CBP Issues 2nd Update of its FAQ on the September 16th Enforcement of APHIS Treatment/Marking of Wood Packaging Material

(According to the North American Plant Protection Organization (NAPPO) Web site, the U.S., Mexico, and Canada will all enforce the international phytosanitary standard on WPM (ISPM 15) on September 16, 2005.)

(See ITT's Online Archives or 08/09/05 news, 05080905, for BP summary of CBP's August 5, 2005 FAQ. See ITT's Online Archives or 08/24/05 news, 05082405, for BP summary of CBP's first update of the FAQ.)

Introduction to FAQ Added

CBP's September 2, 2005 version contains a new introduction which states that:

On September 16, 2005, the U.S., in cooperation with Mexico and Canada, will begin enforcement of ISPM 15 entering North America.

Enforcement of the ISPM 15 standard will be conducted in accordance with CBP operational guidelines and procedures. CBP encourages importers to ensure that all regulated WPM has been treated and marked according to the ISPM 15 standard to avoid possible delays or rejection of WPM in cargo shipments at U.S. ports of entry due to noncompliance.

Several FAQs Revised and Expanded

CBP's September 2, 2005 version also includes the revision and expansion of numerous FAQs, including:

Exceptions to APHIS' WPM rule. CBP has expanded its answer to the question as to the exceptions to APHIS' rule to include the following information:

Commercial shipments containing WPM made entirely from Canadian origin wood or U.S. origin wood that are traveling between these two countries are subject to the inspection and must be accompanied by an importer document stating that they are derived totally from trees harvested in Canada or the U.S.

USDA has grandfathered in all wine crates for vintage years preceding 2006. This means that wine crates for any wine with a vintage year through 2005 are exempt from treatment and marking requirements. Wines of vintage year 2006 and beyond will be required to be in crates that have been treated and marked.

Articles of wood that are manufactured to transport a specific non-regulated commodity (for example, fuel gauges, armaments, ammo boxes, etc.) are not considered to be WPM and are not required to be treated and marked.

WPM that are part of any bundle of imported lumber are exempted from the rule. Other WPM used in the transport of bundled lumber (for example, pallets or planks) are not exempted and are regulated WPM.

There is no requirement for treatment or marking of WPM in domestic circulation.

Invoice requirements. CBP has revised and expanded its answer to the question of whether there are any invoice requirements to state that although invoice statements are no longer required for importation into the U.S., other countries may still require certificates or statements.

CBP has further expanded its answer to include the following information:

The only exception is noted above, that shipments containing WPM made entirely from Canadian origin wood or U.S. origin wood must be accompanied by an importer document stating that the WPM are derived totally from trees harvested in Canada or the U.S.

CBP continues to work with programmers to make the now-required field in ABI concerning solid WPM from China or Hong Kong into an optional field. Between September 16, 2005, and the time that the programming is completed, CBP field personnel will disregard input in that field. In other words, CBP recognizes that, as long as the field is required, ABI filers will need to input data to avoid entry rejects and that, after September 16th, ABI filers will not necessarily have the information needed to make accurate input. Therefore, CBP will disregard any statements input to that particular field. An administrative message will be sent when the programming is completed

(See ITT's Online Archives or 09/01/05 news, 05090110, for BP summary of CBP administrative message regarding this solid wood packaging material (SWPM) indicator for China and Hong Kong.)

Lists of compliant countries and approved fumigators. CBP has revised its response to the question of whether there is a list of compliant countries and approved fumigators by removing most of the previously listed information and instead stating that:

USDA has designated two entities to manage the treatment programs in the U.S. The National Wooden Pallet & Container Association (NWPCA) manages the fumigation program and the American Lumber Standards Committee (ALSC) manages the heat treatment program. A list of approved U.S. fumigators is maintained at the NWPCA website. (Approved Fumigators). A list of U.S. approved heat treatment facilities may be found at the ALSC website. (Links to each of these lists is available in this FAQ document.)

September 2, 2005 version of the FAQs available at http://www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm/wpm_faq.xml.)