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.

 

CBP encounters first-in-US wood-boring wasp species.

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This past Thursday, agriculture specialists at U.S. Customs and Border Protection (CBP) in Baltimore found a first-in-the-US species of wood-boring wasps – the Urocerus augur Klug (Siricidae).

These wood-boring wasps are known to bore holes in trees and lay their eggs. From your author’s experience on wood-boring wasps, the wasps usually bore holes in dead or dying trees. However, when these wood-boring wasps are in the US, they tend to bore holes in living trees and then laying eggs, which eventually causes the tree to die.

In Baltimore, CBP/agriculture specialists were inspecting a shipment of aluminum coils from Greece and discovered the wasps and boring holes in the wood packaging material (WPM). A sample was sent to USDA entomologists for identification.

In general, WPM with invasive pests are required to be re-exported. If you or someone you know has had an issue with WPM certification or re-exportation of goods due to pests, contact David Hsu at 832.896.6288 or by email at dhsu@givensjohnston.com. Before you re-export, contact David Hsu, there may be some alternatives to re-exporting that will save you time and money!