|
Operating Procedures for Trade Community Regarding
Implementation
of the Wood Packaging Materials (WPM)
Regulation Background:
The United States Department of Agriculture
(USDA) Animal and Plant Health Inspection Service (APHIS) has
revised its import regulation for wood packaging materials (WPM),
7 CFR - 319. The final rule was posted in the Federal Register
September 16, 2004, with an effective date of September 16, 2005.
The regulation requires regulated WPM
used in international trade to be treated to kill harmful insects
that may be present. WPM must be marked with the International
Plant Protection Convention (IPPC) logo, the two-letter International
Organization for Standardization (ISO) code for the country that
treated the WPM, the treatment facility number assigned by the
national plant protection organization, and either the abbreviation
HT (heat treatment) or MB (methyl bromide). The rule states that
regulated wood packaging materials must be marked in a visible
location on each article, preferably on at least two opposite
sides of the article, with a legible and permanent mark that indicates
that the article meets the new requirements. Paper treatment certificates
will no longer be required or accepted. An example of an acceptable
WPM mark is:
The regulation restricts the importation
of many types of wood articles, including wooden packaging materials
such as pallets, crates, boxes, and pieces of wood used to support
or brace cargo. The regulations currently refer to these types
of wood packaging materials as solid wood packing materials, defined
as "wood packing material other than loose wood packing material,
used or for use with cargo to prevent damage, including, but not
limited to, dunnage, crating, pallets, packing blocks, drums,
cases, and skids." Effective September 16, 2005, the U.S.
regulation allows non-compliant regulated WPM to be reexported.
CBP recognizes that the usage of this term may be confusing. For
purposes of CBP implementation of the USDA regulation, "reexport"
will refer to the immediate export of violative WPM and, where
the violative WPM cannot be separated from the accompanying merchandise,
the immediate export of the violative WPM and any accompanying
merchandise. By regulation, no treatment options for WPM being
imported into the United States are available.
For the purposes of this rule, WPM imported
as cargo, such as a container or truckload of new or unused pallets,
will still be considered WPM and subject to the rule. Its status
as merchandise is irrelevant.
Non-regulated and Exempt Wood and Wood
Products:
Regulated WPM do not include any manufactured
items, such as worked wood items, even if those items are used
to contain other non-regulated merchandise. Examples of such non-regulated
manufactured items might include such things as carved or formed
wooden bottle stoppers, ammo crates, wooden boxes built to house
fuel gauges or armaments, etc. Wine crates for any vintage year
prior to 2006, are also non-regulated; wine crates for vintage
year 2006 and beyond are regulated.
Regulated WPM do not include any manufactured
wood, such as fiberboard, plywood, polywood, whisky and wine barrels,
strand board, and veneers, nor do they include "loose wood
packing materials" as defined in 7 CFR - 319.40-1. Examples
of loose wood packing materials include excelsior (wood wool),
sawdust, and wood shavings, produced as a result of sawing or
shaving wood into small, slender, and curved pieces. Dunnage is
not always loose wood packing materials; when it is not, it is
regulated.
The regulation allows importation without
marking of otherwise-regulated WPM used by the U.S. Department
of Defense to package non-regulated articles, including commercial
shipments pursuant to a DOD contract.
By reciprocal regulations, WPM made from
Canadian origin wood or U.S. origin wood (or a combination of
Canadian origin wood and U.S. origin wood) will be exempt from
treatment and marking under this regulation when used in trade
between these two countries. For purposes of enforcement of this
exception, and absent acceptable proof to the contrary, U.S. Customs
and Border Protection (CBP) will consider the country of origin
of merchandise coming from Canada to be the country of origin
of the accompanying WPM.
The only remaining exemption for imports
from Mexico permits importation of unmarked firewood, mesquite
wood for cooking, and small, noncommercial packages of un-manufactured
wood for personal cooking or personal medicinal purposes as long
as these items arrive directly from Mexican Border States.
Phased Compliance:
CBP conducted a special operation during
the month of July 2005 to determine the baseline level of WPM
compliance. Based on examination results, CBP will perform phased-in
compliance enforcement of the USDA WPM regulation.
Phase I, beginning September 16,
2005, will be an informed compliance period, with no stoppage
or reexport of shipments for non-compliant WPM. During this phase,
all visual exams of cargo performed by CBP Officers or Agriculture
Specialists will include a WPM component. If WPM are present and
are not marked as having been treated, the broker and the importer
will be informed of the non-compliance and given further information.
