Plant Protection and Quarantine Export-Related Services and Procedures, 37032-37037 [06-5799]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 71, Number 125 (Thursday, June 29, 2006)]
[Notices]
[Pages 37032-37037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5799]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2006-0090]


Plant Protection and Quarantine Export-Related Services and 
Procedures

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: The Plant Protection and Quarantine (PPQ) program of the 
Animal and Plant Health Inspection Service provides, among other 
things, certain technical services to businesses and individuals to 
help them successfully export live plants or plant products. This 
notice provides information concerning trade-related international 
agreements and organizations and details PPQ's role in facilitating the 
export of plants and plant products from the United States.

FOR FURTHER INFORMATION CONTACT: Mr. Narcy G. Klag, Deputy Director, 
Phytosanitary Issues Management, PPQ, APHIS, 4700 River Road Unit 140, 
Riverdale, MD 20737-1236; (301) 734-8262.

[[Page 37033]]


SUPPLEMENTARY INFORMATION: Any business or individual in the United 
States who wants to export a product to a foreign country may need to 
meet a number of requirements. These requirements range from practical 
and commercial (e.g., finding a buyer, arranging financing, shipping, 
etc.) to legal (e.g., complying with all requirements, whether U.S. or 
foreign, that may apply to the shipment).
    The Plant Protection and Quarantine (PPQ) program of the Animal and 
Plant Health Inspection Service (APHIS) can provide certain technical 
services to businesses and individuals to help them successfully export 
live plants or plant products. No business or individual is required to 
use our services; U.S. producers do not need to apply to APHIS or 
obtain permission from APHIS to export any plant or plant product to 
any foreign country. However, U.S. producers must meet the import 
requirements of the importing country, and APHIS, when required, 
certifies that shipments meet the plant quarantine import requirements 
of the destination country.

International Agreements and Standards

    International trade is governed by standards and procedures set by 
several international organizations. ``International standard'' is 
defined in 19 U.S.C. 2578b as a standard, guideline, or recommendation:

    (A) Regarding food safety, adopted by the Codex Alimentarius 
Commission, including a standard, guideline, or recommendation 
regarding decomposition elaborated by the Codex Committee on Fish 
and Fishery Products, food additives, contaminants, hygienic 
practice, and methods of analysis and sampling;
    (B) Regarding animal health and zoonoses, developed under the 
auspices of the International Office of Epizootics;
    (C) Regarding plant health, developed under the auspices of the 
Secretariat of the International Plant Protection Convention in 
cooperation with the North American Plant Protection Organization; 
or
    (D) Established by or developed under any other international 
organization agreed to by the NAFTA [North American Free Trade 
Agreement] countries (as defined in section 3301 (4) of this title) 
or by the WTO [World Trade Organization] members (as defined in 
section 3501(10) of this title).

    Standards and procedures designed to safeguard agricultural 
resources of member countries have been adopted by the United States 
and our trading partners as members of these international 
organizations.

World Trade Organization

    Internationally agreed-upon procedures for dealing with trade in 
general are covered by various World Trade Organization (WTO) 
agreements. The WTO framework covers matters involving non-tariff 
barriers, dispute settlement, and other topics. The WTO Agreement on 
the Application of Sanitary and Phytosanitary Measures \1\ (SPS 
Agreement) governs the use of SPS measures in trade (i.e., plant or 
animal health regulations and other requirements imposed for the 
purpose of safeguarding consumer, animal, or plant health or life).
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    \1\ The full text of the SPS Agreement may be found on the 
Internet at https://www.wto.org/english/docs_e/legal_e/legal_e.htm.
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    The SPS Agreement applies to all trade in plant and plant-related 
materials between members, regardless of the quantity, type, or means 
of transportation, or country of origin or country of destination. The 
SPS Agreement maintains member countries' right to regulate imports for 
the purpose of protecting consumer, animal, and plant health, provided 
such measures are technically justified, not unjustifiably 
discriminatory, and the least restrictive measure available (i.e., 
operationally feasible and capable of achieving the importing country's 
appropriate level of protection). Under the SPS Agreement, all 
countries are obligated to base their sanitary and phytosanitary 
measures on international standards where they exist. Also, all 
countries must decide whether to allow the import of a commodity based 
on an analysis of the possible pest risk and consideration of possible 
mitigations.

