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Company : Industry News

Revised Phase-in Schedule for Lacey Act Plant and Wood Declarations

The Animal and Plant Health Inspection Service (APHIS) has published a notice in the Federal Register on February 3, 2009 revising the enforcement schedule for the Lacey Act import declaration amendments to the Farm Bill. 

The Farm Bill now requires importers to declare the scientific name of the plant, the value of the import, the quantity of the plant, and the country from which the plant was harvested for certain plant and plant products imported into the United States. If the plant species from which a plant product is made varies and is unknown, the importer must declare the name of each species of plant that may have been used to produce the plant product. If the plant product is made from a plant species which is commonly taken from more than one country, the importer must declare the name of each country from which the plant may have been taken. It also includes provisions for civil penalties up to $10,000 and criminal penalties up to $20,000 for noncompliance.

The information will be filed as part of the consumption entry through the Automated Broker Interface (ABI).  The phase in period for various commodities is currently as follows:

Phase II: April 1, 2009 through September 30, 2009
Declaration required for the following HTS chapter 44 headings (wood & articles thereof):
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)
4418 (builders’ joinery and carpentry of wood)

Phase III: October 1, 2009 through March 31, 2010
Declaration required for the following HTS headings from chapter 44 (wood & articles thereof) and chapter 47 (wood pulp):
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 & kitchenware, of wood)
4420 (wood marquetry; caskets; statuettes)
4701 (mechanical wood pulp)
4702 (chemical wood pulp, dissolving)
4703 (chemical wood pulp, sulfate)
4704 (chemical wood pulp, sulfite)
4705 (combination mechanical and chemical)
Including headings listed in Phase II

Phase IV: April 1, 2010 through September 30, 2010
Declaration required for the following HTS headings from chapter 44 (wood & articles thereof) and chapter 48 (paper & articles thereof), and subheadings from chapter 94 (furniture):
4421 (articles of wood, not elsewhere specified)
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)
Including headings listed in Phases II and III

The Federal Register Notice can be found at:
http://edocket.access.gpo.gov/2009/pdf/E9-2232.pdf

For more information, please contact your CVI customer service representative, Venetia Huffman, Vice President of Operations & Compliance, or visit http://www.aphis.usda.gov./plant_health/lacey_act/index.shtml.

Related article:
New Declaration Requirement for Importers of Products Containing Plant or Wood Material