APHIS is Not Expected to Issue Final Rule on SWPM Treatment & Marking Requirements Before Mid-2004
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 the International Standards for Phytosanitary Measures (ISPM) 15 entitled "Guidelines for Regulating Wood Packaging Material in International Trade." ISPM 15 was approved by the Interim Commission on Phytosanitary Measures of the International Plant Protection Convention (IPPC) on March 15, 2002.
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Publication of Final Rule Not Expected Before Middle of 2004
APHIS sources have previously stated that the final rule on SWPM would probably be published in the Federal Register in the April/May 2004 timeframe. However, APHIS has issued an updated industry alert which states that it is anticipating publication of this final rule no earlier than the middle of 2004.
Upon publication, APHIS anticipates a delayed implementation period, noting that the final rule will provide a firm date for implementation. This delay between publication and implementation will allow time for countries to establish programs so that they can be compliant with ISPM 15 and the final rule. (APHIS has previously stated that this phase-in period is expected to last six months or longer, during which time APHIS does not expect to take action against those who are not in compliance.)
APHIS Encourages All Exporting Countries to Meet Conditions of ISPM 15
APHIS' industry alert states that it is encouraging all exporting countries to meet the conditions of ISPM 15 and the proposed rule which require that all SWPM be appropriately treated and marked under an official program developed and overseen by the National Plant Protection Organization (NPPO) in the country of export. (In earlier industry alerts, APHIS had directed this encouragement toward importers.)
APHIS' updated industry alert also reflects the removal of text stating its intent to issue notices to NPPOs for SWPM not appropriately treated and marked. APHIS sources now state that APHIS will not be issuing such notices to NPPOs until the final rule is finalized and implemented. (APHIS had previously stated that it would issue such notices starting in January 2004 as an information dissemination tool only. However, in March 2004, APHIS stated that due to administrative difficulties the issuance of these notices had been delayed. See ITT's Online Archives or 03/08/04 news, 04030820, for most recent SWPM update.)
Korea and India Update APHIS on Implementation of their SWPM Requirements
APHIS has been notified that Korea's rule on SWPM will not enter into force until June 1, 2005 (shipping date). In addition, APHIS states that, effective immediately, India will now accept SWPM that has been appropriately treated and marked under the provisions of ISPM 15.
APHIS' SWPM Web page contains links to the official U.S. SWPM fumigation and heat treatment programs that provide details pertaining to treatment and marking requirements for SWPM from the U.S.
APHIS SWPM Web page available at http://www.aphis.usda.gov/ppq/swp/