Foreign Quarantine Notices, 22585-22588 [05-55505]
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22585
Rules and Regulations
Federal Register
Vol. 70, No. 83
Monday, May 2, 2005
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
Effective Date Note: At 69 FR 55732, Sept.
16, 2004, § 319.40–1 was amended by
removing the definitions for Exporter
statement, Importer statement, and Solid
wood packing material, and adding two
definitions in alphabetical order, effective
Sept. 16, 2005. For the convenience of the
user, the added text is set forth as follows:
§ 319.40–1
Definitions.
*
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
Foreign Quarantine Notices
CFR Correction
In Title 7 of the Code of Federal
Regulations, Parts 300 to 399, revised as
of January 1, 2005, make the following
corrections:
I 1. In § 319.40–1 the definitions for
Regulated wood packaging material and
Wood packaging material are removed;
the definitions for Exporter statement,
Importer statement, and Solid wood
packing material are reinstated; and an
effective date note with future effective
text is added to the end of the section to
read as follows:
I
§ 319.40–1
Definitions.
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Exporter statement. A written
declaration by the exporter,
accompanying a shipment at the time of
importation, declaring the nature of the
shipment and that the shipment
contains no solid wood packing
material.
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Importer statement. A written
declaration by the importer, for a
shipment containing solid wood
packing material from the Peoples
Republic of China including Hong Kong,
affirming that the importer has on file at
his or her office the certificate required
under § 319.40–5(g)(2)(i).
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Solid wood packing material. Wood
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.
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Regulated wood packaging material.
Wood packaging material other than
manufactured wood materials, loose
wood packing materials, and wood
pieces less than 6 mm thick in any
dimension, that are used or for use with
cargo to prevent damage, including, but
not limited to, dunnage, crating, pallets,
packing blocks, drums, cases, and skids.
*
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Wood packaging material. Wood or
wood products (excluding paper
products) used in supporting, protecting
or carrying a commodity (includes
dunnage).
2. In §319.40–3, paragraph (b) is
correctly revised, and an effective date
note with future effective text is added
to the end of the section to read as
follows:
I
§ 319.40–3 General permits; articles that
may be imported without a specific permit;
articles that may be imported without either
a specific permit or an importer document.
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(b) Solid wood packing materials—(1)
Free of bark; used with non-regulated
articles. APHIS hereby issues a general
permit to import regulated articles
authorized by this paragraph, except
that solid wood packing material from
the People’s Republic of China
including Hong Kong must be imported
in accordance with § 319.40–5(g), (h),
and (i). Solid wood packing materials
that are completely free of bark and are
in actual use at the time of importation
as packing materials for articles which
are not regulated articles may be
imported without restriction under this
subpart, except that:
(i) The solid wood packing materials
are subject to the inspection and other
requirements in § 319.40–9; and
(ii) The solid wood packing materials
must be accompanied at the time of
importation by an importer document,
stating that the solid wood packing
materials are totally free from bark, and
apparently free from live plant pests.
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(2) Free of bark; used with regulated
articles. APHIS hereby issues a general
permit to import regulated articles
authorized by this paragraph, except
that solid wood packing material from
the People’s Republic of China
including Hong Kong must be imported
in accordance with § 319.40–5(g), (h),
and (i). Solid wood packing materials
that are completely free of bark and are
in actual use at the time of importation
as packing materials for regulated
articles may be imported without
restriction under this subpart, except
that:
(i) The solid wood packing materials
are subject to the inspection and other
requirements in § 319.40–9;
(ii) The solid wood packing materials
must be accompanied at the time of
importation by an importer document,
stating that the solid wood packing
materials are totally free from bark, and
apparently free from live plant pests;
and
(iii) The solid wood packing materials
must be accompanied at the time of
importation by an importer document,
stating that the solid wood packing
materials have been heat treated,
fumigated, or treated with preservatives
in accordance with § 319.40–7, or meet
all the importation and entry conditions
required for the regulated article the
solid wood packing material is used to
move.
(3) Not free of bark; used with
regulated or nonregulated articles.
APHIS hereby issues a general permit to
import regulated articles authorized by
this paragraph, except that solid wood
packing material from the People’s
Republic of China including Hong Kong
must be imported in accordance with
§ 319.40–5(g), (h), and (i). Solid wood
packing materials that are not
completely free of bark and are in actual
use as packing at the time of
importation may be imported without
restriction under this subpart, except
that:
(i) The solid wood packing materials
are subject to the inspection and other
requirements in § 319.40–9;
(ii) The solid wood packing materials
must be accompanied at the time of
importation by an importer document,
stating that the solid wood packing
materials have been heat treated,
fumigated, or treated with preservatives
in accordance with § 319.40–7.
