Regulated Wood Packaging Material Customs Violations

Which Penalties Apply to WPM Violations?

CBP enforces the WPM regulations along two separate tracks, and they are frequently confused. The distinction matters, because the two carry different exposure and different mitigation schemes.

Liquidated damages for failing to act on an Emergency Action Notification

When APHIS Plant Protection and Quarantine issues an Emergency Action Notification and the importer, carrier, or bonded custodian does not take the action it specifies, CBP may assess liquidated damages for breach of the bond conditions. This claim is about non-compliance with the notice, not about the packaging itself.

A penalty under 19 U.S.C. § 1595a(b) for attempting to enter violative WPM

Separately, CBP may penalize a documented importer, carrier, or bonded custodian that attempts to enter violative WPM or attempts to conceal a violation. CBP recognizes three categories: unmarked WPM, inappropriately marked WPM, and infested WPM.

19 U.S.C. § 1592 remains available as an alternative where the violation involves a material false statement or omission in connection with the entry — for example, false marking or false documentation about the treatment status of the packaging. Section 1592 penalties are tiered by culpability, with fraud, gross negligence, and negligence each carrying a different maximum.

What CBP’s Mitigation Guidelines Actually Allow

CBP publishes mitigation guidelines specific to wood packaging material violations. They set out what relief is available, and the ranges are narrower than importers usually expect.

Penalties under § 1595a(b)

Violation history	Penalty may be mitigated to
First violation	1% to 10% of the assessed penalty
Second violation	10% to 25% of the assessed penalty
Third or subsequent violation	Not lower than 25% of the assessed penalty

Where a violator has a continuing documented pattern of WPM violations, the guidelines state that mitigation will generally not be provided at all. The spread within each band is decided by the mitigating and aggravating factors present, which is what the petition has to address.

Liquidated damages for EAN non-compliance

Relief here is available only on a showing of extraordinary circumstances, and the guidelines identify two:

• The action required under the EAN was eventually taken, just after the deadline. The claim may be cancelled at an amount between $500 and $5,000 depending on the circumstances.
• The petitioner was unable to act because of circumstances beyond its control, or because of APHIS/PPQ or CBP error. The claim should be cancelled.

Mitigating factors the guidelines list

Several of these are commonly overlooked in petitions, and some apply to importers who did nothing wrong at all:

• Documentary evidence of immediate remedial action to prevent further violations.
• An established record of WPM compliance.
• Exceptional cooperation with CBP and APHIS, including taking the action required under the EAN.
• A small number of violations relative to the volume of transactions.
• The WPM was in fact properly treated, though unmarked or inappropriately marked.
• Only a small percentage of the shipment was non-compliant.
• The WPM was marked, but the marking was illegible.
• Lack of importing experience.
• The violator informed CBP or APHIS/PPQ about the non-compliance or the possibility of it.
• Contributory CBP or APHIS/PPQ error.
• The violator is a governmental entity or charitable institution.
• Violations occurring in close temporal proximity to one another.

Aggravating factors include lack of cooperation, falsely marked WPM or false documentation, any attempt to conceal the violation, and failure to take immediate remedial action.

CBP is not required to grant relief in any case, reviews each matter individually, and may deviate from these guidelines. They direct the agency’s internal operations and confer no rights on any person.