APHIS Delays Enforcement of Lacey Act Declaration for Some Products

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September 2, 2009

The Animal and Plant Health Inspection Service (APHIS) is removing 11 Harmonized Tariff Schedule (HTSUS) subheadings from the list of products that will require Lacey Act import declarations beginning October 1, 2009. The Food, Conservation, and Energy Act of 2008 amended the Lacey Act, the nation’s oldest wildlife protection statute, to require that imports of certain plants and plant products be accompanied by a declaration that contains the scientific name of the pant, the value of the importation, the quantity of the plant, and the name of the country where it was harvested.

APHIS began the first phase implementing these requirements in December 2008 with an informed compliance period and outreach events. The second phase (first phase of actual enforcement) began on April 1, 2009 and covered imports of the following HTSUS subheadings:

Beginning October 1^st, APHIS will begin requiring import declarations for goods covered by phase III of the agency’s implementation schedule, which is now limited to:

Phase IV of the implementation schedule has also been significantly revised. Beginning April 1, 2010 APHIS will require declarations to accompany goods of the following HTSUS subheadings:

After reviewing comments made on previous Federal Register notices announcing the schedule of implantation and experience with the first of enforcement of the declaration requirement, APHIS decided to remove eleven subheadings from phase III and significantly revise Phase IV. APHIS is promising no further additions to phases III or IV.

However, APHIS is considering adding a subsequent phase of enforcement that would be begin on or after September 1, 2010. This additional phase could include many subheadings that APHIS dropped from phases III or IV, including[1]:

While announcing the revised implementation schedule on September 1, 2009, APHIS also said that it will further delay enforcement of the declaration requirement for composite, recycled, and reused materials. Enforcement for these products will now begin no earlier than September 1, 2010.

Finally, while announcing these changes APHIS also announced that in circumstances where the list of possible species in particular product includes all species in a genus, it is acceptable to use “spp.” following the genus name on the import form. However, when reference to all possible species in a genus is not accurate (based on geographical or other factors), importers will be 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.[2]

To read APHIS’ entire notice revising the implementation schedule, click here.

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