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:
|Phase II||Effective April 1, 2009||
4401 (fuel wood)
|Phase III||Effective October 1, 2009||
4402 (wood charcoal)
Plus Phase II
|Phase IV||Effective April 1, 2010||
4421 (other articles of wood)
6602 (walking sticks, whips, crops)*
8201 (hand tools)*
9302 (revolvers and pistols)*
9401.69 (seats with wood frames)
9504.20 (articles and accessories for billiards)*
Plus Phases II and III
*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**-
The following items were previously part of scheduled Phase IV but have been removed**-
**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-
Paul E. Vroman
Regulatory & Compliance Consultant
DHL Global Forwarding