(4) Pallets moved as cargo. APHIS
hereby issues a general permit to import
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Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Rules and Regulations
regulated articles authorized by this
paragraph. Pallets that are completely
free of bark and that are not in actual
use as packing at the time of
importation (i.e., pallets moved as
cargo) may be imported without
restriction under this subpart, except
that:
(i) The pallets are subject to the
inspection and other requirements in
§ 319.40–9; and
(ii) The pallets are accompanied by an
importer document stating that the
pallets were previously eligible for
importation in accordance with
paragraph (b) of this section and have
not had wood added to them since that
use. Solid wood packing materials other
than pallets that are imported as cargo
must be imported in accordance with
the requirements of this subpart for raw
lumber.
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Effective Date Note: At 69 FR 55732, Sept.
16, 2004, § 319.40–3 was amended by
revising paragraph (b), effective Sept. 16,
2005. For the convenience of the user, the
revised text is set forth as follows:
§ 319.40–3 General permits; articles that
may be imported without a specific permit;
articles that may be imported without either
a specific permit or an importer document.
*
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*
*
(b) Regulated wood packaging
material. Regulated wood packaging
material, whether in actual use as
packing for regulated or nonregulated
articles or imported as cargo, may be
imported into the United States under a
general permit in accordance with the
following conditions:
Initial dose
g/m3 and lbs./
1,000 c.f)
Temperature (°C/ °F)
21/70 or above .....................................................................................................
16/61 or above .....................................................................................................
11/52 or above .....................................................................................................
48/3.0
56/3.5
64/4.0
(1) Treatment. The wood packaging
material must have been:
(i) Heat treated to achieve a minimum
wood core temperature of 56 °C for a
minimum of 30 minutes. Such treatment
may employ kiln-drying, chemical
pressure impregnation, or other
treatments that achieve this
specification through the use of steam,
hot water, or dry heat; or,
(ii) Fumigated with methyl bromide
in an enclosed area for at least 16 hours
at the following dosage, stated in terms
of grams of methyl bromide per cubic
meter or pounds per 1,000 cubic feet of
the enclosure being fumigated.
Following fumigation, fumigated
products must be aerated to reduce the
concentration of fumigant below
hazardous levels, in accordance with
label instructions approved by the U.S.
Environmental Protection Agency:
Minimum required concentration
g/m3 and lbs./1,000 c.f.) after:
0.5 hrs
36/2.25
42/2.63
48/3.0
2 hrs.
4 hrs.
16 hrs.
24/1.5
28/1.75
32/2.0
17/1.06
20/1.25
22/1.38
14/0.875
17/1.06
19/1.19
Standards for Phytosanitary Measures to
certify that wood packaging material has
been subjected to an approved measure,
and must include a unique 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 (e.g., HT for heat
treatment or MB for methyl bromide
fumigation). The currently approved
format for the mark is as follows, where
XX would be replaced by the country
code, 000 by the producer number, and
YY by the treatment type (HT or MB):
(3) Immediate reexport of regulated
wood packaging material without
required mark. An inspector at the port
of first arrival may order the immediate
reexport of regulated wood packaging
material that is imported without the
mark required by paragraph (b)(2) of this
section, in addition to or in lieu of any
port of first arrival procedures required
by § 319.40–9 of this part.
(4) Exception for Department of
Defense. Regulated wood packaging
material used by the Department of
Defense (DOD) of the U.S. Government
to package nonregulated articles,
including commercial shipments
pursuant to a DOD contract, may be
imported into the United States without
the mark required by paragraph (b)(2) of
this section.
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(2) Marking. The wood packaging
material 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 that
indicates that the article meets the
requirements of this paragraph. The
mark must be approved by the
International Plant Protection
Convention in its International
Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Rules and Regulations
I 3. In § 319.40–5, paragraphs
(b)(1)(i)(C), (b)(2), and (b)(2)(i), the words
‘‘regulated wood packaging material’’ are
removed each time they occur and the
words ‘‘solid wood packing materials’’
are reinstated in their place, paragraphs
(g) through (k) are reinstated, and an
effective date note with future effective
text is added to the end of the section to
read as follows:
§ 319.40–5 Importation and entry
requirements for specified articles.
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(g) Solid wood packing material and
merchandise from the Peoples Republic
of China including Hong Kong. This
paragraph does not apply to shipments
transitting the Peoples Republic of
China including Hong Kong from other
countries en route to the United States,
unless merchandise or solid wood
packing material is added to such
shipments while in the Peoples
Republic of China including Hong Kong.
