APHIS Issues Final Rule to Allow Imports of Wooden Handicrafts from China

(From 2002 to 2005, APHIS states it issued more than 300 emergency action notices and conducted national recalls to remove infested Chinese-origin wooden handicrafts from the U.S. marketplace. On April 1, 2005, APHIS suspended the importation of certain wooden handicrafts from China until it could more fully analyze the pest risks associated with those articles. See ITT's Online Archives 05022500 and 05031705 for summaries of APHIS' suspension notice and fact sheet, respectively.)

China Needs to Submit Op Procedures to APHIS Before Handicrafts Can Be Imported

APHIS sources state that while the final rule is effective May 1, APHIS is still waiting for China's authorities to present its operating procedures before companies can begin importing wooden handicrafts from China. Under 7 CFR 305, facilities located outside the U.S. must operate in accordance with a workplan, signed by a representative of the treatment facilities located outside the U.S., the National Plant Protection Organization (NPPO) of the country of origin, and APHIS. Companies that register under the workplan will receive a code number that will need to be applied to packaging to allow APHIS to track the wooden handicrafts to ensure they have been heat treated or fumigated properly.

Final Rule Requirements

The final rule amends 7 CFR Part 319 (Foreign Quarantine Notices) as follows:

Definition of "Regulated Article" is Revised to Include Wooden Handicrafts, Etc.

Section 319.40-1 is amended by revising the definition of regulated article to read as follows (new text is underlined):

"The following articles, if they are unprocessed, have received only primary processing, or contain parts that are either unprocessed or have received only primary processing and are not feasibly separable from the other parts of the article: Logs; lumber; any whole tree; any cut tree or any portion of a tree, not solely consisting of leaves, flowers, fruits, buds, or seeds; bark; cork; laths; hog fuel; sawdust; painted raw wood products; excelsior (wood wool); wood chips; wood mulch; wood shavings; pickets; stakes; shingles; solid wood packing materials; humus; compost; litter; and wooden handicrafts."

New Definition for "Wooden Handicraft" is Added

Section 319.40-1 is also amended to add the following definition for wooden handicraft:

"A commodity class of articles derived or made from natural components of wood, twigs, and vines, and including bamboo poles and garden stakes. Handicrafts include the following products where wood is present: Carvings, baskets, boxes, bird houses, garden and lawn/patio furniture (rustic), potpourri, artificial trees (typically artificial ficus trees), trellis towers, garden fencing and edging, and other items composed of wood."

China Handicrafts over 1cm in Diameter Must Be Heat Treated

Section 319.40-5 is amended by adding a new paragraph (o) to provide the importation and entry requirements for wooden handicrafts from China. The paragraph states that "wooden handicrafts more than 1 centimeter in diameter may be imported into the U.S. from China only in accordance with this paragraph and all other applicable provisions of this title. Wooden handicrafts less than 1 centimeter in diameter are exempt from the requirements of this paragraph, but are still subject to all other applicable provisions of this chapter [7 CFR Chapter III]."¹

Section 319.40-5 would also be amended to state that wooden handicrafts must be treated in accordance with 7 CFR Part 305, which contains APHIS regulations governing phytosanitary treatments and is available here. APHIS published a final rule in January 2010 that, among other things, amended 7 CFR Part 305, to state that all approved treatment schedules for regulated articles are found in the PPQ Treatment Manual.

The relevant schedules for heat treatment and heat treatment with moisture reduction in the PPQ Treatment Manual specify that the treatment must raise the core temperature of the handicrafts to 60 ºC for 60 minutes.

(See ITT's Online Archives 10020115 for summary of the 2010 final rule.)

But if Less than 6in in Diameter May Be Fumigated Instead

The PPQ Treatment Manual also provides that wooden handicrafts that are less than 6 inches in diameter may be treated with methyl bromide fumigation, instead of with heat treatment or heat treatment with moisture reduction.

APHIS states it is currently examining the efficacy of treatment options for Chinese wooden handicrafts other than methyl bromide fumigation. If APHIS determines that treatments exist that are equally efficacious and are available within China, it will amend the PPQ Treatment Manual.

All Shipping Packages of Handicrafts Must Have Tag Identifying Mnfr

All packages in which wooden handicrafts are shipped must be labeled with a merchandise tag containing the identity of the product manufacturer. The identification tag must be applied to each shipping package in China prior to exportation and remain attached to the shipping package until it reaches the location at which the wooden handicraft will be sold in the U.S.

