Reminder: Phase VI of Lacey Act Enforcement Starts Friday

Trade Update • SEPTEMBER 30, 2021

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.

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.