[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Rules and Regulations]
[Pages 22585-22588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-55505]
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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
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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:
----------------------------------------------------------------------------------------------------------------
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