CSMS Message: 99-000009

TO : ALL ABI BROKERS.

FROM : LEO WELLS

SUBJECT : CHINESE SOLID WOOD PACKING

DATE : 12/23/1998

RES-1-FO:TC:I:O LW

TO: ALL TRADE COMPLIANCE PROCESS OWNERS

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: OGA-7-SOLID WOOD PACKING MATERIAL FROM CHINA

PASS TO: ALL NATIONAL IMPORT SPECIALISTS, IMPORT
SPECIALISTS, ENTRY OFFICERS, INSPECTORS, IMPORTERS AND
BROKERS

APHIS (ANIMAL AND PLANT HEALTH INSPECTION SERVICE)
ISSUED TWO RECENT FEDERAL REGISTER NOTICES CONCERNING
SOLID WOOD PACKING MATERIAL (SWPM) FROM CHINA (PRC)
(VOL. 63, NO. 205, AT PAGE 56781, DATED OCTOBER 23, 1998
AND VOL. 63, NO. 242, AT PAGES 69539-69543, DATED
DECEMBER 17, 1998). BOTH THESE NOTICES RELATE TO
IMPLEMENTATION OF APHIS IMPORT REQUIREMENTS FOR IMPORTS
OF CHINESE (PRC) AND HONG KONG GOODS WHETHER OR NOT
ACCOMPANIED BY CHINESE SWPM. THE FORMER NOTICE CLARIFIED
THE EFFECTIVE DATE WHILE THE LATTER NOTICE AMENDED THE
APHIS REGULATIONS FOR IMPORTING LOGS, LUMBER AND OTHER
UNMANUFACTURED WOOD ARTICLES BY ADDING TREATMENT AND
DOCUMENTATION REQUIREMENTS FOR SWPM FROM CHINA. IN THIS
REGARD, THE FOLLOWING PROCEDURES WILL BE IMPLEMENTED FOR
MERCHANDISE OF CHINESE (INCLUDING HONG KONG) ORIGIN
EXPORTED THEREFROM ON OR AFTER DECEMBER 17, 1998.

ACTIONS:

1. IMPORTS OF CHINESE OR HONG KONG GOODS WITH SWPM

A. APHIS DOCUMENTS FOR SWPM (FOREIGN CERTIFICATE AND
IMPORTER STATEMENT)

- MERCHANDISE OF CHINESE (PRC) OR HONG KONG ORIGIN
ACCOMPANIED BY CHINESE SWPM MAY ONLY BE ENTERED INTO THE
UNITED STATES IF THE IMPORTER OR BROKER HAS RETAINED
PRIOR TO ENTRY FILING (1) A COPY OF A FOREIGN GOVERNMENT
CERTIFICATE SIGNED BY AN OFFICIAL OF THE APPLICABLE
GOVERNMENT AGENCY AUTHORIZED BY THE GOVERNMENT OF THE
PRC OR THE GOVERNMENT OF THE HONG KONG SPECIAL
ADMINISTRATIVE REGION, STATING THAT THE SWPM HAS BEEN
HEAT TREATED, FUMIGATED OR TREATED WITH PRESERVATIVES
USING A TREATMENT SCHEDULE CONTAINED IN SECTION 319.40-7
OF 7 CFR OR IN THE PLANT PROTECTION AND QUARANTINE
TREATMENT MANUAL AND (2) AN IMPORTER STATEMENT (A
WRITTEN STATEMENT BY THE IMPORTER AFFIRMING THAT THE
IMPORTER HAS RETAINED AT HIS OFFICE THE FOREIGN
GOVERNMENT CERTIFICATE REQUIRED BY SECTION (G)(2)(I) OF
7 CFR 319).

- APHIS ADVISES THAT THE CHINESE GOVERNMENT CERTIFICATE
THAT THEY HAVE BEEN RECEIVING FOR CHINESE WOOD PRODUCTS
IN RECENT YEARS IS THE FORM 10-P,ENTITLED "FUMIGATION-
DISINFECTION CERTIFICATE" FROM THE MINISTRY OF
AGRICULTURE OF THE PRC.

- CUSTOMS AND APHIS TAKE THE POSITION THAT RETENTION OF
THE FOREIGN GOVERNMENT CERTIFICATE AND THE IMPORTER
STATEMENT WHICH ARE EXPECTED TO BE ON FILE PRIOR TO
CUSTOMS ENTRY AND ENTRY SUMMARY FILING WILL BE BASED ON
VOLUNTARY IMPORT COMPLIANCE ON THE PART OF THE IMPORTER
AND CUSTOMS BROKER REGARDLESS OF TYPE OF ENTRY FILING,
E.G., PAPERLESS FILING VS. PAPER FILING.

- FOR VERIFICATION PURPOSES, THE IMPORTER MUST PRODUCE A
COPY OF BOTH THE FOREIGN GOVERNMENT CERTIFICATE AND THE
IMPORTER STATEMENT UPON REQUEST OF APHIS OR CUSTOMS.

