APHIS Posts "Filled-out" Sample of New Lacey Declaration PPQ 505

U.S. Customs and Border Protection has stated that it expects and urges most importers to use the Automated Broker Interface (ABI) system to file the Lacey Act declaration electronically. APHIS adds that there is no need to file a paper declaration if an electronic version has been filed through the Customs system.

Changes Reflected in New PPQ 505

The new PPQ 505 Form is different from the old version in the following ways (partial list):

• The new version is in “landscape” format (horizontal), rather than a portrait format (vertical);
• The HTS number and entered value are no longer formatted as a single field each; they are now in the table, on a line-item basis (to use as needed), along with the articled/component, plant scientific name, etc. information (table now encompasses columns #11 -- 18).
• The number of rows in the table is now 5 (from 16), as there is now a supplemental form (PPQ 505B) if additional rows are needed.
• The entire PPQ 505 form is now on a single page (in the prior form, the form spanned two pages).
• There is now a space on the certification line where the preparer must provide his phone number, including area code.
• There are changes in the instructions as follows: (i) Field 3 -- container number additionally states that “If you have more than [one] container number in your shipment, check the “see attachment” box, and list all of the containers on a separate sheet. Attach the container list to the PPQ 505.” (ii) The example of declaration has been updated for the two fields that moved to the table (HTS number and entered value).
• At the end of the form, it additionally states that “You may use Form PPQ 505B should more space be required. Make as many copies as necessary.”

APHIS Has Advised Using Metric Units, Avoiding Semi-colons, Etc.

In August 2011, APHIS also issued several pointers for completing the new PPQ 505, including the following:

Determine scientific name, country of harvest. Common problems with the declaration include the obvious -- the need to determine the plant’s scientific name (the genus and species), and the country of harvest.

Use metric units of measure. Some filers are still using pieces and number instead of standard metric units, such as kilogram, meter (M), M2, or M3. (See ITT’s Online Archives or 05/13/10 news, 10051343, for BP summary of this APHIS requirement, which was enforced as of July 1, 2010.)

Avoid semi-colons. APHIS officials state that the electronic declaration cannot contain any semi-colons; it throws off the formatting of the declaration, causing data to be in the wrong location, etc.

Importer of record must provide required data. APHIS stated that the U.S. importer of record has the onus of providing all the required data to APHIS, including complete and accurate information, even if the broker submits the declaration on the importer’s behalf.

(See ITT's Online Archives or 09/07/11 news, 11090727, for BP summary of APHIS pointers on the Lacey Act Declaration.

See ITT’s Online Archives or 09/06/11 news, 11090622, for BP summary of APHIS sources stating that they are still working to issue their final rule that will define two categories of products that are exempt from the Lacey Act Declaration -- common cultivars and common food crops.

See ITT’s Online Archives or 08/22/11 news, 11082204, for BP summary of APHIS stating it wants the trade to switch to the revised Lacey Declaration form soon.

See ITT's Online Archives or 08/18/11 news, 11081812, for BP summary of APHIS' revisions to PPQ 505 form and addition of a new supplemental form for additional articles and parts.)

CBP guidance on the Lacey Act Declaration available here.