APHIS Revises Lacey Act Implementation Schedule
September 2, 2009
Expeditors Newsflash
On September 2, 2009, the U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) published in the Federal Register a notice to implement revised Lacey Act provisions as part of the Food, Conservation, and Energy Act of 2008 (Farm Bill), now Public Law 110-246.
The new schedule calls for limiting enforcement of the declaration requirement during Phase III, which begins on October 1, 2009, to merchandise classifiable in only five subheadings from chapter 44 of the Harmonized Tariff Schedule (HTS). The schedule announced previously called for enforcement of goods classifiable in 10 subheadings from chapter 44, as well as five subheadings from chapter 47.
Additionally, Phase IV has been revised to require declarations for the following subheadings: 4421, 6602, 8201, 9201, 9202, 9302, 9305.10.20, 9401.69, 9504.20, and 9703. Previously, Phase IV would have covered 4421, ten subheadings from chapter 48, and six subheadings from chapter 94. Enforcement of both Phases III and IV will also include applicable subheadings from previous Phases. The time frames for implementations of both Phases III and IV remain the same.
In the notice, APHIS also clarifies that declarations are "not required for products that have no wood or plant content. For example, both metal hammers and hammers with wooden handles are included in HTS Chapter 82. In that example, only hammers with wooden handles would require a declaration."
APHIS is seeking comments on various subheadings, which are listed in the notice. Comments will be accepted until November 2, 2009.
The full text of the Federal Register notice can be accessed online at:
http://edocket.access.gpo.gov/2009/E9-21216.htm
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