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CBP Announces New PGA CATAIR Chapter to Allow CBP to Collect Lacey Act Data

U.S. Customs and Border Protection has issued a CSMS regarding the new Participating Government Agencies Customs and Trade Automated Interface Requirements (CATAIR) chapter that it recently posted to its Web site.

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According to CBP, this chapter contains a PG data set that is designed for two purposes: (1) to begin the development of a universal Participating Government Agency data set; and (2) to allow CBP to meet the data collection [declaration] requirements as determined by the Lacey Act.

Lacey Act Requirements to be Automated According to APHIS Phase-in Schedule

CBP will phase-in automation of the Lacey Act declaration requirements in the Automated Broker Interface (ABI) according to the Animal and Plant Health Inspection Service (APHIS) Lacey Act enforcement phase-in schedule. The PGA chapter states that during the initial phase (certain HTS Chapter 44 articles), the HTS will not have indicators attached to individual HTS numbers specifying the need for Lacey Act data.

CBP notes that ABI filers will need to follow APHIS' Federal Register notice outlining the phase-in schedule of the declaration requirements for goods of, or containing, plants or plant products. (See ITT's Online Archives or 02/03/09 news, 09020305, for BP summary of APHIS' enforcement phase-in schedule.)

CBP Intends to Automate, Make Process for Collection of Lacey Act Data Available on April 1st

CBP intends to automate and make the process available for data collection for the Lacey Act [declaration] data elements on April 1, 2009 in the Automated Commercial System (ACS). According to CBP, the Automated Commercial Environment (ACE) will automate this process at a later date.

Lacey Act Declaration Data Consists of Approximately 19 Data Elements

CBP states that the Lacey Act declaration data consists of approximately 19 data elements that need to be filed with the HI, HN (Cargo Release) and EI (Entry Summary). Cargo Release (Entry) and Entry Summary already capture some of the required information.

These data elements required by the Lacey Act are identified by an asterisk (*) in the new PGA CATAIR Chapter.

PG Data Set to be Used as Single Record Layout for All Trade Input for PGA Data

As CBP modernizes its computer system, the PG data set will be used as a universal single record layout for all input from the trade for PGA data. This data set will eventually replace other data sets such as the FD, DT and FC records.

The universal PG or data set will capture additional data elements such as intended use, description, name of constituent element, quantity of constituent element, unit of measure, percent of constituent element, PGA line value, scientific genus name, scientific species name, container number, and source type and source country code.

(The Lacey Act combats trafficking in "illegal" wildlife, fish, and plants. The 2008 Farm Bill amended the Lacey Act by expanding its protection to a broader range of plants and plant products. The Lacey Act, as amended, makes it unlawful to import certain plants and plant products taken or traded in violation of a U.S. State law or most foreign laws; prohibits the submission of false information for any plant (even if voluntarily submitted); and requires a declaration at time of importation for plants and plant products that fall under the scope of the declaration requirement.)

(See ITT's Online Archives or 02/10/09 news, 09021035 1, for BP summary announcing the addition of the PGA chapter.

See ITT's Online Archives or 12/19/08 news, 08121915, for BP summary of APHIS posting its Lacey Act plant and plant product declaration.)

CSMS 09-000092 (dated 02/18/09) available at http://apps.cbp.gov/csms/viewmssg.asp?Recid=17478&page=&srch_argv=09-000092&srchtype=all&btype=&sortby=&sby

PGA chapter (dated February 2009) available at http://www.cbp.gov/linkhandler/cgov/trade/automated/automated_systems/abi/catair/chapters/government_agencies.ctt/government_agencies.doc