United States 
Department of
Agriculture

Animal and 
Plant Health
Inspection
Service

1400 Independence 
Avenue, SW
Washington, DC 20250

											FOR INFORMATION
	February 16, 2006

SUBJECT:	Plant Pests in Marked Regulated Wood Packaging Material

         To:	DHS, CBP, AIPP
PPQ, PHP

Purpose: 

This policy outlines procedures to be implemented by Customs and Border Protection (CBP) Agriculture Specialists on wood packaging material that is properly marked but found infested with certain insect pests.

Background:

APHIS adopted the international phytosanitary standard for regulated wood packaging material (WPM) ISPM 15 through the promulgation of 7 C.F.R. 319.40-3.  This regulation specifically requires that imported WPM be either heat treated or fumigated with methyl bromide in accordance with 319.40-3(b)(1), and then marked in accordance with 319.40-3(b)(2) to certify that the WPM has been subject to an approved treatment measure.  The enforcement of section 319.40-3 began on September 16, 2005.

Policy:

Plant pests that attack live trees prior to being manufactured into WPM will not survive treatments prescribed in 319.40-3(b) (1).  Insects in the families of Cerambycidae, Buprestidae, Siricidae, Cossidae, Curculionidae, Platypodidae, Sesiidae and Scolytidae represent timber pests that, when found live in WPM, confirm that the WPM has not been treated in accordance with 319.40-3(b)(1).

Section 319.40-3(b) (3) provides for the immediate reexport of WPM that does not contain the required mark.  Marked WPM, containing pests in the above mentioned families, is considered WPM that has not been treated and marked in accordance with section 319.40-3, and shall be immediately reexported pursuant to (b)(3).  The importer of record is responsible for any costs or charges associated with reexport.

Emerging insects that cannot be properly safeguarded may need immediate treatment before reexportation. Other options should be explored first such as tarping or placing the products in a sealable container. Reexportation of the product will still be carried be out after safeguarding against insect escape.

This policy is an explanation of the existing regulations and consistent with the intent of the rule and the Plant Protection Act.

/s/ Richard L. Dunkle

Richard L. Dunkle
Deputy Administrator
Plant Protection and Quarantine