(See "Sample Notice of Violation," attached)
Phase II, beginning February 1,
2006, will continue informed compliance measures on all regulated
WPM except pallets and crates. CBP will begin full enforcement
of the ban on violative pallets and crates. Beginning with Phase
II, reexport of all shipments containing violative pallets or
crates will be ordered if the Port Director determines that it
is not feasible to separate merchandise from the violative WPM.
IT and T&E shipments found to contain violative WPM will not be
permitted to transit. All expenses incurred for the services of
CBP Officers and Agriculture Specialists involved in the separation
of cargo will be billed to the importer or other party of interest.
WPM and associated merchandise will be exported at the expense
of the importer or other party of interest.
Phase III, beginning July 5, 2006,
will represent full enforcement of the WPM ban regulated by 7
CFR - 319. CBP will no longer conduct informed compliance at the
shipment level. In Phase III, reexport of all shipments containing
violative WPM will be ordered if the Port Director determines
that it is not feasible to separate merchandise from the violative
WPM. IT and T&E shipments found to contain violative WPM will
not be permitted to transit. All expenses incurred for the services
of CBP Officers and Agriculture Specialists involved in the separation
of cargo will be billed to the importer or other party of interest.
WPM and associated merchandise will be exported at the expense
of the importer of other party of interest.
Phase I
Informed Compliance
September 16, 2005 through January 31, 2006
1. Phase
I of the WPM implementation will consist of an informed compliance
initiative relative to CBP efforts to implement and enforce the
WPM rule.
2. During Phase I, if CBP discovers WPM
that are not properly marked (that is, lacking the proper IPPC
logo) during the course of any visual examination of any cargo,
a Notice of Violation will be posted in a prominent location on
the goods. A copy will also be included in the entry packet where
possible. The intent of these steps is to notify the broker and
the recipient that a violation has occurred and that CBP has chosen
to temporarily exercise its enforcement discretion. These discoveries
are considered violations of the WPM rule.
3. The enforcement of WPM requirements
is a separate process from the normal course of pest interdiction
duties conducted by CBP Agriculture Specialists. In every case
of the discovery of a pest infestation, the protocol associated
with safeguarding or eradication of the pest threat will supersede
WPM enforcement. Once a pest threat has been eliminated, the WPM
enforcement will be applied.
4. National and port account managers
will work with their accounts to answer questions and encourage
compliance with the regulation.
Phase II
Wooden Pallets and Crates
February 1 through July 4, 2006
1. Phase II continues informed compliance
efforts started in Phase I. However, enforcement of the rule will
begin to impact cargo shipments that have non-compliant wooden
pallets or crates. The term "pallets," when used in this document,
will include single wooden pallets and all pallets that are part
of a unitized packaging container, such as wooden pallets that
comprise the base of a carton or crate (for example, in shipments
of motorcycles, machinery parts, pipe fittings, etc.) Wooden crates
or lift vans constructed solely of manufactured wood (for example,
plywood) are not regulated by the WPM rule. However, if other
lumber is used in these crates, those pieces are covered by the
WPM rule. (See also "WPM--Specific Exemptions," attached)
2. During Phase II, if CBP discovers WPM
(other than pallets or crates) that are not properly marked (that
is, lacking the proper IPPC logo) during the course of any visual
examination of any cargo, a Notice of Violation will be posted
in a prominent location on the goods. A copy will also be included
in the entry packet where possible. The intent of these steps
is to notify the broker and the recipient that a violation has
occurred and that CBP has chosen to temporarily exercise its enforcement
discretion. These discoveries are considered violations of the
WPM rule.
Shipments Containing Non-Compliant
Wood Pallets or Crates
a. The shipment will be held and will
not be released. IT and T&E shipments found to contain violative
WPM will not be permitted to transit.
b. The Agriculture Specialist will complete
a USDA Emergency Action (EAN) Notification (PPQ-523) on the
violative materials. The Agriculture Specialist will follow
the general guidelines for completing actions under the EAN
procedures.
c. The importer, or the importer's representative
(if one is available), will be notified by CBP of the situation.
d. The importer or other party of interest
may request separation of the imported merchandise from the
violative WPM.
