CBP's 8th Update of its FAQ on APHIS' WPM Treatment and Marking Regulations

CBP notes in this update that on February 1, 2006, CBP's enforcement moved to Phase II, with enforced compliance of the regulation requiring exportation of non-compliant WPM.

Six New FAQs Added

CBP states that during Phase I, some additional questions were raised. Highlights of these questions, and CBP's response are as follows:

Requirement to annotate shipping documents with statement for Canada or U.S. origin WPM. In response to a question about whether CBP has a sense for the level of compliance with the requirement to annotate shipping documents with a statement regarding Canada or U.S. origin wood, CBP states that it does not have this specific information, but also notes that overall, Canada is extremely compliant. As an example, CBP states that for the last reporting week, there were 12,494 Canada origin lines examined and of these, only five lines were found to be noncompliant.

Goods exported from U.S. when the importing country refuses to let them in because the WPM are not marked. CBP states that the answer to the question of what happens if someone exports goods from the U.S. and the importing country refuses to let them in because the WPM are not marked, depends on the circumstances.

Basically, CBP states that it will permit return of U.S. origin goods another country has rejected because of violative WPM as long as the shipment has not left customs custody or control in any other country and the entry refusal reason accompanies the shipment.

A shipment that consists only of supposedly returned non-compliant U.S. WPM (that is, the violative WPM have been removed from the merchandise), is to be allowed entry only if there is acceptable proof that ties the WPM to the original export from the U.S. Any shipments of supposedly returned U.S. WPM that do not have acceptable documentation will be refused entry.

Stockpiling Canada and U.S. WPM in the EU to take advantage of the Canada origin exception.In response to the question of whether it is a good idea to take advantage of the Canada origin exemption by maintaining a stockpile of Canada and U.S. origin WPM in the European Union (EU) and using only that WPM for cargo to the U.S. and Canada, CBP states that it is not a good idea. According to CBP, the Canada and U.S. origin wood exception is based on a reciprocal agreement between these two countries only. The exception applies only to U.S. or Canada origin wood in commerce between the U.S. and Canada. In other words, the WPM need to be transiting directly into the U.S. from Canada or directly into Canada from the U.S.

Third-country maritime containers arriving on a T&E at a Canada-U.S. land border port that have violative WPM and are refused entry by the destination country. In response to a question of how third-country maritime containers arriving on a transportation and exportation (T&E) at a Canada-U.S. land border port should be handled if such a container has violative WPM and is refused entry by the destination country, CBP states that in cases of other country non-compliant WPM that have transited Canada or Mexico en route to the U.S. and are discovered at a U.S. port of entry, Canada or Mexico may allow the shipment to move in bond and under close scrutiny to an exit port.

According to CBP, the reciprocal is also true; that is, other country non-compliant WPM that have transited the U.S. en route to Canada or Mexico and are discovered at a Canadian or Mexican port of entry, may transit the U.S. on a T&E as long as any pest risk is mitigated and a PPQ Form 523 (clearly stating the transit and export conditions) accompanies the shipment. CBP states that if there is a paper inbond CBP document, it must be marked to indicate the intended disposition of the shipment.

Exemptions for boxes made to house ammo, fuel gauges, etc. In response to a question, CBP states that the exemptions for boxes made to house ammo, fuel gauges, etc. would not include boxes made to house any machinery, like on a cruise ship, or aircraft parts, etc. CBP states that this exemption refers to worked wood boxes, usually containing hinges, handles, and a molded or partitioned interior cradling feature, which are reused for the life of the non-regulated commodity. These boxes are usually (but not always) manufactured at the time of initial shipment of the commodity and generally are used for a unique item. They may, for example, house a unique antique armament or a specific, numbered fuel gauge.

According to CBP, the exemption does not refer to WPM used to contain articles on a one-time basis even if the box is made specifically for the commodity (for example, to ship a motorcycle, a generator, or airplane parts, or for articles being returned for repair).

Legibility of the IPPC stamp. CBP responds to a question of whether, if the IPPC stamp is not legible (as the high levels of condensation inside many containers sometimes make the stamp not readable), the WPM in the shipment should be considered noncompliant and the markings considered counterfeit, CBP states that the regulation says that the mark must be permanent and legible. Therefore, if the mark is not permanent or not legible, the WPM are violative. CBP states that it will not validate any mark; this activity is left to U.S. Department of Agriculture (USDA). CBP's responsibility under the regulation is to ensure that the WPM are legibly and permanently marked.

(See today's ITT, 06020305, for BP summary of CBP's update of its 3-phase plan for implementing the WPM treatment and marking regulatons.)

See ITT's Online Archives or 10/26/05 news, 05102605, for BP summary of CBP's 7th update of the FAQ. See ITT's Online Archives or 10/20/05 news, 05102010 for BP summary of CBP's 6th update of the FAQ. See ITT's Online Archives or 10/13/05 news, 05101310, for BP summary of CBP's 5th update of FAQ. See ITT's Online Archives or 09/19/05 news, 05091910, for BP summary of CBP's 4th update of FAQ. See ITT's Online Archives or 09/15/05 news, 05091510, for BP summary of CBP's 3rd update of FAQ. See ITT's Online Archives or 09/12/05 news, 05091210, for BP summary of CBP's 2nd update of the FAQ. See ITT's Online Archives or 08/24/05 news, 05082405, for BP summary of CBP's 1st update to the FAQ. See ITT's Online Archives or 08/09/05 news, 05080905, for BP summary of CBP's initial FAQ.)

February 1, 2006 version of WPM FAQ available at http://www.cbp.gov/linkhandler/cgov/import/commercial_enforcement/wpm/wpm_faq.ctt/wpm_faq.doc