| Title: | APHIS PACKING RULES |
|---|---|
| Date: | 1995-12-20 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : LEO WELLS
SUBJECT : OGA-APHIS PACKING RULES
DATE : 12/20/95
5353111
DECEMBER 19, 1995
RES-1-FO:TC:I:E LW
CATEGORY: RES
TO: ALL PORT AND AREA DIRECTORS OF CUSTOMS
FROM: DIRECTOR, TRADE COMPLIANCE DIVISION
RE: ELIMINATION/MODIFICATION OF CERTAIN APHIS IMPORT DOCUMENT
REQUIREMENTS FOR PALLETS AND OTHER SOLID WOOD PACKING MATERIALS
PASS TO: ALL NATIONAL IMPORT SPECIALISTS, IMPORT SPECIALISTS,
ENTRY OFFICERS AND INSPECTORS AND IMPORTER AND BROKER
ASSOCIATIONS
WE REFER TO OUR PREVIOUS EMAIL MESSAGE 5264111 OF SEPTEMBER 21,
1995, RELATING, IN PART, TO THE POSTPONEMENT OF IMPLEMENTATION OF
THE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) IMPORT
DOCUMENT REQUIREMENTS FOR PALLETS AND OTHER SOLID WOOD PACKING
MATERIALS. IN THIS REGARD, APHIS HEADQUARTERS HAS REQUESTED AND
CUSTOMS HAS CONCURRED IN IMPLEMENTING THE FOLLOWING NEW PROCEDURES
WHICH ARE TO BE EFFECTIVE AS NOTED HEREIN.
ACTIONS:
1. ELIMINATION OF IMPORTER CERTIFICATION STATEMENT FOR PALLETS
AND OTHER SOLID WOOD PACKING MATERIALS (EXCEPT AS NOTED
BELOW)
- APHIS IS IN THE PROCESS OF ELIMINATING THE REQUIREMENT FOR
THE IMPORTER CERTIFICATION STATEMENT, "THE SOLID WOOD PACKING
MATERIALS ARE TOTALLY FREE FROM BARK AND APPARENTLY FREE FROM
LIVE PLANT PESTS." APHIS ADVISES THAT IT WILL TAKE SEVERAL
MONTHS BEFORE THE CHANGE IS MADE BY ISSUANCE OF A FEDERAL
REGISTER NOTICE.
PRIOR TO PUBLICATION OF THIS CHANGE IN THE FEDERAL REGISTER,
APHIS WILL NOT REQUIRE IMPORTERS TO COMPLY WITH THE WRITTEN
IMPORTER CERTIFICATION STATEMENT AS LISTED IN SUCH FEDERAL
REGISTER. HOWEVER, THE APHIS REGULATION ON FREEDOM FROM BARK
AND PLANT PESTS WILL NOT CHANGE AND IMPORTERS MUST INSURE
THEIR SHIPMENTS MEET THIS REQUIREMENT.
2. PALLETS AND OTHER SOLID WOOD PACKING MATERIALS ASSOCIATED WITH
CARGO OTHER THAN CANADA AND ADJACENT BORDER STATES IN MEXICO
A. IF THE PALLETS OR OTHER SOLID WOOD PACKING MATERIALS ARE
COMPLETELY FREE OF BARK AND ARE USED WITH NON-REGULATED
MATERIALS (NOT REGULATED UNDER 7 CFR 319.40 ARE COMMOD-
ITIES SUCH AS MANUFACTURED WOOD ARTICLES, MACHINERY,
CHEMICALS OR MARBLES), THEN THE PALLETS OR OTHER SOLID WOOD
PACKING MATERIALS ARE SUBJECT TO INSPECTION BY APHIS. NO
CERTIFICATION STATEMENT, SIGNATURE, NOTICE OF ARRIVAL OR
PERMIT IS NECESSARY.
B. IF THE PALLETS OR OTHER SOLID WOOD PACKING MATERIALS ARE
NOT FREE OF BARK, AND ARE USED WITH NON-REGULATED
MATERIALS, THEN THE PALLETS OR OTHER SOLID WOOD PACKING
MATERIALS ARE SUBJECT TO INSPECTION AND REQUIRE AN IMPORTER
DOCUMENT STATING THAT THE PALLETS OR OTHER SOLID WOOD
PACKING MATERIALS HAVE BEEN HEAT TREATED, FUMIGATED, OR
TREATED WITH PRESERVATIVES. NO SIGNATURE, NOTICE OF ARRIVAL,
OR PERMIT IS NECESSARY TO ACCOMPANY THE CERTIFICATION
DOCUMENT.
