offered for importation, on a form provided for this purpose by the Department of Agriculture and (b) the declaration of labeling required in § 201.228a. [26 F.R. 10150, Oct. 31, 1961]

§ 201.216 Forwarding samples.

Samples from the various ports shall be forwarded to seed laboratories in accordance with instructions of the Agriculutral Marketing Service to be furnished to customs offcers from time to time.

[6 F. R. 3961, Aug. 8, 1941, as amended at 10 F. R. 13489, Nov. 1, 1945]

§ 201.217 Notice to consignee.

The collector of customs shall immediately notify the owner or consignee that samples of seeds or screenings have been drawn and that the shipment shall be held intact pending a decision of the Agricultural Marketing Service in the matter.

[5 F.R. 39, Jan. 4, 1940, as amended at 10 F. R. 13489, Nov. 1, 1945]

§ 201.218 Delivery under bond.

After samples of seed or screenings offered for importation into the United States from any foreign country have been drawn, such seed or screenings shall be admitted into the commerce of the United States only after the seed or screenings have been found to meet the requirements of the act and the regulations in this part except for those lots not tested for pure live seed due to application of statistical inspection techniques as provided in section 302(a) of the Act, Provided, however, That if each container of such seed or screenings is stenciled or labeled to show the name of the kind, or the kind and variety, and a lot number or other designation identifying the lot of seed, collectors of customs may release from customs custody for delivery to the owner or consignee shipments which have been sampled, pending examination and decision in the matter, upon the execution on the appropriate form of either a customs single-entry bond or a customs term bond in such amount as is prescribed for such bond in customs regulations in force on date of entry, which bond shall contain a condition for the redelivery of the seed or screenings or any part thereof upon demand of the collector of customs at any time. Prior to being so admitted, the seed or screenings shall be kept intact and not tampered with in any way, or

removed from the containers except under supervision as provided by regulation. The bond shall be filed with the collector of customs, who, in case of default, shall take appropriate action to effect the collection of liquidated damages equal to the value of the entire shipment as set forth in the entry plus the estimated duty thereon, if any.

[6 F. R. 3961, Aug. 8, 1941, as amended at 24 F.R. 2269, Mar. 24, 1959; 32 F.R. 12155, Aug. 24, 1967]

§ 201.219 Notice of removal.

The owner or consignee shall keep the Agricultural Marketing Service informed as to the location of seed or screenings subject to the act, after sampling by the collector of customs but before being finally admitted into the commerce of the United States.

[5 F.R. 40, Jan. 4, 1940, as amended at 10 F. R. 13489, Nov. 1, 1945]

EVIDENCE AS TO COUNTRY OR REGION WHERE SEED WAS GROWN

(c) If the information contained in the certificate or declaration provided for in paragraphs (a) and (b) of this section is not sufficient to establish the country or region of origin of the seed, or if the consular invoice is not accompanied by such certificate or declaration, other evidence as to the origin may be considered, or the seed may be permitted entry after being stained 10 percent red.

[5 F.R. 40, Jan. 4, 1940, as amended at 14 F. R. 335, Jan. 26, 1949]

EXEMPTIONS, DECLARATIONS AND LABELING § 201.221

Exemptions.

(a) Shipments through the United States. Seed shipped in bond through the United States is not subject to the import requirements of the act.

(b) United States seed returned. Seed which has been grown in the United States, exported, and returned from a foreign country, is not subject to the prohibition against the importation of seed that is adulterated or unfit for seeding purposes: Provided, That proof in the form of statements or other documents, furnished by the United States importer to the Seed Branch, Agricultural Marketing Service, United States Department of Agriculture, establishes that (1) the seed was grown in the United States and was exported, (2) the seed was not admitted into the commerce of a foreign country, and (3) the seed was not commingled with other seed after being exported. The information required in subparagraph (1) of this paragraph shall include the quantity of seed and number of containers, the date of exportation from the United States, the distinguishing marks on the

containers at the time of exportation, and the name and address of the United States exporter. The information required in subparagraphs (2) and (3) of this paragraph shall be contained in a statement or document issued by a customs or other Government official of the foreign country.