Otherwise, merchandise exported from
the Peoples Republic of China including
Hong Kong that is accompanied by solid
wood packing material may only be
entered into the United States in
accordance with this paragraph (g) and
paragraph (i) of this section. This
restriction applies to both merchandise
that originated in the Peoples Republic
of China including Hong Kong and
merchandise that entered the Peoples
Republic of China including Hong Kong
for further processing or packaging,
regardless of whether the merchandise
moves directly from the Peoples
Republic of China including Hong Kong
to the United States or transits other
countries en route to the United States.
(1) Prior to exportation from the
Peoples Republic of China including
Hong Kong, any solid wood packing
material must be heat treated, fumigated
and aerated, or treated with
preservatives, using a treatment
schedule contained in § 319.40–7 or in
the Plant Protection and Quarantine
Treatment Manual, which is
incorporated by reference at § 300.1 of
this chapter. During the entire interval
between treatment and export the solid
wood packing material must be stored,
handled, or safeguarded in a manner
which excludes any infestation of the
solid wood packing material by plant
pests.
(2) Any merchandise accompanied by
solid wood packing material exported
from the Peoples Republic of China
including Hong Kong may only be
entered if the importer has on file at its
office, and retains there for a period of
one year following the date of
importation, the following documents:
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(i) A certificate signed by an official
of the applicable government agency
authorized by the government of the
Peoples Republic of China or the
government of the Hong Kong Special
Administrative Region, stating that the
solid wood packing material, prior to
export from the Peoples Republic of
China including Hong Kong, has been
heat treated, fumigated and aerated, or
treated with preservatives using a
treatment schedule contained in
§ 319.40–7 or in the Plant Protection
and Quarantine Treatment Manual, and
(ii) An importer statement (a written
statement by the importer affirming that
the importer has on file at his or her
office the certificate required under
paragraph (g)(2)(i) of this section).
(3) In addition to the document
requirements of paragraph (g)(2) of this
section, a copy of the certificate must
accompany all shipments that do not
enter using the United States Customs
Service’s electronic entry filing and
Automated Broker Interface.
(4) Upon the request of an APHIS
inspector or a United States Customs
Service officer, the importer must
produce a copy of the certificate and
importer statement issued for any
shipment.
(5) At their option, in order to
expedite release of a shipment, an
importer may provide a certificate to the
APHIS inspector at the port of first
arrival prior to the arrival of the
shipment. 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 certificate.
(6) If an APHIS inspector determines
that a shipment imported from the
Peoples Republic of China including
Hong Kong contains plant pests, or
contains solid wood packing material
that was not heat treated, fumigated and
aerated, or treated with preservatives,
the APHIS inspector may refuse entry of
the entire shipment (merchandise and
solid wood packing material). If an
importer does not produce upon request
by an APHIS inspector the certificate
required for a shipment imported from
the Peoples Republic of China including
Hong Kong containing solid wood
packing material, the APHIS inspector
may refuse entry into the United States
of the entire shipment (merchandise and
solid wood packing material) until the
certificate is produced. For any
shipment refused entry, if the APHIS
inspector determines that the
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22587
merchandise may be separated from the
solid wood packing material and that
the solid wood packing material may be
destroyed or reexported without risk of
spreading plant pests, the inspector may
allow the importer to separate the
merchandise from the solid wood
packing material at a location and
within a time period specified by the
inspector to prevent the dissemination
of plant pests, and destroy or reexport
the solid wood packing material under
supervision of an inspector. The means
used to destroy solid wood packing
material under this section must be
incineration, or chipping followed by
incineration. The importer shall be
responsible for all costs associated with
inspection, separation, and destruction
or reexportation of any solid wood
packing material, including costs of the
services of an inspector to monitor such
activities, in accordance with § 354.3(j)
of this chapter. Any such costs may be
charged to the importer’s customs bond.
(h) Cargo from the Peoples Republic
of China including Hong Kong that does
not contain solid wood packing
material. Merchandise exported from
the Peoples Republic of China including
Hong Kong that is not accompanied by
any solid wood packing material must
have attached to the commercial
invoice, the bill of lading, or the airway
bill, an exporter statement stating that
the shipment contains no solid wood
packing material. As an alternative to
attaching the exporter statement to the
paperwork presented at entry, the
importer may provide the exporter
statement to the APHIS inspector at the
port of entry prior to arrival of the
shipment. Any shipment is subject to
inspection for solid wood packing
material, and if such inspection is
ordered by an inspector, the shipment
will not be granted entry into the United
States prior to completion of the
inspection. If the inspection reveals
solid wood packing material, the
inspector may refuse entry into the
United States of the entire shipment
(merchandise and solid wood packing
material). Any shipment refused entry
will be handled in accordance with the
procedures in paragraph (g)(6) of this
section. The importer shall be
responsible for all costs associated with
inspection, separation, and destruction
or reexportation of any solid wood
packing material, including costs of the
services of an inspector to monitor such
activities in accordance with § 354.3(j)
of this chapter. Any such costs may be
charged to the importer’s customs bond.
