Enforcement of Lacey Act Declaration for Certain Chapter 44 Items Delayed Until May 1st (Electronic Submission Available April 1st)
U.S. Customs and Border Protection and the Animal and Plant Health Inspection Service have issued instructions regarding the submission of the automated and paper versions of the Lacey Act Amendments Plant and Plant Products Declaration (PPQ 505).
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These instructions, transcribed in part below, include the following:
Electronic Submission of Lacey Act Declaration
CBP has automated the process for collecting the PPQ 505 data elements. Data will be transmitted to CBP's Automated Commercial System (ACS) through the Automated Broker Interface (ABI) in the cargo release module. Electronic filing of the PPQ 505 declaration will not preclude remote location filing.
Acceptance begins April 1. Electronic submission of the required data elements will be accepted starting April 1, 2009. Enforcement of the data collection requirement will begin May 1, 2009. Importers are encouraged to use the 30-day period starting April 1, 2009, for live testing of the electronic system. The government will rely on the data collected in its reports to Congress and in determining if any refinements to the electronic system are needed.
Enforcement begins May 1. The 30-day delay of enforcement, until May 1, 2009, will allow the government time to complete its work on integrating the Lacey declaration requirement into CBP's expedited border release programs. It is not anticipated that enforcement of subsequent phases will be delayed.
Paper Submission of Lacey Act Declaration Also Accepted
An importer has the option to complete and present a paper PPQ 505 for each line. Enforcement will begin May 1, 2009. If a paper form of the PPQ 505 is used, the importer must mail the form to APHIS at the address on the form. The PPQ Form 505 states that the paper form must be mailed to APHIS after CBP clears the merchandise.
CBP Expects Most Importers to File Electronically
CBP expects and urges most importers to use the electronic system to file the declaration. If an entry package is presented to CBP to obtain release, the CBP 3461 form will be annotated in Box 29 to indicate "PPQ 505-Paper" if the declaration is presented in paper or "PPQ 505-ABI" if the declaration information was submitted electronically. If a paper form is submitted to CBP as part of the entry package, the paper form will be returned to the importer (or importer's representative) for mailing to APHIS. CBP will not mail forms to APHIS.
As a reminder, providing false or misleading information to the U.S. government can result in civil or criminal actions against any involved party and may result in the seizure and forfeiture of the merchandise.
Enforcement of Declaration to Begin with Certain HTS Chapter 44 Items
Enforcement of the declaration requirement (first enforcement phase) will begin with the HTS Chapter headings below (additional chapters are scheduled for enforcement starting October 1, 2009 and April 1, 2010).
HTS Brief description
- 1 Fuel wood
- 3 Wood in the rough
- 4 Hoopwood, poles, posts, stakes
- 6 Railway and tramway sleepers
- 7 Wood sawn or chipped lengthwise
- 8 Sheets for veneering
- 9 Wood continuously shaped
- 7 Tools, tool handles, broom handles
- 8 Builders' joinery
(The Lacey Act Amendments made it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce a broader range of plants, with some limited exceptions, taken or traded in violation of the laws of the United States, a U.S. State, or other countries. It also made it unlawful to make or submit any false record, account or label for any false identification of, this broader group of plants covered by the Act. Finally, it introduced the requirement for an import declaration for plants entering the United States and provides for both civil and criminal penalties for failure to comply.)
(See ITT's Online Archives or 03/20/09 news, 09032005, for BP summary stating declaration needed at release, etc. See ITT's Online Archives or 03/25/09 news, 09032515, for BP summary on APHIS revised instructions for PPQ From 505. See ITT's Online Archives or 03/26/09 news, 09032605, for BP summary stating declaration's enforcement may be delayed for rail and truck.)
CBP contact - Anne Rothrock (202) 863-6573
CBP notice available at http://www.cbp.gov/xp/cgov/trade/trade_programs/cargo_summary/laws/food_energy/amended_lacey_act/guidance_lacey_act.xml
(an identical CSMS message 09-000138 (dated 03/27/09) and APHIS notice at http://www.aphis.usda.gov/plant_health/lacey_act/downloads/lacey_trade6.1.pdf were also posted.)