The Lacey Act is currently in Phase IV, which was implemented on April 1, 2010. It is important for all exporters and importers of wood and plant containing matter entering into the U. S. to know how this will affect you.
The Lacey Act has been amended to make it illegal to import, export, transport, sell, receive, acquire or purchase in interstate or foreign commerce, any plant or wood product -- with very limited exceptions -- taken or traded in violation of domestic or international laws.
Under the Lacey Act amendments included in the 2008 Farm Bill, imports of certain plants and plant products must be accompanied by an import declaration that contains, among other things, the scientific name of the plant, the value of the importation, the quantity of the plant and the name of the country from where the plant was harvested. For paper and paperboard products containing recycled content, the declaration also must include the average percent of recycled content without regard for species or country of harvest. USDA began phasing in its enforcement of this requirement in December 2008. Phases II and III of the Lacey Act became effective in 2009.
The underlying ban on the importation of illegal wood and wood products has been in effect since May 2008. The phase in process refers to the required documentation that must be provided for certain articles upon importation to the United States.
List of products and HTS headings currently affected:
- 4401 - fuel wood
- 4402 - wood charcoal
- 4403 - rough wood
- 4404 - poles, stakes
- 4406 - rail sleepers
- 4407 - wood sawn or chipped
- 4408 - veneering
- 4409 - moldings
- 4412 - plywood, veneered panels (some exceptions)
- 4414 - wooden frames
- 4417 - tool handles
- 4418 - joinery, doors
- 4419 - tableware, kitchenware
- 4420 - marquetry, caskets, statuettes
- 4421 - other articles of wood
- 6602 - walking sticks, whips, crops
- 8201 - hand tools
- 9201 - pianos
- 9202 - other stringed instruments
- 9302 - revolvers and pistols
- 9305.10.20 - parts and accessories for revolvers and pistols
- 9401.69 - seats with wood frames
- 9504.20 - articles and accessories for billiards
- 9703 - sculptures
Pacific Customs Brokers continues to urge you to gather information on this Act and to attend our informative seminars on the Lacey Act Amendment. It is likely that there will be further phases to the Lacey Act, and we will post this information as it becomes available.
For more information, please visit Animal and Plant Health Inspection Service.