[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR944.312]

[Page 328-329]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 944_FRUITS; IMPORT REGULATIONS--Table of Contents
 
Sec. 944.312  Orange import 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 oranges is prohibited unless such oranges grade at least U.S. No. 
2, and they are at least 2\6/16\ inches in diameter. Effective July 1 
through August 31 of each year this parageaph is suspended.
    (b) The term oranges is defined as Citrus sinensis, Osbeck.
    (c) The term importation means release from custody of the United 
States Customs Service. The term processing means the manufacture of any 
orange product which has been converted into sectioned fruit or into 
fresh juice, or preserved by any commercial process, including canning, 
freezing, dehydrating, drying, and the addition of chemical substances, 
or by fermentation.
    (d) Terms and tolerances pertaining to grade and size requirements, 
which are defined in the United States Standards for Grades of Oranges 
(Texas and States other than Florida, California, and Arizona) (7 CFR 
51.680-51.714), shall be applicable herein.
    (e) Any person may import up to 400 pounds a day of oranges exempt 
from the requirements specified in this section.
    (f) 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 oranges 
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 oranges, 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).
    (g) Any oranges which fail to meet the import requirements, and are 
not being imported for purposes of consumption by charitable 
institutions, distribution by relief agencies, or processing into 
products; prior to or after reconditioning may be exported or disposed 
of under the supervision of the Federal or Federal-State Inspection 
Service with the costs of certifying the disposal of such oranges borne 
by the importer.
    (h) The grade, size, quality, and maturity requirements of this 
section shall not be applicable to oranges imported for consumption by 
charitable institutions, distribution by relief agencies, or processing 
into products, but shall be subject to the safeguard provisions 
contained in Sec. 944.350, Provided that: oranges, imported as exempt 
under this regulation, cannot be shipped to processors who have 
facilities, equipment, or outlets to repack or sell fruit in fresh form.
    (i) The Secretary has determined that oranges imported into the 
United States are in most direct competition

[[Page 329]]

with oranges grown in Texas regulated under Marketing Order No. 906.

[59 FR 25792, May 18, 1994, as amended at 60 FR 33679, June 29, 1995; 61 
FR 13059, Mar. 26, 1996]