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APHIS Clarifies Lacey Act Declaration Required for Entries From FTZs

Lacey Act declarations are required "for all formal consumption entries of plant and plant products" into the U.S., "including those entries from foreign trade zones and bonded warehouses," the Animal and Plant Health Inspection Service said in a notice (here). There's been confusion over several years as to whether an exemption to the requirements applies to type 06 entries (see 1602180035). The confusion stems from mentions of FTZs within a 2009 Federal Register notice (here) that said it is "not requiring a declaration for informal entries, including most personal shipments, mail, transportation and exportation entries, in­transit movements, carnet importations (i.e., merchandise or equipment that will be re-­exported within a year), and foreign trade zone and warehouse entries."

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APHIS is "aware of certain instances where a Plant and Plant Product Declaration has not been filed for plant or plant products entered into the United States from FTZ and bonded warehouses," it said. The notice is meant to "make clear that such a declaration is required for all formal consumption entries of plant and plant products imported into the United States, including those entries from FTZ and bonded warehouses. However, such declarations are not required for admission into such FTZ or bonded warehouses, which is what we were referring to in the February 2009 notice when we stated that we did not intend to enforce the declaration requirement for FTZ and warehouse entries."

(Federal Register 06/16/16)