APHIS Issues Filing Instructions, Form for the Lacey Act Line Release/BRASS Pilot

The pilot is initially open to those entities currently participating in CBP's expedited border release program, Automated Line Release (ALR) or Border Release Advance Screening and Selectivity (BRASS)¹, whose products require a Lacey Act declaration during the current phase of enforcement. (The current phase is limited to nine headings in Chapter 44 (wood and articles of wood).)

The pilot will test the feasibility of collecting the information required through the use of a periodic "blanket" declaration, with subsequent reconciliation reports. Eligible entities who wish to participate in the pilot must contact APHIS² and formally request consideration and agree to provide information as required by the pilot program. Those that do not wish to participate will be removed from the expedited program, and will have their C4 code deactivated on June 1, 2009.

(APHIS states it will implement the pilot program using a two step process. In Step 1, the ALR/BRASS participant will file with APHIS an advance estimated PPQ 505 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. For Step 2, the participant must file with APHIS a reconciliation report within 15 days after the end of the month, for the previous month, that provides information on the actual shipments made. The deadline for June's reconciliation is July 15, 2009.)

APHIS' filing instructions for participants in the blanket declaration pilot program include:

Blanket Declaration

1. The blanket declaration will serve as an estimate of all the shipments to be made during the declared month.

2. A blanket declaration (also known as an estimated PPQ 505) must cover a one-month period of time, beginning on the first day of the month to be declared until the last day of the month.

3. The blanket declaration must be received by APHIS officials before the first day of the month to be declared.

4. The blanket declaration is to be submitted using the PPQ 505 form which can be found on the APHIS website. http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml

5. In Box 2 "Entry Number," enter "Estimated 505" followed by the normal description data required by the form³.

6. Complete all information in the PPQ 505 form, including article, scientific name, and country of harvest categories. Estimate the quantity and value of the products that will be imported.

7. To ensure compliance, the quantity and value declared should be an overestimate of the expected amount; however, estimations should be reasonable and not gross exaggerations. Estimations will be analyzed and membership in this pilot program may be revoked for those who repeatedly submit grossly inaccurate estimates.

8. The blanket declaration must be submitted in paper form and mailed to:

Lacey Act

c/o U.S. Department of Agriculture

Box 10

1. 0 River Road

Riverdale, MD 20737

Declaration Reconciliation

1. Once the blanket declaration has been filed, importers have until the 15th day of the month following the declared month to submit a reconciliation. The reconciliation includes the actual data from the shipments during the time period covered by the estimated PPQ 505.

2. The reconciliation is in Excel format and is supplied on the APHIS website along with a sample form. http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml

3. The importer is required to fill out each line of the declaration reconciliation. Specific field instructions can be found below.

4. Each line in the reconciliation Excel worksheet represents a maximum of one shipment. Leave no blank fields. If a field is not applicable to the line being entered, enter "N/A".

5. A single shipment may require several lines to report if the shipment includes multiple products or plant types.

6. If multiple products are in one shipment, enter one product per line. All of the related shipment information must be entered in each line.

7. If a product contains multiple types of plant material, each type must be listed on a separate line. All of the related shipment and product information must be entered in each line.

8. Save the Excel file in the following format:

Date of Blanket Declaration (YYYY-MM-DD) dash e505 dash c4 code dot xls

(e.g., "2009-04-29-e505-0123.xls")

9. Email Blanket Declarations to the following address: declaration.reconciliation@aphis.usda.gov

Instructions for Completing Each Field

Instructions for completing each of the 30 fields of the Excel Reconciliation spreadsheet are also listed (see notice for instructions for completing each field).

APHIS' heading for each of the 30 fields are (listed left to right):

¹Though some still use the term Line Release, CBP states that the BRASS system replaced the former Line Release system. BRASS tracks and releases repetitive shipments at land border locations.

²APHIS and U.S. Customs and Border Protection documents at various times also state to contact APHIS and CBP to participate in the program.

³This is an update to what was advised earlier, where Box 10 (description of merchandise) was to be used.

(In February 2009, APHIS 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, enforcement of the declaration requirement for HTS Chapter 44 was delayed until May 1. CBP then further delayed enforcement of the declaration for ALR/BRASS participants until June 1, 2009, to give these participants the option to participate in a Blanket Declaration Pilot Program. Note that acceptance of the electronic declaration began on April 1 as scheduled. In addition, the prohibition of violative imports took effect on May 22, 2008.

The 2008 Farm Bill (the Food, Conservation, and Energy Act of 2008), effective May 22, 2008, amended the Lacey Act to make 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 09051105, for earlier BP summary on these instructions. See ITT's Online Archives or 05/06/09 news, 09050600, for BP summary on 30-day enforcement delay, until June 1, for ALR/BRASS participants.)

APHIS instructions for the pilot program's forms (posted 05/12/09), available at http://www.aphis.usda.gov/plant_health/lacey_act/downloads/Instructions.pdf

Blanket declaration reconciliation spreadsheet (with 30 headings, posted 05/12/09) available at http://www.aphis.usda.gov/plant_health/lacey_act/downloads/BlanketDeclarationReconciliation.xls

Sample blanket declaration reconciliation (posted 05/12/09) available at http://www.aphis.usda.gov/plant_health/lacey_act/downloads/BlanketDeclarationReconciliationSample.xls

General instructions on pilot (posted 05/05/09) available at http://www.aphis.usda.gov/plant_health/lacey_act/downloads/PilotProgramAnnoucement.pdf