811.612 Oranges/Spain/9
The Secretary of State to the Spanish Ambassador (Riaño)
Excellency: I have the honor to refer to your Note of December 12, 1925, and the Department’s reply of December 30, 1925,15 regarding the embargo imposed upon the importation of Spanish oranges into this country.
I have the honor to inform you that following consultation with the Department of Agriculture, I am now in receipt of a letter from the Secretary of Agriculture, dated January 29, 1926, explaining the action of the Federal Horticultural Board in refusing to issue further permits for the entry of Spanish oranges into this country. This letter reads in substance as follows:
“From reports transmitted to me by your Department, it is evident that there is a wide misunderstanding in Spain with respect to the restrictions enforced on account of risk from the Mediterranean fruit fly on the entry of Spanish oranges. These reports indicate that the idea obtains that action has recently been taken against Spain embargoing this fruit. The misconception which is the basis for this point of view is explained in the following statement summarizing the action of this Department restricting the entry of oranges and other fruits from foreign countries.
With the promulgation in 1923 of what is known as the fruit and vegetable quarantine (Quarantine No. 56) on account of fruit flies and other fruit pests, all foreign fruits other than as to a restricted list were forbidden entry into the United States, with minor exceptions as to certain countries. The list of fruits open to entry from all countries, and the exceptions as to certain countries with respect to other fruits, are indicated in Regulation 2 under the quarantine. As to citrus fruit, this action excluded all such fruit other than lemons and sour limes from all Mediterranean countries and South Africa, as well as from certain Central and South American countries, and, in general, trans-Pacific countries, in all of which dangerous fruit fly enemies were known to exist. This action was in line with restrictions long enforced against our own Territory of Hawaii on account of the establishment there of the Mediterranean fruit fly, except that the restrictions on Hawaiian fruit are even, more drastic than those [Page 723] established for foreign countries, and is in line with the existing action with respect to several of our States for the prevention of spread of dangerous fruit and crop pests.
The conditional entry of a certain type of Spanish orange was later authorized under an amendment to Regulation 2 of the Quarantine. This amendment, issued before the effective date (November 1, 1923) of the quarantine, added a paragraph entitled ‘General’, for the purpose of making provision for the entry of ‘such specialties as hothouse-grown fruits or other special fruits, which can be accepted by the United States Department of Agriculture as free from risk of carrying injurious insects, including fruit flies.’ Under this paragraph permits were later issued to two importers in the United States for the entry, for marmalade manufacture, of a bitter orange from southern Spain, under the condition that the fruit should be so carefully selected as to come to the United States free from infestation with fruit flies, and that it should go immediately into manufacture under adequate controls.
It will be noted that in issuing permits for this type of orange from Spain, involving, it is true, very inconsiderable imports, this was making an exception in favor of Spain to the general restriction on the entry of oranges from Mediterranean countries. Unfortunately, with the importations of the winter of 1924–25, the shipments of these oranges showed heavy infestation with the Mediterranean fruit fly. Such infestation evidently resulted from the fact that to secure the brilliant coloring which gives the particular merit to these oranges for marmalade manufacture, it is necessary to leave them on the trees until they become overripe, giving this fruit fly unusual opportunity to infest them. As already stated, the entry of these oranges was conditioned on their being so selected as to be free from such infestation, and, therefore, this status of affairs led to the revoking of the permits which were issued to the two American importers referred to. It will be noted that this involved no new quarantine action against Spain whatsoever, but was merely the reversal of a special privilege which had been given to Spanish exporters under certain conditions, which, unfortunately, could not apparently be fulfilled, and again placed Spain on an equality with other Mediterranean countries. Copies of the original issue of Quarantine 56 and of the various amendments which have been issued to Regulation 2 of that quarantine are enclosed.16
Another phase of the Spanish orange situation was brought to the attention of the Federal Horticultural Board in a personal interview last November by Sr. Fernando Silvela, Agricultural Adviser of the Spanish Government in Washington, who submitted an inquiry from a Canadian importer as to whether table oranges grown in the general Valencia district of Spain would be permitted entry at New York for immediate transportation and exportation in bond to Canada. The first decision of the specialists of the Department was adverse to such entry and Sr. Silvela was so advised under date of November 24, 1925.
This question of the entry of oranges from Spain and certain other countries for immediate transportation and exportation in bond to Canada was later given reconsideration, resulting in a general ruling [Page 724] that such fruit would be permitted entry at New York or other designated northern ports during the winter months of December, January and February, if found on inspection at the port of entry to be apparently free from fruit fly infestation. This action was taken under the general provision made by the Department with respect to any of its plant quarantines for the entry of prohibited or restricted plant products for immediate export or for immediate transportation and exportation in bond, when it can be shown that such entry and movement through the United States can be so safeguarded as to eliminate risk to the plant cultures of this country (see Immediate Export Regulations, copy enclosed).17
This ruling as applying to Valencia oranges was based on the advice that this orange ripens about the end of the year, at a season when the fruit fly is comparatively inactive, and is, therefore, little, if any, infested by the fly prior to the spring or summer following.
It is respectfully requested that this explanation of the restrictions on entry of oranges from Spain and other countries, together with the provision for winter entry of Valencia oranges for the Canadian market, be transmitted to the Spanish Ambassador in Washington.”
I would particularly call to your attention the fact that the embargo is general in its scope and applies to all countries in which the Mediterranean fruit fly is found, including all Mediterranean countries and South Africa, as well as the American territory of Hawaii. It therefore appears that the action of the Federal Horticultural Board in this instance cannot be considered as being directed specifically against Spanish oranges, which actually held a more privileged position under the embargo regulations than did the other countries affected thereby, a privilege which was withdrawn only after it had been discovered that the Spanish oranges imported into this country were, in fact, heavily infested with the Mediterranean fruit fly.
Accept [etc.]