Issue 426, December 26, 2003

On 30 October 2003, the United States Department of Agriculture's Animal Plant Health Inspection Service (APHIS) revised the implementation date for the new import requirements for Solid Wood Packaging Material (SWPM) from 1 January 2004 to April or May 2004.

The regulations for solid wood packaging material (SWPM) will affect all exported goods that utilize wood packing materials in any form.

Starting in January 2004, APHIS will begin issuing notices to National Plant Protection Organizations for SWPM imported into the United States that has not been appropriately treated and marked. However, no additional action will be taken on non-compliant material until the implementation date. The notices will serve as an information dissemination tool.

In anticipation of the finalization of the rule, APHIS encourages all importers to meet the conditions of the draft rule, which requires that all wood packaging material be appropriately treated and marked under an official program developed and overseen by the National Plant Protection Organization in the country of export.

The U.S.'s largest trading partners, Canada and Mexico, will implement the International Plant Protection Convention (IPPC) guidelines on 2 January 2004. Although the U.S. intends to delay full implementation of the new requirements until spring of 2004, APHIS will begin notifying countries of non-compliance beginning on 2 January 2004.

Background:
On 20 May 2003, APHIS announced in the US Federal Register its intent to amend its regulations to require that all SWPM entering the United States either be heat-treated or fumigated and marked accordingly. This draft rule is consistent with ISPM 15 of the International Plant Protection Convention (IPPC) entitled "International Guidelines for Regulating Wood Packaging Material in International Trade". The heads of the national plant protection organizations for the United States, Canada and Mexico have agreed upon 2 January 2004 as the target date for implementation of the IPPC guidelines. On that date, APHIS will begin notifying importers whose shipments are not in compliance with the international standard.

In 2002, the United States imported over $1.1 trillion of goods. A significant proportion (52 percent of the maritime shipments and 9 percent of the air shipments) arrived in the United States on, packed in, or containing some SWPM. Too often, this material carried more than its intended load, carrying environmentally and economically devastating species of forest pests. In recent years, outbreaks of the Asian Longhorned beetle, the Pine Shoot beetle, and the Emerald Ash borer have all been linked to the importation of SWPM. In response to the increasing level of interceptions, APHIS proposed new entry requirements for SWPM arriving in the United States. The proposed regulations were published in the Federal Register on 20 May 2003 http://www.APHIS.USDA.gov/ppq/swp/) These proposed regulations are based on ISPM 15 of the IPPC entitled "International Guidelines for Regulating Wood Packaging Material in International Trade", which was approved by the IPPC on 15 March 2002.

The IPPC is a multilateral treaty deposited with the Director-General of the Food and Agriculture Organization of the United Nations. The United States and 130 other countries are contracting parties to the IPPC. Australia, Canada, the European Union, New Zealand, and South Korea have also notified the WTO that they intend to implement requirements for wood packing material based upon the IPPC guidelines in order to reduce the pest risk associated with SWPM.

Solid Wood Packing Material (SWPM):
The new regulations cover coniferous and non-coniferous wood packaging material including pallets, dunnage, crating, packing blocks, drums, cases, load boards, pallet collars, and skids. Wood packaging made wholly of wood-based products such as plywood, particle board, oriented strand board or veneer that have been created using glue, heat and pressure or a combination thereof are not being regulated. These products are unlikely to be infested by raw wood pests during use. Wood packaging material such as veneer peeler cores, sawdust, wood wool and shavings, and raw wood cut into thin pieces are also not considered pathways for introduction of quarantine pests and are not being regulated.

New Treatment Requirements:
The new regulations will require SWPM entering the United States to be heat-treated or fumigated.

Heat-treatment:
Heat-treatment is defined as heating the SWPM to a minimum wood core temperature of 56 degrees Celsius for a minimum of 30 minutes. Kiln-drying, Chemical Pressure Impregnation (CPI), or other treatments may be considered to the extent that these processes meet the heat treatment specifications.

Fumigation:
Fumigation is defined as fumigating with methyl bromide in an enclosed area for at least 16 hours using the prescribed dosage table in the IPPC guidelines (http://www.IPPC.int/ipp/en/ISPM.htm) (ISPM #15, page 17). Fumigated products must be aerated after fumigation to reduce the concentration of fumigant below hazardous levels, in accordance with label instructions approved by the U.S. Environmental Protection Agency.

Other:
The IPPC guidelines list possible additional treatments including fumigation with chemicals other than methyl bromide, chemical pressure impregnation, irradiation, and treatment in controlled atmosphere. However, to date these treatments are not approved. With adequate documentation that these treatments are effective, the members of the IPPC can consider these treatments and may add them in the future.

Labeling Requirements:
The SWPM must 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 indicating that the article has been treated as required. The SWPM must be marked with an approved international mark certifying treatment. The mark must include a unique graphic symbol, the ISO two-letter country code for the country that produced the SWPM, a unique number assigned by the national plant protection agency of that country to the producer of the SWPM, and an abbreviation disclosing the type of treatment (HT for heat-treatment or MB for methyl bromide fumigation). The unique graphic portion is contained within the approved international mark.

Documentation:
No paperwork, certificate, or importer document need accompany SWPM carrying the approved international mark. An inspector at the port of first arrival may order the immediate re-export of SWPM that is imported without the approved international mark.

Implementation:
APHIS still anticipates phasing in the enforcement of the new measures, that is, accepting noncompliant wood packing (untreated and unmarked wood packing) for a period of time. During the beginning of the phase -in period, non-compliant wood packaging will be subject to inspection for pests and, if pest findings warrant, treatment at the point of entry. APHIS will also notify the National Plant Protection Organization of the shipping country if non-compliant shipments are found. As the phase-in period progresses, more robust action will be taken for non-compliant material until full implementation is achieved. At this point, a minimum number of options will be provided for non-compliant material, including re-exportation. Incidences of non-compliance will be jointly tracked by Canada, Mexico and the United States.