APHIS' Final Rule on Treatment, Marking of All Regulated Wood Packaging Material Prior to Importation
The Animal and Plant Health Inspection Service (APHIS) has issued a final rule, effective September 16, 2005, that APHIS states will affect all persons using regulated wood packaging material (regulated WPM) in connection with importing goods into the U.S.
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This is Part II of a multipart series of summaries on this final rule, and summarizes the regulations in 7 CFR 319.40 that are added or amended as a result of this final rule. (See ITT's Online Archives or 09/17/04 news, 04091710, for Part I of BP series of summaries. See future issues of ITT for additional BP summaries of this final rule.)
Definition of Regulated WPM Added, Definitions of Exporter/Importer Statements Removed, Etc.
In 7 CFR 319.40-1 (Definitions), this final rule will remove the definitions for "exporter statement", "importer statement", and "solid wood packing material (SWPM)." APHIS will also add the following two definitions to this section:
Regulated wood packaging material. 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.
Wood packaging material. Wood or wood products (excluding paper products) used in supporting, protecting, or carrying a commodity (includes dunnage).
Heat Treatment or Methyl Bromide Fumigation, and Marking of Regulated WPM
APHIS' final rule will substantially revise 7 CFR 319.40-3(b) so that it pertains to regulated WPM, rather than SWPM.
Specifically, 7 CFR 319.40-3(b) will be amended to provide that regulated WPM, whether for actual use as packing for regulated or nonregulated articles or imported as cargo, may be imported into the U.S. under a general permit in accordance with the following conditions:
Heat treatment or methyl bromide fumigation. Regulated WPM will be required to have been:
Heat treated to achieve a minimum wood core temperature of 56 C for a minimum of 30 minutes. Such treatments may employ kiln-drying, chemical pressure impregnation, or other treatments that achieve this specification through the use of steam, hot water, or dry heat; or
Fumigated with methyl bromide in an enclosed area for at least 16 hours at certain dosages specified in a table under 7 CFR 319.40-3(b)(ii). Following fumigation, fumigated products must be aerated to reduce the concentration of fumigant below hazardous levels, in accordance with label instructions approved by the Environmental Protection Agency (EPA).
Marking. Regulated WPM will be required to 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 requirements of 7 CFR 319.40-3(b).
- CFR 319.40-3(b)(2) contains a graphic which demonstrates the currently approved format and the required information (i.e. country code, producer number and the treatment type) abbreviated in the mark. (See final rule for example of this graphic and complete details of the requirements associated with this mark.)
Regulated WPM not bearing required mark to be immediately reexported. 7 CFR 319.40-3(b)(3) will state that an inspector at the port of first arrival may order the immediate reexport of regulated WPM that is imported without the above-described mark required by 7 CFR 319.40-3(b)(2), in addition to or in lieu of any port of first arrival procedures required by 7 CFR 319.40-9.
Exemption for regulated WPM used by DOD. 7 CFR 319.40-3(b)(4) will state that regulated WPM used by the Department of Defense (DOD) to package nonregulated articles, including commercial shipments pursuant to a DOD contract, may be imported into the U.S. without the above-described mark required by 7 CFR 319.40-3(b)(2).
Other changes that will be made by final rule. In addition to the above-described amendment, APHIS' final rule will amend 7 CFR 319.40-5(b)(1)(i)(C), (b)(2), and (b)(2)(i) (Importation and entry requirements for specified articles) to remove the words "solid wood packing materials" wherever they appear and inserting in their place "regulated wood packaging material"
APHIS' final rule will also amend footnote 5 to 7 CFR 319.40-10 (Costs and charges) by removing the phrase "without a complete certificate or exporter statement" and inserting in their place the phrase "without meeting the requirements of this subpart." (APHIS' final rule inadvertently stated "footnote 6" instead of footnote 5.)
See ITT's Online Archives or 05/21/03 and 05/23/03 news, 03052110 and (Ref: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, (Ref: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