Emergency Action Notice for Wood Packaging Materials – Increased CBP Enforcement!

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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 dhsu@givensjohnston.com. Time is of the essence for these WPM cases and call us for immediate options.

 

Got bugs? CBP vigorously checking ports and looking at wood packaging materials – did you receive an EAN?

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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 dhsu@givensjohnston.com.

Any Customs case involve pests or WPM are time sensitive and you have to act fast – do not hesitate to contact our office.