For proponents of the Strengthen Wood Product Supply Chains Act, requiring the federal government to tell importers a specific reason the goods were detained and provide information that "may accelerate the disposition of the detention" would increase transparency and save importers money on demurrage fees. For the bipartisan bill's opponents, the bill's planks, including allowing importers to move the wood to a bonded warehouse after the first 15 days of detention, would undermine law enforcement.
Lacey Act
The Lacey Act and subsequent amendments make it unlawful to import, export, transport, sell, receive, or acquire any plant, fish or wildlife obtained in violation of U.S., tribal or foreign law, as well as any injurious wildlife. The law is administered by the Fish and Wildlife Service, National Oceanic and Atmospheric Administration, Animal and Plant Health Inspection Service and CBP. APHIS has been implementing Lacey Act declaration requirements since 2009. Lacey Act declarations may be filed by the importer of record or its licensed customs broker, and include information on imported item's species name, value, quantity, and country where it was harvested.
The Fish and Wildlife Service is increasing civil penalties for violations of the laws and regulations it administers, including the Lacey Act and the Endangered Species Act, it said in a final rule. The annual increase for inflation raises penalties about 3.2% over those set in 2023, the FWS said.
Congress should remove permanent normal trade relations status for China, but rather than move Chinese imports into Column 2, it should create a China-specific tariff schedule "that restores U.S. economic leverage to ensure that the [Chinese government] abides by its trade commitments and does not engage in coercive or other unfair trade practices and decreases U.S. reliance on [Chinese] imports in sectors important for national and economic security," the House Select Committee on China wrote as one of its dozens of legislative recommendations in its "Strategy to Win America's Economic Competition with the Chinese Communist Party." The report, released Dec. 12, also recommended:
Correction: An Animal and Plant Health Inspection Service official said Dec. 5 that she doesn’t yet have a timeline for phase VIII of Lacey Act declaration enforcement, which she said is “hopefully the last phase” of the implementation of Lacey Act declaration requirements (see 2312050078).
Wrangling over the federal budget has delayed an announcement of the particulars of phase VII of Lacey Act enforcement, as well as the subsequent six-month countdown until new declaration requirements are enforced, said Erin Otto, part of the Animal and Plant Health Inspection Service’s Lacey Act team, during a webinar hosted by the National Customs Brokers & Forwarders Association of America.
Noel Quintana and Kelsy Hernandez Quintana, a Florida couple, pleaded guilty on Oct. 19 to conspiring to skirt customs duties on their plywood imports, DOJ announced. Noel also pleaded guilty to one count each of smuggling and violating the Lacey Act, while Kelsey also pleaded guilty to two counts of violating the Lacey Act. In all, the Quintanas' scheme allowed them to evade around $42 million in duties, DOJ said.
Sayari, a firm that sells risk intelligence to companies with international trade compliance needs, demonstrated how its ability to find and analyze data can help an importer of laminates, flooring or timber evaluate the risk that the wood was harvested illegally in Brazil.
Canadian company FeelGood Natural Health Stores pleaded guilty to violating the Lacey Act by exporting and selling harp seal oil capsules in violation of the Marine Mammal Protection Act, the DOJ announced. The company faces a maximum fine of $500,000 and five years' probation. However, as part of the plea deal, the U.S. and FeelGood recommended a $20,000 fine and three years' probation during which the firm "must create and implement a compliance plan, train its employees, obtain any necessary licenses, and cooperate fully with the government."
Trade agreements could support the administration's goal of fighting deforestation, and so could legislation similar to the Forest Act (see 2110070050), but either path will have to contend with the difficulties of political sensitivities in targeted countries, the possibility of unintended consequences, and the logistical challenges of identifying products from deforested land and enforcing a ban on their entry to the U.S., two recent reports said.
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