U.S. and Canada Plan to Terminate Their Mutual ISPM 15 Exemption for Wood Packaging Material

Both countries are working to develop a multi-year phase-in period for implementing ISPM 15 for each other's WPM.

According to sources at the Animal and Plant Health Inspection Service, the U.S. and Canadian implementation schedules are expected to be the same or quite similar, with only one major difference - Canada would precede its period of informed compliance with a period of adjustment. The informed compliance period for each country would start on the same date. Once informed compliance begins, their implementation schedule would be expected to be the same.

(In July 2008, the Canadian Food Inspection Agency proposed the following phase-in approach for implementing ISPM 15 for U.S. and Canada WPM:

Phase 1: Would consist of a 12-month period to allow industry and stakeholders to adjust their operations to comply with the ISPM No. 15 standard for wood packaging material circulating between Canada and the U.S.

Phase 2: Following the first 12 months, there would be a one year period where industry would receive notices (informed compliance) to indicate that they will have to comply with the requirements in the future. Notices would be delivered to importers/brokers in connection with any cargo found to contain non-compliant WPM.

Phase 3: A subsequent 8-month period of enforcement action on non-compliant pallets and crates would follow Phase 2. Shipments containing non-compliant WPM would not be allowed to enter Canada. Importers/exporters with cargo containing other types of non-compliant material (dunnage, spools, blocking and bracing) would receive notices (informed compliance) to indicate they will have to comply with the requirements in the future.

Phase 4: At the beginning of the fourth phase, full enforcement would commence on all articles of regulated WPM including dunnage moving between the U.S. and Canada. Shipments containing non-compliant WPM would be refused entry.

The U.S. has not posted a proposed phase-in plan. However, APHIS sources state that it should be similar to the 2005 three-step phase-in plan that was used for the implementation of ISPM 15 for countries other than Canada, and hopes that ISPM 15 is in place for both the U.S. and Canada in two years. Note that the three phases of the 2005 U.S. schedule are substantially similar to Phases 2 - 4 that Canada has proposed.)

The CFIA states that implementing ISPM 15 for WPM produced in Canada and the U.S. would enhance the protection of forests against pests of quarantine concern, and allow for more opportunities for the use of such WPM in the international marketplace, where ISPM 15 is required.

(International Standard for Phytosanitary Measures 15, Guidelines for Regulating Wood Packaging Material in International Trade, was adopted by the IPPC in 2002 (and amended in 2006) and calls for affected WPM to be either heat treated or fumigated with methyl bromide (MB), and marked in a specific manner to certify treatment.)

(See ITT's Online Archives or 07/31/09 news, 09073125, for BP summary that Canada to implement ISPM 15 mark for China WPM effective Sept 1, 2009.

See ITT's Online Archives or 07/15/09 news, 09071515, for BP summary on the addition of liquidated damages penalties to CBP's WPM FAQ.

See ITT's Online Archives or 09/15/05 news, 05091505, for BP summary of the 3-phase implementation plan for APHIS' WPM treatment and marking regulations.)

CFIA proposed phase-in schedule (dated 07/24/08) available at http://www.inspection.gc.ca/english/plaveg/for/cwpc/consulte.shtml