March 19, 2009

CBP will assist USDA, the lead regulatory agency, with electronic collection of data to fulfill the import declaration requirement of the Lacey Act amendments. CBP intends to complete automation of the process for collecting the declaration data elements found on PPQ Form 505 and be prepared to accept data through ABI beginning April 1, 2009. Importers should be confirming with their brokers or filers that they will be ready to file electronically for products covered by the Phase II deadline.

Technical requirements may be found in the PGA Chapter of the CATAIR. Non-technical guidance for the Trade will posted next week. In the meantime, information may be found on the USDA website.

The declaration must be made at time of importation, and include information on:

• Scientific name of plant (including genus & species)
• Value of importation
• Quantity of the plant
• Name of the country in which the plant was harvested
• For paper and paperboard products with recycled content, the average percentage of recycled content without regard for species or country of harvest

The declaration requirement does not apply to packaging material used to support, protect or carry another item (unless the packaging material itself is the item being imported).

There has been a phased-in approach to enforcement of the declaration requirement. Phase 1 has been voluntary compliance and outreach. Phase 2 is set to begin on April 1, 2009, with declarations submitted electronically for the first set of tariff numbers in Chapter 44 (wood & articles of wood). These are:

Phase II -- April 1, 2009–September 30, 2009

Ch. 44 Headings (wood & articles of wood)

-- 4401—(Fuel wood)
-- 4403—(Wood in the rough)
-- 4404—(Hoopwood; poles, piles, stakes).
-- 4406—(Railway or tramway sleepers).
-- 4407—(Wood sawn or chipped lengthwise).
-- 4408—(Sheets for veneering)
-- 4409—(Wood continuously shaped).
-- 4417—(Tools, tool handles, broom handles).
-- 4418—(Builders’ joinery and carpentry of wood).

Information of Phase III and IV products implementation is as follows:

Phase III-- October 1, 2009–March 31, 2010

Ch. 44 Headings (wood & articles of wood)

-- 4402—(Wood charcoal)
-- 4405—(Wood wool [excelsior])
-- 4410—(Particle board)
-- 4411—(Fiberboard of wood)
-- 4412—(Plywood, veneered panels)
-- 4413—(Densified wood)
-- 4414—(Wooden frames)
-- 4415—(Packing cases, boxes, crates, drums).
-- 4416—(Casks, barrels, vats, tubs).
-- 4419—(Tableware & kitchenware, of wood).
-- 4420—(Wood marquetry; caskets; statuettes).

Ch. 47 Headings (wood pulp)

-- 4701—(Mechanical wood pulp).
-- 4702—(Chemical wood pulp, dissolving).
-- 4703—(Chemical wood pulp, sulfate).
-- 4704—(Chemical wood pulp, sulfite).
-- 4705—(Combination mechanical and chemical).

Phase IV-- April 1, 2010–September 30, 2010

Ch. 44 Headings (wood & articles of wood)

-- 4421—(Articles of wood, nesoi)

Ch. 48 Headings (paper & articles of)

-- 4801—(Newsprint)
-- 4802—(Uncoated writing paper)
-- 4803—(Toilet or facial tissue stock)
-- 4804—(Uncoated kraft paper)
-- 4805—(Other uncoated paper and board)
-- 4806—(Vegetable parchment, etc.)
-- 4807—(Composite paper and board)
-- 4808—(Corrugated paper and board)
-- 4809—(Carbon paper)
-- 4810—(Coated paper and board)
-- 4811—(paper coated, etc., other than 4803, 4809, or 4810)

Ch. 94 Headings (furniture, etc.)

-- 9401.69 (seats with wooden frames)
-- 9403.30 (wooden office furniture)
-- 9403.40 (wooden kitchen furniture)
-- 9403.50 (wooden bedroom furniture)
-- 9403.60 (other wooden furniture)
-- 9403.9070 (wooden furniture parts)

For assistance or additional information, please contact George Tuttle, III at (415) 986-8780 or geo@tuttlelaw.com.

George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle in San Francisco.

The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

Copyright © 2009 by Tuttle Law Offices. 

All rights reserved.  Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

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