Voluntary Report - public distribution

**Date:** 1/9/2004

**GAIN Report Number:** MX4502

MX4502

**Mexico**

**Solid Wood Products**

**Mexico Announces Emergency Standard for Solid Wood Packaging Materials
(NOM-EM-144-SEMARNAT-2003)**

**2004**

**Approved by:**

![](media/image1.wmf)Daniel A. Martinez

ATO Monterrey

**Prepared by:**

Edgar Ramirez

**Report Highlights:**

On November 26, 2003, the Mexican Secretariat of the Environment and
Natural Resources (SEMARNAT) published in the Diario Oficial (Mexico\'s
\"Federal Register\") a new phytosanitary standard to regulate Mexican
solid wood products used as packaging material. This action in in
response to an agreement between the Heads of the National Plant
Protection Organizations of the United States, Canada and Mexico under
ISPM 15 of the International Plant Protection Convention (IPPC)
entitled, \"Guidelines for Regulating Wood Packaging Material in
International Trade\".

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Monterrey ATO \[MX4\]

\[MX\]

**Disclaimer:** This summary is based on a *cursory* review of the
subject announcements and therefore should not, under any circumstances,
be viewed as a definitive reading of the regulations in question, or of
its implications for U.S. agricultural export trade interests. In the
event of a discrepancy or discrepancies between this summary and the
complete regulations or announcements as published in Spanish, the
latter shall prevail.

**Executive Summary:** On November 26, 2003, the Mexican Secretariat of
the Environment and Natural Resources (SEMARNAT) published in the
*Diario Oficial* (Mexico's "Federal Register") NOM-EM-144-SEMARNAT-2003,
an emergency regulation which outlines guidelines that will affect
Mexican solid wood products used as packaging material for exports. This
action is in response to an agreement between the Heads of the National
Plant Protection Organizations of the United States, Canada and Mexico
under ISPM 15 of the International Plant Protection Convention (IPPC)
entitled, "Guidelines for Regulating Wood Packaging Material in
International Trade", approved by the IPPC on March 15, 2002. The above
mentioned regulation is an Emergency *"NOM"* (Norma Oficial Mexicana)
which has a validity of 6 months. According to SEMARNAT authorities, the
emergency NOM will be replaced later this year (2004) following
publication in Mexico's "Diario Oficial" of PROY-NOM-014-SEMARNAT-2003,
which will also regulate imported solid wood packing material (SWPM).
Currently, NOM-014 is being reviewed by the Federal Commission of
Regulatory Improvement (COFEMER).

The target date agreed for implementation of the IPPC guidelines was
January 2, 2004. On May 20, 2003, the Animal and Plant Health Inspection
Service (APHIS) of the USDA announced in the Federal Register its intent
to amend its regulations according to the IPPC to require that all SWPM
entering the United States either be heat-treated or fumigated and
marked accordingly. However, on October 30, 2003 APHIS revised the
implementation date (2003 State Cable 153943) to April or May 2004, but
will begin issuing notices from January 2, 2004 to the National Plant
Protection Organizations for material not appropriately treated and
marked leading up to strict enforcement of ISPM No. 15 expected by
mid-year 2004.

In Mexico, SEMARNAT published in the Diario Oficial NOM-EM-144-SEMARNAT,
with technical specifications for the approved phytosanitary treatments
recognized by Mexico, and the identity mark to ensure compliance.
Alternative phytosanitary measures (treatments) not established or
recognized in this standard, must be previously approved by SEMARNAT,
following the procedure established in article 49 of the Federal Law on
Metrology and Standardization. The United States and Canada will also
adopt measures equivalent to the one mentioned in the Mexican standard.
According to SEMARNAT authorities, when Mexico is confident that
internally the industry is in full compliance with this standard, they
will begin to require that other countries that export to Mexico comply
with equivalent measures for wood packaging materials.

For more information on NAPPO and IPPC, please go to the following link:
http://www.nappo.org/Standards/Woodpacking-bil.htm

**Solid Wood Packaging Materials Included in this Standard:** Pallets,
boxes, cases, packing blocks, dunnage, crates, drums, load boards and
skids, within others.

**Wood Packaging Materials Excluded:** Those made wholly of wood-based
products such as plywood, particle board, oriented strand board or
veneer that have been created using glue, heat and pressure or a
combination of these. Veneer peeler cores, sawdust, wood wool and
shavings, and raw wood cut into pieces of 6 mm thickness or less.

**Pests Associated with Solid Wood Packaging Materials:**

> **a) Insects:**

*Anobiidae*

*Bostrichidae*

*Buprestidae*

*Cerambycidae*

*Curculionidae*

*Isóptera*

*Lyctidae (with some exceptions for the thermal treatment)*

*Oedemeridae*

*Scolytidae*

*Siricidae*

**Nematodes:**

*Bursaphelenchus xylophilus*

**Recognized Phytosanitary Treatment:** Thermal Treatment (TT). Heat
will be applied to the wood without noticeable bark with a sequence of
time-temperature which allows for a minimum temperature in the center of
the board of 56°C, for a minimum of 30 minutes. Kiln drying (KD), the
chemical impregnation with pressure (IQP) or other treatments can be
considered thermal treatments as long as they fulfill the temperature
specifications mentioned above. When the wooden packing is subjected to
any of these aforementioned treatments the indicated initials (KD or
IQP) will have to be incorporated next to the identity Mark following
the abbreviation TT.

