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November 9, 2005
IPPC-ISPM 15 Wood
Packaging – USA-Canada as of February 2nd, 2006
Dear CWPCA/ACMPC Member:
Extension of Drop-Dead Date
As of September 12, 2005 the governments of North American
have decided to extend the drop-dead date or compliance date for imported
WPM from all countries to February 1, 2006.
The date was changed when the government survey was returned
and only 34% of US and 60% of Canadian consumers where confident they
understood and are ready for the implementation of both the import and
export of certified wood packaging/IPPC-ISPM 15.
Therefore, all imported merchandise using Wood Packaging
Material-WPM [wooden pallets, boxes, crates, blocking, bracing, dunnage,
spacers, bearers, heavy and light crating] will have an additional six
months to recognize and accept the demands of IPPC-ISPM 15 when shipping
to all NAFTA countries.
By reciprocal
regulations, Wood Packaging Material made from Canadian origin wood or U.S.
origin wood (or a combination of Canadian origin wood and U.S. origin wood)
will be exempt from treatment and marking under this regulation when used in
trade between these two countries. For purposes of enforcement of this
exception, and absent acceptable proof to the contrary, U.S. Customs and
Border Protection (CBP) will consider the country of origin of merchandise
coming from Canada to be the country of origin of the accompanying WPM.
Because some exemptions exist for Canadian origin WPM that do not exist for
Mexican origin material, we anticipate more instances of returned WPM on our
southern border. At this time CBP is still in discussion with colleagues in
both Canada and Mexico on the best way to implement returns of non-compliant
WPM. Detailed instructions on this aspect of our WPM implementation will be
issued during Phase I,
Be advised the United States and Canada have mutually
agreed not to regulate wood packaging moving between their two
countries and recognize that the existing pest specific regulatory controls
already in place as sufficient protection.
Additional details on the new requirements may be found on
the following websites:
1.
www.customs.ustreas.gov/
choose Wood Packaging Material (WPM)
choose Implementation plan
2. www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm/wpm_faq.xml
3.
www.inspection.gc.ca/english/plaveg/for/cwpc/wdpkgqae.shtml
choose Question 10 for the answer.
CHANGE - Origin Canada/Made in Canada
– No enforcement by US Customs & Border Protection
Trevor Yu of the CFIA, on our conference call of this week, stated that the
U.S.A has agreed not to enforce requirements that Canadian wood packaging be
accompanied with a declaration identifying the wood packaging as Canadian
Origin. This information is posted as a frequently asked question on the
Customs & Border Protection Website at
www.cbp.gov/linkhandler/cgov/import/commercial_enforcement/wpm/wpm_faq.ctt/wpm_faq.doc
It states
| Q:
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What kinds of WPM are covered by
this rule? |
| A:
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Most wood packaging materials
are covered by the new rule including wooden packaging materials
such as pallets, crates, boxes, and pieces of wood used to
support or brace cargo. These materials are currently referred
to as solid wood packing material (SWPM), which is defined as
‘‘[wood packing materials other than loose wood packing
materials, used or for use with cargo to prevent damage,
including, but not limited to, dunnage, crating, pallets,
packing blocks, drums, cases, and skids.” |
| Q: |
Are there any exceptions to the
rule? |
| A: |
There are certain exceptions,
yes. They are:
- Manufactured wood materials
such as fiber board, plywood, whisky and wine barrels,
plywood, strand board, and veneer,
- Pieces of wood that are less
than 6 mm (0.24 in) in any dimension,
- Sawdust, wood wool, and wood
shavings, produced as a result of sawing or shaving wood
into small, slender, and curved pieces less than 6 mm in any
dimension, and
- WPM used by the U.S.
Department of Defense (DOD) to package non-regulated
articles, including commercial shipments pursuant to a DOD
contract.
Firewood, mesquite wood for
cooking, and small, noncommercial packages of unmanufactured
wood for personal cooking or personal medicinal purposes will
continue to be allowed to enter directly from Mexican border
states.
