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U.S. CBP Issues Wood Packaging Penalty Mitigation Guidelines

U.S. CBP Issues Wood Packaging Penalty Mitigation Guidelines

U.S. Customs & Border Protection (CBP) has set forth guidelines for mitigating penalties for violations of wood packaging materials (WPM). While the guidelines provide for reductions to 10% of the penalty for first time violations, 10-25% for second violations, and down to 25% for third violations, mitigating factors need to be in place. 

Examples of Mitigating Factors include, but are not limited to: 

  1. Clear documentary evidence of immediate remedial action taken to prevent further WPM violations. 
  2. An established record of compliance relating to WPM requirements. 
  3. Exceptional cooperation with CBP and APHIS (required action taken under EAN and other exceptional cooperation to aid in the resolution of the case). 
  4. A small number of WPM violations in relation to the number of transactions engaged in. 
  5. The WPM was properly treated (although unmarked or inappropriately marked). 
  6. A small percentage of the shipment involved in the violation is non-compliant. 
  7. WPM was marked, but marking was illegible. 

In addition, examples of Aggravating Factors include, but are not limited to: 

  1. Lack of Cooperation with CBP or APHIS.
  2. Falsely marked WPM or submission of false information or documentation.
  3. Attempt to conceal or cover-up WPM violation. 
  4. Failure to take immediate remedial action to prevent further WPM violations. 

If you have any further questions on wood packaging materials, please reach out to your local DSV representative.