On September 16, 2005, the United States (U.S.), in cooperation with
Mexico and Canada, began enforcement of international phytosanitary
standards for regulated wood packaging material (WPM) entering North
America. On February 1, 2006, this enforcement moved to Phase II, with
enforced compliance of the regulation requiring exportation of
non-compliant WPM. Full enforcement, Phase III, began July 5, 2006.
Enforcement of the international standard will be conducted in
accordance with Customs and Border Protection (CBP) operational
guidelines and procedures.

On March 9, 2007, a liquidated damages and penalties provision on issues
related to WPM went into effect. Additional questions have been raised,
and we would like to address those now.

**Q: What is the effective date for liquidated damages and penalties
under the guidelines?**

**A:** The guidelines will only be applied to shipments that arrive on
or after the effective date of March 9, 2007. Shipments that arrived
before March 8, 2007, will not be subject to the new guidelines. When
determining whether a party is subject to penalties based on their prior
record for failure to comply with WPM regulations, CBP will only
consider an Emergency Action Notification (EAN) received by the party
for shipments that arrived on or after March 9, 2007.

**Q: Why is CBP now issuing liquidated damages and penalties for WPM
violations?**

**A:** The regulations set forth in 7 C.F.R. § 319.40 are intended to
protect U.S. agricultural resources from the introduction of potentially
injurious wood-boring pests. Failure to comply with these regulations
poses significant pest risks to U.S. agriculture. This policy provides
the means to assess liquidated damages against those who do not comply
with the action specified on the EAN for failure to comply with WPM
regulations. The policy also enables CBP to penalize those documented
importers, carriers, or bonded custodians who have made multiple
attempts to enter violative WPM or who attempt to conceal a WPM
violation.

**Q: When will an EAN be issued?**

**A:** An EAN will be issued when a "WPM violation" is discovered. A
"WPM violation" occurs when WPM entering the U.S. does not adhere to the
required treatment under the "Guidelines for Regulating Wood Packaging
Material in International Trade," of the International Standards of
Phytosanitary Measures (ISPM-15), the WPM regulations and any associated
amendments, revisions or exemptions identified by the U.S. Department of
Agriculture, Animal and Plant Health Inspection Service (APHIS).

**Q: Who will receive an EAN for failure to comply with WPM
regulations?**

**A:** The party that is responsible for the WPM (*i.e.,* the party
whose bond was obligated) at the time that the violation is discovered
will receive an EAN.

**Q: How long will the violator be given to comply with the EAN for
failure to comply with WPM regulation?**

**A:** The time frame in which the action must be completed will be
specified in Block 17 of the EAN. CBP will use its discretionary
authority to determine a reasonable time for completion of the specified
action.

**Q: What happens when violative WPM is found with in-transit or in-bond
containers or cargo?**

**A:** Shipments that arrive in the U.S., or enter the U.S. under a
bond, or are in-transit through the U.S. from foreign must meet all
conditions of the bond and adhere to all rules and regulations set forth
under U.S. laws and regulations. If an in-bond shipment is found to
contain violative WPM, then the party who is responsible for the
merchandise under a bond will be issued an EAN. Upon receipt of the EAN,
it is expected that expeditious action shall be taken to comply with the
terms and conditions of the notification. In the event that the
recipient is non-compliant with the EAN and there is a failure to export
the WPM, then liquidated damages will be assessed.

**Q: When will liquidated damages be assessed?**

**A:** Liquidated damages will be assessed when a party fails to comply
with the terms of an EAN. Therefore, liquidated damages claims shall not
be assessed for the mere importation of violative WPM, but will be
assessed for non-compliance with the EAN issued as a result of the
importation of violative WPM.

**Q: Who will be subject to a liquidated damages claim for failure to
comply with WPM regulation?**

**A:** The party that received the EAN and failed to comply with the
terms of the EAN will be subject to a liquidated damages claim. In the
event that a party receives an EAN, but was not responsible for the
shipment (their bond was not obligated), it will not be subject to
liquidated damages.

# **Q: When will penalties be assessed?**

**A:** Penalties may be assessed when a party attempts to conceal a "WPM
violation" or a party has received five (5) prior EANs in the previous
fiscal year, nationally. Penalties based on a party's prior history of
receiving EANs may be assessed even if the party has complied with past
EANs and/or has complied with the EAN that resulted in the penalty.

