CBP's 5th 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') wood packaging material (WPM) regulations that took effect September 16, 2005.
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Revised FAQ on Implementation (3-Phase Schedule)
CBP states that it has revised the answer to its FAQ on the implementation date to reflect the agreement between the U.S., Canada, and Mexico1 to phase-in the WPM regulations beginning September 16, 2005. The phase-in periods are listed as follows:
- From Sept 16 - Jan 31, there will be a period of informed compliance. No noncompliant shipments will be required to be exported.
- From Feb 1 - July 4, the WPM requirement will be in place for pallets and crates. (CBP has earlier stated that during the second phase there would be enforcement of the WPM regulations for wooden pallets and crates, and informed compliance for other WPM.)
- From July 5 forward, WPM requirements will be enforced for all WPM, including dunnage.
Revised FAQ on Canadian Exception to the WPM Rule
- Deletion of information on importer statement. CBP has revised this FAQ by deleting the following information regarding importer statements:
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 USDA regulations in 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.
- Deletion of example of "repacked goods" exception. CBP has also revised this FAQ by deleting its example of an exception for repacked goods to its policy that the country of origin of the commodity is [also] the country of origin of the WPM on all shipments coming from Canada, absent an indication to the contrary. The deleted text follows:
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 is 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.
Revised FAQ on ABI Requirements
CBP has revised this FAQ to state that CBP has made the previously required field in ABI concerning solid wood packaging material (SWPM) from China or Hong Kong into an optional field. (See ITT's Online Archives or 10/07/05 news, 05100715 for BP summary of CBP administrative message announcing this change.)
New FAQ on Non-Compliant WPM in All 137 Signatory Countries
In response to the question, "Is treatment the same for noncompliant WPM in all 137 signatory countries?", CBP answers:
Not necessarily. For example, fumigation is allowed in Mexico and Phytosanitary Certificates are allowed in Canada in certain circumstances.
New FAQ on Canada Workaround for Marking Requirement for Treated Dunnage
In response to the statement, "I understand that Canada allows a workaround for the marking requirement for treated dunnage," CBP answers:
Yes, Canada allows for the presentation of Phytosanitary Certificates in the dunnage situation.
New FAQ on Guam, American Samoa, and U.S. Virgin Islands
CBP responds in the affirmative to the question, "Is Guam, American Samoa, and U.S. Virgin Islands considered U.S. territory for the purposes of the Wood Packaging Rule?"
New FAQ on T&E and IT Shipments
In response to the question, "How will CBP handle T&E and IT shipments that are not compliant", CBP states that once full enforcement of the WPM rule begins, the violative WPM will be required to be exported.
1According to the North American Plant Protection Organization (NAPPO) Web site (www.nappo.org), the U.S., Mexico, and Canada are implementing the international phytosanitary standard on WPM (ISPM 15) using a phased approach. However, the NAPPO website indicates a two-phased approach, as does the NAPPO-provided links to Mexico's regulations. The NAPPO-provided links to the U.S. and Canadian regulations indicate a three-phased approach. BP is investigating this discrepancy and will update readers when new information is available.
(See ITT's Online Archives or 09/15/05 news, 05091505 for BP summary of CBP notice on 3-phase implementation plan.)
(See ITT's Online Archives or 09/19/05 news, 05091910, for BP summary of CBP's 4th update of FAQ. See ITT's Online Archives or 09/15/05 news, 05091510, for BP summary of CBP's 3rd update of FAQ. See ITT's Online Archives or 09/12/05 news, 05091210, for BP summary of CBP's 2nd update of the FAQ. See ITT's Online Archives or 08/24/05 news, 05082405, for BP summary of CBP's 1st update to the FAQ. . See ITT's Online Archives or 08/09/05 news, 05080905, for BP summary of CBP's initial FAQ.)
October 11, 2005 version of the FAQs available at http://www.cbp.gov/linkhandler/cgov/import/commercial_enforcement/wpm/wpm_faq.ctt/wpm_faq.doc