3. If the Port Director determines that
separation of the non-compliant crates from the cargo is not feasible,
or if separation is not requested, then the entire shipment (violative
WPM, compliant WPM, and merchandise) shall be ordered exported
from the U.S. in accordance with the rule.
a. The Port Director shall order the
shipment to be exported from the U.S. at the importers' or party
of interest's expense. It is irrelevant if the shipment contains
a mixture of compliant and violative WPM.
b. The authority to order exportation
of violative WPM is contained in the USDA regulations at 7 CFR
§ 319.40.
c. If the entire shipment is ordered
exported, any original entry must be cancelled and an Immediate
Exportation entry (entry type 63) must be executed and provided
to the Port Director to document the export movement.
d. If movement outside of the original
U.S. port becomes necessary to cause the ordered exportation,
it will be on a restrictive Transportation and Exportation entry
(entry type 62) in conjunction with an appropriately executed
USDA Emergency Action Notification (EAN) (PPQ-523). The EAN
will provide and document restrictions as to routing, diversion
and authorized timeframe to complete the restricted transportation
and exportation movement.
e. In the event that the identity of
the importer is unknown or otherwise not available to CBP, the
importing carrier may be held liable for expenses related to
the costs of exportation of the non-compliant WPM and associated
cargo.
f. In the event that the merchandise
is abandoned, the shipment will go to General Order (G.O.) and
be handled under established procedures. If G.O. merchandise
is ultimately auctioned, all noncompliant WPM must be exported
at the expense of the successful bidder.
4. If the Port Director determines that
separation of the violative WPM from the cargo is feasible, then
the cargo will be separated at the importer's expense at a time
and place determined by the Port Director.
a. After separation, the Port Director
will order violative WPM to be exported per 7 CFR - 319.40 at
the importers' or party of interest's expense.
b. If only the violative WPM is to be
exported, the importer or party of interest (working in conjunction
with the exporting carrier) must supply evidence sufficient
to Port Director's satisfaction that the non-compliant WPM will
be removed from the U.S. This proof may include, but is not
limited to, a bill of lading, statement on carrier letterhead,
U.S. export or foreign entry documents, etc.
c. In the event that the identity of
the importer is unknown or otherwise not available to CBP, the
importing carrier may be held liable for expenses related to
the costs of exportation of the non-compliant WPM.
Phase III
Full Enforcement
July 5, 2006, and beyond
1. All informed compliance efforts at
the shipment level under the WPM rule are discontinued.
2. During Phase III, if CBP discovers
any WPM that are not properly marked (that is, lacking the proper
IPPC logo) during the course of any visual examination of any
cargo, the shipment will be considered in violation of the WPM
rule.
3. All other operational elements of Phase
II remain in effect.
SAMPLE NOTICE OF VIOLATION
TO: Importer
FROM: U.S. Customs & Border Protection
Port Director
SUBJECT: Violative Wood Packaging Materials
USDA has revised its import regulation
for wood packaging materials (WPM). Effective, September 16, 2005,
WPM coming into the U.S. must to be treated and marked. Paper
certificates of treatment or fumigation are no longer acceptable.
The approved treatments are either heat treatment to a minimum
wood core temperature of 56 degrees C for a minimum of 30 minutes
or fumigation with methyl bromide (MB).
An acceptable mark is determined by the
national plant protection agency of each country and must include
the trademarked ISPM-15 stamp. Contact information for representatives
of national plant protection organizations can be accessed at:
https://www.ippc.int/IPP/En/nppo.jsp
CBP has tentatively determined that this
shipment is not in compliance with the USDA requirement. In cases
of noncompliance, a CBP Officer or Agriculture Specialist at the
port of first arrival may order the immediate export of regulated
wood packaging materials (along with the accompanying cargo) at
your expense. Please ensure your shipper's compliance, as this
will affect whether you receive your goods in a timely manner.
For this shipment CBP is using its
enforcement discretion and is not ordering this shipment to be
exported. This discretionary enforcement period will cease on
February 1, 2006. On or after February 1, 2006, non-compliant
WPM detected by CBP Officers or Agriculture Specialists will be
subject to immediate exportation AT YOUR EXPENSE.
Please ensure that your suppliers are
aware of this requirement.
There are certain exceptions to the new
requirements. More information is available from USDA at 1-866-738-8197
during the months of September and October or at www.cbp.gov.