C. PALLETS OR OTHER SOLID WOOD PACKING MATERIALS USED WITH
REGULATED MATERIAL REQUIRING A SPECIFIC PERMIT (REGU-
LATED ARTICLES UNDER 7 CFR 319.40 ARE COMMODITIES SUCH AS
LOGS, LUMBER AND OTHER UNMANUFACTURED WOOD ARTICLES) MUST
MEET THE IMPORTATION REQUIREMENTS OF THE REGULATED ARTICLE
AS STATED ON THE PERMIT.
3. PALLETS AND OTHER SOLID WOOD PACKING MATERIALS ORIGINATING IN
(AND NOT TRANSITING OUTSIDE OF) CANADA AND ADJACENT BORDER
STATES OF MEXICO
- IN THIS CASE, THEY ARE SUBJECT TO APHIS INSPECTION AND VERI-
FICATION OF THE ORIGIN OF THE SHIPMENT (NOT THE ORIGIN OF
THE ASSOCIATED PALLETS, DUNNAGE OR CRATING).
4. NEW OR RECONDITIONED PALLETS IMPORTED AS CARGO FROM COUNTRIES
OTHER THAN CANADA AND THE ADJACENT BORDER STATES OF MEXICO
- THESE PALLETS REQUIRE AN APHIS IMPORT PERMIT PRIOR TO
IMPORTATION. CONDITIONS WILL BE SPECIFIED ON THE PERMIT.
5. USED PALLETS IMPORTED AS CARGO FROM COUNTRIES OTHER THAN
CANADA AND THE ADJACENT BORDER STATES OF MEXICO
- THESE PALLETS ARE SUBJECT TO INSPECTION BY APHIS AND REQUIRE
A STATEMENT THAT "THE PALLETS WERE PREVIOUSLY ELIGIBLE FOR
IMPORTATION AND HAVE NOT HAD WOOD ADDED TO THEM SINCE THAT
USE" BE PRESENT ON ONE OF THE IMPORTER DOCUMENTS. NO
SIGNATURE, NOTICE OF ARRIVAL OR PERMIT IS NECESSARY TO
ACCOMPANY THE STATEMENT.
6. OTHER APHIS INFORMATION RELATING TO SOLID WOOD PACKING
MATERIALS
- APHIS ADVISES THAT IMPORTERS CAN HELP COMMUNICATE THE NEW
APHIS REQUIREMENTS TO EXPORTERS AND SHIPPERS THROUGH
ORDERING PROCEDURES, LETTERS OF CREDIT AND INFORMATION TO
SHIPPING ASSOCIATIONS.
- THE APHIS FEDERAL REGISTER NOTICE CONCERNING THE PACKING
ISSUE (PUBLISHED ON MAY 25, 1995) WAS BASED ON THE NEED
TO PROTECT AMERICAN AGRICULTURE AND FORESTRY FROM EXOTIC
PLANT PESTS. SEVERAL INSTANCES OF PLANT PEST INTRODUCTIONS
RESULTING FROM DUNNAGE OR PACKING MATERIAL HAVE OCCURRED
IN RECENT YEARS, INCLUDING THE PINE SHOOT BEETLE AND TWO
OTHER SPECIES OF BARK BEETLE PESTS IN THE GREAT LAKES
REGION.
- APHIS IS AWARE OF THE DIFFERENCES IN QUARANTINE RISK FROM
VARIOUS COMMODITIES AND LOCATIONS AND THEIR INSPECTION
LEVELS WILL BE CONCENTRATED ON THE AREAS OF GREATEST RISK.
7. DATE OF FULL APHIS ENFORCEMENT
- APHIS STATES THAT IT WILL COMPLETELY ENFORCE THE PACKING RULE
PERTAINING TO PALLETS AND SOLID WOOD PACKING MATERIALS ON
JANUARY 1, 1996. WHEN IT IS COMPLETELY ENFORCED, CIVIL
PENALTIES VARYING FROM A LETTER OF WARNING FOR A MINOR FIRST
OFFENSE TO PENALTIES OF $500 TO $1,000 PER COUNT MAY BE
ASSESSED BY APHIS. IN ADDITION, THAT AGENCY MAY ALSO SEEK
CRIMINAL PENALTIES FOR SERIOUS, FLAGRANT OFFENDERS.
8. APHIS/CUSTOMS CONTACTS
- IMPORTER QUESTIONS SHOULD BE DIRECTED TO DEPARTMENT OF
AGRICULTURE HEADQUARTERS,, PLANT PROTECTION AND QUARANTINE
PORT OPERATIONS OFFICE AT (301) 734-8295.
- QUESTIONS BY CUSTOMS OFFICERS SHOULD BE DIRECTED TO
CUSTOMS HEADQUARTERS, TRADE COMPLIANCE DIVISION, COMMERCIAL
ENFORCEMENT, AT (202) 927-0771 OR CARGO CONTROL AT (202)
927-3112.
PHILIP METZGER