(i) Special provisions for air overnight
couriers and air express delivery
companies. Overnight couriers and
express delivery companies must
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Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Rules and Regulations
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 solid wood packing
material. The company may present one
certificate in cases where the company
has arranged treatment of all solid wood
packing material on the flight, and may
present multiple certificates in cases
where packages with solid wood
packing material 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 government of the
Peoples Republic of China or the Hong
Kong Special Administrative Region,
and must state that the solid wood
packing material, prior to export from
the Peoples Republic of China including
Hong Kong, has been heat treated,
fumigated and aerated, or treated with
preservatives using a treatment schedule
contained in § 319.40–7 or in the Plant
Protection and Quarantine Treatment
Manual. If the aircraft contains no
packages that employ solid wood
packing material, or contains both
packages that do and do not employ
solid wood packing material, 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 solid wood
packing material.
(j) Customs entry or entry summary
filing requirements. By instruction, the
United States Customs Service will
inform importers of any information
that may be required on entry or entry
summary documentation under the
Automated Broker Interface or other
entry filing systems, electronic or
otherwise, with regard to recording the
existence of certificates, importer
statements affirming that the importer
has on file at his or her office any
certificate required, and exporter
statements that there is no solid wood
packing material in a shipment.
(k) Liability under the Customs import
bond and international carrier bond.
Any failure of an importer to comply
with any of the provisions regarding the
maintenance or presentation of records
or information as prescribed in this
subpart may result in liability under the
Customs basic import bond. Any failure
of a carrier to comply with any of the
provisions regarding the maintenance or
presentation of records or information
as prescribed in this subpart may result
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• Edocket: Go to https://www.epa.gov/
feddocket to submit or view public
comments, access the index listing of
the contents of the official public
Effective Date Note: At 69 FR 55733, Sept.
docket, and to access those documents
16, 2004, § 319.40–5 was amended in
paragraphs (b)(1)(i)(C), (b)(2), and (b)(2)(i), by in the public docket that are available
electronically. Once you have entered
removing the words ‘‘solid wood packing
EDOCKET, click on the ‘‘View Open
materials’’ each time they occur and adding
APHIS Dockets’’ link to locate this
the words ‘‘regulated wood packaging
material’’ in their place, and removing
document.
paragraphs (g) through (k), effective Sept. 16,
• Postal Mail/Commercial Delivery:
2005.
Please send four copies of your
I 4. In § 319.40–10, footnote 6, the words comment (an original and three copies)
‘‘without meeting the requirements of
to Docket No. 05–009–1, Regulatory
this subpart’’ are removed and the words Analysis and Development, PPD,
‘‘without a complete certificate or
APHIS, Station 3C71, 4700 River Road
exporter statement’’ are reinstated in its Unit 118, Riverdale, MD 20737–1238.
place, and an effective date note is added Please state that your comment refers to
to the end of the section to read as
Docket No. 05–009–1.
follows:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
§ 319.40–10 Costs and charges.
the instructions for locating this docket
*
*
*
*
*
and submitting comments.
Effective Date Note: At 69 FR 55733, Sept.
Reading Room: You may read any
16, 2004, § 319.40–10 was amended in
comments that we receive on this
footnote 6, the words ‘‘without a complete
docket in our reading room. The reading
certificate or exporter statement’’ are
removed and the words ‘‘without meeting the room is located in room 1141 of the
USDA South Building, 14th Street and
requirements of this subpart’’ are added in
Independence Avenue SW.,
their place, effective Sept. 16, 2005.
Washington, DC. Normal reading room
[FR Doc. 05–55505 Filed 4–29–05; 8:45 am]
hours are 8 a.m. to 4:30 p.m., Monday
BILLING CODE 1505–01–D
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690–2817 before
DEPARTMENT OF AGRICULTURE
coming.
Other Information: You may view
Animal and Plant Health Inspection
APHIS documents published in the
Service
Federal Register and related
information on the Internet at https://
9 CFR Part 78
www.aphis.usda.gov/ppd/rad/
webrepor.html.
[Docket No. 05–009–1]
in liability under the international
carrier bond.