(c) Seed for experimental or breeding purposes. Any lot of seed imported for sowing for experimental or breeding purposes and not for sale is not subject to the prohibition against the importation of seed that is adulterated or unfit for seeding purposes: Provided, That (1) a declaration is filed by the importer with the Seed Branch, Consumer and Marketing Service, United States Department of Agriculture, as specified in this paragraph, and (2) the quantity of seed in the lot will not exIceed that shown in table 4 in § 201.221& for such seed. Seed imported for increase purposes only will not be considered to be imported for experimental or breeding purposes. The declaration required to be filed shall be substantially as shown in paragraph (d) of this section.

(d) Seed for seed production only. Any lot of seed imported for sowing for seed production only, by or for the importer or consignee, and not to be sold within the United States is not subject to the prohibition against the importation of seed that is (1) adulterated or unfit for seeding purposes because of low pure live seed, or (2) required to be stained: Provided, That a declaration is filed by the importer with the Seed Branch, Grain Division, Agricultural Marketing Service, U.S. Department of Agriculture, substantially as specified below:

(c) If any seed enumerated in this section is declared for seeding purposes and is found upon examination by the Agricultural Marketing Service not to meet the requirements of the Federal Seed Act, the importer shall be permitted to withdraw his declaration made under this section upon notification from the Agricultural Marketing Service that the seed may be released for feeding or manufacturing purposes. In this event, the importer shall be required to file a new declaration that no part of the importation will be used for seeding purposes.

(d) The collector of customs shall notify the Department of Agriculture of any change in the nature of a declaration made under this section.

(e) The invoice and any other labeling pertaining to agricultural or vegetable seed offered for importation shall bear the lot identification, the name of each kind and variety of vegetable seed present, or kind or kind and variety of agricultural seed present, in excess of 5 percent of the whole, and the designation

"hybrid" when it is hybrid seed as defined under § 201.2(y).

(f) Any agricultural seed or mixture thereof or any vegetable seed or mixture thereof offered for importation for seeding purposes that has been treated shall be labeled as provided in § 201.31(a) of the regulations of the Secretary of Agriculture.

[5 F.R. 40, Jan. 4, 1940, as amended at 6 F.R. 3961, Aug. 8, 1941; 10 F.R. 9949, Aug. 11, 1945; 14 F.R. 6459, Oct. 22, 1949; 20 F.R. 7856, Oct. 19, 1955; 22 F.R. 6587, Aug. 16, 1957, 24 F.R. 2270, Mar. 24, 1959, 26 F.R. 10150, Oct. 31, 1961, 28 F.R. 6871, July 4, 1963; 32 F.R. 12155, Aug. 24, 1967; 35 F.R. 7411, May 13, 1970; 35 F.R. 19497, Dec. 23, 1970]

SCREENINGS

§ 201.223 Screenings prohibited entry. Screening of all seed subject to the Federal Seed Act are prohibited entry into the United States except as provided under § 201.224.

[5 F.R. 40, Jan. 4, 1940]

§ 201.224 Screenings permitted entry.

Screenings consisting of wheat, oats, rye, barley, buckwheat, field corn, sorghum including broomcorn, flax, millet, Proso, soybeans, cowpeas, field peas, and field beans may be imported, provided such screenings are not imported for seeding purposes and are so declared by the words "screening for processing, not for seeding" in the invoice or other papers required to be presented to the collector of customs.

[5 F.R. Jan. 4, 1940, as amended at 24 F.R. 2270, Mar. 24, 1959]

SEED ADULTERATED OR UNFIT FOR SEEDING PURPOSES

§ 201.225 Cleaning or processing.

Seed which is found under the provisions of the act to be adulterated or unfit for seeding purposes may be cleaned or processed under the supervision of an employee or authorized agent of the U.S. Department of Agriculture. The cleaning or processing shall be at the expense of the owner or consignee who shall reimburse the Government for all expenses incurred in connection with such supervision, including travel, per diem or subsistence, and salaries of officers or employees of the United States. Travel and per diem or subsistence expenses shall be reimbursed at the rate allowed for employees of the United States in accordance with Standardized Government Travel Regulations. Salary shall