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fruits, vegetables, and other products (7 CFR Part 51). The cost of any inspection and certification shall be borne by the applicant therefor.

(e) Each inspection certificate issued with respect to any grapefruit to be imported into the United States shall set forth, among other things:

(1) The date and place of inspection;

(2) The name of the shipper, or applicant;
(3) The name of the importer (consignee);

(4) The commodity inspected;

(5) The quantity of the commodity covered by the certificate;
(6) The principal identifying marks on the container;

(7) The railroad car initials and number, the truck and the trailer license number, the name of the vessel, or other identification of the shipment; and (8) The following statement, if the facts warrant: Meets U. S. import requirements under section 8e of the Agricultural Marketing Agreement Act of 1937.

(f) Notwithstanding any other provision of this regulation, any importation of grapefruit which, in the aggregate, does not exceed five standard nailed boxes may be imported without regard to the restrictions specified herein. The provisions of this paragraph do not supersede the restrictions or prohibitions imposed on the importation of this commodity under the Plant Quarantine Act of 1912 or any other applicable law or regulation.

(g) It is hereby found and determined that (1) imports of grapefruit are in most direct competition with grapefruit grown in the State of Florida, and (2) on the basis of information currently available, the requirements set forth in this section are comparable to those in effect for grapefruit grown in Florida (Grapefruit Regulation 246; § 933.798; 21 F. R. 3966), and it is not practicable for the restrictions in effect for the Florida-grown grapefruit to be made applicable to imported grapefruit because of variations in characteristics between the domestic and imported grapefruit.

(h) The terms "U. S. No. 2 Russet," "standard pack," and "standard nailed box" shall have the same meaning as when used in the Revised United States Standards for Florida Grapefruit, 7 CFR 51.750-51.790 (standard nailed boxinside dimensions 12 by 24 inches). All other terms shall have the same meaning as when used in the General Regulations.

(i) Termination of Grapefruit Regulation No. 1. Grapefruit Regulation No. 1 (7 CFR 1068.1) is hereby terminated at the effective time hereof.

It is hereby found that it is impracticable and contrary to the public interest to give preliminary notice, engage in public rulemaking procedure, and postpone the effective time of this regulation beyond that hereinafter specified (5 U. S. C. 1001 et seq.) in that the requirements of this import regulation are imposed pursuant to section 8e of the Agricultural Marketing Agreement Act of 1937, as amended (7 U. S. C. 601 et seq.; 68 Stat. 906, 1047), which makes such regulation mandatory; imports of grapefruit are currently regulated under Grapefruit Regulation No. 1 (7 CFR 1068.1); and this regulation relieves restric tions on such imports.

(Sec. 401 (e), 68 Stat. 907; 7 U. S. C. 608e)

Done at Washington, D. C., this 10th day of August 1956 to become effective at 12:01 a. m., e. s. t., August 19, 1956.

§ 1070.1

S. R. SMITH,

Director, Fruit and Vegetable Division,
Agricultural Marketing Service.

TITLE 7-AGRICULTURE

CHAPTER IX-AGRICULTURAL MARKETING SERVICE

(Marketing Agreements and Orders)

SUBCHAPTER B-PROHIBITIONS OF IMPORTED COMMODITIES

PART 1070-CUCUMBERS

Cucumber Regulation No. 1. (a) Findings and determinations. (1) Notice of rule making regarding proposed restrictions on importation of cucumbers into the United States, to be made effective under the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U. S. C.

601 et seq.; 68 Stat. 906, 1047), was published in the FEDERAL REGISTER October 19, 1957 (22 F. R. 8264). After consideration of all relevant matters presented, including the proposals set forth in the aforesaid notice, it is hereby found that the restrictions on the importation of cucumbers into the United States, as hereinafter provided, are in accordance with the act.

(2) It is hereby found and determined that good cause exists for not postponing the effective date of this regulation beyond that herein specified (5 U. S. C. 1001 et seq.) in that (i) the requirements established by this import regulation are issued pursuant to section 8e of the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U. S. C. 601 et seq.; 68 Stat. 906, 1047), which makes such regulation mandatory; (ii) the same grade and size regulations are in effect on domestic shipments of cucumbers under Marketing Agreement No. 118 and Order No. 115 (7 C. F. R. 1015.301; 22 F. R. 8148, 8219, 8976); (iii) compliance with this cucumber import regulation should not require any special preparation by importers which cannot be completed by the effective date; (iv) notice hereof is hereby determined to be reasonable in accordance with the requirements of the act and is in excess of the minimum period of three days specified in the act; and (v) the regulations hereby established for cucumbers that may be imported into the United States comply with grade, size, quality, and maturity restrictions imposed upon domestic cucumbers under the aforesaid marketing agreement and order.