Q: Is WPM that remains onboard a vessel subject to potential liquidated
damages and penalties?

**A:** Unmarked WPM that remains onboard a vessel (seagoing carrier) is
not in violation of the ISPM-15 markings standard. However, if the WPM
is unladed and found violative, then the vessel owner or carrier shall
be issued an EAN if it is still responsible for the shipment at the time
the violation is discovered. If the recipient does not comply with the
terms and conditions of the EAN, it shall be subject to liquidated
damages.

***Other Frequently Asked Questions Regarding WPM***

**Q: What is the reason for the WPM regulation?**

**A:** Untreated wood poses a significant risk of introducing plant
pests, including pathogens, that can be detrimental to agriculture and
to natural, cultivated, and urban forest resources. U.S. Department of
Agriculture (USDA) regulations contain provisions to mitigate plant pest
risk presented by the importation of such wood. Because wood packaging
materials (WPM) are very often reused, the true origin of any piece of
WPM is difficult to determine and, thus, its treatment status cannot be
ascertained.

Therefore, the USDA amended its regulations to decrease the risk of WPM
introducing plant pests into the U.S. by adopting the international
standard for WPM approved by the Interim Commission on Phytosanitary
Measures of the International Plant Protection Convention (IPPC) on
March 15, 2002. By adopting the IPPC Guidelines, the U.S. is harmonizing
its trade requirements with a host of other countries that have also
adopted the guidelines and have, or are preparing to, implement the
requirements.

**Q: What kinds of WPM are covered by this regulation?**

**A:** 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 ''\[w\]ood 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: What are the actual treatment and marking requirements?**

**A:** There are two treatment options, heat treatment or fumigation
with methyl bromide. For heat treatment, WPM must be heat treated to
achieve a minimum wood core temperature of 56°C for a minimum of 30
minutes. For fumigation, the WPM must be fumigated with methyl bromide
in an enclosed area for at least 16 hours at the regulated dosage and
then must be aerated to reduce the concentration of fumigant below
hazardous exposure levels.

After either of these treatments, the WPM must be marked in a visible
location on each article, preferably on at least two opposite sides of
the article, with a legible and permanent mark, approved by the IPPC, to
certify that wood packaging material has been subjected to an approved
treatment.

**Q: What does the approved mark look like?**

**A:** Marks will vary by country and treatment establishment. Following
are some examples. As you can see, the marks may vary in size, shape,
and color. What the mark must include is the IPPC trademarked graphic
symbol, the ISO two-letter country code for the country that produced
the wood packaging material, a unique number assigned by the national
plant protection agency of that country to the producer of the wood
packaging material, and an abbreviation disclosing the type of
treatment. In addition to these four required components, marks may also
include other information.

APHIS has stated that they recognize the Guatemalan "TT" and "BM"
markings as being valid indicators of treatment type. Based on this,
shipments with such markings from Guatemala will be considered
compliant.

![](media/image1.png){width="6.75in" height="4.4118055555555555in"}

![](media/image2.png){width="1.125in" height="1.0986111111111112in"}

**Q: What will happen when the WPM is marked but pests are found
anyway?**

**A:** The enforcement of the WPM regulation is a separate process from
the normal course of pest interdiction duties conducted by CBP
Agriculture Specialists. In every case of discovery of a pest
infestation, the protocol associated with safeguarding or eradication of
the pest threat will supersede WPM enforcement. Once a pest threat has
been eliminated, the WPM enforcement will be applied.

**Q: How often does WPM need to be re-treated?**

**A:** Acceptable treatments (*i.e.*, heat treatment or fumigation with
methyl bromide) need only be done once. Once the WPM are properly
treated and marked by an approved treatment facility in any country, the
mark will be accepted as proof of compliance for the life of the WPM.

**Q: Are there any invoice or certificate requirements?**

**A:** Paper certifications of treatment will no longer be required or
accepted. Invoice statements are no longer required for importation into
the U.S. The only exception is noted above, where non-Canadian
merchandise entering directly from Canada on Canadian-origin WPM will
experience fewer delays at the Canada-U.S. border if entry documents
contain a statement as to the origin of the WPM. Other countries may
require or accept certificates, statements, or treatment and marking.