International Plant Protection Convention

    The SPS Agreement recognizes three international standard setting 
bodies as the official entities for developing health-related standards 
for global trade. Under the SPS Agreement, members are obligated to 
recognize these standard-setting organizations. They are:
     Codex Alimentarius, for food safety;
     International Plant Protection Convention (IPPC), for 
plant health; and
     World Organization for Animal Health (OIE), for animal 
health.
    The IPPC is a multilateral convention adopted in 1952 for the 
purpose of securing common and effective action to prevent the spread 
and introduction of pests of plants and plant products and to promote 
appropriate measures for their control. Under the IPPC, the 
understanding of plant protection has been and continues to be broad, 
encompassing the protection of both cultivated and non-cultivated 
plants from injury by plant pests. Activities addressed by the IPPC 
include the development and establishment of international plant health 
standards, the harmonization of phytosanitary activities through 
emerging standards, the facilitation of the exchange of official and 
scientific information among countries, and the furnishing of technical 
assistance to developing countries that are signatories to the IPPC.
    The IPPC is administered at the national level by plant quarantine 
officials whose primary objective is to safeguard plant resources from 
injurious pests. In the United States, the national plant protection 
organization (NPPO) is PPQ.
    Technical experts from the United States have participated in 
working groups and as reviewers of all IPPC draft standards. In 
addition, documents and positions developed by APHIS have been sources 
of significant input for many of the standards adopted to date. APHIS 
posts information concerning its IPPC-related activities on the 
Internet at https://www.aphis.usda.gov/ppq/pim/standards/. Interested 
individuals may review draft IPPC standards and other IPPC documents, 
which are posted as they become available to member governments, and 
submit comments via the Web site.

Regional Plant Protection Organizations/North American Plant Protection 
Organization

    Countries, including the United States, also work together under 
the auspices of the IPPC and their respective regional plant protection 
organizations (RPPOs) to establish plant health standards.\2\ RPPOs 
coordinate efforts among member countries to protect their plant 
resources from the entry, establishment, and spread of harmful plant 
pests, while facilitating intra- and inter-regional trade. Standards 
adopted by RPPOs may later be proposed, modified, and adopted by the 
IPPC as global standards.
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    \2\ There are several RPPOs, each covering different areas of 
the world. They are APPC (Far East, Indian subcontinent, Australia 
and New Zealand), CAN (Andean community), COSAVE (Southern cone of 
South America), CPPC (Caribbean), IAPSC/CPI (Africa), NAPPO (Canada, 
Mexico and the United States), OEPP/EPPO (Europe and Mediterranean), 
OIRSA (Central America), and PPPO (Pacific).
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    The United States belongs to the North American Plant Protection 
Organization (NAPPO). The other NAPPO members include Canada and 
Mexico. As noted above, PPQ is the United States' NPPO and is delegated 
the authority to participate in IPPC and NAPPO standard-setting 
activities.

[[Page 37034]]

