Reminder- APHIS Requires Treatment/Marking of Regulated Wood Packaging Material Prior to Importation Effective September 16, 2005
This notice serves as a reminder to the trade that effective September 16, 2005, the Animal and Plant Health Inspection Service (APHIS) will begin requiring that all1 imported regulated wood packaging material (regulated WPM) imported under general permit be appropriately treated and marked to comply with the International Plant Protection Convention (IPPC) standard entitled, "Guidelines for Regulating Wood Packaging Material in International Trade" (ISPM 15).
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
(1See exemption below for most WPM from Canada and limited exception for WPM from Mexico border states.)
These new requirements are the result of an APHIS final rule published in September 2004. According to an APHIS guide and APHIS sources, there are no changes to this final rule as of July 7, 2005, and it will be effective for goods that are considered to be "landed in the U.S." or "imported" on or after September 16, 2005.
In addition, APHIS sources state that ISPM 15 is also being implemented by Mexico and Canada effective September 16, 2005. (See website of the North American Plant Protection Organization, www.nappo.org .)
(See ITT's Online Archives or 09/17/05, 09/20/04, and 09/23/04 news, 04091710, 04092020 and 04092320, for Parts I - III of BP summary of APHIS' final rule.)
Highlights from APHIS Final Rule
Regulated WPM. In its final rule, APHIS defines "Regulated WPM" as wood packaging material (WPM) other than manufactured wood materials, loose wood packing materials, and wood pieces less than 6 mm thick in any dimension, that are used or for use with cargo to prevent damage, including, but not limited to, dunnage, crating, pallets, packing blocks, drums, cases, and skids.
(In APHIS' final rule, "WPM" is defined as wood or wood products (excluding paper products) used in supporting, protecting or carrying a commodity (including dunnage).)
Heat treatment or methyl bromide fumigation required before importation. Regulated WPM imported under a general permit will be required by the final rule to have been, prior to import:
heat treated to achieve a minimum wood core temperature of 56 C for a minimum of 30 minutes, or
fumigated with methyl bromide in an enclosed area for at least 16 hours at certain specified dosages, to be followed by aeration to reduce the concentration of fumigant below hazardous levels.
(APHIS states in its preamble that under this final rule regulated WPM will not be required to be bark-free.)
Marking required before importation. Regulated WPM, prior to importation, will be required by the final rule to be marked in a specified format in a visible location on each article, preferably on at least two opposite sides of the article, with a legible and permanent mark, which includes the IPPC logo, the ISO country code for the producing country1, a unique producer number1, and a specified abbreviation (HT or MB) for the treatment type.
(1 According to APHIS' implementation guidelines, the ISO code is for the country of treatment, and the producer number is for the company responsible for ensuring the regulated WPM was properly treated.)
Unmarked regulated WPM may be immediately reexported. According to the final rule, an inspector at the port of first arrival may order the immediate reexport of regulated WPM that is imported without the above-described mark, in addition to or in lieu of certain referenced port of first arrival procedures. Separate APHIS guidelines also state that treatment or destruction will not be permitted.
Cargo may be separated from unmarked regulated WPM in certain situations, etc. Additionally, APHIS guidelines state that unmarked regulated WPM may be separated from the commodity being imported, if the inspector determines separation can be done without pest escape. A user fee will be assessed for supervising the separation of the regulated WPM from the cargo. APHIS also states that treatment will be allowed if hitchhiking (non-wood) pests are intercepted with IPPC marked regulated WPM.
Marking exemption for regulated WPM used by DOD. According to the final rule, regulated WPM used by the Department of Defense (DOD) to package nonregulated articles, including commercial shipments pursuant to a DOD contract, may be imported into the U.S. without the above-described mark.
China (including Hong Kong) SWPM regulations to be removed.In the preamble to its final rule, APHIS explains that as its new regulated WPM requirements apply to all countries (with an exemption for Canada and a limited exception for Mexico's border states, see below), it is removing its regulations for solid wood packing material (SWPM) from China, including Hong Kong.
(As a result, APHIS' regulatory definitions of solid wood packing material (SWPM), importer statement, and exporter statement are also being removed.)
Most WPM from Canada to continue to be exempt; WPM from Mexico to be subject to final rule (with limited exception for border states). Because a recent final rule removed the exemption for most unmanufactured wood, including WPM, imported from the Mexican border states, APHIS says in the preamble to its final rule that all WPM from Mexico - except for commercial and noncommercial shipments of mesquite wood for cooking and unmanufactured firewood, and small noncommercial packages of unmanufactured wood for personal cooking or personal medicinal purposes, the foregoing from the Mexican border states2 - will be subject to the same requirements that apply to WPM from any place but Canada.
(2 firewood, etc. limited exception articles are imported under general permit)
With respect to Canada, APHIS's regulations indicate that regulated articles from Canada are exempt from the regulated WPM final rule, and may be imported from Canada under general permit, except for (1) regulated articles of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the botanical family Rutaceae, and (2) regulated articles of pine (Pinus, spp.) that are not completely free of bark from provinces in Canada that are considered to be infested or partially infested with pine shoot beetle.
(APHIS sources add that eligible WPM must be 'declared" as being from Canada to be exempt.)
See final rule for complete details regarding these new treatment/marking requirements.
(See ITT's Online Archive 05/09/05 news, 05050920, for BP summary of APHIS' correction to the CFR due to this final rule's regulations being inadvertently incorporated into the CFR prior to the September 16, 2005 effective date.)
APHIS Final Rule (D/N 02-032-3, FR Pub 09/16/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-20763.pdf
APHIS guidelines on implementation of regulated WPM Regulation (with examples of marking requirements, etc.) available at http://www.aphis.usda.gov/ppq/swp/guidelines.pdf
APHIS WPM Web Page http://www.aphis.usda.gov/lpa/issues/wpm/wpm.html