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APHIS Announces Three-Phase Enforcement of September 16th WPM Treatment and Marking Requirements

The Animal and Plant Health Inspection Service (APHIS) has posted to its Web site a notice announcing its three-phase enforcement of the new wood packaging material (WPM) regulations which take effect September 16, 2005.

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(The U.S. and other countries have committed to enforce the International Standards for Phytosanitary Measures (ISPM) 15 entitled, "Guidelines for Regulating Wood Packaging Material in International Trade." ISPM 15 calls for affected WPM to be either heat treated or fumigated with methyl bromide and marked in a certain way certifying treatment (with certain exemptions for most WPM from Canada and a limited exception for WPM from Mexican border states).

Affected WPM includes WPM other than manufactured wood material, loose wood packing materials, and wood pieces less than 6 mm thick in any dimension, that are used for or for use with cargo to prevent damage, including, but not limited to, dunnage, crating, pallets, packing blocks, drums, cases, and skids. See ITT's Online Archives or 07/08/05 news, 05070810, for BP reminder on these WPM treatment/marking requirements.)

APHIS Says US, Canada, and Mexico to Enforce ISPM 15 in Three Phases

APHIS states that the U.S., in cooperation with Mexico and Canada, will begin enforcement of the ISPM 15 standard for regulated WPM entering North America on September 16, 2005, with enforcement by all three countries, (which together make up the North American Plant Protection Organization (NAPPO)) to be conducted in three phases.

Matrix of U.S. Schedule for Three-Phase Enforcement of WPM Requirements

The following is the Department of Homeland Security's (DHS) matrix for enforcement of the USDA WPM regulations during September 16, 2005 - July 5, 2006, as provided by APHIS:

Phase 1 - Informed Compliance (September 16, 2005 - January 31, 2006). Informed Compliance via account managers and notices posted in connection with cargo that contains non-compliant WPM.

Phase 2 - Rejection of Violative Crates/Pallets; Informed Compliance for Other Types of WPM (February 1, 2006 through July 4, 2006). Rejection of violative crates and pallets through re-exportation from North America begins. Informed compliance via account managers and notices posted in cargo with other types of non-compliant WPM shall remain in force.

Phase 3 - Full Enforcement (begins July 5, 2006).Full enforcement on all articles of regulated WPM entering U.S. and North America. Non-compliant regulated WPM will not be allowed to enter the U.S.

Temporary Toll-Free Number, Etc., for Questions

Anticipating questions and concerns from stakeholders for the initial phase-in period of ISPM enforcement, APHIS states that Plant Protection and Quarantine (PPQ) has a temporary toll-free number (866-738-8197) available for questions pertaining to the importation of WPM. International callers who may not have access to the toll-free number may call (USA Country code) 301-734-5346.

The toll-free number will be active from September 1, 2005 through October 16, 2005 with options to extend this period reflective of the necessity and number of callers seeking answers to questions for WPM.

APHIS states that importers and suppliers of U.S. imports are strongly encouraged to have all regulated WPM meet the ISPM 15 standard to avoid delays or rejection of WPM in cargo shipments at U.S. ports of entry due to noncompliance of the ISPM 15 standard.

(See ITT's Online Archives or 09/23/04 news, 04092320, for Part III of BP's summary of APHIS WPM final rule, with links to earlier installments. See ITT's Online Archives or 09/12/05 news, 05091210, for BP summary of CBP's most recent update of its FAQ on the September 16, 2005 enforcement of these requirements. See ITT's Online Archives or 07/08/05 news, 05070810, for BP reminder on the WPM treatment/marking requirements.))

APHIS notice available at www.aphis.usda.gov/ppq/wpm/import.html.

APHIS frequently asked questions on WPM requirements available at www.aphis.usda.gov/ppq/wpm/export/faq-wpm.html.

Canadian government FAQs on its WPM requirements available at www.inspection.gc.ca/englihs/plaveg/for/cwpc/wdpkgqae.shtml.

Mexican government regulations (in English) on its WPM requirements (as published in Diario Oficial on 01/18/05) available at http://www.nappo.org/Standards/Other-Docs/NOM144Final_e.pdf.