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APHIS Proposes Allowing Imports of Certain Wooden Handicrafts from China to Resume Under Certain Conditions

The Animal and Plant Health Inspection Service has issued a proposed rule to amend its regulations to provide for the resumption of imports of certain wooden handicrafts from China under certain conditions.

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This action would allow for trade in certain Chinese wooden handicrafts to resume while continuing to protect the U.S. against the introduction of plant pests. Allowing the importation of these wooden handicrafts from China would necessitate the use of certain information collection activities, including the completion of phytosanitary certificates and identification tags of packages of wooden handicrafts.

Comments are due June 8, 2009.

Infestation Led to Suspension of Wooden Handicraft Imports from China in 2005

APHIS explains that from 2002 to 2005, it issued more than 300 emergency action notices and conducted national recalls to remove insect infested Chinese-origin wooden handicrafts from the U.S. marketplace.

Therefore, beginning April 1, 2005, APHIS suspended the importation of the following wooden handicrafts from China: handicrafts made from wooden logs, limbs, branches, or twigs greater than 1 centimeter in diameter with intact bark until a more thorough evaluation of the pest risks associated with those articles could be conducted.

(See ITT's Online Archives or 02/25/05 and 03/17/05 news, 05022500 and 05031705, for BP summaries of APHIS' suspension of wooden handicraft imports from China in 2005 and fact sheet on the suspension, respectively.)

Wooden Handicrafts That Would be Allowed Importation Include Carvings, Bird Houses, Manufactured Christmas Trees, Etc.

The handicrafts that would be allowed importation under certain conditions include the following products where wood is present: carvings, baskets, boxes, bird houses, manufactured Christmas trees, garden and lawn/patio furniture (rustic), potpourri, silk trees (typically artificial ficus trees), trellis towers, garden fencing and edging, and other items composed of wood.

Treatment, Phytosanitary Certificates, Identification Tags Would be Required

The subject wooden handicrafts would be able to be imported into the U.S. from China only if the following conditions were met:

Treatment. The wooden handicrafts would have to be treated with heat treatment in accordance with 7 CFR 319.40-7(c) or heat treatment with moisture reduction in accordance with 7 CFR 319.40-7(d). Wooden handicrafts that are less than 6 inches in diameter, may also be treated with methyl bromide fumigation in accordance with 7 CFR Part 305.

The application of the required treatments would take place in China before the products are exported to the U.S.

Phytosanitary certificate, declaration. All consignments of the wooden handicrafts would have to be accompanied by a phytosanitary certificate issued by the national plant protection organization of China. The phytosanitary certificate would be required to contain an additional declaration stating that the handicrafts were treated in accordance with this section and inspected and found free from quarantine pests.

Identification tag. All individual packages of wooden handicrafts would have to be labeled with a merchandise tag containing the identity of the product manufacturer. The identification tag would need to be applied to each package in China prior to exportation and remain attached to the package until it reached the location at which the wooden handicraft would be sold in the U.S.

Definition of "Wooden Handicraft" Would be Added, "Regulated Article" Revised

APHIS is also proposing to add a new definition of wooden handicrafts under 7 CFR 319.40-1 to establish the meaning of the term in the context of the proposed rule. In addition, APHIS is proposing to revise the definition of regulated article under 7 CFR 319.40-1, based on its long-standing interpretation of this definition. Specifically APHIS proposes these definitions:

Wooden handicrafts. A commodity class of articles derived or made from natural components of wood, twigs, and vines, and including bamboo poles and garden stakes. Handicrafts would include the following products where wood is present: carvings, baskets, boxes, bird houses, manufactured Christmas trees, garden and lawn/patio furniture (rustic), potpourri, silk trees (typically artificial ficus trees), trellis towers, garden fencing and edging, and other items composed of wood.

Regulated article. ( denotes new text ) The following articles, if they are unprocessed, have received only primary processing, or contain parts that are either unprocessed or have received only primary processing and are not feasibly separable from the other parts of the article: Logs; lumber; any whole tree; any cut tree or any portion of a tree, not solely consisting of leaves, flowers, fruits, buds, or seeds; bark; cork; laths; hog fuel; sawdust; painted raw wood products; excelsior (wood wool); wood chips; wood mulch; wood shavings; pickets; stakes; shingles; solid wood packing materials; humus; compost; litter; and wooden handicrafts.

- comments due June 8, 2009

APHIS contact - John Jones (301) 734-8860

APHIS proposed rule (D/N APHIS-2007-0117, FR Pub 04/09/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-8102.pdf