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CBP's 3rd Update of its FAQ on APHIS' Sept 16th WPM Treatment and Marking Regulations

U.S. Customs and Border Protection (CBP) has updated its 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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(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. See ITT's Online Archives or 09/12/05 news, 05091210, for CBP's second update of the FAQ.)

FAQs on Enforcement, Exceptions, and Invoice/Certification Requirements Amended

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

CBP's enforcement of APHIS' regulation.CBP has amended its answer regarding how CBP is going to enforce APHIS' regulation by stating that it has completed its implementation plan (available athttp://www.cbp.gov/linkhandler/cgov/import/commercial_enforcement/wpm/Implementation_plan.ctt/implementation_plan.doc.) (See today news, 05091505, for BP summary on this CBP plan.)

Exceptions to APHIS' rule.CBP has amended its answer to the question of whether there are any exceptions to APHIS' rule. Specifically, CBP has amended the information regarding the grandfathering of wine crates for vintage years preceding 2006 to read as follows (new language is denoted by ):

"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 regardless of when entry is made. Wines of vintage year 2006 and beyond will be required to be in crates that have been treated and marked."

Invoice or certificate requirements and ABI requirements.CBP has divided its FAQ on invoice requirements and ABI requirements into two separate FAQs on invoice and certificate requirements and ABI requirements.

As amended, CBP's answer to the question of whether there are any invoice or certification requirements to read as follows (new language is denoted by ):

"Paper certifications of treatment will no longer be required or accepted. Invoice statements are no longer required for importation into the U.S. 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. if traveling between these two countries. Other countries may require certificates, statements, or treatment and marking.

CBP's answer to the FAQ on ABI requirements is unchanged from its previous answer.

New FAQ on Where to Find More Information

In response to a new question as to where the trade can find more information, CBP states that a careful reading of these FAQs will provide an answer for most questions and other answers will be found in the Implementation Plan.

CBP states that if, after reading the materials on this site, the trade has questions about the regulation itself, USDA may be contacted. USDA has set up a toll free phone line for the months of September and October to answer questions about the regulation. That number is 1-866-622-8373.

(See ITT's Online Archives or 09/14/05 news, 05091405, for BP summary containing additional details on USDA's toll-free number, etc.)

CBP notes that USDA will not answer any questions about CBP operational issues and that those issues are most appropriately directed to the local port if the question has not been answered on www.cbp.gov.

September 12, 2005 version of the FAQs available at http://www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm/wpm_faq.xml.)