PPQ's Role as NPPO

    Generally speaking, specific pest risk mitigation measures for 
trade in commodities that are identified and evaluated through the pest 
risk analysis process conducted by the importing country. As the NPPO 
for the United States, PPQ acts as an intermediary between U.S. 
exporters and the government of the importing country. In its role as 
NPPO, PPQ works to ensure that the risk mitigation and import 
requirements specified by the importing country are appropriate, 
certifies the commodity is free of pathogens and/or pests of concern to 
the importing country, and otherwise ensures that trade is conducted 
consistent with international standards and the importing country's 
specific phytosanitary import requirements so as to safeguard the 
importing country's agriculture resources.\3\
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    \3\ This system works identically for commodities imported into 
the United States. In that situation, PPQ works with the NPPO of the 
foreign country, not directly with the foreign producers. After 
conducting any necessary pest risk analysis and considering possible 
mitigations, PPQ and the foreign NPPO negotiate the terms of trade 
in compliance with international standards so as to safeguard the 
agricultural resources of the United States.
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    To summarize, foreign NPPOs do not work directly with prospective 
U.S. exporters or State governments; they work instead with PPQ, the 
NPPO for the United States. PPQ communicates directly with the 
importing country's NPPO concerning pest risk issues associated with 
trade in plants and plant products.

APHIS Services and Export Regulations

    To successfully export an agricultural product, U.S. producers must 
meet the import requirements of the importing country. To help 
producers, PPQ provides various technical services.\4\ Our services 
deal only with plant health (APHIS' Veterinary Services program 
fulfills a corresponding role with respect to animal health).
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    \4\ The APHIS, PPQ, Phytosanitary Issues Management Web site 
contains extensive information of interest to exporters. The 
following information can be accessed through the Web site: (1) 
Basic program information; (2) descriptions of certificates and 
forms (some downloadable); (3) a glossary of definitions and terms; 
(4) the U.S. Export Standards for Seed Potatoes; (5) a fact sheet 
about EXCERPT (a database of various countries' import 
requirements); (6) a list of commodities ineligible for 
phytosanitary certification or processed product certification; (7) 
a list of processed products eligible for an export certificates; 
(8) a discussion of user fees for export certificates; (9) a 
discussion of export requirements for wood packing material (both 
export and import); and (10) frequently asked questions. The Web 
site address is https://www.aphis.usda.gov/ppq/pim/exports/.
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    Most countries require most imported agricultural commodities to be 
accompanied by a phytosanitary certificate. In the United States, only 
Federal phytosanitary certificates (FPCs) are utilized for certifying 
the phytosanitary health of U.S. exports of plants and plant products. 
FPCs are official forms that certify that a plant or plant product has 
been handled, processed, and inspected in the manner required by a 
foreign government to mitigate the risk associated with certain pests. 
The FPC may contain information about the source of the commodity, any 
treatments applied, the pest status of the area where the commodity was 
produced, and any other information required by the importing country 
consistent with IPPC norms.
    PPQ is responsible, as the NPPO, for issuing FPCs. Inspectors, who 
may be PPQ employees or State or county officials designated under IPPC 
and NAPPO standards as Authorized Certification Officials (ACOs), may 
issue FPCs.5 6 Exporters can only obtain the certificate 
from a designated ACO. FPCs can only be issued for commodities that are 
eligible under APHIS policy, regardless of the importing country's 
requirements.
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    \5\ U.S. sanitary certificates are also issued by APHIS for 
animal; products. APHIS, Veterinary Services, is responsible for 
issuing these certificates.
    \6\ PPQ, and most cooperating States, charge a user fee for each 
FPC. Current PPQ user fees are listed in 7 CFR 354.4(g).
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    PPQ regulations governing export certification are contained in 7 
CFR part 353. These regulations list locations where phytosanitary 
certification services are offered, what products are covered by the 
regulations, who may qualify to conduct inspections or draw samples of 
products for inspection, and detailed information about the various 
phytosanitary certificates.

