Category Archives: pest

First-in-Nation “Leafhopper” Pest found.

August 28, 2022 By in Export, invasive species, pest, USDA Tags: , , , , Leave a comment

a minute insect commonly known as a leafhopper
Leafhopper, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, agriculture specialists at the Calexico East port intercepted a “leafhopper” in late August. This small insect’s discovery is a “First-in-Nation” pest discovered in a shipment of celery and fresh peppers. While known as the “leafhopper”, the pest is actually identified as the Kunzeana versicolora (Cicadellidae). These insects are plant feeders that suck plant sap from grass, trees and shrubs.  The feeding by the Leafhoppers causes plants to develop pale specks and the leafhoppers also transmit plant pathogens that may result in plant disease.

As is usual with a first-in-nation pest, the truck and shipment of food was returned (re-exported) to Mexico as a precautionary measure.

If you or anyone you know has had their shipment delayed, seized, or received a notice to export due to an invasive pest, contact David Hsu immediately by phone or text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Small insect equals big Customs problem.

May 23, 2021 By in CBPAS, pest, wood packaging material Tags: , , , , , , Leave a comment
wooden pallets
Photo by Brent Keane on Pexels.com

U.S. Customs and Border Protection (CBP) Agriculture Specialists in California intercepted a shipment of antique terracotta roof tiles from France due to an infestation of wood boring pests. Specifically, CBP found the longhorn beetle known scientifically as the Arhopalus sp. (Cerambycidae). The larvae of the longhorn beetle are known as roundheaded borers and bore into wood, causing extensive damage to the tree and to other untreated wood.

In this seizure, Agriculture Specialists were able to locate the beetles due to fresh “frass”, a powdery sawdust that falls to the ground from the boring activity of the larvae and beetles.

As you are aware, if Customs finds invasive species or other pests, CBP will issue an Emergency Action Notice (EAN) and re-export the goods for fumigation or heat treatment. Afterwards, CBP will issue a civil penalty to the importer.

If you have received an Emergency Action Notice, there may be some alternatives instead of re-exportation. Contact David Hsu by phone/text or email at attorney.dave@yahoo.com, 832-896-6288 to discuss your options.

CBP intercepts termites from entering the US.

June 6, 2020 By in fumigation, invasive species, pest, pests, USDA Tags: , , , , , , , , Leave a comment
Image of lumber from Cameroon, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers intercepted a shipment of lumber from Cameroon containing termites. The pests were found around the stacks of lumber for entry into the US. When CBP finds invasive pests or larvae of potentially invasive species, a sample is collected and submitted to the U.S. Department of Agriculture (USDA) for further analysis and confirmation.

The container with the lumber was sealed and secured while USDA evaluates the sample pest, ultimately determining the termites as Kalotermitidae species, or commonly known as the dry worm termites. These termites are known to damage timber used as a structure and hardwood floors in the home.

If you have your shipment seized by Customs due to the presence of an invasive species -whether the wood-boring wasp or a dry worm termite – contact David Hsu immediately to discuss your options. Depending on the type of pest, there may be some cost effective options instead of re-exporting back to the origination. Call/text anytime to 832-896-6288 or email David at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Image of termite, source: CBP.gov

CBP officers find and destroy gypsy moth eggs on coal ship.

April 1, 2020 By in AGM, Asian gypsy moth, EAN, Emergency Action Notice, pest, pests, Uncategorized, WPM Tags: , , , , , , , , , , , Leave a comment
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Image of Asian Gypsy Moth Egg Mass, source: CBP.gov

According to a CBP media release, Customs and Border Protection agriculture specialists discovered an egg mass of the highly destructive Asian Gypsy Moth (AGM) species on a coal freighter at the Port of Baltimore. The freighter, the M/V Mondial Sun arrived from the United Kingdom to take on coal, and previously called on ports in China and Japan during the summer of 2019. Ports in Asia are high-risk ports for AGM. After leaving Baltimore, the vessel was on the way to Japan.

With this harmful pest situation, CBP agriculture specialists removed the egg mass and treated the affected area with a pest spray.

According to Customs, the Asian Gypsy Moth (AGM) is one of the most destructive insect pests in the world. AGM are extremely mobile and can lay egg masses yielding hundreds of hungry caterpillars that in turn become other mobile AGM.

In this instance, CBP removed and treated the area where the harmful pests were found. Typically, CBP will discover larvae or the pests themselves inside wood packaging material on cargo ships – if you receive an emergency action notice regarding pests in your shipment – time is of the essence. Contact experienced harmful pest attorney David Hsu immediately by phone/text to 832-896-6288 or by email at attorney.dave@yahoo.com.

Invasive Gypsy Moth Eggs stopped by CBP.

January 10, 2020 By in AGM, Asian gypsy moth, invasive species, pest, pests, Uncategorized, wood packaging material, WPM Tags: , , , , , , , , , , , Leave a comment

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Image of the seized gypsy moth eggs, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP agriculture specialists found Japanese gypsy moth eggs on ocean freighters.

The eggs were found aboard the “Royal Hope” freighter and were removed by the ship’s crew and CBP agriculture specialists. The affected areas with the eggs were also sprayed by CBP with a pest spray oil.

These Japanese gypsy moth eggs are part of the overall Asian Gypsy Moth that damages trees and plants due to their big appetites. Additionally, the gypsy moth females are very mobile and travel up to 25 miles per day and can also lay egg masses that produce hundreds of hungry caterpillars.

