CITES to Consider New 'de Minimis' Exemption for Restrictions on Rosewood Trade

The Convention on International Trade in Endangered Species will consider changes to restrictions on trade in rosewood, ipe and padouk at its next Conference of the Parties at the end of May, according to a list of proposals set for consideration at the meeting. One amendment proposed by Canada and the European Union would replace the current exemption for non-commercial shipments of rosewood with a specific exemption for musical instruments and a de minimis level for rosewood in finished goods, whether or not commercial in nature.

Specifically, Annotation 15 to CITES Appendix II, which was added at the last CITES conference in 2016 to provide for exceptions from restrictions on rosewood trade also put in place at that time, currently exempts non-commercial exports of rosewood with a maximum total weight of 10 kg. per shipment. The proposed amendment would replace that exemption with a more specific exception for “finished musical instruments, finished musical instrument parts and finished musical instrument accessories,” which the exemption as currently worded is intended to cover (see 1612300021).

The proposal also would add a new “de minimis” exemption to Annotation 15 for products containing certain types of rosewood. Specifically, products would not be covered by Appendix II restrictions if they are “finished products to a maximum weight of wood of the listed species of 500g per item.” Not all types of rosewood are covered by Annotation 15, so the exemption would not cover, for example, Dalbergia nigra (Brazilian rosewood), which is listed in the more restrictive Appendix I.

CITES will also consider proposals to add Pterocarpus tinctorius (African padouk), as well as Handroanthus spp. (ipe), Tabebuia spp. (including trumpet trees) and Roseodendron spp. (including primavera) to Appendix II. Other proposals on wood and wood products include the proposed removal of Dalbergia sissoo (North Indian rosewood) from Appendix II, and the addition of plywood and transformed wood (i.e., wood covered by tariff schedule heading 4409) to Appendix II restrictions on Pericopsis elata (Afromosia aka African teak). A U.S. Fish and Wildlife Service spokeswoman was unavailable for comment due to the partial federal government shutdown.

Species listed in CITES Appendix II require export permits or certificates. Import permits are also required in addition to export permits for species listed in Appendix I.

The International Wood Products Association applauded the proposed changes to restrictions on rosewood. "IWPA is working with our members, other industry stakeholders, and producers in anticipation of the upcoming CITES Conference of the Parties in Sri Lanka. The flawed Rosewood listing approved at the last CoP, which was overbroad and went into effect in a mere 90 days, resulted in millions of dollars additional compliance costs as well as vastly increased workloads for national CITES permitting authorities," IWPA President Cindy Squires said.

"IWPA has been pleased to participate in the CITES Intersessional Working Group on Annotations to address the shortcomings of the Rosewood listing and commend Canada and the EU for submitting the recommendations of that Working Group," Squires said. "Any future timber listing must be informed by that experience and be workable for affected industry and national CITES authorities alike.”