APHIS Still Expected to Issue Final Rule on Imported SWPM in April/May 2004 (with Six Month or Longer Phase-In Period)
On May 20, 2003, the Animal and Plant Health Inspection Service (APHIS) issued a proposed rule to require imported solid wood packing material (SWPM) to be either heat treated or fumigated with methyl bromide, as well as marked, prior to importation, in accordance with an international standard entitled "Guidelines for Regulating Wood Packaging Material in International Trade" that was approved by the Interim Commission on Phytosanitary Measures of the International Plant Protection Convention (IPPC) on March 15, 2002.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
According to the proposed rule, SWPM includes wood packing materials other than loose wood packing materials, used or for use with cargo to prevent damage, including, but not limited to, dunnage, crating, pallets, packing blocks, drums, cases, and skids.
(SWPM and other unmanufactured wood articles from Canada and the border states of Mexico adjacent to the U.S. are exempt from most of the requirements of the unmanufactured wood article regulations in 7 CFR 319.40 (Logs, Lumber, and Other Unmanufactured Wood Articles), and the May 20, 2003 proposed rule is not proposing any changes to these exemptions.
However, APHIS issued a proposed rule in 1999 to eliminate most of the exemptions for the border states of Mexico adjacent to the U.S., and sources state that this proposal is still expected to go forward to the final rule stage.1(See ITT's Online Archives or 06/15/99 news, 99061483 for BP summary of 1999 proposed rule.)
Target Date for Publication of Final Rule is Still April/May 2004
According to APHIS sources, the final rule on imported SWPM is expected to be sent to the Office of Management and Budget (OMB) during the week of February 16, 2004, and then published in the Federal Register in the April/May 2004 timeframe.
During Phase-In Period, APHIS Expected to Take No Action Against Those Not in Compliance
Sources state that the final rule will have a phase-in period of six months or longer, and that APHIS intends to give all affected parties enough time to become compliant, adding that APHIS does not expect to take action against those who are not in compliance during the phase-in period.
According to an October 2003 Industry Alert, APHIS is encouraging all importers to meet the conditions of ISPM 15 and its proposed rule in advance of the publication of the final rule. APHIS has also stated that beginning in January 2004, as an information dissemination tool, it would start issuing notices to the exporting country's National Plant Protection Organization (NPPO) for material not appropriately treated and marked. APHIS also noted that no additional action would be taken on noncompliant materials at this time, and it will follow its current policy on SWPM until the final rule goes into effect.
(See ITT's Online Archives or 11/06/03 news, 03110605, for BP summary of APHIS' Industry Alert on its upcoming SWPM final rule. See ITT's Online Archives or 09/11/03 news, 03091110 for earlier BP update on the upcoming final rule.See ITT's Online Archives or 05/23/03 news, 03052310, for Part II of BP's summary of the proposed rule on ISPM 15, with a link to Part I.)
APHIS Designates Two Groups to Oversee ISPM 15 Treatment for SWPM Exports
APHIS is the government agency responsible for implementing ISPM 15 for exports of SWPM and has designated the National Wood Pallet and Container Association (NWPCA) to oversee the fumigation (methyl bromide) program while the American Lumber Standards Committee (ALSC) has been designated to oversee the heat treatment program.
APHIS states that for details pertaining to fumigation and marking requirements, interested parties should contact NWPCA (fumigation) at (703) 519-6104 or visit their Web site at http://www.nwpca.com/ExportTreatment/ExportTreatmentProg.htm. With regard to heat treatment, APHIS refers interested parties to the ALSC, which can be reached at (301) 972-1700 and whose Web site is http://www.alsc.org/WPM_summary_mod.htm.
Countries Are Beginning to Implement ISPM 15 for SWPM
The NWPCA states that 120 countries have agreed to implement ISPM 15 for SWPM. According to APHIS, China, Korea, and the European Union have notified the WTO of their intent to adopt measures in line with the ISPM 15. NWPCA states that the European Union anticipates a starting date in July 2004, while APHIS sources note that China may implement measures in line with ISPM 15 in the March 2004 timeframe.
(1 Please correct BP's summary of the October 2003 Industry Alert that appeared in ITT's 11/06/03 news, 03110605, which erroneously stated that the 1999 proposed rule on SWPM from the Mexican border states would also remove the exemption for Canada.)
APHIS SWPM Web page available at http://www.aphis.usda.gov/ppq/swp/