STC Number - 153
  Generate document   Go back   New search

Restrictions on imports of Chinese potted plants in growing medium

Maintained by: United States of America
Raised by: China
Supported by: European Union
First date raised: November 2002 G/SPS/R/28 paras. 43-45
Dates subsequently raised: March 2004 (G/SPS/R/33 paras. 21-22)
April 2008 (G/SPS/R/49 paras 55-56)
Number of times subsequently raised: 2
Relevant documents: G/SPS/N/USA/431 G/SPS/N/USA/431/Add.1
Products covered: 06 Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage; 0602 Other live plants (including their roots), cuttings and slips; mushroom spawn.
Primary subject keyword: Plant Health
Keywords: Plant health; Risk assessment
Status: Not reported
Solution:
Date reported as resolved:

Extracts from SPS Committee meeting summary reports

In November 2002, the representative of China argued that because the United States had failed to remove its SPS measures prohibiting the importation of Chinese penjing in growing medium almost six years after the risk analysis had been finished and the protocol had been signed, exports from China had been seriously affected. The United States had relied on the excuse of domestic legal procedures and the need to coordinate work between the relevant government agencies to delay solving the problem. He requested the United States to notify its work procedures concerning the removal of measures prohibiting imports of plants and plant products in compliance with the transparency provisions of the SPS Agreement. China failed to understand why the United States had proposed to solve only the problem of the importation of one of the types of penjing plants in growing medium, instead of considering the five types for which the risk analysis had been completed. China appreciated the efforts undertaken by the United States, and hoped that a favourable solution to the problem could be reported at the next Committee meeting.

The representative of the European Communities supported the concerns raised by China and noted that they had run into the same difficulties with other varieties of potted plants. The European Communities urged the United States to find a rapid solution to the problem.

The representative of the United States noted that the issue of penjing in growing medium had been the subject of extensive discussions with China. The United States had been working actively to evaluate China's proposed importation, but the importation of plants in growing medium was more complicated from a risk mitigation perspective than importation of bare root plants. While examination of bare root plants could detect certain pests or disease problems, inspection of potted plants necessarily involved the removal of the plant from the pot and the growing medium, and could damage the plant and reduce its commercial value. Although the assessment of the risk to plant health posed by the importation of the five species of penjing was essentially concluded, other risks needed to be evaluated before determination if the importation presented an acceptable risk. US regulatory requirements for imported plants and growing medium reflected the need to prevent the introduction of pests and disease that could seriously undermine or compromise native ecosystems, as well as cultivated plants, and this work was ongoing. The 1997 protocol between the United States and China reflected agreement on the technical issues relating to production, inspection, and quarantine requirements for Chinese penjing that were necessary but not sufficient conditions for imports to occur. The protocol could not take effect until the risk assessments had been completed, and the necessary regulatory and notification processes had run their course. The United States acknowledged the importance that China attached to this issue, and indicated their commitment to reaching a mutually satisfactory resolution as soon as possible.

In March 2004, the representative of China stated that the US rule on the importation of artificially dwarfed plants in growing media from China was unnecessary and not viable given China's production system. China had proposed measures more suited to their industry conditions but the United States had not accepted them.

The representative of the United States recalled that China raised the issue of penjing in growing media in the Committee in October 2002. The issue had been the subject of bilateral discussions and he was pleased to report that the risk analysis for five varieties of penjing was completed. On 16 January 2004, a final rule authorizing the importation of five varieties of Chinese origin penjing plants in approved growing media had been published and notified as G/SPS/N/USA/431/Add1. This rule built upon an existing regulation that was first published in August 2002 and notified as G/SPS/N/USA/431. The 2002 rule remains applicable and requires high risk artificially dwarfed plants, including penjing, to be produced in phytosanitary secure conditions for two years prior to export. However, plants less than two years in age are not subject to the two year quarantine requirement due to a lower risk profile. This new regulation provided China with additional market opportunities and the United States would continue bilateral discussions with China.

In April 2008, the representative of China noted that this was a long standing concern, with almost six years of pest risk assessments and technical. discussions. A bilateral protocol had been signed, but could not take effect before the US domestic administrative and legal procedures were finalized. However, when the United States had published the final rule, this established more stringent requirements than those in the signed protocol, and made exports impossible. China requested an explanation of the differences between the Final Rule and the protocol, and how the principle of taking the least trade restrictive measure possible had been taken into account.

The representative of the United States confirmed that although the import requirements for penjing had been the subject of extensive bilateral discussions in the past, this issue had not been raised by China at bilateral plant health talks in February 2008. The United States required dwarf plants to be produced under phytosanitary secure conditions for 2 years prior to import. Plants less than 2 years old were not subject to this requirement as they posed a lower risk. In 2003, the United States had provide a proposed work plan to China that would ensure production conditions met US requirements. Since that time, however, China had not engaged with US plant health officials on the work plan, which was necessary in order for trade to take place. The United States looked forward to working on the resolution of this issue with China.