On October 1, 2009, the Animal and Plant Inspection Service launched Phase III of its enforcement of the Lacey Act Declaration requirements for imports of plants and plant products. Phase III extended enforcement of the declaration requirement to additional HTS Chapter 44 products, such as plywood, veneered panels, wooden frames, and tableware and kitchenware of wood.
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 American Apparel & Footwear Association has submitted comments to the Animal and Plant Health Inspection Service (APHIS) regarding the implementation of the Lacey Act provisions. AAFA's comments address the scope of enforcement, form and content of declaration, definitions, de minimis, enforcement of the underlying Lacey Act, etc. (Comments, dated 11/02/09, available at http://www.apparelandfootwear.org/letters/laceyactusdacomments091102.pdf.)
The World Bank reports that the global use of remedy laws such antidumping and countervailing duties, safeguards, and China-specific safeguards increased 52.6% in the third quarter of 2009 compared to the third quarter of 2008. (Notice, dated October 2009, available at http://siteresources.worldbank.org/EXTPREMNET/Resources/PREMNote144Antidumping.pdf)
CBP has posted a notice that provides an overview of previous guidance on the Lacey Act declaration requirement for certain imported plants and plant products. (Notice, dated 10/15/09, available at http://www.cbp.gov/xp/cgov/trade/trade_programs/entry_summary/laws/food_energy/amended_lacey_act/guidance_lacey_act.xml)
The next phase of the Animal and Plant Health Inspection Service's enforcement of the Lacey Act declaration requirement for imported plants and plant products - Phase III - begins on October 1, 2009.
The American Conference Institute is holding its fifth Forum on Import Compliance and Enforcement in Washington, D.C. on October 26 and 27, 2009.
The Animal and Plant Health Inspection Service is currently conducting an Automated Line Release (ALR)/Border Release Advance Screening and Selectivity (BRASS) pilot blanket declaration program for the Lacey Act declaration, for entities that had earlier requested participation for their Phase II products.
The Animal and Plant Health Inspection Service has revised its enforcement phase-in schedule for the Lacey Act declaration requirement for imported plants and plant products.
The Animal and Plant Health Inspection Service is expected to publish a Federal Register notice containing revised enforcement requirements for the Lacey Act Declaration for plants and plant products before October 1, 2009, the date the next phase of implementation is scheduled to begin1.