APHIS Expected to Revise Lacey Act Declaration Enforcement Before Next Phase Begins Oct 1, Etc.
The Animal and Plant Health Inspection Service is expected to publish a Federal Register notice containing revised enforcement requirements for the Lacey Act Declaration for plants and plant products before October 1, 2009, the date the next phase of implementation is scheduled to begin1.
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The details of these changes are not yet available, with sources noting that the changes may remain fluid until shortly before the notice is issued, as was the case when APHIS revised its Lacey Act Declaration enforcement plan earlier this year. (See ITT's Online Archives or 02/03/09 news, 09020305, for BP summary.)
APHIS, Others Working on Improvements to Declaration's Enforcement
Sources state that APHIS and others on the Interagency Task Force on the Lacey Act Amendments have been working on their own set of improvements for enforcing the declaration requirements.
In addition, APHIS sources state that they are well-acquainted with the recommendations contained in a July 2009 consensus statement issued by 47 trade associations and non-governmental organizations (NGOs).
(Some of the "business friendly" changes recommended in the consensus statement include a blanket declaration option for C-TPAT importers, species groupings at the genus level, limiting the current phase-in schedule to products/components of solid wood, voluntary declarations for engineered composites and manufactures, etc. See ITT's Online Archives or 07/21/09 news, 09072105, for BP summary of the consensus statement.2)
Definition of "Common Food Crops" and "Common Cultivars" Now Viewed as Significant, Will Take Longer
The definitions of the terms "common food crops" and "common cultivars" (except trees) that are exempt from the Lacey Act declaration requirements were expected to be published in a rulemaking (likely an interim final rule) earlier this year. However, APHIS sources state that this is now viewed as a significant rule and the process for publication is a much longer one.
(In October 2008, officials noted at a public meeting that anything that is consumed by humans as food (including wine) is expected to be excluded as a common food crop. Common cultivar exclusions are expected to include cotton and tobacco (and their products). See ITT's Online Archives or 10/27/08 news, 08102705, for BP summary.)
ALR/BRASS Pilot Has Been Unsuccessful
U.S. Customs and Border Protection sources stated that the Automated Line Release/Border Release Advance Screening and Selectivity (ALR/BRASS) pilot program is not going well. CBP sources added that 85 filers had submitted requests to reconcile, but only 15 actually filed their first reconciliations.
As a result, CBP is strongly considering deactivating the C-4 codes of those who did not file and such deactivations could occur soon.
APHIS Overwhelmed with Paper Declarations, No Timeline for CBP to Upgrade Software for Electronic Filing
Regarding the filing of paper Lacey Act declarations, sources note that APHIS is receiving approximately 1,000 declarations a week, but has only entered about 1,000 of them into their computer system due to a lack of manpower.
With respect to the electronic Lacey Act declaration, CBP sources state that there is currently no timeline for upgrading the software to include features allowing for corrections, rejections, a tariff number match-up, etc. (See ITT's Online Archives or 02/27/09 news, 09022710, for BP summary.)
1According to APHIS' previous announcement, Phase III of enforcing the Lacey Act declaration is scheduled to begin on October 1, 2009, and would include the Chapter 44 headings not included in Phase II as well as Chapter 47 headings 4701 - 4705. Note that sources have stated that composite products are still problematic.
2See ITT's Online Archives or 11/12/08 news, 08111205, for BP summary of earlier congressional recommendations for enforcement of the Lacey Act declaration.