As of July 5, 2006, we are now into phase III implementation of the new regulations for wood packing materials (WPM). Immediate export of all shipments containing violative WPM will be ordered, at the Port Director's discretion, unless it can be determined that the CBP facility has the resources to safely supervise the separation of WPM from the goods, without adverse impact to the agency mission and entirely at the importer's expense. This not only includes goods in WPM infected with timber pests, but also goods in WPM lacking the proper IPPC marking.
Although the regulations allow for the manipulation and separation of the non-conforming wood packaging material from the accompanying merchandise, all importers should be advised that some ports, due to time and facility constraints, are not allowing such separation and are requiring immediate export of such shipments. We suggest that all importers communicate with their foreign vendors to ensure that only acceptable packaging is used.
Important Note: Per our recent conversation with an inspector at the Port of New York (JFK), all freight with unmarked wood packing material is being exported at the importer's expense. They are not allowing any manipulations to separate goods from wood packing materials, unless the importer can show dire circumstances.