[Federal Register Volume 63, Number 242 (Thursday, December 17, 1998)]
[Rules and Regulations]
[Pages 69539-69543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33444]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 242 / Thursday, December 17, 1998 / 
Rules and Regulations  

[[Page 69539]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 98-087-4]
RIN 0579-AB01


Solid Wood Packing Material From China

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule.

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SUMMARY: This document amends an interim rule published in the Federal 
Register on September 18, 1998, and effective December 17, 1998. That 
interim rule amends the regulations for importing logs, lumber, and 
other unmanufactured wood articles by adding treatment and 
documentation requirements for solid wood packing material imported 
from the Peoples Republic of China, including the Hong Kong Special 
Administrative Region. We are amending certain provisions of that rule 
regarding two documents, the official certificate and the exporter 
statement, and provisions regarding use of these documents for the 
entry of goods imported into the United States from the Peoples 
Republic of China including Hong Kong. We are adding a provision 
regarding a third document, the importer statement. We are making these 
changes to better coordinate the requirements of the rule with the 
United States Customs Service's electronic Automated Broker Interface 
system and entry operations procedures.

DATES: Interim rule effective December 17, 1998. Consideration will be 
given only to comments received on or before February 16, 1999.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-087-4, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 98-087-4. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Campbell, Import 
Specialist, Phytosanitary Issues Management Team, PPQ, APHIS, 4700 
River Road Unit 140, Riverdale, MD 20737-1236, (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

    The Animal and Plant Health Inspection Service (APHIS) regulates 
the importation of logs, lumber, and other unmanufactured wood articles 
to prevent the introduction into the United States of dangerous plant 
pests, including forest pests.
    On September 18, 1998, we published in the Federal Register (63 FR 
50100-50111, Docket No. 98-087-1) an interim rule that amended the 
regulations by imposing certain requirements on imported solid wood 
packing material (SWPM) from the Peoples Republic of China (referred to 
below as the PRC), including the Hong Kong Special Administrative 
Region (referred to below as Hong Kong). That interim rule was 
promulgated in order to prevent the introduction and establishment of 
the Asian longhorned beetle and other dangerous plant pests associated 
with SWPM from the PRC including Hong Kong. Under that rule (referred 
to below as the interim rule), if a commercial shipment from the PRC 
including Hong Kong contains SWPM, then prior to departure from the PRC 
including Hong Kong the SWPM must be heat treated, fumigated, or 
treated with preservatives 1, and must be accompanied by a 
certificate signed by an official of a responsible government agency 
that documents the treatment of the SWPM. The interim rule also 
required that commercial shipments from the PRC including Hong Kong 
that do not contain any SWPM include an exporter statement on, or 
attached to, the commercial invoice and as an attachment to the bill of 
lading stating that the shipment contains no SWPM.
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    \1\ Allowed preservatives must use a product that is registered 
by the United States Environmental Protection Agency, applied in 
accordance with label directions. In response to questions from 
industry, APHIS wishes to give notice that registered borate 
products are one allowed preservative.
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    Since publication of the interim rule, in the course of 
coordinating with the United States Customs Service (referred to below 
as Customs) to prepare for implementation of the rule, we have become 
aware of several potential problems that could be caused by the 
language of the interim rule. These potential problems concern four 
areas: (1) What types of shipments are regulated; (2) location and 
presentation of documents required by the interim rule; (3) identity of 
authorities authorized to issue certificates required by the interim 
rule; and (4) liability of importers under the Customs import bond and 
the international carrier bond. The changes we are making to address 
these four problem areas are discussed below.