Procedures: Initial Contact With APHIS

    Prospective exporters who want to export live plants or plant 
products should first contact their local State agriculture or PPQ 
office. Exporters should remember that it can be time-consuming to do 
the work necessary to issue an FPC. Therefore, exporters should contact 
their local State agriculture or PPQ office as far in advance of the 
export date as possible. Exporters should contact their local State 
agriculture or local PPQ office regardless of the type or quantity of 
plants or plant products to be exported or the method of 
transportation. Local State agriculture and PPQ offices are listed in 
telephone directories in the blue government pages. PPQ offices are 
also listed on our Web site at https://www.aphis.usda.gov/ppq/pim/
exports/es_certification_specialist.html. Local State agriculture 
offices are listed on the Internet at https://
www.nationalplantboard.org/member/.
    The issuing office will use EXCERPT, a computerized compilation of 
the phytosanitary requirements for most countries to which the United 
States exports agricultural products, to determine if the foreign 
country allows importation of the commodity from the United States, and 
if so, will cite the phytosanitary requirements. (For example, the 
importing country may require a certain type of packaging, require the 
commodity to be treated, allow imports only during a certain time of 
year, etc.) We inform the prospective exporter of the country's 
phytosanitary requirements, including whether the country requires an 
FPC. We make every effort to keep the information in EXCERPT up to 
date. However, EXCERPT is only as current as the information provided 
to us by importing countries.
    If a prospective exporter wants to export a commodity that is 
already allowed (referred to as an enterable commodity) and that 
requires an FPC, and they are able and willing to comply with the 
import requirements of the foreign country, they must request the 
services of an inspector by submitting a written application (PPQ Form 
572, Application for Inspection and Certification of Domestic Plant and 
Plant Products for Export). Phytosanitary certification is based, at a 
minimum, on a physical inspection of the consignment. Therefore, 
exporters must apply for an FPC in advance of shipping. The exporter 
should submit this form to their local State agriculture or PPQ office 
and that office will issue the FPC. ACOs around the country issue 
approximately 500,000 FPCs annually. If the importing country requires 
an import permit, an ACO can give guidance on how to obtain a permit.

Processing FPCs for Enterable Products

    If the commodity is enterable and an FPC is required, our local 
office determines what specific information the country requires on the 
FPC. Not all countries require an FPC, but their use is growing as 
global trade increases. Most required information is routine, e.g., 
shipper's name, name of the commodity (including scientific name), 
origin of the commodity, quantity, etc. Sometimes the import 
requirements for a specific commodity require that the commodity be 
free of a specified pest or disease of particular concern to the

[[Page 37035]]

importing country, and the FPC may be required to include a 
certification to that effect. Each special certification, known as an 
additional declaration, must be made on the FPC.
    We work with the prospective exporter to meet the importing 
country's phytosanitary and other technical requirements. We 
communicate with the exporter as appropriate (letter, fax, e-mail, 
telephone) to work through this stage. We attempt to provide technical 
help as practical. However, it is the responsibility of the exporter to 
comply with import requirements of the country of destination. For 
example, if the importing country requires a certain type of packaging, 
the exporter must make arrangements to have their commodity packaged as 
required. If a country requires that a commodity is free of a certain 
pest or pathogen, we will conduct the appropriate test or inspection to 
ensure freedom from the pest, and issue an FPC stating that fact. We 
may suggest how the exporter can grow, process, or package the 
commodity so that it is and remains free of the pest or pathogen. 
However, compliance-actually ensuring that the commodity is free of the 
regulated pest-is the exporter's responsibility.
    The prospective exporter must be prepared to supply the following 
information to the local State agriculture or PPQ office. This 
information is necessary to complete PPQ Form 572.
    Information about the party submitting the request:
     Name, mailing address, and telephone and fax numbers of 
exporter.
     Name, mailing address, and telephone and fax numbers of 
applicant, if different from exporter's.
    Information about the commodity proposed to be exported:
     Location of commodity to be exported.
     Description of commodity to be exported. A scientific name 
may be required to determine phytosanitary requirements. Identity of 
the particular plant or plant part (e.g., fruit, leaf, root, entire 
plant, etc.) and any associated plant part proposed to be exported.
     Quantity and weight/volume of each commodity, including 
total number of packages of each commodity.
     The proposed end use of the exported commodity (e.g., 
propagation, consumption, milling, decorative, processing, etc.).
     If the commodity is processed, a detailed description of 
the processing.
     Origin of the commodity (where it was grown).
    Shipping information:
     Proposed date of exportation.
     Name and address of consignee in foreign country.
     Distinguishing markings on packaging.
     Type of conveyance (air, rail, truck, vessel).
     Port of export.
     Port of import (must be in the same country as the 
consignee).

