APHIS Updates Lacey Act FAQ on CHB-Signed Paper Declarations, Adds Two Q&As
The Animal and Plant Health Inspection Service has issued a February 16, 2012 version of its Lacey Act Amendments frequently asked questions (FAQ) document, as the prior version was out of date, had broken links, and had imprecise text. Sources state that APHIS has refined the Importer of Record - Broker Responsibility Q&A to indicate that brokers who complete the paper Lacey Act declaration for imported plants and plant products have the same responsibility for accuracy as they do when filling out entry information. In addition, two Q&As on hand-carried passenger baggage and musical instruments have been added.
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Amended questions. The amended questions and answers (Q&As) of note are transcribed below (added text underlined):
22. What is the process for submitting a paper declaration form?
Go to the main page of the APHIS Lacey Act website at http://www.aphis.usda.gov/plant_health/lacey_act and fill out a copy of paper declaration form (PPQ Form 505). Importers should have a copy of the [completed] form available for Customs and Border Protection to review at the port of entry. After CBP clears the shipment, the importer must enter the entry number at the top of the form and mail the original form to USDA at the following address: The Lacey Act, c/o the U.S. Department of Agriculture, Box 10, 4700 River Road, Riverdale, MD 20737.
23. What is meant by entered value (Section 12) of the declaration form?
Entered value is the value of the entire shipment in U.S. dollars and is the same value used for Customs Entry.
28. Who is responsible for signing the paper Declaration form?
The Importer of Record is responsible for completing the declaration form, signing it, and submitting it to APHIS. A Customs Broker can sign the Declaration form only if they have Power of Attorney for the Importer of Record; however, in doing so they take upon themselves the same legal responsibility for the accuracy of the information as they do when filing the regular entry data.
44. Is new documentation now required for the interstate transport of timber and plant products?
No. Although the Lacey Act does now require an import declaration for timber and plant products being imported into the United States, it does not introduce any new documentation requirement for interstate transport of plants or plant products. However, if the product leaves the United States and is imported back at a later date, it would have to abide by the import requirements of the Act as well, including the declaration requirement.
New questions. The following two new questions on passenger baggage and musical instruments have been added:
29. Do I have to declare hand carried items such as passenger baggage? Currently, the declaration is only required for products imported into the United Sates as a Formal Entry. Items in passenger baggage or personal items traveling with a person do not require a declaration. For example, if you are traveling with your personal guitar, you are not required to declare the plant material in the guitar.
30. Do I have to declare musical instruments coming from or going to a performance? Musical Instruments transported for performance purposes do not require a declaration. Only musical instruments being commercially imported as a Formal Consumption Entry would require a declaration.
(See ITT's Online Archives 10090201 for summary of the addition of a new Q&A to the FAQ on the importer of record and the Customs broker's responsibility when signing the paper declaration.)