Nearly 5 years ago, we blogged about Regulated Wood Packaging Material (WPM) violations, and the trouble it can get importers into. You can read all about that in Regulated Wood Packaging Material Customs Violations. CBP’s page with links to various WPM resources is accessible on CBP’s website HERE.
But, now something has changed. Pursuant to the old CBP guidelines, an importer could have 5 WPM violations in one year before they were penalized. However, as of November 1, 2017, and importer is liable for a penalty in the first instance of a WPM violation.
The new frequently asked questions published by CBP and summarize the change thus “Effective November 1, 2017, responsible parties with documented WPM violation may be issued a penalty. This is a change from the previous published tolerance of five WPM violations.”
This change was initially broadcast through customs Cargo Systems Messaging Service (CSMS #17-000612). That message states the reason for the change in enforcement as follows:
To motivate WPM compliance, 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 published threshold of 5 violations. There will be no yearly reset for calculating repeat violations as each WPM violation may incur a penalty.
So, importers: be motivated.
Can an application to separate violative wood packaging material still be filed?
Yes, the new guidelines still permit importer’s to file an application to separate violative wood packaging material to avoid re-importation of the merchandise.
If you have been informed that you wood packaging material is in violation of the law and needs to be re-exported, immediately contact us and we can prepare an application to separate violative wood packaging material so that, if it is granted, you do not have to undergo the time and expense of re-exporting the merchandise you are trying to import.
Can WPM penalties be mitigated?
Yes, WPM penalties can be mitigated. Never pay full price in a penalty proceeding! If you have received a notice of penalty or liquidated damages and are being told you must pay as a result of the violation, immediately call or e-mail our office at (734) 855-4999 and we can prepare a petition for mitigation of the penalty amount.