*
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Brucellosis in Swine; Add Florida to
List of Validated Brucellosis-Free
States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
SUMMARY: We are amending the
brucellosis regulations concerning the
interstate movement of swine by adding
Florida to the list of validated
brucellosis-free States. We have
determined that Florida meets the
criteria for classification as a validated
brucellosis-free State. This action
relieves certain restrictions on the
interstate movement of breeding swine
from Florida.
DATES: This interim rule is effective on
May 2, 2005. We will consider all
comments that we receive on or before
July 1, 2005.
ADDRESSES: You may submit comments
by any of the following methods:
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Dr.
John Korslund, Staff Veterinarian
(Swine Health), Eradication and
Surveillance Team, National Center for
Animal Health Programs, VS, APHIS,
4700 River Road Unit 43, Riverdale, MD
20737–1231; (301) 734–5914.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
Brucellosis is a contagious disease
caused by bacteria of the genus Brucella.
The disease mainly affects cattle, bison,
and swine, but goats, sheep, horses, and
even humans are susceptible. In its
principal animal hosts, it causes loss of
young through spontaneous abortion or
birth of weak offspring, reduced milk
production, and infertility. There is no
economically feasible treatment for
brucellosis in livestock. In humans,
brucellosis initially causes flu-like
symptoms, but the disease may develop
into a variety of chronic conditions,
including arthritis. Humans can be
treated for brucellosis with antibiotics.
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]]>Agencies
[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Rules and Regulations]
[Pages 22585-22588]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-55505]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Rules and
Regulations
[[Page 22585]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
Foreign Quarantine Notices
CFR Correction
0
In Title 7 of the Code of Federal Regulations, Parts 300 to 399,
revised as of January 1, 2005, make the following corrections:
0
1. In Sec. 319.40-1 the definitions for Regulated wood packaging
material and Wood packaging material are removed; the definitions for
Exporter statement, Importer statement, and Solid wood packing material
are reinstated; and an effective date note with future effective text
is added to the end of the section to read as follows:
Sec. 319.40-1 Definitions.
* * * * *
Exporter statement. A written declaration by the exporter,
accompanying a shipment at the time of importation, declaring the
nature of the shipment and that the shipment contains no solid wood
packing material.
* * * * *
Importer statement. A written declaration by the importer, for a
shipment containing solid wood packing material from the Peoples
Republic of China including Hong Kong, affirming that the importer has
on file at his or her office the certificate required under Sec.
319.40-5(g)(2)(i).
* * * * *
Solid wood packing material. Wood 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.
* * * * *
Effective Date Note: At 69 FR 55732, Sept. 16, 2004, Sec.
319.40-1 was amended by removing the definitions for Exporter
statement, Importer statement, and Solid wood packing material, and
adding two definitions in alphabetical order, effective Sept. 16,
2005. For the convenience of the user, the added text is set forth
as follows:
Sec. 319.40-1 Definitions.
* * * * *
Regulated wood packaging material. Wood packaging material other
than manufactured wood materials, loose wood packing materials, and
wood pieces less than 6 mm thick in any dimension, that are used or for
use with cargo to prevent damage, including, but not limited to,
dunnage, crating, pallets, packing blocks, drums, cases, and skids.
* * * * *
Wood packaging material. Wood or wood products (excluding paper
products) used in supporting, protecting or carrying a commodity
(includes dunnage).
0
2. In Sec. 319.40-3, paragraph (b) is correctly revised, and an
effective date note with future effective text is added to the end of
the section to read as follows:
Sec. 319.40-3 General permits; articles that may be imported without
a specific permit; articles that may be imported without either a
specific permit or an importer document.
* * * * *
(b) Solid wood packing materials--(1) Free of bark; used with non-
regulated articles. APHIS hereby issues a general permit to import
regulated articles authorized by this paragraph, except that solid wood
packing material from the People's Republic of China including Hong
Kong must be imported in accordance with Sec. 319.40-5(g), (h), and
(i). Solid wood packing materials that are completely free of bark and
are in actual use at the time of importation as packing materials for
articles which are not regulated articles may be imported without
restriction under this subpart, except that:
(i) The solid wood packing materials are subject to the inspection
and other requirements in Sec. 319.40-9; and
(ii) The solid wood packing materials must be accompanied at the
time of importation by an importer document, stating that the solid
wood packing materials are totally free from bark, and apparently free
from live plant pests.
