Next Phase of Lacey Act Enforcement for Imported Plants and Products Thereof Begins October 1, 2009

Issue 50, August 12, 2009

 

Phase 3 of the enforcement of the Lacey Act is scheduled to begin on October 1, 2009. At which time, importers of subject products will be required to submit a completed Animal & Plant Health Inspection Service (APHIS) form (PPQ505) upon entry into the United States. A copy of the form, along with instructions for completion, is available at

http://www.aphis.usda.gov/plant_health/lacey_act/downloads/declarationform.pdf

In coordination with U.S. Customs and Border Protection (CBP), APHIS will accept the form in electronic format when submitted as part of an entry/entry summary submission via the Automated Broker Interface (ABI). Please note DHL Global Forwarding offers this service in conjunction with our Customs brokerage services. Importers may also elect to mail the PPQ form directly to APHIS.

The new products subject to the declaration requirement on October 1st (in addition to the goods currently subject to the requirement) are those classified under the following HTSUS headings: 4402, 4405, 4410, 4411, 4412, 4413, 4414, 4415, 4416, 4419, 4420, 4701, 4702, 4703, 4704, & 4705.

Examples of new products subject to the declaration requirement include- wood pulp, particle board, plywood, table and kitchenware of wood, packing containers of wood*, etc.

* Packing containers of wood are not subject to the declaration requirement when they are acting as the packaging for imported products. They are only subject if they themselves are the imported product and classified as such on the CBP entry.

Additional products will become subject to the declaration requirement upon implementation of future phases of enforcement. Details on the enforcement phases can be found at-

http://www.aphis.usda.gov/plant_health/lacey_act/downloads/FederalRegister02-03-2009.pdf

Additional information on the Lacey Act and its requirements is available at-

http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml

Regards,

Paul Vroman
Regulatory & Compliance Consultant
DHL Global Forwarding