U.S. Customs and Border Protection (CBP) officers along with U.S. Department of Agriculture (USDA) officers in Houston are strictly enforcing the USDA’s prohibition of non compliant wood packaging material (WPM).
Non compliant materials are typically ordered for immediate exportation along with any associated cargo in the same bill of lading. CBP and USDA officers typically find WPM non compliant if evidence of prohibited live insects is found during inspection. If any invasive species such as a wood boring wasp or other insects and larvae are found during inspection, CBP/USDA will issue an Emergency Action Notice ordering the cargo to typically be exported in 7 days for repackaging and/or fumigation.
A finding of noncompliance will have a detrimental impact on shippers, importers, consignees and the resulting delay in reexportation can cause major problems for time sensitive project cargo.
If you or someone you know has had a WPM issue with the presence of larvae or living insects or if you have received an emergency action notice – contact experienced trade attorney David Hsu at 832-896-6288 or by email at: firstname.lastname@example.org
In late April, U.S. Customs and Border Protection (CBP) agriculture specialists stopped the importation of viable eggs of the Asian Gypsy Moth found aboard a vessel
Once the vessel arrived at the port, CBP agriculture specialists found egg masses which they suspect were to be the Asian Gypsy moth.
The Asian gypsy moth is harmful to US vegetation because it feed on trees and plants. The danger is further highlighted by the fact a female gypsy moth can lay hundreds of eggs that develop into caterpillars.
If you have had a vessel detained by CBP and received a notice from CBP regarding pests – contact experienced customs attorney, David Hsu at 832-896-6288 or by email at email@example.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 firstname.lastname@example.org.
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 email@example.com. 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 firstname.lastname@example.org.
Any Customs case involve pests or WPM are time sensitive and you have to act fast – do not hesitate to contact our office.