APHIS Modifies Restrictions on Certain Unmanufactured Wood Articles from the Mexican Border States, Etc
The Animal and Plant Health Inspection Service (APHIS) has issued a final rule which, effective September 27, 2004, amends the regulations at 7 CFR Part 319 in order to modify its restrictions on the importation of certain unmanufactured wood articles1 from the Mexican States adjacent to the U.S./Mexico border (Mexican Border States).
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(According to APHIS, these Mexican Border States are Baja California Norte, Chihuahua, Coahuila, Nuevo Len, Sonora, and Tamaulipas.)
This final rule also makes certain amendments to 7 CFR Part 319 with respect to unmanufactured wood articles from other Mexican states, Canada, and other countries, variously.
Unmanufactured Wood Articles from Canada or Mexican Border States Imported Under General Permit
APHIS is amending 7 CFR 319.40-3(a) regarding unmanufactured wood articles from Canada and the Mexican Border States imported under general permit in order to make the following changes (partial list; also see regulations for continuing requirements):
Unmanufactured wood articles from Mexican Border States no longer allowed (with one exception). Unmanufactured wood articles from the Mexican Border Statescan no longer be imported under general permit2 (with one exception).
firewood, etc. exception: commercial and noncommercial shipments of mesquite wood for cooking; commercial and noncommercial shipments of unmanufactured wood for firewood; and small, noncommercial packages of unmanufactured wood for personal cooking or personal medicinal purposes may continue to be imported into the U.S. under general permit.
Oral declaration for noncommercial shipments added. An importer document is only necessary for commercial shipments of unmanufactured wood articles from Canada or the Mexican Border States (the firewood, etc. exception) imported under general permit; noncommercial shipments of these articles imported under general permit now have the option of either an importer document or an oral declaration.
Statement regarding movement outside of Canada or Mexican Border States no longer required. The importer document for unmanufactured wood articles from Canada or the Mexican Border States (the firewood, etc. exception) imported under general permit no longer needs to state that the unmanufactured wood articles have never been moved outside of Canada or the Mexican Border States.
Alternative Methyl Bromide Treatment for Railroad Ties, Pine and Fir Lumber, from Mexican Border States
APHIS' final rule also adds a new 7 CFR 319.40-5(l) in order to allow cross-ties (railroad ties) 8 inches or less at maximum thickness and lumber derived from pine and fir to be imported from the Mexican Border States using the alternative of methyl bromide fumigation prior to arrival in the U.S., if certain specified conditions are met.
Railroad Ties From All Places Except Certain Places in Asia
APHIS is amending 7 CFR 319.40-5(f) regarding the importation of cross-ties (railroad ties) from all places except places in Asia that are east of 60 East Longitude and north of the Tropic of Cancer, in order to add the following:
Additional language on pressure treatment; heat treatment alternative. The importer document accompanying these railroad ties must now additionally state that the cross-ties will be pressure treated with: 1) a preservative, and 2) this pressure treatment will occur at a U.S. facility under an APHIS compliance agreement.
Alternatively, these cross-ties (railroad ties) may also be imported if heat treated in accordance with 9 CFR 319.40-7(c).
1unmanufactured wood articles, including solid wood packing material (SWPM), logs, lumber, etc., are referred to in 7 CFR 319.40 as "regulated articles." See 7 CFR 319.40-1 for definition of "regulated article."
prior to this change, unmanufactured wood articles from the Mexican Border States other than of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the botanical family Rutaceae were eligible for import under general permit.
(See ITT's Online Archives or 06/15/99 news, 99061483, for BP summary of proposed rule.)
APHIS Contact - Hesham Abuelnaga (301) 734-5334
APHIS Final Rule (D/N 98-054-3, FR Pub 08/26/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-19519.pdf