Lacey Act declaration enforcement delayed, filing procedures clarified
March 31, 2009
World Trade\Interactive
The Department of Agriculture has issued a notice updating the trade community on the implementation of the import declaration requirement under the Lacey Act amendments. Specifically, the USDA is delaying the initial stage of enforcement of this requirement and clarifying the procedures for filing the declaration.
Enforcement. Under the Lacey Act amendments, imports of certain plants and plant products must be accompanied by import declaration containing the scientific name of the plant, the value of the importation, the quantity of the plant and the name of the country from which the plant was harvested. For paper and paperboard products containing recycled content the declaration must also include the average percent of recycled content regardless of species or country of harvest.
The USDA has now modified the schedule of phased-in enforcement of the declaration requirement that it had previously announced. As a result, while the electronic submission of the required data elements will be accepted starting April 1, enforcement will not actually begin until May 1. As of that date U.S. Customs and Border Protection will enforce the declaration requirement for imports under HTS headings 4401 (fuel wood), 4403 (wood in the rough), 4404 (hoopwood; poles, piles, stakes), 4406 (railway or tramway sleepers), 4407 (wood sawn or chipped lengthwise), 4408 (sheets for veneering), 4409 (wood continuously shaped), 4417 (tools, tool handles, broom handles), and 4418 (builders’ joinery and carpentry of wood).
USDA is encouraging importers to use this 30-day period for live testing of the electronic system. The government will use this time to complete its work on integrating the Lacey declaration requirement into CBP’s expedited border release programs.
It is not anticipated that enforcement of subsequent phases, as detailed below, will be delayed.
• Oct. 1, 2009–March 31, 2010: in addition to all headings listed above, HTS headings 4402 (wood charcoal), 4405 (wood wool [excelsior]), 4410 (particle board), 4411 (fiberboard of wood), 4412 (plywood, veneered panels), 4413 (densified wood), 4414 (wooden frames), 4415 (packing cases, boxes, crates, drums), 4416 (casks, barrels, vats, tubs), 4419 (tableware and kitchenware), 4420 (wood marquetry; caskets; statuettes), 4701 (mechanical wood pulp), 4702 (chemical wood pulp, dissolving), 4703 (chemical wood pulp, sulfate), 4704 (chemical wood pulp, sulfite), and 4705 (combination mechanical and chemical)
• April 1–Sept. 30, 2010: in addition to all headings listed above, HTS headings 4421 (articles of wood, not elsewhere specified or included), 4801 (newsprint), 4802 (uncoated writing paper), 4803 (toilet or facial tissue stock), 4804 (uncoated kraft paper), 4805 (other uncoated paper and board), 4806 (vegetable parchment, etc.), 4807 (composite paper and board), 4808 (corrugated paper and board), 4809 (carbon paper), 4810 (coated paper and board), 4811 (paper coated, etc. other than 4803, 4809 or 4810), 9401.69 (seats with wooden frames), 9403.30 (wooden office furniture), 9403.40 (wooden kitchen furniture), 9403.50 (wooden bedroom furniture), 9403.60 (other wooden furniture), 9403.90.70 (wooden furniture parts)
Filing Procedures. CBP has automated the process for collecting the required data elements and expects and urges most importers to use the electronic system to file the declaration. Specifically, data will be transmitted to the Automated Commercial System through the Automated Broker Interface in the cargo release module. Electronic filing of the declaration will not preclude remote location filing.
Importers will have the option to complete and present a paper declaration for each line, but if a paper form is used it must be mailed to USDA at the address on the form. If a paper form is submitted to CBP as part of the entry package it will be returned to the importer (or importer’s representative) for mailing to USDA.
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