In addition, by reciprocal
regulations in the U.S. and Canada, WPM made entirely from
Canadian origin wood or U.S. origin wood are exempt from the
treatment and marking requirements in trade between the two
countries. Please see additional detail in the next few
questions for shipments to and from Canada.
USDA has grandfathered in all
wine crates for vintage years preceding 2006. This means that
wine crates for any wine with a vintage year through 2005 are
exempt from treatment and marking requirements regardless of
when entry is made. Wines of vintage year 2006 and beyond will
be required to be in crates that have been treated and marked.
Articles of wood that are
manufactured to transport a specific non-regulated commodity
(for example, fuel gauges, armaments, ammo boxes, etc.) are not
considered to be WPM and are not required to be treated and
marked.
WPM that is part of any bundle of
imported lumber is exempt from the rule. Other WPM used in the
transport of bundled lumber (for example, pallets or planks) are
not exempt and are regulated WPM.
There is no requirement for
treatment or marking of WPM in domestic circulation.
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| Q:
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Please explain the Canada
exception to the rule. |
| A: |
WPM made entirely of Canadian
origin wood or U.S. origin wood is exempt from the treatment and
marking requirements in trade between the two countries. The
exception only pertains to WPM coming directly to the U.S. from
Canada or directly to Canada from the U.S.
For purposes of enforcement of
the USDA WPM rule, CBP has decided that the country of origin of
the commodity is the country of origin of the WPM on all
shipments coming from Canada absent an indication to the
contrary. In other words, WPM in shipments of Chinese-made goods
coming from Canada will be considered Chinese and must be
treated and marked unless there is documentation to prove the
WPM is Canadian. WPM in shipments of Canadian-made goods coming
from Canada will be considered Canadian and need not be marked.
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| Q: |
I still don’t understand the
Canada rule—am I required to have a statement or not? |
| A: |
CBP has decided for operational
purposes that the country of origin of the associated
merchandise is the country of origin of the WPM absent
indication to the contrary. Therefore,
- If the country of origin of
the goods is Canada, and the goods are coming directly from
Canada into the U.S., we will hold that the country of
origin of the WPM is also Canada absent an indication to the
contrary. Canada origin WPM is exempt from the regulation,
so nothing more is required.
- If the country of origin of
the goods is, say, China, and the goods are coming directly
from Canada into the US, we will hold that the country of
origin of the WPM is also China absent an indication to the
contrary; China origin WPM need to be treated and marked.
- If the country of origin of
the merchandise, to follow through on this example, is
China, but it has been repackaged in Canada on Canadian WPM,
and the shipment is coming directly from Canada into the
U.S., we will still hold that the country of origin of the
WPM is China absent an indication to the contrary. A
statement is the simplest way to provide CBP with an
indication to the contrary.
In a nutshell, then, if other-than-Canada origin merchandise
is coming directly from Canada into the U.S. with Canada
origin WPM, CBP needs some way to know that the WPM are
Canada origin. This can most simply be a statement that the
officer will see when the load arrives.
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Repaired IPPC-ISPM 15 Pallet Used for
Domestic Use
This office has been informed that if a pallet retrieval company collects an
IPPC-ISPM 15 stamped pallet and repairs that pallet, this repair company is
allowed to repair that pallet with a new green board, HT board or used board
and sell this pallet for domestic use.
This company does not have to re-heat treat
that unit if it is being used for domestic use.
To be able to use this wooden pallet/box/wood
packaging the company must eliminate or black out the IPPC-ISPM 15 mark
prior to sale.
This obliteration of the IPPC-ISPM 15 mark
guarantees that this pallet or box cannot be sold for export until it has
been re-heated and certified using the IPPC-ISPM 15 stamp of the pallet
company wishing to sell this unit as an export pallet.
Domestic use of this wooden pallet/box/wood
packaging is defined as, “the movement of this unit across Canada and into
the USA.”
Fraternally yours;

Gordon Hughes
Executive General Manager
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