.) to legal (e.g., complying with all requirements, whether U.S. or
foreign, that may apply to the shipment).
    The Plant Protection and Quarantine (PPQ) program of the Animal and
Plant Health Inspection Service (APHIS) can provide certain technical
services to businesses and individuals to help them successfully export
live plants or plant products. No business or individual is required to
use our services; U.S. producers do not need to apply to APHIS or
obtain permission from APHIS to export any plant or plant product to
any foreign country. However, U.S. producers must meet the import
requirements of the importing country, and APHIS, when required,
certifies that shipments meet the plant quarantine import requirements
of the destination country.

International Agreements and Standards

    International trade is governed by standards and procedures set by
several international organizations. ``International standard'' is
defined in 19 U.S.C. 2578b as a standard, guideline, or recommendation:

    (A) Regarding food safety, adopted by the Codex Alimentarius
Commission, including a standard, guideline, or recommendation
regarding decomposition elaborated by the Codex Committee on Fish
and Fishery Products, food additives, contaminants, hygienic
practice, and methods of analysis and sampling;
    (B) Regarding animal health and zoonoses, developed under the
auspices of the International Office of Epizootics;
    (C) Regarding plant health, developed under the auspices of the
Secretariat of the International Plant Protection Convention in
cooperation with the North American Plant Protection Organization;
or
    (D) Established by or developed under any other international
organization agreed to by the NAFTA [North American Free Trade
Agreement] countries (as defined in section 3301 (4) of this title)
or by the WTO [World Trade Organization] members (as defined in
section 3501(10) of this title).

    Standards and procedures designed to safeguard agricultural
resources of member countries have been adopted by the United States
and our trading partners as members of these international
organizations.

World Trade Organization

    Internationally agreed-upon procedures for dealing with trade in
general are covered by various World Trade Organization (WTO)
agreements. The WTO framework covers matters involving non-tariff
barriers, dispute settlement, and other topics. The WTO Agreement on
the Application of Sanitary and Phytosanitary Measures \1\ (SPS
Agreement) governs the use of SPS measures in trade (i.e., plant or
animal health regulations and other requirements imposed for the
purpose of safeguarding consumer, animal, or plant health or life).
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    \1\ The full text of the SPS Agreement may be found on the
Internet at http://www.wto.org/english/docs_e/legal_e/legal_e.htm.

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    The SPS Agreement applies to all trade in plant and plant-related
materials between members, regardless of the quantity, type, or means
of transportation, or country of origin or country of destination. The
SPS Agreement maintains member countries' right to regulate imports for
the purpose of protecting consumer, animal, and plant health, provided
such measures are technically justified, not unjustifiably
discriminatory, and the least restrictive measure available (i.e.,
operationally feasible and capable of achieving the importing country's
appropriate level of protection). Under the SPS Agreement, all
countries are obligated to base their sanitary and phytosanitary
measures on international standards where they exist. Also, all
countries must decide whether to allow the import of a commodity based
on an analysis of the possible pest risk and consideration of possible
mitigations.

International Plant Protection Convention

    The SPS Agreement recognizes three international standard setting
bodies as the official entities for developing health-related standards
for global trade. Under the SPS Agreement, members are obligated to
recognize these standard-setting organizations. They are:
     Codex Alimentarius, for food safety;
     International Plant Protection Convention (IPPC), for
plant health; and
     World Organization for Animal Health (OIE), for animal
health.
    The IPPC is a multilateral convention adopted in 1952 for the
purpose of securing common and effective action to prevent the spread
and introduction of pests of plants and plant products and to promote
appropriate measures for their control. Under the IPPC, the
understanding of plant protection has been and continues to be broad,
encompassing the protection of both cultivated and non-cultivated
plants from injury by plant pests. Activities addressed by the IPPC
include the development and establishment of international plant health
standards, the harmonization of phytosanitary activities through
emerging standards, the facilitation of the exchange of official and
scientific information among countries, and the furnishing of technical
assistance to developing countries that are signatories to the IPPC.
    The IPPC is administered at the national level by plant quarantine
officials whose primary objective is to safeguard plant resources from
injurious pests. In the United States, the national plant protection
organization (NPPO) is PPQ.
    Technical experts from the United States have participated in
working groups and as reviewers of all IPPC draft standards. In
addition, documents and positions developed by APHIS have been sources
of significant input for many of the standards adopted to date. APHIS
posts information concerning its IPPC-related activities on the
Internet at http://www.aphis.usda.gov/ppq/pim/standards/. Interested

individuals may review draft IPPC standards and other IPPC documents,
which are posted as they become available to member governments, and
submit comments via the Web site.

