[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: 7CFR352.2] [Page 394-395] TITLE 7--AGRICULTURE CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE PART 352--PLANT QUARANTINE SAFEGUARD REGULATIONS--Table of Contents Sec. 352.2 Purpose; relation to other regulations; applicability. (a) The importation into the United States of certain plants, plant products, plant pests, soil, and other products and articles which may be infested or infected by, or contain, plant pests is prohibited or restricted by quarantines, orders, and other regulations in parts 319, 321, and 330 of this chapter, issued under authority of sections 1, 5, 7, and 9 of the Plant Quarantine Act, sections 103, 105, 106, and 107 of the Federal Plant Pest Act, the Mexican Border Act (7 U.S.C. 149), and related laws (31 483a; 7 U.S.C. 2260). Under said authorities it is hereby determined that it is not necessary to impose such prohibitions and restrictions upon plants, plant products, plant pests, soil, and other products and articles designated in said parts when they come within any of the following categories and are moved into the United States from any foreign country and handled in the United States in compliance with this part, and said categories of plants, plant products, plant pests, soil, and other products and articles are hereby excepted from said prohibitions and restrictions if they comply with this part, except as otherwise provided in this part: (1) Are brought in for temporary stay where unloading or landing is not intended; (2) are unloaded or landed for transshipment and exportation; (3) are unloaded or landed for transportation and exportation; (4) are intended for unloading and entry at a port other than the port of arrival. However, such determination and exception shall not apply to cotton and covers imported into the United States from any country for exportation or transshipment and exportation or transportation and exportation as provided in Secs. 319.8, 319.8-1 et seq. of this chapter and such cotton and covers must comply with said sections in lieu of this part. Moreover, the applicable provisions of Secs. 330.100 through 330.109 [[Page 395]] and 330.400 of this chapter shall continue to apply to products and articles subject to this Part 352. (b) Prohibited or restricted products and articles offered for entry into the United States and refused such entry under part 319, 321, or 330 of this chapter shall be subject to the applicable provisions in this part with respect to their subsequent handling in this country. (c)(1) The provisions in this part shall apply whether the controls over arrival, temporary stay, unloading, landing, transshipment and exportation, or transportation and exportation, or other movement or possession in the United States are maintained by entry or other procedures of the Bureau of Customs, U.S. Department of the Treasury, or in Guam by the Customs of the Government of Guam. Such provisions shall apply to arrivals in the United States, as defined in Sec. 352.1(b)(31), including arrivals in a foreign trade zone in the United States to which admission is sought in accordance with the Customs Regulations in title 19 CFR. Prohibited or restricted products and articles which have arrived in the United States and have been exported therefrom pursuant to this part, and which for any reason are returned to the United States are, upon arrival, again subject to the applicable requirements of this part. (2) Any restrictions and requirements under this part with respect to the arrival, temporary stay, unloading, landing, transshipment, exportation, transportation and exportation, or other movement or possession in the United States of any product or article shall apply to any person who, respectively, brings into, maintains, unloads, lands, transships, exports, transports and exports, or otherwise moves or possesses in the United States such product or article, whether he is the person who was required to have a permit for the product or article or a subsequent custodian of such product or article, and failure to comply with all applicable restrictions and requirements under this part by any such person shall be deemed to be a violation of this part. [25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997]