§ 319.77–4 7 CFR Ch. III (1–1–12 Edition)

that includes the following municipali- Papineauville, Plaisance, Ripon (Vil- ties: Notre-Dame-du-Laus, Notre- lage et Canton), Saint-Andre´-Avellin Dame-de-Pontmain, and Saint-Aime´- (Village et Paroise), Sainte-Ange´lique, du-Lac-des-Iles; and Saint-Sixte, and Thurso; and (3) That portion of the regional coun- (12) That portion of the regional ty municipality of Argenteuil that in- county municipality of Pontiac that cludes the following municipalities: includes the following municipalities: Brownsburg, Calumet, Carillon, Chat- Bristol, Shawville, Clarendon, Portage- ham, Grenville, Lachute, Saint-Andre´- du-Fort, Bryson, Campbell’s Bay, d’Argenteuil, and Saint-Andre´-Est; and Grand-Calumet, Litchfield, Thorne, (4) That portion of the regional coun- Alleyn-et-Cawood, Leslie-Clapham-et- ty municipality of Communaute´ Huddersfield, Fort-Coulonge, Mans- Urbaine De Que´bec that includes the field-et-Pontefract, Waltham-et- following municipalities: Cap-Rouge, Bryson, L’Isle-aux-Allumettes-Partie- L’Ancienne-Lorette, Que´bec, Saint- Est, Chapeau, L’Isle-aux-Allumettes, Augustin-de-Desmaures, Sainte-Foy, Chichester, Sheen-Esher-Aberdeen-et- Sillery, and Vanier; and Malakoff, and Rapides-des-Joachims; (5) That portion of the regional coun- and ty municipality of La Valle´e-de-la- (13) That portion of the regional Gatineau that includes the following county municipality of Portneuf that municipalities: Denholm, Gracefield, includes the following municipalities: Kazabazua, Lac-Sainte-Marie, Low, Cap-Sante´, Deschambault, Donnacona, Northfield, and Wright; and Grondines, Neuville, and Pointe-aux- (6) That portion of the regional coun- Trembles. ty municipality of Le Centre-de-la- [65 FR 38175, June 20, 2000, as amended at 67 Mauricie that includes the following FR 59453, Sept. 23, 2002] municipalities: Charette, Notre-Dame- du-Mont-Carmel, Sainte-Elie, § 319.77–4 Conditions for the importa- Shawinigan, and Shawinigan (Sud); and tion of regulated articles. (7) That portion of the regional coun- (a) Trees and shrubs. 1 (1) Trees with- ty municipality of Les Laurentides out roots (e.g., Christmas trees), trees that includes the following munici- with roots, and shrubs with roots and pality: La Conception; and persistent woody stems may be im- (8) That portion of the regional coun- ported into the United States from any ty municipality of Les Pays-d’en-Haut area of Canada without restriction that includes the following munici- under this subpart if they: pality: Mont-Rolland; and (i) Were greenhouse-grown through- (9) That portion of the regional coun- out the year; ´ ty municipality of Maskinonge that in- (ii) Are destined for a U.S. infested cludes the following municipalities: area and will not be moved through ´ Louiseville, Maskinonge, Saint-Joseph- any U.S. noninfested areas; or de-Maskinonge´, Saint-Barnabe´, Saint- (iii) Are Christmas trees destined for Se´ve`re, Saint-Le´on-le-Grand, Saint- a U.S. infested area and will not be Paulin, Sainte-Ursule, Saint-Justin, moved through any U.S. noninfested Saint-e´douard-de-Maskinonge´, Sainte- areas other than noninfested areas in Ange`le-de-Pre´mont, and Yamachiche; the counties of Aroostock, Franklin, and Oxford, Piscataquis, Penobscot, and (10) That portion of the regional Somerset, ME (i.e., areas in those coun- county municipality of Matawinie that ties that are not listed in 7 CFR 301.45– includes the following municipalities: 3). Saint-Fe´lix-de-Valois, Saint-Jean-de- Matha, Rawdon, and Chertsey; and (11) That portion of the regional 1 Trees and shrubs from Canada may be county municipality of Papineau that subject to additional restrictions under includes the following municipalities: ‘‘Subpart-Nursery Stock, Plants, Roots, Seeds, and Other Plant Products’’ (§§ 319.37 Fassett, Lochaber, Lochaber-Partie- through § 319.37–14 of this part) and ‘‘Sub- Ouest, Mayo, Montebello, Montpellier, part—Logs, Lumber, and Other Unmanufac- Mulgrave-et-Derry, Notre-Dame-de- tured Wood Articles’’ (§§ 319.40–1 through Bon-Secours-Partie-Nord, 319.40–11 of this part).

