APHIS Proposes Revisions to its Proposed Rule on China Wooden Handicrafts
The Animal and Plant Health Inspection Service has issued a supplemental proposed rule for its April 9, 2009 proposed rule to amend its regulations to provide for the resumption1 of the importation of wooden handicrafts2 from China under certain conditions.
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Written comments on the supplemental proposed rule are due by November 22, 2010.
Proposed Minimum Heat Treatment Would be Revised
In April 2009, APHIS’ had proposed that, unless handicrafts are less than six inches in diameter and treated with methyl bromide, wooden handicrafts from China would have to be heat-treated or heat-treated with moisture reduction that raises the temperature at the center of the handicraft to at least 71.1 degrees Celsius and maintains the handicraft at that center temperature for at least 75 minutes.
However, in this supplemental proposed rule, APHIS is proposing measures that would modify the proposed minimum heat treatment provisions so that such handicrafts would have to be heat treated or heat treated with moisture reduction that raises the temperature at the center of the handicraft to at least 60 degrees Celsius for at least 60 minutes.
(APHIS sources have confirmed that the supplemental proposed rule does not make any changes to the 2009 proposed provision to allow handicrafts under 6 inches in diameter to be treated with methyl bromide.)
Proposed Heat Treatment Standard Would be Corrected to Reference PPQ Manual
In its April 2009 proposed rule, APHIS proposed to add paragraph (o) to 7 CFR 319.40-5 which would have required, among other things, that wooden handicrafts from China be treated with heat treatment in accordance with 7 CFR 319.40-7(c) or with heat treatment with moisture reduction in accordance with 7 CFR 319.40-7(d).
However, APHIS notes that those paragraphs no longer contain heat treatment schedules; all approved schedules now are listed only in the Plant Protection and Quarantine (PPQ) Treatment Manual. As a result, the supplemental proposed rule proposes to require such handicrafts be treated with heat treatment or heat treatment with moisture reduction as specified in the PPQ Treatment Manual, in accordance with 7 CFR Part 305.
(APHIS’ April 2009 proposed rule also includes a new definition of wooden handicrafts, and well as phytosanitary certificate and declaration requirements, and a requirement to label such handicrafts with a merchandise tag containing the identity of the product manufacturer.)
1Beginning April 1, 2005, APHIS suspended the importation of certain wooden handicrafts from China until a more thorough evaluation of the pest risks associated with those articles could be conducted. If finalized, APHIS’ proposed rule and supplemental proposed rule would allow for trade in certain Chinese wooden handicrafts to resume while continuing to protect the U.S. against the introduction of plant pests.
2According to APHIS’ proposed rule, subject handicrafts include the following products where wood is present: carvings, baskets, boxes, bird houses, manufactured Christmas trees, garden and lawn/patio furniture (rustic), potpourri, silk trees (typically artificial ficus trees), trellis towers, garden fencing and edging, and other items composed of wood.
(See ITT's Online Archives or 04/10/09 news, 09041015, for BP summary of APHIS' original proposed rule.
See ITT’s Online Archives or 02/01/10 news, 10020115, for BP summary of APHIS final rule relocating treatment schedules to the PPQ Manual.)
- comments due November 22, 2010
(APHIS proposed rule, D/N APHIS-2007-0117, FR Pub 09/23/10)