Lacey Act Phase 6 In Force October 2021

If you import, export, transport, sell, receive or acquire goods made up of plant or wood products grown or manufactured outside of the US, then you are likely following the implementation of the Lacey Act. Currently, the Lacey Act implementation is in Phase 5, but will enter Phase 6 on October 1st, of this year. Keep reading to understand what this means to your business and the additional steps you will need to take.

Increased Documentation Requirements Rolled Out In Phases

Although the Lacey Act has been in place for years, amendments to it have steadily increased the documentation requirements, rolled out in phases.

Phase 1 - 2008
Phase 2 & 3 - 2009
Phase 4 - 2010
Phase 5 - 2015
Phase 6 - 2022

Phase 6 Documentation Requirements

Recently the US Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) announced that it will implement another phase of the Lacey Act. The notice states "Phase Six will require a plant import declaration for additional products such as essential oils, wood cases, trunks, and suitcases, Oriented Strand Board (OSB), and wooden crates, pallets and other wood packaging that are imported into the United States." (Source)

Declaration of affected goods will need to include details such as the scientific name, piece count or quantity, valuation for Customs purposes and list the country where the item originated.

Lacey Act Rule Change Allowing De Minimis:

On April 1, 2020 the USDA regulations changed, narrowing the number of goods containing plant materials that will require a Lacey Act import declaration. Under the new final rule, exemptions will be allowed for items containing less than 5% of the unit weight, and the imported product must not contain plant material weighing more than 2.9 kg.

This de minimis exception does not apply to products containing plant material listed in an appendix to the Convention on International Trade Enforcement Species (CITES) of Wild Fauna and Flora or as an endangered or threatened species under the Endangered Species Act. 


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About Author
Misty Gibbins
LCB, CCS

Misty has been working in the brokerage business for 35 years. She was the manager of the Blaine Office of Peace Bridge Customs Brokers for nine years, before coming to Pacific Customs Brokers, Inc. Misty has worked in the trade compliance group at PCB for the past 12 years. She is currently the Senior Trade Regulatory Analyst, which involves keeping up with trade related regulatory changes.

While we strive for accuracy in all our communications, as the Importer of Record it is incumbent upon your company to ensure that you are aware of the requirements under the new regulations so that you maintain compliance as always.
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