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Brazil Import Regs.: Wood Packing materials

Come here to discuss the Brazil's standards of various industry, products registration and import regulations as well as tariff information.

Brazil Import Regs.: Wood Packing materials

Postby bridgat » Mon Nov 17, 2008 3:43 pm

Brazil implemented on September 1, 2005 ISPM 15. However, there was no formal publication of this regulation in the "Gaceta Oficial". As of April 28, 2006, we understand that the Brasilia port of entry (air shipments) will not accept heat treated wood packing materials, but will accept fumigation treated packing material.

Instruction Normativa SDA #19 of July 7, 2005 indicates that September 1, 2005 is the implemation date of NIMF #15 (ISPM#15) by the GOB. All wood packing materials must treated and marked as precribed by the NIMF #15 standards.

Historical Background

The Brazilian Government does not currently apply fumigation certification requirements on US exporters using wood packing material for their shipments; however, the US Embassy was notified by the Ministry of Agriculture (through an Official Notification of Non-Compliance and Emergency Action) on September 19, 2001, that solid wood packing material (SWPM) used in four shipments (at least one shipment from the US) was infested by beetles of the monochamus spp variety ( a pine sawyer). In the near future, it is possible some form of restriction or fumigation requirement could be levied on US shipments using SWPM. Immediately, US shippers should ensure that wood packing material (SWPM) be thoroughly inspected prior to shipment to Brazil. As of August 11, 2004, the GOB has not applied any restrictions or requirements on US originated shipments using SWPM.

On April 12, Brazilian authorities issued Interministerial Portaria #146 modifying Portaria 499, by excluding US origin shipments (using wooden pallets, etc.) from the fumigation certificate requirement. The new Portaria was published April 14 in the "Diario Oficial" of Brazil, which excludes the shipment from the U.S.; however, wooden packing materials are still subject to border pest control investigation and any sign of beetle infestation will result in re-introduction of a certificate of fumigation for either fumigated or heat treated wooden shipping materials, which will be approved and authorized by the National Organization for Phyto-sanitary Protection (such organization will exchange information on control efforts with the Brazilian Ministry of Agriculture). To repeat, it is possible that the requirement could be re-introduced at any time if a shipment is found infected by the "chinese horned beetle". Currently, the states of New York and Illinois are subject to pest control efforts due to the "beetle" problem; however, the discovery in other states would be grounds for re-imposition of a certificate requirement by Brazil.

The following information no longer applicable, but will be retained on this site for background.

According to Portaria 499, issued by the Ministry of Agriculture, Brazil "requires" non-wood packing materials or solid wood packing materials that have been treated or previously fumigated. On March 15, the Ministry of Agriculture issued a new instruction to all inspectors at ports of entry not to accept pallets fumigated with methyl bromide. The preferable treatment is heat, not earlier then 15 days prior to shipment.

All packaging material should be free of insects and damages. If the risk is considered relatively small, the importer can sign an agreement, saying that he will burn the pallets and other wooden materials at the point of destination, at his own cost (this is based on Article 5, paragraph 1 of the Medida Provisória);

If there is any sign of insects or damage on the pallets, the alternatives are:
1. Burn the pallets and packaging at port of entry;
2. Replace the wooden material at the port or
3. Return the shipment to the point of origin.

Only if there is no sign of damage as determined by the inspector can the material be allowed to continue to the destination where it must be destroyed.

It is recommended to work through a Brazilian customs broker for entry. Please see the "Private Sector Contacts" document for a list of customs brokers.

Recent discussions (as of February 3, 2000) with the Brazilian Ministry of Agriculture (MoA) held by APHIS suggest the Government of Brazil will remove the U.S. from the list of countries requiring fumigation certificates. There has been no confirmation yet.

Original Information

On November 5, 1999 the Brazilian Government (GOB) issued a new measure (Portaria Interministerial - 499) with requirements for wood packing material for imports to Brazil. GOB now requires Fumigation Certificates for all wood packing material that enters Brazil from the U.S. and four Asian countries (China, Japan, North and South Korea). The measure has been in place since January 5, 2000.

Below is an informal translation of a selected section of the decree.
DECREE # 499 DATED OF NOV. 03, 99
(PORTARIA INTERMINISTERIAL # 499, NOVEMBER 03, 1999)

The Agriculture Ministry (...) considering that is a duty of the State to secure the safety for all sectors of the economy, decides to:

(...)

Art. #4: declare as preferential to enter the country packaging that does NOT use wood, as well as those that, although made of wood, are duly treated, in accordance with this decree, in order to avoid that they become host of insects, or even the not treated ones made of processed wood (veneers, laminated, i.e. material whose production be executed using wood, glue/ adhesive, heating and pressure);

Art. #5: All not-treated wooden packaging and holders, used for the transport of any class of goods which enter the country, must be free of peels, of insects and damages caused by those, and in the event they do not abey by these requirements will have to be submitted to what is forseen in the §1 of this article:

§1. Those wooden packagings which are original or have transitted China (including Hong Kong), Japan, South Korea, North Korea and United States of America, must be incinerated preferably at the point of embarcation and, if this is not possible, the material will have to be transported to their destination within their own closed containers or trucks, so the importer can carry-out this incineration responsibility and be responsible for any follow-up action and any related costs;

§2. The incineration can be inspected at the discretion of representatives of the Ministries of Economy or Agriculture, and if the obligation is not fmet, then the responsible party will be subject to penalties according to legislation in force;

Art. #6: The holding or packaging wood for the transportation of goods, which has been treated, must be transported by means which secure the impossibility of occurring any infestation along the route, and be provided with an official Phytosanitary Certificate of the National Phytossanitary Protection Organization in the country of origin, which testifies its treatment by heating, fumigation, or other form of preservation previously agreed with its congener in Brazil, stating the product, dosage, time of exposition and temperature used for the fumigation, having this certificate to be gauged at the port of entrance, by inspectors of the Ministry of Agriculture.

§1. The fumigation treatment must have been realized within a period not superior to 15 (fifteen) days before the shipment of the goods in the country of origin.

§2. In absence of an Official Certificate, the packaging has to be submitted to the forseen at the Art. #5, §1, of this decree, or be fumigated prior to the customs clearance by specialized company, duly registered at the Ministry of Agriculture and supervised by agro-cattle inspectors, at importer’s expenses, with the utilization of Methyl Bromide (80 g/m3 during 24 hours at min. temperature of 21.C) or other fumigation agent legally authorized for this purpose, but not hazardous to metals, or still alternative treatments provenly efficient as the wood dried in high temperatures stoves, so that this reduces its moisture index, at most, 20 %.

Art. #7: Other countries can be included to the Art. #5 §1, this decree, or new determinations regarding this subject, by conjoint act of the Dept. of State Revenue, of the Ministry of Economy, and of the Agro-cattle Defense Dept. of the Ministry of Agriculture.

Art. #8: Remains deprived of effect the Decree SDA #76, of June.16, 1993;

Art. #9: This decree takes effect 60 days after the date of its publication and after public hearings in this period.
bridgat
 
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