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October 2005 15 2 Q % R D U G * H Q H U D W L R Q R I 1 L W U R J H Q & K H P L F D O 7 D Q N H U V / 1 * ) 3 6 2 & R Q W U R O O H G $ W P R V S K H U H % D U J H V 7 H U P L Q D O V + L J K 3 U H V V X U H % R W W O H ) L O O L Q J H W F head2right $ O O * H Q H U R Q 6 \ V W H P V X W L O L ] H K L J K H I I L F L H Q F \ K R O O R Z I L E H U P H P E U D Q H P R G X O H V S U R G X F H G L Q L W V 3 L W W V E X U J & D O L I R U Q L D 8 6 $ I D F L O L W \ head2right 7 K R X V D Q G V R I V \ V W H P V V R O G W R D O O D U H D V R I W K H 2 L O D Q G * D V 0 D U L Q H D Q G , Q G X V W U L D O P D U N H W V head2right 6 \ V W H P V F H U W L I L H G W R ' H Z 3 R L Q W R I R ) R & S X U L W L H V W R 1 D Q G D O O P D M R U W K L U G S D U W \ V R F L H W L H V head2right $ O O * H Q H U R Q , * 6 I D F L O L W L H V D U H , 6 2 & H U W L I L H G head2right 6 D O H V 6 H U Y L F H 0 D Q X I D F W X U L Q J * O R E D O O \ * * H H Q Q H H U U R R Q , , * * 6 6 , , Q Q F Z Z Z Z Z Z L L J J V V J J O O R R E E D D O O F F R R P P Circle 289 on Reader Service Card Circle 236 on Reader Service Card two-letter ISO country code and the unique number assigned by the national plant protection organization. Beneath that are two additional letters: either HT for heat treatment or MB for methyl bro- mide fumigation. Wood packaging materials are to be marked in a visible location on each arti- cle, preferably on at least two opposite sides of the article, with the legible and permanent logo that indicates that the article meets the requirements of ISPM #15. The requirement applies to pallets, crates, boxes, and dunnage except for those items made entirely of manufac- tured wood material (e.g., particle board, plywood, oriented strand board) and wine or whiskey barrels, or wood packaging materials made entirely of thin pieces of wood of 6 mm thickness or less. The paper certification (treat- ment certificate) is no longer required. Domestic enforcement In the United States, the restrictions on the entry of regulated wood packaging material are administered jointly by APHIS and the U.S. Customs and Border Protection (CBP). APHIS prom- ulgated detailed regulations on September 16, 2004, with enforcement to commence after one year. The two agencies have now published operating procedures relating to enforcement. Enforcement will take place in a phased manner. During Phase 1 - from September 16, 2005 through January 31, 2006 - the agencies will adopt an informed compliance program where account managers will be notified of cargo that contains noncompliant wood packaging material and Notices of Violation will be posted in a prominent location on the goods. During Phase 2 - from February 1 through July 4, 2006 - the agencies will reject violative crates and pallets through re-exportation from North America. The informed compli- ance program during this period will be limited to other types of noncompliant wood packaging material. With the commencement of Phase 3 on July 5, 2006, the agencies will fully enforce the requirements will regard to all articles of regulated wood packaging material entering North America. Noncompliant wood packaging material will not be allowed to enter. Generally, noncompliant wood pack- aging material is to be reexported. Reexport refers to the immediate export of the noncompliant wood packaging material. Where the noncompliant wood packaging material cannot be sep- arated from the accompanying merchan- dise, both with be reexported. Noncompliant wood packaging entering North America is not eligible for treat- ment or destruction upon entry. In every case of the discovery of an actual pest infestation, the protocol associated with safeguarding or eradication of the pest threat will supersede wood packaging material enforcement. Wood packaging material imported into the United States directly from Canada is exempt from the requirement to comply with ISPM #15 to the extent that the material originated therein. Unmarked firewood, mesquite wood for cooking, and small, noncommercial packages of un-manufactured wood for personal cooking or personal medicinal purposes originating in and being imported into the United States directly from the States of Mexico immediately adjacent to the United States (Mexican Border States) are also exempt from the ISPM #15 requirements. Most other nations have adopted, or are in the process of adopting, programs to enforce ISPM #15 with regard to imported wood packaging material. Canada and Mexico have adopted enforcement programs that mirror those of the United States. Who pays? If either CBP or APHIS determines that separation of the noncompliant wood packaging material and the mer- chandise is feasible, then the merchan- dise will be separated at the importer's expense at a time and place selected by CBP or APHIS. All expenses incurred for the services of CBP officers and APHIS specialists involved in the separation of cargo from noncompliant wood packaging material will be billed to the importer or other party of interest. Noncompliant wood packaging material and any associated merchandise from which it cannot be separated will be reexported at the expense of the importer or other party of interest. In the event that the identity of the importer is unknown or otherwise not available to CBP or AHPIS, the importing carrier will be held liable for expenses related to the costs of reexpor- tation of the noncompliant wood pack- aging material and associated merchan- dise. It is recommended that carriers exam- ine cargo prior to lading for compliance with requirements of ISPM #15. Carriers should also include in their tar- iffs and bills of lading provisions requir- ing shippers to comply with ISPM #15 and provisions clearly making any addi- tional expenses incurred by the carrier for noncompliance with ISPM #15 will be for shipper's account. Conclusion When faced with this multi-billion dollar threat, the various national enforcement agencies and the regulated community developed a logical, phased program to minimize the risk without unnecessarily impeding the flow of commerce. This approach may serve as an example for the handling of other transnational issues. Government Update For expedited shipment, call today: ASCO products: 1.866.905.9696 Limitorque products: 1.800.962.9696 www.wosupply.com W&O Supply is the largest supplier of ASCO Products and Limitorque Actuation Systems for the marine industry. And we can get products to you faster than anyone. If you need it tomorrow, we have it. Just call us today. ON OUR SHELF TODAY. ON YOUR JOB TOMORROW. ASCO Marine Products And Limitorque Actuation Systems Available For Immediate Delivery. Piping • Valves Fittings Valve Automation Metrics Metals Electrical Innovation MR OCTOBER 2005 #2 (9-16).qxd 9/29/2005 4:13 PM Page 15
