IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 15 Jun 2015 | Removal date: open ended
Still in force

Import-related non-tariff measure, nes

On June 15, 2015 the Office of Procurement and Property Management of the U.S. Department of Agriculture published two final rules in the Federal Register (Volume 80, Number 114) that clarify that programs intended to promote the use of bio-based products are intended to do so irrespective of national origin, such that imported bio-based products will receive the same treatment as those of domestic origin.
 
One of these rules concerns the Voluntary Labeling Program for Biobased Products and the other the Guidelines for Designating Biobased Products for Federal Procurement. Both rules took effect upon publication. Both clarifications result from the comment process, and in each case are based on substantially the same comment.
 
In discussing the final rule concerning the Voluntary Labeling Program for Biobased Products the agency observed that it had received one comment to its preliminary rules from a commenter that 'wanted 'it' to take into account that a finished wood product may be sourced domestically or globally' and that the rule should not ''inadvertently create a technical barrier to trade' and ... not exclude imported wood products that were harvested and exported legally in the U.S. and in their country of origin.' In its response the agency stated that it 'agrees with the commenters that the proposed innovative criteria should not be considered as an all-inclusive list,' 'recognizes that sustainability advances are occurring worldwide and does not intend that new and valid certifications be excluded from consideration by the BioPreferred Program.' It said that the final rule clarifies 'that evidence of an innovative approach will not be restricted to only those innovative criteria listed in the Guidelines and that consideration of other evidence will be on a case-by-case basis.' Substantially the same issues are covered in the other final rule.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

031 Wood in the rough
4401 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms.
440110 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms
4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared.
440320 Other, coniferous
440399 Other
311 Wood, sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm; railway or tramway sleepers (cross-ties) of wood, not impregnated
4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or endjointed, of a thickness exceeding 6 mm.
440710 Coniferous
440721 Mahogany (Swietenia spp.)
440722 Virola, Imbuia and Balsa
440725 Dark Red Meranti, Light Red Meranti and Meranti Bakau
440727 Sapelli
440729 Other
440791 Of oak (Quercus spp.)
440792 Of beech (Fagus spp.)
440793 Of maple (Acer spp.)
440794 Of cherry (Prunus spp.)
440799 Other
312 Wood continuously shaped; wood wool, flour and chips
4401 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms.
440122 Nonconiferous
4409 Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, Vjointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end
440910 Coniferous
440921 Of bamboo
440929 Other
313 Wood, rough or treated; railway sleepers; poles
4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared.
440310 Treated with paint, stains, creosote or other preservatives
4404 Hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable for the manufacture of walkingsticks, umbrellas, tool handles or the like; chipwo
440410 Coniferous
4406 Railway or tramway sleepers (crossties) of wood.
440690 Other
314 Boards & panels
4410 Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances.
441011 Particle board
441012 Oriented strand board (OSB)
441019 Other
441090 Other
4411 Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances.
441112 Of a thickness not exceeding 5 mm
441113 Of a thickness exceeding 5 mm but not exceeding 9 mm
441114 Of a thickness exceeding 9 mm
441192 Of a density exceeding 0.8 g/cm³
441193 Of a density exceeding 0.5 g/cm³ but not exceeding 0.8 g/cm³
441194 Of a density not exceeding 0.5 g/cm³
4412 Plywood, veneered panels and similar laminated wood.
441210 Of bamboo
441231 With at least one outer ply of tropical wood specified in Subheading Note 2 to this Chapter
441232 Other, with at least one outer ply of nonconiferous wood
441239 Other
441294 Blockboard, laminboard and battenboard
441299 Other
315 Veneer sheets; sheets for plywood; densified wood
4408 Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or endjointed, of a thickness not exceeding 6 m
440810 Coniferous
440839 Other
440890 Other
4413 Densified wood, in blocks, plates, strips or profile shapes.
441300 Densified wood, in blocks, plates, strips or profile shapes.
316 Builders' joinery & carpentry of wood
4418 Builders' joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes.
441810 Windows, Frenchwindows and their frames
441820 Doors and their frames and thresholds
441840 Shuttering for concrete constructional work
441850 Shingles and shakes
441860 Posts and beams
441872 Other, multilayer
441879 Other
441890 Other
317 Wooden packing cases; pallets & other load boards; barrels
4415 Packing cases, boxes, crates, drums and similar packings, of wood; cabledrums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood.
441510 Cases, boxes, crates, drums and similar packings; cabledrums
441520 Pallets, box pallets and other load boards; pallet collars
4416 Casks, barrels, vats, tubs and other coopers' products and parts thereof, of wood, including staves.
441600 Casks, barrels, vats, tubs and other coopers' products and parts thereof, of wood, including staves.
319 Other products of wood, cork or straw
4414 Wooden frames for paintings, photographs, mirrors or similar objects.
441400 Wooden frames for paintings, photographs, mirrors or similar objects.
4417 Tools, tool bodies, tool handles, broom or brush bodies and handles, of wood; boot or shoe lasts and trees, of wood.
441700 Tools, tool bodies, tool handles, broom or brush bodies and handles, of wood; boot or shoe lasts and trees, of wood.
4419 Tableware and kitchenware, of wood.
441900 Tableware and kitchenware, of wood.
4420 Wood marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and similar articles, of wood; statuettes and other ornaments, of wood; wooden articles of furniture not falling in Chapter 94.
442010 Statuettes and other ornaments, of wood
442090 Other
4421 Other articles of wood.
442110 Clothes hangers
442190 Other
345 Miscellaneous basic chemical products
4402 Wood charcoal (including shell or nut charcoal), whether or not agglomerated.
440210 Of bamboo
440290 Other
392 Non-metal wastes or scraps
4401 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms.
440131 Wood pellets
440139 Other

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