The Lacey Act Amendment Updates

20 March 2009

In May 2008, the Lacey Act was amended to make it illegal to import to or export from the United States, or purchase in interstate or foreign commerce, any ‘plant’, as defined in the Act.  The definition of ‘a plant’ includes a broader range of plants and plant products, including timber deriving from illegally harvested plants.

In further refining this definition, the U.S. Animal and Plant Health Inspection Service (APHIS) and Customs and Border Protection (CBP) have confirmed that the Lacey Act plant and plant product declaration requirements do not apply to packaging material used to support, protect or carry another item (unless the packaging material itself is the item being imported).

The Lacey Act declaration applies only to formal consumption entries of plant and plant products into the United States. The agencies specifically confirmed that the wood floors in cargo containers as well as all FROB, IE, or T&E cargo are exempt from the requirements.

APHIS recently published a notice that extends each of the phase-in periods from three to six months and includes for each compliance phase an affirmative list of products, identified by U.S. harmonized tariff system (HTS-US) chapter, for which a declaration must be filed. The first enforcement phase will begin on April 1, 2009 and will require importers to file electronic plant product declarations for HTS-US chapters 4401, 4403, 4404, 4406, 4407, 4408, 4409, 4417, and 4418. CBP has confirmed that its electronic system (the Automated Broker Interface) will be ready to receive electronic importer declarations by 1 April 2009.

For further information we recommend reference to APHIS and US CBP.