- AT THEIR OPTION, IN ORDER TO EXPEDITE RELEASE OF A
SHIPMENT, AN IMPORTER MAY PROVIDE A SWPM CERTIFICATE TO
THE APHIS INSPECTOR AT THE PORT OF FIRST ARRIVAL OF THE
SHIPMENT.

B. SWPM MARKING

EXPORTERS MAY ALSO AT THEIR OPTION, IN ORDER TO EXPEDITE
RELEASE OF THEIR SHIPMENT AT THE PORT OF FIRST ARRIVAL,
ARRANGE TO HAVE EACH ARTICLE OF SOLID WOOD PACKING
MATERIAL THAT HAS BEEN TREATED MARKED AT THE TREATMENT
FACILITY WITH A STAMP OR WEATHERPROOF LABEL THAT READS
"CHINA TREATED'. THIS TYPE OF MARKING, HOWEVER, IS NOT A
SUBSTITUTE FOR THE REQUIRED SWPM CERTIFICATE.

C. ENTRY REFUSAL BY APHIS UPON PHYSICAL INSPECTION OF
CARGO

- IF AN APHIS INSPECTOR DETERMINES THAT A SHIPMENT OF
CHINESE (INCLUDING HONG KONG) GOODS CONTAINS PLANT PESTS
OR CONTAINS SWPM THAT WAS NOT HEAT TREATED, FUMIGATED OR
TREATED WITH PRESERVATIVES, THE APHIS INSPECTOR MAY
REFUSE ENTRY OF THE ENTIRE SHIPMENT (MERCHANDISE AND
SWPM).

- IF AN IMPORTER DOES NOT PRODUCE UPON REQUEST BY AN
APHIS INSPECTOR THE CERTIFICATE REQUIRED FOR A SHIPMENT
OF CHINESE (INCLUDING HONG KONG) GOODS WITH SWPM, THE APHIS
INSPECTOR MAY ALSO REFUSE ENTRY INTO THE U.S. OF THE
ENTIRE SHIPMENT (MERCHANDISE AND SWPM) UNTIL THE SWPM
CERTIFICATE IS PRODUCED.

- FOR ANY SHIPMENT REFUSED ENTRY, IF THE APHIS INSPECTOR
DETERMINES THAT THE MERCHANDISE MAY BE SEPARATED FROM
THE SWPM AND THAT THE SWPM MAY BE DESTROYED OR
REEXPORTED WITHOUT RISK OF SPREADING PLANT PESTS, THE
APHIS INSPECTOR MAY ALLOW THE IMPORTER TO SEPARATE THE
GOODS FROM THE SWPM AT A LOCATION AND WITHIN A TIME
PERIOD SPECIFIED BY THE APHIS INSPECTOR TO PREVENT THE
DISSEMINATION OF PLANT PESTS AND DESTROY OR REEXPORT THE
SWPM UNDER SUPERVISION OF AN APHIS INSPECTOR.

D. DESTRUCTION OF INFESTED SWPM

- THE MEANS USED TO DESTROY INFESTED SWPM MUST BE
INCINERATION, OR CHIPPING FOLLOWED BY INCINERATION.

2. EXAMPLES OF SWPM

- APHIS CONSIDERS SWPM TO INCLUDE WOODEN PALLETS,
CRATING, DUNNAGE AND OTHER SOLID WOOD PACKING MATERIALS.

3. IMPORTS OF CHINESE OR HONG KONG GOODS WITHOUT SWPM
A. APHIS DOCUMENT FOR ABSENCE OF SWPM (EXPORTER
STATEMENT)

- MERCHANDISE OF CHINESE (PRC) OR HONG KONG ORIGIN NOT
ACCOMPANIED BY SWPM MUST HAVE ATTACHED TO THE COMMERCIAL
INVOICE, BILL OF LADING OR AIRWAY BILL, AN EXPORTER
STATEMENT STATING THAT THE SHIPMENT CONTAINS NO SWPM
WHEN SUCH DOCUMENTS ARE SENT TO THE IMPORTER OR BROKER.

- THE IMPORTER MAY ALSO PROVIDE THE EXPORTER STATEMENT
TO THE APHIS INSPECTOR AT THE PORT OF ENTRY PRIOR TO
ARRIVAL OF THE SHIPMENT FOR CARGO FACILITATION PURPOSES.

B. APHIS INSPECTION

- ANY SHIPMENT IS SUBJECT TO APHIS INSPECTION FOR SWPM,
AND IF SUCH INSPECTION IS ORDERED BY APHIS, THE SHIPMENT
WILL NOT BE GRANTED ENTRY INTO THE U.S. PRIOR TO
COMPLETION OF SUCH INSPECTION. IF THE APHIS INSPECTION
REVEALS SWPM, THE INSPECTOR MAY REFUSE ENTRY INTO THE
U.S. OF THE ENTIRE SHIPMENT (MERCHANDISE AND SWPM). ANY
SHIPMENT REFUSED ENTRY BY APHIS WILL BE SUBJECT TO
WHATEVER DISPOSITION APHIS DECIDES UPON, E.G., EXPORT OR
DESTRUCTION OF SWPM, ETC.

