Wood Packaging Materials Frequently Asked Questions

# Updated September 15, 2005

**From U.S. Customs and Border Protection Web Page**

**http://www.cbp.gov**

On September 16, 2005, the United States, in cooperation with Mexico and
Canada, will begin enforcement of the international phytosanitary
standard (ISPM 15) for regulated wood packaging material (WPM) entering
North America.

Enforcement of the ISPM 15 standard will be conducted in accordance with
Customs and Border Protection (CBP) operational guidelines and
procedures.

Importers are encouraged to ensure that all regulated WPM are treated
and marked according to the ISPM 15 standard and U.S. regulation to
avoid possible delays or rejection of WPM in cargo shipments at U.S.
ports of entry due to noncompliance.

Q: Why a new rule?

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: How is CBP going to enforce 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.

Q: When does the law go into effect? Is it possible to delay
implementation?

A: The effective date of the regulation is September 16, 2005. Any WPM
that arrive in the U.S. on or after that date that are covered by this
regulation (whether in actual use or being imported as cargo) must
comply with the treatment and marking requirements stated in the
regulation. The regulation does not allow for any deviation from this
effective date.

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. Here are some
examples:

![](media/image1.jpeg){width="2.7916666666666665in"
height="1.7944444444444445in"}

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.

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

A: If WPM are unmarked, they are considered to be untreated and
non-compliant. The regulation allows for immediate reexport 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: What if the wood is marked but bugs are found?

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: What kinds of WPM are covered by this rule?

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: Are there any exceptions to the rule?

A: There are certain exceptions, 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.

In addition, by reciprocal regulations in the U.S. and Canada, 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 the next question for
shipments to and 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 are part of any bundle of imported lumber are 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.

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

Q: Please explain the Canada exception to the rule.

A: WPM made entirely of Canadian origin wood or U.S. origin wood are
exempt from the treatment and marking requirements in trade between the
two countries. The exception only pertains to WPM coming directly to the
U.S. from Canada or directly to Canada from the U.S. Commercial
shipments containing WPM made entirely of Canadian origin wood or U.S.
origin wood that are traveling between these two countries are subject
to inspection and must be accompanied by an importer document stating
that they are derived totally from trees harvested in Canada or the
United States. The statement requirement is in USDA regulations at 7 CFR
319.40-3. This section of the regulations does not change with the new
WPM rule. The statement has been required for a long time and continues
to be required.

For purposes of enforcement of the USDA WPM rule, 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.
WPM in shipments of Canadian-made goods coming from Canada will be
considered Canadian and need not be marked.

An exception to this would be, for example, non-Canadian goods that are
repacked in Canada. In this case, the country of origin of the commodity
(non-Canadian) is considered Canadian for WPM purposes only if it is
stated that the WPM are Canadian. The statement must be in accordance
with 7 CFR 319.40-3 which states that \"an importer document stating
that \[WPM\] are derived from trees harvested in Canada\...\" must
accompany the shipment.

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, that shipments containing
WPM made entirely from Canadian origin wood or U.S. origin wood must be
accompanied by an importer document stating that the WPM are derived
totally from trees harvested in Canada or the United States if traveling
between these two countries. Other countries may require certificates,
statements, or treatment and marking.

Q. What about ABI requirements?

A: CBP continues to work with programmers to make the now-required field
in ABI concerning solid WPM from China or Hong Kong into an optional
field. Between September 16, 2005, and the time that the programming is
completed, CBP field personnel will disregard any input in that field.
In other words, CBP recognizes that, as long as the field is required,
ABI filers will need to input data to avoid entry rejects and that,
after September 16th, ABI filers will not necessarily have the
information needed to make accurate input. Therefore, CBP will disregard
any statements input to that particular field. An ADMIN message will be
sent when the programming is completed.

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. All WPM arriving in
the U.S. on or after September 16, 2005, are subject to the regulation.

Contact information for international treatment facilities outside the
United States 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: 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 re-exported. It will be the responsibility
of the importer to determine an alternate destination that will accept
the untreated WPM.

Q: How often does the 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: 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: 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.

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 for the months of September and October 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