Lacey Act Declaration Phase IV Enforcement Starts April 1 (Next Phase Could be Announced)

(Phase I (December 15, 2008) was an outreach period. Phase II (April 1, 2009) and Phase III (October 1, 2009) covered a number of HTS Chapter 44 subheadings and items.)

Phase IV Enforcement to Include Portions of 8 HTS Chapters

Phase IV enforcement includes subheadings from eight different HTS Chapters. APHIS sources note that no subheadings will be added to Phase IV, which begins April 1. (It is unlikely any subheadings will be dropped from Phase IV at this late date.)

Phase IV is expected to expand APHIS' enforcement of the Lacey Act Declaration to the following HTS subheadings in the listed chapters:

Ch. 44 - 4421 (other articles of wood)

Ch. 66 - 6602 (walking sticks, whips, crops)

Ch. 82 - 8201 (hand tools)

Ch. 92 - 9201 (pianos), 9202 (other stringed instruments)

Ch. 93 - 9302 (revolvers and pistols), 9305.10.20 (parts and accessories for same)

Ch. 94 - 9401.69 (seats with wood frames)

Ch. 95 - 9504.20 (articles and accessories for billiards)

Ch. 97 - 9703 (sculptures)

A Subsequent Enforcement Phase Could be Announced Soon

According to APHIS sources, APHIS is required to give six months advance notice for any new phase of its enforcement schedule for the Lacey Act Declaration. This means that If APHIS wanted to begin a Phase V on October 1, 2010, it would have to announce the subheadings to be included in Phase V by approximately April 1.

List of Subheadings APHIS is Considering for Subsequent Enforcement Phases

In an earlier notice, APHIS sought comments on whether to enforce the Lacey Act Declaration for the following HTS chapters/subchapters, for phases after Phase IV:

Ch. 44

1. 5 (wood wool (excelsior))
2. 0 (particle board)
3. 1 (fiberboard of wood)
4. 3 (densified wood)
5. 5 (packing cases, boxes, crates, drums)
6. 6 (casks, barrels, vats, tubs)

Ch. 47

1. 1 (mechanical wood pulp)
2. 2 (chemical wood pulp, dissolving)
3. 3 (chemical wood pulp, sulfate)
4. 4 (chemical wood pulp, sulfite)
5. 5 (combination mechanical and chemical)

Ch. 48

1. 1 (newsprint)
2. 2 (uncoated writing paper)
3. 3 (toilet or facial tissue stock)
4. 4 (uncoated kraft paper)
5. 5 (other uncoated paper and board)
6. 6 (vegetable parchment, etc.)
7. 7 (composite paper and board)
8. 8 (corrugated paper and board)
9. 9 (carbon paper)
10. 0 (coated paper and board)
11. 1 (paper coated, etc.)

Ch. 66

1. 1 (umbrellas)
2. 3 (umbrella parts)

Ch. 92

1. 5 (wind musical instruments)

Ch. 94

1. 1 (seats)
2. 0.30 (wooden office furniture)
3. 3.40 (wooden kitchen furniture)
4. 3.50 (wooden bedroom furniture)
5. 3.60 (other wooden furniture)
6. 3.81 (furniture of cane, osier, bamboo, rattan, or similar materials)

Ch. 95

1. 4 (articles for arcade, table, or parlor games)

APHIS Also Considering Requiring Declaration for Additional Goods

In addition, APHIS was considering the applicability of the declaration requirement to additional goods classified under the following HTS Chapters:

Ch. 48 (Paper & Articles of)

Ch. 82 (Tools, Implements)

Ch. 89 (Ships, Boats, & Floating Structures)

Ch. 93 (Arms and Ammunition)

Ch. 94 (Furniture, etc.)

Ch. 95 (Toys, Games, & Sporting Equipment)

Ch. 96 (Brooms, Pencils, Buttons)

(See ITT's Online Archives or 03/01/10 news, 10030115, for BP summary of February 2010 version of APHIS' Lacey Act Primer. See ITT's Online Archives or 01/04/10 news, 10010410, for BP Update on Lacey Act Declaration: Primer, PPQ 505, Blankets, Etc.

See ITT's Online Archives or 12/09/09 news, 09120910, for BP summary of APHIS Guidance on Lacey Act Declaration for Chapter 44 articles containing composite/recycled/reused materials

See ITT's Online Archives or 09/02/09 news, 09090205, for BP summary of APHIS revisions to its Lacey Act Declaration Phase-In Schedule, discussions of Group Designations, Etc.)

(The Lacey Act (16 USC 3371 et seq.) combats trafficking in "illegal" wildlife, fish, or plants. The Food, Conservation, and Energy Act of 2008 amended the Lacey Act by making 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 U.S., 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 U.S. and provides for both civil and criminal penalties for failure to comply.)