Regional Plant Protection Organizations/North American Plant Protection
Organization

    Countries, including the United States, also work together under
the auspices of the IPPC and their respective regional plant protection
organizations (RPPOs) to establish plant health standards.\2\ RPPOs
coordinate efforts among member countries to protect their plant
resources from the entry, establishment, and spread of harmful plant
pests, while facilitating intra- and inter-regional trade. Standards
adopted by RPPOs may later be proposed, modified, and adopted by the
IPPC as global standards.
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    \2\ There are several RPPOs, each covering different areas of
the world. They are APPC (Far East, Indian subcontinent, Australia
and New Zealand), CAN (Andean community), COSAVE (Southern cone of
South America), CPPC (Caribbean), IAPSC/CPI (Africa), NAPPO (Canada,
Mexico and the United States), OEPP/EPPO (Europe and Mediterranean),
OIRSA (Central America), and PPPO (Pacific).
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    The United States belongs to the North American Plant Protection
Organization (NAPPO). The other NAPPO members include Canada and
Mexico. As noted above, PPQ is the United States' NPPO and is delegated
the authority to participate in IPPC and NAPPO standard-setting
activities.

[[Page 37034]]

PPQ's Role as NPPO

    Generally speaking, specific pest risk mitigation measures for
trade in commodities that are identified and evaluated through the pest
risk analysis process conducted by the importing country. As the NPPO
for the United States, PPQ acts as an intermediary between U.S.
exporters and the government of the importing country. In its role as
NPPO, PPQ works to ensure that the risk mitigation and import
requirements specified by the importing country are appropriate,
certifies the commodity is free of pathogens and/or pests of concern to
the importing country, and otherwise ensures that trade is conducted
consistent with international standards and the importing country's
specific phytosanitary import requirements so as to safeguard the
importing country's agriculture resources.\3\
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    \3\ This system works identically for commodities imported into
the United States. In that situation, PPQ works with the NPPO of the
foreign country, not directly with the foreign producers. After
conducting any necessary pest risk analysis and considering possible
mitigations, PPQ and the foreign NPPO negotiate the terms of trade
in compliance with international standards so as to safeguard the
agricultural resources of the United States.
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    To summarize, foreign NPPOs do not work directly with prospective
U.S. exporters or State governments; they work instead with PPQ, the
NPPO for the United States. PPQ communicates directly with the
importing country's NPPO concerning pest risk issues associated with
trade in plants and plant products.

APHIS Services and Export Regulations

    To successfully export an agricultural product, U.S. producers must
meet the import requirements of the importing country. To help
producers, PPQ provides various technical services.\4\ Our services
deal only with plant health (APHIS' Veterinary Services program
fulfills a corresponding role with respect to animal health).
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    \4\ The APHIS, PPQ, Phytosanitary Issues Management Web site
contains extensive information of interest to exporters. The
following information can be accessed through the Web site: (1)
Basic program information; (2) descriptions of certificates and
forms (some downloadable); (3) a glossary of definitions and terms;
(4) the U.S. Export Standards for Seed Potatoes; (5) a fact sheet
about EXCERPT (a database of various countries' import
requirements); (6) a list of commodities ineligible for
phytosanitary certification or processed product certification; (7)
a list of processed products eligible for an export certificates;
(8) a discussion of user fees for export certificates; (9) a
discussion of export requirements for wood packing material (both
export and import); and (10) frequently asked questions. The Web
site address is http://www.aphis.usda.gov/ppq/pim/exports/.