4. ABI ENTRY SUMMARY TRANSMISSIONS

- FOR INFORMATIONAL PURPOSES, ACS HAS ISSUED TWO
ADMINISTRATIVE MESSAGES, DATED NOV. 12 AND NOV 13, RELATING
TO ABI ENTRIES OF CHINESE (INCLUDING HONG KONG) GOODS
WITH RESPECT TO THE SWPM ISSUE. ONE IS ENTITLED "ABI NEW
'52' RECORD ABI ENTRY SUMMARY REQUIREMENT" (ADMIN 98-1040) AND
ONE CONCERNS "ABI CORRECTION TO NEW ABI '52' RECORD FOR
ENTRY SUMMARY" (ADMIN 98-1043).

5. SPECIAL PROVISIONS FOR AIR OVERNIGHT COURIERS AND AIR
EXPRESS DELIVERY COMPANIES

A. PRESENTATION OF FOREIGN GOVERNMENT CERTIFICATE FOR
SWPM

- OVERNIGHT COURIERS AND EXPRESS DELIVERY COMPANIES MUST
PRESENT TO AN APHIS INSPECTOR AT THE PORT OF FIRST
ARRIVAL, AT OR PRIOR TO THE TIME OF ENTRY, ONE OR MORE
CERTIFICATES FOR EACH ARRIVING AIRCRAFT THAT CARRIES
PACKAGES EMPLOYING SWPM. THE COMPANY MAY PRESENT ONE
CERTIFICATE IN CASES WHERE THE COMPANY HAS ARRANGED
TREATMENT OF ALL SWPM ON THE FLIGHT AND MAY PRESENT
MULTIPLE CERTIFICATES IN CASES WHERE PACKAGES WITH SWPM
WERE ACCEPTED FOR DELIVERY BY THE COMPANY FROM MULTIPLE
CUSTOMERS, EACH OF WHOM ARRANGED FOR TREATMENT AND
CERTIFICATION OF THEIR RESPECTIVE PACKAGES.

- THE CERTIFICATES MUST BE SIGNED BY AN OFFICIAL OF THE
APPLICABLE GOVERNMENT AGENCY AUTHORIZED BY THE PRC OR
THE HONG KONG SPECIAL ADMINISTRATIVE REGION, AS
APPROPRIATE, AND MUST STATE THAT THE SWPM, PRIOR TO
EXPORT THEREFROM, HAS BEEN HEAT TREATED, FUMIGATED OR
TREATED WITH PRESERVATIVES (SEE ITEM 1(A) IN THIS
REGARD).

B. PRESENTATION OF EXPORTER STATEMENT (SOME OR NO SWPM)

- IF THE AIRCRAFT CONTAINS NO PACKAGES THAT EMPLOY SWPM
OR CONTAINS BOTH PACKAGES THAT DO AND DO NOT EMPLOY
SWPM, THE OVERNIGHT COURIER OR EXPRESS DELIVERY COMPANY
MUST ALSO PRESENT TO AN APHIS INSPECTOR AT THE PORT OF
FIRST ARRIVAL, AT OR PRIOR TO THE TIME OF ENTRY, ONE OR
MORE EXPORTER STATEMENTS STATING THAT THE PACKAGES ON
THE AIRCRAFT NOT COVERED BY A CERTIFICATE CONTAIN NO
SWPM.

6. LIABILITY FOR NONCOMPLIANCE

- ANY FAILURE OF AN IMPORTER TO COMPLY WITH ANY OF THE
PROVISIONS REGARDING THE MAINTENANCE OR PRESENTATION OF
RECORDS OR INFORMATION AS PRESCRIBED BY APHIS MAY RESULT
IN LIABILITY UNDER THE CUSTOMS ENTRY BOND. ANY FAILURE
OF A CARRIER TO COMPLY WITH ANY OF THE PROVISIONS
REGARDING THE MAINTENANCE OR PRESENTATION OF RECORDS OR
INFORMATION AS PRESCRIBED BY APHIS MAY RESULT IN
LIABILITY UNDER THE INTERNATIONAL CARRIER BOND.

7. APHIS AND CUSTOMS HQ. CONTACTS

- FOR APHIS ASPECTS CONCERNING SWPM REQUIREMENTS,
IMPORTERS, BROKERS AND EXPORTER MAY CONTACT APHIS HQ. AT
(301) 734-3364, (301) 734-8259 OR (301) 734-6653.

- INQUIRIES ON CUSTOMS ASPECTS BY EXPORTING OR IMPORTING
PARTIES OR CUSTOMS OFFICERS SHOULD BE REFERRED TO
CUSTOMS HQ., TRADE COMPLIANCE DIV., OGAL BRANCH, AT
(202) 927-0771.

PHILIP METZGER