New APHIS Guidance on Lacey Act Declaration for Chapter 44 Articles Containing Composite/Recycled/Reused Materials
The Animal and Plant Health Inspection Service posted new guidance in November 2009 on filing Lacey Act Declarations for articles containing composite, recycled, or reused materials.
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Delay in Enforcement of Declaration for Composite/Recycled/Reused Materials
In September 2009, APHIS announced it was delaying enforcement of the declaration requirement for composite and recycled or reused materials (e.g., medium density fiberboard (MDF1), particleboard2, and scrap wood) to no earlier than September 2010, due to the difficulty of identifying such materials to the genus and/or species level. The delay gives the Federal Government more time to evaluate options for enforcing the declaration for these goods.
Some Products Subject to Phase III Enforcement That Began Oct 1 Contain These Materials
However, once APHIS began to enforce the declaration requirement for five additional Harmonized Tariff Schedule headings3 under Chapter 44 (wood and articles of wood) on October 1, 2009 (Phase III), it found that some of these products are composed entirely or in part of composite, recycled, and/or reused materials.
Declaration to be enforced. As they are Phase III products, APHIS states that importers must still file a Lacey Act declaration.
Instructions. For products composed entirely of composite, recycled, and/or reused materials, APHIS is instructing importers to only indicate the type of material (e.g., MDF) under "Plant Scientific Name" rather than the genus and species. The "Country of Harvest" is not required.
For products of mixed composition, an importer must follow the above instructions for the components of composite, recycled, or reused materials, but must indicate the genus, species, and country of harvest for all other product components.
APHIS provides the following illustration for a mixed wooden picture frame made of MDF with cherry wood veneer:
| Article/Component of Article | Plant Scientific Name | Country of Harvest | Quantity of Plant Material | Unit of Measure |
| Frame Core Material | MDF | N/A | 1,000 | kg |
| Cherry Wood Veneer | Prunus avium | USA | 100 | kg |
1According to Wikipedia, MDF is an engineered wood product formed by breaking down hardwood or softwood residuals into wood fibres, often in a defibrator, combining it with wax and a resin binder, and forming panels by applying high temperature and pressure. The comparison between MDF and plywood is that MDF is much stronger and denser.
2Particle board, according to Answers.com, is a structural material made of wood fragments, such as chips or shavings, which are mechanically pressed into sheet form and bonded together with resin.
3Phase III of APHIS' enforcement of the Lacey Act declaration consists of headings 4402, 4412 (except 4412.99.06 and 4412.99.57), 4414, 4419, and 4420.
(See ITT's Online Archives or 09/02/09 news, 09090205, for BP summary of September 2, 209 APHIS notice revising its enforcement phases and other parameters.)
APHIS guidance (posted November 2009) available at http://www.aphis.usda.gov/plant_health/lacey_act/downloads/Guidance-for-CompositeMaterials.pdf