[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR980.501]

[Page 494-495]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 980_VEGETABLES; IMPORT REGULATIONS--Table of Contents
 
Sec.  980.501  Safeguard procedures for potatoes, onions, and tomatoes 

exempt from grade, size, quality, and maturity requirements.

    (a) Each person who imports:
    (1) Potatoes, onions or tomatoes for consumption by charitable 
institutions or distribution by relief agencies;
    (2) Potatoes, onions, or tomatoes for processing;
    (3) Potatoes or onions for livestock feed; or
    (4) Pearl onions, shall obtain an ``Importer's Exempt Commodity 
Form'' (FV-6) 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.

[[Page 495]]

    (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, returned to the 
country of origin, or otherwise disposed of. 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. Fax transmissions may be sent to 
the MOAB at (202) 720-5698.

[61 FR 13060, Mar. 26, 1996]