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CBP Updates its "Operating Procedures" for Full Enforcement of WPM Regulation

U.S. Customs and Border Protection (CBP) has updated its 18-page document entitled "Operating Procedures for Implementation of the Wood Packaging Materials Regulation" which focuses on the procedures that need to be followed under Phase III, full enforcement of the wood packaging material (WPM) regulation, which began July 5, 2006.

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Updated Version Adds, Deletes Text, Etc.

The updated version of the document adds or deletes text, etc, as described below:

Exception for articles of wood that are manufactured to transport a specified non-regulated commodity. CBP has amended the information regarding an exception to the WPM regulation for articles of wood that are manufactured to transport a specified non-regulated commodity to read as follows (added text is denoted by ):

Articles of wood that are manufactured to transport a specific non-regulated commodity are not considered to be WPM and are not required to be treated and marked. This exception refers to worked wood boxes, usually containing hinges, handles, and a molded or partitioned interior cradling feature, which are intended to be reused for the life of the non-regulated commodity. These boxes are usually (but not always) manufactured at the time of initial shipment of the commodity and generally are used for a unique item. . .

Protocol for separation of violative WPM. CBP has deleted text from Appendix C, No. 1, on the protocol for the separation of violative WPM. No. 1 one now reads as follows (deleted text is denoted by <->):

The regulation does not authorize domestic destruction of violative WPM. The rule does not authorize fumigation in lieu of proper marking for WPM. Exportation of violative WPM is the only recourse available to importers under the U.S. regulation. <USDA has authorized an exception to allow the U.S. government or its contractor to destroy violative WPM that accompany a seized shipment.>

Procedures for processing returning WPM. CBP has deleted text from the third paragraph in Appendix I on procedures for processing returning WPM. The third paragraph now reads as follows: (deleted text is denoted by <->):

If CBP encounters a shipment that consists only of supposedly returned U.S. WPM that are not in compliance with the standard, the shipment is to be allowed entry only if there is acceptable proof that ties the WPM to the original export from the U.S. Examples of acceptable documentation may be the original shipment documentation or a rejection notice from the foreign country. Any shipments of supposedly returned U.S. WPM that does not have acceptable documentation will be refused entry. If there is a pest risk, appropriate safeguarding and treatment is required prior to exportation. <There is no requirement for treatment or marking of WPM in domestic circulation.>

(In addition, the section on Phased Compliance has been updated to reflect the implementation of Phase III on June 5, 2006.)

(See ITT's Online Archives or 06/30/06 news, 06063000, for BP summary of the original document.)

CBP "Operating Procedures for Implementation of the Wood Packaging Materials (WPM) Regulation", dated 07/06/06, available at http://www.cbp.gov/linkhandler/cgov/import/commercial_enforcement/wpm/trade_implement.ctt/trade_implement.doc.