CBP Issues FAQ, Etc. on its September 16th Enforcement of APHIS Treatment/Marking of Wood Packaging Material
U.S. Customs and Border Protection (CBP) has issued a set of Frequently Asked Questions (FAQ) regarding the Animal and Plant Health Inspection Service's (APHIS) new wood packaging material (WPM) regulations that take effect September 16, 2005.
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(See ITT's Online Archives or 07/08/05 news, 05070810 for BP reminder on these new requirements, with links to BP summaries of APHIS final rule. See ITT's Online Archives or 08/02/05 news, 05080205 for BP summary of CBP's announcement regarding the enforcement of these new requirements.)
Highlights of the FAQ include the following:
CBP to issue implementation plan. CBP states that the APHIS regulation allows for enforcement discretion, and it is currently completing its draft implementation plan. Once completed and approved, CBP states that it will post general guidelines, processes, as well as other FAQs to its web site.
Effective date. According to CBP, any WPM arriving in the U.S. on or after September 16, 2005 that is covered by the new regulation (whether it is in actual use or being imported as cargo) must comply with the regulation's treatment (heat or fumigation) and marking requirements. The regulation does not allow any deviation from this effective date.
Marking requirements. After either heat or fumigation treatment, the WPM must be marked (stamped) in a visible location on each WPM article, preferably on at least two opposite sides of the article, with a legible and permanent mark, approved by the International Plant Protection Convention (IPPC), to certify that the WPM has been subjected to an approved treatment.
Marks will vary by country and treatment establishment. A mark must include a unique graphic symbol, the ISO two-letter country code for the country that produced the WPM, a unique number assigned by the national plant protection agency of that country to the producer of the wood packaging material, and an abbreviation disclosing the type of treatment.
Unmarked WPM. If WPM is unmarked, it is considered to be untreated and noncompliant. The regulation allows for the immediate exportation of non-compliant WPM. It does not allow for fumigation. It does not allow for any alternative disposal methods.
If it is feasible to separate merchandise from non-compliant WPM, this option is at the government's discretion and the importer's expense and responsibility. CBP states that specific protocol for this process will be posted on its web site when approved.
WPM Exempted from the rule. CBP states that there are specific exemptions for some WPM, including manufactured wood materials such as fiber board, plywood, whisky and wine barrels, and veneer; pieces of wood less than 6 mm (0.24 in) in all dimensions; sawdust, wood wool, and wood shavings, produced as a result of sawing or shaving wood into small, slender, and curved pieces less than 6 mm in all dimensions; WPM used by the Department of Defense (DOD) to package non-regulated articles, including commercial shipments pursuant to a DOD contract; and firewood, mesquite wood for cooking, and small, noncommercial packages of unmanufactured wood for personal cooking or personal medicinal purposes coming directly from Mexican border states.
In addition, by bilateral agreement between the U.S. and Canada, WPM made entirely from Canadian origin wood is exempt from the treatment and marking requirements.
Other Posted Information (in Addition to FAQ)
CBP has also posted other information to its web site on these new WPM requirements, including samples of the U.S. WPM mark (stamp) and samples of International marks (stamps), and links to reference material (such as APHIS' final rule, APHIS business Alert (Issue 19), IPPC Web site information on WPM, Plant Protection and Quarantine (PPQ) Web site information on WPM, etc.).
CBP FAQ (dated 08/05/05) available at http://www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm/wpm_faq.xml
CBP samples of marks (stamps), available at http://www.cbp.gov/linkhandler/cgov/import/commercial_enforcement/wpm/ippc_stamp_samples.ctt/ippc_stamp_samples.doc.
WPM Reference material available at http://www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm/wood_pkg_materials_lklst.xml