[Code of Federal Regulations]
[Title 7, Volume 5]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR352.2]

[Page 423-424]
 
                          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) Importations of plants, plant products, plant pests, soil, and 
other products and articles that may be infested or infected by or 
contain plant pests or noxious weeds are exempt from the prohibitions or 
restrictions contained in parts 319 and 330 of this chapter if they meet 
one of the conditions in paragraphs (a)(1) through (a)(4) of this 
section and are moved into the United States and handled in compliance 
with this part. Provided: That

[[Page 424]]

these exemptions do 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 
through 319.8-26 of this chapter. Moreover, the applicable provisions of 
Secs. 330.100 through 330.109 and 330.400 of this chapter also apply to 
products and articles subject to this part.
    (1) They are brought in temporarily where loading and landing is not 
intended;
    (2) They are unloaded or landed for transshipment and exportation;
    (3) They are unloaded or landed for transportation and exportation; 
or
    (4) They are intended for unloading and entry at a port other than 
the port of arrival.
    (b) Prohibited or restricted products and articles offered for and 
refused entry into the United States under parts 319 or 330 of this 
chapter are subject to the applicable provisions in this part regarding 
their subsequent handling in this country.
    (c)(1) The provisions in this part 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 and Guam are maintained by entry or 
other procedures of the U.S. Customs Service, Department of the 
Treasury, or the Customs Office of the Government of Guam, respectively. 
Such provisions will apply to arrivals in the United States, including 
arrivals in a foreign trade zone in the United States to which admission 
is sought in accordance with the Customs regulations in 19 CFR chapter 
I. Prohibited or restricted products and articles that have entered the 
United States, been exported pursuant to this part, and returned to the 
United States are subject to the applicable requirements of this part 
upon reentry.
    (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; 66 
FR 21059, Apr. 27, 2001]