[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
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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