Implementation of the Wood Packaging Material (WPM) Regulation

Background:

APHIS revised the import regulations for WPM to be consistent with the International Plant Protection Convention standard ISPM #15. The regulation restricts the importation of many types of wooden packaging materials such as pallets, crates, boxes, and dunnage.

The revised WPM regulation is effective September 16, 2005. The regulation requires WPM in use in international trade to be treated. The approved treatments are:

1) heat treatment to a minimum wood core temperature of 56ºC for a minimum of 30 minutes or

2) fumigation with methyl bromide. The term “solid wood packing material” used in previous USDA import regulations has been changed to “wood packaging material” to be consistent with ISPM #15.

WPM must be marked with the IPPC logo and the two letter ISO code for the country that treated the WPM. The marking must also include the unique number assigned by the national plant protection organization to the company responsible for ensuring the WPM was properly treated, and either the abbreviation HT (heat treatment) or MB (methyl bromide). Paper certification (treatment certificates) will not be required.

Examples of the WPM mark can be seen on our newsletter front page

Exemptions:

WPM made entirely of manufactured wood material (e.g. particle board, plywood, oriented strand board) and wine and whiskey barrels, or WPM made entirely of thin pieces of wood, (6mm thickness or less) is exempted from the treatment and marking requirements. WPM made of Canadian origin wood is also exempted from the treatment/marking requirements.

(7CFR 319.40-3). Since determining wood origin will be very difficult and Canada is implementing ISPM #15 requirements, WPM arriving from Canada will be allowed to enter the U.S. without the IPPC mark. WPM from Canada will be inspected for pests.

Implementation Phases:

First Year of Implementation (From present – September 15, 2005)

The revised WPM regulation is effective September 16, 2005. During the one year implementation phase, WPM may be imported if in compliance with either current import requirements or the international standard for WPM (ISPM#15).

A. Shipments imported from China or Hong Kong must:

• Be accompanied by an exporter’s statement in the commercial invoice, bill of lading, or other similar document (including a paper or electronic manifest) stating that the shipment contains no WPM,

or

• Be accompanied by a certificate signed by an official of the Chinese government or an approved Hong Kong fumigator stating that the wood was heat treated to a minimum of 71.1ºC for 75 minutes or treated with T404 (methyl bromide or kiln dried) or its equivalent,

or

• Have treated and marked WPM in compliance with ISPM #15.

WPM not in compliance with the above requirements must be destroyed or reexported.

B. WPM imported from all countries other than China or Hong Kong must be:

1. Free of bark,

or

2. Accompanied with documentation stating the WPM was treated with T404 (methyl bromide or kiln dried) or its equivalent, or heated to a minimum of 71.1ºC for 75 minutes,

or

3. Treated and marked in compliance with ISPM #15.

WPM not in compliance with the above requirements must be treated, destroyed or reexported.

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 reexported. 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.

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Trade Alert  April 22, 2005
Initiation of Antidumping Duty Investigation on Imports of
Certain Artist Canvas from China

The products covered by this investigation are artist canvases regardless of dimension and/or size, whether assembled or unassembled (i.e., kits that include artist canvas and other items, such as a wood frame), that have been primed/coated, whether or not made from cotton, whether or not archival, whether bleached or unbleached, and whether or not containing an ink receptive top coat. Artist canvases, printable canvases, floor cloths, and placemats are tightly woven prepared painting and/or printing surfaces. Artist canvases subject to this investigation are currently classifiable under subheadings 5901.90.20.00 and 5901.90.40.00. Specifically excluded from the scope of this investigation are tracing cloths and stretcher strips, whether or not made from wood, so long as they are not incorporated into artist canvases or sold as part of an artist canvas kit. In May, the ITC will make an initial determination as to whether the domestic industry is materially injured, or is threatened with material injury, as a result of imports of subject merchandise from the PRC. Dumping margins may range between 242.09 to 264.09%

The United States has many bilateral agreements that have at their core, duty preference (reduction) for many imported articles from these countries. Usually, these bilateral agreements extend duty preferences to US made goods exported to these countries. Here are the current bilateral agreements: Andean, Australia, Bahrain, Central America (and Dominican Republic), Israel, Jordan, Morocco, Panama, Singapore, Southern Africa, Uraguay, Chile.

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Trade Alert  April 14, 2005
ITC DETERMINES TO RETAIN ANTIDUMPING AND COUNTERVAILING DUTY MEASURES ON CERTAIN HOT-ROLLED FLAT-ROLLED CARBON-QUALITY STEEL PRODUCTS FROM BRAZIL, JAPAN, AND RUSSIA.

The U.S. International Trade Commission (ITC) today determined that revoking the existing countervailing duty and antidumping duty orders on certain hot-rolled flat-rolled carbon-quality steel products from Brazil and Japan or terminating the suspended antidumping investigation on certain hot-rolled flat-rolled carbon-quality steel products from Russia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. As a result of the Commission's affirmative determinations and the Department of Commerce's recent affirmative findings, the existing orders on imports of these products will remain in place. Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.

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Trade Alert April 18, 2005
POLYETHYLENE TEREPHTHALATE (PET) RESIN FROM INDIA, INDONESIA, AND THAILAND DOES NOT INJURE U.S. INDUSTRY, SAYS ITC.

The United States International Trade Commission (ITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of polyethylene terephthalate (PET) resin from India that the U.S. Department of Commerce has determined are subsidized and imports of this product from India, Indonesia, and Thailand that the U.S. Department of Commerce has determined are sold in the United States at less than fair value.