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    Most countries require most imported agricultural commodities to be
accompanied by a phytosanitary certificate. In the United States, only
Federal phytosanitary certificates (FPCs) are utilized for certifying
the phytosanitary health of U.S. exports of plants and plant products.
FPCs are official forms that certify that a plant or plant product has
been handled, processed, and inspected in the manner required by a
foreign government to mitigate the risk associated with certain pests.
The FPC may contain information about the source of the commodity, any
treatments applied, the pest status of the area where the commodity was
produced, and any other information required by the importing country
consistent with IPPC norms.
    PPQ is responsible, as the NPPO, for issuing FPCs. Inspectors, who
may be PPQ employees or State or county officials designated under IPPC
and NAPPO standards as Authorized Certification Officials (ACOs), may
issue FPCs.5 6 Exporters can only obtain the certificate
from a designated ACO. FPCs can only be issued for commodities that are
eligible under APHIS policy, regardless of the importing country's
requirements.
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    \5\ U.S. sanitary certificates are also issued by APHIS for
animal; products. APHIS, Veterinary Services, is responsible for
issuing these certificates.
    \6\ PPQ, and most cooperating States, charge a user fee for each
FPC. Current PPQ user fees are listed in 7 CFR 354.4(g).
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    PPQ regulations governing export certification are contained in 7
CFR part 353. These regulations list locations where phytosanitary
certification services are offered, what products are covered by the
regulations, who may qualify to conduct inspections or draw samples of
products for inspection, and detailed information about the various
phytosanitary certificates.

Procedures: Initial Contact With APHIS

    Prospective exporters who want to export live plants or plant
products should first contact their local State agriculture or PPQ
office. Exporters should remember that it can be time-consuming to do
the work necessary to issue an FPC. Therefore, exporters should contact
their local State agriculture or PPQ office as far in advance of the
export date as possible. Exporters should contact their local State
agriculture or local PPQ office regardless of the type or quantity of
plants or plant products to be exported or the method of
transportation. Local State agriculture and PPQ offices are listed in
telephone directories in the blue government pages. PPQ offices are
also listed on our Web site at http://www.aphis.usda.gov/ppq/pim/exports/es_certification_specialist.html.
 Local State agriculture

offices are listed on the Internet at http://www.nationalplantboard.org/member/index.html
.

    The issuing office will use EXCERPT, a computerized compilation of
the phytosanitary requirements for most countries to which the United
States exports agricultural products, to determine if the foreign
country allows importation of the commodity from the United States, and
if so, will cite the phytosanitary requirements. (For example, the
importing country may require a certain type of packaging, require the
commodity to be treated, allow imports only during a certain time of
year, etc.) We inform the prospective exporter of the country's
phytosanitary requirements, including whether the country requires an
FPC. We make every effort to keep the information in EXCERPT up to
date. However, EXCERPT is only as current as the information provided
to us by importing countries.
    If a prospective exporter wants to export a commodity that is
already allowed (referred to as an enterable commodity) and that
requires an FPC, and they are able and willing to comply with the
import requirements of the foreign country, they must request the
services of an inspector by submitting a written application (PPQ Form
572, Application for Inspection and Certification of Domestic Plant and
Plant Products for Export). Phytosanitary certification is based, at a
minimum, on a physical inspection of the consignment. Therefore,
exporters must apply for an FPC in advance of shipping. The exporter
should submit this form to their local State agriculture or PPQ office
and that office will issue the FPC. ACOs around the country issue
approximately 500,000 FPCs annually. If the importing country requires
an import permit, an ACO can give guidance on how to obtain a permit.

Processing FPCs for Enterable Products

    If the commodity is enterable and an FPC is required, our local
office determines what specific information the country requires on the
FPC. Not all countries require an FPC, but their use is growing as
global trade increases. Most required information is routine, e.g.,
shipper's name, name of the commodity (including scientific name),
origin of the commodity, quantity, etc. Sometimes the import
requirements for a specific commodity require that the commodity be
free of a specified pest or disease of particular concern to the