(b) Import restrictions. During the period from November 18, 1957, to December 15, 1957, both dates inclusive, and subject to the General Regulations (7 C. F. R. Part 1060; 19 F. R. 7707, 8012) applicable to the importation of listed commodities and the requirements of this section no person shall import any cucumbers of any variety unless such cucumbers meet the requirements of U. S. No. 1 or better grade, except that for the purpose of this regulation no maximum diameter or minimum length is required.

(c) Minimum quantities. Any importation which, in the aggregate, does not exceed 48 pounds may be imported without regard to the provisions of paragraph (b) of this section.

(d) Plant quarantine. No provisions of this section shall supersede the restrictions or prohibitions of cucumbers under the Plant Quarantine Act of 1912.

(e) Inspection and certification. (1) The Federal or the Federal-State Inspection Service, Fruit and Vegetable Division, Agricultural Marketing Service, United States Department of Agriculture, is hereby designated, pursuant to § 1060.4 (a) of the General Regulations, as the governmental inspection service for the purpose of certifying the grade, size, quality, and maturity of cucumbers that are imported, or to be imported into the United States under the provisions of section 8e of the act.

(2) Inspection and certification by the Federal or the Federal State Inspection Service of each lot of imported cucumbers is required pursuant to § 1060.3 Eligible Imports of the aforesaid General Regulations and this section. Each such lot shall be made available and accessible for inspection. Such inspection and certification will be made available in accordance with the rules and regulations governing inspection and certification of fresh fruits, vegetables, and other products (7 C. F. R. Part 51). Since inspectors may not be stationed in the immediate vicinity of some smaller ports of entry, importers of uninspected and uncertified cucumbers should make advance arrangements for inspection by ascertaining whether or not there is an inspector located at their particular port of entry. For all ports of entry where an inspection office is not located each importer must give the specified advance notice to the applicable office listed below prior to the time the cucumbers will be imported.

Ports

All Texas points..

All Arizona points...
All California points..
All Florida points..
All other points.

Office

W. T. McNabb, 222 McClendon Bldg., 305 East Jackson St.,
Post Office Box 111, Harlingen. Tex., (telephone, Garfield 3-5644).
R. H. Bertelson, room 202, Trust Bldg., 305 American Ave.,
Post Office Box 1646, Nogales, Ariz. (telephone, Atwater 7-2902).
Carley D. Williams, 284 Wholesale Terminal Bldg., 784 South
Central Ave., Los Angeles 21, Calif. (telephone, Vandike 8756).
Lloyd W. Boney, room 5, Dade County Growers Market, 1200
Northwest 21st Terr., Miami 42, Fla. (telephone, Franklin 1-6932).
E. E. Conklin, Chief, Fresh Products Standardization and Inspec-
tion Branch. Fruit and Vegetable Division, AMS, Washington
25, D. C. (telephone, Republic 7-4142, Ext. 5870).

Advance

notice

1 day. Do.

3 days.

Do.

Do.

(3) Inspection certificates shall cover only the quantity of cucumbers that is being imported at a particular port of entry by a particular importer.

(4) The inspections performed, and certificates issued by the Federal or Federal-State Inspection Service shall be in accordance with the rules and regulations of the Department governing the inspection; and certification of fresh fruits, vegetables, and other products (7 CFR Part 51). The cost of any inspection and certification shall be borne by the applicant therefor.

(5) Each inspection certificate issued with respect to any cucumbers to be imported into the United States shall set forth, among other things:

(i) The date and place of inspection;

(ii) The name of the shipper, or applicant;

(iii) The name of the importer (consignee);

(iv) The commodity inspected;

(v) The quantity of the commodity covered by the certificate;

(vi) The principal identifying marks on the containers;

(vii) The railroad car initials and number, the truck and trailer license number, the name of the vessel, or other identification of the shipment; and

(viii) The following statement, if the facts warrant; Meets U. S. Import requirements under sectión 8e of the Agricultural Marketing Agreement Act of 1937.

