U.S. & Canada Moving Forward to Remove ISPM 15 Exemption for Each Other's WPM
The Canadian Food Inspection Agency (CFIA) has announced that Canada and the U.S. are moving forward with a phased-in approach to eliminate the ISPM 15 exemption they provide to each other’s regulated wood packaging material (WPM)1 that is shipped between the two countries.
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(International Standard for Phytosanitary Measures (ISPM) 15 "Guidelines for Regulating Wood Packaging Material in International Trade" requires regulated WPM to be either heat treated or fumigated with methyl bromide and marked with the approved International Plant Protection Convention (IPPC) symbol and specific control numbers certifying treatment.
Since 2008, the U.S. and Canada have been discussing implementing termination of their mutual ISMP 15 exemption for regulated WPM with participation from the Canada Border Services Agency (CBSA) and U.S. Customs and Border Protection (CBP).)
APHIS Final Rule Removing Canada's Exemption Expected this Spring
Current APHIS regulations exempt from ISPM 15 requirements regulated WPM that is derived from trees harvested in Canada, has never been moved outside of Canada, and is subject to the inspection and other requirements in 7 CFR 319.40-9.
In December 2010, APHIS issued a proposed rule to eliminate this Canadian exemption. APHIS sources state that 43 comments were received on the proposed rule, and it is still in the process of reviewing the comments. The final rule is expected to be published in the Federal Register in late spring of this year, and will include the phase-in schedule to eliminate the Canadian exemption.
APHIS to Phase-in Removal of Exemption, Schedule to be Similar to Canada’s
APHIS sources state that it will phase-in its removal of Canada’s ISPM 15 exemption. The phase-in schedule, while still under review, is likely to be similar to that proposed by Canada in 2008 for U.S. regulated WPM2 as follows:
Informed compliance: This phase would be a period where industry would receive notices (informed compliance) to indicate that they must comply with the ISPM 15 requirements in the future. Notices would be delivered to importers/brokers in connection with any cargo found to contain non-compliant regulated WPM. APHIS sources add that there will be a timeframe where verbal notifications will be provided, to be followed by e-notifications.
Pallets and crates enforcement: After the phase of informed compliance, a period of enforcement action on non-compliant pallets and crates would begin where shipments containing non-compliant regulated WPM would not be allowed to enter the country of destination. Importers/exporters with cargo containing other types of non-compliant materials (dunnage, spools, blocking and bracing) would receive notices (informed compliance) to indicate that they will have to comply with the requirements in the future.
Complete enforcement: In this last phase of implementation, 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.
Informed Compliance to Take Effect when Final Rule Published, Full Enforcement by Jan 2013
As soon as the final rule is published, APHIS sources state that the agency expects to begin providing verbal notifications of noncompliance as provided for in the first phase of implementation. Sources add that the target implementation dates for full enforcement are not yet set in stone, but should take effect no later than January 1, 2013.
1APHIS defines WPM as wood or wood products (excluding paper products) used in supporting, protecting, or carrying a commodity (including dunnage). Regulated WPM include, but are not limited to, dunnage, crating, pallets, packing blocks, drums, cases, and skids that are used for or are for use with cargo to prevent damage. Regulated WPM do not include manufactured wood material, loose wood packing materials, and wood pieces less than 6 mm thick in any dimension.
2The phase-in will also be similar to the 2005 phase-in plan that was used by the U.S. to implement the ISPM 15 for countries other than Canada. The phases of the 2005 U.S. schedule are substantially similar to those that Canada has proposed.
Note that Canada would have an additional time period to allow industry and stakeholders to adjust their operations to comply with the ISPM 15 standard before it begins its informed compliance phase.
(See ITT's Online Archives or 12/02/10 news, 10120215, for BP summary of U.S. proposed rule to end the ISPM 15 exemption for Canadian WPM.
See ITT's Online Archives or 08/31/09 news, 09083105, for BP summary of Canada's 2008 proposed phase-in approach for implementing the ISPM 15 for U.S. and Canada.
See ITT's Online Archives or 09/15/05, 05091505, for BP summary of CBP details on the phased-in implementation plan for APHIS' 2005 WPM regulations.
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' 2005 final rule implementing ISPM 15 for countries other than Canada.)