Lacey Act Phase 6 Enforcement to Begin 10/01/2021

Lacey Act Phase 6 Enforcement to Begin 10/01/2021

U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced the
implementation of Phase Six of the Lacey Act enforcement schedule will begin on October 1, 2021.

The Phase Six section of the act was delayed from the beginning on October 1, 2020, after industry associations, conservation organizations, importers, exporters, and representative foreign governments provided comments, the Agency postponed the enactment. Commenters were concerned that adding products under Harmonized Tariff Code 4415, which includes cases, boxes, crates, drums, containers, pallets, and box-pallets, and other solid wood packaging materials, would result in unnecessary burden and disruptions to international trade if the declaration requirement were enforced for these packaging materials. The postponement date from 2020 which delayed the enforcement has given stakeholders additional time to recover from the impacts of the pandemic and to prepare for implementation of the requirement.

The Act specifies that the plant import 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 (3372(f)(3). APHIS will only require a declaration for new products in Harmonized Tariff Code 4415, that are formally entering the United States.

Currently, Harmonized Tariff Code 3301.29.5150 – essential oils of “other” has been removed from reporting from the pending implementation phase, as commenters cautioned the code may not provide sufficient specificity and could result in both deliberate and unintentional inaccuracies. EY requirements in 2009.

These are the new HTS affected:

Ch. 33 Headings (Essential Oils) 

• 3301295109—essential oils of cedarwood 
• 3301295121—essential oils of linaloe or bois de rose 
• 3301295139—essential oils of sandalwood 

Ch. 42 Headings (Trunks, Cases, Suitcases) 

• 4202292000—trunks, cases, and suitcases of wood 
• 4202992000—other, of wood, not lined 
• 4202993000—other, of wood, lined 

Ch. 44 Headings (Wood and Articles of Wood) 

• 441012—oriented strand board (OSB) 
• 4415—cases, boxes, crates, drums, containers, pallets, box-pallets, etc.  
  • Please note that NEW WOODEN PALLETS imported on their own (not as part of the packaging for a commodity) would require declaration. 
  • USED wooden pallets can be disclaimed. Again, this is for pallets that are being imported separately, not those used as packaging within a shipment. 

Ch. 92 Headings (Musical Instruments) 

• 9205902000—wind musical instruments: bagpipes 
• 9205904020—clarinets 
• 9205904080—other (woodwind instruments) 
• 9205904060—flutes and piccolos 
• 9206002000—drums 
• 9207900040—musical instruments (fretted string instruments) 
• 9209.92—parts and accessories for musical instruments of heading 9202 
• 9209992000—parts and accessories for bagpipes 
• 9209994040—parts and accessories for other woodwind instruments 
• 9209998000—other 

Ch. 96 Headings (Miscellaneous Manufactured Articles) 

• 9620005500—monopods, bipods, tripods, and similar articles of wood 

To view the notices and the comments APHIS received, go to http://www.regulations.gov and enter APHIS-2008-0119-0329 in the search field. Additional information regarding “Do I need a Lacey Act Declaration?” can be located on the www.aphis.usda.gov website version July 21, 2021.

Please contact your Western Overseas Representative with any questions.