**Q. What about ABI requirements?**

**A:** The formerly required ABI field on SWPM from China and Hong Kong
is now an optional field. An ADMIN message was posted on October 5,
2005, under the title "SOLID WOOD PACKING MATERIAL SYSTEM CHANGES FOR
CN/HK COMPLETED". This ADMIN message explains that the SWPM field was
made an optional field to give the trade time to make necessary changes.
It also contains contact information should ABI participants have
systems or operational questions on this change.

**Q: Is there a list of compliant countries and approved fumigators?**

**A:** There is a list of signatory countries. Signing the Agreement and
being in compliance are not necessarily the same. A list of signature
countries is maintained at
<http://www.nwpca.com/ExportTreatment/ProgramOverview.htm>.

Contact information for international treatment facilities outside the
U.S. may be requested from the appropriate country's plant protection
agency. A listing of international plant protection agencies is
maintained at the IPPO website. (<https://www.ippc.int/IPP/En/nppo.jsp>)

USDA has designated two entities to manage the treatment programs in the
U.S. The National Wooden Pallet & Container Association (NWPCA) manages
the fumigation program and the American Lumber Standards Committee
(ALSC) manages the heat treatment program.

A list of approved U.S. fumigators is maintained at the NWPCA website:

<http://www.nwpca.com/ExportTreatment/ProgramOverview.htm>

A list of approved U.S. heat treatment facilities may be found at the
ALSC website: <http://www.alsc.org/WPM_facsimile_mod.htm>

Q: Is treatment the same for noncompliant WPM in all 137 signatory
countries?

**A:** No. For example, fumigation may be allowed in Mexico and
phytosanitary certificates may be allowed in Canada under certain
circumstances. CBP recommends that the trade verify a country's
requirements before shipping internationally.

Q: What is the United States?

A: There are many different definitions of the United States. For
purposes of importing WPM into the U.S., CBP uses the USDA definition,
as this is a USDA regulation. For purposes of this regulation, the
United States consists of the 50 states, American Samoa, District of
Columbia, Federated States of Micronesia, Guam, Northern Mariana
Islands, Puerto Rico, and Virgin Islands of the United States. WPM
traveling solely between ports in the above-listed areas will, for
purposes of enforcement of the WPM regulation, be considered to be
domestic WPM.

Please take special note of the fact that CBP defines the "Customs
territory of the United States" as the 50 states, District of Columbia,
and Puerto Rico. Therefore, some goods coming from outside the Customs
territory will be considered to be using domestic WPM.

Finally, other countries will use other definitions. Canada, for
example, exempts only continental U.S. WPM. In other words, WPM from
Hawaii or any U.S. territory or commonwealth will need to be treated and
marked for transit into Canada; only WPM from the contiguous 48 states,
Alaska, and the District of Columbia are exempt from marking when going
directly to Canada. If you have questions about a particular country's
implementation of the ISPM 15, please contact the appropriate NPPO
officer. A list of contacts is maintained at
[**https://www.ippc.int/IPP/En/nppo.jsp**](https://www.ippc.int/IPP/En/nppo.jsp)

**Q: How is CBP enforcing this regulation?**

**A:** The USDA regulation allows for enforcement discretion. CBP has
completed its implementation plan and posted information to the trade at
[www.cbp.gov](http://www.cbp.gov/).

**Q: What happens when untreated or unmarked WPM arrives in the U.S.?**

**A:** If WPM is unmarked, it is considered to be untreated and
non-compliant. The regulation allows for immediate export of
non-compliant WPM. It does not allow for fumigation. It does not allow
for any alternative disposal methods. Other countries may have other
options, but the U.S. regulation allows only for export of the
non-compliant WPM. Exportation of non-compliant WPM will be the
responsibility of the importer of the merchandise.

If it is feasible to separate merchandise from non-compliant WPM, all
expenses associated with that separation are the responsibility of the
importer or importers of the merchandise. Separation of non-compliant
WPM from compliant WPM or associated merchandise is not an absolute
right; it is an option left to the government's discretion. All expenses
related to the movement, inspection, separation, safeguarding, storage,
and ultimate disposition of non-compliant WPM are the responsibility of
the importer and at their expense. Specific protocol for this process
will be posted at this site when approved.