What Types of Shipments Are Regulated

    The earlier interim rule imposed requirements on articles and SWPM 
``from China,'' which resulted in some confusion regarding 
transshipments, through ports of the PRC including Hong Kong, of cargo 
from other countries, and whether merchandise and SWPM from another 
country would be regulated if it was transshipped through the Peoples 
Republic of China including Hong Kong en route to the United States. 
This current rule uses the terms ``merchandise exported from the PRC 
including Hong Kong accompanied by solid wood packing material'' and 
``merchandise exported from the PRC including Hong Kong not accompanied 
by any solid wood packing material.'' We have also added a prefatory 
sentence reading ``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 other merchandise 
or solid wood packing material is added to such shipments while in the 
Peoples Republic of China including Hong Kong.'' In both the original 
interim rule and this amendment, APHIS intends the

[[Page 69540]]

regulatory requirements to apply to merchandise and SWPM from the 
Peoples Republic of China including Hong Kong, not to merchandise and 
SWPM that originated in other countries and were merely transshipped 
through PRC or Hong Kong ports en route to the United States. So, for 
example, merchandise from Europe packed in SWPM from Europe that was 
transshipped through Hong Kong would not be subject to the regulations; 
but if merchandise or SWPM was added to that shipment in Hong Kong, 
that merchandise and SWPM would be subject to the regulations.
    As discussed in the interim rule, Hong Kong as well as the mainland 
of China is subject to regulation due to the close and unique economic 
connections between the Hong Kong Special Administrative Region and the 
mainland of China, and the fact that about half of the mainland of 
China's exports to the United States go through Hong Kong. 
Additionally, Hong Kong does not produce any SWPM from its own forests 
and obtains the bulk of its SWPM from the mainland of China. Because 
there are no internal controls in the PRC to prevent the movement of 
the pests of concern, there is a significant risk that the SWPM Hong 
Kong obtains from the mainland of China and uses to export Hong Kong 
goods to the United States could introduce pests into the United States 
unless the SWPM is treated in accordance with the regulations.

Location and Presentation of Documents Required by the Interim Rule

    The interim rule required that SWPM from the PRC including Hong 
Kong ``be accompanied by'' the required government certificate, and 
that shipments of merchandise from the PRC including Hong Kong that 
contain no SWPM must have an exporter statement ``on or attached to the 
commercial invoice and as an attachment to the bill of lading.''
    Attachment of certificates and exporter statements could greatly 
increase the size of vessel manifests. The purpose of requiring 
documents to be attached was to allow inspectors at the port of entry 
to confirm that the required documents exist.
    It is not necessary for the certificate to physically accompany the 
shipment if the existence of the certificate is confirmed and a copy of 
it is available to the inspector when needed. When cargo enters the 
United States using Customs electronic entry procedures, the existence 
of a certificate and the contact person who can provide a copy of the 
certificate can be recorded in the Customs Automated Broker Interface 
(ABI) discussed below. Therefore, this rule will not require that a 
certificate accompany a shipment containing SWPM from the PRC including 
Hong Kong, if the pertinent entry summary has been electronically filed 
in the Customs ABI. Instead, the rule will require that an importer 
must have on file in his or her office a certificate accurately 
documenting the treatment of the SWPM. The importer must also have on 
file an importer statement, which is a written statement by the 
importer affirming that the importer has on file at his or her office 
the required certificate. This importer statement will be useful in 
enforcing the regulations because in the importer statement the 
importer attests to awareness of and compliance with the certificate 
requirement. The importer must produce a copy of the certificate and 
the importer statement if requested by an inspector. The importer must 
retain copies of these two documents in its office for a period of one 
year following the date of importation.
    For importers who do not employ ABI filing for their shipments, the 
rule will continue to require that a copy of the certificate accompany 
the shipment. These importers, however, must also have a copy of the 
certificate and importer statement on file at their office and retain 
them for a period of one year following the date of importation.
    While using ABI records will allow inspectors to avoid having to 
examine the certificate for every certified shipment from the PRC 
including Hong Kong, it is necessary that an exporter statement be 
available in the paperwork associated with every shipment that does not 
contain SWPM. This is because APHIS enforcement activities at ports 
usually begin with examination of manifests and other cargo documents, 
and an exporter statement attached to these documents is the basis for 
distinguishing between shipments that contain regulated SWPM and 
shipments that do not. In other words, an inspector reviewing manifests 
and bills of lading must assume that any shipment that does not have an 
exporter statement in these documents should contain SWPM, and 
therefore has a certificate and importer statement on file in the 
importer's office. Any shipment that does not contain SWPM, but lacks 
an exporter statement documenting this fact attached to the associated 
paperwork, may be delayed while the inspector determines through 
inspection that it does not contain SWPM.
    Therefore, we are continuing to require that an exporter statement 
be presented at the port, rather than be available on file in the 
importer's office. However, to provide more options for presenting the 
exporter statement, we are changing the requirement that it be attached 
to both the commercial invoice and the bill of lading. Instead, it may 
be attached to the bill of lading, commercial invoice, or airway bill, 
or may be supplied to the inspector at the port of arrival prior to 
arrival of the cargo. In this last case the exporter statement would 
not need to accompany the bill of lading, invoice, or airway bill.
    Thus, an importer using ABI must ensure that a certificate has been 
issued for his shipment if it contains SWPM from the Peoples Republic 
of China including Hong Kong, and must keep this certificate along with 
the importer statement on file in his or her office, and must produce 
them if requested by an inspector. Importers who do not use ABI must 
ensure that a copy of the certificate accompanies their shipment, and 
that the certificate and importer statement are on file in his or her 
office. For shipments from the PRC including Hong Kong containing no 
SWPM, the importer must present an exporter statement by either 
attaching it to papers accompanying the shipment, or by sending it 
(e.g., by fax) in advance to the port of arrival.
    We anticipate that brokers and importers will make extensive use of 
fax transmission to provide inspectors with copies of certificates the 
inspectors request, and to send inspectors exporter statements in 
advance of the arrival of cargo. We will be enhancing the capabilities 
of affected ports to receive large volumes of faxes, and will widely 
publish the port fax machine telephone numbers.
    Additionally, as described below, brokers who use the ABI for their 
shipments must indicate the existence of a certificate or exporter 
statement for a shipment in the appropriate field of the ABI. (Customs 
is currently developing ABI fields for this purpose, and instructions 
to ABI users.) Inspectors will thus be able to use ABI data to see 
whether the importer states that a certificate or exporter statement 
exists for each shipment listed in the ABI (which is currently used for 
over 75 percent of all seaborne cargo shipments).
    The ABI is being modified to include new fields for cargo imported 
from the PRC including Hong Kong (at a minimum, one field documenting 
existence of a certificate and that the shipment contains SWPM, and 
another field documenting the existence of an exporter statement and 
that the shipment does not contain SWPM).

