Background

The Department of Agriculture’s Animal and Plant Health Inspection Service has announced that the next expansion of the requirement for a Lacey Act import declaration, which had been planned for Oct. 1, 2020, is now slated to begin Oct. 1, 2021. For more information on this requirement, please contact Ned Steiner at (202) 730-4970 or via email.

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. Enforcement of the import declaration requirement began April 1, 2009, and has been expanded several times since, most recently in 2015.

APHIS now intends to extend this requirement to the products listed below 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) has been removed due to concerns that this number may not provide sufficient specificity and could result in both deliberate and unintentional inaccuracies in product classification.)

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.)

(APHIS reiterates that it will only require a declaration for new products in HTSUS 4415 that are formally entering the U.S. and not for used, recycled, or reclaimed pallets or pallets, whether empty or under load, that are used to carry goods imported into the U.S.)

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 9209.99.2000 (parts and accessories for bagpipes)

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

- HTSUS 9209.99.8000 (other)

Chapter 96 (miscellaneous manufactured articles)

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

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