Q: Can separation of violative WPM from merchandise be authorized for a
shipment that can

> be identified by a separate bill as a part of NVOCC consolidated
> cargo?

A: As is the case with any shipment held by CBP for non-compliance with
the WPM rule, the importer or other party of interest may request that
CBP allow the separation of WPM from the imported commodities. The
requesting party must submit a completed CBP 3499 with all evidentiary
materials required by the Implementation Plan. Part of the required
material is evidence of commitment to export the non-compliant WPM that
is separated from the merchandise referenced in the CBP 3499. In the
case of a consolidated shipment, any affected importer or other party of
interest may make application for separation. Export of any shipment
(and export of the violative WPM separated from any shipment) remains
the responsibility of the importer or other party of interest.

After separation, the cargo and non-violative WPM will be released.
Export of violative WPM will be at the expense of the importer or other
party of interest and may be accomplished via any carrier. The importer
or other party of interest responsible for the exportation is not
limited to using the services of the importing carrier, whether VOCC or
NVOCC. Ordinarily, this will mean that entry will be denied and an IE
will be cut. If movement outside of the original U.S. port becomes
necessary to cause the ordered exportation, it will be on a restrictive
T&E in conjunction with an appropriately executed USDA Emergency Action
Notification (EAN) (PPQ-523). The EAN will provide and document
restrictions as to routing, diversion, and authorized timeframe to
complete the restricted T&E movement.

**Q:** **If a shipment contains non-compliant WPM and the country of
export or the country or origin will not take it back, what then?**

**A:** The regulation does not state that violative WPM must be returned
to any particular country. It simply states that the violative WPM may
not come into the U.S. and may be exported. It will be the
responsibility of the importer to determine an alternate destination
that will accept the untreated WPM.

Q: What if I export goods from the U.S. and the importing country

> refuses to let them in because the WPM is not marked?

**A:** The answer to this question is dependent on circumstances.
Basically, CBP will permit return of U.S. origin goods another country
has rejected because of violative WPM as long as the shipment has not
left customs custody or control in the other country and the entry
refusal reason accompanies the shipment.

A shipment that consists only of supposedly returned non-compliant U.S.
WPM (that is, the violative WPM have been removed from the merchandise),
is to be allowed entry only if there is acceptable proof that ties the
WPM to the original export from the U.S. Any shipments of supposedly
returned U.S. WPM that do not have acceptable documentation will be
treated as foreign WPM and refused entry.

**Q: How will CBP handle T&E and IT shipments that are not compliant?**

**A:** Violative WPM that is discovered by CBP will be required to be
exported.

Q: How will CBP handle WPM in consolidated shipments, mixed loads, bulk
cargo, and any merchandise traveling in bond or on a carnet?

**A:** All regulated WPM must be treated and marked; the regulation does
not differentiate among types of loads or types of entry document. All
regulated WPM is either compliant or non-compliant and will be handled
accordingly.

Q: There are concerns with third-country maritime containers arriving on
a T&E at a Canada-U.S. land border port. If such a container has
violative WPM and is refused entry by the destination country, how
should it be handled?

**A:** In cases of other country non-compliant WPM that have transited
Canada or Mexico *en route* to the U.S. and are discovered at a U.S.
port of entry, Canada or Mexico may allow the shipment to move in bond
and under close scrutiny to an exit port.

The reciprocal is also true; that is, other country non-compliant WPM
that have transited the U.S. *en route* to Canada or Mexico and are
discovered at a Canadian or Mexican port of entry, may transit the U.S.
on a T&E as long as any pest risk is mitigated and a PPQ Form 523
(clearly stating the transit and export conditions) accompanies the
shipment. If there is a paper inbond CBP document, it must be marked to
indicate the intended disposition of the shipment.

**Q: Are there any exemption in this regulation?**

**A:** There are certain exemptions written into the regulation, yes.
They are:

-   Manufactured wood materials such as fiber board, plywood, whisky and
    wine barrels, polywood, strandboard, 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.

There is no requirement for treatment or marking of WPM in domestic
circulation.

Other exceptions that USDA has outlined include the following:

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 these FAQs concerning
shipments 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.