Processing Petitions for Currently Restricted or Prohibited Products

    If the commodity is currently restricted or prohibited, or there 
are requirements the prospective exporter cannot meet or does not 
believe are fair or reasonable, the exporter should contact the 
director of PPQ's Phytosanitary Issues Management (PIM) staff directly. 
We accept ``requests to petition'' U.S. trading partners on behalf of 
U.S. exporters. We refer to all requests as export petitions.
    We prefer petitions to be submitted by mail or private courier, 
though we accept petitions by fax at 301-734-7639. We do not accept 
petitions over the telephone or by electronic mail, although we 
certainly encourage prospective exporters to contact us by phone to 
discuss their individual situations and obtain advice.
    For the most efficient service, written export petitions should be 
mailed directly to: Director, Phytosanitary Issues Management, APHIS, 
PPQ, 4700 River Road Unit 140, Riverdale, MD 20737-1236. Petitions 
transmitted through a third party invariably take longer to reach us. 
In all cases, processing delays can be avoided by confirming that we 
have received the petition.
    We start processing an export petition as soon as we receive it. No 
particular format or wording is required. But for the quickest service, 
some basic information should be included in the petition. This is the 
same information listed above under the heading ``Processing FPCs for 
Enterable Products.'' Including as much of this information as possible 
in the initial requesting letter helps us process the petition 
efficiently.
    When we receive a written petition, one of our trade directors 
determines whether it is a petition to open a market, expand a market, 
or retain a market. Petitioners are usually not aware of these 
categories. However, they are important for PPQ. The type of market 
access requested dictates how PPQ handles the petition. It also gives 
us an idea of the services the petitioner may want or need.
    Petitions for currently restricted or prohibited commodities are 
petitions to open a market. If a foreign country does not currently 
allow import of a specific commodity from the United States, we will 
work with the petitioner to open that market. In some cases, a market 
is closed to certain commodities from the United States because:
     The foreign country has never considered whether to allow 
importation because no one has ever requested it;
     There is a pest risk that cannot be mitigated;
     There is a mitigation, but it is technically or 
economically not feasible to use; or
     The importing country believes it does not have sufficient 
information to address its concerns.
    The bulk of petitions are petitions to retain or expand a market. 
If a foreign country allows imports of a commodity from the United 
States, but imports are restricted, e.g., geographically (only allowed 
to enter a portion of the country), in time (only allowed to be shipped 
during certain times of the year), or subject to restrictive 
phytosanitary measures, or if a country restricts an enterable 
commodity due to a perceived pest risk, we will work to expand the 
market.
    Unfortunately, there is no global list of possible requirements and 
restrictions. Requirements and restrictions are particular to what are 
called ``commodity-country pairs,'' that is, a specific commodity from 
a country (for example, cherries from the United States) going to a 
specific country (for example, Spain). Generally, requirements and 
conditions apply to a specific commodity-country combination. However, 
in the future we expect to see the development and application of 
global import standards for specific commodity/pest combinations (e.g., 
developed by the IPPC and/or individual countries).
    If the exporter cannot meet the foreign country's requirements, we 
will work with the exporter and the foreign country to develop 
acceptable alternatives. Common situations of this type are where the 
foreign country requires a commodity to be treated using a chemical 
that is not approved for application in the United States, or when a 
requirement is impractical or too expensive for the exporter.
    Occasionally foreign countries impose requirements which are 
contrary to the SPS Agreement. In these situations we work with the 
foreign country to develop acceptable alternatives or to have the 
inappropriate requirement eliminated.

