Issue 429, February 17, 2004
The Animal and Plant Health Inspection Service (APHIS) issued a proposed rule on May 20, 2003 to require that imported solid wood packing material (SWPM) be either fumigated with methyl bromide or heat treated, as well as marked to show compliance, prior to importation. This follows an international standard, "Guidelines for Regulating Wood Packaging Material in International Trade", which was approved by the Interim Commission on Phytosanitary Measures of the International Plant Protection Convention (IPPC) on March 15, 2002.

SWPM includes all wood packing materials other than loose wood packing materials, used with cargo to prevent damage, including pallets, crating, cases, skids, dunnage, packing blocks and drums.

7 CFR 319.40 (Logs, Lumber, and Other Unmanufactured Wood Articles) exempts SWPM from Canada and from the Mexican Border States adjacent to the U.S. from most of the requirements of the unmanufactured wood article regulations. The May 20, 2003 proposed rule is not proposing any changes to these exemptions.

APHIS has, however, issued a proposed rule to eliminate most of the exemptions for the Border States of Mexico. This proposal will most likely go to the final rule stage.

The final rule on imported SWPM will probably go to the Office of Management and Budget (OMB) during the week of February 16, 2004, and will be published in the Federal Register in the April/May 2004 timeframe.

The final rule will apparently have a phase-in period of six months or longer, and APHIS expects to give all affected parties enough time to become compliant. APHIS does not expect to take any punitive action against those who are not in compliance during the phase-in period. They plan to issue notices of non-compliance during this period.

APHIS is urging all importers to meet the conditions of ISPM 15 and its proposed rule before the final rule is published. APHIS has also stated that beginning in January 2004, it would start notifying the exporting country?s National Plant Protection Organization of material exported to the United States and not appropriately treated and marked.

APHIS is the U.S. government agency responsible for implementing ISPM 15 for exports of SWPM to other countries. APHIS has designated the National Wood Pallet and Container Association (NWPCA) to certify the fumigation (methyl bromide) program. the heat treatment program. The heat treatment program will be overseen by the American Lumber Standards Committee (ALSC).

Details pertaining to fumigation and marking requirements are available by contacting NWPCA (fumigation section) at (703) 519-6104 or by visiting their Web site http://www.nwpca.com/ExportTreatment/ExportTreatmentProg.htm. Exporters wanting information regarding heat treatment should contact ALSC, which can be reached at the web site is http://www.alsc.org/WPM_summary_mod.htm or contact NWPCA (fumigation) at (703) 519-6104.

According to the NWPCA, 120 countries have agreed to implement ISPM 15 for SWPM. China, Korea, and the European Union have notified the WTO that they intend to adopt measures in line with the ISPM 15. The European Union anticipates a starting date in July 2004, and China may implement ISPM 15 measures by March 2004. SWPM shipped to those countries will have to be treated and marked as such before they will be allowed into those countries. It is also important to note that only heat and methyl bromide are currently acceptable in all countries. In the future other methods may become acceptable in certain countries.

Our contributing writer, Karl Krueger, is the Technical Advisor for DHL Danzas Air & Ocean in Port Huron, Michigan. If you have any questions or require further information, please contact Mr. Krueger at Karl.Krueger@dhl.com or 810 987 0567.

Please note that due to the complex nature of the subject matter, DHL Danzas Air & Ocean cannot be responsible for actions taken by the reader in reliance on the information contained herein without prior consultation with DHL Danzas Air & Ocean.