Wood packaging violations

01.11.2017

U.S. Customs is stepping up enforcement on wood packaging violations.

CBP issued Cargo Systems Messaging Service #17-000609 regarding the issuance of penalties on wood packing material violations. The CSMS states, ''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 in 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 (ISPM15) Regulation of wood packaging material in international trade (https://www.ippc.int/en/publications/640/). Any WPM from foreign origin found to be lacking appropriate IPPC-compliant markings or found to be infested with a timber pest is considered not properly treated to kill timber pests and in violation of the regulation. The responsible party (importer, carrier, or bonded custodian) for the violative WPM must adhere to the Emergency Action Notification stipulations and be responsible for any costs or charges associated with disposition.''

While none of that is new, "effective November 1, 2017, responsible parties with a documented WPM violation may be issued a penalty under Title 19 United States Code (USC) §1595a (b) or under 19 USC §1592. This is a change from the previous threshold of 5 violations. There will be no yearly reset for calculating repeat violations as each WPM violation may incur a penalty." This allows for a wide range of penalties ranging from 20% to 100% of the value of the merchandise. Penalties for WPM import non-compliance may be issued from the first infraction and any subsequent infractions.

CBP states that this policy change is designed to motivate compliance with requirements for non-exempt imported WPM (e.g., crates, boxes and pieces of wood used to support or brace cargo) that have been in effect since Sept. 16, 2005. Trade industry members are encouraged to consider alternatives to WPM if possible, and to educate your supply chains about ISPM15 requirements. Alternative WPM may include plywood or press board, plastic pallets, oriented strand board, hardboard, parallel strand lumber, synthetic foam, metal frames, inflated dunnage and veneers.

The purpose of the WPM requirement is to prevent the introduction of exotic timber pests. Introduced exotic pests lack the natural environmental controls that may be found in their respective native lands to keep them in check. When exotic timber pests go unchecked they can cause widespread tree mortality with detrimental ecological impacts. Additionally, there may be economic impact for the lumber, fruit and nut industries as well as the loss of horticultural trees. Eradication efforts can prove to be very expensive and ineffective once an exotic pest is introduced, as is the case with the Emerald Ash Borer which was introduced with infested WPM. Therefore, preventing introduction is critical with these exotic pests.

Parts of this article appeared on the website of the U.S. Customs and Border Protection. The full CSMS may be accessed here.