Reminder on U.S., Canada, and Mexico's February 1, 2006 Phase 2 Enforcement for Wood Packaging Materials

APHIS stated that it was implementing these WPM requirements in three phases, with Phase 1 starting on September 16, 2005 and ending on January 31, 2006, Phase 2 occurring during the period of Feb 1, 2006 - July 4, 2006, and Phase 3 beginning on July 5, 2006 forward.

At the same time, APHIS, along with U.S. Customs and Border Protection (CBP), stated that Canada and Mexico, who with the U.S. are members of the North American Plant Protection Organization (NAPPO), would also be implementing their ISPM 15 regulations in three phases.

The U.S. and Canada appear to be implementing these three phases on the same schedule but somewhat differently, while Mexico appears to be implementing two phases only. The three countries' phases, according to their, or NAPPO's posted information, are highlighted below:

United States

Phase 1 - Informed Compliance (September 16, 2005 - January 31, 2006). Informed Compliance via account managers and notices posted in connection with cargo that contains non-compliant WPM. Noncompliant shipments will not be required to be exported.

Phase 2 - Rejection of Violative Crates/Pallets; Informed Compliance for Other Types of WPM (February 1, 2006 through July 4, 2006). Rejection of violative crates and pallets through re-exportation from North America begins. Informed compliance via account managers and notices posted in cargo with other types of non-compliant WPM shall remain in force.

Phase 3 - Full Enforcement (begins July 5, 2006).Full enforcement on all articles of regulated WPM entering U.S. and North America. Non-compliant regulated WPM will not be allowed to enter the U.S.

Canada Exception. WPM made entirely of Canadian origin wood or U.S. origin wood are exempt from the treatment and marking requirements in trade coming directly to the U.S. from Canada or directly to Canada from the U.S.

For imports, this means that the country of origin of the associated merchandise is the country of origin of the WPM absent indication to the contrary.

Therefore, if the country of origin of the goods is Canada, and the goods are coming directly from Canada into the U.S., the country of origin of the WPM is also Canada absent an indication to the contrary, and the WPM is exempt from regulation.

If the country of origin of the goods is, for example, China, and the goods are coming directly from Canada into the U.S., the country of origin of the WPM is also China absent an indication to the contrary, and the WPM needs to be treated and marked.

If, to follow this example, the country of origin of the merchandise is China, but it has been repackaged in Canada on Canada WPM, and the shipment is coming directly from Canada into the U.S., the country of origin of the WPM is China absent an indication to the contrary. A statement is the simplest way to provide CBP with an indication to the contrary.

Canada

Phase 1 - Notices of Non-Compliance; no Post-Entry Treatment. (September 16, 2005 - January 31, 2006). Shipments with WPM found to be infested are refused entry. Notices of non-compliance will continue to be issued to importers where no pests are found, but where shipments are non-compliant. Post-entry treatment of infested WPM will be discontinued.

Phase 2 - Shipments without Mark Refused Entry. (February 1, 2006 through July 4, 2006). All shipments found to have infested WPM, or that are lacking an ISPM 15 mark or a phtyosanitary certificate, will be refused entry, whether or not signs of pests are detected.

Phase 3 - All Non-Compliant WPM Refused Entry (begins July 5, 2006). Canada will refuse entry on all non-compliance WPM.

U.S. Exception. Both Canada and the U.S. have agreed not to regulate WPM moving between the two countries, but rather to recognize that the existing pest specific regulatory controls already in place as sufficient protection. As such, requirements for treatment will not be applied to Canadian wood packaging moving to the continental United States or vice versa. Such recognition will allow Canada to focus inspection resources on other high risk countries to ensure compliance. Canadian or U.S. untreated wood that has moved overseas is not eligible to re-enter Canada without treatment. The identity of the wood can not be confirmed and as such must be treated prior to return as wood packaging.

In addition, shipments moving from Canada to the U.S. must be accompanied by a declaration on the shipping or customs documents stating that the wood packaging is derived from trees harvested in the U.S. or Canada.

Mexico

Phase 1 - Random Visual Inspection, Importer Must Treat Shipments without Mark, etc. (September 16, 2005 - January 31, 2006)Mexico to conduct random visual inspections to verify compliance with ISPM 15. If WPM presents the authorized mark and if there is not evidence of infestation then the officials will allow the shipment to continue into Mexico. If the mark is missing, the importer must either apply the appropriate phytosanitary treatment, dispose of the WPM and replace it with national packaging free of evidence of live pests or replace it with a material other than wood, or return the wood packaging to the country of export.

Phase 2 - Treatment, Mark Required Prior to Entry. (begins February 1, 2006).WPM arriving to Mexican entry points without the approved treatment identity mark must, prior to entry into Mexico, apply one of the authorized phtyosanitary treatments to the packaging material and apply the certification mark, or substitute with packaging material that complies with the current regulation or use non-wood packaging material and return all non-compliance materials to the exporting country.

APHIS information on WPM available at http://www.aphis.usda.gov/ppq/wpm/

CBP information on WPM available at http://www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm/

Canadian government information at http://www.inspection.gc.ca/english/plaveg/for/cwpc/wdpkge.shtml

Mexican government WPM information available at http://www.nappo.org/Standards/Other-Docs/NOM144Final-e.pdf and http://www.nappo.org/Standards/Other-Docs/NOM144Final-e.pdf

(The above links are alsoavailablefrom www.nappo.org )