[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: 7CFR944.350]

[Page 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. 944.350  Safeguard procedures for avocados, grapefruit, kiwifruit, 

olives, oranges, prune variety plums (fresh prunes), and table grapes, 
exempt from 
          grade, size, quality, and maturity requirements.

    (a) Each person who imports:
    (1) Avocados, grapefruit, kiwifruit, limes, olives, oranges, and 
prune variety plums (fresh prunes) for consumption by charitable 
institutions or distribution by relief agencies;
    (2) Avocados, grapefruit, kiwifruit, oranges, prune variety plums 
(fresh prunes), and table grapes for processing;
    (3) Olives for processing into oil;
    (4) Grapefruit for animal feed; or
    (5) Avocados for seed shall obtain an ``Importer's Exempt Commodity 
Form'' (FV-6 form) from the Marketing Order Administration Branch, Fruit 
and Vegetable Division, AMS, USDA, and shall show the completed 
``Importer's Exempt Commodity Form'' to the U.S. Customs Service 
Regional Director or District Director, as applicable, at the port at 
which the customs entry is filed. One copy shall be mailed to the 
Marketing Order Administration Branch, Fruit and Vegetable Division, 
AMS, USDA with a postmark no later than two days after the date of 
importation and a third copy shall accompany the lot to the exempt 
outlet specified on the form. Any lot offered for inspection and, all or 
a portion thereof, subsequently imported as exempt under this provision 
shall be reported on an ``Importer's Exempt Commodity Form'' and such 
form, accompanied by a copy of the applicable inspection certificate, 
shall be mailed to the Marketing Order Administration Branch.
    (b) Each person who receives an exempt commodity for the purposes 
specified in paragraph (a) of this section shall also receive a copy of 
the same numbered Importer's Exempt Commodity Form filed by the importer 
or customs broker and shall certify, by completing and signing Section 
II of the form and mailing the form to the Marketing Order 
Administration Branch within two days of receipt of the exempt lot, that 
such lot has been received and will be utilized in the exempt outlet.
    (c) It is the responsibility of the importer to notify the Marketing 
Order Administration Branch of any lot of exempt commodity rejected by a 
receiver, shipped to an alternative exempt receiver, exported, or 
otherwise destroyed. In such cases, a second ``Importer's Exempt 
Commodity Form'' must be filed by the importer providing sufficient 
information to determine ultimate disposition of the exempt lot and such 
disposition shall be so certified by the final receiver.
    (d) All FV-6 forms and other correspondence regarding entry of 8e 
commodities must be mailed to the Marketing Order Administration Branch, 
USDA, AMS, P.O. Box 96456, room 2523-S, Washington, D.C. 20090-6456, 
telephone (202)-720-4607. FV-6 forms submitted by fax must be followed 
by a mailed, original copy of the FV-6 form. Fax transmissions may be 
sent to the MOAB at (202) 720-5698.

[61 FR 13059, Mar. 26, 1996, as amended at 61 FR 40958, Aug. 7, 1996; 68 
FR 10346, Mar. 5, 2003]