[[Page 37035]]

importing country, and the FPC may be required to include a
certification to that effect. Each special certification, known as an
additional declaration, must be made on the FPC.
    We work with the prospective exporter to meet the importing
country's phytosanitary and other technical requirements. We
communicate with the exporter as appropriate (letter, fax, e-mail,
telephone) to work through this stage. We attempt to provide technical
help as practical. However, it is the responsibility of the exporter to
comply with import requirements of the country of destination. For
example, if the importing country requires a certain type of packaging,
the exporter must make arrangements to have their commodity packaged as
required. If a country requires that a commodity is free of a certain
pest or pathogen, we will conduct the appropriate test or inspection to
ensure freedom from the pest, and issue an FPC stating that fact. We
may suggest how the exporter can grow, process, or package the
commodity so that it is and remains free of the pest or pathogen.
However, compliance-actually ensuring that the commodity is free of the
regulated pest-is the exporter's responsibility.
    The prospective exporter must be prepared to supply the following
information to the local State agriculture or PPQ office. This
information is necessary to complete PPQ Form 572.
    Information about the party submitting the request:
     Name, mailing address, and telephone and fax numbers of
exporter.
     Name, mailing address, and telephone and fax numbers of
applicant, if different from exporter's.
    Information about the commodity proposed to be exported:
     Location of commodity to be exported.
     Description of commodity to be exported. A scientific name
may be required to determine phytosanitary requirements. Identity of
the particular plant or plant part (e.g., fruit, leaf, root, entire
plant, etc.) and any associated plant part proposed to be exported.
     Quantity and weight/volume of each commodity, including
total number of packages of each commodity.
     The proposed end use of the exported commodity (e.g.,
propagation, consumption, milling, decorative, processing, etc.).
     If the commodity is processed, a detailed description of
the processing.
     Origin of the commodity (where it was grown).
    Shipping information:
     Proposed date of exportation.
     Name and address of consignee in foreign country.
     Distinguishing markings on packaging.
     Type of conveyance (air, rail, truck, vessel).
     Port of export.
     Port of import (must be in the same country as the
consignee).

Processing Petitions for Currently Restricted or Prohibited Products

    If the commodity is currently restricted or prohibited, or there
are requirements the prospective exporter cannot meet or does not
believe are fair or reasonable, the exporter should contact the
director of PPQ's Phytosanitary Issues Management (PIM) staff directly.
We accept ``requests to petition'' U.S. trading partners on behalf of
U.S. exporters. We refer to all requests as export petitions.
    We prefer petitions to be submitted by mail or private courier,
though we accept petitions by fax at 301-734-7639. We do not accept
petitions over the telephone or by electronic mail, although we
certainly encourage prospective exporters to contact us by phone to
discuss their individual situations and obtain advice.
    For the most efficient service, written export petitions should be
mailed directly to: Director, Phytosanitary Issues Management, APHIS,
PPQ, 4700 River Road Unit 140, Riverdale, MD 20737-1236. Petitions
transmitted through a third party invariably take longer to reach us.
In all cases, processing delays can be avoided by confirming that we
have received the petition.
    We start processing an export petition as soon as we receive it. No
particular format or wording is required. But for the quickest service,
some basic information should be included in the petition. This is the
same information listed above under the heading ``Processing FPCs for
Enterable Products.'' Including as much of this information as possible
in the initial requesting letter helps us process the petition
efficiently.
    When we receive a written petition, one of our trade directors
determines whether it is a petition to open a market, expand a market,
or retain a market. Petitioners are usually not aware of these
categories. However, they are important for PPQ. The type of market
access requested dictates how PPQ handles the petition. It also gives
us an idea of the services the petitioner may want or need.
    Petitions for currently restricted or prohibited commodities are
petitions to open a market. If a foreign country does not currently
allow import of a specific commodity from the United States, we will
work with the petitioner to open that market. In some cases, a market
is closed to certain commodities from the United States because:
     The foreign country has never considered whether to allow
importation because no one has ever requested it;
     There is a pest risk that cannot be mitigated;
     There is a mitigation, but it is technically or
economically not feasible to use; or
     The importing country believes it does not have sufficient
information to address its concerns.
    The bulk of petitions are petitions to retain or expand a market.
If a foreign country allows imports of a commodity from the United
States, but imports are restricted, e.g., geographically (only allowed
to enter a portion of the country), in time (only allowed to be shipped
during certain times of the year), or subject to restrictive
phytosanitary measures, or if a country restricts an enterable
commodity due to a perceived pest risk, we will work to expand the
market.
    Unfortunately, there is no global list of possible requirements and
restrictions. Requirements and restrictions are particular to what are
called ``commodity-country pairs,'' that is, a specific commodity from
a country (for example, cherries from the United States) going to a
specific country (for example, Spain). Generally, requirements and
conditions apply to a specific commodity-country combination. However,
in the future we expect to see the development and application of
global import standards for specific commodity/pest combinations (e.g.,
developed by the IPPC and/or individual countries).
    If the exporter cannot meet the foreign country's requirements, we
will work with the exporter and the foreign country to develop
acceptable alternatives. Common situations of this type are where the
foreign country requires a commodity to be treated using a chemical
that is not approved for application in the United States, or when a
requirement is impractical or too expensive for the exporter.
    Occasionally foreign countries impose requirements which are
contrary to the SPS Agreement. In these situations we work with the
foreign country to develop acceptable alternatives or to have the
inappropriate requirement eliminated.

