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Wood packaging materials (WPM) and the presence of invasive species puts your supply chain at great risk. As you are aware, CBP has strict regulations regarding the use of WPM in shipping goods from overseas. The regulations are in place to stop the spread of non-US invasive species that may wreak having on the US domestic ecosystem if the species are introduced into the US.
CBP previously has a published tolerance of five WPM violations prior to issuance of a penalty. However, after November 1, 2017, responsible parties with WPM violations may be issued a penalty after only one violation!
Why stop invasive species?
As the name implies, exotic invasive species are frequently brought into the US through use of wood packing materials. Most frequently found are “wood boring” insects that are able to make holes in the wood to lay larve. The species threaten agriculture, forestry and other ecosystems where there may exist no natural predators.
How does Customs regulate WPM?
Wood packaging materials imported into the US are required to be treated before importation. The WPM must display a visible mark certifying treatment on at least 2 sides – the mark must also be approved by the International Plant Protection Convention (IPPC) in its International Standards of Phytosanitary Measures (ISPM 15) Regulation of wood packaging material in international trade.
Non-exempt wood packaging material (WPM) imported into the United States must have been treated at approved facilities at places of origin to kill harmful timber pests that may be present. The WPM must display a visible, legible, and permanent mark certifying treatment, preferably on at least 2 sides of the article. The mark must be approved under the International Plant Protection Convention (IPPC) in its International Standards of Phytosanitary Measures (ISPM 15) Regulation of wood packaging material in international trade.
What if there is a WPM violation?
In the event of a WPM, CBP will issue a “Emergency Action Notification” (EAN) to the responsible party (party whose bond was obligated). The EAN will give the responsible party certain time to comply. Typically the solution may be to re-export the goods for fumigation and then re-import. Re-exporting the goods disrupts your supply chain and
What are the other penalties?
If a party fails to comply with the terms of EAN, CBP may issue a liquidated damages penalty.
Do you have any questions about WPM violations or have you been issued an Emergency Action Notification for WPM violations?
Call experienced trade attorney David Hsu at 832.896.6288 or by email at: attorney.dave@yahoo.com