USA illegal orchid list?

[Bill U.]

Hi everyone,
This is a question for the members that are much more well-versed in the orchid legality status in the USA than I. Is there a listing or guidelines to distinguish what species orchids (especially Paphs and Phrags) that are not legal to import to the USA or trade within the States? As I understand it, the CITES Appendix-I plants can be imported with CITES permits, but if they are artificially propagated plants in flask they don't need a special permit from USDA/USFWS? (apart from the regular orchid import permit of P-587) And then if flasks were imported with certificates, etc, can they be freely traded/sold within the US?

Any help is greatly appreciated!
-Bill

[Orchid Whisperer]

Unless there are import-export professionals on Orchidboard, you should ask the US Department of Agriculture this question. You should also do any importing through a company that already has the required permits in place.

[Ray]

One of the problems is that the US Fish & Wildlife Service that is charged with enforcing CITES on such imports, sometimes chooses to interpret things more severely.

Yes, artificially propagated species in-vitro are exempt under CITES, but the USFWS has been known to block imports anyway.

For example, paphs coming out of Vietnam were disallowed altogether, because the authorities there had never issued any CITES export documentation. Those flasks being exempt meant nothing.

[Bill U.]

Originally Posted by Ray

Yes, artificially propagated species in-vitro are exempt under CITES, but the USFWS has been known to block imports anyway.

For example, paphs coming out of Vietnam were disallowed altogether, because the authorities there had never issued any CITES export documentation. Those flasks being exempt meant nothing.

Thanks for the info, Ray! If I understand you correctly, does that mean that flasks containing paphs from Vietnam aren't allowed in? Or is it that flasks containing any of the paphs, etc., that originate from Vietnam such as Paph vietnamense, Paph villosum, etc. aren't allowed even if the flask is not coming from Vietnam?

A large reason why I am asking is that I found some great species flasks and plants from Hung Shen Orchids in Taiwan of Paphs, but obviously, I don't want to lose a shipment due to USFWS/USDA denying entry. It sounds like I might have to follow up with them for clarification as well.

[orchidsarefun]

If the vendor is charging you for import permits/ documentation and that import is subsequently confiscated here, I would think you'd get a refund/ have a valid credit card claim.

[Fairorchids]

it is not the sellers responsibility. The responsibility is 100% on the buyer, who must:

A. Obtain an import license (from the Feds).
B. Make sure that he/she is not buying something that is banned, check CITES.
C. Clear the plants through US Customs AND plant inspection (there are only a few offices authorized to inspect & release plants [One is in Linden, NJ]).

[Ray]

You missed a step, Kim - the buyer must also purchase from a reputable vendor who can provide the proper export documentation.

[Fairorchids]

Originally Posted by Ray

You missed a step, Kim - the buyer must also purchase from a reputable vendor who can provide the proper export documentation.

True.

I should also add, that buyer must specify how to route the shipment. Not all carriers will accept live plants.

Note: Plant inspectors do not come to the air port, so shipment must travel from air port to inspection station by bonded courier (= extra cost). Then, after inspection & release, you must have arrangements in place for shipment to be picked up and delivered to you.

[Ray]

If you have a hobby import permit from APHIS, you must send the provided labels to the foreign seller. They must affix one to the outside of the package (I recommend asking them to put one inside, as well, to be safe), and ship by Express Mail (EMS).

With the label on the package, it will automatically be directed to the APHIS inspection station most directly on the route. For example, coming out of South America coming to me in NC, that's Miami. When I lived in NJ, that was Jamaica NY.

After inspection of plants and documents, if all is well, the inspection station will ship them to you via USPS Express mail at no additional charge.

[Bill U.]

So Ray, if I understand you correctly, I dont have to designate an inspection station when I create the label? EMS will send it directly to the appropriate one? And as a separate question to the process- do I have notify Customs that the shipment is coming?