Trade Alert: March 15, 2007

CBP steps up enforcement of new requirements for imported wood packaging material: Effective March 9, 2007 U.S. Customs and Border Protection will impose financial penalties against importers, carriers or bonded custodians for importing wood packaging material that violates the requirement that it be properly marked to indicate that it has been either heat treated or treated with methyl bromide and is free of timber pests. This requirement has been in effect since July 5, 2006 and is in accordance with the regulations that wood packaging material confirm to the International Standards for Phytosanitary Measures: Guidelines for Regulating Wood Packaging Material in International Trade (ISPM 15). Penalties may be as high as three times the value of the wood packaging material plus the value of the commodity or commodities identified for importation on the entry documentation. All materials found to be unmarked, inappropriately marked, or market but infested with live wood-boring pest will also be immediately exported.

FDA Issues Final Guidance For Safe Importation of Fresh-Cut Fruits And Vegetables: The Food and Drug Administration (FDA) has published a draft final guidance advising processors of fresh-cut produce how to minimize microbial food safety hazards common to the processing of most fresh-cut fruits and vegetables, which are often sold to consumers in a ready-to-eat form. Examples of fresh- cut products are shredded lettuce, sliced tomatoes, salad mixes (raw vegetable salads), peeled baby carrots, broccoli florets, cauliflower florets, cut celery stalks, shredded cabbage, cut melons, sliced pineapple, and sectioned grapefruit. This guidance is intended for all fresh-cut produce processing firms, both domestic firms and firms importing or offering fresh-cut product for import into the U.S., to enhance the safety of fresh-cut produce by minimizing the microbial food safety hazards. The Guide also recommends that processors encourage the adoption of safe practices by their partners throughout the supply chain, including produce growers, packers, distributors, transporters, importers, exporters, retailers, food service operators, and consumers. You may access a copy of the Guide here.

DHS Traveler Redress Inquiry Program Launched: The Department of Homeland Security (DHS) has announced the launch of the DHS Traveler Redress Inquiry Program DHS TRIP, an online service that is intended to allow legitimate travelers to address situations where they believe they have been incorrectly delayed, denied boarding, identified for additional screening, or have otherwise experienced difficulties when seeking entry into the United States. Travelers who use DHS TRIP will nevertheless have to submit additional documentation by mail or fax in support of their submission. If you have been experiencing unwarranted difficulties with entry into the United States your name may be on a watch list and you should contact an attorney for assistance.

Contact Andrea Ewart for additional information or assistance.