CBP Announces May 1 Enforcement of Lacey Act Declaration for Chapter 44 (Begins Related Pilot for Line Release/BRASS)

The guidance includes new requirements for those currently participating in the Automated Line Release (ALR)/Border Release Advance Screening and Selectivity (BRASS) program that must also file a Lacey Act declaration during the first phase of the declaration's enforcement, which covers certain HTS Chapter 44 items².

Important - BP is checking with CBP to learn its instructions for ALR/BRASS participants entering subject Chapter 44 items during the month of May 2009, and will provide an update when new information is available.

(In February 2009, the Animal and Plant Health Inspection Service published a revised, phased-in enforcement plan for the Lacey Act declaration. Under this plan, the first phase of enforcement would have begun on April 1, 2009 for certain headings of HTS Chapter 44. However, CBP needed more time to make adjustments to ALR/BRASS, and enforcement of the declaration requirement for HTS Chapter 44 was delayed until May 1. However, CBP's acceptance of the declaration (for any product subject to the declaration requirement) still began on April 1 as scheduled.)

Key sections of this guidance state the following:

Enforcement of Declaration for HTS Chapter 44 Begins May 1st

As previously published, CBP states that enforcement of the Lacey Act declaration requirement begins on May 1, 2009 [for certain HTS Chapter 44 items]. The 30-day delay of enforcement has allowed the government time to formulate a plan for integrating the Lacey declaration requirement into CBP's expedited border release program ALR/ BRASS. This plan is presented below.

ALR/BRASS Participants Must Join New Pilot or Be Removed from ALR/BRASS

CBP states that the government is beginning a pilot program on May 1, 2009, for those entities currently participating in ALR/BRASS whose products require a Lacey Act declaration during the current phase of enforcement.

Under this pilot, the participant must make a choice as to whether to remain active in the expedited program or to be removed from the expedited program.

For Those Opting for Removal, C4 to be Deactivated on June 1st

If a participant opts to be removed from the expedited program, no further action is necessary. Effective June 1, 2009, that participant's C4 code will be deactivated.

(According to 19 CFR 142.43, a C-4 Code (Common Commodity Classification Code), is a unique code identifying the shipper or manufacturer, importer, entry filer, and the product; it is assigned by CBP.)

For Those Joining Pilot, First Estimated PPQ 505 Due May 15th for June, Etc.

If a participant opts to remain in the expedited release program, a two-step process must be completed.

Step 1

The participant must file with APHIS an advance estimated PPQ 505. Initially, and for purposes of this pilot, the estimated PPQ 505 must be filed on a monthly basis. It must include all data elements required on the PPQ 505. Genus, species, value, and quantity fields should be an estimation of the participant's planned imports during the next calendar month. The estimated PPQ 505 must be filed on or before the 15th day of the month prior to the reporting period. The deadline for the first estimated PPQ 505 is May 15, 2009, covering expedited release shipments planned for the month of June 2009.

Step 2

The participant must file with APHIS reconciliation within 15 days after the end of the month. This reconciliation will be submitted in a format to be established and made available on the APHIS website. The reconciliation will provide information on the actual shipments made during the previous month. The deadline for the first reconciliation is July 15, 2009.

As an example, if a participant in ALR/BRASS that is required to make a Lacey Act declaration wishes to remain in an expedited program for the month of June 2009, the participant must file an estimated PPQ 505 with APHIS no later than May 15, 2009, for the covered products that the participant expects to import during the month of June. The participant must then also file a reconciled PPQ 505 with APHIS no later than July 15, 2009.

This process must be completed monthly during the pilot. The U.S. government will rely on the collected data in its reports to Congress and in determining possible refinements and extensions to enlarge the process and make it less burdensome for all involved.

If Paper Declarations Used, Must be in Entry Package for Release

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.

After release, filer must mail paper declaration to USDA. If a paper PPQ 505 - Plant Product Declaration 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 U.S. Department of Agriculture. CBP will not mail forms to USDA.

Remote Location Filing allowed.CBP continues to state that electronic filing of the PPQ 505 declaration will not preclude remote location filing (RLF).

Providing False Information May Result in Seizure, Forfeiture, Etc.

As a reminder, CBP states that 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.

¹PPQ 505: Plant Product Declaration. A declaration is required to obtain release of a covered product. 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. Additional information on how to electronically file the PPQ 505 data can be found in the Participating Government Agencies chapter in the Customs and Trade Automated Interface Requirements (CATAIR) on CBP.gov. An importer has the option to complete and present a paper PPQ 505 for each line. If a paper form of the PPQ 505 is used, the importer must mail the form to USDA at the address on the form.

² The first enforcement phase covers certain HTS Chapter 44 headings only: 4401 (Fuel wood), 4403 (Wood in the rough), 4404 (Hoopwood, poles, posts, stakes), 4406 (Railway and tramway sleepers), 4407 (Wood sawn or chipped lengthwise), 4408 (Sheets for veneering), 4409 (Wood continuously shaped), 4417 (Tools, tool handles, broom handles), 4418 (Builders' joinery).

(See ITT's Online Archives or 04/03/09 news, 09040310, for BP summary stating that "intended use" is now optional on the electronic declaration. The instructions on the paper declaration state "intended use" should be supplied if known.)

See ITT's Online Archives or 03/30/09 news, 09033005, for BP summary stating that enforcement of Lacey Act declaration for first phase items is delayed until May 1, 2009.

See ITT's Online Archives or 03/25/09 news, 09032540 for BP summary stating USDA's GRIN Plant Taxonomy is better than its "Plant Look Up"

See ITT's Online Archives or 03/20/09 news, 09032010, for BP summary of CBP's sample message sets for the new PGA records for the electronic submission of the declaration. See ITT's Online Archives or 02/19/09 news, 09020305, for BP summary on new CBP PGA CATAIR Chapter for Lacey Act and other PGA information.

See ITT's Online Archives or 02/03/09 news, 09020305, for BP summary of APHIS revision to its enforcement phase-in plan.)

CBP contact: Anne Rothrock (202) 863-6573

CBP guidance (dated 04/30/09) available at http://www.cbp.gov/xp/cgov/trade/trade_programs/entry_summary/laws/food_energy/amended_lacey_act/guidance_lacey_act.xml