APHIS Issues Revision of Lacey Act Declaration Phase-In Schedule

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Issue 61, September 11, 2009

The Animal and Plant Health Inspection Service (APHIS) has revised its enforcement phase-in schedule for the Lacey Act declaration requirement for imported plants and plant products.

After review of the comments received, further internal consideration, and experience with implementation of enforcement of the declaration requirement to date, APHIS has revised the product phase-in schedule, as follows:

*Only subject to Lacey Act if article contains wood/plant material

The following items were previously part of Phase III but have been removed and will not require the Lacey Act Form to be submitted as of 9/1/09**-

• 4405 (wood wool (excelsior))
• 4410 (particle board)
• 4411 (fiberboard of wood)
• 4413 (densified wood)
• 4415 (packing cases, boxes, crates, drums)
• 4416 (casks, barrels, vats, tubs)
• 4701 (mechanical wood pulp)
• 4702 (chemical wood pulp, dissolving)
• 4703 (chemical wood pulp, sulfate)
• 4704 (chemical wood pulp, sulfite)
• 4705 (combination mechanical and chemical)

The following items were previously part of scheduled Phase IV but have been removed**-

• 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.)

**APHIS is currently proposing to begin enforcing the declaration for the above products no earlier than September 1, 2010. This delay in enforcement of the declaration requirement will allow the government more time to evaluate options for enforcing the declaration for these goods.

APHIS is seeking comments on the applicability of the declaration requirement to (1) certain HTS subchapters currently under consideration for subsequent phases and (2) additional products not currently under consideration for subsequent phases and not included in the revised phase-in schedule. Any comments must be filed with APHIS by November 2, 2009.

APHIS states that there will be no further additions to phases III or IV. It intends to provide at least six months notice to persons and industries affected by changes to the phase-in schedule to facilitate compliance with the new requirements. Any changes would be announced in the Federal Register.

APHIS' notice also covers other revised aspects of enforcement, information, which include:

-The amended Lacey Act explicitly states that the import declaration must contain both the genus and the species of the imported plant material. Further, the Act states that if a species is unknown, then the declaration should contain a list of all of the possible species that may be present in the product. Therefore, in circumstances where the list of possible species in a particular product includes all species in a genus, it is acceptable to use ``spp.'' following the genus name on the import declaration form. However, when reference to all possible species in a genus is not accurate (based on geographical or other factors), importers are expected to provide either the single genus and species, or a specific list on the import declaration form of all possible species that may have been used to produce the plant product.

-In response to comments contending that identifying composite and recycled or reused materials (e.g., medium density fiberboard, particleboard, and scrap wood) to the genus and/or species level would be difficult and in some cases impossible, APHIS has decided to further delay enforcement of the declaration for such products. APHIS is currently proposing to begin enforcing the declaration for those products no earlier than September 1, 2010. This delay in enforcement of the declaration requirement will allow the government more time to evaluate options for enforcing the declaration for these goods.

-Additional items as published in the Federal Register.

A copy of APHIS’s notice is available within the Federal Register at-
http://edocket.access.gpo.gov/2009/pdf/E9-21216.pdf

Regards,

Paul E. Vroman
Regulatory & Compliance Consultant
DHL Global Forwarding