APHIS Issues Final Rule to Require Treatment and Marking of All Regulated Wood Packaging Material Prior to Importation

When implemented, this final rule will require all regulated WPM imported into the U.S. under general permit to be either heat treated or fumigated with methyl bromide, in accordance with the international standard entitled, "Guidelines for Regulating Wood Packaging Material in International Trade" that was approved by the International Plant Protection Convention (IPPC) in March 2002, which was developed to prevent the introduction and spread of a variety of pests, and marked with an approved international mark certifying treatment.

APHIS adds that adopting these guidelines will simplify and standardize trade requirements as China, Canada, the European Union (EU) and other countries are preparing to implement the IPPC Guidelines.

This is Part I of a multipart series of summaries on this final rule, and focuses on the delayed effective date and the new terms WPM and regulated WPM. (See future issues of ITT for additional BP summaries of this final rule.)

APHIS Focuses on Education Prior to Sept. 2005, Afterward Noncompliant Regulated WPM Must be Reexported

During the one-year period before the final rule's requirements become effective, APHIS states that it will conduct an information campaign to ensure that all affected parties are aware of the new regulatory requirements. APHIS states that this campaign will stress to affected parties that the use of alternate packing materials or heat treatment of regulated WPM are environmentally preferable alternatives for meeting the requirements.

As part of its campaign, APHIS inspectors at ports will focus on imported regulated WPM shipments that do not meet the new requirements, and will give the importers official notice explaining what they must do for future shipments (i.e. those arriving on and after September 16, 2005) to comply with the new requirements.

In its response to comments received concerning the proposed rule, APHIS states that once the final rule becomes effective, reexportation will be required for noncompliant regulated WPM arriving in the U.S.

APHIS' regulations currently use the term "solid wood packing material (SWPM)"; however, in the preamble to this final rule APHIS states that it is replacing this term with the term "regulated wood packaging material (regulated WPM)," which closely resembles the current definition of SWPM.

The final rule also defines "wood packaging material (WPM)," which APHIS states will match the definition of WPM used in the IPPC Guidelines.

APHIS states that the definition of regulated WPM differs from the existing definition of SWPM in that it explicitly excludes manufactured wood materials, such as fiberboard, plywood, whiskey and wine barrels, and veneer. APHIS has never regulated such materials but the definition of SWPM did not make that clear. The definition of regulated WPM also excludes pieces of wood that are less than 6 mm (0.24") in any dimension. Pieces of wood of this size are excluded because they are too thin to present any significant pest risk, and because the IPPC Guidelines suggest the 6 mm threshold for excluding wood pieces from regulation. This exclusion will exempt from regulation many types of small boxes used to ship fruit or other articles.

Final rule's definition of regulated WPM. Regulated WPM is defined as wood packaging material other than manufactured wood materials, loose wood packing materials, and wood pieces 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.

Final rule's definition of WPM. WPM is defined in the final rule as wood or wood products (excluding paper products) used in supporting, protecting or carrying a commodity (includes dunnage).

(Current definition of SWPM. SWPM is currently defined as 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.)

(See ITT's Online Archives or 05/21/03 and 05/23/03 news, 03052110 and 03052310, for Parts I and II of BP summary of APHIS' May 2003 proposed rule on the adoption of the IPPC Guidelines.

See ITT's Online Archives or 03/30/04 news, 04033010, for most recent BP summary on the delayed issuance of this final rule.)

APHIS Contact - William Aley (301) 734-5057

APHIS Final Rule (D/N 02-032-3, FR Pub 09/16/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-20763.pdf