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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
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Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : CR EIC 111/2/12/1

21 July 2009

Dear Sirs,

Commercial Information Circular No. 372/2009

US : Frequently Asked Questions about Importation of Regulated Wood Packaging Material

The US Customs and Border Protection (CBP) has recently posted to its website a document listing updated frequently asked questions (FAQs) to address additional questions concerning liquidated damages and penalties related to US' wood packaging material (WPM) regulations. Interested parties may refer to the attached Annex (pdf format) or the website of the CBP at
http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/agriculture/wpm/wpm_faq.ctt/wpm_faq.doc for details.

DETAILS

  1. The trade was informed via Commercial Information Circular No. 405/2005 that beginning 5 July 2006 all types of regulated WPM entering the US must be either heat treated or fumigated with methyl bromide in accordance with the International Standards for Phytosanitary Measures No. 15 (ISPM No. 15) "Regulation of Wood Packaging Material in International Trade", and marked with an approved international mark certifying treatment. CBP has recently updated its FAQs document to address additional questions about the imposition of liquidated damages and penalties provision under the WPM regulations.

  2. In gist, the CBP states that (i) an Emergency Action Notification (EAN) will be issued when a "WPM violation" is discovered. A "WPM violation" occurs when WPM entering the US does not adhere to the required treatment under ISPM No. 15, the WPM regulations and any associated amendments, revisions or exemptions identified by the Animal and Plant Health Inspection Service (APHIS) of the US Department of Agriculture; (ii) liquidated damages will be assessed when a party fails to comply with the terms of an EAN; and (iii) penalties may be assessed when a party attempts to conceal a "WPM violation" or a party has received five prior EANs in the previous fiscal year, nationally. Other FAQs related to WPM regulations are set out in the document.

  3. Traders are advised to visit the websites of the CBP and APHIS which are available at http://www.cbp.gov/xp/cgov/trade/trade_programs/agriculture/wpm/ and
    http://www.aphis.usda.gov/import_export/plants/plant_imports/wood_packaging_materials.
    shtml respectively for the latest information regarding the WPM regulations. The Agriculture, Fisheries and Conservation Department has also prepared some information related to WPM regulations on its website which is available at 
    http://www.afcd.gov.hk/english/quarantine/qua_plants/qua_plants_pq/qua_plants_pq_wpm/
    qua_plants_pq_wpm.html. Traders are also strongly advised to seek clarifications with their importers in the US in order to comply with the necessary requirements.

ENQUIRIES

  1. For enquiries concerning the content of this circular, please contact the undersigned at 2398 5682.

Yours faithfully,


(Miss Bonny CHAO)
for Director-General of Trade and Industry