Fortunately, there are no known infestations of the asian gypsy moth.

In the media release, CBP said the “Royal Hope” freighter from Ghent, Belgium was to pick up coal for export and prior to leaving Belgium, the royal Hope made a port call in Japan where they removed adult moths and egg masses prior to issuing a certificate clearing the vessel to depart.

If you or someone you know has received a notice from customs for suspected pests such as the asian gympsy moth (or any other invasive pest), contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP prohibits invasive pests from importation to the US.

December 11, 2019 By in Customs Lawyer, Immigration and Customs Enforcement, pest, pests, U.S. Customs and Border Protection, Uncategorized, wood packaging material, wood wasps, wooden packaging materials, WPM Tags: , , , , , , Leave a comment

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Image of invasive pests, source: CBP.gov

As we enter the holiday season, Agriculture Specialists with U.S. Customs and Border Protection (CBP) were busy conducting searches of trucks containing Christmas tree and greenery shipments. Over 200 trucks and 170,000 plant units were inspected, resulting in the interception of more than 350 invasive pests. Two of the invasive pests can be seen in the photo above.

Mid-November to early-December are the busiest times for the importation of trees and greenery used around the holidays. Without the help of CBP Agriculture Specialists, some of those pests may have arrived to certain parts of the US where they do not have any natural predators, resulting in millions of dollars in damage and the loss of large numbers of trees.

Typically if your imported items contain invasive pests, the items will be destroyed and not allowed into the stream of commerce. Our clients frequently encounter invasive pests (such as the wood-boring wasp) and their larve in wood packaging materials (WPM) used in the shipment of breakbulk and other containerized shipping to the US.

If you or anyone you know has had an invasive pest issue with WPM or your shipment is being denied entry into the US due to invasive pests, contact experienced WPM attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP intercepts invasive “almond bug” from Italy.

October 31, 2019 By in Attorney, Import Export Attorney, invasive species, pest, pests, Uncategorized, wood packaging material, wooden packaging materials, WPM Tags: , , , , Leave a comment

Newark - Mature Tingidae

Image of the “almond bug”, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) press release, Agriculture Specialist canine alerted CBP officers to a passenger’s bag arriving from from Italy. The Agriculture Specialists inspected the item and found prohibited plant items such as pomegranates. Examination of the pomegranates led to the discovery of an insect that was then sent to the U. S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) for identification. The insect was identified as the Monosteira unicostata, or “Almond bug.”

This species of pest poses a serious risk to the $5.3 billion California almond industry. These bugs are typically found in almond trees in the Mediterranean region.

If you have had your shipment seized due to invasive species or had a shipment seized due to invasive pests located in or among wooden packaging materials – contact experienced trade attorney David Hsu to explore options – call/text 832-896-6288 or email attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP Agriculture Specialists in Texas find first discovery of pest in the US.

October 6, 2019 By in Attorney, Import Export Attorney, invasive species, pest, pests, Uncategorized Tags: , , , , , Leave a comment

Dysschema mariamne_dorsal, courtesy CBP Hidalgo

Dysschema mariamne Warren (Erebidae), source: CBP

According to a U.S. Customs and Border Protection (CBP) media release, agriculture specialists at the Pharr, Texas Port of Entry discovered a rare pest, a first in nation discovery, in a shipment of prickly pear pads.

Specifically, CBP agents found the Dysschema mariamne Warren (Erebidae), a first in nation pest.

The Erebidae was discovered upon an inspection of shipment of pear pads from Mexico. After it was discovered, the U.S. Department of Agriculture entomology laboratory was consulted and the initial identification was later confirmed by a national specialist as Dysschema mariamne Warren (Erebidae). According to USDA entomologists, this pest has never been found at any of the nation’s ports of entry. CBP refused entry to the shipment and returned it back to Mexico.

If you have had a shipment detained by Customs for containing invasive species, or have had a shipment detained due to pests found in wood packaging materials – contact experienced customs seizure and detention attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP finds rare first-in-nation pest in importation of corn.

September 6, 2019 By in pest, pests, Uncategorized, USDA, wood packaging material, wood wasps Tags: , , , Leave a comment

cratosomus2

A specimen of Cratosomus punctulatus
Gyllenhal, source: cbp.gov

U.S. Customs and Border Protection officers in Brownsville, Texas intercepted a rare “First in Nation” pest in a shipment of corn.  The interception of the pest occurred at the Los Indios International Bridge import lot in a shipment of fresh corn from Mexico.
When the corn was inspected, CBP officers found the pest and submitted it to a U.S. Department of Agriculture entomologist. The initial identification was later confirmed by a national specialist as Cratosomus punctulatus Gyllenhal (Curculionidae) a pest not known to occur in the United States and intercepted for the first time in the nation.
This is a type of snout weevil that are plant feeders and many weeevils are pests of agricultural crops and forests.
If you have had your shipment seized due to pests or other invasive species, there may be some alternatives besides the ones given to you by Customs – contact experienced wood packing material and pest seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com or dh@gjatradelaw.com.

German metal producer claims CBP violated due process.

June 20, 2018 By in Andritz, fumigation, pest, U.S. Customs and Border Protection, Uncategorized, USDA, wooden packaging materials, WPM Leave a comment

black sail ship on body of water

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.