Reminder: Phase VI of Lacey Act Enforcement Starts Oct. 1st

As previously reported, the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service has announced that implementation of Phase VI of the Lacey Act enforcement schedule will begin on October 1, 2021.

The Lacey Act makes it unlawful, to import certain plants, including plant products, without an import declaration. Since 2009, APHIS has been gradually phasing in enforcement of the declaration requirement. The last phase, which covered barrels, casks, certain types of wooden furniture, etc., was implemented in 2015.

APHIS suspended implementation of Phase VI in fall 2020 in response to stakeholder concerns about operational and economic setbacks caused by the COVID-19 pandemic. The temporary delay gave stakeholders additional time to recover from the impacts of the pandemic and to prepare for implementation of the requirement.

Added Wood Products

Effective October 1, 2021, the following products will require an import declaration containing the scientific name of the plant, import value, quantity, and country of origin.

Ch. 33 Headings (Essential Oils)*

• 3301.29.5109—essential oils of cedarwood
• 3301.29.5121—essential oils of linaloe or bois de rose
• 3301.29.5139—essential oils of sandalwood

Ch. 42 Headings (Trunks, Cases, Suitcases)

• 4202.29.2000—trunks, cases, and suitcases of wood
• 4202.99.2000—other, of wood, not lined
• 4202.99.3000—other, of wood, lined

Ch. 44 Headings (Wood and Articles of Wood)

• 4410.12—oriented strand board (OSB)
• 4415—cases, boxes, crates, drums, containers, pallets, box-pallets, etc.

Ch. 92 Headings (Musical Instruments)

• 9205.90.2000—wind musical instruments: bagpipes
• 9205.90.4020—clarinets
• 9205.90.4080—other (woodwind instruments)
• 9205.90.4060—flutes and piccolos
• 9206.00.2000—drums
• 9207.90.0040—musical instruments (fretted string instruments)
• 9209.92—parts and accessories for musical instruments of heading 9202
• 9209.99.2000—parts and accessories for bagpipes
• 9209.99.4040—parts and accessories for other woodwind instruments
• 9209.99.8000—other

Ch. 96 Headings (Miscellaneous Manufactured Articles)

• 9620.00.5500—monopods, bipods, tripods and similar articles of wood

Packaging and Pallets Excluded

The Lacey Act specifies that the plant import declaration requirement does not apply to plants used exclusively as packaging material to support, protect, or carry another item, unless the packaging material itself is the item being imported.

More specifically, with regards to goods of heading 44.15, the declaration requirement does not apply to used, recycled, or reclaimed pallets or to pallets, empty or under load, that are used to carry goods imported into the United States.

*‘Other’ Essential Oils

In response to stakeholder concerns about the proposed addition of “Other” essential oils classified under 3301.29.5150 possibly resulting in “both deliberate and unintentional inaccuracies” owing to its lack of specificity, CBP has decided not to include it this implementation phase.

Need More Information?

Should you have any questions about enforcement of the Lacey Act, don’t hesitate to contact one of our knowledgeable trade experts.