China Handicrafts Need to Be Accompanied By Permit, Importer Doc/Certificate

Wooden handicrafts from China are not imported for propagation or human consumption and are not authorized importation under a general permit, and thus must be accompanied by a permit stating the intended treatment for the articles, as well as an importer document or certificate stating that the intended treatment has in fact been applied to the articles.

As provided for in 7 CFR 319.40-2, a permit must be issued in accordance with 7 CFR 319.40-4 prior to the importation of wooden handicrafts from China. Section 319.40-4 sets for the procedure for applying for a specific permit, and requires that each application include a description of any treatment to be performed prior to importation, including the location where the treatment will be performed, as well as the name and address of the importer of record. This section also requires an importer document or certificate to accompany all such regulated articles. This importer document or certificate must state the treatment performed on the article prior to the arrival at the port of first arrival.

Highlights of APHIS Responses to Comments

APHIS received a total of 13 comments on its 2009 proposed rule and 2010 supplemental to the proposed rule² submitted by manufacturers, the NPPO of China, a State department of agriculture, and others organizations and individuals. The following are highlights of APHIS' response to those comments:

Final Rule Doesn't Include Proposed Requirement for Phytosanitary Certificates

APHIS has determined that a provision of the proposed rule, which would have required wooden handicrafts from China to be accompanied by a phytosanitary certificate issued by the National Plant Protection Organization (NPPO) of China and containing an additional declaration stating that the handicrafts were treated in accordance with the regulations and found free from quarantine pests, is unnecessary. APHIS states the certificate would duplicate existing documentation under the regulations and is therefore not required by this final rule.

Handicrafts from Treated Lumber Will Not Have to Be Treated a Second Time

Commenters asked whether handicrafts made entirely from lumber that has been heat treated prior to processing, or handicrafts heat treated as part of their partial processing would have to be treated a second time. APHIS states that the handicrafts would not have to be treated a second time, provided that (i) the lumber or handicrafts have been treated in an approved facility according to an authorized treatment schedule and (ii) have been stored, handled, and safeguarded since treatment in a manner that excludes infestation of the lumber or handicrafts by plant pests.

APHIS Can Determine Not to Allow Imports if Inaccuracies on Documents Found

Regarding inaccuracies on a permit, importer document, or certificate, APHIS may determine not to accept any further certificates from China, or may not allow the importation of any further wooden handicrafts or regulated articles from China until corrective action acceptable to APHIS establishes that certificates issued in China are accurate. APHIS considers these general prohibitions to be a sufficient incentive for Chinese manufacturers to adhere to the provisions of this final rule.

ID Tags Must Be Applied to Shipping Packages, Not Individual Packages

APHIS states that the merchandise tag containing the identity of the product manufacturer must be applied to each shipping package containing wooden handicrafts, rather than to the packaging for any particular handicraft. For example, if a wooden train containing partially processed parts was sealed in a blister package in China, and a box containing several dozen of these trains were exported to the U.S. for sale at a toy store, the identification tag would have to be applied to the box that is shipped to the store, rather than to the individual blister packages.

¹APHIS states that the proposed rule would have regulated handicrafts 1 centimeter or less in diameter, which are currently authorized for importation into the U.S. Although exempt from the requirements for wooden handicrafts from China, handicrafts 1 centimeter or less in diameter are regulated articles, and thus subject to all other applicable provisions of the subpart. Proposed section 319.40-5(o) has been accordingly modified to provide this clarification.

²In September 2009, APHIS issued its proposed rule to amend its regulations to provide for the resumption of the importation of wooden handicrafts from China, provided they met certain requirements for treatment, inspection, and box identification, and were issued a phytosanitary certificate. APHIS issued a supplemental proposed rule in September 2010 to modify the heat treatment requirements of the proposed rule. (See ITT's Online Archives 09041015 and 10092714 for summaries of the 2009 proposed rule and its 2010 proposed supplement.)

APHIS Contact -- John Tyrone Jones (301) 851-2344

(Docket No. APHIS-2007-0117, FR Pub 03/01/12)

APHIS press release (03/01/12) on final rule available here.

PPQ Treatment Manual is available here.

*Subsequent APHIS correction to web address contained in footnote available here (FR Pub 03/19/12).