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Import Declaration Required for Plants, Plant Products Entered from FTZs and Warehouses

Friday, June 17, 2016
Sandler, Travis & Rosenberg Trade Report

Lacey Act import declarations are required for formal consumption entries of plants and plant products entered into the U.S. from foreign-trade zones and bonded warehouses but are not required for admission into such facilities, according to a new notice from the Department of Agriculture’s Animal and Plant Health Inspection Service.

As amended in 2008, the Lacey Act requires imports of certain plants and plant products to be accompanied by an import declaration that contains, among other things, the scientific name of the plant, the value of the importation, the quantity of the plant and the name of the country where the plant was harvested. For paper and paperboard products containing recycled content, the declaration also must include the average percent of recycled content without regard for species or country of harvest. Click here for the most recent list of plants and plants products subject to the import declaration requirement.

In February 2009 APHIS announced that it would be enforcing the declaration requirement only as to formal consumption entries (i.e., most commercial shipments) and not with respect to informal entries (i.e., most personal shipments), personal importations, mail (unless subject to formal entry), transportation and exportation entries, in-transit movements, carnet importations (i.e., merchandise or equipment that will be re-exported within a year), and FTZ and bonded warehouse entries.

However, APHIS has found that in certain instances a declaration has not been filed for plants or plant products entered from FTZs or bonded warehouses. APHIS states that this “is not in conformity with the purpose and intent of the Lacey Act” and that its February 2009 notice meant only that no declarations are required for admission into an FTZ or bonded warehouse.

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