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(2) Trees without roots (e.g., Christ- been inspected and found free of gypsy mas trees), trees with roots, and shrubs moth or that they have been treated with roots and persistent woody stems for gypsy moth in accordance with part that are destined for a U.S. noninfested 305 of this chapter; or area or will be moved through a U.S. (B) Destined for a specified U.S. proc- noninfested area may be imported into essing plant or mill under compliance the United States from Canada only agreement with the Animal and Plant under the following conditions: Health Inspection Service for specified (i) If the trees or shrubs originated in handling or processing. a Canadian infested area, they must be (ii) If the bark, bark products, logs, accompanied by an officially endorsed or pulpwood originated in a Canadian Canadian phytosanitary certificate noninfested area, they must be accom- that includes an additional declaration panied by a certification of origin stat- confirming that the trees or shrubs ing that they were produced in an area have been inspected and found free of of Canada where gypsy moth is not gypsy moth or that the trees or shrubs known to occur. have been treated for gypsy moth in (c) Outdoor household articles and mo- accordance with part 305 of this chap- bile homes and their associated equip- ter. ment. (1) Outdoor household articles (ii) If the trees or shrubs originated and mobile homes and their associated in a Canadian noninfested area, they equipment that are destined for a U.S. must be accompanied by a certification infested area and will not be moved of origin stating that they were pro- through any U.S. noninfested areas duced in an area of Canada where may be imported from any area in Can- gypsy moth is not known to occur. ada without restriction under this sub- (b) Bark and bark products and logs part. and pulpwood with bark attached.2 (1) (2) Outdoor household articles and Bark and bark products or logs or pulp- mobile homes and their associated wood with bark attached that are des- equipment that are being moved from a tined for a U.S. infested area and that Canadian noninfested area may be im- will not be moved through any U.S. ported into any area of the United noninfested area other than non- States without restriction under this infested areas in the counties of subpart. Aroostock, Franklin, Oxford, (3) Outdoor household articles and Piscataquis, Penobscot, and Somerset, mobile homes and their associated ME (i.e., areas in those counties that equipment that are being moved from a are not listed in § 301.45–3 of this chap- Canadian infested area into a U.S. non- ter) may be imported from any area of infested area, or that will be moved Canada without restriction under this through a U.S. noninfested area, may subpart. be imported into the United States (2) Bark and bark products or logs or only if they are accompanied by a pulpwood with bark attached that are statement, signed by their owner, stat- destined for a U.S. noninfested area or ing that they have been inspected and will be moved through a U.S. non- found free of gypsy moth. infested area may be imported into the United States from Canada only under (Approved by the Office of Management and the following conditions: Budget under control number 0579–0142) (i) If the bark, bark products, logs, or [64 FR 45866, Aug. 23, 1999, as amended at 65 pulpwood originated in a Canadian in- FR 38176, June 20, 2000; 69 FR 61589, Oct. 20, fested area, they must be either: 2004; 70 FR 33326, June 7, 2005; 71 FR 40878, (A) Accompanied by an officially en- July 19, 2006] dorsed Canadian phytosanitary certifi- § 319.77–5 Disposition of regulated ar- cate that includes an additional dec- ticles denied entry. laration confirming that they have Any regulated article that is denied entry into the United States because it 2 Bark, bark products, and logs from Can- ada are also subject to restrictions under does not meet the requirements of this ‘‘Subpart—Logs, Lumber, and Other Un- subpart must be promptly safeguarded manufactured Wood Articles’’ (§§ 319.40 or removed from the United States. If through 319.40–11 of this part). the article is not promptly safeguarded

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