Friday, August 13, 2010

Lacey Act Update: Proposed Rule on Definitions for Exempt and Regulated Articles Is Published

(Lexology – Karen Lobdell, Drinker Biddle & Reath LLP)

The Animal and Plant Health Inspection Service (APHIS) published the long-awaited Proposed Rule August 4, 2010, providing the definitions for Exempt and Regulated Articles under the Lacey Act. [...]

APHIS plans to supplement these definitions by providing guidance in the form of a list of examples of plant taxa or commodities that qualify for exemption. The United States Department of Agriculture and Department of Interior will develop and maintain this list on a website, updating it as necessary. Updates will also be noted on the APHIS website. The list will not be exhaustive, and will also provide an email address to which the public can send inquiries regarding specific taxa or commodities, and request additional taxa and commodities be added to the list.

Comments on this Proposed Rule are being accepted on or before October 4, 2010, and may be submitted on the Federal eRulemaking Portal.

Finally, we note that on August 4, 2010, CBP advised the Commercial Operations Advisory Committee (COAC) at its quarterly meeting that there are currently no plans for additional phases to be implemented to the Lacey Act to include more HTSUS Headings. This had been a concern for the trade since the previous FR Notice had indicated that there was a possibility of additional phases being implemented after September 1, 2010. Read more here.