9 C.F.R. PART 322—EXPORTS1
Title 9 - Animals and Animal Products
1 Attention is directed to the requirements of part 325 of this subchapter, governing transportation, and to the requirements of §318.8 of this subchapter that products prepared under that section for export be destroyed for food purposes before being sold or offered for sale for domestic use. Authority: 21 U.S.C. 601–695; 7 CFR 2.17, 2.55.
Source: 35 FR 15604, Oct. 3, 1970, unless otherwise noted.
(a) The outside container (including cloth wrappings) of any inspected and passed product for export, except ship stores, small quantities exclusively for the personal use of the consignee and not for sale or distribution, and shipments by and for the U.S. Armed Forces, shall be marked with an official export stamp, as shown in §312.8 of this subchapter, bearing the number of the export certificate. (b) Each tank car of inspected and passed lard or similar edible product, and each door of each railroad car or other closed means of conveyance, containing inspected and passed loose product shipped directly to a foreign country, shall be marked with an official export stamp, as shown in §312.8 of this subchapter, bearing the number of the export certificate. [42 FR 11825, Mar. 1, 1977, as amended at 50 FR 25204, June 18, 1985] (a) Upon application of the exporter, the inspector in charge is authorized to issue official export certificates for shipments of inspected and passed product to any foreign country. Certificates should be issued at the time the products leave the official establishment; if not issued at that time they may be issued later only after identification and reinspection of the products. (b) Official export certificates shall be issued with serial numbers and in triplicate form. Quadruplicate certificates may be issued for any exportation on request of the exporter. Each certificate shall show the names of the exporter and the consignee, the destination, the number and types of packages, the shipping marks, the kinds of products, and the weight of the products in accordance with §317.2 of this subchapter. (c) Only one certificate shall be issued for each consignment, except that for sufficient reasons new certificates in lieu of the original certificates may be issued. A certificate issued in lieu of another shall show in the left hand margin the notation “Issued in lieu of * * *”, and the number of the certificate which is superseded. The certificate that is superseded when another is issued in lieu thereof, shall if available, be surrendered to the inspector in charge and marked by him to show in the left hand margin the number of the certificate which supersedes it, as follows: “Superseded by No. __”. (d) The original of the certificate shall be delivered to the shipper and may be furnished by him to the consignee for purposes of effecting the entry of product into the foreign country of destination. (e) The duplicate of the certificate shall be delivered to the shipper and shall be delivered by the shipper to the agent of the railroad or other carrier which transports the consignment from the United States otherwise than by water, or to the chief officer of the vessel on which the export shipment is made, or to the vessel's agent and shall be used only by such carrier and only for the purpose of effecting the transportation of the consignment certified. The chief officer of the vessel or the vessel's agent, shipper or shipper's agent shall file such duplicate with the Customs officer within four (4) business days of the clearance of the vessel at the time of filing the complete manifest. In the interim period, the vessel will be cleared by Customs on the basis of a statement, under the shipper's or agent's letterhead, containing the number of boxes, the number of pounds, the product name and the USDA export certificate number that covers the shipment of the product. No clearance shall be given to a vessel carrying meat products unless either the duplicate of the certificate or the prescribed statement referencing the certificate has been presented to Customs. (f) The triplicate of the certificate shall be retained in the circuit file. (g) Under no circumstances shall the original or the triplicate of such certificate be used for the purpose prescribed by paragraph (e) of this section for the duplicate. (h) Upon request, official export certificates may be issued by inspectors for export consignments of product of official establishments not under their supervision, provided the consignments are first identified as having been “U.S. inspected and passed” and are found to be neither adulterated nor misbranded, and marked as required by §322.1. [35 FR 15604, Oct. 3, 1970, as amended at 42 FR 11826, Mar. 1, 1977; 51 FR 31938, Sept. 8, 1986] When inspected and passed products for export are transferred from tank cars to other containers on vessels, such transfer shall be done in accordance with the provisions of part 350 of subchapter B of this chapter. No clearance shall be given to any vessel having on board any product destined to any foreign country, and no person operating any vessel, and no railroad or other carrier, shall receive for transportation or transport from the United States to any foreign country, any products, unless and until an official export certificate covering the same has been issued and delivered as provided in this part; except in the case of inspected and passed ship stores and not more than 50 pounds of inspected and passed product for the exclusive personal use of the consignee and not for sale or distribution, and except for exempted product eligible for exportation under the provisions of the Act and the regulations in this subchapter and inedible product that is not capable of use as human food and is eligible for exportation under other provisions of said regulations. [38 FR 18868, July 16, 1973] No tallow, stearin, oleo oil, or the rendered fat derived from the carcasses of livestock, that has not been inspected and passed, and so marked in compliance with the regulations in this subchapter shall be exported, unless the product has been denatured as required by §314.5 or §325.13 of this subchapter or identified and marked as prescribed by §325.11 of this subchapter. [35 FR 15604, Oct. 3, 1970, as amended at 47 FR 17274, Apr. 22, 1982]
Title 9: Animals and Animal Products
PART 322—EXPORTS1
Section Contents
§ 322.1 Manner of affixing stamps and marking products for export.
§ 322.2 Export certificates; instructions concerning issuance.
§ 322.3 Transferring products for export.
§ 322.4 Clearance of vessels and transportation without certificate prohibited; exceptions.
§ 322.5 Uninspected tallow, stearin, oleo oil, etc., not to be exported unless certified as prescribed.
§ 322.1 Manner of affixing stamps and marking products for export.
top
§ 322.2 Export certificates; instructions concerning issuance.
top
§ 322.3 Transferring products for export.
top
§ 322.4 Clearance of vessels and transportation without certificate prohibited; exceptions.
top
§ 322.5 Uninspected tallow, stearin, oleo oil, etc., not to be exported unless certified as prescribed.
top
