A Maine importer faces up to $1.25 million in fines and forfeitures after pleading guilty to Lacey Act violations related to seafood it imported from Canada, the U.S. Attorney’s Office for the District of Maine said (here). ISF Trading bought sea urchins from a Canadian supplier, TGK Fisheries of Grand Manan, that wasn’t authorized to export to the U.S., then brought them across the border under the false label of a different Canadian company, Matthews Seafood, that was allowed to export, the U.S. attorney’s office said. ISF also faces up to five years of probation.
CBP will begin enforcing on Nov. 28 the mandatory filing of type 06 foreign-trade zone entries and entry summaries with Animal Plant and Health Inspection Service Lacey Act data in ACE via the partner government agency (PGA) message set, though such data has technically been required since May 28, CBP said in an update to its list of ACE pilot statuses (here). A previous status update had said the mandatory date itself was Nov. 28, which appeared to conflict with CBP’s ACE schedule (see 1608120029).
CBP issued the following releases on commercial trade and related matters:
CBP plans to mandate filing in ACE of electronic Animal and Plant Health Inspection Service “core” data “early this fall,” it said in an update on the status of partner government agency (PGA) pilots (here). The pilot for APHIS core, which includes all filings except those required by the Lacey Act, such as PGA data required for imports of plants, live animals and animal products under APHIS’ Animal Care, Biotechnology Regulatory Services, Veterinary Services and Plant Protection and Quarantine programs, is set to end Aug. 15, at which point "entry filers will be required to file electronic entries in ACE with APHIS data and some or all APHIS forms using the method designated on the CBP Web site for the submission of the APHIS data and forms" (see 1607150020). Also on the horizon is the ACE mandatory use date for National Marine Fisheries Service data, coming in “late August or September,” CBP said.
APHIS will on Aug. 15 end its “core” pilot, which includes all filings except those required by the Lacey Act, such as PGA data required for imports of plants, live animals and animal products under APHIS’ Animal Care, Biotechnology Regulatory Services, Veterinary Services and Plant Protection and Quarantine programs, APHIS said in a notice (here). After that date, "entry filers will be required to file electronic entries in ACE with APHIS data and some or all APHIS forms using the method designated on the CBP Web site for the submission of the APHIS data and forms," but “APHIS will still collect some paper documentation, such as phytosanitary certificates and health certificates for live animals and animal products,” under an Office of Management and Budget waiver. APHIS said it is ending its core pilot, which began in October, because it has “proven successful.” Lacey Act entry data has been required in ACE since March 31 (see 1603250048).
CBP issued the following releases on commercial trade and related matters:
The Fish and Wildlife Service is increasing amounts of civil penalties for violations of the laws and regulations it administers, including the Lacey Act and Endangered Species Act, it said in an interim rule (here). The one-time “catch up,” which more than doubles some penalty amounts, was required by the Civil Penalties Inflation Adjustment Act Improvements Act of 2015, signed into law in November, and will be followed by annual adjustments for inflation. Penalties for certain violations of the Endangered Species Act will rise to nearly $50,000, while some Lacey Act penalties will increase to a maximum of $25,000. The increase takes effect July 28, with comments on the change due Aug. 29.
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."
International Trade Today is providing readers with some of the top stories for June 6-10 in case they were missed.
A federal judge recently approved a Department of Homeland Security search warrant request to investigate possible wood imports that violate the Lacey Act, said a June 6 filing with the U.S. District Court for the Southern District of California. The request involves Global Plywood and Lumber, a California company suspected of illegally importing wood from Peru. The DHS investigative arm within ICE, Homeland Security Investigation, began the investigation last year after the Peruvian Forest Service provided evidence that an illegal wood shipment was destined for the Port of Houston, the filing said.