(2) Free of bark; used with regulated articles. APHIS hereby issues
a general permit to import regulated articles authorized by this
paragraph, except that solid wood packing material from the People's
Republic of China including Hong Kong must be imported in accordance
with Sec. 319.40-5(g), (h), and (i). Solid wood packing materials that
are completely free of bark and are in actual use at the time of
importation as packing materials for regulated articles may be imported
without restriction under this subpart, except that:
(i) The solid wood packing materials are subject to the inspection
and other requirements in Sec. 319.40-9;
(ii) The solid wood packing materials must be accompanied at the
time of importation by an importer document, stating that the solid
wood packing materials are totally free from bark, and apparently free
from live plant pests; and
(iii) The solid wood packing materials must be accompanied at the
time of importation by an importer document, stating that the solid
wood packing materials have been heat treated, fumigated, or treated
with preservatives in accordance with Sec. 319.40-7, or meet all the
importation and entry conditions required for the regulated article the
solid wood packing material is used to move.
(3) Not free of bark; used with regulated or nonregulated articles.
APHIS hereby issues a general permit to import regulated articles
authorized by this paragraph, except that solid wood packing material
from the People's Republic of China including Hong Kong must be
imported in accordance with Sec. 319.40-5(g), (h), and (i). Solid wood
packing materials that are not completely free of bark and are in
actual use as packing at the time of importation may be imported
without restriction under this subpart, except that:
(i) The solid wood packing materials are subject to the inspection
and other requirements in Sec. 319.40-9;
(ii) The solid wood packing materials must be accompanied at the
time of importation by an importer document, stating that the solid
wood packing materials have been heat treated, fumigated, or treated
with preservatives in accordance with Sec. 319.40-7.
(4) Pallets moved as cargo. APHIS hereby issues a general permit to
import
[[Page 22586]]
regulated articles authorized by this paragraph. Pallets that are
completely free of bark and that are not in actual use as packing at
the time of importation (i.e., pallets moved as cargo) may be imported
without restriction under this subpart, except that:
(i) The pallets are subject to the inspection and other
requirements in Sec. 319.40-9; and
(ii) The pallets are accompanied by an importer document stating
that the pallets were previously eligible for importation in accordance
with paragraph (b) of this section and have not had wood added to them
since that use. Solid wood packing materials other than pallets that
are imported as cargo must be imported in accordance with the
requirements of this subpart for raw lumber.
* * * * *
Effective Date Note: At 69 FR 55732, Sept. 16, 2004, Sec.
319.40-3 was amended by revising paragraph (b), effective Sept. 16,
2005. For the convenience of the user, the revised text is set forth
as follows:
Sec. 319.40-3 General permits; articles that may be imported without
a specific permit; articles that may be imported without either a
specific permit or an importer document.
* * * * *
(b) Regulated wood packaging material. Regulated wood packaging
material, whether in actual use as packing for regulated or
nonregulated articles or imported as cargo, may be imported into the
United States under a general permit in accordance with the following
conditions:
(1) Treatment. The wood packaging material must have been:
(i) Heat treated to achieve a minimum wood core temperature of 56
[deg]C for a minimum of 30 minutes. Such treatment may employ kiln-
drying, chemical pressure impregnation, or other treatments that
achieve this specification through the use of steam, hot water, or dry
heat; or,
(ii) Fumigated with methyl bromide in an enclosed area for at least
16 hours at the following dosage, stated in terms of grams of methyl
bromide per cubic meter or pounds per 1,000 cubic feet of the enclosure
being fumigated. Following fumigation, fumigated products must be
aerated to reduce the concentration of fumigant below hazardous levels,
in accordance with label instructions approved by the U.S.
Environmental Protection Agency:
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Minimum required concentration (g/m\3\
Initial dose and lbs./1,000 c.f.) after:
Temperature ( [deg]C/ [deg]F) (g/m\3\ and -------------------------------------------
lbs./1,000 c.f) 0.5 hrs 2 hrs. 4 hrs. 16 hrs.
----------------------------------------------------------------------------------------------------------------
21/70 or above..................................... 48/3.0 36/2.25 24/1.5 17/1.06 14/0.875
16/61 or above..................................... 56/3.5 42/2.63 28/1.75 20/1.25 17/1.06
11/52 or above..................................... 64/4.0 48/3.0 32/2.0 22/1.38 19/1.19
----------------------------------------------------------------------------------------------------------------
(2) Marking. The wood packaging material 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 that indicates
that the article meets the requirements of this paragraph. The mark
must be approved by the International Plant Protection Convention in
its International Standards for Phytosanitary Measures to certify that
wood packaging material has been subjected to an approved measure, and
must include a unique 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 (e.g., HT for heat treatment or MB for
methyl bromide fumigation). The currently approved format for the mark
is as follows, where XX would be replaced by the country code, 000 by
the producer number, and YY by the treatment type (HT or MB):
[GRAPHIC] [TIFF OMITTED] TR16SE04.000
(3) Immediate reexport of regulated wood packaging material without
required mark. An inspector at the port of first arrival may order the
immediate reexport of regulated wood packaging material that is
imported without the mark required by paragraph (b)(2) of this section,
in addition to or in lieu of any port of first arrival procedures
required by Sec. 319.40-9 of this part.
