December 15, 2008

APHIS (Animal and Plant Health Inspection Service) proposes to implement a voluntary paper declaration until an automated system is developed sometime around April 1, 2009, after which enforcement of the Lacey Act will be phased in.

A Federal Register notice was published on October 8 providing more details for implementation of the revised Lacey Act provisions. 

CBP (Customs and Border Protection) is in the process of developing an electronic system  for the preparation and transmission of a Plant and Plant Product Declaration Form.

A paper declaration form is now available for voluntary submission. This form can be used until the electronic system is available.......the electronic system is estimated to be available by April 1, 2009, or soon thereafter.

No penalties for failing to complete the paper declaration will occur before the electronic system for data collection is available (April 1, 2009, or after); however, any person who submits a paper declaration containing false information may be prosecuted.

To date this is the "Phase-in Period" as proposed:

Phase I – from present to March 31, 2009 (or when electronic system is available) – the voluntary declaration form will be available on APHIS’s web site, and accepted after December  15, 2008.

Phase II – beginning April 1, 2009 (or when electronic system is available)

Import declaration required for HTS Chapters:
Chapter 44: Wood & articles of wood and,
Chapter   6: Live trees, plants, bulbs, cut flowers, ornamental foliage, etc.

Phase III – beginning July 1, 2009 (approximate)

Import declaration required for HTS Chapters:
Chapter 47: Wood pulp
Chapter 48: Paper & articles of paper
Chapter 92: Musical instruments
Chapter 94: Furniture

After September 30, 2009, APHIS (Animal and Plant Health Inspection Service) will phase in enforcement of the declaration requirements for additional chapters containing plants and plant products covered by the Lacey Act.  A follow up Federal Register notice will be published with this schedule.

Here is a non exhaustive list of the targeted products and their related chapters: 

Chapter 12: Oil seeds, misc. grain, seed, fruit, plant, etc. 

Chapter 13: Gums, lacs, resins, vegetable saps, extracts, etc. 

Chapter 14: Vegetable plaiting materials and products not elsewhere specified or included 

Chapter  45: Cork and articles of

Chapter  46: Basket ware and wickerwork 

Chapter  66: Umbrellas, walking sticks, riding crops 

Chapter  82: Tools 

Chapter  93: Guns 

Chapter  95: Toys, games and sporting equipment

Chapter  96: Brooms, pencils, and buttons; and 

Chapter  97: Works of art

For more information about the Lacey Act please contact Dave McMillan at Dell Will Customs Brokers 519-258-3141 x228.