[Code of Federal Regulations] [Title 7, Volume 5, Parts 200 to 399] [Revised as of January 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR319.8-2] [Page 199-200] TITLE 7--AGRICULTURE CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE PART 319--FOREIGN QUARANTINE NOTICES--Table of Contents Subpart--Foreign Cotton and Covers Sec. 319.8-2 Permit procedure. (a) Except as otherwise provided for in Secs. 319.8-10 and 319.8-18, permits shall be obtained for importations into the United States of all cotton and covers. Permits will be issued only for cotton and covers authorized entry under Secs. 319.8-6 through 319.8-20. Persons desiring to import cotton or covers under Secs. 319.8-6 through 319.8-20 shall, in advance of departure of such material from a foreign port, submit to the Plant Protection and Quarantine Programs an application \2\ stating the name and address of the importer, the country from which such material is to be imported, and the kind of cotton or covers it is desired to import. Applications to import cottonseed shall state the approximate quantity and the proposed United States port of entry. Applications to import lint, linters, or waste shall state whether such materials are compressed. --------------------------------------------------------------------------- \2\ Applications for permits should be made to Plant Importations Branch, Plant Protection and Quarantine Programs, 209 River Street, Hoboken, N.J. 07030. --------------------------------------------------------------------------- (b) Applications to import lint, linters, or waste at a port \3\ other than one in the North, in California, or on the Mexican Border shall also specify whether the commodity is compressed to high density. --------------------------------------------------------------------------- \3\Including ports in Guam, Hawaii, Puerto Rico, and the Virgin Islands of the United States. --------------------------------------------------------------------------- (c) Applications for permits may be made orally or on forms provided for the purpose by the Plant Protection and Quarantine Programs, or may be made by a letter or telegram containing all the information required by this section. (d) Upon receipt and approval of such application by the Plant Protection and Quarantine Programs, an individual or continuing permit will be issued authorizing the importation and specifying the port of entry and the conditions of entry. A copy of the permit will be supplied to the importer. (e) Upon receipt of an application to import lint, linters, waste, or covers, without treatment, for utilization under agreement as defined in Sec. 319.8-8(a)(2), an investigation will be made by an inspector to determine that the receiving mill or plant is satisfactorily located geographically, is equipped with all necessary safeguards, and is apparently in a position to fulfill all precautionary conditions to which it may agree. Upon determination by the inspector that these qualifications are fulfilled, the owner or operator of the mill or plant may sign an agreement [[Page 200]] specifying that the required precautionary conditions will be maintained. Such signed agreement will be a necessary requisite to the release at the port of entry of any imported lint, linters, waste, or covers for forwarding to and utilization at such mill or plant in lieu of vacuum fumigation or other treatment otherwise required by this subpart. Permits for the importation of such materials will be issued in accordance with paragraph (a) of this section. (f) Permits for importation of any cotton or covers are conditioned upon compliance with all requirements set forth therein and such additional requirements in this subpart as are in terms applicable thereto. Failure to comply with any such requirement will be deemed to invalidate the permit. Permits may also be cancelled or may be refused as provided in Sec. 319.8-3, or entry denied as provided in Secs. 319.8- 11, 319.8-12, and Sec. 319.8-13. (g) If through no fault of the importer a shipment of cotton or covers arrives at a United States port in advance of the issuance of a permit, it may be held, under suitable safeguards prescribed by the inspector at the port, in Customs custody at the risk of the importer, pending issuance of a permit, for a period not exceeding 20 days. (h) Pending development of adequate treating facilities in Guam, any cotton or covers that are subject to treatment as a condition of entry therein must first be entered and treated in accordance with the requirements of this subpart at a U.S. port of arrival where such treating facilities are available. (Approved by the Office of Management and Budget under control number 0579-0049) (44 U.S.C. 35) [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]