CBP officers find and destroy gypsy moth eggs on coal ship.

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Image of Asian Gypsy Moth Egg Mass, source: CBP.gov

According to a CBP media release, Customs and Border Protection agriculture specialists discovered an egg mass of the highly destructive Asian Gypsy Moth (AGM) species on a coal freighter at the Port of Baltimore. The freighter, the M/V Mondial Sun arrived from the United Kingdom to take on coal, and previously called on ports in China and Japan during the summer of 2019. Ports in Asia are high-risk ports for AGM. After leaving Baltimore, the vessel was on the way to Japan.

With this harmful pest situation, CBP agriculture specialists removed the egg mass and treated the affected area with a pest spray.

According to Customs, the Asian Gypsy Moth (AGM) is one of the most destructive insect pests in the world. AGM are extremely mobile and can lay egg masses yielding hundreds of hungry caterpillars that in turn become other mobile AGM.

In this instance, CBP removed and treated the area where the harmful pests were found. Typically, CBP will discover larvae or the pests themselves inside wood packaging material on cargo ships – if you receive an emergency action notice regarding pests in your shipment – time is of the essence. Contact experienced harmful pest attorney David Hsu immediately by phone/text to 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com

Children’s clothing seized by CBP for excessive lead levels and flammability risks.

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Seized clothing, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers seized commercial shipments of girls clothing and pajamas. The shipment from China was tested by the Consumer Product Safety Commission (CPSC) and found to contain excessive amounts of lead, violating the Federal Hazardous Substances Act. The other shipment contained pajamas also manufactured in China. Upon testing by the CPSC, Customs found the pajamas failed the flammability requirements under the Flammable Fabrics Act.

As a result of the violations, Customs seized the merchandise and will likely destroy the goods. I do not see any possibility the FPF paralegal would allow these goods to be entered into the US.

As I previously mentioned, CBP will first detain a shipment, have the shipment tested and then seize the shipment. After a seizure, Customs will send a Notice of Seizure to the importer of record for both shipments. Given the value of the shipment, $700 for the clothing and $1,500 for the pajamas, I don’t believe an importer of record will contest the seizures, much less hire an attorney to handle the seizure.

If you have had your goods seized for violating the CPSC regulations, Flammable Fabrics Act, the Federal Hazardous Substances Act or any other regulations from the alphabet soup of federal agencies, call experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP stops invasive Scarab beetle pests from entering the US.

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Scarab beetle, source: CBP.gov

U.S. Customs and Border Protection (CBP) agriculture specialists in Florida stopped several invasive pests from entering the US – specifically the scarab beetle and heteroptera. The scarab beetle can infest and destroy crops while the heteroptera is known to damage plant roots.

According to the CBP media release, agriculture specialists in 2018 seized on average 319 pests at U.S. ports of entry and 4,552 materials for quarantine: plant, meat, animal byproduct and soil each day!

If you have had a Customs seizure due to an infestation of pests or wood-boring insects in wooden packaging materials – contact experienced trade attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

Dangers of Wood Packaging Materials (WPM) to your supply chain.

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Photo by Chanaka on Pexels.com

Wood packaging materials (WPM) and the presence of invasive species puts your supply chain at great risk. As you are aware, CBP has strict regulations regarding the use of WPM in shipping goods from overseas. The regulations are in place to stop the spread of non-US invasive species that may wreak having on the US domestic ecosystem if the species are introduced into the US.

CBP previously has a published tolerance of five WPM violations prior to issuance of a penalty. However, after November 1, 2017, responsible parties with WPM violations may be issued a penalty after only one violation!

Why stop invasive species?
As the name implies, exotic invasive species are frequently brought into the US through use of wood packing materials. Most frequently found are “wood boring” insects that are able to make holes in the wood to lay larve. The species threaten  agriculture, forestry and other ecosystems where there may exist no natural predators.

How does Customs regulate WPM?
Wood packaging materials imported into the US are required to be treated before importation. The WPM must display a visible mark certifying treatment  on at least 2 sides – the mark must also be approved by the International Plant Protection Convention (IPPC) in its International Standards of Phytosanitary Measures (ISPM 15) Regulation of wood packaging material in international trade.

Non-exempt wood packaging material (WPM) imported into the United States must have been treated at approved facilities at places of origin to kill harmful timber pests that may be present. The WPM must display a visible, legible, and permanent mark certifying treatment, preferably on at least 2 sides of the article. The mark must be approved under the International Plant Protection Convention (IPPC) in its International Standards of Phytosanitary Measures (ISPM 15) Regulation of wood packaging material in international trade.

What if there is a WPM violation?
In the event of a WPM, CBP will issue a “Emergency Action Notification” (EAN) to the responsible party (party whose bond was obligated). The EAN will give the responsible party certain time to comply. Typically the solution may be to re-export the goods for fumigation and then re-import. Re-exporting the goods disrupts your supply chain and

What are the other penalties?
If a party fails to comply with the terms of EAN, CBP may issue a liquidated damages penalty.

Do you have any questions about WPM violations or have you been issued an Emergency Action Notification for WPM violations?

Call experienced trade attorney David Hsu at 832.896.6288 or by email at: attorney.dave@yahoo.com