Trade Compliance

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Implementation of Revised Lacey Act: USDA APHIS Accepting Comments

Posted March 27, 2015


The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is accepting comments through April 7, 2015 on the proposed extension of an information collection required by the Lacey Act for the importation of certain plants and plant products. The changes in question relate to implementation of Revised Lacey Act Provisions published earlier this year; more specifically, Phase V of the enforcement schedule that is due to begin on August 6, 2015.

Products covered in Phase V include:

Ch. 44 Headings (Wood & Articles of Wood)
  • 4416003010—new casks, barrels, and parts of wood
  • 4416003020—used assembled casks of wood
  • 4416003030—used unassembled casks of wood
  • 4416006010—new barrel staves of wood
  • 4416006020—new barrel hoops of softwood
  • 4416006030—new tight barrelheads of wood
  • 4416006040—used barrels staves of softwood
  • 4416006050—used hoops, tight barrelheads of softwood
  • 4416009020—new other casks, barrels, wood
  • 4416009040—used other cooper goods, wood
Ch. 82 Headings (Tools, Implements, Cutlery, Spoons and Forks, of Base Metal; Parts Thereof of Base Metal)
  • 8211926000—hunting knives with wood handles
  • 8215992400—table barbeque forks with wood handles
Ch. 94 Headings (Furniture, etc.)
  • 9401612010—upholstered teak chair, household
  • 9401612030—upholstered teak chairs, other
  • 9401901500—parts of bent-wood seats
  • 9403304000—bent-wood office furniture
  • 9403404000—bent-wood kitchen furniture
  • 9403504000—bent-wood bedroom furniture
  • 9403604000—other bent-wood furniture
Ch. 96 Headings (Miscellaneous Manufactured Articles)
  • 9614002100—rough wood blocks for smoking pipe manufacture

APHIS administers the Lacey Act, enacted in 1900, to fight trafficking in illegal wildlife, fish, and plants. Significant amendments by way of the Food, Conservation, and Energy Act, effective May 22, 2008, imposed requirements for importers to submit an import declaration specifying the scientific name, importation value, plant quantity, and name of country of harvest for certain plants and plant products. Implementation and enforcement has been according to several phases by HTS chapter, the most recent being Phase IV on April 1, 2010 that includes certain goods from chapters 44, 66, 82, 92, 93, 94, 95, and 97.

It should be noted that although significant broadening of the Lacey Act’s product coverage in 2008 was ostensibly intended to protect fragile rain forests, it is actually Canadian manufacturers and exporters which account for 90% of all declarations submitted to APHIS. Industry groups in Canada have consistently opposed the legislation, characterizing the compliance burden associated with the required import declaration as an onerous and completely needless trade barrier.