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Special entry requirements for softwood lumber imported from any country

August 25, 2008
World Trade\Interactive

U.S. Customs and Border Protection has issued an interim rule setting forth the procedural and documentation requirements necessary to implement the entry requirements specified in the Softwood Lumber Act of 2008. This law requires the establishment of an importer declaration program for certain softwood lumber and softwood lumber products imported from any country. It also prescribes special entry requirements whereby importers must submit with the entry summary (a) the export price and estimated export charge (if any) for each line of covered products and (b) the importer declaration. There are also new recordkeeping requirements applicable to certain imports of softwood lumber home packages and kits.

The interim rule is effective Sept. 18. Under the Act the reporting requirements were to have taken effect Aug. 18, but CBP stated in a press release last week that it would delay those requirements until Sept. 18 to give the trade community sufficient time to comply. As a result, importations of covered softwood lumber made between Aug. 18 and Sept. 17 will not be rejected based on any Softwood Lumber Act requirements, nor will they be amended or supplemented to provide the three new data elements.

Once this rule is in effect, failure to timely provide the required softwood lumber entry data will constitute a breach of the terms of the importer’s bond under 19 CFR 113.62 and could give rise to a claim for liquidated damages under the bond equal to the value of the merchandise involved in the default.

Comments on the interim rule are due by Oct. 24.