CBP's 4th Update of its FAQ on APHIS' Sept 16th WPM Treatment and Marking Regulations

(According to the North American Plant Protection Organization (NAPPO) Web site, the U.S., Mexico, and Canada were all scheduled to 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. See ITT's Online Archives or 09/15/05 news, 05091510, for BP summary of CBP's third update of the FAQ.)

New FAQ on Canada Exception

In response to a new question which asks for an explanation of the Canada exception, CBP states that WPM made entirely of Canadian origin wood or U.S. origin wood are exempt from the treatment and marking requirements in trade between the two countries. The exception only pertains to WPM coming directly to the U.S. from Canada or directly to Canada from the U.S. Commercial shipments containing WPM made entirely of Canadian origin wood or U.S. origin wood that are traveling between these two countries are subject to inspection and must be accompanied by an importer document stating that they are derived totally from trees harvested in Canada or the U.S. The statement requirement is in APHIS' regulations at 7 CFR 319.40-3. This section of the regulations does not change with the new WPM rule. The statement has been required for a long time and continues to be required.

For purposes of enforcement of the APHIS WPM rule, CBP has decided that the country of origin of the commodity is the country of origin of the WPM on all shipments coming from Canada absent an indication to the contrary. In other words, WPM in shipments of Chinese-made goods coming from Canada will be considered Chinese and must be treated and marked. WPM shipments of Canadian-made goods coming from Canada will be considered Canadian and need not be marked.

An exception to this would be, for example, non-Canadian goods that are repacked in Canada. In this case, the country of origin of the commodity (non-Canadian) is considered Canadian for WPM purposes only if it is stated that the WPM are Canadian. The statement must be in accordance with 7 CFR 319.40-3 which states that "an importer document stating that [WPM] are derived from trees harvested in Canada" must accompany the shipment.

FAQs on Approved Marks, Exceptions, and Contact Number Amended

CBP's September 15, 2005 version of its FAQ includes the revision and expansion of various FAQs, including:

Approved marks. CBP has amended its answer to a question asking what the approved mark looks like by providing a graphic containing multiple examples of marks that are used to certify treatment. CBP continues to state that marks will vary by country and treatment establishment.

Exceptions to APHIS' rule. CBP has amended its answer to the question of whether there are any exceptions to APIHS' rule. Specifically, CBP has removed certain information pertaining to the exception for WPM of Canadian origin and now references the above-described new FAQ which explains the Canada exception in greater detail.

USDA contact information. CBP has amended its response to a FAQ asking where more information can be obtained by changing the USDA's toll free phone line to 1(866) 738-8197 (from 1(866) 622-8373). CBP continues to state that this toll free phone line has been set up for the months of September and October to answer questions about APHIS' regulations.

September 15, 2005 version of the FAQs available at http://www.cbp.gov/linkhandler/cgov/import/commercial_enforcement/wpm/wpm_faq.ctt/wpm_faq.doc