Khapra Beetles intercepted by CBP in Houston.

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Back in August, U.S. Customs and Border Protection (CBP) agriculture specialists stopped Khapra beetles from entering the US at George Bush Intercontinental Airport (IAH). CBP found these invasive pests hidden among travelers arriving from Sudan, India and Turkey. The Khapra beetle and cast skin remains are known to be found in dry fava beans, dried coriander seeds and dried dates.

Khapra beetles are resilient bugs that can live without food for long periods of time and known to be resistant to insect sprays. They typically feed on grain and cereal but can eat other food products to survive – as such the introduction of the Khapra bettle would be damaging to US agriculture.

According to CBP – agricultural specialists intercept over 352 agricultural pests per day. If you have a pest issue or CBP sent you a notice regarding wood packaging materials – contact experienced customs and WPM/wasps attorneys at 832.896.6288 or by email at dhsu@givensjohnston.com.

Givens and Johnston, PLLC at Breakbulk Americas 2018.

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Earlier this week, Givens and Johnston, PLLC attorneys – James Garland Hurst and David Hsu staffed the G&J booth at Breakbulk Americas 2018.

James and David were on hand to answer questions related to wood packaging materials and cost-effective solutions to deal with a “wood packaging material” notice from Customs. As you are aware, Customs vigorously inspects wood packaging material shipments entering the US for presence of invasive pests that damage the US ecosystem.

James and David also answered questions regarding ftz’s, bonded warehouses, import and export, compliance matters, Section 232 and 301 duties and the whole range related trade matters.

See you at Breakbulk Americas 2019! In the meantime, feel free to contact David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com for all your import, export and trade matters.

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

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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: dhsu@givensjohnston.com

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!

Customs agent charged with falsifying ship inspection records.

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According to the Virginian-Pilot, a former U.S. Customs and Border Protection (CBP) agricultural specialist agent was charged with falsifying ship inspection forms on three separate occasions since 2015.

A CBP agricultural specialist is tasked with checking containers and trucks for agricultural or packaging materials that might contain invasive pests and also check wood packaging materials for larvae or inspects that could impact the native trees and nursery. In short, an agricultural specialist will make sure wood packaging materials, fruits and vegetables arrive into the US pest-free.

According to an indictment filed in the case, former-agent, Carl James Jr. falsified ship inspection forms on two ships: the CMA CGM Dalila and the OOCL Chongqing and one bulk carrier ship – the Pontovremon.

James’ set to appear in court on July 13th.

If you or anyone you know has had their shipment detained due to pests or invasive species found in wood packaging materials, or you have received an Emergency Action Notice (EAN) from Customs or you have had a seizure due to a failed agricultural inspection – contact experienced trade and customs attorney David Hsu at 832.896.6288 or by email at: dhsu@givensjohnston.com.