Comment from José Sáenz Solís, General Direction of Basic Industries

August 12, 2008 María de Lourdes Guerrero Reyes, Economist Subdirector of Integration lguerr@economia.gob.mx SE, SIC, DGIB Insurgentes Sur 1940-2, Col. Florida Delegación Álvaro Obregón, C. P. 01030 Teléfono 01 55 52 29 61 11, Fax 01 55 52 29 65 08 Mexico, D. F. Mexico Docket No. APHIS-2008-0066, Notice of Availability of a Pest Risk Analysis for Importation of Guavas from Mexico into the United States. To Whom It May Concern: The Government of Mexico, through the México Secretaría de Economía (SE, Economy Secretary), Industry and Commerce Subsecretary (SIC), General Direction of Basic Industries (DGIB) has reviewed Docket No. APHIS-2008- 0066, “Notice of Availability of a Pest Risk Analysis for Importation of Guavas from Mexico Into the United States” and offers the following comments in response to the announcing the availability of your pest risk analysis for public review and comment. This document identifies and evaluates risks and discusses known risk mitigations and provides a pest risk analysis that evaluates the risks associated with the importation into the United States, of fresh guava fruit from Mexico. Having identified the pest risks involved in the importation of guava fruit from Mexico, the document proceeds to a discussion of risk management options. The proposed importation of guava fruit from Mexico, if approved, would be regulated by an amendment to the existing fruits and vegetables regulations, these outlines the phytosanitary measures that Animal and Plant Health Inspections Service (APHIS) will require if the proposed importation of guavas from Mexico is approved and documents the evidence used by APHIS to conclude that these measures will effectively prevent the introduction of quarantine pests. APHIS proposes that guava fruit from Mexico may be imported into the United States only under the following conditions: (1). The fresh guava fruit must be imported in commercial consignments as defined in 7 United States Code of Federal Regulations (CFR) 319.56-2. (2). The fruit must be irradiated with a minimum absorbed dose of 400 Gy and follow requirements of 7CFR parts 305.31 and 319.56. (3). Each shipment of fruit must be inspected by the Mexican National Plant Protection Organization (NPPO) inspectors and be accompanied by a Phytosanitary Certificate (PC) issued by the Mexican NPPO certifying that the fruit received the required irradiation treatment. The PC must also include an Additional Declaration (AD) that states: "The fruit in this shipment was treated by irradiation with a minimum absorbed dose of 400 Gy, inspected in and found free of Oligonychus biharensis, Oligonychus psidium, Mycovellosiella psidii, Pestalotiopsis psidii and Sphaceloma psidii." (4). Each shipment is subject to port-of-entry inspection and must be found free of: Oligonychus biharensis, Oligonychus psidium, Mycovellosiella psidii, Pestalotiopsis psidii and Sphaceloma psidii. In addition to these specific measures, the fresh guava fruit would be subject to the general requirements listed in 319.56-3 that are applicable to the importation of all fruits and vegetables. Based on that analysis, we believe that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests via the importation of guavas from Mexico. These measures will prevent plant pests from being introduced into and spread within the United States. The process for approving the importation of that commodity can be safely imported subject to one or more of the designated phytosanitary measures. A combination of measures in a systems approach is most feasible, will be adequate to reduce risk of their introduction into the United States. The specification and implementation of measures, as would be present in an operational work plan, are the scope of both countries (APHIS and the NPPO of Mexico will jointly develop it). It is correctly noted, that you have completed a pest risk assessment to identify pests of quarantine significance that could follow the pathway of importation into the United States and, based on that pest risk assessment, have prepared a risk management analysis to identify phytosanitary measures that could be applied to the commodity to mitigate the pest risk. In summary, the document Importation of Guava, Psidium guajava, from Mexico into the United States A Pathway-initiated, Commodity Risk Analysis June 2008, makes it clear a reliable systems approach of effective mitigation can be considered for safe importation of Mexican guavas into the U.S. After reviewing all the public submissions you will receive, we will hope that, considering the highest standards to the evaluation, that concluded that guavas can be safely imported into the United States from Mexico using one or more of the designated phytosanitary measures, we will get your announce in a subsequent notice, that you will begin issuing permits for importation of fresh guava fruit from Mexico into the United States subject to the requirements specified in the risk management analysis. We believe that, the phytosanitary requirements will result in the effective removal of the pests of concern from the pathway identified by the pest risk analysis for the importation of fresh guava fruit from Mexico. We consider that the entry in your country of guava fruit from Mexico, it will constitute a fort incentive to increase the market for Mexican products, to foment the productions, exports and the commercial flows from guava-producing Mexican States. For these reasons, we agree and we supported the proposal, also we are thankful that the pest risk analysis for Importation of Guavas From Mexico Into the United States, has concluded to determine the regulations measures that you are due to apply to the guavas coming from Mexico. Sincerely, JOSÉ GUADALUPE SÁENZ SOLÍS GENERAL DIRECTOR OF BASIC INDUSTRIES jsaenz@economia.gob.mx Martha Aurora Berzosa Olivares Area Director mberzosa@economia.gob.mx