**Alternative Measures:** In case SEMARNAT authorizes alternatve
phytosanitary measures, the authorization must first be published in
Mexico\'s Diario Oficial ("Federal Register"), and will have to include
the type of authorized treatment, its technical specifications and
abbreviation of the treatment, for it to be included in the identity
Mark.

**Approved Treatment Identity Mark:** On December 18, 2003, procedures
and requirements under the Mexican regulation for the use of an identity
Mark (expected to be recognized world-wide) were published by SEMARNAT
in the Diario Oficial. The identity mark is to ensure that the solid
wood packaging materials used for export have received one of the
approved treatments mentioned in ISPM No. 15 of the International Plant
Protection Convention (IPPC) guidelines. This standard follows the
agreement between Mexico, the United States and Canada, as members of
the North American Plant Protection Organization (NAPPO), to prevent the
introduction of pests of quarantine significance via solid wood
packaging materials (SWPM).

The treatment Mark should be readable, permanent and must be placed in a
visible place on at least two opposed sides of the wooden packing. Red
and orange colors should not be used as colors of the Mark. The Mark can
be painted preferably with permanent black ink, branded or stamped.
Labels or decals are not allowed. The Mark is non-transferable. The
placement of the Mark on dunnage will depend on the dimensions and
should be placed at regular intervals along the dunnage.

**Design of the Mark:** The design of the Mark and its content will
based on the following format:

**Descriptive Content of the Mark:**

> a\) XXX - unique Number granted by the Secretary to the authorized
> company for the use of the Mark.

b\) MX - The two letters of the ISO code for Mexico.

> c\) TT - Abbreviation of the thermal treatment at 56°C for a minimum
> of 30 minutes.

d\) AAA - Code of the authorized registrant\'s identification
(optional).

**Authorization for the Use of the Mark:** The authorization will be
issued, on behalf of the SEMARNAT, by the General Directorate of Forest
and Soil Administration or by the Federal Delegations of the SEMARNAT.

**Use of the Mark:**

1)  The purpose of the Mark exhibited in the packaging materials, is to
    certify that it has been submitted to the phytosanitary measure
    (treatment) established in the NOM-EM-144-SEMARNAT-2003.

2)  When the holder of the Mark authorization performs one of the
    approved treatments, a document in original and two copies
    specifying the following information must be submitted:

    a.  Phytosanitary measure (treatment) applied.

    b.  Date of application of the phytosanitary measure (treatment).

    c.  Number of pieces treated, volume in cubic meters and type of
        packaging material.

    d.  Type of wood (conifer, non-conifer, or a combination of both).

    e.  Declaration whether the wood packaging material is new, used, or
        re-constructed.

    f.  Corporate or individual contact information (commercial name,
        address, telephone, fax, and e-mail account).

    g.  Time duration from start of the treatment process until the
        parameters established in the NOM-EM-144-SEMARNAT-2003 are
        reached, and the time that the packaging materials were under
        such conditions.

    h.  Additional information referring to the treatment.

The original document shall be given to the owner of the packaging
materials, one copy for the file of the authorization holder, and
another copy for the authority that issued the authorization.

**Regulatory Surveillance:** The surveillance of the compliance with
this standard is the responsibility of the Federal Attorney\'s Office of
Protection to the Environment (PROFEPA), acting on behalf of SEMARNAT,
whose personnel will carry out the inspection works and necessary
surveillance. Infractions will be prosecuted according to the "General
Law of Sustainable Forestry Development and Acting Regulation", and
other applicable legal procedures.

**For More Information:** <ATOMonterrey@usda.gov> FAX: (52-81) 8333-1248

**Internet Connections:** Visit our headquarters home page at
[www.fas.usda.gov](http://www.fas.usda.gov/)

**International Plant Protection Convention (IPPC):** The IPPC is a
multilateral treaty deposited with the Director-General of the Food and
Agriculture Organization of the United Nations. The United States,
Canada and Mexico and 128 other countries are contracting parties to the
IPPC. (<http://www.ippc.int/IPP/En/default.htm>).

**North American Plant Protection Organization (NAPPO):**
[http://www.nappo.org](http://www.nappo.org/)

Implementation of ISPM No. 15 on Wood Packing Materials in NAPPO
countries:

http://www.nappo.org/Standards/Woodpacking-bil.htm

**Useful Mexican Web Sites:** Secretariat of the Environment and Natural
Resources web site can be found at
[www.semarnat.gob.mx](http://www.semarnat.gob.mx/). This web site is
mentioned for the reader's convenience but USDA does NOT in any way
endorse, guarantee the accuracy of, or necessarily concur with the
information contained in the mentioned site.