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CBP Ends Leniency toward WPM Violations
On March 9, 2007, a liquidation damage and penalties provision on issues related to wood packing materials went into effect. There has been a recognizable leniency toward full implementation and enforcement of the provision for shipments found to be in violation, but any future non-compliant importations are likely to be treated with greater severity.
Specifics to wood packing materials are set forth in the Code of Federal Regulations and are intended to protect U.S. agricultural resources from the introduction of potentially injurious wood-boring pests. Failure to comply poses a significant pest risk to U.S. agricultural. The liquidation damage and penalties provision provides the avenue to address non-compliant shipments and is accomplished through the issuance of the Emergency Action Notification (EAN). An EAN will be issued when a “WPM violation” is discovered. A “WPM violation” occurs when WPM entering the U.S. does not adhere to the required treatment as prescribed by the International Standards of Phytosanitary Measures (ISPM-15). The time frame in which the corrective action must be completed will be specified on the EAN document, but CBP will use its discretionary authority to determine a reasonable time for such action.
Liquidated damages will be assessed when a party fails to comply with the terms of an EAN and penalties may be assessed when a party attempts to conceal a “WPM violation” or has received five (5) prior EANs in the previous fiscal year as a total accumulation from all ports of entry.
It is important to note that paper certifications of heat treatment or methyl bromide fumigation will no longer be required or accepted. Confirmation of either of these treatments must be in the form of a visible, legible, and permanent trademarked graphic symbol on each article of WPM, preferably on at least two opposite sides, as approved by the IPPC.
The information regarding wood packing materials is extensive and we encourage you to contact your CVI customer service representative for additional information.