Lacey Act Import Declaration Now Required for Certain Wood Products

(World Trade Interactive)

The first phase of enforcement of the new Lacey Act import declaration requirement for plants and plant products went into effect May 1. Subsequent phases are scheduled to be rolled out every six months. U.S. Customs and Border Protection recently posted to its Web site guidance on complying with this requirement.

Covered Products
As of May 1, imports of the following products must accompanied by an import declaration (form PPQ 505) containing the scientific name of the plant from which they were obtained, the value of the importation, the quantity of the plant and the name of the country from which the plant was harvested.

• fuel wood (HTSUS 4401)
• wood in the rough (HTSUS 4403)
• hoopwood; poles, piles, stakes (HTSUS 4404)
• railway or tramway sleepers (HTSUS 4406)
• wood sawn or chipped lengthwise (HTSUS 4407)
• sheets for veneering (HTSUS 4408)
• wood continuously shaped (HTSUS 4409)
• tools, tool handles, broom handles (HTSUS 4417)
• builders’ joinery and carpentry of wood (HTSUS 4418)

Expedited Release
The government began May 1 a pilot program for those entities currently participating in Automated Line Release or Border Release Advance Screening and Selectivity whose products require a Lacey Act declaration during the current phase of enforcement. Under this pilot, participants must choose whether or not to remain active in the expedited program. If a participant opts to be removed, no further action is necessary and the C4 code will be inactivated effective June 1. Those who opt to remain in the expedited release program must complete the following two-step process.

• The participant must file with the Department of Agriculture an advance estimated PPQ 505 that includes all required data elements. The genus, species, value and quantity fields should be an estimation of the participant’s planned imports during the next calendar month. The estimated PPQ 505 must be filed on or before the 15th day of the month prior to the reporting period; e.g., the first estimated PPQ 505 will cover expedited release shipments planned for June and will be due by May 15.

• The participant must file with the USDA, within 15 days after the end of the month, a reconciliation that provides information on the actual shipments made during the previous month. The deadline for the first reconciliation is July 15. The USDA will make the format of the reconciliation available at a later date.

This process must be completed monthly during the pilot. The U.S. government will rely on the collected data in its reports to Congress and in determining possible refinements and extensions to enlarge the process and make it less burdensome for all involved.

Note: CBP has posted Guidance on the Lacey Act Declaration on its website here.