German metal producer claims CBP violated due process.

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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.

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.

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.