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Ordering from international vendors

There is a vendor called xcplants that I recently discovered and I want to order from them but I'm not quite sure how to go about it. They are based in Thailand and their site is in Thai so google translate helps a lot. Aside from the language barrier what do I need permit-wise to order from them, all I want to order are N. ampullaria, N. campanulata,N. mirabilis var. echinostoma, and a few hybrids. Has anyone ever ordered from them before?
 
Warren is the king... This is a repost from Intl section...


I will attempt to clear some of the confusion and misconceptions regarding the legal importation of Plants (include plant parts) and Seed in the US.

As per Code of Federal Regulations (Agriculture) Title 7.319, United States Code Title 7 (Agriculture) and United States Code Title 19 (Customs and Duties). Violations are punishable by criminal and civil penalties per United States Code Title 18 (Crimes and Criminal Procedures) - basically fines and/or imprisonment up to $250,000 or six years incarceration.

These regulations apply regardless if you are given, trade or buy plants and seeds on eBay, a website or through some other form of communication.

Falsely declaring plant material as many eBay sellers do as "craft items" is violation of the US Code 19 Customs and Duties and you can be penalized for Customs violations.

Importing plants without the proper permits and Phytosanitary Certificates and bypassing the Plant Protection and Quarantine inspection is in violation of CFR 7.319.

You are dealing with two regulating and enforcement agencies - The Department of Homeland Security (Customs) and the USDA (APHIS). Either or both can bring charges against you, sometimes years apart.

Definitions:

Lot - is a standard term used in the grain and seed industry
The Seed Lot defined as: a quantity of seed that is uniform to percentage of pure commodity seed and the germination rates; other viable non-commodity seed & recognized noxious weed seed, organic and non viable inert contaminants.

From CFR Title 7:
§ 301.92–1 Lot. A contiguous block of plants of the same species or cultivar, of the same container size and and from the same source, if known.

§ 318.13–2 Lot. A number of units of a single commodity, identifiable by its homogeneity of composition and origin, forming all or part of a consignment.

Plant. Any plant (including any plant part) for or capable of propagation, including a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a seed.

Plants for planting. Plants intended to remain planted, to be planted or replanted.


Prohibited article.
Any plant for planting designated in §319.37–2 (a) or (b), except wood articles regulated under §§319.40–1 through 319.40–11, “Subpart—Logs, Lumber, and Other Unmanufactured Wood Articles.”

Regulated plant. A vascular or nonvascular plant. Vascular plants include gymnosperms, angiosperms, ferns, and fern allies. Gymnosperms include cycads, conifers, and gingko. Angiosperms include any flowering plant. Fern allies include club mosses, horsetails, whisk ferns, spike mosses, and quillworts. Nonvascular plants include mosses, liverworts, hornworts, and green algae.

Restricted article. Any plant for planting, excluding any prohibited articles listed in §319.37–2(a) or (b) of this subpart, any articles whose importation is not authorized pending pest risk analysis under §319.37–2a of this subpart, and excluding any articles regulated in §§319.8 through 319.28 or 319.41 through 319.74–4 of this part and any articles regulated in part 360 of this chapter.