[[Page 69541]]

Because the electronic filing protocol will not accept a filing for 
cargo from the PRC including Hong Kong unless the broker making the 
filing completes one of these two fields, the revised ABI will help 
ensure that brokers and importers are aware of the APHIS regulatory 
requirements for SWPM. We expect this feature will greatly enhance 
awareness of and compliance with the regulations.
    On another topic related to the location and presentation of 
documents required by the regulations, we are adding a new paragraph 
Sec. 319.40-5(i), ``Special provisions for air overnight couriers and 
air express delivery companies.'' This paragraph clarifies that 
companies that carry express delivery packages from the PRC including 
Hong Kong to the United States for many different customers may present 
a single certificate, exporter statement, or both (as appropriate under 
the regulations) for each aircraft carrying their packages for delivery 
in the United States. The company may present a single certificate if 
it has arranged treatment of all the SWPM on the flight, or it may 
present multiple certificates if the flight carries multiple packages 
containing SWPM that were accepted for delivery from multiple 
customers, each of whom arranged treatment and certification of their 
own packages. The company may also present a single exporter statement 
if it determines that all packages on the flight not accompanied by 
certificates are free from SWPM. Alternatively, the company may present 
more than one exporter statement if it finds, for instance, that it is 
more convenient to have individual customers write exporter statements 
for their own packages.
    As provided by the original interim rule, if an importer does not 
present the required documents, or is otherwise in violation of the 
regulations, inspectors at the port of entry can order the shipment to 
be reexported. If there is no immediate plant pest risk and appropriate 
facilities ara available for use, inspectors may allow the SWPM to be 
separated from the cargo and reexported or destroyed. Separation of the 
cargo from the SWPM will only be allowed if the inspector determines 
this may be done without risk of spreading plant pests. If there is no 
secure area in which a shipment can be stored until the importer 
produces required documentation, or if there is no secure area where 
separation of cargo and SWPM can occur, or if separation cannot be done 
in a manner to prevent risk of pests escaping, the inspector will order 
the shipment reexported.

