On September 16, 2005, the U.S. Department of Agriculture (USDA) began the full enforcement process of their previously-issued import regulations for wood packaging materials. U.S. Customs and Border Protection (CBP) is assisting the USDA with enforcing the new regulation.

CBP conducted a special operation to determine the baseline level of WPM compliance. Based on the examination results, CBP will perform phased-in compliance enforcement of the USDA WPM regulation.

Phase I, September 16, 2005 through January 31, 2006

This is an Informed Compliance period. During this phase, all visual exams of cargo performed by CBP or USDA will include a WPM component. If WPM are present and are not properly marked, the importer and their broker will be informed of the non-compliance, in writing, with a ‘Notice of Violation.’ Re-export of shipments for non-compliance will not be required.

Phase II, February 1, 2006 through July 4, 2006

CBP and USDA will continue informed compliance measures on all regulated WPM, except for pallets and crates. Shipments containing violative pallets and crates will require re-export from the U.S. if it is determined the merchandise can not be separated from the violative WPM.

Phase III, begins July 5, 2006

CBP and USDA will fully enforce the WPM regulation for all WPM. Re-export of shipments containing violative WPM will be ordered if it is determined the merchandise can not be separated from the violative WPM.

Note: Specific guidelines for requesting separation of merchandise from the violative WPM with subsequent export of the WPM only have been provided.

All expenses incurred for the services of CBP Officers and USDA Specialists involved in the separation of cargo, and the costs of re-export, will be billed to the importer or other party of interest.

For further information, please visit Customs’ website at www.cbp.gov, Wood Packaging Materials (WPM) Implementation Plan, or contact your local Phoenix International Freight Services, Ltd. representative.