[[Page 37036]]

Full Market Access Not Allowed--Overly Restrictive Measures

    Sometimes the foreign country allows the requested commodity to be 
imported from the United States, but restricts importation 
geographically or in time. That is, the commodity is allowed to be 
exported from the United States only into a portion of the foreign 
country or only during a certain time of year. In many cases these 
restrictions are appropriate. In other cases, we may disagree and 
believe less restrictive requirements would protect the legitimate 
agricultural interests of the importing country. For example, there may 
be cases where, since the restrictions were put in place, a systems 
approach or a new treatment has been developed, or a regulated pest 
that previously existed in the United States has been eradicated. As 
with all restrictions, we inform the exporter. The exporter may find 
the requirements acceptable, or the exporter may decide they want to 
pursue exportation only if the requirements are less restrictive. In 
that case, we work with them and the importing country to identify less 
restrictive, but effective, measures to safeguard the importing 
country's agricultural health interests. Negotiations are extremely 
time-consuming and there is no guarantee of success.
    The situation is similar if the importing country does not allow 
importation of the commodity at all from the United States. The country 
may actually prohibit importation or it may never have considered 
whether to allow importation. We inform the exporter of the situation. 
If they still want to pursue their petition, we will work with them and 
the foreign country to resolve the matter. However, as with expanding 
market access, the process of obtaining market access is extremely 
time-consuming and there is no guarantee of success.
    When we are working to expand or obtain market access, PPQ may have 
to supply information to the foreign country so they can conduct a pest 
risk analysis. With help from the exporter, we provide the foreign 
country with the information they need.
    If a risk analysis is required, the exporter may have to provide 
extensive information. The types of information required are the same 
as PPQ requests in order to conduct a pest risk analysis for a foreign 
commodity that has been proposed for importation into the United 
States.\7\
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    \7\ On May 30, 2006, APHIS published a final rule in the Federal 
Register (71 FR 30563-30568, Docket No. 02-132-2) that amended our 
commodity import regulations to require the submission of certain 
information before we will consider any request to import a new 
commodity for which a risk analysis is required (see 7 CFR 319.5).
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    The information actually needed depends on the individual petition. 
The trade director works with the exporter and scientific experts to 
develop a package of data supporting the export petition. It is very 
much in the exporter's interest to provide information that is needed, 
as it facilitates the timely processing of their petition. If APHIS 
cannot obtain necessary information from the exporter, the foreign 
country will either seek the information from other sources, causing 
substantial delay, or may deny or delay consideration of the request. 
The information needed depends on the type of request. The following 
list describes types of information that might be requested:
     Contact information;
     Information about the area where the commodity is grown; 
and
     Shipping methods and volume of exports.
    In some cases more extensive information might be required. Other 
information that might be requested includes, for example, a list of 
pests associated with the commodity, possible mitigation measures, 
post-harvest handling, and safeguarding procedures.

Retaining Market Access

    PPQ works constantly with current exporters and our trading 
partners to retain and expand markets, and to encourage countries to 
adopt the least restrictive measures necessary to effectively safeguard 
their agricultural resources. This is beneficial to both U.S. exporters 
and to importing countries. For example, eliminating or reducing the 
volume of dangerous chemicals to treat plants and plant material is a 
general benefit.
    We also work with current exporters to retain markets that are 
already open to U.S. exporters. Sometimes a market is open, but import 
requirements change. This may happen because a regulated pest is 
detected in an arriving shipment, there is a report of a new pest in 
the United States, or the United States asks the importing country to 
reevaluate the pest risk of the commodity and to change its import 
requirements. If we determine that requirements are overly restrictive, 
PPQ works with the foreign government and with U.S. exporters to find 
mutually acceptable alternatives.