Procedure for Separation of Non-Compliant
WPM
1. The rule does not authorize domestic
destruction of non-compliant WPM. The rule does not authorize
fumigation in lieu of proper marking for WPM. Exportation of non-compliant
WPM is the only recourse under the U.S. regulation.
2. Separation of non-compliant WPM from
compliant WPM or associated merchandise is not an absolute right;
it is an option left to the government's discretion. All expenses
related to the movement, inspection, separation, safeguarding,
storage, and ultimate disposition of non-compliant WPM are at
the expense of the importer or party of interest.
3. When a shipment is held by CBP for
non-compliance with the WPM rule, the importer, or their representative
or other party of interest, may make a request to CBP for the
ability to separate WPM from the imported commodities. The requesting
party shall submit a completed CBP 3499 - Application and Approval
to Manipulate, Examine, Sample or Transfer Merchandise, to the
CBP Port Office within one business day after the hold has been
placed. In the case of a consolidated shipment, any affected importer
or party of interest may make application under the guidelines
of this protocol. All appropriate forms and evidentiary materials
required by this Appendix must be presented to the Port Director,
and all expense will accrue to the applicant.
4. The importer, or their representative
or other party of interest, must submit to the Port Director evidence
of their commitment to export the non-compliant WPM that are separated
from the merchandise referenced in the CBP 3499. This evidence
must be presented at the time of submission of the CBP 3499 and
may consist of various elements, but will usually include the
participation of a carrier. This requirement is critical, as the
Port Director must ensure that the non-compliant WPM are properly
exported and the government does not incur any expense.
5. Other parties of interest may apply
to CBP for the WPM separation process only if the importer has
no U.S. presence. These other parties must clearly define for
CBP their interest in the merchandise. Carriers may not apply
for the WPM separation process solely based on recovering or repositioning
their property (containers). All parties applying for WPM separation
must provide for the continuity of the cargo and the prompt and
proper exportation of the non-compliant WPM.
6. The Port Director will determine whether
to approve the CBP 3499. Once the decision is made, the Port Director
will notify the importer. The decision of the Port Director is
final.
7. If the decision is made to approve
the separation request, the Port Director will determine the time,
place, and supervision requirements of the separation.
8. If the separation request is granted,
the process should commence under CBP supervision as soon as practical.
9. CBP may assign an Agriculture Specialist
or CBP Officer to supervise the separation because the non-compliant
WPM may present a pest risk.
10. If WPM are to be exported due to non-compliance
with the WPM rule, the WPM lose the entry status of an instrument
of international traffic. An IE or T&E entry will be filed with
CBP, and the WPM should be fully described with an additional
caption that "The material is non-compliant with the ISPM-15
Standard."
11. Under normal circumstances, services
performed under a CBP 3499 may only be performed at CBP Bonded
Warehouses. For the purposes of this application, the services
may be performed at any location that the Port Director deems
appropriate for that purpose. This will usually be where CBP Officers
or Agriculture Specialists perform examination work, such as a
CES, carrier facility, or bonded warehouse.
12. After the cargo is successfully separated
from the non-conforming WPM, the CBP Officer or Agriculture Specialist
will be responsible for removing the hold and completing any entry-related
processing that would normally occur to release the merchandise
from CBP custody.
13. CBP will bill the importers or other
party of interest for their services.
14. Considering the restrictions above,
the importer (or their representative or other party of interest)
must consider that in many cases it may be cost prohibitive or
logistically impractical to do request WPM separation.
15. If the decision is made to disapprove
the separation request, the importer must make arrangements with
the importing carrier to export the entire shipment at the first
available opportunity. If the importer fails to make those arrangements,
CBP and/or USDA will make the arrangements for the importer, and
the importer will be billed accordingly. Because CBP and USDA
are not in the shipping business, USDA's subsequent billing to
the importer for these logistics services may be exceptionally
significant.
16. Shipments will not be authorized to
move in bond to another port for separation consideration under
the WPM program.
WPM--Specific Exemptions
The USDA import regulation for wood packaging
materials (WPM), 7 CFR - 319, offers the following definition
of regulated wood packaging materials: wood or wood products (excluding
paper products) used in supporting, protecting or carrying a commodity,
including dunnage, other than:
- Manufactured wood materials
- Loose wood packing materials (defined
as excelsior [wood wool], sawdust, and wood shavings, produced
as a result of sawing or shaving wood into small, slender, and
curved pieces), and
- Pieces of wood that are less than 6
mm thick in any dimension, that are used or for use with cargo
to prevent damage, including, but not limited to, dunnage, crating,
pallets, packing blocks, drums, cases, and skids, whether in
actual use as packing for regulated or non-regulated articles
or imported as cargo.
