According to a CBP media release on Monday, July 8th, CBP agriculture specialists at Dallas/Fort Worth International Airport (DFW) discovered a live insect in a shipment of fresh cut peony flowers from Italy. The live inspects were submitted to the U.S. Department of Agriculture (USDA) and was identified as a Polydrusus. The Polydrusus is a pest that damages the host plant, mostly fruit trees, by causing heavy destruction to the leaves and buds.
CBP seized the entire shipment and subsequently destroyed the shipment by steam sterilization.
If you have had an seizure for pests, or wood-boring wasps and want to discuss your options on what to do after a shipment has been seized for pests, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at firstname.lastname@example.org, email@example.com.
Must be a slow day for the CBP media team as CBP has released a third piece on pest-free flowers for Valentine’s Day. This release features the agriculture specialists at Boston Logan airport (BOS) which is also in the Top 10 nationwide for flower imports into the United States.
This media release highlights the agriculture specialists working hard to ensure the importer flowers do not have pests or diseases that can cause damage to US agriculture.
Last year during Valentine’s Day, CBP agriculture specialists discovered 2,992 pests after processing about 1.4 billion cut flower stems. 2018 saw an increase of 33% in inspection of cut flower stems compared to 2017’s 1.09 billion.
If CBP finds pests or diseases, they will typically treat and release, re-export or destroy the flowers. Most invasive pests include the species of Margarodidae, Arion and Miridae, commonly known as mealy bugs, slugs, and plant or leaf bugs, respectively. Most of the flower shipments to the US are from South America, primarily Colombia and Ecuador.
If you have had a seizure detained or seized by Customs, or Customs has found invasive pests in your wood packaging material, contact experienced bug attorney David Hsu at firstname.lastname@example.org or by phone/text: 832.896.6288.
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 email@example.com.
Since late 2017, U.S. Customs and Border Protection has increased their enforcement of regulations surrounding the use of Wood Packaging Materials (WPM) in shipments entering the US.
In a September 25, 2017 message, CBP began imposing penalties for a 1st violation of the WPM regulations (7 C.F.R. 319.40 – 3). This news is significant as penalties under 19 U.S.C. 1595a or 1592 can be enormous. In addition to these penalties, monetary loss also results from from having to export entire shiploads of cargo, even when just a small portion of it is in violation. Frequent violations in the WPM regulations are regarding improper markings or pests. CBP will always inspect shipments containing WPM for a proper mark and the presence of any invasive pests.
There is a lot of plant construction underway along the Gulf coast. Shiploads of wood packaged steel structures have been halted by Customs at the port and directed to immediately export.
The first indication of a problem is if you receive an “Emergency Action Notice” (EAN) from Customs. The EAN will typically require the immediate exportation of the cargo at great expensive to the importer, the manufacturer and at a great hassle to all parties involved (broker, shipper, forwarder, manufacturer, vendor, seller, buyer, etc!).
If you have received an Emergency Action Notice, contact experienced trade and WPM attorney David Hsu by phone or text at 832-896-6288 or by email at firstname.lastname@example.org. Time is of the essence for these WPM cases and call us for immediate options.
If you are importing anything into the Port of Houston (or any sea port) please be advised CBP is increasing scrutiny of cargo and solid wood packing materials for pests.
Last November, Customs changed the penalty provisions for violations of shipments that do not comply with wood packaging material regulations. Wood packaging materials (WPM) are required to meet the “Guidelines for Regulating Wood Packaging Material in International Trade”. The PDF of the regulations can be found here (last accessed July 13, 2018).
What is Wood Packaging Materials (WPM)?
-Hardwood or softwood packaging
-Created using glue, heat, pressure, or a combination of all three
-Used to support, protect or carry an item
-Examples include pallets, skids, containers and crates.
In other words, the definition is very broad – call our office if you want to verify your materials are considered “wood” packaging materials.
WPM violations include:
(1) markings not approved by the International Plant Protection Convention (IPPC);
(2) WPM not stamped in accordance with the ISPM 15 standard;
(3) WPM that is infested.
If there are any WPM violations, Customs will send you an Emergency Action Notification (EAN) and in most cases Customs will ask you to export the violating items.
If you receive an EAN for any WPM violations, contact customs attorney David Hsu at 832-896-6288 or by email at email@example.com.
Any Customs case involve pests or WPM are time sensitive and you have to act fast – do not hesitate to contact our office.