Q: Part of the implementation plan is a section about exceptions for
boxes made to house ammo, fuel gauges, etc. Would this include boxes
made to house any machinery, like on a cruise ship, or aircraft parts,
etc.?

**A:** No. This exception refers to worked wood boxes, usually
containing hinges, handles, and a molded or partitioned interior
cradling feature, which are reused for the life of the non-regulated
commodity. These boxes are usually (but not always) manufactured at the
time of initial shipment of the commodity and generally are used for a
unique item. They may, for example, house a unique antique armament or a
specific, numbered fuel gauge.

The exception does not refer to WPM used to contain articles on a
one-time basis even if the box is made specifically for the commodity
(for example, to ship a motorcycle, a generator, or airplane parts, or
for articles being returned for repair).

Q: Cruise ships load stores in the U.S. before going foreign and then
bring the empty pallets back to the U.S. Since these pallets started out
in the U.S., do they have to be marked?

A: These pallets need to be properly marked. There is no special
exception granted by USDA for cruise ships. Therefore, CBP views WPM
from cruise ships to be the same as any other WPM. Empty pallets must be
treated and marked when coming from foreign.

**Q: Please explain about WPM in shipments to and from Canada.**

**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 exemption only pertains to WPM coming directly to the
U.S. (as defined by USDA) from Canada or directly to Canada from the
U.S. (as defined by Canada).

For purposes of enforcement of the USDA WPM regulation, 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.

**Q: I still don't understand Canada---do I need 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. You do not need a mark or a statement.

-   If the country of origin of the goods is, say, China, 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 China absent an indication to
    the contrary; China origin WPM need to be treated and marked. You
    need a mark, not a statement.

-   If the country of origin of the merchandise, to follow through on
    this example, is China, but it has been repackaged in Canada on
    Canada 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.

Q: We are considering the feasibility of taking advantage of the Canada
origin exception by

maintaining a stockpile of Canada origin WPM in the EU and using only
that WPM for cargo to

the U.S. Is this a good idea?

**A:** The Canada origin wood exception is based on a reciprocal
agreement between these two countries only. The exception applies only
to Canada origin wood coming directly from Canada into the U.S.

Q: Because of high levels of condensation inside many containers, the
IPPC stamp is sometimes not readable. If the stamp is not legible,
should the WPM in the shipment be considered noncompliant? Should these
markings be considered counterfeit?

A: The regulation says that the mark must be [permanent and
legible]{.underline}. Therefore, if the mark is not permanent or not
legible, the WPM is violative. CBP will not validate any mark; this
activity is left to USDA. CBP's responsibility under the regulation is
to ensure that the WPM is legibly and permanently marked.

Q: Sometimes the IPPC mark is not visible on dunnage because of in
transit damage or on bracing if smaller pieces are cut from one 4x4.
What is going to happen in those cases?

A: Dunnage presents unique challenges. Often, pieces of dunnage are cut
to fit a load and may, during that process, be separated from the IPPC
marking. Other times, during the course of transit, dunnage is broken,
crushed, abraded, or otherwise damaged; in these cases, too, pieces of
dunnage will likely be separated from their compliance mark.

For purposes of enforcement of this regulation as it relates to dunnage,
CBP intends to exercise its discretionary authority so that if CBP
believes that cut or damaged pieces of dunnage are part of a larger
piece of properly marked wood, CBP will determine that the unmarked
dunnage has been treated and marked, and consider the unmarked dunnage
to be non-violative.

Q: I understand that Canada allows a workaround for the marking
requirement for treated dunnage.

**A:** Other countries may have other implementing criteria than the
U.S. The U.S. regulation states that WPM must be treated and marked.
Importers are encouraged to verify another country's requirements with
the other country.

**Q: Where can I get more information?**

**A:** A careful reading of these FAQs will provide an answer for most
of your questions. Other answers will be found in the Implementation
Plan, also posted on [www.cbp.gov](http://www.cbp.gov/).

If, after reading all the materials on this site, you have questions
about the regulation itself, you may contact USDA. USDA has set up a
toll free phone line to answer questions about the regulation. That
number is **1-866-738-8197**.

Please note that USDA will **not** answer any questions about CBP
operational issues. Those issues are most appropriately directed to your
local port if your question has not been answered on
[www.cbp.gov](http://www.cbp.gov/).