---
kind: "section"
citation: "7 C.F.R. § 357.4"
title: "7"
number: "357.4"
heading: "Exceptions from the declaration requirement."
url: "https://uscodex.org/cfr/7/357.4"
---

# §357.4. Exceptions from the declaration requirement.


Plants and products containing plant materials are excepted from the declaration requirement if:

- (a) The plant is used exclusively as packaging material to support, protect, or carry another item, unless the packaging material itself is the item being imported; or
- (b) The plant material in a product represents no more than 5 percent of the total weight of the individual product unit, provided that the total weight of the plant material in an entry of products in the same 10-digit provision of the Harmonized Tariff Schedule of the United States does not exceed 2.9 kilograms.
- (c) A product will not be eligible for an exception under [paragraph (b)](#b) of this section if it contains plant material listed:
  - (1) In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);
  - (2) As an endangered or threatened species under the Endangered Species Act of 1973 ([16 U.S.C. 1531](/usc/16/1531.md) et seq.); or
  - (3) Pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction.

## Notes

### Amendments

[85 FR 12212, Mar. 2, 2020]

### Authority

Authority: 16 U.S.C. 3371 et seq.; 7 CFR 2.22, 2.80, and 371.2(d).

### Source

Source: 78 FR 40944, July 9, 2013, unless otherwise noted.

### Amendments

[85 FR 12212, Mar. 2, 2020]