<P STYLE="margin-bottom: 0in"><FONT SIZE=3><B>Permits and Certificates Required</B></FONT><FONT SIZE=3>:</FONT></P><P STYLE="margin-bottom: 0in"><BR></P><P STYLE="margin-bottom: 0in"><B>Small Seed Lots – 50 seeds, 10 grams or less of any one taxon, no more than 50 taxa per shipment </B></P><TABLE WIDTH=665 BORDER=1 BORDERCOLOR="#000000" CELLPADDING=4 CELLSPACING=0><COL WIDTH=213><COL WIDTH=214><COL WIDTH=213><TR VALIGN=TOP><TD WIDTH=213><P>Documentation</P></TD><TD WIDTH=214><P>Required</P></TD><TD WIDTH=213><P>Notes</P></TD></TR><TR VALIGN=TOP><TD WIDTH=213><P>PPQ 587</P></TD><TD WIDTH=214><P>Yes</P></TD><TD WIDTH=213><P>Registered For Small Seed Lots</P></TD></TR><TR VALIGN=TOP><TD WIDTH=213><P>Phytosanitary Certificate</P></TD><TD WIDTH=214><P>No</P></TD><TD WIDTH=213><P STYLE="font-weight: normal">seed must be free of any pests,diseases, plant or non-plant material other than seed</P></TD></TR><TR VALIGN=TOP><TD WIDTH=213><P>CITES (PPQ 621)</P></TD><TD WIDTH=214><P>Yes*, to applicable species</P></TD><TD WIDTH=213><P>Shipper must include copies of their CITES certificates</P></TD></TR></TABLE><P STYLE="margin-bottom: 0in"><BR></P><P STYLE="margin-bottom: 0in"><BR></P><P STYLE="margin-bottom: 0in; page-break-before: always"><B>Plants or Seed – for Lots of 13 or more or seed quantities greater than 50 seeds or 10 grams</B></P><TABLE WIDTH=665 BORDER=1 BORDERCOLOR="#000000" CELLPADDING=4 CELLSPACING=0><COL WIDTH=213><COL WIDTH=214><COL WIDTH=213><TR VALIGN=TOP><TD WIDTH=213><P>Documentation</P></TD><TD WIDTH=214><P>Required</P></TD><TD WIDTH=213><P>Notes</P></TD></TR><TR VALIGN=TOP><TD WIDTH=213><P>PPQ 587</P></TD><TD WIDTH=214><P>Yes</P></TD><TD WIDTH=213><P>Registered for General Importation of Plants</P></TD></TR><TR VALIGN=TOP><TD WIDTH=213><P>Phytosanitary Certificate</P></TD><TD WIDTH=214><P>Yes</P></TD><TD WIDTH=213><P>Certifies plants are free of pests and disease and meets importrequirements of US</P></TD></TR><TR VALIGN=TOP><TD WIDTH=213><P>CITES (PPQ 621)</P></TD><TD WIDTH=214><P>Yes*, to applicable species</P></TD><TD WIDTH=213><P>Shipper must include copies of their CITES certificates</P></TD></TR></TABLE><P STYLE="margin-bottom: 0in"><BR></P><P STYLE="margin-bottom: 0in"><B>Plants or Seed – for Lots of 12 or less (where qty of seed > 50 seeds or 10 grams per taxa)</B></P><TABLE WIDTH=665 BORDER=1 BORDERCOLOR="#000000" CELLPADDING=4 CELLSPACING=0><COL WIDTH=213><COL WIDTH=214><COL WIDTH=213><TR VALIGN=TOP><TD WIDTH=213><P>Documentation</P></TD><TD WIDTH=214><P>Required</P></TD><TD WIDTH=213><P>Notes</P></TD></TR><TR VALIGN=TOP><TD WIDTH=213><P>PPQ 587</P></TD><TD WIDTH=214><P>No</P></TD><TD WIDTH=213><P><BR></P></TD></TR><TR VALIGN=TOP><TD WIDTH=213><P>Phytosanitary Certificate</P></TD><TD WIDTH=214><P>Yes</P></TD><TD WIDTH=213><P>Same as above</P></TD></TR><TR VALIGN=TOP><TD WIDTH=213><P>CITES (PPQ 621)</P></TD><TD WIDTH=214><P>Yes*, to applicable species</P></TD><TD WIDTH=213><P>Same as above</P></TD></TR></TABLE><P STYLE="margin-bottom: 0in"><BR></P><P STYLE="margin-bottom: 0in">* CITES permits are not required if plants were propagated from tissue culture and sent in sealed flasks and sterile media. However they must be accompanied by certificates of artificial propagation or export permits.</P><P STYLE="margin-bottom: 0in"><BR></P><P STYLE="margin-bottom: 0in">Plants – see above for definitions</P><P STYLE="margin-bottom: 0in"><BR></P><P STYLE="margin-bottom: 0in"><B>Costs (as of February 2012)</B></P><TABLE WIDTH=665 BORDER=1 BORDERCOLOR="#000000" CELLPADDING=4 CELLSPACING=0><COL WIDTH=323><COL WIDTH=324><TR VALIGN=TOP><TD WIDTH=323><P>PPQ 621 (CITES)</P></TD><TD WIDTH=324><P>$70 USD</P></TD></TR><TR VALIGN=TOP><TD WIDTH=323><P>PPQ 587</P></TD><TD WIDTH=324><P>free</P></TD></TR><TR VALIGN=TOP><TD WIDTH=323><P>Phytosanitary Certificates</P></TD><TD WIDTH=324><P>Determined by the Issuing Country, cost is passed on to the importer/buyer. Some countries require one certificate per taxon, others one per shipment. Costs are subject to currency exchanges rates. Costs range from $20 to over $200 USD</P></TD></TR></TABLE><P STYLE="margin-bottom: 0in"><BR></P><P ALIGN=LEFT STYLE="margin-bottom: 0in; font-weight: normal"><BR></P>

Regardless of which permits and certificates are required all plant material must pass through one of the Plant Protection and Quarantine inspection centers on entering the US.


I contacted a Senior Import Specialist at the APHIS Headquarters in Riverdale, MD with these specific questions:

Q: A phytosanitary certificate is not required for plants in-vitro with
sterile media, e.g. sealed in a tissue culture flask and growing media.
Is this correct?


