German metal producer claims CBP violated due process.

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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 dhsu@givensjohnston.com as soon as possible.

Change in Penalties for Wood Packaging Material (WPM) Violations.

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Under previous U.S. Customs and Border Protection (CBP) guidelines, importers could have five (5) wood packaging material violations in one year before being penalized. Unfortunately, according to a Frequently Asked Questions page on the CBP website found here, as of November 1, 2017, any importer, carrier, or bonded custodian can now be liable for a penalty in the first instance of a wood packaging material violation.

If you are an importer, carrier, bonded custodian or any other responsible person who received an Emergency Action Notification (EAN), give our office a call first. We can discuss ways to mitigate the penalty and other methods to protect you. Call David Hsu at 832.896.6288 or email at dhsu@givensjohnston.com for a free and private consultation.