Plant Protection and Quarantine 
December 3, 1999
 
 

Q: When are the new Chinese solid wood packing materials regulations effective? 

A: On November 1, 1999, China officially announced emergency quarantine regulations effective January 1, 2000.
 
 

Q: What will the regulation affect? 

A: All shipments leaving for China beginning January 1, 2000, are affected. On that date, every shipment will require specific certification concerning SWPM, including bracing and dunnage.
 
 

Q: What will be required? 
A: Exporters must self-certify all shipments to China if no solid wood packing material is present or if the solid wood packing material is other than conifer wood.   Exporters should prominently place one of the following certifying statements on the Invoice and/or Bill of Lading.

• THIS SHIPMENT CONTAINS NO SOLID WOOD PACKING MATERIAL. 
• THE SOLID WOOD PACKING MATERIAL IN THIS SHIPMENT IS NOT CONIFEROUS WOOD.

Q: How will APHIS provide this certification?

APHIS has developed a new form and is developing regulations to certify that all conifer packing material that is in a shipment going to China has been heat treated.  The exporter will certify that the solid wood packing material has been heat treated according to the established rules.  APHIS will endorse the Certificate of Heat Treatment that the conifer wood in the shipment has been heat treated.  The Certificate of Heat Treatment  must accompany the shipment.  The new form and regulations are designed to have minimal impact on trade. The Certificate of Heat Treatment form will be available our web site at,
www.aphis.usda.gov/oa/chinaswp/hotbutton
 
 

Q: What is conifer wood?

A: Conifer wood is wood that comes from "...predominately evergreen, cone-bearing trees, such as pine, spruce, hemlock, or fir."
 
 

Q: What is SWPM? 

A: SWPM (solid wood packing material) as defined by APHIS (7CFR 319.40-1) is: "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, spools, and skids." Most of the wood used for shipping to China meets the definition of SWPM and will be subject to the requirements.
 
 

Q: What is not SWPM? 

A: SWPM does not include synthetic or highly processed wood materials used as packing materials. These articles (e.g. plywood, oriented strand board, corrugated paperboard, plastic, and resin composites), while subject to certification, are not subject to the heat treatment requirement.
 
 

Q: What is heat treatment? 

A: Heat treatment, as defined by the regulations, is wood that has been heated to a core temperature of 56 degrees Celsius (133 F) for 30 minutes. Kiln drying also meets this requirement.
 
 

Q: How would the heat treatment be certified by APHIS? 

A: APHIS must be able to determine that the conifer wood used has been properly treated. APHIS will review the Certificate of Heat Treatment that the exporter issued and supporting heat treatment documents which support the certifying statement.
 
 

Q: How long will certificates and certifying documents be retained?

A: Exporters will be required to maintain a copy of the Certificate of Heat Treatment and all documents which support the certification for one year.
 
 

Q: Would transit shipments be affected? What about mixed loads?

A: Sealed shipments transiting "in bond" through the United States to foreign destinations should not be affected by this regulation. Loads of mixed origin would have to be properly certified.
 
 

Q: Are shipments to Taiwan, Hong Kong, Japan, Korea, or other countries affected by this new regulation?

A: This applies only to shipments destined to China. For example, if a shipment is transiting Hong Kong destined to China, these requirements should be met. If a shipment is destined only to Hong Kong, there is no change.
 
 

Q: What happens if I fail to properly certify my shipment?

A: China has indicated that improperly certified shipments are subject to one of three actions:

1. The shipment can be returned to origin.
2. The shipment can be separated from the packing material, at the importer's expense. The packing material would be destroyed.
3. If the shipment cannot be separated from the packing material and is not returned to origin, then both the shipment and packing material would be destroyed.

A: No, there is a growing list of countries, including the United States, Canada, Japan, New Zealand, and Australia, concerned about and regulating for wood-borne pests. In December 1998, APHIS published regulations for SWPM from China due to concerns about the Asian longhorned beetle. In January 1999, APHIS published a Notice of Proposed Rulemaking regarding SWPM from all countries. The European Union has regulated pine lumber from the United States for the pinewood nematode for many years.
 
 

Q: Is the United States the only country regulated for the pine wood nematode? 

A: No, parallel regulations are to go into effect for Japan (China's largest trading partner) at the same time.
 
 

Q: Why has China felt it necessary to establish this regulation? 

A: China's Ministry of Agriculture had previously included pinewood nematode in a list of harmful pests they wished excluded from their country. The pinewood nematode (Bursaphelenchus xylophyllus) has been introduced into parts of China and is reportedly causing significant damage to some of its conifer forests. Because the pinewood nematode is established in the United States, China has issued this regulation in an effort to prevent further introductions into their country.
 
 

Q: What is left to be done? 

A: APHIS continues to work with exporters and the Chinese government to ensure minimal disruptions to trade. We hope China will show some flexibility in the implementation and enforcement of this new requirement to allow U.S. exporters to comply.

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