UPDATE: Lacey Act - 9/2/2009
The Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture recently released notification regarding the enforcement of declaration requirements under the Lacey Act. Declaration requirements under this regulation became effective on December 15, 2008. Enforcement of the requirements is based on a phase-in schedule. The notice released is to inform of the revisions made to the phase-in schedule. These revisions were made based on experience in implementing the first phase and review of comments received by the public. Limited changes have been made to Phase III, which is scheduled to begin on October 1, 2009. Significant changes have been made to Phase IV, scheduled to begin April 1, 2010. Based on feedback from the public, enforcement for composite and recycled or reused materials (e.g. medium density fiberboard, particleboard, and scrap wood) has been delayed, due to the difficulty of identifying the genus and/or species level. Enforcement would occur no earlier than September 1, 2010, which will allow the government time to evaluate alternative options for enforcing declaration requirements for these goods. There will be no further additions for Phase III or IV.

To view the Revised Phase-In Schedule, click here.

The Department of Agriculture is seeking comments on 33 other HTSUS headings under consideration for additional enforcement phases. Those phases would be scheduled to begin on or after September 1, 2010.
Additionally, they are seeking comments on how the declaration requirement should be enforced as to additional goods classified under certain headings. All public comments are taken into consideration in the final rule making. Deadline for submission of comments in November 2, 2009.

For more information and instructions on how to take action, click here.

Lacey Act - 4/1/2009
The Lacey Act, last amended in May 2008, makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, with limited exceptions, taken or traded in violation of the laws of the U.S., a U.S. State or a foreign country. This regulation stipulates the higher regulation on products made of plant material, enforcing import declaration requirements. On February 3, 2009, the USDA and APHIS announced a revised enforcement phase-in plan for the Act which identifies the HTS Chapter or Heading of products to be imported that require the Plant Product Declaration Form (PPQ 505).

As of 12/15/2008, it is required that an import declaration be filed for products of plant material. At this time, declaration requirements are only required for formal consumption entries. Declaration is only enforced for the product being imported, excluding sundries accompanying the product. Products subject to declaration requirements will be enforced based on a phase-in implementation schedule. The HTS chapters included in the first phase of declaration enforcement will be implemented 4/1/2009.

To view the Phase-In Schedule, click here.

For more information and instructions on how you can take action, click here.