A: No all plants for propagation require a phytosanitary
certificate unless an import permit instructs otherwise or the commodity
is prohibited entry into the USA. The Phyto reflects the inspection of the
exporting country that the plants is the shipment meet the entry
requirements of the USA.


Q: Are plants shipped in this manner required to enter the US through a PPQ
inspection center?


A: Yes

Q: Are tubers or gemmae eligible for the Small Seeds Permit provided the
50 count or 10 grams per taxon is not exceeded?


A: No the small lots of seed is for seed not vegetative plant material.
Tubers are not seed.


Q: Or is a phytosanitary certificate required regardless?

A: A Phytosanitary certificate is required for all propagative plant material
and sometimes for non propagative plant material that is eligible for
entry into the USA.

See also this circular from APHIS that explains the obligations that a foreign shipper and importer must fulfill to legal import plants and seed to the US. A copy of this should be sent to the party exporting the plants or seed. It is available in several languages:
http://www.aphis.usda.gov/plant_health/permits/downloads/q37-2circular.pdf

If you have any questions contact APHIS:

Contact Permit Services:
Telephone (301) 734-0841 or (877) 770-5990 (Toll-Free Automated System); Fax (301) 734-4300; Email: Permits@aphis.usda.gov
 
So I need to supply the PPQ 587 and PPQ 621 permits and they have to provide the phytosanitary certificate and thats it?
 
Technically, it looks like NaN has the bases covered.

However, one aspect I'd like to add is the element of compliance, especially when dealing with others who may not have a strong grasp/comprehension of the English language**. Since I've received my permits, I have both traded with & purchased from a number of people/vendors. Over time, to simplify their efforts (& hopefully improve compliance), I have created a package that is almost foolproof. However, there are some people, no matter what instructions they receive, no matter how well the package is constructed, no matter what I tell them in emails --- who will ignore everything, bypass the pre-constructed package and ship the materials directly to my house.

While none of my orders have contained material requiring PPQ 621, another member of this forum, importing material which did require a PPQ 621, had a similar experience with sender compliance. However, unlike me, his material was confiscated and he was fined a significant chunk of $$$ (iirc it was $2500).


** or who simply choose to ignore all instructions ..... :0o:
 
RL7836 would you mind pming me that packet? minus the permits obviously
 
so another question, how do i know which plants require a PPQ 621 permit? From what I've read all Nepenthes require a CITES permit to import is this correct?
 
Last edited:
what about seeds do the seller supply the ppq 587
 
from what I have read you (the buyer) always provide a PPQ 587 and PPQ621(if necessary), they should supply a phytosanitary certificate and whatever permits they need to export from their country. There are exceptions for seeds i'm just not sure what those are since I don't plan on dealing with seeds.
 
Just a note.. USDA will look for both permits if you are importing plants. Regardless if 621 is needed or not.. If you want to avoid USDA hassels and trying to explain what permits you should and shouldn't need.. get both.

Nepenthes plants are all listed on CITES so yes the exporter must supply an export CITES permit from the country of origin along with phyto.
 
  • #10
Thanks for the clarification Tony!
 
  • #11
FYI

http://icps.proboards.com/index.cgi?action=display&board=nepenthes&thread=2420&page=1#16415

This is my claim to fame in the cp community. Five or so years ago, I tried to import some plants from a guy in Malaysia. It was some mature large red sanguinea and ramispina from "a local nursery."
When you get a 587, you need to state which ports you want to try and use from their list. I did not, so did not get the stickers. I then called and the stickers were being mailed.
I had already had the permit when I bought the plants-just not the stickers. While I was waiting for them, the seller got impatient and shipped them, marking them as "Children's Toys."
They got discovered in Indianapolis(sniffed out by beagles, lol, which I have one), and destroyed. They also had some bugs they found.
I got visted by the USDA(at work, no less), showed them my permit, explained what happened and they went on their merry way. No problem, right?
WRONG!
I got a letter saying I was being fined for $2500 for smuggling.
I called both agents to ask how this was possible. One thought I had a good case, the other thought I had no leg to stand on. Anyway, since I intiated the movement of the plants to the US, I was considered a smuggler(since the seller lied). I talked to my lawyer, and he said to research the case, etc, it would cost at least as much as $2500. I was going to defend myself, but as Aidan said, I discovered if the judge did not see things my way, he/she could raise the fine up to $10,000! So I paid the $2500.
If the USDA would find the plant, I would guess(unless the vendor lies) that nothing this severe would happen, but that's just a guess.
This person sells a lot on eBay. I would ask him to hold it and get the documentation.

Cheers,

Joe
 
  • #12
NAN I do not plan on ordering from anyone until I have all of my permits in place.
 
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