Industry News
CBP Says New Farm Bill Import Declaration Requirements Could Affect One-Third of HTS, Delaying Entry Release
TweetAugust 18, 2008
On August 7, 2008, Customs and Border Protection (CBP) officials discussed the potential trade implications of new plant and plant product import declaration requirements that could affect up to one-third of the products covered by the Harmonized Tariff Schedule (HTS). The new import declarations are likely to be required beginning
The new requirements, included in the recent Farm Bill, oblige importers to file a declaration that contains (i) the scientific name of any plant (including the genus and species) contained in the importation, (ii) a description of the value and quantity of importation, and (iii) the name of the country from which the plant was taken.
In the Farm Bill, Congress also included provisions to amend the Lacey Act to redefine “plant” to mean any wild member of the plant kingdom, including roots, seed, parts and products thereof including trees from either natural or planted forested, with a few exceptions.
CBP officials noted that while obvious products like wood and cork would be affected, less obvious products such as printed materials, textiles, and furniture, could also be affected. Preliminary research on the four most basic HTS chapters affected by the new declaration requirements found up to 8,000 entry lines for which an import declaration could be required.
Because of the difficulties posed in creating an automated system for collecting the new import declarations, CBP officials stated that they will be requiring paper declarations. Acknowledging the adverse effect on paperless processing, officials noted that the new declaration requirements will likely result in the delayed entry release for the covered products.
CBP is working with other agencies on the applicable civil and criminal penalties provided for by the Lacy Act and is advocating no penalties in the beginning, but warns that the issue is yet to be resolved.