[[Page 37036]]

Full Market Access Not Allowed--Overly Restrictive Measures

    Sometimes the foreign country allows the requested commodity to be
imported from the United States, but restricts importation
geographically or in time. That is, the commodity is allowed to be
exported from the United States only into a portion of the foreign
country or only during a certain time of year. In many cases these
restrictions are appropriate. In other cases, we may disagree and
believe less restrictive requirements would protect the legitimate
agricultural interests of the importing country. For example, there may
be cases where, since the restrictions were put in place, a systems
approach or a new treatment has been developed, or a regulated pest
that previously existed in the United States has been eradicated. As
with all restrictions, we inform the exporter. The exporter may find
the requirements acceptable, or the exporter may decide they want to
pursue exportation only if the requirements are less restrictive. In
that case, we work with them and the importing country to identify less
restrictive, but effective, measures to safeguard the importing
country's agricultural health interests. Negotiations are extremely
time-consuming and there is no guarantee of success.
    The situation is similar if the importing country does not allow
importation of the commodity at all from the United States. The country
may actually prohibit importation or it may never have considered
whether to allow importation. We inform the exporter of the situation.
If they still want to pursue their petition, we will work with them and
the foreign country to resolve the matter. However, as with expanding
market access, the process of obtaining market access is extremely
time-consuming and there is no guarantee of success.
    When we are working to expand or obtain market access, PPQ may have
to supply information to the foreign country so they can conduct a pest
risk analysis. With help from the exporter, we provide the foreign
country with the information they need.
    If a risk analysis is required, the exporter may have to provide
extensive information. The types of information required are the same
as PPQ requests in order to conduct a pest risk analysis for a foreign
commodity that has been proposed for importation into the United
States.\7\
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    \7\ On May 30, 2006, APHIS published a final rule in the Federal
Register (71 FR 30563-30568, Docket No. 02-132-2) that amended our
commodity import regulations to require the submission of certain
information before we will consider any request to import a new
commodity for which a risk analysis is required (see 7 CFR 319.5).
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    The information actually needed depends on the individual petition.
The trade director works with the exporter and scientific experts to
develop a package of data supporting the export petition. It is very
much in the exporter's interest to provide information that is needed,
as it facilitates the timely processing of their petition. If APHIS
cannot obtain necessary information from the exporter, the foreign
country will either seek the information from other sources, causing
substantial delay, or may deny or delay consideration of the request.
The information needed depends on the type of request. The following
list describes types of information that might be requested:
     Contact information;
     Information about the area where the commodity is grown;
and
     Shipping methods and volume of exports.
    In some cases more extensive information might be required. Other
information that might be requested includes, for example, a list of
pests associated with the commodity, possible mitigation measures,
post-harvest handling, and safeguarding procedures.

Retaining Market Access

    PPQ works constantly with current exporters and our trading
partners to retain and expand markets, and to encourage countries to
adopt the least restrictive measures necessary to effectively safeguard
their agricultural resources. This is beneficial to both U.S. exporters
and to importing countries. For example, eliminating or reducing the
volume of dangerous chemicals to treat plants and plant material is a
general benefit.
    We also work with current exporters to retain markets that are
already open to U.S. exporters. Sometimes a market is open, but import
requirements change. This may happen because a regulated pest is
detected in an arriving shipment, there is a report of a new pest in
the United States, or the United States asks the importing country to
reevaluate the pest risk of the commodity and to change its import
requirements. If we determine that requirements are overly restrictive,
PPQ works with the foreign government and with U.S. exporters to find
mutually acceptable alternatives.

