Wooden Pallets and Crates
February 1 through July 4, 2006
The term “pallets”, when used in this document, will include single wooden pallets and all pallets that are part of a unitized packaging container, such as wooden pallets that comprise the base of a carton or crate (for example, in shipments of motorcycles, machinery parts, pipe fittings, etc.) Wooden crates or lift vans constructed solely of manufactured wood (for example, plywood) are not regulated by the WPM rule. However, if other lumber is used in these crates, those pieces are covered by the WPM rule.
2. During Phase II, if CBP discovers WPM (other than pallets or crates) that are not properly marked (that is, lacking the proper IPPC logo) during the course of any visual examination of any cargo, a Notice of Violation will be posted in a prominent location on the goods. A copy will also be included in the entry packet where possible. The intent of these steps is to notify the broker and the recipient that a violation has occurred and that CBP has chosen to temporarily exercise its enforcement discretion. These discoveries are considered violations of the WPM rule.
Shipments Containing Non-Compliant Wood Pallets or Crates
The shipment will be held and will not be released. IT and T&E shipments found to contain violative WPM will not be permitted to transit.
The Agriculture Specialist will complete a USDA Emergency Action (EAN) Notification (PPQ-523) on the violative materials. The Agriculture Specialist will follow the general guidelines for completing actions under the EAN procedures.
The importer, or the importer’s representative (if one is available), will be notified by CBP of the situation.
The importer or other party of interest may request separation of the imported merchandise from the violative WPM.
3. If the Port Director determines that separation of the non-compliant crates from the cargo is not feasible, or if separation is not requested, then the entire shipment (violative WPM, compliant WPM, and merchandise) shall be ordered exported from the U.S. in accordance with the rule.
The Port Director shall order the shipment to be exported from the U.S. at the importers’ or party of interest’s expense. It is irrelevant if the shipment contains a mixture of compliant and violative WPM.
The authority to order exportation of violative WPM is contained in the USDA regulations at 7 CFR § 319.40.
If the entire shipment is ordered exported, any original entry must be cancelled and an Immediate Exportation entry (entry type 63) must be executed and provided to the Port Director to document the export movement.
If movement outside of the original U.S. port becomes necessary to cause the ordered exportation, it will be on a restrictive Transportation and Exportation entry (entry type 62) in conjunction with an appropriately executed USDA Emergency Action Notification (EAN) (PPQ-523). The EAN will provide and document restrictions as to routing, diversion and authorized timeframe to complete the restricted transportation and exportation movement.
In the event that the identity of the importer is unknown or otherwise not available to CBP, the importing carrier may be held liable for expenses related to the costs of exportation of the non-compliant WPM and associated cargo.
In the event that the merchandise is abandoned, the shipment will go to General Order (G.O.) and be handled under established procedures. If G.O. merchandise is ultimately auctioned, all noncompliant WPM must be exported at the expense of the successful bidder.
4. If the Port Director determines that separation of the violative WPM from the cargo is feasible, then the cargo will be separated at the importer’s expense at a time and place determined by the Port Director.
a. After separation, the Port Director will order violative WPM to be exported per 7 CFR § 319.40 at the importers’ or party of interest’s expense.
b. If only the violative WPM is to be exported, the importer or party of interest (working in conjunction with the exporting carrier) must supply evidence sufficient to Port Director’s satisfaction that the non-compliant WPM will be removed from the U.S. This proof may include, but is not limited to, a bill of lading, statement on carrier letterhead, U.S. export or foreign entry documents, etc.
c. In the event that the identity of the importer is unknown or otherwise not available to CBP, the importing carrier may be held liable for expenses related to the costs of exportation of the non-compliant WPM.
CBP website for information on Enforcement for Wood Packing Materials:
http://www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm/
APHIS website for information on WPM:
http://www.aphis.usda.gov/ppq/wpm/