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Lacey Act requirements for Wood/Plant Products
Feb. 3, 2009--The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced revisions to its plan to enforce the new declaration requirements of the amended Lacey Act. See http://edocket.access.gpo.gov/2009/pdf/E9-2232.pdf
In 2008, the Lacey Act was 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 limited exceptions-- taken or traded in violation of domestic or international laws.
APHIS has adopted a phased-in enforcement period. With the revised schedule, the Agency is extending the length of each enforcement period from three months to six months. The entire enforcement period is now Dec. 15, 2008, to Sept. 30, 2010. APHIS has also said that it will be providing an affirmative list of products that are part of each phase of enforcement.
During the first period of enforcement, which began on Dec. 15, 2008, persons importing certain plants and plant products may voluntarily submit the declaration form to APHIS. (http://www.aphis.usda.gov/plant_health/lacey_act/
downloads/declarationform.pdf )The second phase, which will begin on or about April 1, 2009, will include products that are minimally processed and/or of less complicated composition, such as wood in the rough or sheets for veneering. In this phase, the declaration will only be required for the product itself and not the sundries that ordinarily accompany the product (e.g., tags, labels, manuals and warranty cards).
The third phase will include those products that are more processed and of more complex composition, such as wood pulp and particle board. Finally, phase four includes highly processed products, such as paper or furniture.
The declaration must contain, among other things, the scientific name of the plant, value of the importation, quantity of the plant and name of the country 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.
APHIS will continue to consider whether the declaration requirement should be applicable to products not listed in the phase-in schedule and is seeking public input as to how the declaration requirement should be enforced as to those articles. APHIS is also inviting the public to comment on the products covered under phases three and four of its revised plan.
It is important to note that while enforcement of the declaration requirement will be phased-in beginning on April 1, 2009, the other Lacey Act amendments are in effect and action to enforce those requirements may be taken at any time.
Importers with questions or concerns about the scope of coverage for products they import are encouraged to submit comments or questions to APHIS.