Documentation and Communication

    For each petition we receive, PPQ maintains a file of written 
documents relating to the petition. We keep a record of every 
significant decision with a letter or other physical document. Some 
export petitions are handled very easily. However, any export petition 
can result in extensive negotiations between the importing country and 
PPQ. We utilize all appropriate and effective means to conduct 
negotiations (meetings, telephone calls, video conferences, letters, 
etc.). Official correspondence between PPQ and officials of the 
importing country is an especially important part of the negotiating 
process, and we maintain a complete file of official correspondence for 
each export petition. In addition, we endeavor to keep exporters 
informed at every stage of negotiations, and we request their help and 
cooperation as needed to help the process move forward. PPQ's staff of 
trade directors, along with APHIS attach[eacute]s, communicates 
routinely with our trading partners both personally, one-on-one, and 
through informal and formal meetings. Bilateral meetings are formal 
meetings held with our major trading partners.\8\ Bilateral meetings 
are scheduled as needed, when both countries have issues to discuss. 
PPQ posts minutes from bilateral meetings on the PPQ Web site.\9\ These 
meetings are attended by technical staff and higher level officials; 
who attends is determined by the issues to be discussed.
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    \8\ As of 2006, we hold bilateral meetings with Australia, 
Cnada, China, Japan, Mexico, New Zealand, and Taiwan.
    \9\ Minutes from bilateral meetings held during calendar year 
2005 are posted at https://www.aphis.usda.gov/ppq/pim/bilateral/
index.html.
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    With the cooperation of the exporter, we work with our trading 
partners to resolve technical market access issues. Risk mitigations 
may be documented in operational workplans. These documents, signed by 
the NPPO of each country, detail the operational requirements U.S. 
commodities must meet to be imported into foreign countries.\10\
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    \10\ PPQ also negotiates and agrees to operational workplans 
covering foreign plants and plant products to be imported into the 
United States.
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Completing Work on an Export Petition

    The number, gravity, and intricacy of issues raised by an export 
petition, and the willingness of the foreign government to negotiate 
over a particular request, determine how long it takes to complete work 
on an export petition. We consider work on an export petition completed 
only if one of two events occurs, i.e., the requested export takes 
place or the prospective exporter withdraws his/her petition.

[[Page 37037]]

    It is important to remember that trade negotiations are often 
extended. It may be many months or years before work on a petition is 
completed. The disease or pest situation in either the United States or 
the foreign country may change, governmental policies or goals in 
either the United States or the foreign country may change, or research 
or scientific analysis may be necessary before there can be an 
agreement.
    Occasionally a foreign government refuses to consider accepting a 
commodity for import. However, this is extremely rare. The more common 
occurrence is a breakdown in negotiations. If it becomes apparent that 
PPQ can do nothing more to complete work on a petition, we work with 
APHIS SPS policy offices and the U.S. Department of Agriculture's 
(USDA) Foreign Agricultural Service to consider other options, 
including the possibility of seeking the involvement of the Office of 
the U.S. Trade Representative in addressing a particular SPS trade 
impasse. Even then we consider these export petitions ``open'' and we 
continue to work on them as appropriate.

Barriers to Export

    There are barriers to export that APHIS cannot resolve. These 
include:
     When information necessary to resolve the petition is not 
available;
     When a regulated pest exists in the United States for 
which there is no effective risk mitigation; and
     When technical discussions with the foreign country have 
reached an impasse.
    We try to minimize these barriers. APHIS and other agencies within 
USDA are always looking for new and effective systems approaches and 
treatments. In partnership with the Department of Homeland Security, we 
endeavor to prevent pests and pathogens from entering the United States 
from foreign countries. If we detect a pest or pathogen within the 
United States, we attempt by all means within our authority to keep 
that pest or pathogen from spreading, and if possible, to eradicate it. 
We also try to minimize barriers to exports by maintaining good working 
relationships with foreign officials, by dealing with foreign goods 
imported into the United States openly, consistently and fairly, and by 
negotiating in good faith. However, we have no authority or power to 
force foreign governments, or exporters, to come to an agreement or 
even to respond to our overtures.

    Done in Washington, DC, this 23rd day of June 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-5799 Filed 6-28-06; 8:45 am]
BILLING CODE 3410-34-P