CBP & APHIS Say Lacey Act Declaration Needed at Release, Line Release Not Allowed, "Use" Data Element Now Optional
U.S. Customs and Border Protection has made available through a recent Webinar1 a March 17, 2009 PowerPoint presentation containing updated information on the Lacey Act Amendments declaration requirement for imported plant and plant products.
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In addition, CBP officials and officials from the Animal and Plant Health Inspection Service commented during the Webinar and afterwards on the Lacey Act Declaration requirements.
Highlights from the PowerPoint presentation and officials' comments include the following:
Declaration Needed to Release Goods, Cannot be Filed at Entry Summary
CBP officials have stated that the Lacey Act Amendments actually require the declaration upon importation, which they interpret to mean the declaration must be received before the goods are released, rather than when the entry summary information is submitted (approximately 10 days later).
BRASS and Line Release Not Allowed
According to CBP's PowerPoint presentation and officials' comments, for importations where the Lacey Act Amendments declaration is being enforced (enforcement begins April 1, 2009 for certain HTS Chapter 44 articles), filers will not be able to utilize BRASS (Border Release Advanced Screening and Selectivity) or Line Release.
PPQ Form 505 "Use" Not Required if Unknown
APHIS officials indicate that PPQ Form 505 (Plant and Plant Product Declaration Form) has been revised to state that for the "description of the merchandise" field, the use of the merchandise is not required if it is unknown. (Certain other modifications are also made to the form.)
GRIN Taxonomy for Plants Better Than "Plant Look Up"
According to APHIS sources, the USDA's GRIN (Germplasm Resources Information Network) for Plants is a better tool for helping to determine the correct Genus and species of plants than the Plant Genus and Species Look Up provided on APHIS' Lacey Act Webpage.
The official notes that the geographic coverage of the Plant Genus and Species Look Up is limited to North America for certain plants, and the U.S. and its Caribbean territories for others.
CBP Provides Initial Trade Instructions, FurtherGuidance Expected Next Week
CBP has posted an initial set of trade instructions stating that it intends to complete automation of the process for collecting the declaration data elements and be prepared to accept data through ABI beginning April 1, 2009. CBP expects most importers to use the electronic system to file the declaration.
CBP states that technical requirements may be found in the PGA Chapter of the CATAIR. CBP adds that non-technical guidance for the trade will be posted next week.
APHIS Official Says Certain Decisions May be 'Fluid'
In addition, an APHIS official noted that some decisions regarding the Lacey Act Amendments have generated controversy and may be 'fluid.'
(Trade sources indicate that the loss of Line Release would significantly affect rail cargo. In addition, The Forest Products Association of Canada is advocating that the Lacey Act Amendments declaration be provided electronically as part of, or at the same time as, the entry summary information.)
1The Webinar was held by the National Customs Brokers and Forwarders Association of America (NCBFAA)
(See ITT's Online Archives or 02/03/09 news, 09020305, for BP summary of APHIS' enforcement phase-in schedule for the declaration. See ITT's Online Archives or 02/27/09 news, 09022710, for most recent BP summary on the new CATAIR Chapter on the PGA data set. See ITT's Online Archives or 03/20/09 news, 09032005, for BP summary on CBP's sample declaration message sets.)
CBP's ACE Update (information on electronic Lacey Act Amendments Declaration) dated 03/17/09, available by sending email to documents@brokerpower.com; see page 13 for note on line release.
CBP guidance (dated 03/19/09) available at http://www.cbp.gov/xp/cgov/trade/trade_programs/cargo_summary/laws/food_energy/amended_lacey_act/guidance_lacey_act.xml
GRIN Taxonomy for Plants (best source) available at http://www.ars-grin.gov/cgi-bin/npgs/html/index.pl
Look Up Plant Genus and Species (limited scope) available at http://plants.usda.gov/classification.html
Revised PPQ Form 505 available at http://www.aphis.usda.gov/plant_health/lacey_act/downloads/declarationform.pdf
Forest Products Association of Canada position paper (issued 03/18/09) available by sending email to documents@brokerpower.com