Advisories ::
ISPM
15 Enforcement in U.S. to Begin February 1
January 30, 2006
Sources: US Bureau of Customs and Border Protection (CBP), and Other Industry Sources
A reminder of
the impending implementation date for enforcement of the ISPM
15 requirements for shipments being imported into the U.S. as
well as for U.S. exports to Mexico and Canada.
As you may recall, the three NAFTA countries - U.S., Canada and Mexico - were initially going to implement the ISPM 15 requirements for WPM (wood packing material) on September 16 of 2005. At the last moment that was changed to provide for a phased-in approach. The first phase, which ran from September 16, 2005 to January 31, 2006 was to educate importers about the requirements for treating and marking the WPM, but no enforcement actions would be taken by the government against non-compliant materials.
The second phase, which runs from February 1 - July 4, 2006 will include full enforcement of the ISPM 15 provisions, including possible shipment rejection for non-complying WPM, except for dunnage. After July 4, there will be full implementation, including dunnage. What this means for U.S. importers is that basically all WPM arriving in the U.S. on or after February 1 is going to have to be fully compliant with all ISPM 15 requirements. The regulation provides for immediate reexport of non-compliant WPM. It does not allow for fumigation and it does not allow for any alternative disposal methods. 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 but rather 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 will be borne by the importer.
As a refresher, certain types of wood packing are exempt from ISPM 15 compliance. These include manufactured wood materials such as fiber board, plywood, whisky and wine barrels, polywood, strandboard and veneer, and also pieces of wood that are less than 6 mm (0.24 in) in any dimension. Although certifications of any type are no longer required it is always advisable to have your shippers include a statement on the packing list and/or the commercial invoice to indicate that all WPM is fully compliant with all ISPM 15 requirements.
It is important to note that shipments to Mexico from the U.S. and to the U.S. from Mexico will also be subject to the full enforcement requirements starting on February 1. So all wood packing will have to be treated with one of the approved methods and marked accordingly. Mexico, we are told, will allow fumigation at the port of entry if the WPM is not compliant but, given the bureaucratic vagaries that sometimes occur in Mexico, it would be very advisable to have pallets, crates and the like already treated and marked. Shipments between the U.S. and Canada provide an exception to this rule. By reciprocal regulations in the two countries, WPM made entirely from Canadian origin wood or U.S. origin wood is 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. The policy will be that the country of origin of the commodity is the country of origin of the WPM on all shipments between the U.S. and Canada unless there is an indication to the contrary. So, if you have a shipment of Chinese origin material coming directly from Canada into the U.S. any WPM included will be assumed to be of Chinese origin as well. If, in fact, the goods were repacked in Canada with Canada origin WPM, Customs needs some way to know that the WPM is of Canada origin. This can most simply be a statement to that effect which the Customs officer will see when the load arrives.
As a final note on this, all you wine lovers will be pleased to know that the 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. Cheers!
As you may recall, the three NAFTA countries - U.S., Canada and Mexico - were initially going to implement the ISPM 15 requirements for WPM (wood packing material) on September 16 of 2005. At the last moment that was changed to provide for a phased-in approach. The first phase, which ran from September 16, 2005 to January 31, 2006 was to educate importers about the requirements for treating and marking the WPM, but no enforcement actions would be taken by the government against non-compliant materials.
The second phase, which runs from February 1 - July 4, 2006 will include full enforcement of the ISPM 15 provisions, including possible shipment rejection for non-complying WPM, except for dunnage. After July 4, there will be full implementation, including dunnage. What this means for U.S. importers is that basically all WPM arriving in the U.S. on or after February 1 is going to have to be fully compliant with all ISPM 15 requirements. The regulation provides for immediate reexport of non-compliant WPM. It does not allow for fumigation and it does not allow for any alternative disposal methods. 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 but rather 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 will be borne by the importer.
As a refresher, certain types of wood packing are exempt from ISPM 15 compliance. These include manufactured wood materials such as fiber board, plywood, whisky and wine barrels, polywood, strandboard and veneer, and also pieces of wood that are less than 6 mm (0.24 in) in any dimension. Although certifications of any type are no longer required it is always advisable to have your shippers include a statement on the packing list and/or the commercial invoice to indicate that all WPM is fully compliant with all ISPM 15 requirements.
It is important to note that shipments to Mexico from the U.S. and to the U.S. from Mexico will also be subject to the full enforcement requirements starting on February 1. So all wood packing will have to be treated with one of the approved methods and marked accordingly. Mexico, we are told, will allow fumigation at the port of entry if the WPM is not compliant but, given the bureaucratic vagaries that sometimes occur in Mexico, it would be very advisable to have pallets, crates and the like already treated and marked. Shipments between the U.S. and Canada provide an exception to this rule. By reciprocal regulations in the two countries, WPM made entirely from Canadian origin wood or U.S. origin wood is 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. The policy will be that the country of origin of the commodity is the country of origin of the WPM on all shipments between the U.S. and Canada unless there is an indication to the contrary. So, if you have a shipment of Chinese origin material coming directly from Canada into the U.S. any WPM included will be assumed to be of Chinese origin as well. If, in fact, the goods were repacked in Canada with Canada origin WPM, Customs needs some way to know that the WPM is of Canada origin. This can most simply be a statement to that effect which the Customs officer will see when the load arrives.
As a final note on this, all you wine lovers will be pleased to know that the 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. Cheers!