(4) Exception for Department of Defense. Regulated wood packaging
material used by the Department of Defense (DOD) of the U.S. Government
to package nonregulated articles, including commercial shipments
pursuant to a DOD contract, may be imported into the United States
without the mark required by paragraph (b)(2) of this section.
* * * * *
(Approved by the Office of Management and Budget under control
numbers 0579-0049 and 0579-0225.)
[[Page 22587]]
0
3. In Sec. 319.40-5, paragraphs (b)(1)(i)(C), (b)(2), and (b)(2)(i),
the words ``regulated wood packaging material'' are removed each time
they occur and the words ``solid wood packing materials'' are
reinstated in their place, paragraphs (g) through (k) are reinstated,
and an effective date note with future effective text is added to the
end of the section to read as follows:
Sec. 319.40-5 Importation and entry requirements for specified
articles.
* * * * *
(g) Solid wood packing material and merchandise from the Peoples
Republic of China including Hong Kong. This paragraph does not apply to
shipments transitting the Peoples Republic of China including Hong Kong
from other countries en route to the United States, unless merchandise
or solid wood packing material is added to such shipments while in the
Peoples Republic of China including Hong Kong. Otherwise, merchandise
exported from the Peoples Republic of China including Hong Kong that is
accompanied by solid wood packing material may only be entered into the
United States in accordance with this paragraph (g) and paragraph (i)
of this section. This restriction applies to both merchandise that
originated in the Peoples Republic of China including Hong Kong and
merchandise that entered the Peoples Republic of China including Hong
Kong for further processing or packaging, regardless of whether the
merchandise moves directly from the Peoples Republic of China including
Hong Kong to the United States or transits other countries en route to
the United States.
(1) Prior to exportation from the Peoples Republic of China
including Hong Kong, any solid wood packing material must be heat
treated, fumigated and aerated, or treated with preservatives, using a
treatment schedule contained in Sec. 319.40-7 or in the Plant
Protection and Quarantine Treatment Manual, which is incorporated by
reference at Sec. 300.1 of this chapter. During the entire interval
between treatment and export the solid wood packing material must be
stored, handled, or safeguarded in a manner which excludes any
infestation of the solid wood packing material by plant pests.
(2) Any merchandise accompanied by solid wood packing material
exported from the Peoples Republic of China including Hong Kong may
only be entered if the importer has on file at its office, and retains
there for a period of one year following the date of importation, the
following documents:
(i) A certificate signed by an official of the applicable
government agency authorized by the government of the Peoples Republic
of China or the government of the Hong Kong Special Administrative
Region, stating that the solid wood packing material, prior to export
from the Peoples Republic of China including Hong Kong, has been heat
treated, fumigated and aerated, or treated with preservatives using a
treatment schedule contained in Sec. 319.40-7 or in the Plant
Protection and Quarantine Treatment Manual, and
(ii) An importer statement (a written statement by the importer
affirming that the importer has on file at his or her office the
certificate required under paragraph (g)(2)(i) of this section).
(3) In addition to the document requirements of paragraph (g)(2) of
this section, a copy of the certificate must accompany all shipments
that do not enter using the United States Customs Service's electronic
entry filing and Automated Broker Interface.
(4) Upon the request of an APHIS inspector or a United States
Customs Service officer, the importer must produce a copy of the
certificate and importer statement issued for any shipment.
(5) At their option, in order to expedite release of a shipment, an
importer may provide a certificate to the APHIS inspector at the port
of first arrival prior to the arrival of the shipment. 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 certificate.
