APHIS Final Rule on Treatment, Marking of All Regulated Wood Packaging Material Prior to Importation

This is Part III, the final part of a multipart series of summaries on this final rule, and highlights APHIS' preamble discussion of the requirements of this final rule as well as APHIS' responses to certain comments received in connection with the proposed rule. (See ITT's Online Archives or 09/17/04 and 09/20/04 news, 04091710 and 04092020, for Parts I and II of BP's series of summaries.)

Highlights of Preamble and Comments

APHIS to remove China (including Hong Kong) SWPM requirements.In the preamble to its final rule, APHIS explains that it has determined to apply the International Plant Protection Convention's (IPPC's) Guidelines (see Part I) to regulated WPM from China, including Hong Kong, and to remove the special provisions for solid wood packing material (SWPM) from China, including Hong Kong, in 7 CFR 319.40-5(g) through (k).

Canada to continue to be exempt; Mexico to be subject to requirements except for its "border state firewood, etc." exemption. Because a recent final rule removed the exemption for most unmanufactured wood, including WPM, imported from the Mexican border states, APHIS says that all regulated WPM from Mexico - except for the exemption for firewood, etc. from the Mexican border states - will be subject to the same requirements in 7 CFR 319.40-3(b) that apply to regulated WPM from any place but Canada.

(With respect to Canada, regulated articles (unmanufactured wood articles, including regulated WPM) other than of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the botanical family Rutaceae are exempt from 7 CFR 319.40-3(b) and may be imported from Canada under general permit pursuant to 7 CFR 319.40-3(a).

APHIS adds that Canada is implementing its own regulations requiring WPM imported into Canada to be treated in accordance with the IPPC Guidelines. APHIS also states that it is currently developing a pest risk assessment for wood from Canada, and if it identifies any significant risks that have not been addressed by current regulations, APHIS says that it will take appropriate rulemaking action.

See ITT's Online Archives or 09/07/04 news, 04090710, for BP summary of APHIS final rule amending 7 CFR 319.40-3(a) to modify the exemption for the Mexico border states, restate the Canada exemption, etc.)

Adoption of IPPC Guidelines to result in uniform requirements for exports and imports.According to APHIS, by adopting the IPPC's Guidelines in this final rule, U.S. companies will not need to comply with one set of WPM requirements for goods exported from the U.S. and another set of requirements for goods imported into the U.S.

In addition, using regulated WPM that has been treated and marked in accordance with the IPPC Guidelines will also reduce the practice, common in trade today, of re-treating SWPM immediately prior to its reuse to assure the receiving country that treated SWPM is used with a shipment.

APHIS will encourage use of alternative packing materials.APHIS states that it will continue to encourage use of alternative packing materials by exporters for whom they are economically feasible, adding that the increase in cost of regulated WPM resulting from the final rule's requirements may actually provide incentive to some exporters to seek cost-effective alternatives such as corrugated board, veneer, oriented strand board, and plywood.

APHIS expects use of methyl bromide to decrease in future.In response to a comment citing certain U.S. government data that predicts, among other things, a 10-fold increase in the use of methyl bromide for quarantine purposes, APHIS states that it believes such estimates are high because many developed nations will use heat treatment rather than methyl bromide fumigation for compliance with IPPC Guidelines. APHIS adds that it expects fumigation of regulated WPM to decline over time as shippers build a stockpile of treated pallets, which normally can be used for up to 3 years.

Availability of treatment in Africa, etc. One comment contends that since methyl bromide fumigation and heat treatment facilities are generally unavailable in may parts of Africa and Indonesia alternative treatments such as Borax and the fungicide/insecticide Xylolit B4 should be allowed. APHIS states that while it is willing to review any scientific data regarding other treatments and will consider adding treatments that are proven effective, when the final rule goes into effect, only regulated WPM treated according to the final rule's regulations will be accepted.

Regulated WPM in fruit/vegetable shipments and dunnage. In response to comments contending that WPM containers of imported fresh fruits and vegetables and dunnage carried aboard steel transport ships should not be required to be treated and marked, APHIS states that both these types of WPM pose significant pest risk and must be treated.

In the case of WPM used for fruits and vegetables, APHIS notes that importers of these products may be able to avoid having their containers considered to be regulated WPM by redesigning them to eliminate the thicker pieces of raw wood often used as corner supports. To be exempted, the corner supports would have to be replaced with exempt material (plywood, particle board, veneer, etc) or with bundled pieces of raw wood each of which is no more than 6 mm (0.24 in) thick.

APHIS adds that containers using pieces of raw wood less than 6 mm thick and containers made wholly of manufactured wood would be exempt from regulation.

With respect to dunnage, APHIS states that it is frequently made of the type of low quality wood that poses the greatest pest risk; therefore, it is necessary that dunnage be treated and marked the same way as any other regulated WPM.

APHIS will not require regulated WPM to be free of bark. In response to a comment asking if APHIS intends to require that regulated WPM be bark-free, APHIS states that it will not require this wood to be bark free as long as it has been properly treated.

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