Documentation and Communication

    For each petition we receive, PPQ maintains a file of written
documents relating to the petition. We keep a record of every
significant decision with a letter or other physical document. Some
export petitions are handled very easily. However, any export petition
can result in extensive negotiations between the importing country and
PPQ. We utilize all appropriate and effective means to conduct
negotiations (meetings, telephone calls, video conferences, letters,
etc.). Official correspondence between PPQ and officials of the
importing country is an especially important part of the negotiating
process, and we maintain a complete file of official correspondence for
each export petition. In addition, we endeavor to keep exporters
informed at every stage of negotiations, and we request their help and
cooperation as needed to help the process move forward. PPQ's staff of
trade directors, along with APHIS attach[eacute]s, communicates
routinely with our trading partners both personally, one-on-one, and
through informal and formal meetings. Bilateral meetings are formal
meetings held with our major trading partners.\8\ Bilateral meetings
are scheduled as needed, when both countries have issues to discuss.
PPQ posts minutes from bilateral meetings on the PPQ Web site.\9\ These
meetings are attended by technical staff and higher level officials;
who attends is determined by the issues to be discussed.
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    \8\ As of 2006, we hold bilateral meetings with Australia,
Cnada, China, Japan, Mexico, New Zealand, and Taiwan.
    \9\ Minutes from bilateral meetings held during calendar year
2005 are posted at http://www.aphis.usda.gov/ppq/pim/bilateral/index.html
.

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    With the cooperation of the exporter, we work with our trading
partners to resolve technical market access issues. Risk mitigations
may be documented in operational workplans. These documents, signed by
the NPPO of each country, detail the operational requirements U.S.
commodities must meet to be imported into foreign countries.\10\
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    \10\ PPQ also negotiates and agrees to operational workplans
covering foreign plants and plant products to be imported into the
United States.
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Completing Work on an Export Petition

    The number, gravity, and intricacy of issues raised by an export
petition, and the willingness of the foreign government to negotiate
over a particular request, determine how long it takes to complete work
on an export petition. We consider work on an export petition completed
only if one of two events occurs, i.e., the requested export takes
place or the prospective exporter withdraws his/her petition.

[[Page 37037]]

    It is important to remember that trade negotiations are often
extended. It may be many months or years before work on a petition is
completed. The disease or pest situation in either the United States or
the foreign country may change, governmental policies or goals in
either the United States or the foreign country may change, or research
or scientific analysis may be necessary before there can be an
agreement.
    Occasionally a foreign government refuses to consider accepting a
commodity for import. However, this is extremely rare. The more common
occurrence is a breakdown in negotiations. If it becomes apparent that
PPQ can do nothing more to complete work on a petition, we work with
APHIS SPS policy offices and the U.S. Department of Agriculture's
(USDA) Foreign Agricultural Service to consider other options,
including the possibility of seeking the involvement of the Office of
the U.S. Trade Representative in addressing a particular SPS trade
impasse. Even then we consider these export petitions ``open'' and we
continue to work on them as appropriate.

Barriers to Export

    There are barriers to export that APHIS cannot resolve. These
include:
     When information necessary to resolve the petition is not
available;
     When a regulated pest exists in the United States for
which there is no effective risk mitigation; and
     When technical discussions with the foreign country have
reached an impasse.
    We try to minimize these barriers. APHIS and other agencies within
USDA are always looking for new and effective systems approaches and
treatments. In partnership with the Department of Homeland Security, we
endeavor to prevent pests and pathogens from entering the United States
from foreign countries. If we detect a pest or pathogen within the
United States, we attempt by all means within our authority to keep
that pest or pathogen from spreading, and if possible, to eradicate it.
We also try to minimize barriers to exports by maintaining good working
relationships with foreign officials, by dealing with foreign goods
imported into the United States openly, consistently and fairly, and by
negotiating in good faith. However, we have no authority or power to
force foreign governments, or exporters, to come to an agreement or
even to respond to our overtures.

    Done in Washington, DC, this 23rd day of June 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-5799 Filed 6-28-06; 8:45 am]
BILLING CODE 3410-34-P