(6) If an APHIS inspector determines that a shipment imported from
the Peoples Republic of China including Hong Kong contains plant pests,
or contains solid wood packing material that was not heat treated,
fumigated and aerated, or treated with preservatives, the APHIS
inspector may refuse entry of the entire shipment (merchandise and
solid wood packing material). If an importer does not produce upon
request by an APHIS inspector the certificate required for a shipment
imported from the Peoples Republic of China including Hong Kong
containing solid wood packing material, the APHIS inspector may refuse
entry into the United States of the entire shipment (merchandise and
solid wood packing material) until the certificate is produced. For any
shipment refused entry, if the APHIS inspector determines that the
merchandise may be separated from the solid wood packing material and
that the solid wood packing material may be destroyed or reexported
without risk of spreading plant pests, the inspector may allow the
importer to separate the merchandise from the solid wood packing
material at a location and within a time period specified by the
inspector to prevent the dissemination of plant pests, and destroy or
reexport the solid wood packing material under supervision of an
inspector. The means used to destroy solid wood packing material under
this section must be incineration, or chipping followed by
incineration. The importer shall be responsible for all costs
associated with inspection, separation, and destruction or
reexportation of any solid wood packing material, including costs of
the services of an inspector to monitor such activities, in accordance
with Sec. 354.3(j) of this chapter. Any such costs may be charged to
the importer's customs bond.
(h) Cargo from the Peoples Republic of China including Hong Kong
that does not contain solid wood packing material. Merchandise exported
from the Peoples Republic of China including Hong Kong that is not
accompanied by any solid wood packing material must have attached to
the commercial invoice, the bill of lading, or the airway bill, an
exporter statement stating that the shipment contains no solid wood
packing material. As an alternative to attaching the exporter statement
to the paperwork presented at entry, the importer may provide the
exporter statement to the APHIS inspector at the port of entry prior to
arrival of the shipment. Any shipment is subject to inspection for
solid wood packing material, and if such inspection is ordered by an
inspector, the shipment will not be granted entry into the United
States prior to completion of the inspection. If the inspection reveals
solid wood packing material, the inspector may refuse entry into the
United States of the entire shipment (merchandise and solid wood
packing material). Any shipment refused entry will be handled in
accordance with the procedures in paragraph (g)(6) of this section. The
importer shall be responsible for all costs associated with inspection,
separation, and destruction or reexportation of any solid wood packing
material, including costs of the services of an inspector to monitor
such activities in accordance with Sec. 354.3(j) of this chapter. Any
such costs may be charged to the importer's customs bond.
(i) Special provisions for air overnight couriers and air express
delivery companies. Overnight couriers and express delivery companies
must
[[Page 22588]]
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 solid wood packing material.
The company may present one certificate in cases where the company has
arranged treatment of all solid wood packing material on the flight,
and may present multiple certificates in cases where packages with
solid wood packing material 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 government of the Peoples Republic of China or the Hong Kong
Special Administrative Region, and must state that the solid wood
packing material, prior to export from the Peoples Republic of China
including Hong Kong, has been heat treated, fumigated and aerated, or
treated with preservatives using a treatment schedule contained in
Sec. 319.40-7 or in the Plant Protection and Quarantine Treatment
Manual. If the aircraft contains no packages that employ solid wood
packing material, or contains both packages that do and do not employ
solid wood packing material, 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 solid wood packing material.
(j) Customs entry or entry summary filing requirements. By
instruction, the United States Customs Service will inform importers of
any information that may be required on entry or entry summary
documentation under the Automated Broker Interface or other entry
filing systems, electronic or otherwise, with regard to recording the
existence of certificates, importer statements affirming that the
importer has on file at his or her office any certificate required, and
exporter statements that there is no solid wood packing material in a
shipment.
(k) Liability under the Customs import bond and international
carrier bond. Any failure of an importer to comply with any of the
provisions regarding the maintenance or presentation of records or
information as prescribed in this subpart may result in liability under
the Customs basic import bond. Any failure of a carrier to comply with
any of the provisions regarding the maintenance or presentation of
records or information as prescribed in this subpart may result in
liability under the international carrier bond.
* * * * *
Effective Date Note: At 69 FR 55733, Sept. 16, 2004, Sec.
319.40-5 was amended in paragraphs (b)(1)(i)(C), (b)(2), and
(b)(2)(i), by removing the words ``solid wood packing materials''
each time they occur and adding the words ``regulated wood packaging
material'' in their place, and removing paragraphs (g) through (k),
effective Sept. 16, 2005.
0
4. In Sec. 319.40-10, footnote 6, the words ``without meeting the
requirements of this subpart'' are removed and the words ``without a
complete certificate or exporter statement'' are reinstated in its
place, and an effective date note is added to the end of the section to
read as follows:
Sec. 319.40-10 Costs and charges.
* * * * *
Effective Date Note: At 69 FR 55733, Sept. 16, 2004, Sec.
319.40-10 was amended in footnote 6, the words ``without a complete
certificate or exporter statement'' are removed and the words
``without meeting the requirements of this subpart'' are added in
their place, effective Sept. 16, 2005.
[FR Doc. 05-55505 Filed 4-29-05; 8:45 am]
BILLING CODE 1505-01-D