Identity of National Authorities Authorized To Issue Certificates 
Required by the Interim Rule

    It appears that readers of the interim rule would like further 
guidance on which national authorities may issue certificates. 
Therefore, we are changing the phrase ``a certificate signed by an 
official of a Chinese government agency authorized by the national 
government of China,'' to read ``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.'' To make it perfectly clear that the 
regulations apply to Hong Kong, we are also changing several references 
to articles ``from China'' to read ``from the Peoples Republic of China 
including Hong Kong.''

Liability Under the Import Bond and the International Carrier Bond

    The interim rule explained how APHIS would charge user fees for 
certain activities required to enter cargo from the PRC including Hong 
Kong in accordance with the regulations, but did not specifically 
discuss the overall liability of importers and carriers under the 
interim rule. This amendment includes a new paragraph, Sec. 319.40-
5(k), that describes the liability of importers. The new paragraph on 
liability states that ``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.'' Paragraphs (g)(6) and 
(h) of Sec. 319.40-5 in this amendment also discuss importers' costs 
associated with inspection, separation, and destruction or 
reexportation of any solid wood packing material. This amendment adds 
the sentence ``Any such costs may be charged to the importer's customs 
bond'' to those paragraphs.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment. Immediate action is 
necessary to prevent further introduction and spread of exotic pests 
associated with SWPM from the Peoples Republic of China including Hong 
Kong.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make this 
rule effective on December 17, 1998. We will consider comments that are 
received within 60 days of publication of this rule in the Federal 
Register. After the comment period closes, we will publish another 
document in the Federal Register. The document will include a 
discussion of any comments we receive and any amendments we are making 
to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

    This interim rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This interim rule makes minor changes regarding documentation and 
entry procedures to the earlier interim rule published on September 18, 
1998 (63 FR 50100-50111, Docket No. 98-087-1) affecting importation of 
solid wood packing materials from the PRC including Hong Kong. Please 
refer to the text of that rule for a discussion of its effects under 
Executive Order 12886 and the Regulatory Flexibility Act.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

National Environmental Policy Act and Environmental Effects Abroad 
of Major Federal Actions

    An environmental assessment and finding of no significant impact 
have been prepared for the earlier interim rule published on September 
18, 1998 (63 FR 50100-50111, Docket No. 98-087-1). This new interim 
rule will not result in any environmental effects not discussed in that 
environmental assessment.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in

[[Page 69542]]

this rule have been approved by the Office of Management and Budget 
(OMB) under OMB control number 0579-0135.

List of Subjects in 7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by 
reference, Nursery Stock, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Rice, Vegetables.

    Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

    1. The authority citation for part 319 continues to read as 
follows:

    Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and 
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).

    2. In Sec. 319.40-1, a new definition is added in alphabetical 
order to read as follows:


Sec. 319.40-1  Definitions

* * * * *
    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).
* * * * *


Sec. 319.40-3  [Amended]

    3. In Sec. 319.40-3, paragraphs (b)(1), (b)(2), and (b)(3), the 
first sentence of the introductory text in each paragraph is amended by 
removing the phrase ``from China must be imported in accordance with 
Sec. 319.40-5(g)'' and adding in its place the phrase ``from the 
Peoples Republic of China including Hong Kong must be imported in 
accordance with Sec. 319.40-5(g), (h), and (i).''
    4. In Sec. 319.40-5, paragraphs (g) and (h) are revised, and new 
paragraphs (i), (j), and (k) are added, 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, 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, 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, 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

[[Page 69543]]

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 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, 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.

    Done in Washington, DC, this 14th day of December 1998.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-33444 Filed 12-14-98; 3:33 pm]
BILLING CODE 3410-34-P