APHIS has accepted the recommendations of the International Plant Protection Convention for International Standards for Phytosanitary Measures.
By Federal Register notice dated September 14, 2004 , the new regulations became effective with a one year grace period through September 15, 2005 . Effective on September 16, 2005 , all wood packaging materials, (WPM) with limited exceptions, must be either fumigated or heat treated in accordance with the IPPC recommendations. In addition, such packaging materials must also be marked in accordance with the recommendations. Failure to comply with the regulations will result in the goods being re-exported.
The following is an excerpt from the APHIS website using the link to the "Implementation of the Wood Packaging Material (WPM) Regulation:"
Full Implementation - Importations after September 15, 2005
All WPM must be treated and marked in accordance with the regulation 7CFR 319.40-3(b), excluding WPM exempted by the regulation. WPM imported after September 15, 2005 without the IPPC mark must be re-exported. Treatment or destruction will not be permitted. Unmarked WPM may be separated from the commodity being imported, if the inspector determines separation can be done without pest escape. A user fee will be assessed for supervising the separation of the WPM from the cargo. Treatment will be allowed if hitchhiking (non-wood) pests are intercepted with IPPC marked WPM.
All wood packaging materials including pallets, crates, boxes and dunnage must be treated in one of the following two manners:
- heat treatment to a minimum wood core temperature of 56 degrees (Celsius) for a minimum of 30 minutes, or
- fumigation with methyl bromide (MB)
In addition, the WPM must be marked with the IPPC logo and the two-letter ISO code for the country that treated the WPM. It also must be marked with a unique number assigned by the national plant protection organization to the treatment facility, and either the abbreviation HT (heat treatment) or MB (methyl bromide). Paper certifications will no longer be required.
These regulations also specifically replace the current regulations that have been in effect for shipments from China or Hong Kong. Currently an exporter's statement in the commercial invoice, bill or lading or similar document stating that the shipment contains no WPM or a certificate from a Chinese government or Hong Kong fumigator stating that the wood was heat treated to a minimum of 71 degrees (Celsius) for 75 minutes or treated with methyl bromide was sufficient.
Now, all WPM must be either heat treated or treated with methyl bromide in accordance with the requirements discussed above. In addition the WPM must be marked accordingly.
Undoubtedly there will be an increase in inspections of shipments to ensure that any WPM is marked in accordance with the regulations. Apparently Customs has already begun inspecting shipments to see if the WPM is marked, despite the fact the regulations are not effective until September 16, 2005 .
Most importantly, if it is determined that WPM is not marked in accordance with the IPPC requirements, it must be re-exported. Treatment or destruction will not be permitted. If an inspector determines that the commodity can be separated from the WPM without pest escape he will allow the goods to stay in the country. A user fee will be assessed for supervising the separation of the WBP from the cargo.