(f) Definition. (1) The term "U. S. No. 1," used in this section means the U. S. No. 1 grade as set forth in the United States Standards for Cucumbers (§§ 51.2220 to 51.2238, inclusive, of this title), including the tolerances set forth therein.

(2) All other terms have the same meaning as when used in the General Regulations (7 CFR Part 1060; 19 F. R. 7707, 8012) applicable to the importation of listed commodities.

Dated: November 8, 1957, to become effective November 18, 1957.

S. R. SMITH,

Director, Fruit and Vegetable Division,
Agricultural Marketing Service.

TITLE 7-AGRICULTURE

CHAPTER IX-AGRICULTURAL MARKETING SERVICE

(Marketing Agreements and Orders)

SUBCHAPTER B-PROHIBITIONS OF IMPORTED COMMODITIES

PART 1069-LIMES

§ 1069.1 Lime Regulation No. 1, as amended. Pursuant to the provisions of § 8e of the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U. S. C. 601 et seq.; 68 Stat. 906, 1047), paragraph (a) of § 1069.1 (Lime Regulation No. 1; 20 F. R. 6245) is hereby amended to read as follows:

(a) On and after the effective time hereof, the importation into the United States of any lot of limes which in the aggregate exceeds 250 pounds, net weight, is prohibited unless :

"(1) Such limes grade at least U. S. No. 2: Provided, That the requirement of such grade that the limes shall have good green color shall be applicable only to limes known as large fruited or Persian limes (including Tahiti, Bearss, and similar varieties); and

"(2) Each such importation is made in conformance with the General Regulations (7 CFR Part 1060; 19 F. R. 7707, 8012) applicable to the importation of listed commodities and the requirements of this regulation: Provided, That the provisions of § 1060.4 (c) of the General Regulations shall not apply."

It is hereby found that it is impracticable, unnecessary, and contrary to the public interest to postpone the effective time of this amendment beyond that hereinafter specified (5 U. S. C. 1001 et seq.) in that (a) the requirements of this amended import regulation are imposed pursuant to section 8e of the Agricultural Marketing Agreement Act of 1937, as amended (7 U. S. C. 601 et seq. 68 Stat. 906, 1047), which makes such regulation necessary; (b) such regulation imposes the same restrictions on imports of limes as the grade re

strictions applicable to the shipments of limes grown in Florida under Lime Order 1, as amended (§ 1001.301; 20 F. R. 4711, 4897, 6676; 21 F. R. 1819, 2650, 3872, 4256); (c) compliance with this amended import regulation will not require any special preparation which cannot be completed by the effective time hereof; (d) notice hereof in excess of three days, the minimum that is prescribed by said section 8e, is given with respect to this amended import regulation; (e) such notice is hereby determined, under the circumstances, to be reasonable.

(49 Stat. 753, as amended; 7 U. S. C. 601 et seq. Interprets or applies Sec. 401, 68 Stat. 907, as amended; 7 U. S. C. 608e-1)

Done at Washington, D. C., this 20th day of June, 1956, to become effective at 12:01 a. m., e. s. t., July 15, 1956.

S. R. SMITH,

Director, Fruit and Vegetable Division,
Agricultural Marketing Service.

TITLE 7-AGRICULTURE

CHAPTER IX-AGRICULTURAL MARKETING SERVICE

(Marketing Agreements and Orders)

SUBCHAPTER B-PROHIBITIONS OF IMPORTED COMMODITIES

PART 1070-CUCUMBERS

Cucumber Regulation-Amendment 1

Pursuant to regulations issued under Marketing Agreement No. 118 and Order No. 115 (22 F. R. 6083), regulating the handling of cucumbers grown in Florida, and in accordance with the requirements of § 8e of the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U. S. C. 601 et seq.; 68 Stat. 906, 1047), paragraph (b) Import restrictions of § 1070.1 (Cucumber Regulation No. 1; 22 F. R. 9045) is hereby amended to read as follows: (b) Import restrictions. During the period from December 8, 1957, to December 15, 1957, both dates inclusive and subject to the General Regulations (7 CFR Part 1060) applicable to the importation of listed commodities and the requirements of this section, no person shall import any cucumbers of any variety unless such cucumbers meet the requirements of U. S. No. 1, or better, grade, and are not larger than 21⁄2 inches in diameter.

