Background

The Department of Agriculture’s Animal and Plant Health Inspection Service has announced plans to require a Lacey Act import declaration for additional products beginning Oct. 1, 2020. Comments on this proposal are due no later than June 1.

For more information, please contact trade consultant Ned Steiner at (202) 730-4970.

The Lacey Act makes it unlawful to import certain plants, including plant products, without an import declaration that contains the scientific name of the plant, value of the importation, quantity of the plant, and name of the country from which the plant was harvested. For paper and paperboard products containing recycled content, the declaration must also include the average percent of recycled content without regard for species or country of harvest. The declaration requirement does not apply to plants used exclusively as packaging material to support, protect, or carry another item unless the packaging material itself is the item being imported.

Enforcement of the import declaration requirement began April 1, 2009, and has been expanded several times since, most recently in 2015. APHIS is now proposing to extend this requirement to the following products as of Oct. 1.

Chapter 33 (essential oils)

- HTSUS 3301.29.5109 (essential oils of cedarwood)

- HTSUS 3301.29.5121 (essential oils of linaloe or bois de rose)

- HTSUS 3301.29.5139 (essential oils of sandalwood)

- HTSUS 3301.29.5150 (other essential oils)

Chapter 42 (trunks, cases, suitcases)

- HTSUS 4202.29.2000 (trunks, cases, and suitcases of wood)

- HTSUS 4202.99.2000 (other, of wood, not lined)

- HTSUS 4202.99.3000 (other, of wood, lined)

Chapter 44 (wood and articles of wood)

- HTSUS 4410.12 (oriented strand board)

- HTSUS 4415 (cases, boxes, crates, drums, containers, pallets, box-pallets, etc.)

Chapter 92 (musical instruments)

- HTSUS 9205.90.2000 (bagpipes)

- HTSUS 9205.90.4020 (clarinets)

- HTSUS 9205.90.4080 (other woodwind instruments)

- HTSUS 9205.90.4060 (flutes and piccolos)

- HTSUS 9206.00.2000 (drums)

- HTSUS 9207.90.0040 (fretted string instruments)

- HTSUS 9209.92 (parts and accessories for musical instruments of heading 9202)

- HTSUS 9209.92.8000 (parts and accessories for musical instruments)

- HTSUS 9209.99.2000 (parts and accessories for bagpipes)

- HTSUS 9209.99.4040 (parts and accessories for other woodwind instruments)

- HTSUS 9209.99.8000 (parts and accessories for musical instruments of heading 9202, other)

Chapter 96 (miscellaneous manufactured articles)

- HTSUS 9620.00.5500 (monopods, bipods, tripods and similar articles of wood)

APHIS is also accepting comments on whether any other products should be included in this next phase of enforcement.

Readers are reminded that a USDA rule narrowing the Lacey Act import declaration requirement for goods containing a small amount of plant material will take effect April 1.

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