07/11/2024
Tomato, Pepper Federal Import Order Amended by APHIS
Check out this week's Customs Corner to read about the Tomato, Pepper Federal Import Order Amended by APHIS, Americas Partnership for Economic Prosperity-Trade Track, and more!
APHIS Amends Federal Order for US Imports of Tomato and Pepper Hosts of Tomato Brown Rugose Fruit Virus
Specifically, APHIS has lifted the import requirements for tomato and pepper fruit intended for consumption from all countries. This decision follows a thorough assessment where APHIS concluded that the risk of introducing ToBRFV through fresh fruit for consumption is unlikely, unlike propagative plant material, including seeds, which remains a higher risk.
ToBRFV, a member of the Tobamovirus genus, is a significant pathogen affecting vegetable crops such as tomatoes and peppers. It was first identified in 2014 in tomatoes in Israel and has since spread to several countries worldwide, impacting crop quality and marketability. Infected tomatoes may become unmarketable, while susceptible pepper fruits can develop necrosis.
Despite lifting restrictions on fruit for consumption, APHIS will continue to enforce strict regulations on the importation of tomato and pepper plant propagative material, including seeds. This material is deemed a high-risk pathway for introducing ToBRFV into the United States. Import requirements will mandate that propagative material is either free from ToBRFV, confirmed through diagnostic testing, or sourced from regions certified as free from the virus.
The USDA’s decision reflects a balanced approach to managing agricultural health risks, allowing for the importation of fresh produce while maintaining stringent measures to protect domestic crops from potentially devastating pathogens like ToBRFV.
The revised Federal Order can be found here.
Request for Comments on Americas Partnership for Economic Prosperity-Trade Track
The Americas Partnership for Economic Prosperity is a collaborative initiative launched by the United States along with Barbados, Canada, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, Mexico, Panama, Peru, and Uruguay. This partnership aims to deepen economic collaboration and integration across the Western Hemisphere.
Key elements and objectives of the Partnership, as outlined in the East Room Declaration issued in November 2023, include:
- Enhancing Regional Competitiveness and Integration: The Partnership seeks to strengthen economic ties among member countries to enhance their collective competitiveness in global markets.
- Fostering Shared Prosperity and Good Governance: It aims to promote economic growth that benefits all sectors of society, while ensuring transparency and accountability in governance.
- Building Sustainable Infrastructure: Emphasis is placed on developing infrastructure that supports sustainable economic development and improves connectivity within the region.
- Protecting the Climate and Environment: The Partnership prioritizes environmental sustainability by implementing measures to protect natural resources and mitigate climate change impacts.
- Promoting Healthy Communities: Efforts are directed towards improving public health and wellbeing across member countries through collaborative initiatives.
The Partnership involves cooperation among Ministers responsible for trade, foreign affairs, and finance, who work across three main tracks: Foreign Affairs, Trade, and Finance. Specific committees and councils, such as the Council on Trade and Competitiveness (CTC), focus on issues like trade rules, sustainable value chains, and inclusive trade practices.
Regular meetings and summits are planned to assess progress, discuss priorities, and coordinate actions. For instance, Trade Ministers are scheduled to meet in person in Ecuador in August 2024 to review achievements and plan for future initiatives leading up to the 2025 Leaders’ Summit in Costa Rica.
Overall, the Americas Partnership for Economic Prosperity aims to create a robust regional platform for advancing economic integration, sustainability, and inclusive growth across the Americas.
All requirements for comments can found in 89 FR 51935.
Agricultural Marketing Service (AMS) Changes to Section 8e Fee Structure
89 FR 51850 lists the key points of the proposed rule:
- Change to Per-Pound Fee Basis: Instead of charging fees based on a per-carlot basis, AMS proposes to calculate fees on a per-pound basis. The per-pound rate would be derived by dividing the current inspection fee for a full carlot by the standard weight of a full carlot (40,000 pounds). For example, if the current fee for a full carlot is $242, the per-pound rate would be approximately $0.00605.
- Standard Measurement of 40,000 lbs.: AMS intends to use 40,000 pounds as the standard weight for calculating the per-pound rate, aligning with USDA-AMS inspection practices for identifying a full carlot.
- Introduction of Sublot Fees: AMS proposes separate fees for Section 8e sublots and non-Section 8e sublots. A sublot is defined as additional lots of the same product that differ notably in quality, condition, brand, variety, size, or container markings. The fee for a Section 8e sublot would be reduced by 50%, from $110 to $55 per sublot under the proposed rule.
- Fee Calculation for Inspections: The proposed rule outlines how fees would be calculated:
- For full carlots, AMS would multiply the per-pound rate by the total weight of the carlot, plus any applicable sublot fees.
- For lots less than a carlot, the fee calculation would involve multiplying the per-pound rate by the total weight of the lot, with a minimum charge equivalent to 2 hours computed at the current hourly rate, or whichever is greater, plus any applicable sublot fees.
- Transition from Carlot to Per-Pound: The current fee structure charges per carlot without considering the sampling and inspection time required for larger volumes transported by modern conveyances. AMS believes the proposed per-pound fee structure will more accurately reflect inspection costs while minimizing financial burdens through the introduction of sublot fees.
Overall, the proposed changes aim to align fees with actual inspection costs, enhance cost recovery for AMS, and provide a more equitable fee structure for stakeholders involved in specialty crop import inspections under Section 8e regulations.
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