Regulated WPM may be imported into the
United States under a general permit in accordance with the following
conditions:
- The WPM must have been either heat
treated to achieve a minimum wood core temperature of 56° C
for a minimum of 30 minutes or fumigated with methyl bromide
in an enclosed area for at least 16 hours at approved dosages
and then aerated to reduce the concentration of fumigant below
hazardous levels.
- The wood packaging materials must be
marked in a visible location on each article, preferably on
at least two opposite sides of the article, with a legible and
permanent mark that indicates that the article meets the treatment
requirements.
There are specific exceptions for some
WPM. These exceptions are:
1. Manufactured wood materials such as
fiber board, plywood, whisky and wine barrels, and veneer,
2. Loose wood materials as defined above,
3. Pieces of wood that are less than 6
mm (0.24 in) in any dimension,
4. WPM used by the U.S. Department of
Defense (DOD) to package non-regulated articles, including commercial
shipments pursuant to a DOD contract, and
5. Firewood, mesquite wood for cooking,
and small, noncommercial packages of unmanufactured wood for personal
cooking or personal medicinal purposes coming directly from Mexican
border states.
By reciprocal regulations in Canada and
the U.S, WPM made entirely from Canadian origin wood or U.S. origin
wood are exempt from the treatment and marking requirements when
accompanying shipments being shipped in either direction between
these two countries. 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. Wines of vintage year 2006
and beyond will be required to be in crates that have been treated
and marked.
Articles of wood that are manufactured
to transport a specific non-regulated commodity (for example,
fuel gauges, armaments, etc.) are not considered WPM and are not
required to be treated and marked.
WPM that are part of any bundle of imported
lumber are excepted from the rule. Other WPM used in the transport
of bundled lumber (for example, pallets or planks) are not exempted
and are regulated WPM.
Procedures for Processing Returning
WPM
Since the regulation of WPM is an international
standard with 138 signatory countries actively participating in
its enforcement, it is likely that some shipments of U.S. exports
will contain WPM that are not compliant with the standard that
may be detected by our counterparts in other countries. They may
determine the WPM to be inadmissible and order that non-compliant
WPM be re-exported to the United States. Not all signatory countries
are phasing in their WPM requirements.
Further information on the requirements
of any country may be received from the appropriate official listed
at https://www.ippc.int/IPP/En/nppo.jsp.
If CBP Officers or Agriculture Specialists
encounter a shipment of returned U.S. merchandise that contains
non-compliant WPM, CBP will provide a sectional release for the
merchandise and WPM upon reasonable submission of proof that the
merchandise did not enter the commerce of any other country as
provided for under 19 CFR 4.35(g).
Returns To or From Canada & Mexico
CBP continues to work very closely with
counterparts in both Canada and Mexico to develop the most effective
methodology for implementing this WPM initiative. Since we share
common land borders and high traffic volume in both directions
it was decided among the customs administrations that none of
the three countries would implement their WPM action plan unilaterally.
All three countries have agreed to implement their WPM initiatives
modeled on U.S. CBP's phased implementation approach.
Because some exemptions exist for Canadian
origin WPM that do not exist for Mexican origin material, we anticipate
more instances of returned WPM on our southern border. At this
time CBP is still in discussion with colleagues in both Canada
and Mexico on the best way to implement returns of non-compliant
WPM. Detailed instructions on this aspect of our WPM implementation
will be issued during Phase I, for implementation in Phase II.
Implementation Matrix
for USDA Wood Packing Materials Rule
Phase I
September 16, 2005-January 31, 2006 Informed
Compliance via account managers and notices posted in cargo with
noncompliant WPM
Phase II
February 1, 2006-July 4, 2006 Enforcement
of requirement for violative crates and pallets via re-exportation
Informed Compliance via account managers and notices posted in
cargo with other types of noncompliant WPM
Phase III
Beginning July 5, 2006 Full enforcement
on all types of WPM Wood Packaging Material found to be infested
with pests is outside the scope of the phase-in implementation.
If pests are detected, established safeguarding
and/or treatment will be used to mitigate the pest risk. Once
a pest threat has been eliminated, WPM enforcement will be applied.
|