CBP intercepts insects hiding in pumpkin shipment.

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Image of the longhorn beetle larvae, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers and agriculture specialists at the Port of Wilmington, Delaware inspected a shipment of pumpkins from Costa Rica.

During inspection, CBP agriculture specialists found the flower longhorn beetle larvae in wood packaging material. The larvae were sent to the to the U.S. Department of Agriculture entomologist and was identified as belonging in the subfamily Lepturinae, or flower longhorn beetles.

According to CBP: “The adult beetles are considered pollinators, but while in their larvae stage they bore beneath a tree’s bark, potentially damage healthy trees.

The importer chose to re-export the pumpkins and wood packaging material instead of destroying the shipment.”

If you have had a shipment seized by CBP due to wood packaging materials (WPM) containing suspected invasive species of pests such as the wood boring wasp or this longhorn beetle – contact experienced wood packaging materials attorney David Hsu by text/phone at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP reports first encounter with Rosy Gypsy Moth from transport ship in Baltimore.

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Photo by Sascha Hormel on Pexels.com

CBP issued a press release yesterday reporting the first encounter of the Rosy Asian Gypsy Moth (AGM) (species: Lymantri mathura). CBP with the U.S. Department of Agriculture discovered the moth aboard a ship in Baltimore and suspect the destructive pest may have been due to a June part call in Japan (a high risk AGM area).

The USDA says the AGM is a threat to forests and urban landscapes as the moth can travel up to 25 miles per day and lay egg masses which yield hundreds of hungry caterpillars. The hungry hungry caterpillars are said to be voracious eaters that attack more than 500 species of trees and plants.

If CBP Agriculture Specialists have detained your vessel at a port and there are issues of whether to turn the ship around or fumigate – call experienced attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

German metal producer claims CBP violated due process.

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Photo by Albin Berlin on Pexels.com

This past Sunday, German metal manufacturer (Andritz Sundwig GMHB) claims the U.S. Department of Homeland Security (DHS) of violating its due process rights when U.S. Customs and Border Protection (CBP) ordered the export of the company’s bug-infested cargo instead of allowing the shipment to be fumigated.

In an emergency complaint filed with the U.S. Court of International Trade, Andritz’s legal counsel (Scott Johnston and James Hurst of Givens & Johnston PLLC and Stacey L.Barnes of Kearney, McWilliams & Davis PLLC) claims CBP’s decision to require the cargo to be exported does not allow Andritz any administrative remedies or opportunities to appeal.

The filing with the CIT claims CBP denied Andritz’s request to fumigate its cargo after horntailed wasps were found in the wood packaging materials (WPM).

Upon notice of a pest infestation, Andrtiz hired fumigators and requested last Friday for CBP authorization to fumigate and separate the infested WPM. Unfortunately, CBP denied those requests and requested exportation of the cargo on Sunday.  In response, Andritz filed a temporary restraining order in addition to a request for declaratory relief along with a temporary protective order on Monday.

More updates will be posted as available.

If you have received an “Emergency Action Notification” from Customs regarding wood packaging materials and or pest infestation, contact attorney David Hsu for immediate assistance at 832-896-6288. Time is of the essence when an EAN is received, call or email attorney.dave@yahoo.com as soon as possible.