It is hereby found that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice, engage in public rule making procedure, and postpone the effective date of this amendatory regulation beyond that herein specified (5 U. S. C. 101 et seq.) in that (i) the requirements established by this amended import regulation are issued pursuant to section 8e of the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U. S. C. 601 et seq.; 68 Stat. 906, 1047), which make such amended regulation mandatory; (ii) notice hereof is hereby determined to be reasonable in accordance with the requirements of the act and is not less than the minimum of three days as required by the act; (iii) the regulations hereby established for cucumbers that may be imported into the United States comply with grade, size, quality and maturity restrictions imposed upon domestic cucumbers under Marketing Agreement No. 118 and Order No. 115 (7 CFR 1015.301; 22 F. R. 8184, 8219, 8810, 8976, 9251); and (iv) compliance with this cucumber import regulation should not require any special preparation by importers which cannot be completed by the effectvie date hereof.

(Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. 608c. Interprets or applies Sec. 401, 68 Stat. 906, 1047; 7 U. S. C. 608e)

Dated November 29, 1957, to become effective December 8, 1957.

S. R. SMITH,

Director, Fruit and Vegetable Division,
Agricultural Marketing Service.

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DEAR SIR: This is a supplement to our letter of November 14, 1957, relating to cucumber import regulations issued pursuant to section 8e of the Agricultural Marketing Agreement Act of 1937, as amended. Attached are copies of Amendment No. 1 to Cucumber Regulation No. 1, which regulation went into effect November 18, to be effective through December 15, 1957.

The attached amendment will be in effect from December 8 through December 15, 1957, and specifies that all imported cucumbers must be of a size no larger than 22 inches in diameter in addition to the present requirement of meeting the U. S. No. 1 or better grade. The initial regulation contained no minimum or maximum size requirements.

General import regulations issued November 4, 1954, remain in effect, providing, among other things, that each shipment of cucumbers must be inspected prior to importation.

Very truly yours,

S. R. SMITH, Director, Fruit and Vegetable Division.

TITLE 7-AGRICULTURE

CHAPTER IX-AGRICULTURAL MARKETING SERVICE
(Marketing Agreements and Orders)

SUBCHAPTER B-PROHIBITIONS OF IMPORTED COMMODITIES

PART 1070-CUCUMBERS

Cucumber Regulation-Amendment 2-In Relief of Restrictions

Pursuant to regulations issued under Marketing Agreement No. 118 and Order No. 115 (2 F. R. 6083), regulating the handling of cucumbers grown in Florida, and in accordance with the requirements of § 8e of the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U. S. C. 601 et seq.; 68 Stat. 906, 1047), amended paragraph (b) Import restrictions of § 1070.1 (Cucumber Regulation No. 1; 22 F. R. 9045) as hereinafter set forth supersedes Cucumber Regulation No. 1-Amendment 1 (22 F. R. 9690) and reads as follows: (b) Import restrictions. During the period from December 8, 1957, to July 31, 1958, both dates inclusive, and subject to the General Regulations (7 CFR Part 1060) applicable to the importation of listed commodities and the requirements of this section, no person shall import any cucumbers of any variety unless such cucumbers meet the requirements of U. S. No. 2, or better grade.

It is hereby found that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice, engage in public rule making procedure, and postpone the effective date of this amendatory regulation beyond that herein specified (5 U. S. C. 1001 et seq.) in that (i) the requirements established by this amended import regulation are issued pursuant to section 8e of the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U. S. C. 601 et seq.; 68 Stat. 906, 1047), which make such amended regulation mandatory; (ii) the regulations hereby established for cucumbers that may be imported into the United States comply with grade, size, quality and maturity restrictions imposed upon domestic cucumbers under Marketing Agreement No. 118 and Order No. 115 (7 CFR 1015.301; 22 F. R. 8148, 8219, 8810, 8976, 9251, 9589); (iii) compliance with this cucumber import regulation should not require any special preparation by importers which cannot be completed by the effective date hereof; and (iv) this amendment imposes less severe restrictions on the importation of cucumbers than would be imposed by § 1070.1 Cucumber Regulation No. 1—Amendment 1 (22 F. R. 9690) if it were not amended. (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. 608c. Stat. 906, 1047; 7 U. S. C. 608e)

Interprets or applies Sec. 401, 68

Dated December 6, 1957, to become effective December 8, 1957.

FLOYD F. HEDLUND,

Acting Director, Fruit and Vegetable Division,

Agricultural Marketing Service.

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